Keith F. Ostrosky, D.D.S.; Dismissal of Proceeding, 12406-12407 [2018-05746]

Download as PDF sradovich on DSK3GMQ082PROD with NOTICES 12406 Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Notices this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted Investigation No. 337–TA–990 on March 18, 2016, based on a complaint filed by Immersion Corporation of San Jose, California (‘‘Immersion’’). 81 FR 14889 (Mar. 18, 2016). The complaint alleged violations of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain mobile electronic devices incorporating haptics (including smartphones and smartwatches) and components thereof, by reason of infringement of certain claims of U.S. Patent Nos.: 8,773,356; 8,619,051; and 8,659,571. The notice of investigation named as respondents Apple Inc. of Cupertino, California (‘‘Apple’’); AT&T Inc. of Dallas, Texas (‘‘AT&T Inc’’); and AT&T Mobility LLC of Atlanta, Georgia (‘‘AT&T Mobility’’). The Office of Unfair Import Investigations was also named as a party. On May 4, 2016, the Commission issued a notice determining not to review the ALJ’s ID terminating the investigation as to respondent AT&T Inc. based upon withdrawal of the complaint. The Commission instituted Investigation No. 337–TA–1004 on June 9, 2016, based upon another complaint filed by Immersion, alleging a violation of section 337 by Apple and AT&T Mobility by reason of the infringement of certain claims of U.S. Patent Nos.: 8,749,507; 7,808,488; 7,336,260; and 8,581,710. 81 FR 37210 (June 9, 2016). The notice of investigation authorized the Chief Administrative Law Judge to consolidate Investigation Nos. 337–TA– 990 and 337–TA–1004 if he deemed it appropriate. Id. at 37211. Thereafter, the Chief Administrative Law Judge determined to consolidate the two investigations. Order No. 3, Inv. No. 337–TA–1004 (June 9, 2016). On February 9, 2018, the parties filed a joint motion to terminate the investigation based on a settlement agreement reached between Immersion and Apple that resolves the dispute in this investigation. On February 16, 2018, the ALJ issued the subject ID (Order No. 75), granting the motion. The ALJ found that the motion complies with Commission Rules and termination of the investigation will not adversely affect the public interest. No petition for review was filed. The Commission has determined not to review the subject ID. The authority for the Commission’s determination is contained in section VerDate Sep<11>2014 18:34 Mar 20, 2018 Jkt 244001 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in Part 210 of the Commission’s Rules of Practice and Procedure, 19 CFR part 210. By order of the Commission. Issued: March 15, 2018. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2018–05637 Filed 3–20–18; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1104 (Second Review)] Certain Polyester Staple Fiber From China Determination On the basis of the record 1 developed in the subject five-year review, 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 certain polyester staple fiber from China would be likely to 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 this review on September 1, 2017 (82 FR 41654) and determined on December 5, 2017 that it would conduct an expedited review (83 FR 394, January 3, 2018). The Commission made this determination pursuant to section 751(c) of the Act (19 U.S.C. 1675(c)). It completed and filed its determination in this review on March 15, 2018. The views of the Commission are contained in USITC Publication 4767 (March 2018), entitled Certain Polyester Staple Fiber from China: Investigation No. 731– TA–1104 (Second Review). By order of the Commission. Issued: March 15, 2018. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2018–05695 Filed 3–20–18; 8:45 am] BILLING CODE 7020–02–P 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 DEPARTMENT OF JUSTICE Drug Enforcement Administration Keith F. Ostrosky, D.D.S.; Dismissal of Proceeding On August 30, 2017, the Acting Assistant Administrator, Diversion Control Division, Drug Enforcement Administration, issued an Order to Show Cause to Keith F. Ostrosky, D.D.S., of South St. Paul, Minnesota (hereinafter, Registrant).1 GX 2. The Show Cause Order proposed the revocation of Registrant’s Certificate of Registration on the ground that he does not ‘‘have . . . state authority to handle controlled substances.’’ Id. at 1. As to the jurisdictional basis of the proceeding, the Show Cause Order alleged that Registrant is registered as a practitioner in schedules II through V under Certificate of Registration No. BO1259983, at the registered location of 351 15th Ave. N., South St. Paul, Minnesota. The Order further alleged that this Registration was due to expire on December 31, 2017. Id. As to the substantive basis for the proceeding, the Show Cause Order alleged that ‘‘[o]n February 3, 2017, the Minnesota Board of Dentistry issued a Stipulation and Order,’’ pursuant to which the Board accepted Registrant’s voluntary surrender of his license to practice dentistry in the State of Minnesota. Id. The Show Cause Order thus alleged that Registrant is ‘‘currently without authority to practice dentistry or handle controlled substances in the State of Minnesota, the [S]tate in which [he is] registered with the DEA,’’ and that as a consequence, his registration is subject to revocation. Id. at 1–2. The Show Cause Order notified Registrant of his right to request a hearing on the allegations or to submit a written statement of position while waiving his right to a hearing, the procedure for electing either option, and the consequence of failing to elect either option. Id. at 2. The Show Cause Order also notified Registrant of his right to submit a Corrective Action Plan pursuant to 21 U.S.C. § 824(c)(2)(C). Id. at 2–3. On September 9, 2017, the Government accomplished service of the Show Cause Order by certified mail, as evidenced by the signed Return Receipt Card. GX 4. On November 7, 2017, the Government submitted a Request for Final Agency Action (RFAA). Therein, the Government represents that Registrant did not 1 While for reasons explained in this Decision, Registrant is now an Ex-Registrant, I refer to him as Registrant throughout this Decision. E:\FR\FM\21MRN1.SGM 21MRN1 12407 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Notices request a hearing and ‘‘has not otherwise corresponded or communicated with [the Agency] regarding the Order . . . including the filing of any written statement in lieu of a hearing.’’ RFAA, at 1–2. Based on the Government’s representation I find that more than 30 days have now passed since Registrant was served with the Show Cause Order and that he has not requested a hearing or filed a written statement of position; I further find that Registrant has not filed a Corrective Action Plan. Accordingly, I find that Registrant has waived his right to a hearing or to submit a written statement while waiving his right to a hearing; I also find that Registrant has waived his right to submit a Corrective Action Plan. 21 CFR 1301.43(d). In the RFAA, the Government seeks a final order revoking Registrant’s registration. As support for the proposed sanction, the Government’s evidence includes a copy of the Stipulation and Order issued by the Minnesota Board on February 3, 2017, pursuant to which it accepted Registrant’s voluntary surrender of his dental license. GX 3. The Government also submitted a Certification of Registration History, which was sworn to on October 30, 2017. GX 1. Therein, the Associate Chief of the Registration and Program Support Section states that Registration No. BO1259983 ‘‘expires on December 31, 2017,’’ and that ‘‘Keith F. Ostrosky, D.D.S., has no other pending or valid DEA registration(s) in Minnesota.’’ Id. at 1–2. Pursuant to 5 U.S.C. § 556(e), I take official notice of Registrant’s registration record with Agency. According to that record, Registration No. BO1259983 expired on December 31, 2017 and Registrant has not filed an application, whether timely or not, to renew his registration or for any other registration in the State of Minnesota. DEA has long held that ‘‘ ‘if a registrant has not submitted a timely renewal application prior to the expiration date, then the registration expires and there is nothing to revoke.’ ’’ Donald Brooks Reece II, M.D., 77 FR 35054, 35055 (2012) (quoting Ronald J. Riegel, 63 FR 67312, 67133 (1998)); see also Thomas E. Mitchell, 76 FR 20032, 20033 (2011). ‘‘Moreover, in the absence of an application (whether timely filed or not), there is nothing to act upon.’’ Reece, 77 FR at 35055. Accordingly, because Registrant has allowed his registration to expire and has not filed any application for registration in Minnesota, this case is now moot and will be dismissed. VerDate Sep<11>2014 18:34 Mar 20, 2018 Jkt 244001 Order Pursuant to the authority vested in me by 21 U.S.C. 824(a), as well as 28 CFR 0.100(b), I hereby order that the Order to Show Cause issued to Keith F. Ostrosky, D.D.S., be, and it hereby is, dismissed. This Order is effective immediately. Dated: March 13, 2018. Robert W. Patterson, Acting Administrator. [FR Doc. 2018–05746 Filed 3–20–18; 8:45 am] BILLING CODE 4410–09–P revocation of registration) has been redelegated to the Assistant Administrator of the DEA Diversion Control Division (‘‘Assistant Administrator’’) pursuant to section 7 of 28 CFR part 0, appendix to subpart R. In accordance with 21 CFR 1301.34(a), this is notice that on December 29, 2017, Sanyal Biotechnology LLC, 700 West Olney Road, Marioneaux Lab—Room 3159, Norfolk, Virginia 23507–1607 applied to be registered as an importer the following basic classes of controlled substances: Controlled substance DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA–392] Importer of Controlled Substances Application: Sanyal Biotechnology LLC ACTION: Notice of application. Registered bulk manufacturers of the affected basic classes, and applicants therefore, may file written comments on or objections to the issuance of the proposed registration on or before April 20, 2018. Such persons may also file a written request for a hearing on the application on or before April 20, 2018. ADDRESSES: Written comments should be sent to: Drug Enforcement Administration, Attention: DEA Federal Register Representative/DRW, 8701 Morrissette Drive, Springfield, Virginia 22152. All requests for hearing must be sent to: Drug Enforcement Administration, Attn: Administrator, 8701 Morrissette Drive, Springfield, Virginia 22152. All requests for hearing should also be sent to: (1) Drug Enforcement Administration, Attn: Hearing Clerk/LJ, 8701 Morrissette Drive, Springfield, Virginia 22152; and (2) Drug Enforcement Administration, Attn: DEA Federal Register Representative/DRW, 8701 Morrissette Drive, Springfield, Virginia 22152. SUPPLEMENTARY INFORMATION: The Attorney General has delegated his authority under the Controlled Substances Act to the Administrator of the Drug Enforcement Administration (DEA), 28 CFR 0.100(b). Authority to exercise all necessary functions with respect to the promulgation and implementation of 21 CFR part 1301, incident to the registration of manufacturers, distributors, dispensers, importers, and exporters of controlled substances (other than final orders in connection with suspension, denial, or DATES: PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 Marihuana Extract ........ Tetrahydrocannabinols Drug code 7350 7370 Schedule I I This company plans to import finished dosage unit products containing gamma-hydroxybutyric acid and cannabis extracts for clinical trial studies. This cannabis extracts compounds are listed under drug code 7350. No other activity for these drug codes is authorized for this registration. Approval of permit applications will occur only when the registrant’s business activity is consistent with what is authorized under to 21 U.S.C. 952(a)(2). Authorization will not extend to the import of FDA approved or nonapproved finished dosage forms for commercial sale. Dated: March 15, 2018. Susan A. Gibson, Deputy Assistant Administrator. [FR Doc. 2018–05724 Filed 3–20–18; 8:45 am] BILLING CODE 4410–09–P DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA–392] Bulk Manufacturer of Controlled Substances Application: Rhodes Technologies ACTION: Notice of application. Registered bulk manufacturers of the affected basic classes, and applicants therefore, may file written comments on or objections to the issuance of the proposed registration on or before May 21, 2018. ADDRESSES: Written comments should be sent to: Drug Enforcement Administration, Attention: DEA Federal Register Representative/DRW, 8701 Morrissette Drive, Springfield, Virginia 22152. DATES: E:\FR\FM\21MRN1.SGM 21MRN1

Agencies

[Federal Register Volume 83, Number 55 (Wednesday, March 21, 2018)]
[Notices]
[Pages 12406-12407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05746]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Keith F. Ostrosky, D.D.S.; Dismissal of Proceeding

    On August 30, 2017, the Acting Assistant Administrator, Diversion 
Control Division, Drug Enforcement Administration, issued an Order to 
Show Cause to Keith F. Ostrosky, D.D.S., of South St. Paul, Minnesota 
(hereinafter, Registrant).\1\ GX 2. The Show Cause Order proposed the 
revocation of Registrant's Certificate of Registration on the ground 
that he does not ``have . . . state authority to handle controlled 
substances.'' Id. at 1.
---------------------------------------------------------------------------

    \1\ While for reasons explained in this Decision, Registrant is 
now an Ex-Registrant, I refer to him as Registrant throughout this 
Decision.
---------------------------------------------------------------------------

    As to the jurisdictional basis of the proceeding, the Show Cause 
Order alleged that Registrant is registered as a practitioner in 
schedules II through V under Certificate of Registration No. BO1259983, 
at the registered location of 351 15th Ave. N., South St. Paul, 
Minnesota. The Order further alleged that this Registration was due to 
expire on December 31, 2017. Id.
    As to the substantive basis for the proceeding, the Show Cause 
Order alleged that ``[o]n February 3, 2017, the Minnesota Board of 
Dentistry issued a Stipulation and Order,'' pursuant to which the Board 
accepted Registrant's voluntary surrender of his license to practice 
dentistry in the State of Minnesota. Id. The Show Cause Order thus 
alleged that Registrant is ``currently without authority to practice 
dentistry or handle controlled substances in the State of Minnesota, 
the [S]tate in which [he is] registered with the DEA,'' and that as a 
consequence, his registration is subject to revocation. Id. at 1-2.
    The Show Cause Order notified Registrant of his right to request a 
hearing on the allegations or to submit a written statement of position 
while waiving his right to a hearing, the procedure for electing either 
option, and the consequence of failing to elect either option. Id. at 
2. The Show Cause Order also notified Registrant of his right to submit 
a Corrective Action Plan pursuant to 21 U.S.C. Sec.  824(c)(2)(C). Id. 
at 2-3.
    On September 9, 2017, the Government accomplished service of the 
Show Cause Order by certified mail, as evidenced by the signed Return 
Receipt Card. GX 4. On November 7, 2017, the Government submitted a 
Request for Final Agency Action (RFAA). Therein, the Government 
represents that Registrant did not

[[Page 12407]]

request a hearing and ``has not otherwise corresponded or communicated 
with [the Agency] regarding the Order . . . including the filing of any 
written statement in lieu of a hearing.'' RFAA, at 1-2. Based on the 
Government's representation I find that more than 30 days have now 
passed since Registrant was served with the Show Cause Order and that 
he has not requested a hearing or filed a written statement of 
position; I further find that Registrant has not filed a Corrective 
Action Plan. Accordingly, I find that Registrant has waived his right 
to a hearing or to submit a written statement while waiving his right 
to a hearing; I also find that Registrant has waived his right to 
submit a Corrective Action Plan. 21 CFR 1301.43(d).
    In the RFAA, the Government seeks a final order revoking 
Registrant's registration. As support for the proposed sanction, the 
Government's evidence includes a copy of the Stipulation and Order 
issued by the Minnesota Board on February 3, 2017, pursuant to which it 
accepted Registrant's voluntary surrender of his dental license. GX 3.
    The Government also submitted a Certification of Registration 
History, which was sworn to on October 30, 2017. GX 1. Therein, the 
Associate Chief of the Registration and Program Support Section states 
that Registration No. BO1259983 ``expires on December 31, 2017,'' and 
that ``Keith F. Ostrosky, D.D.S., has no other pending or valid DEA 
registration(s) in Minnesota.'' Id. at 1-2.
    Pursuant to 5 U.S.C. Sec.  556(e), I take official notice of 
Registrant's registration record with Agency. According to that record, 
Registration No. BO1259983 expired on December 31, 2017 and Registrant 
has not filed an application, whether timely or not, to renew his 
registration or for any other registration in the State of Minnesota.
    DEA has long held that `` `if a registrant has not submitted a 
timely renewal application prior to the expiration date, then the 
registration expires and there is nothing to revoke.' '' Donald Brooks 
Reece II, M.D., 77 FR 35054, 35055 (2012) (quoting Ronald J. Riegel, 63 
FR 67312, 67133 (1998)); see also Thomas E. Mitchell, 76 FR 20032, 
20033 (2011). ``Moreover, in the absence of an application (whether 
timely filed or not), there is nothing to act upon.'' Reece, 77 FR at 
35055. Accordingly, because Registrant has allowed his registration to 
expire and has not filed any application for registration in Minnesota, 
this case is now moot and will be dismissed.

Order

    Pursuant to the authority vested in me by 21 U.S.C. 824(a), as well 
as 28 CFR 0.100(b), I hereby order that the Order to Show Cause issued 
to Keith F. Ostrosky, D.D.S., be, and it hereby is, dismissed. This 
Order is effective immediately.

    Dated: March 13, 2018.
Robert W. Patterson,
Acting Administrator.
[FR Doc. 2018-05746 Filed 3-20-18; 8:45 am]
 BILLING CODE 4410-09-P

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