Notice Pursuant to the National Cooperative Research and Production Act of 1993-National Fire Protection Association, 24348 [2018-11242]
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24348
Federal Register / Vol. 83, No. 102 / Friday, May 25, 2018 / Notices
DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—National Fire Protection
Association
Notice is hereby given that, on May 8,
2018, pursuant to Section 6(a) of the
National Cooperative Research and
Production Act of 1993, 15 U.S.C. 4301
et seq. (‘‘the Act’’), National Fire
Protection Association (‘‘NFPA’’) has
filed written notifications
simultaneously with the Attorney
General and the Federal Trade
Commission disclosing additions or
changes to its standards development
activities. The notifications were filed
for the purpose of extending the Act’s
provisions limiting the recovery of
antitrust plaintiffs to actual damages
under specified circumstances.
Specifically, NFPA has provided an
updated and current list of its standards
development activities, related technical
committee and conformity assessment
activities. Information concerning NFPA
regulations, technical committees,
current standards, standards
development and conformity
assessment activities are publically
available at nfpa.org.
On September 20, 2004, NFPA filed
its original notification pursuant to
Section 6(a) of the Act. The Department
of Justice published a notice in the
Federal Register pursuant to Section
6(b) of the Act on October 21, 2004 (69
FR 61869).
The last notification was filed with
the Department on March 6, 2018. A
notice was published in the Federal
Register pursuant to Section 6(b) of the
Act on April 24, 2018 (83 FR 17852).
Patricia A. Brink,
Director of Civil Enforcement, Antitrust
Division.
[FR Doc. 2018–11242 Filed 5–24–18; 8:45 am]
BILLING CODE 4410–11–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 18–11]
amozie on DSK3GDR082PROD with NOTICES1
Health Fit Pharmacy; Decision and
Order
On November 15, 2017, the Acting
Assistant Administrator, Diversion
Control Division, Drug Enforcement
Administration (DEA), issued an Order
to Show Cause to Health Fit Pharmacy
(Respondent), of Houston, Texas. The
Show Cause Order proposed the
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18:28 May 24, 2018
Jkt 241001
revocation of Respondent’s DEA
Certificate of Registration No.
FH1729942 on the ground that he has
‘‘no state authority to handle controlled
substances.’’ Order to Show Cause, at 1
(citing 21 U.S.C. 824(a)(3)). For the same
reason, the Order also proposed the
denial of any of Respondent’s
‘‘applications for renewal or
modification of such registration and
any applications for any other DEA
registrations.’’ Id.
With respect to the Agency’s
jurisdiction, the Show Cause Order
alleged that Respondent is the holder of
Certificate of Registration No.
FH1729942, pursuant to which it is
authorized to dispense controlled
substances as a retail pharmacy in
schedules II through V, at the registered
address of 1307 Yale Street, Suite H,
Houston, Texas. Id. The Order also
alleged that this registration does not
expire until October 31, 2018. Id.
Regarding the substantive grounds for
the proceeding, the Show Cause Order
alleged that on September 15, 2017, the
Texas State Board of Pharmacy (TSBP)
‘‘suspended’’ Respondent’s Texas
pharmacy license, and Respondent is
therefore ‘‘without authority to practice
pharmacy or handle controlled
substances in the State of Texas, the
[S]tate in which [it is] registered with
the DEA.’’ Id. at 2. Based on its ‘‘lack of
authority to [dispense] controlled
substances in . . . Texas,’’ the Order
asserted that ‘‘DEA must revoke’’
Respondent’s registration. Id. (citing 21
U.S.C. 824(a)(3); 21 CFR 1301.37(b)).
The Show Cause Order notified
Respondent of (1) its right to request a
hearing on the allegations or to submit
a written statement in lieu of a hearing,
(2) the procedure for electing either
option, and (3) the consequence for
failing to elect either option. Id. (citing
21 CFR 1301.43). The Order also
notified Respondent of its right to
submit a corrective action plan. Id. at 2–
3 (citing 21 U.S.C. 824(c)(2)(C)).
On December 4, 2017, Respondent,
through counsel, filed a letter requesting
a hearing on the allegations. Letter from
Respondent’s Counsel to Hearing Clerk
(dated Nov. 30, 2017) (hereinafter,
Hearing Request). In this letter,
Respondent ‘‘objects to the cancellation
of Health Fit Pharmacy[’s DEA]
controlled substance registration’’ for
two reasons. First, Respondent states
that, ‘‘although temporar[il]y
suspended,’’ it ‘‘maintains an active
license.’’ Id. at 1. Second, Respondent
‘‘expects to prevail’’ in a ‘‘final
contested hearing regarding the
temporary suspension of this license on
the merits . . . scheduled for February,
2018.’’ Id.
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Frm 00077
Fmt 4703
Sfmt 4703
The matter was placed on the docket
of the Office of Administrative Law
Judges and assigned to Chief
Administrative Law Judge John J.
Mulrooney, II (hereinafter, CALJ). On
December 4, 2017, the CALJ ordered the
Government to file ‘‘evidence to support
the allegation that the Respondent lacks
state authority to handle controlled
substances’’ and file ‘‘any Government
motion for summary disposition’’ no
later than December 15, 2017. Order
Directing the Filing of Government
Evidence of Lack of State Authority
Allegation and Briefing Schedule, at 1–
2. The CALJ also directed Respondent to
file its response to any summary
disposition motion no later than
December 29, 2017. Id. at 2.
On December 15, 2017, the
Government filed its Motion for
Summary Disposition. In its Motion, the
Government argued that it is undisputed
that Respondent lacks authority to
handle controlled substances in Texas
because the TSBP suspended
Respondent’s Texas medical license on
September 15, 2017. Government’s
Motion for Summary Disposition
(hereinafter Government’s Motion or
Govt. Mot.) at 2–3; TSBP Temporary
Suspension Order #A–16–008–BS1
(Government Exhibit (GX) 2 to Govt.
Mot. or ‘‘Sept. 15, 2017 TSBP Order’’).
The Government also noted that, in its
Hearing Request, Respondent did not
dispute that the TSBP had suspended
Respondent’s pharmacy license. Govt.
Mot. at 3 n.1. The Government further
argued that, ‘‘[a]bsent authority by the
State of Texas to dispense controlled
substances, Respondent is not
authorized to possess a DEA registration
in that state.’’ Id. at 3. Lastly, the
Government argued that under Agency
precedent, revocation is warranted even
where a State has temporarily
suspended a practitioner’s state
authority with the possibility of future
reinstatement. Id. at 3–4 (citations
omitted). As support for its summary
disposition request, the Government
attached, inter alia, a copy of the TSBP’s
September 15, 2017 Order directing that
Respondent’s license ‘‘is hereby
temporarily suspended . . . effective
immediately and shall continue in
effect, pending a contested hearing on
disciplinary action against the
suspended license.’’ GX 2 to Govt. Mot.,
at 14.
In its responsive pleading,
Respondent did not dispute that it
‘‘maintains a[n] active suspended
license’’ in the State of Texas.
Respondent’s Dec. 29, 2017 Response to
Government’s Motion for Summary
Disposition (hereinafter, Resp. Br.), at 2.
Instead, Respondent argued that ‘‘the
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[Federal Register Volume 83, Number 102 (Friday, May 25, 2018)]
[Notices]
[Page 24348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11242]
[[Page 24348]]
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DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National Cooperative Research and
Production Act of 1993--National Fire Protection Association
Notice is hereby given that, on May 8, 2018, pursuant to Section
6(a) of the National Cooperative Research and Production Act of 1993,
15 U.S.C. 4301 et seq. (``the Act''), National Fire Protection
Association (``NFPA'') has filed written notifications simultaneously
with the Attorney General and the Federal Trade Commission disclosing
additions or changes to its standards development activities. The
notifications were filed for the purpose of extending the Act's
provisions limiting the recovery of antitrust plaintiffs to actual
damages under specified circumstances. Specifically, NFPA has provided
an updated and current list of its standards development activities,
related technical committee and conformity assessment activities.
Information concerning NFPA regulations, technical committees, current
standards, standards development and conformity assessment activities
are publically available at nfpa.org.
On September 20, 2004, NFPA filed its original notification
pursuant to Section 6(a) of the Act. The Department of Justice
published a notice in the Federal Register pursuant to Section 6(b) of
the Act on October 21, 2004 (69 FR 61869).
The last notification was filed with the Department on March 6,
2018. A notice was published in the Federal Register pursuant to
Section 6(b) of the Act on April 24, 2018 (83 FR 17852).
Patricia A. Brink,
Director of Civil Enforcement, Antitrust Division.
[FR Doc. 2018-11242 Filed 5-24-18; 8:45 am]
BILLING CODE 4410-11-P
