Notice Pursuant to the National Cooperative Research and Production Act of 1993-Rust Foundation, 82634-82635 [2024-23620]
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Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Notices
LLC, Sterling, VA, have been added as
parties to this venture.
Also, Avaya Federal Solutions,
Fairfax, VA; Bowhead Professional
Solutions LLC, Springfield, VA;
ClearShark LLC, Hanover, MD;
Computer Technologies Consultants,
Inc., McLean, VA; Dux Global, Inc. dba
EXEPRON, Lafayette, LA; Ellis & Watts
Global Industries, Inc., Batavia, OH;
Ericsson, Inc., Plano, TX; Exium, Inc.,
Allen, TX; Federated Wireless, Inc.,
Arlington, VA; Feith Systems &
Software, Inc., Fort Washington, PA;
Home2Office Computing Solutions, Inc.
dba C3 Networx, San Diego, CA; INDUS
Technology, Inc., San Diego, CA;
InterSystems Corp., Cambridge, MA; IT
Consulting Partners LLC, Jackson, WY;
McAfee Public Sector LLC, Columbia,
MD; MFGS, Inc., McLean, VA;
MicroStrategy Services Corp., Vienna,
VA; Octo Consulting Group, Inc.,
Reston, VA; Perspecta, Inc., Chantilly,
VA; ReefPoint Group LLC, Annapolis,
MD; SecureG, Inc., Herndon, VA;
Sertainty Corp., Nashville, TN;
ThunderCat Technology LLC, Reston,
VA; Two Six Labs LLC, Arlington, VA;
Ultramain Systems, Inc., Albuquerque,
NM; and Ventech Solutions, Inc.,
Columbus, OH, have withdrawn as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 IWRP intends
to file additional written notifications
disclosing all changes in membership.
On October 15, 2018, IWRP 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 October 23, 2018 (83 FR 53499).
The last notification was filed with
the Department on April 3, 2024. A
notice was published in the Federal
Register pursuant to section 6(b) of the
Act on June 21, 2024 (89 FR 52097).
Suzanne Morris,
Deputy Director Civil Enforcement
Operations, Antitrust Division.
[FR Doc. 2024–23603 Filed 10–10–24; 8:45 am]
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ddrumheller on DSK120RN23PROD with NOTICES1
DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—Mobile Satellite Services
Association
Notice is hereby given that, on July
23, 2024, pursuant to section 6(a) of the
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National Cooperative Research and
Production Act of 1993, 15 U.S.C. 4301
et seq. (‘‘the Act’’), Mobile Satellite
Services Association (‘‘MSSA’’) 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, Digital Locations Inc.,
Watchung, NJ; ULAK HABERLESME
A.S., Çankaya, TURKEY; and Druid
Software, Bray, IRELAND, have joined
as parties to the venture.
No other changes have been made in
either the membership or the planned
activity of the venture. Membership in
MSSA remains open and MSSA intends
to file additional written notifications
disclosing all changes in membership.
On April 26, 2024, the Joint Venture
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 June 21, 2024 (89 FR
52089).
Suzanne Morris,
Deputy Director Civil Enforcement
Operations, Antitrust Division.
[FR Doc. 2024–23590 Filed 10–10–24; 8:45 am]
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DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—Pistoia Alliance, Inc.
Notice is hereby given that, on August
21, 2024, pursuant to section 6(a) of the
National Cooperative Research and
Production Act of 1993, 15 U.S.C. 4301
et seq. (the ‘‘Act’’), Pistoia Alliance, Inc.
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, Osthus GmbH, Aachen,
GERMANY; QunaSys, Bunkyo, JAPAN;
BioLizard, Gent, BELGIUM; and
Medable, Palo Alto, CA, 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
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project remains open, and Pistoia
Alliance, Inc. intends to file additional
written notifications disclosing all
changes in membership.
On May 28, 2009, Pistoia Alliance,
Inc. 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 July 15, 2009
(74 FR 34364).
The last notification was filed with
the Department on May 28, 2024. The
Department of Justice published a notice
in the Federal Register pursuant to
section 6(b) of the Act on June 28, 2024
(89 FR 54046).
Suzanne Morris,
Deputy Director Civil Enforcement
Operations, Antitrust Division.
[FR Doc. 2024–23618 Filed 10–10–24; 8:45 am]
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DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—Rust Foundation
Notice is hereby given that, on August
12, 2024, pursuant to section 6(a) of the
National Cooperative Research and
Production Act of 1993, 15 U.S.C. 4301
et seq. (‘‘the Act’’), Rust Foundation 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, Accelerant Limited, Lower
Hutt, NEW ZEALAND; Astral Software
Inc., Brooklyn, NY; and Zed Industries,
Denver, CO, have been added as parties
to this venture.
Also, ParaState Labs, Inc., Lewes, DE,
has withdrawn as a party 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 Rust
Foundation intends to file additional
written notifications disclosing all
changes in membership.
On April 14, 2022, Rust Foundation
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 May 13, 2022 (87 FR
29384).
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Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Notices
The last notification was filed with
the Department on June 3, 2024. A
notice was published in the Federal
Register pursuant to section 6(b) of the
Act on June 24, 2024 (89 FR 52509).
Suzanne Morris,
Deputy Director Civil Enforcement
Operations, Antitrust Division.
[FR Doc. 2024–23620 Filed 10–10–24; 8:45 am]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Michael Berman, D.O.; Decision and
Order
ddrumheller on DSK120RN23PROD with NOTICES1
On July 6, 2023, the Drug
Enforcement Administration (DEA or
Government) issued an Order to Show
Cause (OSC) to Michael Berman, D.O.,
of Rancho Mirage, California
(Registrant). Request for Final Agency
Action (RFAA), Exhibit (RFAAX) 1,
Attachment A, at 1, 10. The OSC
proposed the revocation of Registrant’s
DEA Certificate of Registration
(registration) No. BB3337905, alleging
that Registrant has committed such acts
as would render his registration
inconsistent with the public interest. Id.
at 2–3 (citing 21 U.S.C. 823(g)(1),
824(a)(4)).
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. at 8–9 (citing 21 CFR
1301.43). Here, Registrant did not
request a hearing. RFAA, at 2.1 ‘‘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
1 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 Declaration from a DEA Diversion
Investigator (DI) indicates that on July 12, 2023, the
DI personally left a copy of the OSC along with her
business card at Registrant’s registered address.
RFAAX 1, at 1–2. The DI also stated in her
Declaration that on August 22, 2023, Registrant’s
attorney contacted her and noted that Registrant
received the OSC and business card. Id. at 2.
Additionally, the Declaration from a DEA Group
Supervisor (GS) indicates that on July 14, 2023, the
GS sent a copy of the OSC via certified mail to
Registrant’s registered address and emailed a copy
of the OSC to Registrant’s registered email address.
RFAAX 2, at 2; see also id., at Attachment A.
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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.
I. Findings of Fact
The Agency finds that, in light of
Registrant’s default, the factual
allegations in the OSC are admitted.2
Registrant is deemed to have admitted,
and the Agency finds, that from at least
January 12, 2021, through at least
August 26, 2021, Registrant issued
numerous controlled substance
prescriptions to undercover DEA Task
Force Officers without first conducting
an appropriate evaluation, performing a
physical examination, taking a patient
history, establishing a proper medical
justification, or obtaining informed
consent. RFAAX 1, Attachment A, at 2–
8. Registrant further admits, and the
Agency finds, that after prescribing,
Registrant failed to properly monitor the
undercovers by appropriately
addressing red flags of abuse and
diversion. Id.
A. Prescribing to UC1
Between January 12, 2021, and
August 26, 2021, Registrant issued
prescriptions for mixed amphetamine
salts 30 mg, a Schedule II stimulant, and
hydrocodone/acetaminophen 10/325
mg, a Schedule II opioid, to an
undercover DEA Task Force Officer
(UC1). RFAAX 1, Attachment A, at 3.
On January 12, 2021, February 18,
2021, April 2, 2021, and June 24, 2021,
Registrant prescribed UC1 mixed
amphetamine salts 30 mg to treat
Attention Deficit Hyperactivity Disorder
(ADHD), but repeatedly did so without
conducting an appropriate evaluation.
Id. at 3–5. Specifically, Registrant: (1)
failed, during the initial visit, to address
UC1’s ADHD questionnaire, despite
UC1 reporting minimal symptoms of
ADHD; (2) repeatedly failed to perform
adequate physical examinations of UC1;
and (3) repeatedly failed to take a
patient history. Id. Accordingly,
Registrant repeatedly failed to establish
a proper medical justification for
prescribing mixed amphetamine salts to
UC1. Id. Registrant also repeatedly
failed to obtain UC1’s informed consent
by informing UC1 of the benefits, risks,
and reasons for prescribing mixed
amphetamine salts. Id.
2 The Agency need not adjudicate the criminal
violations alleged in the instant OSC. Ruan v.
United States, 142 S. Ct. 2,370 (2022) (decided in
the context of criminal proceedings).
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82635
On July 23, 2021, and August 26,
2021, Registrant prescribed UC1 mixed
amphetamine salts 30 mg and
hydrocodone/acetaminophen 10/325
mg, but in both instances did so without
conducting an appropriate evaluation.
Id. at 5–6. In both instances, Registrant
again failed to perform an adequate
physical examination of UC1 and failed
to take a patient history. Id.
Accordingly, Registrant failed in both
instances to establish a proper medical
justification for prescribing mixed
amphetamine salts and hydrocodone/
acetaminophen to UC1. Id. Registrant
also failed in both instances to obtain
UC1’s informed consent by informing
UC1 of the benefits, risks, and reasons
for prescribing mixed amphetamine
salts and hydrocodone/acetaminophen.
Id.
Throughout Registrant’s treatment of
UC1, Registrant failed to properly
monitor UC1’s medication compliance
and failed to appropriately address red
flags of abuse and/or diversion. Id. at 3–
6. Specifically, when UC1 tested
negative for all drugs on a urine drug
test, despite reporting that he/she was
taking mixed amphetamine salts and
hydrocodone/acetaminophen, Registrant
failed to discuss the test results with
UC1. Id. at 3. Further, Registrant
repeatedly failed to address UC1’s
regular receipt of the highest dosages of
oxycodone, hydrocodone/, alprazolam,
carisoprodol, and mixed amphetamine
salts from different physicians, as
indicated on the California Controlled
Substance Utilization, Review and
Evaluation System (CURES). Id. at 3–6.3
Finally, when provided with UC1’s
prior medical file, Registrant failed to
address the diversion red flag that UC1
tried hydrocodone/acetaminophen and
carisoprodol (‘‘Soma’’) that he/she had
obtained from a friend. Id. at 5.
B. Prescribing to UC2
Between February 9, 2021, and April
20, 2021, Registrant issued prescriptions
for mixed amphetamine salts 30 mg to
an undercover DEA Special Agent
(UC2). Id. at 6.
On February 9, 2021, March 10, 2021,
and April 20, 2021, Registrant
prescribed UC2 mixed amphetamine
3 Registrant also failed to address that: (1) UC1
received hydrocodone/acetaminophen from a
different physician between the January 12, 2021,
and February 18, 2021 visits; (2) UC1 received
alprazolam, hydrocodone/acetaminophen, and
mixed amphetamine salts from different physicians
between the February 18, 2021, and April 2, 2021
visits; and (3) UC1 received alprazolam,
hydrocodone/acetaminophen, and mixed
amphetamine salts from different physicians
between the April 2, 2021, and June 24, 2021 visits.
Id. at 4–5.
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]]>Agencies
[Federal Register Volume 89, Number 198 (Friday, October 11, 2024)]
[Notices]
[Pages 82634-82635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23620]
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DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National Cooperative Research and
Production Act of 1993--Rust Foundation
Notice is hereby given that, on August 12, 2024, pursuant to
section 6(a) of the National Cooperative Research and Production Act of
1993, 15 U.S.C. 4301 et seq. (``the Act''), Rust Foundation 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, Accelerant
Limited, Lower Hutt, NEW ZEALAND; Astral Software Inc., Brooklyn, NY;
and Zed Industries, Denver, CO, have been added as parties to this
venture.
Also, ParaState Labs, Inc., Lewes, DE, has withdrawn as a party 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 Rust Foundation intends to file
additional written notifications disclosing all changes in membership.
On April 14, 2022, Rust Foundation 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 May 13, 2022 (87 FR 29384).
[[Page 82635]]
The last notification was filed with the Department on June 3,
2024. A notice was published in the Federal Register pursuant to
section 6(b) of the Act on June 24, 2024 (89 FR 52509).
Suzanne Morris,
Deputy Director Civil Enforcement Operations, Antitrust Division.
[FR Doc. 2024-23620 Filed 10-10-24; 8:45 am]
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