Notice of Lodging of Proposed Consent Decree Under the Oil Pollution Act, 26518-26519 [2017-11783]
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Federal Register / Vol. 82, No. 108 / Wednesday, June 7, 2017 / Notices
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does not expire until October 31, 2018.
Id.
Discussion
Pursuant to 21 U.S.C. 824(a)(3), the
Attorney General is authorized to
suspend or revoke a registration issued
under section 823 of the CSA, ‘‘upon a
finding that the registrant . . . has had
his State license . . . suspended [or]
revoked . . . by competent State
authority and is no longer authorized by
State law to engage in the . . .
dispensing of controlled substances.’’
Also, DEA has long 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); 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).
Moreover, because ‘‘the controlling
question’’ in a proceeding brought
under 21 U.S.C. 824(a)(3) is whether the
holder of a DEA registration ‘‘is
currently authorized to handle
controlled substances in the [S]tate,’’
Hooper, 76 FR at 71371 (quoting Anne
Lazar Thorn, 62 FR 12847, 12848
(1997)), the Agency has also long held
that revocation is warranted even where
a practitioner has lost his state authority
by virtue of the State’s use of summary
process and the State has yet to provide
a hearing to challenge the suspension.
Bourne Pharmacy, 72 FR 18273, 18274
(2007); Wingfield Drugs, 52 FR 27070,
27071 (1987). Thus, it is of no
consequence that the IDFPR has
indefinitely suspended Respondent’s
state license and that Respondent may
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prevail on his appeal to Illinois Cook
County Circuit Court.3 What is
dispositive is the fact that Respondent is
not currently authorized to dispense
controlled substances in the State in
which he is registered.
Here, there is no dispute over the
material fact that Respondent is no
longer currently authorized to dispense
controlled substances in Illinois, the
State in which he is registered.
Accordingly, he is not entitled to
maintain his registration. I will therefore
adopt the CALJ’s recommendation that
I revoke Respondent’s registration and
deny any pending applications to renew
or modify his registration. R.D. at 7.
Order
Pursuant to the authority vested in me
by 21 U.S.C. 824(a)(3) and 28 CFR
0.100(b), I order that DEA Certificate of
Registration No. FN5571864 be, and it
hereby is, revoked. Pursuant to the
authority vested in me by 21 U.S.C.
823(f), I order that any applications to
renew or modify the above registration
be, and they hereby are, denied. This
Order is effective immediately.4
Dated: May 30, 2017.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2017–11797 Filed 6–6–17; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the Oil
Pollution Act
On June 1, 2017, the Department of
Justice lodged a proposed Consent
Decree (‘‘Consent Decree’’) with the
United States District Court for the
District of Puerto Rico in the lawsuit
entitled United States and
Commonwealth of Puerto Rico v. Port
3 Similarly, and contrary to Respondent’s claim,
Due Process does not require the CALJ to delay
summary disposition of the case until his motion
to stay pending before the Illinois Circuit Court had
been decided. Resp. Reply at 3–4. Rather, Due
Process required the CALJ to provide Respondent
the opportunity to respond to the Order to Show
Cause and the Government’s Request for Summary
Disposition. The CALJ did provide Respondent
such an opportunity, and the Respondent did so
respond. Respondent provided no authority for the
notion that the CALJ violated Respondent’s right to
Due Process by, in fact, providing Respondent an
‘‘opportunity to be heard’’ instead of delaying such
opportunity. Respondent’s claim that the CALJ
should have delayed his recommended decision is
particularly unavailing where, as here, there are no
controlling facts in dispute.
4 For the same reasons which led the IDFPR to
order the indefinite suspension of Respondent’s
medical license, I conclude that the public interest
necessitates that this Order be effective
immediately. 21 CFR 1316.67.
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Stewart GmbH&Co. Kg of Germany,
Civil Action No. 3:17–cv–01742.
In a Complaint, the United States, on
behalf of the Department of Commerce,
National Oceanic and Atmospheric
Association (‘‘NOAA’’), and the
Commonwealth of Puerto Rico, on
behalf of the Puerto Rico Department of
Natural and Environmental Resources
(‘‘DNER’’), seek to recover damages for
the injury to, destruction of, loss of, or
loss of use of natural resources under
the Oil Pollution Act, 33 U.S.C. 2701, et
seq. The Complaint alleges that on
October 27, 2009, Port Stewart
GmbH&Co. Kg of Germany (the
‘‘Defendant’’), caused damage to a coral
reef habitat on the southeast side of
Puerto Rico near the entrance to
Yabucoa Channel in the Caribbean Sea
due to the grounding of the T/V Port
Stewart, an oil tanker that it owned and
operated. The proposed Consent Decree
in this case requires that Defendant pay
a total of $550,000 for the damage,
which includes $412,000 to restore
injured coral reefs in the area, and
$128,000 in reimbursement of NOAA
costs and $10,000 in reimbursement of
DNER costs in assessing the damage.
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 and
Commonwealth of Puerto Rico v. Port
Stewart GmbH&Co. Kg of Germany, D.J.
Ref. No. 90–5–1–1–11557. 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 .........
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 $5.50 (25 cents per page
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07JNN1
Federal Register / Vol. 82, No. 108 / Wednesday, June 7, 2017 / Notices
reproduction cost), payable to the
United States Treasury.
Robert E. Maher, Jr.,
Assistant Chief, Environmental Enforcement
Section, Environment & Natural Resources
Division.
[FR Doc. 2017–11783 Filed 6–6–17; 8:45 am]
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and testing technologies for mobility
devices to perform in these different
environments, and it will provide
valuable experiences that engage
students in the technologies and
concepts that will be needed in future
exploration missions. NASA collects the
minimum information necessary from
teams, participants, and volunteers to
plan and conduct the event.
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
II. Method of Collection
Electronic.
[17–033]
III. Data
Title: NASA Human Exploration
Rover Challenge.
OMB Number: 2700–0157.
Type of Review: Extension, with
change, of a currently approved
information collection.
Affected Public: Individuals.
Estimated Number of Respondents:
960.
Estimated Total Annual Burden
Hours: 78.
Estimated Total Annual Cost:
$7,425.00.
Notice of Information Collection
National Aeronautics and
Space Administration (NASA).
ACTION: Notice of information collection
renewal, with change.
AGENCY:
The National Aeronautics and
Space Administration, as part of its
continuing effort to reduce paperwork
and respondent burden, invites the
general public and other Federal
agencies to take this opportunity to
comment on proposed and/or
continuing information collections, as
required by the Paperwork Reduction
Act of 1995.
DATES: All comments should be
submitted within 30 calendar days from
the date of this publication.
ADDRESSES: Interested persons are
invited to submit written comments
regarding the proposed information
collection to the Office of Information
and Regulatory Affairs, Office of
Management and Budget, 725 7th Street
NW., Washington, DC 20543. Attention:
Desk Officer for NASA.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument(s) and instructions should
be directed to Frances Teel, NASA PRA
Officer, NASA Headquarters, 300 E
Street SW., JF0000, Washington, DC
20546, (202) 358–2225.
SUPPLEMENTARY INFORMATION:
SUMMARY:
sradovich on DSK3GMQ082PROD with NOTICES
I. Abstract
The National Aeronautics and Space
Administration seeks to collect
information from members of the public
to plan, conduct, and register
participants and volunteers for the
NASA Human Exploration Rover
Challenge, which supports science,
technology, engineering, or mathematics
(STEM) education. This engineering
design challenge focuses on NASA’s
current plans to explore planets, moons,
asteroids, and comets—all members of
the solar system family. The challenge
will focus on designing, constructing
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IV. Request for Comments
Comments are invited on: (1) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of NASA, including
whether the information collected has
practical utility; (2) the accuracy of
NASA’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (3)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (4) ways to minimize the
burden of the collection of information
on respondents, including automated
collection techniques or the use of other
forms of information technology.
Comments submitted in response to
this notice will be summarized and
included in the request for OMB
approval of this information collection.
They will also become a matter of
public record.
Frances Teel,
NASA PRA Clearance Officer.
[FR Doc. 2017–11775 Filed 6–6–17; 8:45 am]
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NUCLEAR REGULATORY
COMMISSION
Advisory Committee on Reactor
Safeguards (ACRS); Meeting of the
ACRS Subcommittee on Northwest
Medical Isotopes; Notice of Meeting
The ACRS Subcommittee on
Northwest Medical Isotopes (NWMI)
will hold a meeting on June 19, 2017,
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26519
at 11545 Rockville Pike, Room T–2B1,
Rockville, Maryland 20852.
The meeting will be open to public
attendance with the exception of
portions that may be closed to protect
information that is proprietary pursuant
to 5 U.S.C. 552b(c)(4). The agenda for
the subject meeting shall be as follows:
Monday, June 19, 2017—8:30 a.m. Until
5:15 p.m.
The Subcommittee will review and
comment on Chapters 1, 2, 4, and 5 of
the NWMI Construction Permit
Application Preliminary Safety Analysis
Report for a Radioisotope Production
Facility, and the associated NRC Safety
Evaluation Reports.
The Subcommittee will hear
presentations by and hold discussions
with the NRC staff and other 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), Kathy Weaver
(Telephone 301–415–6236 or Email:
Kathy.Weaver@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 17, 2016, (81 FR 71543).
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
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,
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Agencies
[Federal Register Volume 82, Number 108 (Wednesday, June 7, 2017)]
[Notices]
[Pages 26518-26519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11783]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Oil
Pollution Act
On June 1, 2017, the Department of Justice lodged a proposed
Consent Decree (``Consent Decree'') with the United States District
Court for the District of Puerto Rico in the lawsuit entitled United
States and Commonwealth of Puerto Rico v. Port Stewart GmbH&Co. Kg of
Germany, Civil Action No. 3:17-cv-01742.
In a Complaint, the United States, on behalf of the Department of
Commerce, National Oceanic and Atmospheric Association (``NOAA''), and
the Commonwealth of Puerto Rico, on behalf of the Puerto Rico
Department of Natural and Environmental Resources (``DNER''), seek to
recover damages for the injury to, destruction of, loss of, or loss of
use of natural resources under the Oil Pollution Act, 33 U.S.C. 2701,
et seq. The Complaint alleges that on October 27, 2009, Port Stewart
GmbH&Co. Kg of Germany (the ``Defendant''), caused damage to a coral
reef habitat on the southeast side of Puerto Rico near the entrance to
Yabucoa Channel in the Caribbean Sea due to the grounding of the T/V
Port Stewart, an oil tanker that it owned and operated. The proposed
Consent Decree in this case requires that Defendant pay a total of
$550,000 for the damage, which includes $412,000 to restore injured
coral reefs in the area, and $128,000 in reimbursement of NOAA costs
and $10,000 in reimbursement of DNER costs in assessing the damage.
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 and Commonwealth of Puerto Rico v.
Port Stewart GmbH&Co. Kg of Germany, D.J. Ref. No. 90-5-1-1-11557. 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 $5.50 (25 cents per page
[[Page 26519]]
reproduction cost), payable to the United States Treasury.
Robert E. Maher, Jr.,
Assistant Chief, Environmental Enforcement Section, Environment &
Natural Resources Division.
[FR Doc. 2017-11783 Filed 6-6-17; 8:45 am]
BILLING CODE 4410-15-P