Phillip O. Rawlings, Jr., M.D.; Decision and Order, 51982-51983 [2018-22421]

Download as PDF 51982 Federal Register / Vol. 83, No. 199 / Monday, October 15, 2018 / Notices (except for exportation), and soliciting U.S. agents or distributors for, nonvolatile memory device and products containing same covered by claim 6 of the ’602 patent. The Commission has also determined that the public interest factors enumerated in section 337(d) and (f) (19 U.S.C. 1337(d) and (f)) do not preclude issuance of the limited exclusion order or cease and desist orders. Finally, the Commission has determined that a bond in the amount of 100 percent of entered value for Toshiba flash memory devices, solid-state drives, USB flash drives, and microcontroller units; and a bond in the amount of six percent of entered value for Toshiba personal computers, multifunction printers, and air conditioners is required to permit temporary importation during the period of Presidential review (19 U.S.C. 1337(j)) of products that are subject to the remedial orders. The Commission’s orders and opinion were delivered to the President and to the United States Trade Representative on the day of their issuance. The authority for the Commission’s determination is contained in section 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: October 9, 2018 Katherine Hiner, Supervisory Attorney. [FR Doc. 2018–22325 Filed 10–12–18; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Drug Enforcement Administration khammond on DSK30JT082PROD with NOTICES Phillip O. Rawlings, Jr., M.D.; Decision and Order On March 8, 2018, the Acting Assistant Administrator, Diversion Control Division, Drug Enforcement Administration (DEA), issued an Order to Show Cause to Phillip O. Rawlings, Jr., M.D. (Registrant), of Mobile, Alabama. The Show Cause Order proposed the revocation of Registrant’s DEA Certificate of Registration No. FR0024997 on the ground that he has ‘‘no state authority to handle controlled substances.’’ Order to Show Cause, Government Exhibit (GX) 8, at 1 (citing 21 U.S.C. 824(a)(3)). For the same reason, the Order also proposed the denial of any of Registrant’s ‘‘applications for renewal or modification of such registration and VerDate Sep<11>2014 21:34 Oct 12, 2018 Jkt 247001 any applications for any other DEA registrations.’’ Id. Regarding the Agency’s jurisdiction, the Show Cause Order alleged that Registrant holds DEA Certificate of Registration No. FR0024997, pursuant to which he is authorized to dispense controlled substances as a practitioner in schedules II through V at the registered address of Providence Family Physicians, 8833 Cottage Hill Road, Mobile, Alabama. Id. The Order also alleged that this registration was set to expire by its terms on April 30, 2018. Id. The substantive ground for the proceeding set forth in the Show Cause Order is that Registrant is ‘‘currently without authority to practice medicine or handle controlled substances in the State of Alabama, the state in which [he is] registered with the DEA’’ because Registrant’s Alabama Medical License and Alabama Controlled Substances Certificate have been in ‘‘Inactive-By Request’’ status since December 31, 2016 . Id. As a consequence, the Order alleged that ‘‘DEA must revoke your DEA registration.’’ Id. at 2. The Show Cause Order notified Registrant of his right to request a hearing on the allegations or to submit a written statement in lieu of a hearing, the procedures for electing each option, and the consequences for failing to elect either option. Id. (citing 21 CFR 1301.43). The Order also notified Registrant of the opportunity to submit a corrective action plan. Id. at 2–3 (citing 21 U.S.C. 824(c)(2)(C)). On April 26, 2018, my office received the Government’s Second Request for Final Agency Action (SRFAA) 1 describing Diversion Investigators’ attempts to serve the Show Cause Order and seeking a final order revoking Registrant’s registration. SRFAA, at 2, 6. 1 On January 10, 2018, the Government submitted a Request for Final Agency Action seeking to revoke Registrant’s same DEA registration based on an October 31, 2017 Order to Show Cause. GX 6. In that Request, the Government represented that Registrant did not request a hearing and ‘‘ha[d] not otherwise corresponded or communicated with DEA regarding the Order served on him . . . within 30 days of receipt of the Order.’’ Id. at 1–2. However, on February 6, 2018, the then-Acting Administrator issued an Order noting that, ‘‘although the Government is clearly in possession of information suggesting that Registrant now lives in California, it has offered no explanation for why it did not attempt to obtain Registrant’s address from the Board of Medical Examiners and serve Registrant at that address.’’ GX 7, at 1. As a result, the then-Administrator denied the Government’s Request for Final Agency Action without prejudice. Id. at 2. See also SRFAA, at 1–2. By that time, the December 26, 2017 hearing date listed in the 2017 Show Cause Order had passed. SRFAA, at 2 n.1. As a result, the Agency issued the pending Show Cause Order on March 8, 2018, with a new hearing date of April 24, 2018. Id.; GX 8, at 1. It is this new Show Cause Order for which the Government now seeks final agency action. PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 The Government also submitted a Certification of Registration History, which was sworn to on December 28, 2017 by the Associate Chief of the Registration and Program Support Section. GX 1. In that Certification, she stated that DEA Registration No. FR0024997 ‘‘expires on April 30, 2018.’’ Id. at 1. The Associate Chief further stated that ‘‘Phillip O. Rawlings, Jr., M.D., has no other pending or valid DEA registration(s) in Alabama.’’ Id. According to the Agency’s current registration records for Registrant, of which I take official notice,2 DEA Registration No. FR0024997 expired on April 30, 2018, and he has not submitted an application to renew his registration or for any other registration in the State of Alabama. Thus, I find that Registrant’s registration expired on April 30, 2018, and that there is no application upon which to act.3 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 Greg N. Rampey, D.O., 83 FR 2 Under the Administrative Procedure Act (APA), an agency ‘‘may take official notice of facts at any stage in a proceeding—even in the final decision.’’ U.S. Dept. of Justice, Attorney General’s Manual on the Administrative Procedure Act 80 (1947) (Wm. W. Gaunt & Sons, Inc., Reprint 1979). In accordance with the APA and DEA’s regulations, Registrant is ‘‘entitled on timely request to an opportunity to show to the contrary.’’ 5 U.S.C. 556(e); see also 21 CFR 1316.59(e). To allow Registrant the opportunity to refute the facts of which I take official notice, Registrant may file a motion for reconsideration within 15 calendar days of service of this order which shall commence on the date this order is mailed. 3 As already noted, my Office received the Government’s Second Request for Final Agency Action on April 26, 2018. This filing arrived in my office too late for me to issue a final decision and order before the registration would expire on April 30, 2018. DEA regulation 21 CFR 1316.67 requires that I issue a final order that takes effect not less than 30 days from the date of publication in the Federal Register unless the public interest necessitates an earlier effective date. The record before me fails to include facts supporting a finding that ‘‘the public interest in the matter necessitates an earlier effective date.’’ 21 CFR 1316.67. Thus, even if I had submitted a final order in this case to the Federal Register on the same day (April 26, 2018) that my office received the SRFAA to revoke Registrant’s registration, I could not have issued an order that would have taken effect by April 30, 2018 because the Federal Register would not have been able to publish it 30 days before the registration’s April 30, 2018 expiration. And as the Agency has previously noted, there is no point in issuing a ruling on a Show Cause Order where, as here, that ruling would constitute an advisory opinion subject to vacation on judicial review. See, e.g., Josip Pasic, M.D., 82 FR 24146, 24147 (2017) (‘‘As the requested factual findings and legal conclusions would be subject to vacation on judicial review, there is no point in making them.’’). E:\FR\FM\15OCN1.SGM 15OCN1 51983 Federal Register / Vol. 83, No. 199 / Monday, October 15, 2018 / Notices 42696, 42697 (2018). ‘‘Moreover, in the absence of an application (whether timely filed or not), there is nothing to act upon.’’ Reece, 77 FR at 35055, Rampey, 83 FR at 42697. Accordingly, because Registrant has allowed his registration to expire and has not filed an application to renew his registration or for any other registration in Alabama, this case is now moot and will be dismissed. Order Pursuant to 28 CFR 0.100(b) and the authority thus vested in me by 21 U.S.C. 824(a), I order that the Order to Show Cause issued to Phillip O. Rawlings, Jr., M.D., be, and it hereby is, dismissed. This Order is effective immediately. [FR Doc. 2018–22421 Filed 10–12–18; 8:45 am] BILLING CODE 4410–09–P The company listed below applied to be registered as an importer of various basic classes of controlled substances. Information on previously published notices is listed in the table below. No comments or objections were submitted and no requests for hearing were submitted for these notices. SUPPLEMENTARY INFORMATION: DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA–392] Importer of Controlled Substances Registration ACTION: registration by the Drug Enforcement Administration (DEA) as importers of various classes of schedule I or II controlled substances. Notice of registration. Registrant listed below have applied for and been granted SUMMARY: Company FR Docket Galephar Pharmaceutical Research Inc ................................. 83 FR 37525 .......................................................................... The Drug Enforcement Administration (DEA) has considered the factors in 21 U.S.C. 823, 952(a) and 958(a) and determined that the registration of the listed registrant to import the applicable basic classes of schedule I or II controlled substances is consistent with the public interest and with United States obligations under international treaties, conventions, or protocols in effect on May 1, 1971. The DEA investigated the company’s maintenance of effective controls against diversion by inspecting and testing each company’s physical security systems, verifying the company’s compliance with state and local laws, and reviewing the company’s background and history. Therefore, pursuant to 21 U.S.C. 952(a) and 958(a), and in accordance with 21 CFR 1301.34, the DEA has granted a registration as an importer for schedule I or II controlled substance to the above listed company. Dated: September 24, 2018. John J. Martin, Assistant Administrator. [FR Doc. 2018–22420 Filed 10–12–18; 8:45 am] BILLING CODE 4410–09–P DEPARTMENT OF JUSTICE khammond on DSK30JT082PROD with NOTICES Dated: September 26, 2018. Uttam Dhillon, Acting Administrator. Drug Enforcement Administration [Docket No. DEA–392] Importer of Controlled Substances Application: Cambrex High Point, Inc. ACTION: Notice of application. VerDate Sep<11>2014 21:34 Oct 12, 2018 Jkt 247001 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 November 14, 2018. Such persons may also file a written request for a hearing on the application on or before November 14, 2018. ADDRESSES: Written comments should be sent to: Drug Enforcement Administration, Attention: DEA Federal Register Representative/DPW, 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/DPW, 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 revocation of registration) has been redelegated to the Assistant DATES: PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 Published August 1, 2018. 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 July 16, 2018, Cambrex High Point Inc., 4180 Mendenhall Oaks Parkway, High Point, North Carolina 27265–8017 applied to be registered as an importer of the following basic classes of controlled substances: Controlled substance Drug code Schedule Amphetamine ................... Codeine ............................ Oxymorphone ................... Noroxymorphone .............. 1100 9050 9652 9668 II II II II The company plans to manufacture the above listed controlled substances in bulk for distribution to its customers. Dated: October 1, 2018. John J. Martin, Assistant Administrator. [FR Doc. 2018–22416 Filed 10–12–18; 8:45 am] BILLING CODE 4410–09–P DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA–392] Bulk Manufacturer of Controlled Substances Application: Specgx, LLC ACTION: Notice of application. Registered bulk manufacturers of the affected basic classes, and applicants therefore, may file written DATES: E:\FR\FM\15OCN1.SGM 15OCN1

Agencies

[Federal Register Volume 83, Number 199 (Monday, October 15, 2018)]
[Notices]
[Pages 51982-51983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22421]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Phillip O. Rawlings, Jr., M.D.; Decision and Order

    On March 8, 2018, the Acting Assistant Administrator, Diversion 
Control Division, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Phillip O. Rawlings, Jr., M.D. (Registrant), of 
Mobile, Alabama. The Show Cause Order proposed the revocation of 
Registrant's DEA Certificate of Registration No. FR0024997 on the 
ground that he has ``no state authority to handle controlled 
substances.'' Order to Show Cause, Government Exhibit (GX) 8, at 1 
(citing 21 U.S.C. 824(a)(3)). For the same reason, the Order also 
proposed the denial of any of Registrant's ``applications for renewal 
or modification of such registration and any applications for any other 
DEA registrations.'' Id.
    Regarding the Agency's jurisdiction, the Show Cause Order alleged 
that Registrant holds DEA Certificate of Registration No. FR0024997, 
pursuant to which he is authorized to dispense controlled substances as 
a practitioner in schedules II through V at the registered address of 
Providence Family Physicians, 8833 Cottage Hill Road, Mobile, Alabama. 
Id. The Order also alleged that this registration was set to expire by 
its terms on April 30, 2018. Id.
    The substantive ground for the proceeding set forth in the Show 
Cause Order is that Registrant is ``currently without authority to 
practice medicine or handle controlled substances in the State of 
Alabama, the state in which [he is] registered with the DEA'' because 
Registrant's Alabama Medical License and Alabama Controlled Substances 
Certificate have been in ``Inactive-By Request'' status since December 
31, 2016 . Id. As a consequence, the Order alleged that ``DEA must 
revoke your DEA registration.'' Id. at 2.
    The Show Cause Order notified Registrant of his right to request a 
hearing on the allegations or to submit a written statement in lieu of 
a hearing, the procedures for electing each option, and the 
consequences for failing to elect either option. Id. (citing 21 CFR 
1301.43). The Order also notified Registrant of the opportunity to 
submit a corrective action plan. Id. at 2-3 (citing 21 U.S.C. 
824(c)(2)(C)).
    On April 26, 2018, my office received the Government's Second 
Request for Final Agency Action (SRFAA) \1\ describing Diversion 
Investigators' attempts to serve the Show Cause Order and seeking a 
final order revoking Registrant's registration. SRFAA, at 2, 6. The 
Government also submitted a Certification of Registration History, 
which was sworn to on December 28, 2017 by the Associate Chief of the 
Registration and Program Support Section. GX 1. In that Certification, 
she stated that DEA Registration No. FR0024997 ``expires on April 30, 
2018.'' Id. at 1. The Associate Chief further stated that ``Phillip O. 
Rawlings, Jr., M.D., has no other pending or valid DEA registration(s) 
in Alabama.'' Id. According to the Agency's current registration 
records for Registrant, of which I take official notice,\2\ DEA 
Registration No. FR0024997 expired on April 30, 2018, and he has not 
submitted an application to renew his registration or for any other 
registration in the State of Alabama. Thus, I find that Registrant's 
registration expired on April 30, 2018, and that there is no 
application upon which to act.\3\
---------------------------------------------------------------------------

    \1\ On January 10, 2018, the Government submitted a Request for 
Final Agency Action seeking to revoke Registrant's same DEA 
registration based on an October 31, 2017 Order to Show Cause. GX 6. 
In that Request, the Government represented that Registrant did not 
request a hearing and ``ha[d] not otherwise corresponded or 
communicated with DEA regarding the Order served on him . . . within 
30 days of receipt of the Order.'' Id. at 1-2. However, on February 
6, 2018, the then-Acting Administrator issued an Order noting that, 
``although the Government is clearly in possession of information 
suggesting that Registrant now lives in California, it has offered 
no explanation for why it did not attempt to obtain Registrant's 
address from the Board of Medical Examiners and serve Registrant at 
that address.'' GX 7, at 1. As a result, the then-Administrator 
denied the Government's Request for Final Agency Action without 
prejudice. Id. at 2. See also SRFAA, at 1-2. By that time, the 
December 26, 2017 hearing date listed in the 2017 Show Cause Order 
had passed. SRFAA, at 2 n.1. As a result, the Agency issued the 
pending Show Cause Order on March 8, 2018, with a new hearing date 
of April 24, 2018. Id.; GX 8, at 1. It is this new Show Cause Order 
for which the Government now seeks final agency action.
    \2\ Under the Administrative Procedure Act (APA), an agency 
``may take official notice of facts at any stage in a proceeding--
even in the final decision.'' U.S. Dept. of Justice, Attorney 
General's Manual on the Administrative Procedure Act 80 (1947) (Wm. 
W. Gaunt & Sons, Inc., Reprint 1979). In accordance with the APA and 
DEA's regulations, Registrant is ``entitled on timely request to an 
opportunity to show to the contrary.'' 5 U.S.C. 556(e); see also 21 
CFR 1316.59(e). To allow Registrant the opportunity to refute the 
facts of which I take official notice, Registrant may file a motion 
for reconsideration within 15 calendar days of service of this order 
which shall commence on the date this order is mailed.
    \3\ As already noted, my Office received the Government's Second 
Request for Final Agency Action on April 26, 2018. This filing 
arrived in my office too late for me to issue a final decision and 
order before the registration would expire on April 30, 2018. DEA 
regulation 21 CFR 1316.67 requires that I issue a final order that 
takes effect not less than 30 days from the date of publication in 
the Federal Register unless the public interest necessitates an 
earlier effective date. The record before me fails to include facts 
supporting a finding that ``the public interest in the matter 
necessitates an earlier effective date.'' 21 CFR 1316.67. Thus, even 
if I had submitted a final order in this case to the Federal 
Register on the same day (April 26, 2018) that my office received 
the SRFAA to revoke Registrant's registration, I could not have 
issued an order that would have taken effect by April 30, 2018 
because the Federal Register would not have been able to publish it 
30 days before the registration's April 30, 2018 expiration. And as 
the Agency has previously noted, there is no point in issuing a 
ruling on a Show Cause Order where, as here, that ruling would 
constitute an advisory opinion subject to vacation on judicial 
review. See, e.g., Josip Pasic, M.D., 82 FR 24146, 24147 (2017) 
(``As the requested factual findings and legal conclusions would be 
subject to vacation on judicial review, there is no point in making 
them.'').
---------------------------------------------------------------------------

    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 Greg N. Rampey, D.O., 83 FR

[[Page 51983]]

42696, 42697 (2018). ``Moreover, in the absence of an application 
(whether timely filed or not), there is nothing to act upon.'' Reece, 
77 FR at 35055, Rampey, 83 FR at 42697. Accordingly, because Registrant 
has allowed his registration to expire and has not filed an application 
to renew his registration or for any other registration in Alabama, 
this case is now moot and will be dismissed.

Order

    Pursuant to 28 CFR 0.100(b) and the authority thus vested in me by 
21 U.S.C. 824(a), I order that the Order to Show Cause issued to 
Phillip O. Rawlings, Jr., M.D., be, and it hereby is, dismissed. This 
Order is effective immediately.

    Dated: September 26, 2018.
Uttam Dhillon,
Acting Administrator.
[FR Doc. 2018-22421 Filed 10-12-18; 8:45 am]
 BILLING CODE 4410-09-P