Notice of Lodging of Proposed Consent Decree Under the System Unit Resource Protection Act, 8435 [2017-01698]
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Federal Register / Vol. 82, No. 15 / Wednesday, January 25, 2017 / Notices
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substances under the laws of the State
in which he engages in professional
practice is a fundamental condition for
obtaining and maintaining a
registration. See, e.g., James L. Hooper,
76 FR 71371 (2011), pet. for rev. denied,
481 Fed Appx. 826 (4th Cir. 2012); see
also Frederick Marsh Blanton, 43 FR
27616 (1978) (‘‘State authorization to
dispense or otherwise handle controlled
substances is a prerequisite to the
issuance and maintenance of a Federal
controlled substances registration.’’).
This rule derives from the text of two
provisions of the CSA. First, Congress
defined ‘‘the term ‘practitioner’ [to]
mean[] a . . . physician . . . or other
person licensed, registered, or otherwise
permitted, by . . . the jurisdiction in
which he practices . . . to distribute,
dispense, [or] administer . . . a
controlled substance in the course of
professional practice.’’ 21 U.S.C.
§ 802(21). Second, in setting the
requirements for obtaining a
practitioner’s registration, Congress
directed that ‘‘[t]he Attorney General
shall register practitioners . . . if the
applicant is authorized to dispense . . .
controlled substances under the laws of
the State in which he practices.’’ 21
U.S.C. § 823(f).
Because Congress has clearly
mandated that a practitioner possess
state authority in order to be deemed a
practitioner under the Act, DEA has
held repeatedly that revocation of a
practitioner’s registration is the
appropriate sanction whenever he is no
longer authorized to dispense controlled
substances under the laws of the State
in which he engages in professional
practice. See, e.g., Calvin Ramsey, 76 FR
20034, 20036 (2011); Sheran Arden
Yeates, M.D., 71 FR 39130, 39131
(2006); Dominick A. Ricci, 58 FR 51104,
51105 (1993); Bobby Watts, 53 FR
11919, 11920 (1988); Blanton, 43 FR at
27617.
Accordingly, because Registrant
currently lacks authority to dispense
controlled substances in Arkansas, the
State in which he holds his DEA
registration, I will order that his
registration be revoked.
Order
Pursuant to the authority vested in me
by 21 U.S.C. §§ 823(f) and 824(a)(3), as
well as 28 CFR 0.100(b), I order that
DEA Certificate of Registration
FL2413297 issued to Donald W.
Lamoureaux, M.D., be, and it hereby is,
revoked. I further order that any
pending application of Donald W.
Lamoureaux, M.D., to renew or modify
his registration, be, and it hereby is,
denied. This Order is effective February
24, 2017.
VerDate Sep<11>2014
20:29 Jan 24, 2017
Jkt 241001
Dated: January 17, 2017.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2017–01688 Filed 1–24–17; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the System Unit
Resource Protection Act
On January 19, 2017, the Department
of Justice lodged a proposed consent
decree with the United States District
Court for the Northern District of
California in United States v. Tomales
Bay Oyster Company, LLC, Civil Action
No. 3:17–cv–00255.
The United States filed a complaint
under the System Unit Resource
Protection Act, 54 U.S.C. 100722(a), and
California trespass law seeking damages
and response costs stemming from the
Defendant’s alleged use of a parcel of
land owned by the United States and
administered by the United States
National Park Service as part of the
Golden Gate National Recreation Area.
The United States simultaneously
lodged a consent decree which would
settle these claims in return for a
payment of $280,000. From this sum,
the Department of Justice will deposit
$267,742 in the Department of the
Interior’s Natural Resource Damage
Assessment and Restoration Fund to
pay for response and natural resource
damage assessment costs incurred by
the United States and natural resource
restoration projects related to this
incident. The Department of Justice will
deposit the remaining $12,258 in the
United States Treasury.
The publication of this notice opens
a period for public comment on the
proposed consent decree. Comments
should be addressed to the Assistant
Attorney General, Environment and
Natural Resources Division, and should
refer to United States v. Tomales Bay
Oyster Company, LLC, D.J. Ref. No. 90–
5–1–1–11544. 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 email .......
pubcomment-ees.enrd@
usdoj.gov.
Assistant Attorney General,
U.S. DOJ—ENRD, P.O.
Box 7611, Washington, DC
20044–7611.
By mail .........
PO 00000
Frm 00040
Fmt 4703
Sfmt 4703
8435
During the public comment period,
the proposed 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
proposed 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 $4.75 (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. 2017–01698 Filed 1–24–17; 8:45 am]
BILLING CODE P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the Clean Water
Act
On January 17, 2017, the Department
of Justice lodged a proposed Consent
Decree with the United States District
Court for the Eastern District of Texas in
the lawsuit entitled United States and
the State of Texas v. City of Tyler,
Texas, Civil Action No. 6:17–cv–00029.
The United States of America and the
State of Texas (collectively, ‘‘Plaintiffs’’)
filed a complaint against the City of
Tyler, Texas, (‘‘Defendant’’) alleging that
Defendant violated and continues to
violate Section 301 of the Clean Water
Act (‘‘CWA’’), 33 U.S.C. 1311, and
Section 26.121(a)(1) of the Texas Water
Code (‘‘TWC’’) by discharging raw
sewage from the City of Tyler’s
wastewater collection and treatment
systems (‘‘WCTS’’) into or adjacent to
local waterways. The complaint further
alleges that Defendant failed to comply
with the terms and conditions of its two
Texas Pollutant Discharge Elimination
System permits, issued pursuant to
Section 402 of the CWA, 33 U.S.C. 1342,
and in violation of Section 7.101 of the
TWC, due to operational failures,
Defendant’s failure to issue all necessary
reports required by its permits, and
Defendant’s failure to adequately
safeguard against discharges during
power outages. The complaint alleges
violations have been ongoing since
2005. The Plaintiffs seek injunctive
relief, pursuant to Section 309(b) of the
CWA, 33 U.S.C. 1319(b), and Section
7.032 of the TWC, and civil penalties,
pursuant to Section 309(d) of the CWA,
E:\FR\FM\25JAN1.SGM
25JAN1
]]>Agencies
[Federal Register Volume 82, Number 15 (Wednesday, January 25, 2017)]
[Notices]
[Page 8435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01698]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the System
Unit Resource Protection Act
On January 19, 2017, the Department of Justice lodged a proposed
consent decree with the United States District Court for the Northern
District of California in United States v. Tomales Bay Oyster Company,
LLC, Civil Action No. 3:17-cv-00255.
The United States filed a complaint under the System Unit Resource
Protection Act, 54 U.S.C. 100722(a), and California trespass law
seeking damages and response costs stemming from the Defendant's
alleged use of a parcel of land owned by the United States and
administered by the United States National Park Service as part of the
Golden Gate National Recreation Area. The United States simultaneously
lodged a consent decree which would settle these claims in return for a
payment of $280,000. From this sum, the Department of Justice will
deposit $267,742 in the Department of the Interior's Natural Resource
Damage Assessment and Restoration Fund to pay for response and natural
resource damage assessment costs incurred by the United States and
natural resource restoration projects related to this incident. The
Department of Justice will deposit the remaining $12,258 in the United
States Treasury.
The publication of this notice opens a period for public comment on
the proposed consent decree. Comments should be addressed to the
Assistant Attorney General, Environment and Natural Resources Division,
and should refer to United States v. Tomales Bay Oyster Company, LLC,
D.J. Ref. No. 90-5-1-1-11544. 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 email............................ 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 proposed 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 proposed 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 $4.75 (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. 2017-01698 Filed 1-24-17; 8:45 am]
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