Notice of Lodging Proposed Consent Decree, 39618-39619 [2017-17634]
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Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Notices
Lazaro Guerra, 68 FR 15226, 15227
(2003) (‘‘mandatory exclusion from
participation in the Medicare program
pursuant to 42 U.S.C. 1320a–7(a) . . . is
an independent ground for revoking a
DEA registration’’ (citing 21 U.S.C.
824(a)(5)). See also Richard B. Lynch,
Jr., 50 FR 7844, 7845 (1985) (Agency
made findings under section 824(a) (1),
824(a)(2), and 824(a)(3); ‘‘The
Administrator concludes that there are
three independent statutory grounds for
denial of the subject application.’’).
The Agency’s interpretation is
buttressed by the CSA’s legislative
history. As originally enacted, the CSA
granted the Attorney General authority
to suspend or revoke a registration:
upon a finding that the registrant—
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(1) has materially falsified any application
filed pursuant to or required by this title [the
CSA] or title III [the Controlled Substance
Import Export Act (CSIEA), 21 U.S.C. 951–
971];
(2) has been convicted of a felony under
[the CSA or CSIEA] or any other law of the
United States, or of any State, relating to any
substance defined in this title as a controlled
substance; or
(3) has had his state license or registration
suspended, revoked, or denied by competent
state authority and is no longer authorized by
State law to engage in the . . . dispensing of
controlled substances.
Pub. L. 91–513, § 304, 84 Stat. 1255
(codified at 21 U.S.C. 824(a)).7
Describing this provision, the House
Report explained that ‘‘[s]ubsection (a)
of this section empowers the Attorney
General to revoke or suspend any
registration issued under this title if it
is found that the holder has falsified his
application, lost his State license, or has
been convicted of a felony violation
relating to any controlled substance.’’ H.
Rep. No. 91–1444 (1970), as reprinted in
1970 U.S.C.C.A.N. 4566, 4608–09.
Absent from this statement is any
discussion that in determining the
sanction, the Attorney General was
required to consider not only whether a
registrant had lost his state authority,
but also whether he had also materially
falsified his application or had been
convicted of a felony related to a
controlled substance.
Moreover, while in 1984, Congress
amended the CSA by granting the
Attorney General authority to deny an
application for a practitioner’s
registration and to revoke an existing
registration on public interest grounds,
it did so to increase the Agency’s
7 Cf. Reiter v. Sonotone Corp., 442 U.S.C. 330, 339
(1979) (‘‘Canons of construction ordinarily suggest
that terms connected by a disjunctive be given
separate meanings, unless the context dictates
otherwise[.]) (citing FCC v. Pacifica Foundation,
438 U.S. 726, 739–40 (1978)).
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authority to respond to the ‘‘[i]mproper
diversion of controlled substances by
practitioners,’’ which Congress
explained ‘‘is one of the most serious
aspects of the drug abuse problem.’’ H.
Rep. No. 98–1030, at 266 (1984), as
reprinted in 1984 U.S.C.C.A.N. 3182,
3448. The House Report explained that
‘‘effective Federal actions against
practitioners has been severely inhibited
by the limited authority in current law
to deny or revoke practitioner
registrations’’ and that ‘‘the current
limited grounds for revoking or denying
a practitioner’s registration have been
cited as contributing to the problem of
diversion of dangerous drugs.’’ Id.
Finding that ‘‘the overly limited bases in
current law for denial or revocation of
a practitioner’s registration do not
operate in the public interest,’’ Congress
amended section 823(f) ‘‘to expand the
authority of the Attorney General to
deny a practitioner’s registration
application’’ based upon a finding ‘‘that
registration would be ‘inconsistent with
the public interest.’’’ Id. (emphasis
added).
While Congress also amended section
‘‘824(a) to add to the current bases for
denial, revocation, or suspension of
registration a finding that registration
would be inconsistent with the public
interest on the grounds specified in
[section] 823, which will include
consideration of the new factors added
by’’ the amendment, id. at 266–67,
Congress did not otherwise alter the text
of section 824(a), which makes clear
that the various paragraphs of this
provision are findings, each of which
provides an independent and adequate
ground to support agency action against
a registration, and not discretionary
factors to be considered by the Agency.
Indeed, Respondent points to nothing in
the language of section 824 or the CSA’s
legislative history to support his
position, which would fundamentally
alter the scope of the Agency’s authority
under section 824.
Nor is there any merit to Respondent’s
contention that denying him ‘‘the
opportunity to present other evidence
supporting [his] continued registration’’
denies him due process. Exceptions, at
6. As explained above, in a proceeding
brought against a practitioner under
section 824(a)(3), the only fact that is
material is whether the practitioner is
currently authorized to dispense
controlled substances under laws of the
state in which he practices and is
registered. Because ‘‘other evidence
supporting [his] continued registration’’
is not material to the outcome of this
proceeding, and Respondent was
provided with the opportunity to put
forward evidence disputing the only
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material fact at issue, I reject his
contention that the use of summary
disposition denied him due process. See
Rezik A. Saqer, 81 FR 22122, 22124
(2016) (citing cases).
I therefore reject each of Respondent’s
Exceptions. Based on the ALJ’s finding
that Respondent is not currently
authorized to dispense controlled
substances in Louisiana, the State in
which he holds the DEA registration at
issue in this proceeding and seeks an
additional registration, I will adopt the
ALJ’s recommended order that I revoke
his registration and deny his
application.
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 No. BF4179203 issued to
Arnold E. Feldman, M.D., as well as
DATA Identification No. XF4179203,
be, and they hereby are, revoked. I
further order that the Application of
Arnold E. Feldman, M.D., for a
registration as a Hospital/Clinic, as well
any application to renew the above the
registration or for any other registration
in the State of Louisiana, be, and it
hereby is, denied. This ORDER is
effective immediately.8
Dated: August 14, 2017.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2017–17640 Filed 8–18–17; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Notice of Lodging Proposed Consent
Decree
In accordance with Departmental
Policy, 28 CFR 50.7, notice is hereby
given that a proposed Consent Decree in
United States v. Duarte Nursery, Inc.
and John Duarte, Civil Action Number
2:13–cv–02095–KJM–DB, was lodged
with the United States District Court for
the Eastern District of California,
Sacramento District, on August 15,
2017.
This proposed Consent Decree
concerns an answer and counterclaim
filed by the United States on May 7,
2014, against Duarte Nursery, Inc. and
8 Based on the Board’s findings with respect to
the sixth charge of the Administrative Complaint,
which found that he violated state law by
prescribing, dispensing, or administering legally
controlled substances or any dependency-inducing
medication without legitimate medical justification
thereof or in other than a legal or legitimate
manner,’’ I find that the public interest necessitates
that this Order be effective immediately. Mot. for
Summ. Disp., Appendix C, at 13, 15; see also 21
CFR 1316.67.
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Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Notices
John Duarte, pursuant to Sections 301(a)
and 309(d) of the Clean Water Act, 33
U.S.C. 1311(a) and 1319(d), to obtain
injunctive relief from and impose civil
penalties against the CounterclaimDefendants for violating the Clean Water
Act by discharging pollutants without a
permit into waters of the United States.
The proposed Consent Decree resolves
these allegations by requiring the
Counterclaim-Defendants to restore the
impacted areas and/or perform
mitigation and to pay a civil penalty.
The Department of Justice will accept
written comments relating to this
proposed Consent Decree for thirty (30)
days from the date of publication of this
Notice. Please address comments to
Andrew Doyle, Senior Attorney, United
States Department of Justice,
Environment and Natural Resources
Division, Environmental Defense
Section, Post Office Box 7611,
Washington, DC 20044, and refer to
United States v. Duarte Nursery, Inc.
and John Duarte, DJ # 90–5–1–4–19984.
The proposed Consent Decree may be
examined at the Clerk’s Office, United
States District Court for the Eastern
District of California, Sacramento
District, 501 I Street, Room 4–200,
Sacramento, CA 95814. In addition, the
proposed Consent Decree may be
examined electronically at https://
www.justice.gov/enrd/consent-decrees.
Cherie L. Rogers,
Assistant Section Chief, Environmental
Defense Section, Environment and Natural
Resources Division.
[FR Doc. 2017–17634 Filed 8–18–17; 8:45 am]
BILLING CODE 4410–15–P
OFFICE OF MANAGEMENT AND
BUDGET
OMB Sequestration Update Report to
the President and Congress for Fiscal
Year 2018
Executive Office of the
President, Office of Management and
Budget.
ACTION: Notice of availability of the
OMB Sequestration Update Report to
the President and Congress for FY 2018.
AGENCY:
OMB is issuing the OMB
Sequestration Update Report to the
President and Congress for Fiscal Year
2018 to report on the status of the
discretionary caps and on the
compliance of pending discretionary
appropriations legislation with those
caps. For fiscal year 2017, the report
finds enacted appropriations to be
within the spending limits. For fiscal
year 2018, the report finds that, if the
current limits remain unchanged, under
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SUMMARY:
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OMB’s estimates of actions to date by
the House of Representatives for the 12
annual appropriations bills would result
in a sequestration of approximately
$72.4 billion in defense programs. The
report also finds that actions or funding
guidance by the Senate would result in
a sequestration of approximately $2.0
billion in defense programs and $3.8
billion for non-defense programs.
Finally, the report also contains OMB’s
Preview Estimate of the Disaster Relief
Funding Adjustment for FY 2018.
DATES: Date: August 20, 2017. Section
254 of the Balanced Budget and
Emergency Deficit Control Act of 1985
requires the Office of Management and
Budget (OMB) to issue a Sequestration
Update Report on August 20th of each
year. With regard to this update report
and to each of the three required
sequestration reports, section 254(b)
specifically states the following:
SUBMISSION AND AVAILABILITY OF
REPORTS.—Each report required by this
section shall be submitted, in the case of
CBO, to the House of Representatives, the
Senate and OMB and, in the case of OMB,
to the House of Representatives, the Senate,
and the President on the day it is issued. On
the following day a notice of the report shall
be printed in the Federal Register.
The OMB Sequestration
Reports to the President and Congress is
available on-line on the OMB home
page at: https://www.whitehouse.gov/
omb/public-releases/omb-reports.
FOR FURTHER INFORMATION CONTACT:
Thomas Tobasko, 6202 New Executive
Office Building, Washington, DC 20503,
Email address: ttobasko@omb.eop.gov,
telephone number: (202) 395–5745, FAX
number: (202) 395–4768. Because of
delays in the receipt of regular mail
related to security screening,
respondents are encouraged to use
electronic communications.
ADDRESSES:
Mick Mulvaney,
Director.
[FR Doc. 2017–17595 Filed 8–18–17; 8:45 am]
BILLING CODE P
NATIONAL FOUNDATION ON THE
ARTS AND THE HUMANITIES
Meetings of Humanities Panel
National Endowment for the
Humanities.
ACTION: Notice of meetings.
AGENCY:
The National Endowment for
the Humanities will hold nine meetings
of the Humanities Panel, a Federal
advisory committee, during September,
2017. The purpose of the meetings is for
panel review, discussion, evaluation,
SUMMARY:
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39619
and recommendation of applications for
financial assistance under the National
Foundation on the Arts and Humanities
Act of 1965.
DATES: See SUPPLEMENTARY INFORMATION
section for meeting dates. The meetings
will open at 8:30 a.m. and will adjourn
by 5:00 p.m. on the dates specified
below.
The meetings will be held at
Constitution Center at 400 7th Street
SW., Washington, DC 20506, unless
otherwise indicated.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Voyatzis, Committee
Management Officer, 400 7th Street
SW., Room, 4060, Washington, DC
20506; (202) 606–8322; evoyatzis@
neh.gov.
ADDRESSES:
Pursuant
to section 10(a)(2) of the Federal
Advisory Committee Act (5 U.S.C.
App.), notice is hereby given of the
following meetings:
1. Date: September 5, 2017
This meeting will discuss
applications for the Humanities
Initiatives at Historically Black
Colleges and Universities grant
program, submitted to the Division
of Education Programs.
2. Date: September 6, 2017
This meeting will discuss
applications for the Humanities
Initiatives at Hispanic-Serving
Institutions grant program,
submitted to the Division of
Education Programs.
3. Date: September 6, 2017
This meeting will discuss
applications on the subjects of Art
and Culture for Digital Projects for
the Public: Production Grants,
submitted to the Division of Public
Programs.
4. Date: September 7, 2017
This meeting will discuss
applications on the subject of U.S.
History for Digital Projects for the
Public: Production Grants,
submitted to the Division of Public
Programs.
5. Date: September 7, 2017
This meeting will discuss
applications for the Humanities
Initiatives at Hispanic-Serving
Institutions grant program,
submitted to the Division of
Education Programs.
6. Date: September 8, 2017
This meeting will discuss
applications for the Humanities
Initiatives at Hispanic-Serving
Institutions grant program,
submitted to the Division of
Education Programs.
7. Date: September 11, 2017
SUPPLEMENTARY INFORMATION:
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Agencies
[Federal Register Volume 82, Number 160 (Monday, August 21, 2017)]
[Notices]
[Pages 39618-39619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17634]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging Proposed Consent Decree
In accordance with Departmental Policy, 28 CFR 50.7, notice is
hereby given that a proposed Consent Decree in United States v. Duarte
Nursery, Inc. and John Duarte, Civil Action Number 2:13-cv-02095-KJM-
DB, was lodged with the United States District Court for the Eastern
District of California, Sacramento District, on August 15, 2017.
This proposed Consent Decree concerns an answer and counterclaim
filed by the United States on May 7, 2014, against Duarte Nursery, Inc.
and
[[Page 39619]]
John Duarte, pursuant to Sections 301(a) and 309(d) of the Clean Water
Act, 33 U.S.C. 1311(a) and 1319(d), to obtain injunctive relief from
and impose civil penalties against the Counterclaim-Defendants for
violating the Clean Water Act by discharging pollutants without a
permit into waters of the United States. The proposed Consent Decree
resolves these allegations by requiring the Counterclaim-Defendants to
restore the impacted areas and/or perform mitigation and to pay a civil
penalty.
The Department of Justice will accept written comments relating to
this proposed Consent Decree for thirty (30) days from the date of
publication of this Notice. Please address comments to Andrew Doyle,
Senior Attorney, United States Department of Justice, Environment and
Natural Resources Division, Environmental Defense Section, Post Office
Box 7611, Washington, DC 20044, and refer to United States v. Duarte
Nursery, Inc. and John Duarte, DJ # 90-5-1-4-19984.
The proposed Consent Decree may be examined at the Clerk's Office,
United States District Court for the Eastern District of California,
Sacramento District, 501 I Street, Room 4-200, Sacramento, CA 95814. In
addition, the proposed Consent Decree may be examined electronically at
https://www.justice.gov/enrd/consent-decrees.
Cherie L. Rogers,
Assistant Section Chief, Environmental Defense Section, Environment and
Natural Resources Division.
[FR Doc. 2017-17634 Filed 8-18-17; 8:45 am]
BILLING CODE 4410-15-P