Frozen Warmwater Shrimp From Ecuador, India, Indonesia, and Vietnam; Revised Schedule for the Subject Investigations, 66138-66139 [2024-18086]

Download as PDF ddrumheller on DSK120RN23PROD with NOTICES1 66138 Federal Register / Vol. 89, No. 157 / Wednesday, August 14, 2024 / Notices 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, 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. 3766’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing VerDate Sep<11>2014 18:22 Aug 13, 2024 Jkt 262001 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), 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: August 9, 2024. Lisa Barton, Secretary to the Commission. [FR Doc. 2024–18132 Filed 8–13–24; 8:45 am] BILLING CODE P 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 00109 Fmt 4703 Sfmt 4703 INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–699–702 and 731–TA–1659–1660 (Final)] Frozen Warmwater Shrimp From Ecuador, India, Indonesia, and Vietnam; Revised Schedule for the Subject Investigations United States International Trade Commission. ACTION: Notice. AGENCY: DATES: August 8, 2024. FOR FURTHER INFORMATION CONTACT: Calvin Chang (202–205–3062), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearingimpaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for these investigations may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: On May 30, 2024, the Commission established a schedule for the conduct of the final phase of the subject investigations (89 FR 53444, June 26, 2024). Subsequently, the U.S. Department of Commerce (‘‘Commerce’’) issued a memorandum tolling certain statutory and regulatory deadlines by a total of seven days (Memorandum to the Record, Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings, July 22, 2024). The Commission, therefore, is revising its schedule to conform with Commerce’s new schedule. The Commission’s revised dates in the schedule are as follows. The prehearing staff report in the final phase of these investigations will be placed in the nonpublic record on October 7, 2024, and a public version will be issued thereafter, pursuant to § 207.22 of the Commission’s rules. The deadline for filing prehearing briefs is 5:15 p.m. on October 7, 2024; if a brief contains business proprietary information, a nonbusiness proprietary version is due the following business day. The prehearing conference will be held at the U.S. International Trade Commission Building at 9:30 a.m. on October 18, 2024, if deemed necessary. Parties shall file and serve written E:\FR\FM\14AUN1.SGM 14AUN1 Federal Register / Vol. 89, No. 157 / Wednesday, August 14, 2024 / Notices testimony and presentation slides in connection with their presentation at the hearing by no later than 4:00 p.m. on October 21, 2024. The hearing will be held at the U.S. International Trade Commission Building at 9:30 a.m. on October 22, 2024. The deadline for filing posthearing briefs is October 29, 2024. Any person who has not entered an appearance as a party to the investigations may submit a written statement of information pertinent to the subject of the investigations, including statements of support or opposition to the petition(s), on or before October 29, 2024. On November 12, 2024, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before November 14, 2024. The deadline for filing appearances is 21 days before the hearing. For further information concerning this proceeding, see the Commission’s notice cited above and the Commission’s Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.21 of the Commission’s rules. By order of the Commission. Issued: August 8, 2024. Lisa Barton, Secretary to the Commission. [FR Doc. 2024–18086 Filed 8–13–24; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Drug Enforcement Administration ddrumheller on DSK120RN23PROD with NOTICES1 Robert Rowen, M.D.; Decision and Order On May 23, 2023, the Drug Enforcement Administration (DEA or Government) issued an Order to Show Cause (OSC) to Robert Rowen M.D. (Registrant). Request for Final Agency Action (RFAA), Exhibit (RFAAX) 1, at 1, 3. The OSC proposed the revocation of Registrant’s Certification of Registration No. AR9231919 at the registered address of 2200 County Center Dr., Ste. C, Santa Rosa, CA 95403. Id. at 1. The OSC alleged that Registrant’s registration should be revoked because Registrant is ‘‘currently without authority to prescribe, administer, dispense, or otherwise handle controlled substances in the State of California, the state in VerDate Sep<11>2014 18:22 Aug 13, 2024 Jkt 262001 which [he is] is registered with DEA.’’ Id. at 2 (citing 21 U.S.C. 824(a)(3)).1 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. Id. (citing 21 CFR 1301.43). Here, Registrant did not request a hearing. RFAA, at 2.2 ‘‘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), 1301.46. RFAA, at 1; see also 21 CFR 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, effective September 1, 2022, the Medical Board of California suspended Registrant’s California medical license. RFAAX 1, at 1. According to California online records, of which the Agency takes official notice, Registrant’s California medical license has since been revoked.3 California DCA License 1 According to Agency records, Registrant’s registration expired on April 30, 2024. The fact that a registrant allows his registration to expire during the pendency of an OSC does not impact the Agency’s jurisdiction or prerogative under the Controlled Substances Act (CSA) to adjudicate the OSC to finality. Jeffrey D. Olsen, M.D., 84 FR 68474, 68476–79 (2019). 2 Based on the Government’s submissions in its RFAA dated October 16, 2023, the Agency finds that service of the OSC on Registrant was adequate. Specifically, the submitted Declaration from a DEA Diversion Investigator (DI) indicates that Registrant was personally served with the OSC on May 24, 2023. RFAAX 2, at 1. The DI also stated in his Declaration that he personally witnessed Registrant sign and date a duplicate copy of the OSC to verify receipt. Id.; see also id. at 5. 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, PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 66139 Search, https://search.dca.ca.gov (last visited date of signature of this Order). Accordingly, the Agency finds that Registrant is not licensed to practice medicine in California, 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, 71372 (2011), pet. for rev. denied, 481 F. App’x 826 (4th Cir. 2012); Frederick Marsh Blanton, D.O., 43 FR 27616, 27617 (1978).4 According to California statute, ‘‘dispense’’ means ‘‘to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, furnishing, packaging, labeling, or compounding necessary to prepare the substance for that delivery.’’ Cal. Health & Safety Code section 11010 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. 4 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(g)(1). 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, 11120 (1988); Frederick Marsh Blanton, 43 FR 27617. E:\FR\FM\14AUN1.SGM 14AUN1

Agencies

[Federal Register Volume 89, Number 157 (Wednesday, August 14, 2024)]
[Notices]
[Pages 66138-66139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18086]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-699-702 and 731-TA-1659-1660 (Final)]


Frozen Warmwater Shrimp From Ecuador, India, Indonesia, and 
Vietnam; Revised Schedule for the Subject Investigations

AGENCY: United States International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

DATES: August 8, 2024.

FOR FURTHER INFORMATION CONTACT: Calvin Chang (202-205-3062), Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436. Hearing-impaired persons can obtain information 
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special 
assistance in gaining access to the Commission should contact the 
Office of the Secretary at 202-205-2000. General information concerning 
the Commission may also be obtained by accessing its internet server 
(https://www.usitc.gov). The public record for these investigations may 
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: On May 30, 2024, the Commission established 
a schedule for the conduct of the final phase of the subject 
investigations (89 FR 53444, June 26, 2024). Subsequently, the U.S. 
Department of Commerce (``Commerce'') issued a memorandum tolling 
certain statutory and regulatory deadlines by a total of seven days 
(Memorandum to the Record, Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings, July 22, 2024). The Commission, 
therefore, is revising its schedule to conform with Commerce's new 
schedule.
    The Commission's revised dates in the schedule are as follows. The 
prehearing staff report in the final phase of these investigations will 
be placed in the nonpublic record on October 7, 2024, and a public 
version will be issued thereafter, pursuant to Sec.  207.22 of the 
Commission's rules. The deadline for filing prehearing briefs is 5:15 
p.m. on October 7, 2024; if a brief contains business proprietary 
information, a nonbusiness proprietary version is due the following 
business day. The prehearing conference will be held at the U.S. 
International Trade Commission Building at 9:30 a.m. on October 18, 
2024, if deemed necessary. Parties shall file and serve written

[[Page 66139]]

testimony and presentation slides in connection with their presentation 
at the hearing by no later than 4:00 p.m. on October 21, 2024. The 
hearing will be held at the U.S. International Trade Commission 
Building at 9:30 a.m. on October 22, 2024. The deadline for filing 
posthearing briefs is October 29, 2024. Any person who has not entered 
an appearance as a party to the investigations may submit a written 
statement of information pertinent to the subject of the 
investigations, including statements of support or opposition to the 
petition(s), on or before October 29, 2024. On November 12, 2024, the 
Commission will make available to parties all information on which they 
have not had an opportunity to comment. Parties may submit final 
comments on this information on or before November 14, 2024. The 
deadline for filing appearances is 21 days before the hearing.
    For further information concerning this proceeding, see the 
Commission's notice cited above and the Commission's Rules of Practice 
and Procedure, part 201, subparts A through E (19 CFR part 201), and 
part 207, subparts A and C (19 CFR part 207).
    Authority: These investigations are being conducted under authority 
of title VII of the Tariff Act of 1930; this notice is published 
pursuant to Sec.  207.21 of the Commission's rules.

    By order of the Commission.

    Issued: August 8, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-18086 Filed 8-13-24; 8:45 am]
BILLING CODE 7020-02-P
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