Sulfanilic Acid From China and India, 18776-18777 [2017-08064]
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18776
Federal Register / Vol. 82, No. 76 / Friday, April 21, 2017 / Notices
expire on April 15, 2018, unless
extended. This notice gives the public
an opportunity to comment on the
application and to request a public
meeting. This notice also corrects an
error in the legal description.
DATES: Comments and public meeting
requests must be received by July 20,
2017.
Comments and meeting
requests should be sent to the BLM
Oregon/Washington State Director, P.O.
Box 2965, Portland, OR 97208–2965,
Attention: Jacob Childers, OR 936.1.
Records related to the application may
be examined by contacting Mr. Childers
at this address.
FOR FURTHER INFORMATION CONTACT:
Jacob Childers, BLM Oregon/
Washington State Office, 503–808–6225,
or Candice Polisky, USFS Pacific
Northwest Region, 503–808–2479.
Persons who use a telecommunications
device for the deaf (TDD) may call the
Federal Relay Service (FRS) at 1–800–
877–8339 to contact either of the above
individuals. The FRS is available 24
hours a day, 7 days a week. You will
receive a reply during normal business
hours.
SUPPLEMENTARY INFORMATION: The USFS
has filed an application requesting that
the Secretary of the Interior extend PLO
No. 4145 (32 FR 214 (1967)), as
modified by PLO No. 7322 (63 FR 13069
(1998)), for an additional 20-year term,
subject to valid existing rights. In order
to protect the recreational values of
West Eagle Meadow Campground, PLO
No. 4145, as modified, withdrew
National Forest System lands from
location and entry under the United
States mining laws, but not from leasing
under the mineral leasing laws.
ADDRESSES:
Willamette Meridian
sradovich on DSK3GMQ082PROD with NOTICES
Wallowa-Whitman National Forest
West Eagle Meadow Campground
T. 5 S., R. 43 E.,
PB 43
The area described contains 32 acres in
Union County.
Leslie A. Frewing,
Acting Chief, Branch of Land, Mineral, and
Energy Resources.
[FR Doc. 2017–08012 Filed 4–20–17; 8:45 am]
BILLING CODE 3411–15–P
The subject land is identical in size,
shape, and location to the legal
description in PLO No. 7322 (63 FR
13069 (1998)). The original survey,
which determined that the area was 20
acres, was incorrect. The difference in
acreage, between what is stated in PLO
No. 7322 and what is stated here stems
from the original survey’s use of
protraction blocks, which are essentially
estimates. Following the initial
withdrawal, the land was resurveyed
using more advanced technology, and
the area was determined to contain 32
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17:30 Apr 20, 2017
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acres, not 20 acres. This notice corrects
the description to read as listed above.
The USFS would not need to acquire
water rights to fulfill the purpose of the
requested withdrawal extension.
Records related to the application
may be examined by contacting Jacob
Childers at the address or phone
number listed above.
For a period until July 20, 2017, all
persons who wish to submit comments,
suggestions, or objections in connection
with the proposed withdrawal extension
may present their views in writing to
the BLM Oregon/Washington State
Office, State Director at the address
indicated above.
Comments, including names and
street addresses of respondents, will be
available for public review at the
address indicated above during regular
business hours. Be advised that your
entire comment, including your
personal identifying information, may
be made publicly available. While you
can ask us to withhold your personal
identifying information from public
review, we cannot guarantee that we
will be able to do so.
Notice is hereby given that an
opportunity for a public meeting is
afforded in connection with this
withdrawal extension application. All
interested parties who desire a public
meeting for the purpose of being heard
on the proposed withdrawal extension
application must submit a written
request to the BLM State Director at the
address indicated above by July 20,
2017. Upon determination by the
authorized officer that a public meeting
will be held, a notice of the time and
place will be published in the Federal
Register and a local newspaper at least
30 days before the scheduled date of the
meeting.
This extension will be processed in
accordance with 43 CFR 2310.4.
INTERNATIONAL TRADE
COMMISSION
[USITC SE–17–015]
Change of Time to Government in the
Sunshine Meeting
United
States International Trade Commission.
DATE: April 21, 2017.
ORIGINAL TIME: 11:00 a.m.
NEW TIME: 9:00 a.m.
AGENCY HOLDING THE MEETING:
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Room 101, 500 E Street SW.,
Washington, DC 20436, Telephone:
(202) 205–2000.
STATUS: Open to the public.
In accordance with 19 CFR
201.35(d)(2)(i), the Commission hereby
gives notice that the Commission has
determined to change the time of the
meeting of April 21, 2017, from 11:00
a.m. to 9:00 a.m.
In accordance with Commission
policy, subject matter listed above, not
disposed of at the scheduled meeting,
may be carried over to the agenda of the
following meeting. Earlier notification
of this change was not possible.
PLACE:
By order of the Commission.
Issued: April 18, 2017.
William R. Bishop,
Supervisory Hearings and Information
Officer.
[FR Doc. 2017–08152 Filed 4–19–17; 11:15 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–318 and 731–
TA–538 and 561 (Fourth Review)]
Sulfanilic Acid From China and India
Determinations
On the basis of the record 1 developed
in these subject five-year reviews, the
United States International Trade
Commission (‘‘Commission’’)
determines, pursuant to the Tariff Act of
1930 (‘‘the Act’’), that revocation of the
antidumping duty order on sulfanilic
acid from China and the antidumping
duty and countervailing duty orders on
sulfanilic acid from India would likely
lead to continuation or recurrence of
material injury to an industry in the
United States within a reasonably
foreseeable time.
Background
The Commission, pursuant to section
751(c) of the Act (19 U.S.C. 1675(c)),
instituted these reviews on September 1,
2016 (81 FR 60386) and determined on
December 5, 2016 that it would conduct
expedited reviews (81 FR 92854,
December 20, 2016).
The Commission made these
determinations pursuant to section
751(c) of the Act (19 U.S.C. 1675(c)). It
completed and filed its determinations
in these reviews on April 17, 2017. The
views of the Commission are contained
in USITC Publication 4680 (April 2017),
entitled Sulfanilic Acid From China and
1 The record is defined in sec. 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
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21APN1
Federal Register / Vol. 82, No. 76 / Friday, April 21, 2017 / Notices
India: Investigation Nos. 701–TA–318
and 731–TA–538 and 561 (Fourth
Review).
By order of the Commission.
Issued: April 17. 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–08064 Filed 4–20–17; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 17–8]
sradovich on DSK3GMQ082PROD with NOTICES
William H. Wyttenbach, M.D.; Decision
and Order
On October 4, 2016, the Assistant
Administrator, Diversion Control
Division, issued an Order to Show
Cause to William H. Wyttenbach, M.D.
(Respondent), of Fort Myers, Florida.
The Show Cause Order proposed the
revocation of Respondent’s DEA
Certificate of Registration No.
BW1311997, on the ground that he
‘‘do[es] not have authority to handle
controlled substances in the State of
Florida, the [S]tate in which [he is]
registered with the’’ Agency. Show
Cause Order, at 1 (citing 21 U.S.C.
823(f), 824(a)(3)).
As to the jurisdictional basis for the
proceeding, the Show Cause Order
alleged that Respondent is registered ‘‘as
a practitioner in [s]chedules II–V,’’
pursuant to the above registration
number, at the registered address of
16329 South Tamiami Trail, Units 5&6,
Fort Myers, Florida. Id. The Order
further alleged that Respondent’s
registration ‘‘expires by its terms on
May 31, 2018.’’ Id.
As to the substantive basis for the
proceeding, the Show Cause Order
alleged that effective June 15, 2016, the
Florida Board of Medicine ‘‘suspended
[his] authority to practice medicine,’’
and that he is ‘‘without authority to
handle controlled substances in Florida,
the [S]tate in which [he is] registered
with’’ DEA. Id. The Order thus alleged
that Respondent’s registration is subject
to revocation.1 Id. (citing 21 U.S.C.
802(21), 823(f), 824(a)(3)).
On November 3, 2016, Respondent
submitted a request for a hearing. The
matter was placed on the docket of the
Office of Administrative Law Judges and
assigned to ALJ Charles Wm. Dorman.
Thereafter, the ALJ issued an order
which directed the Government to
1 The Show Cause Order also notified Respondent
of his right to submit a corrective action plan and
the procedure for doing so. Show Cause Order, at
2–3 (citing 21 U.S.C. 824(c)(2)(C)).
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submit its evidence in support of the
allegation and any motion for summary
disposition on this ground by 2 p.m. on
November 28, 2016. See Briefing
Schedule for Lack of State Authority
Allegations, at 1. The ALJ also ordered
that if the Government filed such
motion, Respondent’s reply was due by
2 p.m. on December 12, 2016. Id.
On November 8, 2016, the
Government filed its Motion for
Summary Disposition, which asserted
that ‘‘on June 15, 2016, the State of
Florida Board of Medicine suspended
Respondent’s state medical license.’’
Mot. at 2. As support for its Motion, the
Government attached a June 15, 2015
Final Order issued by the Florida Board
of Medicine which suspended
Respondent’s Florida medical license
‘‘until such time as he personally
appears before the Board and
demonstrates that his license to practice
medicine in all jurisdictions is free from
all encumbrances.’’ Appendix C, at 4.
The Government also attached an
affidavit by a DEA Diversion
Investigator attesting to the authenticity
of the Florida Board’s Final Order, see
Appendix B, as well as a copy of
Respondent’s DEA registration. See
Appendix A.
Based on this evidence, the
Government argued that Respondent is
without authority to handle controlled
substances in Florida and therefore, he
does not meet the statutory definition of
a practitioner. Motion, at 3–4 (citing 21
U.S.C. 802(21)). Invoking cases holding
that revocation is warranted even when
a registrant’s state authority has been
summarily suspended, the Government
maintained that because possessing
authority to dispense controlled
substances under the laws of the state in
which a practitioner engages in
professional practice is a fundamental
condition for maintaining a DEA
registration and Respondent does not
possess such authority, revocation of his
registration is warranted. Id. at 4 (citing
Gary Alfred Shearer, 78 FR 19,009,
19012 (2013) (other citation omitted)).
On December 5, 2016, Respondent
filed his Response to the Government’s
Motion. Therein, Respondent stated that
he ‘‘agrees[ ] he has no authority to
practice medicine in Florida and has not
done so since June 4, 2015 and
ongoing.’’ Response, at 1. Respondent
asserted, however, that he does have an
active and unrestricted medical license
in Wyoming. Id. He further asserted that
the suspension of his Florida license
was illegal, that the Florida Board had
violated his Due Process rights, and that
he is suing the Florida Board as well as
the medical boards of Tennessee,
Colorado, Kentucky, and Washington,
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18777
and a DEA Agent for civil rights
violations in federal district court in
Fort Myers, Florida. Id. at 2. He also
asserted that this proceeding violates his
‘‘constitutional right of due process to
appeal a non final order’’ and that ‘‘no
alleged final order exists until ALL final
appeals are exhausted.’’ Id. at 2–3.
On review, the ALJ noted that under
the CSA, ‘‘a practitioner must be
currently authorized to handle
controlled substances in the jurisdiction
in which [he] is registered’’ in order to
maintain his registration. R.D. at 3
(citing 21 U.S.C. 802(21), 823(f)). The
ALJ also noted that under agency
precedent, revocation is warranted
‘‘where the practitioner lacks state
authority, even if the practitioner has
not had the opportunity to contest the
charges’’ brought by the state board, ‘‘or
if there is a possibility that the
Respondent’s state license will be
reinstated in the future.’’ Id. (citing
Richard H. Ng., 77 FR 29694, 29695
(2012); other citations omitted). Finding
that there was no dispute over the
material fact that ‘‘Respondent lacks
state authorization to handle controlled
substances in Florida, where [he] is
registered,’’ the ALJ concluded that
Respondent is not entitled to maintain
his registration and granted the
Government’s motion, with the
recommendation that I revoke his
registration. Id. at 4.
On January 12, 2017, after the
expiration of the time period for filing
exceptions, the ALJ forwarded the
record to my Office for final agency
action. More than two months later,
Respondent submitted a pleading titled
as: ‘‘Motion To Reconsider And/Or
Motion for Telephonic Hearing, And/Or
Motion To Dismiss Administrative
Revocation.’’
I decline to consider Respondents’
motions. To the extent Respondent
seeks reconsideration, his motion is not
ripe,2 and even if it were ripe, it would
fail. First, his motion presents no newly
discovered evidence. See ICC v.
Brotherhood of Locomotive Engineers,
482 U.S. 270, 278 (1987). Second, he
does not point to any ‘‘changed
circumstance’’ that would render my
adoption of the ALJ’s factual findings,
legal conclusions and recommended
order inappropriate. Id. As for all three
motions, they simply raise legal
arguments which could have, and
should have, been raised in a brief of
exceptions to the ALJ’s recommended
decision. Respondent did not, however,
2 The ALJ’s recommended decision is not a final
order of the Agency, and thus a motion for
reconsideration is not ripe until the Agency issues
its Decision and Order.
E:\FR\FM\21APN1.SGM
21APN1
Agencies
[Federal Register Volume 82, Number 76 (Friday, April 21, 2017)]
[Notices]
[Pages 18776-18777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08064]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-318 and 731-TA-538 and 561 (Fourth Review)]
Sulfanilic Acid From China and India
Determinations
On the basis of the record \1\ developed in these subject five-year
reviews, the United States International Trade Commission
(``Commission'') determines, pursuant to the Tariff Act of 1930 (``the
Act''), that revocation of the antidumping duty order on sulfanilic
acid from China and the antidumping duty and countervailing duty orders
on sulfanilic acid from India would likely lead to continuation or
recurrence of material injury to an industry in the United States
within a reasonably foreseeable time.
---------------------------------------------------------------------------
\1\ The record is defined in sec. 207.2(f) of the Commission's
Rules of Practice and Procedure (19 CFR 207.2(f)).
---------------------------------------------------------------------------
Background
The Commission, pursuant to section 751(c) of the Act (19 U.S.C.
1675(c)), instituted these reviews on September 1, 2016 (81 FR 60386)
and determined on December 5, 2016 that it would conduct expedited
reviews (81 FR 92854, December 20, 2016).
The Commission made these determinations pursuant to section 751(c)
of the Act (19 U.S.C. 1675(c)). It completed and filed its
determinations in these reviews on April 17, 2017. The views of the
Commission are contained in USITC Publication 4680 (April 2017),
entitled Sulfanilic Acid From China and
[[Page 18777]]
India: Investigation Nos. 701-TA-318 and 731-TA-538 and 561 (Fourth
Review).
By order of the Commission.
Issued: April 17. 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-08064 Filed 4-20-17; 8:45 am]
BILLING CODE 7020-02-P