81 FR 44050 - Sunshine Act Meeting
DEPARTMENT OF JUSTICE
Foreign Claims Settlement Commission Federal Register Volume 81, Issue 129 (July 6, 2016)
Foreign Claims Settlement Commission
Federal Register Volume 81, Issue 129 (July 6, 2016)
| Page Range | 44050-44051 | |
| FR Document | 2016-16091 |
[Federal Register Volume 81, Number 129 (Wednesday, July 6, 2016)] [Notices] [Pages 44050-44051] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-16091] ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Foreign Claims Settlement Commission [F.C.S.C. Meeting and Hearing Notice No. 6-16] Sunshine Act Meeting The Foreign Claims Settlement Commission, pursuant to its regulations [[Page 44051]] (45 CFR part 503.25) and the Government in the Sunshine Act (5 U.S.C. 552b), hereby gives notice in regard to the scheduling of open meetings as follows: Wednesday, July 13, 2016: 10:00 a.m.--Issuance of Proposed Decisions in claims against Iraq. 11:00 a.m.--Issuance of Proposed Decisions in claims against Libya. Status: Open. All meetings are held at the Foreign Claims Settlement Commission, 600 E Street NW., Washington, DC. Requests for information, or advance notices of intention to observe an open meeting, may be directed to: Patricia M. Hall, Foreign Claims Settlement Commission, 600 E Street NW., Suite 6002, Washington, DC 20579. Telephone: (202) 616-6975. Brian M. Simkin, Chief Counsel. [FR Doc. 2016-16091 Filed 7-1-16; 4:15 pm] BILLING CODE 4410-ba-P
![44050 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices
and that a final hearing ‘‘has yet to be the State in which [s]he practices.’’ 21 remains free to challenge the allegations
scheduled.’’ Id. (citation omitted). U.S.C. 823(f). Because Congress has raised by the State before the Board, and
Respondent admits that she is not clearly mandated that a practitioner in the event she prevails, she can
currently authorized to prescribe any possess state authority in order to be immediately apply for a new DEA
medications in Texas. Id. at 3. She deemed a practitioner under the Act, registration.
contends, however, that because the DEA has long held that revocation of a Accordingly, because it is undisputed
temporary suspension ‘‘is not a final practitioner’s registration is the that Respondent’s Texas Advanced
order’’ of the Board, DEA’s authority appropriate sanction whenever she is no Practice Nursing License and
under 21 U.S.C. 824(a)(3) must be longer authorized to dispense controlled Prescription Authority remains
considered in light of the its authority substances under the laws of the State suspended, I find that she no longer has
under subsection 824(d), the provision in which she practices medicine. See, authority under the laws of Texas, the
which authorizes the Attorney General e.g., Calvin Ramsey, 76 FR 20034, 20036 State in which she is registered, to
to suspend a registration based upon a (2011); Sheran Arden Yeates, M.D., 71 dispense controlled substances.
finding of imminent danger to public FR 39130, 39131 (2006); Dominick A. Therefore, she is not entitled to
health or safety. Id. Respondent thus Ricci, 58 FR 51104, 51105 (1993); Bobby maintain her DEA registration.
argues that because a suspension under Watts, 53 FR 11919, 11920 (1988). Accordingly, I will order that her
section 824(d) ‘‘runs until the This is so even where, as here, the registration be revoked and that any
conclusion of such proceeding, state board has imposed a suspension of pending applications be denied.
including judicial review, . . . the a practitioner’s dispensing authority Order
principle of comity . . . suggest[s] that prior to providing a hearing and the
while a suspension of [her] registration practitioner has yet to be afforded the Pursuant to the authority vested in me
may be appropriate [contingent on the opportunity to challenge the basis of the by 21 U.S.C. 823(f) and 824(a), as well
outcome of the Board proceeding], a state board’s action. See, Ramsey 76 FR as 28 CFR 0.100(b), I order that DEA
revocation is not appropriate.’’ Id. at 20036 (citations omitted). As the Certificate of Registration MB1907611,
Agency previously explained: ‘‘Under issued to Prianglam Brooks, N.P., be,
Discussion and it hereby is, revoked. I further order
the CSA, it does not matter whether the
Pursuant to 21 U.S.C. 824(a)(3), the suspension is for a fixed term or for a that any application of Prianglam
Attorney General is authorized to Brooks, N.P., to renew or modify this
duration which has yet to be determined
suspend or revoke a registration issued registration, be, and it hereby is, denied.
because it is continuing pending the
under section 823 of this title, ‘‘upon a This Order is effective immediately.2
outcome of a state proceeding. Rather,
finding that the registrant . . . has had Dated: June 27, 2016.
what matters—as DEA has repeatedly
[her] State license . . . suspended . . . Chuck Rosenberg,
held—is whether Respondent is without
by competent State authority and is no
authority under [state] law to dispense Acting Administrator.
longer authorized by State law to engage
a controlled substance.’’ Bourne [FR Doc. 2016–15955 Filed 7–5–16; 8:45 am]
in the . . . dispensing of controlled
Pharmacy, Inc., 72 FR 18273, 18274 BILLING CODE 4410–09–P
substances.’’ Also, DEA has long held
(2007) (citation omitted). Cf. James L.
that the possession of authority to
dispense controlled substances under Hooper, 76 FR 71371 (2011) (collecting
cases); Blanton, 43 FR 27616 (1978) DEPARTMENT OF JUSTICE
the laws of the State in which a
practitioner engages in professional (revoking registration of physician
whose medical license had been Foreign Claims Settlement
practice is a fundamental condition for Commission
obtaining and maintaining a suspended for one year, but thereafter,
practitioner’s registration. See, e.g., would have his license restored subject [F.C.S.C. Meeting and Hearing Notice No.
Frederick Marsh Blanton, 43 FR 27616, to probationary conditions; ‘‘[a]s a result 6–16]
27617 (1978) (‘‘State authorization to of the suspension of his medical license,
the [r]espondent is no longer authorized Sunshine Act Meeting
dispense or otherwise handle controlled
substances is a prerequisite to the to dispense or otherwise handle The Foreign Claims Settlement
issuance and maintenance of a Federal controlled substances under the laws of Commission, pursuant to its regulations
controlled substances registration.’’); Florida. Accordingly . . . the
James L. Hooper, 76 FR 71371 (2011), [r]espondent’s DEA registration must be the Agency’s authority to immediately suspend a
pet. for rev. denied, 481 Fed. Appx. 826 revoked’’). See also Rezik A. Saqer, 81 DEA registration, ‘‘simultaneously with the
FR 22122, 22126 (2016). institution of proceedings under’’ section 824(a),
(4th Cir. 2012). based upon a finding that a registrant poses ‘‘an
This rule derives from the text of two Because the CSA clearly makes the imminent danger to public health or safety.’’ The
provisions of the Controlled Substances. possession of state authority a condition provision says nothing about the Agency’s authority
First, Congress defined ‘‘the term for maintaining a practitioner’s where a registrant’s state authority has been
registration, it is of no consequence that suspended prior to hearing. Section 824(a) does,
‘practitioner’ [to] mean[ ] a . . . however, and while it provides the Attorney
physician . . . or other person licensed, the Texas Board’s temporary suspension General with discretionary authority to suspend or
registered or otherwise permitted, by order is not a final order of the Board. revoke upon making one or more of the five
. . . the jurisdiction in which [s]he As for her contention that the principle enumerated findings, for the reasons explained
of comity suggests that I should impose above, the specific provisions that apply to
practices . . . to distribute, dispense, practitioners establish that a registrant who loses
[or] administer . . . a controlled a suspension rather than a revocation, her state authority no longer meets the definition
substance in the course of professional revoking her registration in no manner of a practitioner and cannot retain her registration
interferes with the Texas Board’s even in a suspended status.
ehiers on DSK5VPTVN1PROD with NOTICES
practice.’’ 21 U.S.C. 802(21). Second, in 2 For the same reasons which led the Nursing
setting the requirements for obtaining a authority to adjudicate the allegations it
Board to conclude that the continued practice of
practitioner’s registration, Congress has raised against her.1 Respondent nursing by Respondent constitutes ‘‘a continuing
directed that ‘‘[t]he Attorney General and imminent threat to public welfare’’ and to order
1 Respondent’s invocation of 21 U.S.C. 824(d) the summary suspension of Respondent’s licenses,
shall register practitioners . . . if the provides no support for her contention that comity I conclude that the public interest necessitates that
applicant is authorized to dispense . . . suggests that I suspend rather than revoke her this Order be effective immediately. 21 CFR
controlled substances under the laws of registration. That provision governs the exercise of 1316.67.
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![Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44051
(45 CFR part 503.25) and the Dr. Ing. h.c. F. Porsche AG, and Porsche United States, California, and certain of
Government in the Sunshine Act (5 Cars North America, Inc. alleging that the defendants, namely, Volkswagen
U.S.C. 552b), hereby gives notice in the defendants violated Sections AG, Volkswagen Group of America, Inc.,
regard to the scheduling of open 203(a)(1), (2), (3)(A), and (3)(B) of the Volkswagen Group of America
meetings as follows: Clean Air Act (‘‘Act’’), 42 U.S.C. Chattanooga Operations, LLC, and Audi
Wednesday, July 13, 2016: 10:00 7522(a)(1), (2), (3)(A), and (3)(B), with AG (collectively, ‘‘Volkswagen’’). The
a.m.—Issuance of Proposed Decisions in regard to approximately 500,000 model Decree partially resolves the
claims against Iraq. year 2009 to 2015 motor vehicles governments’ claims for injunctive relief
11:00 a.m.—Issuance of Proposed containing 2.0 liter diesel engines (2.0 with respect to the 2.0 Liter Subject
Decisions in claims against Libya. Liter Subject Vehicles) and Vehicles, by providing remedies for the
Status: Open. approximately 80,000 model year 2009 cars on the road and the environmental
All meetings are held at the Foreign to 2016 motor vehicles containing 3.0 harm from the violations. It does not
Claims Settlement Commission, 600 E liter diesel engines (3.0 Liter Subject address the governments’ claims, inter
Street NW., Washington, DC. Requests Vehicles). The United States’ complaint alia, for prospective injunctive relief to
for information, or advance notices of alleges that each 2.0 and 3.0 Liter prevent future violations of the same
intention to observe an open meeting, Subject Vehicle contains computer type that are alleged in the complaints,
may be directed to: Patricia M. Hall, algorithms that are prohibited defeat claims for civil penalties, or claims
Foreign Claims Settlement Commission, devices that cause the emissions control regarding the 3.0 liter Subject Vehicles.
600 E Street NW., Suite 6002, system of those vehicles to perform Because the Decree only addresses 2.0
Washington, DC 20579. Telephone: differently during normal vehicle Liter Subject Vehicles, and the Porsche
(202) 616–6975. operation and use than during defendants only manufacture 3.0 liter
Brian M. Simkin, emissions testing. The complaint alleges diesel vehicles for the United States
Chief Counsel. that the defeat devices cause the market, no claims against the Porsche
[FR Doc. 2016–16091 Filed 7–1–16; 4:15 pm]
vehicles, during normal vehicle defendants are settled under this
operation and use, to emit levels of Decree.
BILLING CODE 4410–ba–P
oxides of nitrogen (‘‘NOX’’) significantly Under the Decree, Volkswagen must
in excess of EPA-compliant levels. The offer all Eligible Owners and Lessees of
DEPARTMENT OF JUSTICE complaint seeks, among other things, Eligible Vehicles (all as defined in
injunctive relief to remedy the Appendix A to the Decree) the option to
Notice of Lodging of Proposed Partial violations, including mitigation of have Volkswagen buy back their cars or
Consent Decree Under the Clean Air excess NOX emissions, and civil to terminate their leases at no cost. In
Act penalties. addition, the Decree permits
On June 27, 2016, the People of the Volkswagen to submit for EPA and
On June 28, 2016, the Department of State of California (‘‘California’’), by and CARB review and approval, a proposal
Justice lodged a proposed Partial through the California Air Resources for modifying the 2.0 Liter Subject
Consent Decree with the United States Board (‘‘CARB’’) and the California Vehicles to reduce emissions. If EPA
District Court for the Northern District Attorney General filed a complaint and CARB approve an emissions
of California in the lawsuit entitled In against defendants alleging that modification for any category of the 2.0
re: Volkswagen ‘‘Clean Diesel’’ defendants violated Cal. Health & Safety Liter Subject Vehicles, Volkswagen
Marketing, Sales Practices, and Code §§ 43106, 43107, 43151, 43152, must also offer all Eligible Owners and
Products Liability Litigation, Case No: 43153, 43205, 43211, and 43212; Cal. Lessees of an Eligible Vehicle the
MDL No. 2672 CRB (JSC), partially Code Regs. tit. 13, §§ 1903, 1961, 1961.2, additional option of receiving an
resolving Clean Air Act and various 1965, 1968.2, and 2037, and 40 CFR emissions modification in lieu of a
California claims (including under the Sections incorporated by reference in buyback. Volkswagen must achieve a
California Health and Safety Code) those California regulations; Cal. Bus. & recall rate (through the buyback, lease
against Volkswagen Group of America, Prof. Code §§ 17200 et seq., 17500 et termination, scrapped vehicles, and the
Inc., and others, concerning certain seq., and 17580.5; Cal. Civ. Code § 3494; emissions modification option, if
noncompliant 2.0 liter diesel vehicles. and 12 U.S.C. 5531 et seq., with regard approved) of 85% by June 30, 2019. If
In addition, the Federal Trade to approximately 71,000 model year it fails to do so, Volkswagen must
Commission (‘‘FTC’’) filed a related 2009 to 2015 motor vehicles containing augment the mitigation trust fund
proposed Partial Stipulated Order for 2.0 liter diesel engines and discussed below by $85 million for each
Permanent Injunction and Monetary approximately 16,000 model year 2009 1% that it falls short of the 85% rate.
Judgment with Volkswagen (‘‘FTC to 2016 motor vehicles containing 3.0 Volkswagen must also achieve a
Order’’), and the private Plaintiffs’ liter diesel engines, for a total of separate 85% recall rate for vehicles in
Steering Committee (‘‘PSC’’) filed a approximately 87,000 motor vehicles. California, and must pay $13.5 million
proposed Consumer Class Action The California complaint alleges, in to the mitigation trust (solely for
Settlement Agreement and Release relevant part, that the motor vehicles mitigation projects in California) for
(‘‘Class Action Settlement’’) with contain prohibited defeat devices and each 1% that it falls short of this target.
Volkswagen with respect to the 2.0 liter have resulted in, and continue to result See Decree Section IV.D and
diesel vehicles on the same date. The in, increased NOX emissions from each Appendices A and B.
three settlements resolve separate such vehicle significantly in excess of In connection with the buyback,
claims but offer coordinated relief. CARB requirements, that these vehicles Volkswagen must pay Eligible Owners
ehiers on DSK5VPTVN1PROD with NOTICES
On January 4, 2016, the United States, have resulted in the creation of a public no less than the cost of the retail
on behalf of the Environmental nuisance, and that defendants engaged purchase of a comparable replacement
Protection Agency (‘‘EPA’’) filed a in related conduct that violated unfair vehicle of similar value, condition and
complaint against Volkswagen AG, competition, false advertising, and mileage as of September 17, 2015, the
Volkswagen Group of America, Inc., consumer protection laws. day before the existence of the defeat
Volkswagen Group of America This Partial Consent Decree devices was made known to the public
Chattanooga Operations, LLC, Audi AG, (‘‘Decree’’) is entered into between the (‘‘retail replacement value’’). The Decree
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Document Created: 2016-07-06 07:55:43
Document Modified: 2016-07-06 07:55:43
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 81 FR 44050 |
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