Advisory Committee on Criminal Rules; Meeting of the Judicial Conference, 8038-8039 [2022-02960]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 8038 Federal Register / Vol. 87, No. 29 / Friday, February 11, 2022 / Notices Inc. of Charlotte, NC; and Hand Held Products, Inc. of Charlotte, NC. The complainant requests that the Commission issue a limited exclusion order, cease and desist orders, and impose a bond upon respondents alleged infringing articles during the 60day Presidential review period pursuant to 19 U.S.C. 1337(j). Proposed respondents, other interested parties, and members of the public are invited to file comments on any public interest issues raised by the complaint or § 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers. In particular, the Commission is interested in comments that: (i) Explain how the articles potentially subject to the requested remedial orders are used in the United States; (ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders; (iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) indicate whether complainant, complainant’s licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and (v) explain how the requested remedial orders would impact United States consumers. Written submissions on the public interest must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation. Any written submissions on other issues must also be filed by no later than the close of business, eight calendar days after publication of this notice in the Federal Register. Complainant may file replies to any written submissions no later than three calendar days after the date on which any initial submissions were due. No other submissions will be VerDate Sep<11>2014 17:29 Feb 10, 2022 Jkt 256001 accepted, unless requested by the Commission. Any submissions and replies filed in response to this Notice are limited to five (5) pages in length, inclusive of attachments. Persons filing written submissions must file the original document electronically on or before the deadlines stated above. Submissions should refer to the docket number (‘‘Docket No. 3603’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures 1). Please note the Secretary’s Office will accept only electronic filings during this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https:// edis.usitc.gov). No in-person paperbased filings or paper copies of any electronic filings will be accepted until further notice. Persons with questions regarding filing should contact the Secretary at EDIS3Help@usitc.gov. Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this Investigation may be disclosed to and used: (i) By the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel,2 solely for cybersecurity purposes. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS.3 This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), 1 Handbook for Electronic Filing Procedures: https:/www.usitc.gov/documents/handbook_on_ filing_procedures.pdf. 2 All contract personnel will sign appropriate nondisclosure agreements. 3 Electronic Document Information System (EDIS): https://edis.usitc.gov PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 and of §§ 201.10 and 210.8(c) of the Commission’s Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)). By order of the Commission. Issued: February 7, 2022. Lisa Barton, Secretary to the Commission. [FR Doc. 2022–02925 Filed 2–10–22; 8:45 am] BILLING CODE 7020–02–P JUDICIAL CONFERENCE OF THE UNITED STATES Committee on Rules of Practice and Procedure; Meeting of the Judicial Conference Judicial Conference of the United States. ACTION: Committee on Rules of Practice and Procedure; Notice of open meeting. AGENCY: The Committee on Rules of Practice and Procedure will hold a meeting on June 7, 2022 in Washington, DC. The meeting is open to the public for observation but not participation. An agenda and supporting materials will be posted at least 7 days in advance of the meeting at: https://www.uscourts.gov/ rules-policies/records-rules-committees/ agenda-books. DATES: June 7, 2022. FOR FURTHER INFORMATION CONTACT: Bridget Healy, Esq., Acting Chief Counsel, Rules Committee Staff, Administrative Office of the U.S. Courts, Thurgood Marshall Federal Judiciary Building, One Columbus Circle NE, Suite 7–300, Washington, DC 20544, Phone (202) 502–1820, RulesCommittee_Secretary@ ao.uscourts.gov. SUMMARY: (Authority: 28 U.S.C. 2073.) Dated: February 8, 2022. Shelly L. Cox, Management Analyst, Rules Committee Staff. [FR Doc. 2022–02964 Filed 2–10–22; 8:45 am] BILLING CODE 2210–55–P JUDICIAL CONFERENCE OF THE UNITED STATES Advisory Committee on Criminal Rules; Meeting of the Judicial Conference Judicial Conference of the United States. ACTION: Advisory Committee on Criminal Rules; notice of open meeting. AGENCY: The Advisory Committee on Criminal Rules will hold a meeting on April 28, 2022 in Washington, DC. The meeting is open to the public for SUMMARY: E:\FR\FM\11FEN1.SGM 11FEN1 Federal Register / Vol. 87, No. 29 / Friday, February 11, 2022 / Notices observation but not participation. An agenda and supporting materials will be posted at least 7 days in advance of the meeting at: https://www.uscourts.gov/ rules-policies/records-rules-committees/ agenda-books. DATES: April 28, 2022. FOR FURTHER INFORMATION CONTACT: Bridget Healy, Esq., Acting Chief Counsel, Rules Committee Staff, Administrative Office of the U.S. Courts, Thurgood Marshall Federal Judiciary Building, One Columbus Circle NE, Suite 7–300, Washington, DC 20544, Phone (202) 502–1820, RulesCommittee_Secretary@ ao.uscourts.gov. (Authority: 28 U.S.C. 2073.) Dated: February 8, 2022. Shelly L. Cox, Management Analyst, Rules Committee Staff. [FR Doc. 2022–02960 Filed 2–10–22; 8:45 am] BILLING CODE 2210–55–P JUDICIAL CONFERENCE OF THE UNITED STATES Judicial Conference of the United States. AGENCY: Advisory Committee on Evidence Rules; notice of open meeting. ACTION: The Advisory Committee on Evidence Rules will hold a meeting on May 6, 2022 in Washington, DC. The meeting is open to the public for observation but not participation. An agenda and supporting materials will be posted at least 7 days in advance of the meeting at: https://www.uscourts.gov/ rules-policies/records-rules-committees/ agenda-books. SUMMARY: May 6, 2022. lotter on DSK11XQN23PROD with NOTICES1 FOR FURTHER INFORMATION CONTACT: Bridget Healy, Esq., Acting Chief Counsel, Rules Committee Staff, Administrative Office of the U.S. Courts, Thurgood Marshall Federal Judiciary Building, One Columbus Circle NE, Suite 7–300, Washington, DC 20544, Phone (202) 502–1820, RulesCommittee_Secretary@ ao.uscourts.gov. (Authority: 28 U.S.C. 2073.) Dated: February 8, 2022. Shelly L. Cox, Management Analyst, Rules Committee Staff. [FR Doc. 2022–02963 Filed 2–10–22; 8:45 am] BILLING CODE 2210–55–P VerDate Sep<11>2014 17:29 Feb 10, 2022 Jkt 256001 Drug Enforcement Administration [Docket No. 20–03] John X. Qian, M.D.; Decision and Order On November 18, 2019, a former Acting Administrator, Drug Enforcement Administration (hereinafter, DEA or Government), issued an Order to Show Cause and Immediate Suspension of Registration (hereinafter, OSC/ISO) to John X. Qian, M.D. (hereinafter, Respondent). Administrative Law Judge Exhibit (hereinafter, ALJX) 1 (Order to Show Cause), at 1. The OSC proposed the revocation of Respondent’s Certificates of Registration Nos. FQ7186174, FQ7906968, and BQ7364970, and denial of the pending application for a new DEA Certificate of Registration (hereinafter, COR or registration), Application No. W18124091C, pursuant to 21 U.S.C. 824(a)(4) ‘‘because [his] continued registration is inconsistent with the public interest. . . .’’ Id. (citing 21 U.S.C. 823(f)). I. Procedural History Advisory Committee on Evidence Rules; Meeting of the Judicial Conference DATES: DEPARTMENT OF JUSTICE The OSC alleged that ‘‘from at least early 2017, through at least April 29, 2019,1 [Respondent] unlawfully issued or approved the issuance of prescriptions for controlled substances’’ to three patients ‘‘that were not for a legitimate medical purpose, were beneath the standard of care for the practice of medicine in the State of California, and were not issued in the usual course of professional medical practice.’’ Id. at 5. The OSC alleged violations of 21 U.S.C. 841(a) and 842(a); 21 CFR 1306.04(a); Cal. Health & Safety §§ 11153(a), 11154(a); and Cal. Bus. § Prof. §§ 725(a), 22334, and 2242(a). Id. Pursuant to 21 U.S.C. 824(d) and 21 CFR 1301.36(e), the former Acting Administrator immediately suspended Respondent’s Certificate of Registration, found ‘‘that [Respondent’s] continued registration [was] inconsistent with the public interest’’ and that ‘‘continued registration while [the] proceedings are pending constitutes an imminent danger to the public health or safety.’’ Id. at 13. Pursuant to 21 U.S.C. 824(f) and 21 CFR 1301.36(f), the former Acting Administrator authorized DEA Special Agents (hereinafter, SA) and Diversion Investigators (hereinafter, DI) serving the OSC on Respondent to place under seal or to remove for safekeeping all 1 In the Prehearing Statement, the Government clarified the relevant time period to be between early 2017 and ‘‘late 2019.’’ ALJX 4, at 15. PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 8039 controlled substances that Respondent possessed pursuant to the suspended registrations and to take the registrations themselves. Id. The OSC notified Respondent of the right to either request a hearing on the allegations or submit a written statement in lieu of exercising the right to a hearing, the procedures for electing each option, and the consequences for failing to elect either option. Id. at 13 (citing 21 CFR 1301.43). By letter dated November 21, 2019, Respondent timely requested a hearing.2 ALJX 2 (Request for Hearing), at 1. The matter was placed on the docket of the Office of Administrative Law Judges and was assigned to Mark M. Dowd (hereinafter, ALJ). In addition to the traditional procedural history, the parties filed robust Joint Stipulations of Facts, ALJX 10 (Joint Stipulations of Facts), and the Government filed several Motions in Limine, which I will briefly summarize here. The first, a Motion in Limine to Exclude Second Expert Witness, ALJX 11, sought to exclude the testimony of a second expert witness identified a week before the hearing in this matter was scheduled to begin. Id. at 1. The ALJ found good cause for the Respondent’s delay and agreed to permit both of Respondent’s experts to testify so long as the testimony was not cumulative or repetitive. ALJX 12 (Order Granting in Part Government’s Motion in Limine and to Exclude Evidence). Respondent ended up calling only the later-added expert witness to testify. The second was a Motion in Limine to Exclude Character Witnesses, ALJX 13, which alleged that the dozen character witnesses that Respondent proposed could only offer testimony that was either irrelevant or duplicative. ALJX 13. The ALJ did not grant the Government’s motion, but he did limit the number of witnesses who could discuss Respondent’s character and dispensing experience to three patients and four medical professionals and limited the scope of the testimony to what was relevant to the hearing. Transcript of Proceedings in the Matter of John X. Qian, M.D. (hereinafter, Tr.), 7–10. In the end, Respondent did not call any witnesses for these purposes but instead presented documentary evidence. During the hearing, the Government filed a Motion in Limine to Strike Testimony and Evidence, ALJX 18, related to Respondent’s treatment of E.N. that predated the medical records provided to the Government in response to a subpoena (which began in July 2012). ALJX 18, at 1. The ALJ 2 I find that the Government’s service of the OSC was adequate. E:\FR\FM\11FEN1.SGM 11FEN1

Agencies

Judicial Conference of the United States

[Federal Register Volume 87, Number 29 (Friday, February 11, 2022)]
[Notices]
[Pages 8038-8039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02960]


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JUDICIAL CONFERENCE OF THE UNITED STATES


Advisory Committee on Criminal Rules; Meeting of the Judicial 
Conference

AGENCY: Judicial Conference of the United States.

ACTION: Advisory Committee on Criminal Rules; notice of open meeting.

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SUMMARY: The Advisory Committee on Criminal Rules will hold a meeting 
on April 28, 2022 in Washington, DC. The meeting is open to the public 
for

[[Page 8039]]

observation but not participation. An agenda and supporting materials 
will be posted at least 7 days in advance of the meeting at: https://www.uscourts.gov/rules-policies/records-rules-committees/agenda-books.

DATES: April 28, 2022.

FOR FURTHER INFORMATION CONTACT: Bridget Healy, Esq., Acting Chief 
Counsel, Rules Committee Staff, Administrative Office of the U.S. 
Courts, Thurgood Marshall Federal Judiciary Building, One Columbus 
Circle NE, Suite 7-300, Washington, DC 20544, Phone (202) 502-1820, 
[email protected].

(Authority: 28 U.S.C. 2073.)

    Dated: February 8, 2022.
Shelly L. Cox,
Management Analyst, Rules Committee Staff.
[FR Doc. 2022-02960 Filed 2-10-22; 8:45 am]
BILLING CODE 2210-55-P

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