Notice Pursuant to the National Cooperative Research and Production Act of 1993-Medical CBRN Defense Consortium, 42012-42013 [2019-17601]

Download as PDF 42012 Federal Register / Vol. 84, No. 159 / Friday, August 16, 2019 / Notices Also, Azbil Corporation, Tokyo, JAPAN; Bayer Business Services GmbH, Leverkusen, GERMANY; BusinessNow, S<borg, DENMARK; CXODynamix Business Solutions (PTY) Ltd., Centurio Pretoria, SOUTH AFRICA; DHBW, Stuttgart, GERMANY; Digileaf, Inc., Makati City, PHILIPPINES; Japan Aerospace Exploration Agency, Tsukuba, JAPAN; New Zealand Department of Internal Affairs, Wellington, NEW ZEALAND; PMH IT Management & Services, Pty., Ltd., Groblersdal, SOUTH AFRICA; Reserve Bank of New Zealand, Wellington, NEW ZEALAND; Shanghai NorthUniverse Enterprise Management Consulting Co., Ltd., Shanghai, PEOPLE’S REPUBLIC OF CHINA; SMME, Leuven, BELGIUM; Technology Service Corporation, Turnbull, CT; Vedanta Group, Gurgaon, INDIA; and VIStology, Inc., Framingham, MA, have withdrawn as parties to this venture. In addition, Vector Software Inc. has changed its name to Vector North America, East Greenwich, RI. No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and TOG intends to file additional written notifications disclosing all changes in membership. On April 21, 1997, TOG 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 June 13, 1997 (62 FR 32371). The last notification was filed with the Department on May 24, 2019. A notice was published in the Federal Register pursuant to Section 6(b) of the Act on June 17, 2019 (84 FR 28072). Suzanne Morris, Chief, Premerger and Division Statistics Unit, Antitrust Division. [FR Doc. 2019–17604 Filed 8–15–19; 8:45 am] BILLING CODE 4410–11–P DEPARTMENT OF JUSTICE Antitrust Division khammond on DSKBBV9HB2PROD with NOTICES Notice Pursuant to the National Cooperative Research and Production Act of 1993—Open Source Imaging Consortium, Inc. Notice is hereby given that, on July 30, 2019, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), Open Source Imaging Consortium, Inc. (‘‘OSI’’) has filed written notifications simultaneously with the Attorney VerDate Sep<11>2014 16:10 Aug 15, 2019 Jkt 247001 General and the Federal Trade Commission disclosing changes in its membership. 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, CSL Behring LLC, King of Prussia, PA; and The Gemelli University Hospital Foundation, Rome, ITALY, have been added as parties to this venture. Also, Three Lakes Partners, Northbrook, IL, has withdrawn as a party to this venture. No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and OSI intends to file additional written notifications disclosing all changes in membership. On March 20, 2019, OSI 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 April 12, 2019 (84 FR 14973). Suzanne Morris, Chief, Premerger and Division Statistics Unit, Antitrust Division. [FR Doc. 2019–17607 Filed 8–15–19; 8:45 am] BILLING CODE 4410–11–P DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—R Consortium, Inc. Notice is hereby given that, on August 6, 2019, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), R Consortium, Inc. (‘‘R Consortium’’) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. 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, Avant, Inc., Chicago, IL, has withdrawn as a party to this venture. No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and R Consortium intends to file additional written notifications disclosing all changes in membership. PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 On September 15, 2015, R Consortium 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 2, 2015 (80 FR 59815). The last notification was filed with the Department on May 16, 2019. A notice was published in the Federal Register pursuant to Section 6(b) of the Act on June 17, 2019 (84 FR 28072). Suzanne Morris, Chief, Premerger and Division Statistics Unit, Antitrust Division. [FR Doc. 2019–17602 Filed 8–15–19; 8:45 am] BILLING CODE 4410–11–P DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—Medical CBRN Defense Consortium Notice is hereby given that, on July 24, 2019, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), Medical CBRN Defense Consortium (‘‘MCDC’’) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. 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, Intelligent Optical Systems, Inc., Torrance, CA; MeMed US Inc., Milpitas, CA; New Horizon Diagnostics Corp, Baltimore, MD; and The Geneva Foundation, Tacoma, WA, have been added as parties to this venture. Also, Vaxess Technologies, Inc., Allston, MA, has withdrawn as a party to this venture. No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and MCDC intends to file additional written notifications disclosing all changes in membership. On November 13, 2015, MCDC 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 January 6, 2016 (81 FR 513). The last notification was filed with the Department on April 24, 2019. A E:\FR\FM\16AUN1.SGM 16AUN1 Federal Register / Vol. 84, No. 159 / Friday, August 16, 2019 / Notices notice was published in the Federal Register pursuant to Section 6(b) of the Act on May 17, 2019 (84 FR 22520). Suzanne Morris, Chief, Premerger and Division Statistics Unit, Antitrust Division. [FR Doc. 2019–17601 Filed 8–15–19; 8:45 am] BILLING CODE 4410–11–P DEPARTMENT OF JUSTICE Drug Enforcement Administration Peter John Ulbrich, M.D.; Decision and Order On March 4, 2019, the Assistant Administrator, Diversion Control Division, Drug Enforcement Administration (hereinafter, Government), issued an Order to Show Cause to Peter John Ulbrich, M.D., (hereinafter, Registrant), of Peachtree City, Georgia. Order to Show Cause (hereinafter, OSC), at 1. The OSC proposes the revocation of Registrant’s Certificate of Registration No. FU2662523 on the ground that Registrant does ‘‘not have authority to handle controlled substances in Georgia, the state in which [Registrant is] registered with the DEA.’’ Id. (citing 21 U.S.C. 823(f) and 824(a)(3)). Specifically, the OSC alleges that the Georgia Composite Medical Board (hereinafter, Board) issued an Initial Decision indefinitely suspending Registrant’s medical license on February 9, 2018. Id. at 1. The OSC notified Registrant of the right to request a hearing on the allegations or to submit a written statement, while waiving the right to a hearing, the procedures for electing each option, and the consequences for failing to elect either option. Id. at 2 (citing 21 CFR 1301.43). The OSC also notified Registrant of the opportunity to submit a corrective action plan. OSC, at 2–3 (citing 21 U.S.C. 824(c)(2)(C)). khammond on DSKBBV9HB2PROD with NOTICES Adequacy of Service In a Declaration dated June 24, 2019, a Diversion Investigator (hereinafter, DI) assigned to the Atlanta Division Office stated that on May 7, 2019, he and another DI met with Registrant at an agreed location and he personally served him with the OSC. Government’s Request for Final Agency Action (hereinafter, RFAA), GX 10 (Declaration of the Diversion Investigator (hereinafter DI’s Declaration)), at 2–3. Registrant signed a DEA Form 12, Receipt for Cash or Other Items, to acknowledge his receipt of the Show Cause Order. Id. at 3; see also GX 6. VerDate Sep<11>2014 16:10 Aug 15, 2019 Jkt 247001 42013 In its RFAA, the Government represents that ‘‘more than [thirty] days have passed since Registrant received the [OSC]; however, Registrant has not submitted to DEA a request for a hearing . . . nor has he corresponded in writing or otherwise’’ regarding a hearing. RFAA at 2. The Government requests the issuance of a revocation order on the basis that ‘‘Registrant has waived his opportunity for a hearing’’ and his registration should be revoked pursuant to 21 U.S.C. 802(21), 823(f) and 824(a)(3). Id. at 2. Based on the DI’s Declaration, the Government’s written representations, and my review of the record, I find that the Government accomplished service of the OSC on Registrant on May 7, 2019. I also find that more than thirty days have now passed since the Government accomplished service of the OSC. Further, based on the Government’s written representations, I find that neither Registrant, nor anyone purporting to represent the Registrant, requested a hearing, submitted a written statement while waiving Registrant’s right to a hearing, or submitted a corrective action plan. Accordingly, I find that Registrant has waived the right to a hearing and the right to submit a written statement and corrective action plan. 21 CFR 1301.43(d) and 21 U.S.C. 824(c)(2)(C). I, therefore, issue this Decision and Order based on the record submitted by the Government, which constitutes the entire record before me. 21 CFR 1301.43(e). GX 4 (Order), at 2. The Order provided that after two years the ‘‘[Registrant] may request his suspension be lifted following treatment by a Boardapproved physician and advocacy from a physician.’’ Id. The Order upheld an Initial Decision (hereinafter, Initial Decision) issued after a hearing by a state administrative law judge (hereinafter, ALJ) on February 9, 2018. The ALJ’s Initial Decision found that, based on unrebutted expert testimony, ‘‘[Registrant’s] history of sexual misconduct, receipt of intensive inpatient and outpatient treatment, ‘relapse’ behaviors, lack of transparency, poor insight and judgment demonstrates that, without further treatment, he cannot practice with reasonable skill and safety.’’ Id. at 18. Therefore, the ALJ recommended Registrant’s ‘‘license to practice medicine in the State of Georgia be indefinitely suspended until [Registrant] undergoes any treatment ordered by the Board and it is determined that he can practice with reasonable skill and safety.’’ RFAA, GX 3 (Initial Decision), at 19. According to the website of the Georgia Composite Medical Board, of which I take official notice, Registrant’s license is still indefinitely suspended. https://gcmb.mylicense.com/ verification/ (last visited August 5, 2019).1 The State of Georgia online records show that Registrant’s medical license remains suspended and that Registrant is not authorized in the State of Georgia to prescribe controlled substances. Id. Findings of Fact Discussion Registrant’s DEA Registration 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 Controlled Substances Act (hereinafter, CSA), ‘‘upon a finding that the registrant . . . has had his State license or registration suspended . . . [or] revoked . . . by competent State authority and is no longer authorized by State law to engage Registrant is the holder of DEA Certificate of Registration No. FU2662523 at the registered address of Cosmedical, 401 Highway 74 North, Peachtree City, Georgia 30269. RFAA, GX 1 (Facsimile of Registrant’s DEA Certificate of Registration); GX 2 (Certification of Registration Status). Pursuant to this registration, Registrant is authorized to dispense controlled substances in schedules II through V as a practitioner. Id. Registrant’s registration expires on May 31, 2020, and is ‘‘in an active pending status.’’ GX 2 (Certification of Registration Status) at 1. The Status of Registrant’s State License On May 17, 2018, the Georgia Composite Medical Board (hereinafter, Board) issued a Final Decision and Order (hereinafter, Order) indefinitely suspending [Registrant’s] license to practice medicine in the State of Georgia, effective on that date. RFAA, PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 1 Under the Administrative Procedure Act, an agency ‘‘may take official notice of facts at any stage in a proceeding—even in the final decision.’’ United States Department of Justice, Attorney General’s Manual on the Administrative Procedure Act 80 (1947) (Wm. W. Gaunt & Sons, Inc., Reprint 1979). Pursuant to 5 U.S.C. 556(e), ‘‘[w]hen an agency decision rests on official notice of a material fact not appearing in the evidence in the record, a party is entitled, on timely request, to an opportunity to show the contrary.’’ Accordingly, Registrant may dispute my finding by filing a properly supported motion for reconsideration within 15 calendar days of the date of this Order. Any such motion shall be filed with the Office of the Administrator and a copy shall be served on the Government. In the event Registrant files a motion, the Government shall have 15 calendar days to file a response. E:\FR\FM\16AUN1.SGM 16AUN1

Agencies

[Federal Register Volume 84, Number 159 (Friday, August 16, 2019)]
[Notices]
[Pages 42012-42013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17601]


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DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--Medical CBRN Defense Consortium

    Notice is hereby given that, on July 24, 2019, pursuant to Section 
6(a) of the National Cooperative Research and Production Act of 1993, 
15 U.S.C. 4301 et seq. (``the Act''), Medical CBRN Defense Consortium 
(``MCDC'') has filed written notifications simultaneously with the 
Attorney General and the Federal Trade Commission disclosing changes in 
its membership. 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, Intelligent Optical Systems, Inc., Torrance, CA; MeMed US 
Inc., Milpitas, CA; New Horizon Diagnostics Corp, Baltimore, MD; and 
The Geneva Foundation, Tacoma, WA, have been added as parties to this 
venture.
    Also, Vaxess Technologies, Inc., Allston, MA, has withdrawn as a 
party to this venture.
    No other changes have been made in either the membership or planned 
activity of the group research project. Membership in this group 
research project remains open, and MCDC intends to file additional 
written notifications disclosing all changes in membership.
    On November 13, 2015, MCDC 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 
January 6, 2016 (81 FR 513).
    The last notification was filed with the Department on April 24, 
2019. A

[[Page 42013]]

notice was published in the Federal Register pursuant to Section 6(b) 
of the Act on May 17, 2019 (84 FR 22520).

Suzanne Morris,
Chief, Premerger and Division Statistics Unit, Antitrust Division.
[FR Doc. 2019-17601 Filed 8-15-19; 8:45 am]
 BILLING CODE 4410-11-P
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