Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest, 17519-17520 [2024-05041]
Download as PDF
ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 48 / Monday, March 11, 2024 / Notices
22. Contra Costa WD, CVP, California:
Title transfer of lands and features of the
Contra Costa Canal System of the CVP.
23. Title transfer agreements;
California, Nevada, and Oregon:
Potential title transfers agreements
pursuant to the John D. Dingell, Jr.
Conservation, Management, and
Recreation Act of March 12, 2019 (Pub.
L. 116–9).
24. CVP, California: Operational
agreements, exchange agreements, and
contract amendments with non-federal
project entities as required for federal
participation in non-federal storage
projects pursuant to the WIIN Act.
25. Shasta County Water Agency,
CVP, California: Proposed partial
assignment of 400 acre-feet of the Shasta
County Water Agency’s CVP water
supply to the Shasta Community
Services District for M&I use.
26. Solano County Water Agency,
Solano Project, California: Renewal of
water service and OM&R contracts.
27. San Luis Canal Company, Central
California ID, Firebaugh Canal WD,
Columbia Canal Company (collectively
San Joaquin River Exchange
Contractors), CVP, California: Amend
1968 Second Amended Contract for
Exchange of Waters.
28. Napa County Flood Control and
Water Conservation District, Solano
Project, California: Renewal of long-term
water service contract for up to 1,500
acre-feet from Lake Berryessa.
29. San Juan WD, CVP, California:
Long-term Warren Act contract for up to
25,000 acre-feet annually for
conveyance through Folsom Reservoir
and associated facilities.
30. Klamath County Drainage Services
District, Klamath Project, Oregon:
Agreement for interim O&M of the 1–C
Canal.
31. Fresno Slough WD, CVP,
California: Proposed full assignment of
up to 4,000 acre-feet of Fresno Slough
WD’s CVP supply to Angiola WD.
32. Mercy Springs WD, CVP,
California: Proposed partial assignment
of up to 1,300 acre-feet of Mercy Springs
WD’s CVP water supply to Angiola WD.
33. Water user entities responsible for
payment of reimbursable costs for
Reclamation projects in California,
Nevada, and Oregon: Contracts to be
executed pursuant to title IX of the
Infrastructure Investment and Jobs Act
of November 15, 2021 (Pub. L. 117–58),
and/or contracts for XM pursuant to
Title IX, Subtitle G of Omnibus Public
Land Management Act of March 30,
2009 (Pub. L. 111–11). For more
information regarding the Bipartisan
Infrastructure Law go to https://
www.usbr.gov/bil/.
VerDate Sep<11>2014
18:24 Mar 08, 2024
Jkt 262001
34. Cachuma Project, California:
Negotiation and execution of a
repayment contract with the Cachuma
Operation and Maintenance Board for
SOD projects.
35. Klamath Project, Oregon:
Negotiation and execution of repayment
contract for Lost River Improvement
Channel Pipe Replacement Project.
36. CVP, California: Negotiation and
execution of repayment contract with
San Luis and Delta-Mendota Water
Authority for procurement and
installation of two additional pumps at
the Delta-Mendota Canal Intertie.
Christopher Beardsley,
Director, Mission Assurance and Protection
Organization.
[FR Doc. 2024–05123 Filed 3–8–24; 8:45 am]
BILLING CODE 4332–90–P
INTERNATIONAL TRADE
COMMISSION
Notice of Receipt of Complaint;
Solicitation of Comments Relating to
the Public Interest
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has received a complaint
regarding Certain Dynamic Random
Access Memory Device and Product
Containing Same, DN 3729; the
Commission is soliciting comments on
any public interest issues raised by the
complaint or complainant’s filing
pursuant to the Commission’s Rules of
Practice and Procedure.
FOR FURTHER INFORMATION CONTACT: Lisa
R. Barton, Secretary to the Commission,
U.S. International Trade Commission,
500 E Street SW, Washington, DC
20436, telephone (202) 205–2000. The
public version of the complaint can be
accessed on the Commission’s
Electronic Document Information
System (EDIS) at https://edis.usitc.gov.
For help accessing EDIS, please email
EDIS3Help@usitc.gov.
General information concerning the
Commission may also be obtained by
accessing its internet server at United
States International Trade Commission
(USITC) at https://www.usitc.gov. The
public record for this investigation may
be viewed on the Commission’s
Electronic Document Information
System (EDIS) at https://edis.usitc.gov.
Hearing-impaired persons are advised
that information on this matter can be
obtained by contacting the
Commission’s TDD terminal on (202)
205–1810.
SUMMARY:
PO 00000
Frm 00148
Fmt 4703
Sfmt 4703
17519
The
Commission has received a complaint
and a submission pursuant to § 210.8(b)
of the Commission’s Rules of Practice
and Procedure filed on behalf of
Complainant Wen T. Lin on March 4,
2024. The complaint alleges violations
of section 337 of the Tariff Act of 1930
(19 U.S.C. 1337) in the importation into
the United States, the sale for
importation, and the sale within the
United States after importation of
certain dynamic random access memory
device and product containing same.
The complaint names as a respondent:
Etron Technology, Inc. of Taiwan. The
complainant requests that the
Commission issue an exclusion order
and a cease and desist order.
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
SUPPLEMENTARY INFORMATION:
E:\FR\FM\11MRN1.SGM
11MRN1
ddrumheller on DSK120RN23PROD with NOTICES1
17520
Federal Register / Vol. 89, No. 48 / Monday, March 11, 2024 / Notices
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, notwithstanding § 201.14(a)
of the Commission’s Rules of Practice
and Procedure. No other submissions
will be 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.
3729’’) 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
1 Handbook for Electronic Filing Procedures:
https://www.usitc.gov/documents/handbook_on_
filing_procedures.pdf.
VerDate Sep<11>2014
18:24 Mar 08, 2024
Jkt 262001
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),
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: March 5, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024–05041 Filed 3–8–24; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 22–51]
Mark Fenzl, D.O.; Decision and Order
On August 11, 2022, the Drug
Enforcement Administration (DEA or
Government) issued an Order to Show
Cause (OSC) and Immediate Suspension
Order (ISO) to Mark Fenzl, M.D.
(Respondent), of Florida immediately
suspending and seeking to revoke his
DEA Certificate of Registration, Control
No. FF7471840, and alleging that his
‘‘continued registration is inconsistent
with the public interest.’’ OSC, at 1
(citing 21 U.S.C. 823(g)(1) 1).
A hearing was held before DEA
Administrative Law Judge Teresa A.
Wallbaum (the ALJ). On April 10, 2023,
the ALJ issued her Recommended
Rulings, Findings of Fact, Conclusions
of Law, and Decision (RD), which
recommended that the Agency revoke
Respondent’s registration. RD, at 40.
Respondent did not timely file
exceptions to the RD.2 Having reviewed
2 All contract personnel will sign appropriate
nondisclosure agreements.
3 Electronic Document Information System
(EDIS): https://edis.usitc.gov.
1 Effective December 2, 2022, the Medical
Marijuana and Cannabidiol Research Expansion
Act, Public Law 117–215, 136 Stat. 2257 (2022)
(Marijuana Research Amendments or MRA),
amended the Controlled Substances Act (CSA) and
other statutes. Relevant to this matter, the MRA
redesignated 21 U.S.C. 823(f), cited in the OSC, as
21 U.S.C. 823(g)(1). Accordingly, this Decision cites
to the current designation, 21 U.S.C. 823(g)(1), and
to the MRA-amended CSA throughout.
2 On May 8, 2023, after the deadline to file
exceptions passed and the ALJ certified the record
to the Administrator, Respondent submitted a
document entitled ‘‘Appeal to the Drug
Enforcement Agency Administrator.’’ Respondent’s
document appears to be an untimely attempt to file
exceptions to the RD. See 21 CFR 1316.66(a),
1316.67. On that basis, they were not considered in
this Decision. Further, even if these exceptions had
PO 00000
Frm 00149
Fmt 4703
Sfmt 4703
the entire record, the Agency, except as
noted below,3 adopts and hereby
incorporates by reference the entirety of
the ALJ’s rulings, credibility findings,4
findings of fact, conclusions of law, and
recommended sanction in the RD and
summarizes, expands upon, and
clarifies portions thereof herein.
I. Findings of Fact
The Agency finds from clear,
unequivocal, and convincing evidence
that Respondent committed numerous
failures in his prescribing conduct that
fell below the standard of care in
Florida. Specifically, the Agency finds
that from June 2020 through April 2022,
Respondent issued controlled
substances to Patients J.H., C.K., G.K.,
and J.K. without a legitimate medical
purpose, outside the usual course of
professional practice, and beneath the
standard of care in Florida. See RD, at
17–30.
Florida Standard of Care
Dr. Lynch provided expert testimony
on the applicable standard of care for
prescribing controlled substances in
Florida.5 RD, at 6–7, 11–17; Tr. 141–
been timely submitted, they contain arguments
raised by Respondent in earlier filings that were
addressed by the ALJ, lack the required specific and
complete citations to the record, are contradicted or
unsupported by the record, and/or otherwise lack
merit. Accordingly, the Agency finds these
untimely exceptions to be unpersuasive. See
Yogeshwar Gill, M.D., 88 FR 55,076, 55,076 n.3
(2023).
3 See footnote 14, infra.
4 The Agency adopts the ALJ’s summary of each
of the witnesses’ testimonies as well as the ALJ’s
assessment of each of the witnesses’ credibility. See
RD, at 3–11. The Agency agrees with the ALJ that
the testimony by the Diversion Investigator (DI),
which focused on the investigative steps completed
in the case and establishing the foundations for
many of the exhibits received into the record, was
sufficiently detailed, plausible, and internally
consistent to be afforded full credibility. See id. at
5–6. The Agency also agrees with the ALJ’s
assessment that Dr. Paul Lynch, M.D., the
Government’s expert witness, was reliable and
persuasive. See id. at 6. His testimony was based
on extensive relevant experience and consistent
with applicable Florida law, and Respondent was
unpersuasive in his efforts to challenge Dr. Lynch’s
objectivity and reliability. See id. at 7. Regarding
Respondent’s testimony, the Agency adopts the
ALJ’s assessment that although Respondent testified
candidly, his recollection was unreliable and at
times contradicted by documentary evidence. See
id. at 11. Therefore, the ALJ appropriately gave his
testimony limited weight. See id. at 11. As the ALJ
noted, Respondent’s testimony on Florida’s
standard of care was vague, and he characterized
pain management as an ‘‘area of weakness’’ for him.
See id. at 11 (quoting Tr. 516–17). Accordingly,
consistent with the ALJ’s findings, to the extent that
Respondent disagreed with Dr. Lynch’s testimony
regarding the Florida standard of care governing
pain management, the Agency gives controlling
weight to Dr. Lynch’s testimony. See id. at 11.
5 The Agency adopts and incorporates by
reference the entirety of the ALJ’s findings
regarding the standard of care in Florida and the
related summary of Dr. Lynch’s expert testimony.
E:\FR\FM\11MRN1.SGM
11MRN1
Agencies
[Federal Register Volume 89, Number 48 (Monday, March 11, 2024)]
[Notices]
[Pages 17519-17520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05041]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
Notice of Receipt of Complaint; Solicitation of Comments Relating
to the Public Interest
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has received a complaint regarding Certain Dynamic Random
Access Memory Device and Product Containing Same, DN 3729; the
Commission is soliciting comments on any public interest issues raised
by the complaint or complainant's filing pursuant to the Commission's
Rules of Practice and Procedure.
FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the
Commission, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2000. The public version of
the complaint can be accessed on the Commission's Electronic Document
Information System (EDIS) at https://edis.usitc.gov. For help accessing
EDIS, please email [email protected].
General information concerning the Commission may also be obtained
by accessing its internet server at United States International Trade
Commission (USITC) at https://www.usitc.gov. The public record for this
investigation may be viewed on the Commission's Electronic Document
Information System (EDIS) at https://edis.usitc.gov. Hearing-impaired
persons are advised that information on this matter can be obtained by
contacting the Commission's TDD terminal on (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission has received a complaint and
a submission pursuant to Sec. 210.8(b) of the Commission's Rules of
Practice and Procedure filed on behalf of Complainant Wen T. Lin on
March 4, 2024. The complaint alleges violations of section 337 of the
Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United
States, the sale for importation, and the sale within the United States
after importation of certain dynamic random access memory device and
product containing same. The complaint names as a respondent: Etron
Technology, Inc. of Taiwan. The complainant requests that the
Commission issue an exclusion order and a cease and desist order.
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 Sec. 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
[[Page 17520]]
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, notwithstanding Sec. 201.14(a)
of the Commission's Rules of Practice and Procedure. No other
submissions will be 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. 3729'') in a prominent
place on the cover page and/or the first page. (See Handbook for
Electronic Filing Procedures, Electronic Filing Procedures \1\).
---------------------------------------------------------------------------
\1\ Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf.
---------------------------------------------------------------------------
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 paper-based filings or paper copies of any electronic
filings will be accepted until further notice. Persons with questions
regarding filing should contact the Secretary at [email protected].
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\
---------------------------------------------------------------------------
\2\ All contract personnel will sign appropriate nondisclosure
agreements.
\3\ Electronic Document Information System (EDIS): https://edis.usitc.gov.
---------------------------------------------------------------------------
This action is taken under the authority of section 337 of the
Tariff Act of 1930, as amended (19 U.S.C. 1337), and of Sec. Sec.
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: March 5, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-05041 Filed 3-8-24; 8:45 am]
BILLING CODE 7020-02-P