Notice Pursuant to the National Cooperative Research and Production Act Of 1993-AI Infrastructure Alliance, Inc., 55069 [2023-17345]
Download as PDF
<![CDATA[
Federal Register / Vol. 88, No. 155 / Monday, August 14, 2023 / Notices
DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act Of 1993—AI Infrastructure Alliance,
Inc.
Notice is hereby given that, on April
18, 2023, pursuant to section 6(a) of the
National Cooperative Research and
Production Act of 1993, 15 U.S.C. 4301
et seq. (‘‘the Act’’), AI Infrastructure
Alliance, Inc. (‘‘AIIA’’) 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, Kognic AB, Gothenburg,
SWEDEN; Manot, Inc., Glendale, CA;
Fennel AI, Menlo Park, CA; Arthur,
New York, NY; and MakinaRocks,
Seoul, SOUTH KOREA, have been
added as parties to this venture.
Also, Neuro Inc., San Francisco, CA;
and DataRobot, Inc., Boston, MA, have
withdrawn as parties to this venture.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 AIIA intends
to file additional written notifications
disclosing all changes in membership.
On January 5, 2022, AIIA 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 March 10, 2022 (87 FR 13759).
The last notification was filed with
the Department on January 20, 2023. A
notice was published in the Federal
Register pursuant to section 6(b) of the
Act on March 27, 2023 (88 FR 18179).
Suzanne Morris,
Deputy Director Civil Enforcement
Operations, Antitrust Division.
[FR Doc. 2023–17345 Filed 8–11–23; 8:45 am]
BILLING CODE P
DEPARTMENT OF JUSTICE
ddrumheller on DSK120RN23PROD with NOTICES1
Drug Enforcement Administration
David H. Marcowitz, D.O.; Decision and
Order
On January 11, 2023, the Drug
Enforcement Administration (DEA or
Government) issued an Order to Show
Cause (OSC) to David H. Marcowitz,
D.O. (Registrant). Request for Final
Agency Action (RFAA), Exhibit
VerDate Sep<11>2014
17:38 Aug 11, 2023
Jkt 259001
(RFAAX) 2, at 1, 3. The OSC proposed
the revocation of Registrant’s Certificate
of Registration No. FM6860818 at the
registered address of 17019 County
Farm Road, Rushville, Illinois 62681. Id.
at 1. The OSC alleged that Registrant’s
registration should be revoked because
Registrant is ‘‘currently without
authority to handle controlled
substances in Illinois, the state in which
[he is] registered with DEA.’’ Id. at 2
(citing 21 U.S.C. 824(a)(3)).
The OSC notified Registrant of his
right to file with DEA a written request
for hearing, and that if he failed to file
such a request, he would be deemed to
have waived his right to a hearing and
be in default. OSC, at 2 (citing 21 CFR
1301.43). Here, Registrant did not
request a hearing. RFAA, at 1.1 ‘‘A
default, unless excused, shall be
deemed to constitute a waiver of the
registrant’s/applicant’s right to a hearing
and an admission of the factual
allegations of the [OSC].’’ 21 CFR
1301.43(e).
Further, ‘‘[i]n the event that a
registrant . . . is deemed to be in
default . . . DEA may then file a request
for final agency action with the
Administrator, along with a record to
support its request. In such
circumstances, the Administrator may
enter a default final order pursuant to
[21 CFR] § 1316.67.’’ Id. § 1301.43(f)(1).
Here, the Government has requested
final agency action based on Registrant’s
default pursuant to 21 CFR 1301.43(c),
(f). See also id. § 1316.67.
Findings of Fact
The Agency finds that, in light of
Registrant’s default, the factual
allegations in the OSC are admitted.
According to the OSC, on September 9,
2021, both Registrant’s Illinois medical
license and Registrant’s Illinois
controlled substance license were
suspended. RFAAX 2, at 1.
According to Illinois’ online records,
of which the Agency takes official
notice, both Registrant’s Illinois medical
license and Registrant’s Illinois
controlled substance license remain
suspended.2 Illinois Department of
1 Based on the Government’s submissions in its
RFAA dated May 2, 2023, the Agency finds that
service of the OSC on Registrant was adequate.
Specifically, the included Declaration of a DEA
Diversion Investigator asserts that on January 11,
2023, Registrant was personally served with the
OSC at his private residence. RFAAX 3, at 1.
2 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
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
55069
Financial and Professional Regulation,
License Lookup, https://onlinedfpr.micropact.com/lookup/
licenselookup.aspx (last visited date of
signature of this Order). Therefore, the
Agency finds that Registrant is not
authorized to practice medicine nor to
handle controlled substances in Illinois,
the state in which he is registered with
DEA.
Discussion
Pursuant to 21 U.S.C. 824(a)(3), the
Attorney General is authorized to
suspend or revoke a registration issued
under 21 U.S.C. 823 ‘‘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, 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, D.O., 76 FR 71371
(2011), pet. for rev. denied, 481 F. App’x
826 (4th Cir. 2012); Frederick Marsh
Blanton, D.O., 43 FR 27616, 27617
(1978).3
party is entitled, on timely request, to an
opportunity to show the contrary.’’ Accordingly,
Registrant may dispute the Agency’s finding by
filing a properly supported motion for
reconsideration of findings 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 the DEA Office of
the Administrator, Drug Enforcement
Administration at dea.addo.attorneys@dea.gov.
3 This rule derives from the text of two provisions
of the Controlled Substances Act (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(g)(1) (this section,
formerly section 823(f), was redesignated as part of
the Medical Marijuana and Cannabidiol Research
Expansion Act, Pub. L. 117–215, 136 Stat. 2257
(2022)). Because Congress has clearly mandated that
a practitioner possess state authority in order to be
deemed a practitioner under the CSA, 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 71371–
72; Sheran Arden Yeates, D.O., 71 FR 39130, 39131
(2006); Dominick A. Ricci, D.O., 58 FR 51104, 51105
(1993); Bobby Watts, D.O., 53 FR 11919, 11920
(1988); Frederick Marsh Blanton, 43 FR 27617.
E:\FR\FM\14AUN1.SGM
14AUN1
]]>Agencies
[Federal Register Volume 88, Number 155 (Monday, August 14, 2023)]
[Notices]
[Page 55069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17345]
[[Page 55069]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National Cooperative Research and
Production Act Of 1993--AI Infrastructure Alliance, Inc.
Notice is hereby given that, on April 18, 2023, pursuant to section
6(a) of the National Cooperative Research and Production Act of 1993,
15 U.S.C. 4301 et seq. (``the Act''), AI Infrastructure Alliance, Inc.
(``AIIA'') 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, Kognic AB, Gothenburg, SWEDEN; Manot, Inc., Glendale, CA;
Fennel AI, Menlo Park, CA; Arthur, New York, NY; and MakinaRocks,
Seoul, SOUTH KOREA, have been added as parties to this venture.
Also, Neuro Inc., San Francisco, CA; and DataRobot, Inc., Boston,
MA, have withdrawn as parties 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 AIIA intends to file additional
written notifications disclosing all changes in membership.
On January 5, 2022, AIIA 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
March 10, 2022 (87 FR 13759).
The last notification was filed with the Department on January 20,
2023. A notice was published in the Federal Register pursuant to
section 6(b) of the Act on March 27, 2023 (88 FR 18179).
Suzanne Morris,
Deputy Director Civil Enforcement Operations, Antitrust Division.
[FR Doc. 2023-17345 Filed 8-11-23; 8:45 am]
BILLING CODE P
