Notice of Permit Applications Received Under the Antarctic Conservation Act of 1978, 23523-23524 [2016-09250]

Download as PDF 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 VerDate Sep<11>2014 13:27 Apr 20, 2016 Jkt 238001 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. PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 23523 Dated: April 5, 2016. Chuck Rosenberg, Acting Administrator. [FR Doc. 2016–09274 Filed 4–20–16; 8:45 am] BILLING CODE 4410–09–P 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 Walker Counties in Texas as part of the Houston HIDTA. 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: E:\FR\FM\21APN1.SGM 21APN1 23524 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] BILLING CODE 7555–01–P VerDate Sep<11>2014 13:27 Apr 20, 2016 Jkt 238001 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 http://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 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 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] BILLING CODE 7590–01–P POSTAL REGULATORY COMMISSION [Docket Nos. MC2016–121 and CP2016–154; Order No. 3244] New Postal Product Postal Regulatory Commission. Notice. AGENCY: 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 http:// 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 E:\FR\FM\21APN1.SGM 21APN1

Agencies

[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