Notice of Permit Applications Received Under the Antarctic Conservation Act of 1978, 23523-23524 [2016-09250]
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Federal Register / Vol. 81, No. 77 / Thursday, April 21, 2016 / Notices
jstallworth on DSK7TPTVN1PROD with NOTICES
practice.’’ 21 U.S.C. 802(21). Likewise,
the CSA conditions the granting of a
practitioner’s application on his/her
possession of authority to dispense
controlled substances under state law.
See 21 U.S.C. 823(f) (‘‘The Attorney
General shall register practitioners . . .
to dispense . . . controlled substances
. . . if the applicant is authorized to
dispense . . . controlled substances
under the laws of the State in which he
practices.’’). Of further note, the CSA
defines the term ‘‘dispense’’ as meaning
‘‘to deliver a controlled substance to an
ultimate user . . . by, or pursuant to the
lawful order of, a practitioner.’’ Id.
§ 802(10) (emphasis added).
Thus, the Agency has repeatedly held
that the possession of authority to
dispense controlled substances under
the laws of the State in which a
practitioner engages in professional
practice is a fundamental condition for
obtaining and maintaining a
practitioner’s registration. See, e.g.,
James L. Hooper, 76 FR 71371 (2011),
pet. for rev. denied, 481 Fed Appx. 826
(4th Cir. 2012). And because a
practitioner’s authority under the CSA
is based on his/her authority to dispense
controlled substances under the laws of
the State in which he practices, the
Agency has further held that ‘‘to the
extent a practitioner is not authorized
under state law to dispense certain
categories or schedules of controlled
substances, he can no longer lawfully
dispense them under federal law.’’
Kenneth Harold Bull, 78 FR 62666,
62672 (2013).
In Bull, a case in which the
practitioner’s state board had prohibited
him from prescribing narcotics, the
Agency explained that ‘‘where a state
board takes such action, at a minimum,
a practitioner’s CSA registration must be
limited to authorize the dispensing of
only those controlled substances, which
he can lawfully dispense under state
law.’’ Id. at 62672. Here, the Florida
Department of Health has suspended
Respondent’s authority to prescribe any
medications listed in schedules II, III, or
IV of the Florida schedules of controlled
substances, and under Florida law,
Respondent is limited to prescribing
only those controlled substances in
schedule V.4 Accordingly, I will order
4 Have reviewed the schedules of controlled
substances under Florida law, I conclude that they
are coterminous with those of the CSA with the
exception of buprenorphine, which under Florida
law, is a schedule V controlled substance. While
buprenorphine was formerly a schedule V drug
under the CSA, in 2002, the drug was placed in
schedule III following the Department of Health and
Human Services’ reevaluation of the drug’s ‘‘abuse
potential and dependence profile in light of
numerous scientific studies and years of human
experience with [the] drug.’’ Schedules of
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that Respondent’s registration shall be
restricted to prohibit him from
dispensing controlled substances in
schedules II through IV and to authorize
only the prescribing of schedule V
controlled substances.
The conduct giving rise to the
criminal charges for racketeering
activity, unlawful distribution of
controlled prescription drugs, and
manslaughter related to drug overdose
deaths could serve as the basis for a
request for total revocation based on
public interest grounds (or, in the event
of a conviction, based upon a conviction
of a felony related to controlled
substances). 21 U.S.C. 824(a)(2) and (4).
The Order to Show Cause before me is
based solely upon Respondent’s lack of
state authority to handle certain
controlled substances. This Order is
constrained by the basis set forth in the
Order to Show Cause, and I will only
consider Respondent’s alleged criminal
conduct if and when he is served with
an Order to Show Cause why his
registration should not be revoked in
total based on public interest grounds,
and he is given the opportunity to
address that allegation.
Order
Pursuant to the authority vested in me
by 21 U.S.C. 824(a), as well as 28 CFR
0.100(b), I order that DEA Certificate of
Registration BB3166053, issued to Ibem
R. Borges, M.D., be, and it hereby is,
restricted to prohibit the dispensing of
controlled substance in schedules II
through IV and to authorize only the
prescribing of controlled substances in
schedule V of the Controlled Substances
Act (21 CFR 1308.15). This Order is
effective immediately.
Controlled Substances: Rescheduling of
Buprenorphine From Schedule V to Schedule III, 67
FR 62354 (2002) (final rule). Thus, this Agency has
determined that the drug ‘‘has a potential for abuse
less than the drugs or other substances in schedules
I and II,’’ that it ‘‘has a currently accepted medical
use in treatment in the United States,’’ and most
importantly, that ‘‘[a]buse of the drug . . . may lead
to moderate or low physical dependence or high
psychological dependence.’’ 21 U.S.C. 812(b)(3); see
also 67 FR at 62367.
Notably, Florida has adopted the same criteria for
placing a drug in its schedule III as the CSA uses,
see Fla. Stat. 893.03(3), and the State has
determined that Respondent’s ‘‘continued,
unrestricted practice of medicine poses an
immediate serious danger to the public health,
safety or welfare,’’ and concluded, inter alia, that
he cannot safely prescribe controlled substances in
schedule III. GX 8, at 20; see also id. at 28. I
therefore hold that notwithstanding that
buprenorphine remains a schedule V drug under
Florida law and that the scope of his federal
authority derives from his authority under state
law, the placement of the drug in schedule III of the
CSA precludes him from lawfully prescribing the
drug under his DEA registration.
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23523
Dated: April 5, 2016.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2016–09274 Filed 4–20–16; 8:45 am]
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EXECUTIVE OFFICE OF THE
PRESIDENT
Office of National Drug Control Policy
Designation of Two Counties as High
Intensity Drug Trafficking Areas
Office of National Drug Control
Policy, Executive Office of the
President.
ACTION: Notice of HIDTA Designations.
AGENCY:
The Director of the Office of
National Drug Control Policy designated
two additional counties as High
Intensity Drug Trafficking Areas
(HIDTA) pursuant to 21 U.S.C. 1706.
The new counties are Austin and
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FOR FURTHER INFORMATION CONTACT:
Questions regarding this notice should
be directed to Michael K. Gottlieb,
Associate Director, Programs Office,
Office of National Drug Control Policy,
Executive Office of the President,
Washington, DC 20503; (202) 395–4868.
SUMMARY:
Dated: March 23, 2016.
Michael Passante,
Deputy General Counsel.
[FR Doc. 2016–09230 Filed 4–20–16; 8:45 am]
BILLING CODE 3280–F5–P
NATIONAL SCIENCE FOUNDATION
Notice of Permit Applications Received
Under the Antarctic Conservation Act
of 1978
National Science Foundation.
Notice of Permit Applications
Received under the Antarctic
Conservation Act of 1978, Public Law
95–541.
AGENCY:
ACTION:
The National Science
Foundation (NSF) is required to publish
a notice of permit applications received
to conduct activities regulated under the
Antarctic Conservation Act of 1978.
NSF has published regulations under
the Antarctic Conservation Act at Title
45 Part 670 of the Code of Federal
Regulations. This is the required notice
of permit applications received.
DATES: Interested parties are invited to
submit written data, comments, or
views with respect to this permit
application by May 23, 2016. This
SUMMARY:
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Federal Register / Vol. 81, No. 77 / Thursday, April 21, 2016 / Notices
application may be inspected by
interested parties at the Permit Office,
address below.
Comments should be
addressed to Permit Office, Room 755,
Division of Polar Programs, National
Science Foundation, 4201 Wilson
Boulevard, Arlington, Virginia 22230.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Nature McGinn, ACA Permit Officer, at
the above address or ACApermits@
nsf.gov.
The
National Science Foundation, as
directed by the Antarctic Conservation
Act of 1978 (Pub. L. 95–541), as
amended by the Antarctic Science,
Tourism and Conservation Act of 1996,
has developed regulations for the
establishment of a permit system for
various activities in Antarctica and
designation of certain animals and
certain geographic areas a requiring
special protection. The regulations
establish such a permit system to
designate Antarctic Specially Protected
Areas.
SUPPLEMENTARY INFORMATION:
Application Details
Permit Application: 2017–001
1. Applicant: Kristin M. O’Brien,
Institute of Arctic Biology, P.O. Box
757000, Fairbanks, AK 99775–7000.
Activity for Which Permit Is Requested
ASPA Entry. This applicant will fish
using benthic trawls and fish traps/pots
in the Antarctic Peninsula area for
capturing specimens to support studies
of the physiology and biochemistry of
Antarctic fishes with an emphasis on
Channichthyid fishes. Collection of
specimens will be carried out aboard the
ARSV Laurence M. Gould and live
specimens will be transported to
aquarium facilities at Palmer Station for
research purposes. Benthic Otter
trawling will be restricted to areas with
smooth bottom surfaces. The applicant
plans to collect a total of 200–300 fish
specimens from about 15 species. Tissue
samples will be transported to the home
institution.
Location
jstallworth on DSK7TPTVN1PROD with NOTICES
APSA 152, Western Bransfield Strait;
ASPA 153 Eastern Dallmann Bay.
Dates
March 1–August 30, 2017.
Nadene G. Kennedy,
Polar Coordination Specialist, Division of
Polar Programs.
[FR Doc. 2016–09250 Filed 4–20–16; 8:45 am]
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NUCLEAR REGULATORY
COMMISSION
Advisory Committee on Reactor
Safeguards (ACRS) Meeting of the
ACRS Subcommittee on Reliability and
PRA; Notice of Meeting
The ACRS Subcommittee on
Reliability and PRA will hold a meeting
on May 4, 2016, Room T–2B1, 11545
Rockville Pike, Rockville, Maryland.
The meeting will be open to public
attendance.
The agenda for the subject meeting
shall be as follows:
Wednesday, May 4, 2016—8:30 a.m.
Until 12:00 p.m.
The Subcommittee will discuss the
draft guidance for human reliability
analysis and probabilistic risk
assessment on treatment of scenarios
that require main control room
abandonment in response to a fire event.
The Subcommittee will hear
presentations by and hold discussions
with the NRC staff and interested
persons regarding this matter. The
Subcommittee will gather information,
analyze relevant issues and facts, and
formulate proposed positions and
actions, as appropriate, for deliberation
by the Full Committee.
Members of the public desiring to
provide oral statements and/or written
comments should notify the Designated
Federal Official (DFO), John Lai
(Telephone 301–415–5197 or Email:
John.Lai@nrc.gov) five days prior to the
meeting, if possible, so that appropriate
arrangements can be made. Thirty-five
hard copies of each presentation or
handout should be provided to the DFO
thirty minutes before the meeting. In
addition, one electronic copy of each
presentation should be emailed to the
DFO one day before the meeting. If an
electronic copy cannot be provided
within this timeframe, presenters
should provide the DFO with a CD
containing each presentation at least
thirty minutes before the meeting.
Electronic recordings will be permitted
only during those portions of the
meeting that are open to the public.
Detailed procedures for the conduct of
and participation in ACRS meetings
were published in the Federal Register
on October 21, 2015 (80 FR 63846).
Detailed meeting agendas and meeting
transcripts are available on the NRC
Web site at https://www.nrc.gov/readingrm/doc-collections/acrs. Information
regarding topics to be discussed,
changes to the agenda, whether the
meeting has been canceled or
rescheduled, and the time allotted to
present oral statements can be obtained
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from the Web site cited above or by
contacting the identified DFO.
Moreover, in view of the possibility that
the schedule for ACRS meetings may be
adjusted by the Chairman as necessary
to facilitate the conduct of the meeting,
persons planning to attend should check
with these references if such
rescheduling would result in a major
inconvenience.
If attending this meeting, please enter
through the One White Flint North
building, 11555 Rockville Pike,
Rockville, Maryland. After registering
with security, please contact Mr. Theron
Brown (Telephone 240–888–9835) to be
escorted to the meeting room.
Dated: April 12, 2016.
Mark L. Banks,
Chief, Technical Support Branch, Advisory
Committee on Reactor Safeguards.
[FR Doc. 2016–09254 Filed 4–20–16; 8:45 am]
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ACTION:
The Commission is noticing a
recent Postal Service filing concerning
the addition of Priority Mail Contract
206 to the competitive product list. This
notice informs the public of the filing,
invites public comment, and takes other
administrative steps.
DATES: Comments are due: April 25,
2016.
SUMMARY:
Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Those who cannot submit
comments electronically should contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section by
telephone for advice on filing
alternatives.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Notice of Commission Action
III. Ordering Paragraphs
I. Introduction
In accordance with 39 U.S.C. 3642
and 39 CFR 3020.30-.35, the Postal
Service filed a formal request and
associated supporting information to
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[Federal Register Volume 81, Number 77 (Thursday, April 21, 2016)]
[Notices]
[Pages 23523-23524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09250]
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NATIONAL SCIENCE FOUNDATION
Notice of Permit Applications Received Under the Antarctic
Conservation Act of 1978
AGENCY: National Science Foundation.
ACTION: Notice of Permit Applications Received under the Antarctic
Conservation Act of 1978, Public Law 95-541.
-----------------------------------------------------------------------
SUMMARY: The National Science Foundation (NSF) is required to publish a
notice of permit applications received to conduct activities regulated
under the Antarctic Conservation Act of 1978. NSF has published
regulations under the Antarctic Conservation Act at Title 45 Part 670
of the Code of Federal Regulations. This is the required notice of
permit applications received.
DATES: Interested parties are invited to submit written data, comments,
or views with respect to this permit application by May 23, 2016. This
[[Page 23524]]
application may be inspected by interested parties at the Permit
Office, address below.
ADDRESSES: Comments should be addressed to Permit Office, Room 755,
Division of Polar Programs, National Science Foundation, 4201 Wilson
Boulevard, Arlington, Virginia 22230.
FOR FURTHER INFORMATION CONTACT: Nature McGinn, ACA Permit Officer, at
the above address or ACApermits@nsf.gov.
SUPPLEMENTARY INFORMATION: The National Science Foundation, as directed
by the Antarctic Conservation Act of 1978 (Pub. L. 95-541), as amended
by the Antarctic Science, Tourism and Conservation Act of 1996, has
developed regulations for the establishment of a permit system for
various activities in Antarctica and designation of certain animals and
certain geographic areas a requiring special protection. The
regulations establish such a permit system to designate Antarctic
Specially Protected Areas.
Application Details
Permit Application: 2017-001
1. Applicant: Kristin M. O'Brien, Institute of Arctic Biology, P.O. Box
757000, Fairbanks, AK 99775-7000.
Activity for Which Permit Is Requested
ASPA Entry. This applicant will fish using benthic trawls and fish
traps/pots in the Antarctic Peninsula area for capturing specimens to
support studies of the physiology and biochemistry of Antarctic fishes
with an emphasis on Channichthyid fishes. Collection of specimens will
be carried out aboard the ARSV Laurence M. Gould and live specimens
will be transported to aquarium facilities at Palmer Station for
research purposes. Benthic Otter trawling will be restricted to areas
with smooth bottom surfaces. The applicant plans to collect a total of
200-300 fish specimens from about 15 species. Tissue samples will be
transported to the home institution.
Location
APSA 152, Western Bransfield Strait; ASPA 153 Eastern Dallmann Bay.
Dates
March 1-August 30, 2017.
Nadene G. Kennedy,
Polar Coordination Specialist, Division of Polar Programs.
[FR Doc. 2016-09250 Filed 4-20-16; 8:45 am]
BILLING CODE 7555-01-P