Notice of Lodging of Proposed Consent Decree Under CERCLA, 17407-17408 [2021-06872]
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Federal Register / Vol. 86, No. 62 / Friday, April 2, 2021 / Notices
33613. RFAA, App. 7, at 1 (Printout of
Registration database). Pursuant to this
registration, Registrant is authorized to
dispense controlled substances in
schedules II through V as a practitioner.
Id. Registrant’s registration is in
‘‘renewal pending’’ status. Id. at 1.
The Status of Registrant’s State License
On November 18, 2019, the Florida
Department of Health issued an Order of
Emergency Suspension of License
(hereinafter, Emergency Suspension).
RFAA, App. 4, at 1 and 3. According to
the Emergency Suspension, on or about
May 23, 2019, Registrant was found
guilty by the U.S. District Court for the
Middle District of Florida of one count
of Conspiracy to Distribute and
Dispense Controlled Substances, ‘‘not
for a legitimate medical purpose and not
in the course of professional practice in
violation of 21 U.S.C. 846.’’ Id. at 2.
According to the Emergency
Suspension, Florida State law provides
that the Florida Department of Health
shall issue an Emergency Suspension of
‘‘any person licensed under Chapter
458, Florida Statutes [ ], who pleads
guilty to, is convicted or found guilty of,
or who enters a plea of nolo contendere
to, regardless of adjudication, to [sic] a
felony under 21 U.S.C. 846.’’ Id. The
Emergency Suspension ordered
Registrant’s license to practice as a
physician to be ‘‘immediately
suspended.’’ Id. at 3.
According to Florida’s online records,
of which I take official notice,
Registrant’s license is still suspended.3
Florida Department of Health License
Verification, https://mqainternet.doh.state.fl.us/
MQASearchServices/
HealthCareProviders (last visited date of
signature of this Order). Florida’s online
records show that Registrant’s medical
license is under emergency suspension
and that Registrant is not authorized in
Florida to practice medicine. Id.
Accordingly, I find that Registrant
currently is not licensed to engage in the
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3 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 of
finding of fact within fifteen calendar days of the
date of this Order. Any such motion and response
shall be filed and served by email to the other party
and to Office of the Administrator, Drug
Enforcement Administration at
dea.addo.attorneys@dea.usdoj.gov.
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practice of medicine in Florida, the state
in which Registrant is registered with
the DEA.
Discussion
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
in the . . . dispensing of controlled
substances.’’ With respect to a
practitioner, the DEA has also long held
that the possession of authority to
dispense controlled substances under
the laws of the state in which a
practitioner engages in professional
practice is a fundamental condition for
obtaining and maintaining a
practitioner’s registration. See, e.g.,
James L. Hooper, M.D., 76 FR 71,371
(2011), pet. for rev. denied, 481 F. App’x
826 (4th Cir. 2012); Frederick Marsh
Blanton, M.D., 43 FR 27,616, 27,617
(1978).
This rule derives from the text of two
provisions of the CSA. First, Congress
defined the term ‘‘practitioner’’ to mean
‘‘a physician . . . or other person
licensed, registered, or otherwise
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 Florida statute, ‘‘A
practitioner, in good faith and in the
course of his or her professional practice
only, may prescribe, administer, [or]
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17407
dispense . . . a controlled substance.’’
Fla. Stat. Ann. § 893.05(1)(a) (West,
current with chapters from the 2020
Second Regular Session of the 26th
Legislature in effect through May 18,
2020). Further, ‘‘practitioner,’’ as
defined by Florida statute, includes ‘‘a
physician licensed under chapter 458.’’
Fla. Stat. Ann. § 893.02(23) (West,
current with chapters from the 2020
Second Regular Session of the 26th
Legislature in effect through May 18,
2020).4
Here, the undisputed evidence in the
record is that Registrant’s license to
practice medicine is currently
suspended. As such, he is not a
‘‘practitioner’’ as that term is defined by
Florida statute. As already discussed,
however, a physician must be a
practitioner to dispense a controlled
substance in Florida. Thus, because
Registrant lacks authority to practice
medicine in Florida, he is not currently
authorized to handle controlled
substances in Florida. Accordingly, I
will order that Registrant’s DEA
registration be revoked.
Order
Pursuant to 28 CFR 0.100(b) and the
authority vested in me by 21 U.S.C.
824(a), I hereby revoke DEA Certificate
of Registration No. FD0005593 issued to
Kendrick E. Duldulao. Further, pursuant
to 28 CFR 0.100(b) and the authority
vested in me by 21 U.S.C. 823(f), I
hereby deny any pending application of
Kendrick E. Duldulao to renew or
modify this registration, as well as any
other application of Kendrick E.
Duldulao, for additional registration in
Florida. This Order is effective May 3,
2021.
D. Christopher Evans,
Acting Administrator.
[FR Doc. 2021–06799 Filed 4–1–21; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under CERCLA
On March 29, 2021, the Department of
Justice lodged a proposed Consent
Decree with the United States District
Court for the Northern District of New
York in the lawsuit entitled United
States of America v. Cross Nicastro,
Civil Case No. 6:17–cv–00745–GTS–
ATB.
The proposed settlement resolves the
United States’ claims under Section 107
of the Comprehensive Environmental
Response, Compensation and Liability
4 Chapter
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458 regulates medical practice.
02APN1
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Federal Register / Vol. 86, No. 62 / Friday, April 2, 2021 / Notices
Act, 42 U.S.C. 9607, against Cross
Nicastro, for recovery of response costs
incurred at the Frankfort Asbestos
Superfund Site. The settlement also
resolves Defendant’s liability under
Section 106(b), 42 U.S.C. 9606(b), and
Section 107(c)(3), 42 U.S.C. 9607(c)(3).
The Site is located at 3720 Southside
Road (Old New York State 5S),
approximately one mile northwest of
the Town of Frankfort, in Herkimer
County, New York. Under the proposed
Consent Decree, Cross Nicastro will pay
$135,000 in past response costs, civil
penalties, and damages to resolve the
United States’ claims.
The publication of this notice opens
a period for public comment on the
Consent Decree. Comments should be
addressed to the Assistant Attorney
General, Environment and Natural
Resources Division, and should refer to
United States of America v. Cross
Nicastro, Case No. 6:17–cv–00745–
GTS–ATB, D.J. Ref. No. 90–11–3–10738/
3. 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 .........
jbell on DSKJLSW7X2PROD with NOTICES
During the public comment period,
the 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
Consent Decree upon written request
and payment of reproduction costs.
Please mail your request for a paper
copy 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 $5.75 (25 cents per page
reproduction cost), payable to the
United States Treasury.
Henry Friedman,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2021–06872 Filed 4–1–21; 8:45 am]
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DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2011–0196]
The Vinyl Chloride Standard;
Extension of the Office of Management
and Budget’s (OMB) Approval of
Information Collection (Paperwork)
Requirements
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Request for public comments.
AGENCY:
OSHA solicits public
comments concerning the proposal to
extend the Office of Management and
Budget’s (OMB) approval of the
information collection requirements
specified in the Vinyl Chloride
Standard.
SUMMARY:
Comments must be submitted
(postmarked, sent, or received) by June
1, 2021.
ADDRESSES:
Electronically: You may submit
comments, including attachments,
electronically at https://
www.regulations.gov, the Federal
eRulemaking Portal. Follow the
instructions online for submitting
comments.
Docket: To read or download
comments or other material in the
docket, go to https://
www.regulations.gov. Documents in the
docket are listed in the https://
www.regulations.gov index; however,
some information (e.g., copyrighted
material) is not publicly available to
read or download through the website.
All submissions, including copyrighted
material, are available for inspection
through the OSHA Docket Office.
Contact the OSHA Docket Office for
assistance in locating docket
submissions.
Instructions: All submissions must
include the agency name and the OSHA
docket number for this Federal Register
notice (OSHA–2011–0196). OSHA will
place comments and requests to speak,
including personal information, in the
public docket, which may be available
online. Therefore, OSHA cautions
interested parties about submitting
personal information such as Social
Security numbers and birthdates. For
further information on submitting
comments, see the ‘‘Public
Participation’’ heading in the section of
this notice titled SUPPLEMENTARY
INFORMATION.
FOR FURTHER INFORMATION CONTACT:
Seleda Perryman or Theda Kenney,
Directorate of Standards and Guidance,
DATES:
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OSHA, U.S. Department of Labor,
telephone (202) 693–2222.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Labor, as part of
the continuing effort to reduce
paperwork and respondent (i.e.,
employer) burden, conducts a
preclearance consultation program to
provide the public with an opportunity
to comment on proposed and
continuing collection of information in
accordance with the Paperwork
Reduction Act (PRA) (44 U.S.C.
3506(c)(2)(A)). This program ensures
that information is in the desired
format, reporting burden (time and
costs) is minimal, collection
instruments are clearly understood, and
OSHA’s estimate of the information
collection burden is accurate. The
Occupational Safety and Health Act of
1970 (OSH Act) (29 U.S.C. 651 et seq.)
authorizes information collection by
employers as necessary or appropriate
for enforcement of the Act or for
developing information regarding the
causes and prevention of occupational
injuries, illnesses, and accidents (29
U.S.C. 657). The OSH Act also requires
OSHA to obtain such information with
minimum burden upon employers,
especially those operating small
businesses, and to reduce to the
maximum extent feasible, unnecessary
duplication of efforts in obtaining
information (29 U.S.C. 657).
The Standard specifies a number of
paperwork requirements. The following
is a brief description of the collection of
information requirements contained in
the Vinyl Chloride (VC) Standard.
(A) Exposure Monitoring
(§ 1910.1017(d)) and (§ 1910.1017(n))
Paragraph 1910.1017(d)(2) requires
employers to conduct exposure
monitoring at least quarterly if the
results show that worker exposures are
above the permissible exposure limit
(PEL), while those exposed at or above
the Action Level (AL) must be
monitored no less than semiannually.
Paragraph (d)(3) requires that employers
perform additional monitoring
whenever there has been a change in VC
production, process, or control that may
result in an increase in the release of
VC.
(B) Written Compliance Plan
(§§ 1910.1017(f)(2) and (f)(3))
Paragraph (f)(2) requires employers
whose engineering and work practice
controls cannot sufficiently reduce
worker VC exposures to a level at or
below the PEL to develop and
implement a plan for doing so.
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[Federal Register Volume 86, Number 62 (Friday, April 2, 2021)]
[Notices]
[Pages 17407-17408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06872]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under CERCLA
On March 29, 2021, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the Northern
District of New York in the lawsuit entitled United States of America
v. Cross Nicastro, Civil Case No. 6:17-cv-00745-GTS-ATB.
The proposed settlement resolves the United States' claims under
Section 107 of the Comprehensive Environmental Response, Compensation
and Liability
[[Page 17408]]
Act, 42 U.S.C. 9607, against Cross Nicastro, for recovery of response
costs incurred at the Frankfort Asbestos Superfund Site. The settlement
also resolves Defendant's liability under Section 106(b), 42 U.S.C.
9606(b), and Section 107(c)(3), 42 U.S.C. 9607(c)(3). The Site is
located at 3720 Southside Road (Old New York State 5S), approximately
one mile northwest of the Town of Frankfort, in Herkimer County, New
York. Under the proposed Consent Decree, Cross Nicastro will pay
$135,000 in past response costs, civil penalties, and damages to
resolve the United States' claims.
The publication of this notice opens a period for public comment on
the Consent Decree. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, and
should refer to United States of America v. Cross Nicastro, Case No.
6:17-cv-00745-GTS-ATB, D.J. Ref. No. 90-11-3-10738/3. 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 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 Consent Decree upon written request and payment of reproduction
costs. Please mail your request for a paper copy 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 $5.75 (25 cents per page
reproduction cost), payable to the United States Treasury.
Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2021-06872 Filed 4-1-21; 8:45 am]
BILLING CODE 4410-15-P
