Notice of Lodging of Proposed Consent Decree Under the Clean Air Act, 50726 [2016-18161]
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50726
Federal Register / Vol. 81, No. 148 / Tuesday, August 2, 2016 / Notices
The Board’s conclusions of law that
Registrant committed unprofessional
conduct by prescribing controlled
substances to his wife, as well as by
engaging in habitual substance abuse
and using controlled substances which
were not prescribed to him by another
physician in the course of treatment,
support the conclusion that he has
committed such acts as to render his
registration ‘‘inconsistent with the
public interest.’’ 21 U.S.C. 824(a)(4).
These findings provide an additional
and independent basis to revoke
Registrant’s registration.
mstockstill on DSK3G9T082PROD with NOTICES
Order
Pursuant to the authority vested in me
by 21 U.S.C. 824(a) and 823(f), as well
as 28 CFR 0.100(b), I order that DEA
Certificate of Registration BB7566461
issued to Alaaeldin Babiker, M.D., be,
and it hereby is, revoked. I further other
that any application of Alaaeldin
Babiker, M.D., to renew or modify this
registration, or for any other registration,
be, and it hereby is denied. This Order
is effective immediately.5
he acted outside of the usual course of professional
practice and lacked a legitimate medical purpose in
prescribing to B.S. 21 CFR 1306.04(a). These
include that he failed to address B.S.’s positive test
for marijuana, that he did not perform additional
evaluations or use therapeutic interventions other
than prescribing controlled substances, that he
dramatically increased B.S.’s pain medications and
did not document an explanation for doing so, and
that he failed to maintain adequate and legible
medical records.
The Board did not, however, find that Registrant
engaged in ‘‘[p]rescribing, dispensing, or
administering any controlled substance . . . for
other than accepted therapeutic purposes,’’ Ariz.
Rev. Stat. § 32–1401(27)(j), a standard similar to that
of 21 CFR 1306.04(a). See GX 3, at 6; see also
Kenneth Harold Bull, 78 FR 62666, 62674 (2013)
(holding that physician’s violation of a State’s
‘‘injudicious prescribing’’ standard did not establish
a violation of 21 CFR 1306.4(a) when the State also
had a standard prohibiting ‘‘prescribing . . . or
dispensing of narcotic, stimulant or hypnotic drugs
for other than accepted therapeutic purposes’’ but
did not find a violation). Instead, the Board found
that he committed unprofessional conduct by
engaging in ‘‘[a]ny conduct or practice that is or
might be harmful or dangerous to the health of the
patient or the public.’’ GX 3, at 6 (citing Ariz. Rev.
Stat. § 32–1401(27)(q)).
In its Request for Final Agency Action, the
Government did not allege that the Board’s findings
with respect to B.S. supported a finding that
Registrant violated 21 CFR 1306.04(a). Nor did it
argue that the Board’s findings establish reckless or
negligent conduct in the handling of controlled
substances, which is a basis to revoke a registration
under Paul J. Caragine, 63 FR 51592, 51601 (1998).
Moreover, the Government offers no argument as
to why the Board’s standard of ‘‘[a]ny conduct or
practice that is or might be harmful or dangerous
to the health of the patient or the public’’ is a law
related to controlled substances under factor four.
I therefore do not consider whether this provision
falls within factor four. Nor do I consider the
Board’s findings with respect to B.S.
5 For the same reasons which led the Board to
order Registrant to immediately surrender his state
license, I conclude that this Order should be
VerDate Sep<11>2014
20:32 Aug 01, 2016
Jkt 238001
Dated: July 22, 2016.
Chuck Rosenberg,
Acting Administrator.
Comments may be submitted either by
email or by mail:
To submit
comments:
Send them to:
By e-mail ......
[FR Doc. 2016–18278 Filed 8–1–16; 8:45 am]
pubcomment-ees.enrd@
usdoj.gov.
Assistant Attorney General,
U.S. DOJ–ENRD, P.O. Box
7611, Washington, DC
20044–7611.
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
By mail .........
Notice of Lodging of Proposed
Consent Decree Under the Clean Air
Act
On July 27, 2016, the Department of
Justice lodged a proposed Consent
Decree with the United States District
Court for the Eastern District of
Tennessee in the lawsuit entitled United
States and Knox County, Tennessee, Ex
Rel, Lynne Liddington, Director Of Air
Quality Management For Knox County,
Tennessee v. Cemex Inc., et al., Civil
Action No. 3:16–cv–471.
This case involves claims for alleged
violations of the Prevention of
Significant Deterioration (‘‘PSD’’)
program of the Clean Air Act (‘‘CAA’’),
CAA’s Title V operating permit
requirements, and related Tennessee
and Texas state law requirements at
Portland cement facilities in Knoxville,
Tennessee and Odessa, Texas owned or
operated by Cemex, Inc. or related
corporate entities (collectively,
‘‘Cemex’’). The complaint seeks
injunctive relief for installation of
control technology to reduce emissions
of nitrogen oxides (NOX), civil penalties,
and mitigation of past excess NOX
emissions. The settlement resolves the
liability at these facilities and also
resolves similar potential liability at
additional Cemex cement plants in New
Braunfels, Texas, Louisville, Kentucky
and Demopolis, Alabama, and requires
Cemex to install pollution control
equipment, agree to federally
enforceable limits for NOX and SO2
emissions, pay $1,690,000 in civil
penalties, and perform an
environmental mitigation project.
The publication of this notice opens
a period for public comment on the
Consent Decree. Comments should be
addressed to the Assistant Attorney
General, Environment and Natural
Resources Division, and should refer to
United States and Knox County,
Tennessee, Ex Rel, Lynne Liddington,
Director Of Air Quality Management For
Knox County, Tennessee v. Cemex Inc.,
et al., D.J. Ref. No. 90–5–2–1–09716. All
comments must be submitted no later
than thirty (30) days after the
publication date of this notice.
effective immediately. GX 9, at 9; see also 21 CFR
1316.67.
PO 00000
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Fmt 4703
Sfmt 4703
During the public comment period,
the Consent Decree may be examined
and downloaded at this Justice
Department Web site: https://
www.justice.gov/enrd/consent-decrees.
We will provide a paper copy of the
Consent Decree upon written request
and payment of reproduction costs.
Please mail your request and payment
to: Consent Decree Library, U.S. DOJ–
ENRD, P.O. Box 7611, Washington, DC
20044–7611.
Please enclose a check or money order
for $13.50 (25 cents per page
reproduction cost) payable to the United
States Treasury.
Henry Friedman,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2016–18161 Filed 8–1–16; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
Parole Commission
Sunshine Act Meeting; Record of Vote
of Meeting Closure (Pub. L. 94–409) (5
U.S.C. 552b)
I, J. Patricia W. Smoot, of the United
States Parole Commission, was present
at a meeting of said Commission, which
started at approximately 11:00 p.m., on
Wednesday, July 27, 2016 at the U.S.
Parole Commission, 90 K Street NE.,
Third Floor, Washington, DC 20530.
The purpose of the meeting was to
discuss six original jurisdiction cases
pursuant to 28 CFR 2.27. Three
Commissioners were present,
constituting a quorum when the vote to
close the meeting was submitted.
Public announcement further
describing the subject matter of the
meeting and certifications of the General
Counsel that this meeting may be closed
by votes of the Commissioners present
were submitted to the Commissioners
prior to the conduct of any other
business. Upon motion duly made,
seconded, and carried, the following
Commissioners voted that the meeting
be closed: J. Patricia W. Smoot, Patricia
Cushwa and Charles T. Massarone.
E:\FR\FM\02AUN1.SGM
02AUN1
Agencies
[Federal Register Volume 81, Number 148 (Tuesday, August 2, 2016)]
[Notices]
[Page 50726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18161]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean Air
Act
On July 27, 2016, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the Eastern
District of Tennessee in the lawsuit entitled United States and Knox
County, Tennessee, Ex Rel, Lynne Liddington, Director Of Air Quality
Management For Knox County, Tennessee v. Cemex Inc., et al., Civil
Action No. 3:16-cv-471.
This case involves claims for alleged violations of the Prevention
of Significant Deterioration (``PSD'') program of the Clean Air Act
(``CAA''), CAA's Title V operating permit requirements, and related
Tennessee and Texas state law requirements at Portland cement
facilities in Knoxville, Tennessee and Odessa, Texas owned or operated
by Cemex, Inc. or related corporate entities (collectively, ``Cemex'').
The complaint seeks injunctive relief for installation of control
technology to reduce emissions of nitrogen oxides (NOX),
civil penalties, and mitigation of past excess NOX
emissions. The settlement resolves the liability at these facilities
and also resolves similar potential liability at additional Cemex
cement plants in New Braunfels, Texas, Louisville, Kentucky and
Demopolis, Alabama, and requires Cemex to install pollution control
equipment, agree to federally enforceable limits for NOX and
SO2 emissions, pay $1,690,000 in civil penalties, and
perform an environmental mitigation project.
The publication of this notice opens a period for public comment on
the Consent Decree. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, and
should refer to United States and Knox County, Tennessee, Ex Rel, Lynne
Liddington, Director Of Air Quality Management For Knox County,
Tennessee v. Cemex Inc., et al., D.J. Ref. No. 90-5-2-1-09716. All
comments must be submitted no later than thirty (30) days after the
publication date of this notice. Comments may be submitted either by
email or by mail:
------------------------------------------------------------------------
To submit comments: Send them to:
------------------------------------------------------------------------
By e-mail........................... pubcomment-ees.enrd@usdoj.gov.
By mail............................. Assistant Attorney General, U.S.
DOJ-ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
------------------------------------------------------------------------
During the public comment period, the Consent Decree may be
examined and downloaded at this Justice Department Web site: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of
the Consent Decree upon written request and payment of reproduction
costs. Please mail your request and payment to: Consent Decree Library,
U.S. DOJ-ENRD, P.O. Box 7611, Washington, DC 20044-7611.
Please enclose a check or money order for $13.50 (25 cents per page
reproduction cost) payable to the United States Treasury.
Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2016-18161 Filed 8-1-16; 8:45 am]
BILLING CODE 4410-15-P