Notice of Lodging of Proposed Consent Decree Under the Clean Water Act, 15258 [2021-05824]
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15258
Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Notices
permitted, by . . . the jurisdiction in
which he practices . . . , to distribute,
dispense, . . . [or] administer . . . a
controlled substance in the course of
professional practice.’’ 21 U.S.C.
802(21). Second, in setting the
requirements for obtaining a
practitioner’s registration, Congress
directed that ‘‘[t]he Attorney General
shall register practitioners . . . if the
applicant is authorized to dispense . . .
controlled substances under the laws of
the State in which he practices.’’ 21
U.S.C. 823(f). Because Congress has
clearly mandated that a practitioner
possess state authority in order to be
deemed a practitioner under the CSA,
the DEA has held repeatedly that
revocation of a practitioner’s registration
is the appropriate sanction whenever he
is no longer authorized to dispense
controlled substances under the laws of
the state in which he practices. See, e.g.,
James L. Hooper, 76 FR at 71,371–72;
Sheran Arden Yeates, M.D., 71 FR
39,130, 39,131 (2006); Dominick A.
Ricci, M.D., 58 FR 51,104, 51,105 (1993);
Bobby Watts, M.D., 53 FR 11,919, 11,920
(1988); Frederick Marsh Blanton, 43 FR
at 27,617.
According to Mississippi statute,
‘‘except when dispensed directly by a
practitioner, other than a pharmacy, to
an ultimate user, no controlled
substance in Schedule II . . . may be
dispensed without the written valid
prescription of a practitioner,’’ and
‘‘except when dispensed directly by a
practitioner, other than a pharmacy, to
an ultimate user, a controlled substance
included in Schedule III or IV . . . shall
not be dispensed without a written or
oral valid prescription of a
practitioner.’’ Miss. Code Ann. § 41–29–
137(a)(1) and (b) (West 2020). Further,
‘‘a practitioner’’ is defined as ‘‘a
physician, dentist, veterinarian,
scientific investigator, optometrist . . .
or other person licensed, registered or
otherwise permitted to distribute,
dispense, conduct research with respect
to or to administer a controlled
substance in the course of professional
practice or research in this state.’’ Miss.
Code Ann. § 41–29–105(y)(1) (West
2020). Mississippi regulations define a
‘‘physician’’ to be ‘‘any person licensed
to practice medicine, osteopathic
medicine or podiatric medicine in the
state of Mississippi.’’ 30–2640 Miss.
Code R. § 1.2(C). The regulations further
state that ‘‘‘prescriptive authority’
means the legal authority of a
professional licensed to practice in the
state of Mississippi who prescribes
controlled substances and is registered
with the U.S. Drug Enforcement
Administration in compliance with
VerDate Sep<11>2014
18:46 Mar 19, 2021
Jkt 253001
Title 21 CFR, Part 1301 Food and
Drugs.’’ 30–2640 Miss. Code R. § 1.2(F).
Here, the undisputed evidence in the
record is that Respondent currently
lacks authority to practice medicine in
Mississippi. As already discussed, a
physician must be licensed to practice
medicine in order to have prescriptive
authority for a controlled substance in
Mississippi. Thus, because Respondent
lacks authority to practice medicine in
Mississippi and, therefore, is not
authorized to prescribe controlled
substances in Mississippi, Respondent
is not eligible to receive a DEA
registration. Accordingly, I will order
that Respondent’s application for a DEA
registration be denied.
Order
Pursuant to 28 CFR 0.100(b) and the
authority vested in me by 21 U.S.C.
823(f), I hereby order that the pending
application for a Certificate of
Registration, Control Number
H17068500C, submitted by Lawrence E.
Stewart, M.D., is denied, as well as any
other pending application of Lawrence
E. Stewart for additional registration in
Mississippi. This Order is effective
April 21, 2021.
D. Christopher Evans,
Acting Administrator.
[FR Doc. 2021–05845 Filed 3–19–21; 8:45 am]
Division, and should refer to United
States of America and State of Texas v.
San Antonio Water System, D.J. Ref. No.
90–5–1–1–09215. All comments must be
submitted no later than thirty (30) days
after the publication date of this notice.
Comments may be submitted either by
email or by mail:
To submit
comments:
Send them to:
By email .......
pubcomment-ees.enrd@
usdoj.gov.
Assistant Attorney General,
U.S. DOJ—ENRD, P.O.
Box 7611, Washington, DC
20044–7611.
By mail .........
During the public comment period,
the proposed Consent Decree may be
examined and downloaded at this
Justice Department website: https://
www.justice.gov/enrd/consent-decrees.
We will provide a paper copy of the
proposed Consent Decree upon written
request and payment of reproduction
costs. Please mail your request and
payment to: Consent Decree Library,
U.S. DOJ—ENRD, P.O. Box 7611,
Washington, DC 20044–7611.
Please enclose a check or money order
for $2.75 (25 cents per page
reproduction cost) payable to the United
States Treasury.
Kenneth Long,
Acting Assistant Section Chief,
Environmental Enforcement Section,
Environment and Natural Resources Division.
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the Clean Water
Act
[FR Doc. 2021–05824 Filed 3–19–21; 8:45 am]
On March 11, 2021, the Department of
Justice lodged a proposed Modified
Consent Decree with the United States
District Court for the Western District of
Texas in the lawsuit entitled United
States of America and State of Texas v.
San Antonio Water System Civil Action
No. 5:13–cv–00666.
The original consent decree requires
the San Antonio Water System (SAWS)
to implement remedial measures,
including construction project, to
alleviate capacity constraints on the
SAWS sewer system. The proposed
Modified Consent Decree extends the
deadline for SAWS to complete two
sewer main replacement construction
projects by less than 10 months. There
are no other changes from the original
consent decree.
The publication of this notice opens
a period for public comment on the
proposed Modified Consent Decree.
Comments should be addressed to the
Assistant Attorney General,
Environment and Natural Resources
DEPARTMENT OF LABOR
PO 00000
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BILLING CODE 4410–15–P
Employee Benefits Security
Administration
[Exemption Application Nos. L–12000 & L–
12001]
Proposed Exemption for Certain
Prohibited Transaction Restrictions
Involving the Electrical Insurance
Trustees Insurance Fund and the
Electrical Joint Apprenticeship and
Training Trust (the Plans or the
Applicants) Located in Alsip, IL
Employee Benefits Security
Administration, Labor.
ACTION: Notice of proposed exemption.
AGENCY:
This document provides
notice of the pendency before the
Department of Labor (the Department) of
a proposed individual exemption from
certain of the prohibited transaction
restrictions of the Employee Retirement
Income Security Act of 1974 (ERISA or
SUMMARY:
E:\FR\FM\22MRN1.SGM
22MRN1
]]>Agencies
[Federal Register Volume 86, Number 53 (Monday, March 22, 2021)]
[Notices]
[Page 15258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05824]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean
Water Act
On March 11, 2021, the Department of Justice lodged a proposed
Modified Consent Decree with the United States District Court for the
Western District of Texas in the lawsuit entitled United States of
America and State of Texas v. San Antonio Water System Civil Action No.
5:13-cv-00666.
The original consent decree requires the San Antonio Water System
(SAWS) to implement remedial measures, including construction project,
to alleviate capacity constraints on the SAWS sewer system. The
proposed Modified Consent Decree extends the deadline for SAWS to
complete two sewer main replacement construction projects by less than
10 months. There are no other changes from the original consent decree.
The publication of this notice opens a period for public comment on
the proposed Modified Consent Decree. Comments should be addressed to
the Assistant Attorney General, Environment and Natural Resources
Division, and should refer to United States of America and State of
Texas v. San Antonio Water System, D.J. Ref. No. 90-5-1-1-09215. All
comments must be submitted no later than thirty (30) days after the
publication date of this notice. Comments may be submitted either by
email or by mail:
------------------------------------------------------------------------
To submit comments: Send them to:
------------------------------------------------------------------------
By email............................ [email protected].
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
------------------------------------------------------------------------
During the public comment period, the proposed Consent Decree may
be examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of
the proposed Consent Decree upon written request and payment of
reproduction costs. Please mail your request and payment to: Consent
Decree Library, U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-
7611.
Please enclose a check or money order for $2.75 (25 cents per page
reproduction cost) payable to the United States Treasury.
Kenneth Long,
Acting Assistant Section Chief, Environmental Enforcement Section,
Environment and Natural Resources Division.
[FR Doc. 2021-05824 Filed 3-19-21; 8:45 am]
BILLING CODE 4410-15-P
