Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response Compensation and Liability Act, 106592-106593 [2024-30882]
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Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices
practitioner in Tennessee, the state in
which he is registered with DEA.
ddrumheller on DSK120RN23PROD with NOTICES1
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. Gonzales v.
Oregon, 546 U.S. 243, 270 (2006) (‘‘The
Attorney General can register a
physician to dispense controlled
substances ‘if the applicant is
authorized to dispense . . . controlled
substances under the laws of the State
in which he practices.’ . . . The very
definition of a ‘practitioner’ eligible to
prescribe includes physicians ‘licensed,
registered, or otherwise permitted, by
the United States or the jurisdiction in
which he practices’ to dispense
controlled substances. § 802(21).’’). The
Agency has applied these principles
consistently. See, e.g., James L. Hooper,
M.D., 76 FR 71371, 71372 (2011), pet.
for rev. denied, 481 F. App’x 826 (4th
Cir. 2012); Frederick Marsh Blanton,
M.D., 43 FR 27616, 27617 (1978).3
According to Tennessee 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
3 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, M.D., 76 FR at 71371–72; Sheran
Arden Yeates, M.D., 71 FR 39130, 39131 (2006);
Dominick A. Ricci, M.D., 58 FR 51104, 51105
(1993); Bobby Watts, M.D., 53 FR 11919, 11,920
(1988); Frederick Marsh Blanton, M.D., 43 FR at
27617.
VerDate Sep<11>2014
23:58 Dec 27, 2024
Jkt 265001
the prescribing, administering,
packaging, labeling, or compounding
necessary to prepare the substance for
that delivery.’’ Tenn. Code Ann. § 39–
17–402(7) (2024). Further, a
‘‘practitioner’’ means ‘‘a physician . . .
or other person licensed, registered or
otherwise permitted to distribute,
dispense, conduct research with respect
to or administer a controlled substance
in the course of professional practice or
research in [the] state.’’ Id. § 39–17–
402(23)(A).
Here, the undisputed evidence in the
record is that Registrant lacks authority
to practice as a nurse practitioner in
Tennessee. As discussed above, an
individual must be a licensed
practitioner to dispense a controlled
substance in Tennessee. Thus, because
Registrant lacks authority to practice as
a nurse practitioner in Tennessee and,
therefore, is not authorized to handle
controlled substances in Tennessee,
Registrant is not eligible to maintain a
DEA registration. Accordingly, the
Agency will order that Registrant’s DEA
registration be revoked.
Order
Pursuant to 28 CFR0.100(b) and the
authority vested in me by 21 U.S.C.
824(a), I hereby revoke DEA Certificate
of Registration No. MY1093424, issued
to Jeffrey W. Young, Jr., N.P. Further,
pursuant to 28 CFR 0.100(b) and the
authority vested in me by 21 U.S.C.
823(g)(1), I hereby deny any pending
applications of Jeffrey W. Young, Jr.,
N.P., to renew or modify this
registration, as well as any other
pending application of Jeffrey W.
Young, Jr., N.P., for additional
registration in Tennessee. This Order is
effective January 29, 2025.
Signing Authority
This document of the Drug
Enforcement Administration was signed
on December 20, 2024, by Administrator
Anne Milgram. That document with the
original signature and date is
maintained by DEA. For administrative
purposes only, and in compliance with
requirements of the Office of the Federal
Register, the undersigned DEA Federal
Register Liaison Officer has been
authorized to sign and submit the
document in electronic format for
publication, as an official document of
DEA. This administrative process in no
way alters the legal effect of this
PO 00000
Frm 00187
Fmt 4703
Sfmt 4703
document upon publication in the
Federal Register.
Heather Achbach,
Federal Register Liaison Officer, Drug
Enforcement Administration.
[FR Doc. 2024–31329 Filed 12–27–24; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the
Comprehensive Environmental
Response Compensation and Liability
Act
On December 19, 2024, the
Department of Justice lodged a proposed
Consent Decree with the United States
District Court for the Western District of
Virginia in the lawsuit entitled United
States and Commonwealth of Virginia,
Secretary of Natural and Historic
Resources v. FMC Corporation, Civil
Action No. 5:24–CR–108.
The lawsuit was initiated by a
complaint filed by the United States and
the Commonwealth of Virginia (the
‘‘Trustees’’) in their capacity as the
legally designated trustees for natural
resources in Virginia. The complaint
alleged, inter alia, that the Defendant
was liable for damages for injury to,
destruction of, or loss of natural
resources resulting from the release of
hazardous substances at and from the
Avtex Fibers, Inc. Site (the ‘‘Site’’) in
Front Royal, Virginia, pursuant to three
statutes: the Comprehensive
Environmental Response, Compensation
and Liability Act of 1980, the Virginia
State Water Control Law, and the
Virginia Waste Management Act.
The Consent Decree resolves the
claims of the Trustees against the
Defendant for a total payment of
$1,674,361. Of this amount, $1,393,219
will be paid into the United States’
Natural Resource Damages Assessment
and Restoration ‘‘(NRDAR’’) Fund
managed by the U.S. Department of the
Interior, which will reimburse the
Department’s natural resource damages
assessment activities and fund projects
aimed at restoring the injured natural
resources at the Site. The remaining
$281,142 will be paid to the
Commonwealth of Virginia for
restoration of injured natural resources
arising from groundwater contamination
at the Site, and to reimburse the
Commonwealth’s natural resource
damages assessment costs. In addition,
as part of the settlement the United
States will pay $2,496,305 into the
NRDAR Fund to support restoration
projects. This latter amount will resolve
the alleged liability of four settling
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30DEN1
Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices
federal agencies—the U.S. Department
of Defense, the Department of
Commerce, the General Services
Administration, and the National
Aeronautics and Space
Administration—that allegedly
contributed to the natural resource
damages incurred at and from the Site.
In return for these payments, the United
States and the Commonwealth will
confer on the Defendant and the settling
federal agencies covenants not to sue for
natural resource damages known or
reasonably ascertainable as of the date
of lodging of the Consent Decree.
The publication of this notice opens
a period for public comment on the
proposed Consent Decree. Comments
should be addressed to the Assistant
Attorney General, Environment and
Natural Resources Division, and should
refer to United States and
Commonwealth of Virginia, Secretary of
Natural and Historic Resources v. FMC
Corporation, D.J. Ref. No. 90–11–3–
10912. All comments must be submitted
no later than thirty (30) days after the
publication date of this notice.
Comments may be submitted either by
email or by mail:
To submit
comments:
Send them to:
By email .......
pubcomment-ees.enrd@
usdoj.gov.
Assistant Attorney General,
U.S. DOJ–ENRD, P.O. Box
7611, Washington, DC
20044–7611.
By mail .........
During the public comment period,
the proposed Consent Decree may be
examined and downloaded at this
Justice Department website: https://
www.justice.gov/enrd/consent-decree/
us-et-al-v-fmc-corporation. If you
require assistance accessing the
proposed Consent Decree, you may
request assistance by email or by mail
to the addresses provided above for
submitting comments.
[FR Doc. 2024–30882 Filed 12–27–24; 8:45 am]
ddrumheller on DSK120RN23PROD with NOTICES1
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the Clean Air
Act
On December 19, 2024, the
Department of Justice lodged a proposed
Consent Decree with the United States
District Court for the Eastern District of
23:58 Dec 27, 2024
Jkt 265001
To submit
comments:
Send them to:
By email .......
pubcomment-ees.enrd@
usdoj.gov.
Assistant Attorney General,
U.S. DOJ—ENRD, P.O.
Box 7611, Washington, DC
20044–7611.
By mail .........
Jason A. Dunn,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
VerDate Sep<11>2014
Wisconsin in the lawsuit entitled
United States v. The Manitowoc
Company, Inc., et al., Civil Action No.
2:24–cv–1635.
The United States filed a Complaint,
on behalf of the United States
Environmental Protection Agency,
against The Manitowoc Company, Inc.
and its subsidiaries Grove U.S. L.L.C.
and Manitowoc Crane Group Germany
GMBH, alleging violations of sections
203(a) and 213(d) of the Clean Air Act,
42 U.S.C. 7522(a) and 7547(d), and
implementing regulations, by their
importation, introduction into
commerce, and sale of heavy nonroad
construction equipment containing
diesel engines that were not certified to
model year engine emission standards.
The Complaint also alleges violations of
labeling, bonding, and reporting
requirements and seeks civil penalties
and appropriate injunctive relief.
Under the proposed Consent Decree,
the Defendants will pay a civil penalty
of $42,600,000 and will complete a
project to mitigate harm caused by
excess nitrogen oxide and particulate
matter emissions from the noncompliant
engines.
The publication of this notice opens
a period for public comment on the
proposed Consent Decree. Comments
should be addressed to the Assistant
Attorney General, Environment and
Natural Resources Division, and should
refer to United States v. The Manitowoc
Company, Inc., et al., D.J. Ref. No. 90–
5–2–1–12216. All comments must be
submitted no later than thirty (30) days
after the publication date of this notice.
Comments may be submitted either by
email or by mail:
Any comments submitted in writing
may be filed by the United States in
whole or in part on the public court
docket without notice to the commenter.
During the public comment period,
the proposed Consent Decree may be
examined and downloaded at this
Justice Department website: https://
www.justice.gov/enrd/consent-decrees.
If you require assistance accessing the
proposed Consent Decree, you may
request assistance by email or by mail
PO 00000
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Fmt 4703
Sfmt 4703
106593
to the addresses provided above for
submitting comments.
Jason A. Dunn,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2024–30971 Filed 12–27–24; 8:45 am]
BILLING CODE P
DEPARTMENT OF LABOR
Employment and Training
Administration
Employment and Training
Administration Program Year 2024
Workforce Innovation and Opportunity
Act Section 167, National Farmworker
Jobs Program Final State Allotments
Employment and Training
Administration, Labor.
ACTION: Notice.
AGENCY:
This Notice announces final
allotments for the National Farmworker
Jobs Program (NFJP) Career Services and
Training grants for Program Year (PY)
2024, finalizing the preliminary
planning estimates provided in a prior
Federal Register notice.
DATES: The PY 2024 NFJP allotments are
effective for the grant period that began
July 1, 2024.
ADDRESSES: Questions on this notice can
be submitted via email to NFJP@dol.gov.
FOR FURTHER INFORMATION CONTACT:
Steven Rietzke, Chief, Division of
National Programs, Tools and Technical
Assistance, Office of Workforce
Investment, at 202–693–3980. (This is
not a toll-free number). If you are deaf,
hard of hearing, or have a speech
disability, please dial 7–1–1 to access
telecommunications relay services.
SUPPLEMENTARY INFORMATION: This
notice is published pursuant to Section
182(d) of the Workforce Innovation and
Opportunity Act, Prompt Allotment of
Funds.
SUMMARY:
I. Background
The Department is announcing final
allotments for the National Farmworker
Jobs Program (NFJP) Career Services and
Training (CST) grants for Program Year
(PY) 2024. Specifically, this notice
provides information on the amount of
funds available during PY 2024 to state
service areas awarded through the PY
2024 Funding Opportunity
Announcement (‘‘the FOA’’) for the
NFJP CST grants (FOA–ETA–24–15). In
distributing funds, the Employment and
Training Administration (ETA)
calculated allotments for CST grantees
through an administrative formula. The
E:\FR\FM\30DEN1.SGM
30DEN1
Agencies
[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Notices]
[Pages 106592-106593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30882]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the
Comprehensive Environmental Response Compensation and Liability Act
On December 19, 2024, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the Western
District of Virginia in the lawsuit entitled United States and
Commonwealth of Virginia, Secretary of Natural and Historic Resources
v. FMC Corporation, Civil Action No. 5:24-CR-108.
The lawsuit was initiated by a complaint filed by the United States
and the Commonwealth of Virginia (the ``Trustees'') in their capacity
as the legally designated trustees for natural resources in Virginia.
The complaint alleged, inter alia, that the Defendant was liable for
damages for injury to, destruction of, or loss of natural resources
resulting from the release of hazardous substances at and from the
Avtex Fibers, Inc. Site (the ``Site'') in Front Royal, Virginia,
pursuant to three statutes: the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, the Virginia State Water
Control Law, and the Virginia Waste Management Act.
The Consent Decree resolves the claims of the Trustees against the
Defendant for a total payment of $1,674,361. Of this amount, $1,393,219
will be paid into the United States' Natural Resource Damages
Assessment and Restoration ``(NRDAR'') Fund managed by the U.S.
Department of the Interior, which will reimburse the Department's
natural resource damages assessment activities and fund projects aimed
at restoring the injured natural resources at the Site. The remaining
$281,142 will be paid to the Commonwealth of Virginia for restoration
of injured natural resources arising from groundwater contamination at
the Site, and to reimburse the Commonwealth's natural resource damages
assessment costs. In addition, as part of the settlement the United
States will pay $2,496,305 into the NRDAR Fund to support restoration
projects. This latter amount will resolve the alleged liability of four
settling
[[Page 106593]]
federal agencies--the U.S. Department of Defense, the Department of
Commerce, the General Services Administration, and the National
Aeronautics and Space Administration--that allegedly contributed to the
natural resource damages incurred at and from the Site. In return for
these payments, the United States and the Commonwealth will confer on
the Defendant and the settling federal agencies covenants not to sue
for natural resource damages known or reasonably ascertainable as of
the date of lodging of the Consent Decree.
The publication of this notice opens a period for public comment on
the proposed Consent Decree. Comments should be addressed to the
Assistant Attorney General, Environment and Natural Resources Division,
and should refer to United States and Commonwealth of Virginia,
Secretary of Natural and Historic Resources v. FMC Corporation, D.J.
Ref. No. 90-11-3-10912. All comments must be submitted no later than
thirty (30) days after the publication date of this notice. Comments
may be submitted either by email or by mail:
------------------------------------------------------------------------
To submit comments: Send them to:
------------------------------------------------------------------------
By email............................ [email protected].
By mail............................. Assistant Attorney General, U.S.
DOJ-ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
------------------------------------------------------------------------
During the public comment period, the proposed Consent Decree may
be examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decree/us-et-al-v-fmc-corporation. If you
require assistance accessing the proposed Consent Decree, you may
request assistance by email or by mail to the addresses provided above
for submitting comments.
Jason A. Dunn,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2024-30882 Filed 12-27-24; 8:45 am]
BILLING CODE 4410-15-P