81 FR 50726 - Sunshine Act Meeting; Record of Vote of Meeting Closure (Pub. L. 94-409) (5 U.S.C. 552b)
DEPARTMENT OF JUSTICE
Parole Commission Federal Register Volume 81, Issue 148 (August 2, 2016)
Parole Commission
Federal Register Volume 81, Issue 148 (August 2, 2016)
| Page Range | 50726-50727 | |
| FR Document | 2016-18450 |
[Federal Register Volume 81, Number 148 (Tuesday, August 2, 2016)] [Notices] [Pages 50726-50727] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-18450] ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Parole Commission Sunshine Act Meeting; Record of Vote of Meeting Closure (Pub. L. 94-409) (5 U.S.C. 552b) I, J. Patricia W. Smoot, of the United States Parole Commission, was present at a meeting of said Commission, which started at approximately 11:00 p.m., on Wednesday, July 27, 2016 at the U.S. Parole Commission, 90 K Street NE., Third Floor, Washington, DC 20530. The purpose of the meeting was to discuss six original jurisdiction cases pursuant to 28 CFR 2.27. Three Commissioners were present, constituting a quorum when the vote to close the meeting was submitted. Public announcement further describing the subject matter of the meeting and certifications of the General Counsel that this meeting may be closed by votes of the Commissioners present were submitted to the Commissioners prior to the conduct of any other business. Upon motion duly made, seconded, and carried, the following Commissioners voted that the meeting be closed: J. Patricia W. Smoot, Patricia Cushwa and Charles T. Massarone. [[Page 50727]] IN WITNESS WHEREOF, I make this official record of the vote taken to close this meeting and authorize this record to be made available to the public. Dated: July 27, 2016. J. Patricia W. Smoot, Chairman, U.S. Parole Commission. [FR Doc. 2016-18450 Filed 7-29-16; 4:15 pm] BILLING CODE 4410-31-P
![50726 Federal Register / Vol. 81, No. 148 / Tuesday, August 2, 2016 / Notices
The Board’s conclusions of law that Dated: July 22, 2016. Comments may be submitted either by
Registrant committed unprofessional Chuck Rosenberg, email or by mail:
conduct by prescribing controlled Acting Administrator.
substances to his wife, as well as by [FR Doc. 2016–18278 Filed 8–1–16; 8:45 am] To submit Send them to:
engaging in habitual substance abuse comments:
BILLING CODE 4410–09–P
and using controlled substances which By e-mail ...... pubcomment-ees.enrd@
were not prescribed to him by another usdoj.gov.
physician in the course of treatment, DEPARTMENT OF JUSTICE By mail ......... Assistant Attorney General,
support the conclusion that he has U.S. DOJ–ENRD, P.O. Box
committed such acts as to render his Notice of Lodging of Proposed 7611, Washington, DC
registration ‘‘inconsistent with the Consent Decree Under the Clean Air 20044–7611.
public interest.’’ 21 U.S.C. 824(a)(4). Act
These findings provide an additional During the public comment period,
and independent basis to revoke On July 27, 2016, the Department of the Consent Decree may be examined
Registrant’s registration. Justice lodged a proposed Consent and downloaded at this Justice
Decree with the United States District Department Web site: https://
Order www.justice.gov/enrd/consent-decrees.
Court for the Eastern District of
Pursuant to the authority vested in me Tennessee in the lawsuit entitled United We will provide a paper copy of the
by 21 U.S.C. 824(a) and 823(f), as well States and Knox County, Tennessee, Ex Consent Decree upon written request
as 28 CFR 0.100(b), I order that DEA Rel, Lynne Liddington, Director Of Air and payment of reproduction costs.
Certificate of Registration BB7566461 Quality Management For Knox County, Please mail your request and payment
issued to Alaaeldin Babiker, M.D., be, Tennessee v. Cemex Inc., et al., Civil to: Consent Decree Library, U.S. DOJ–
and it hereby is, revoked. I further other Action No. 3:16–cv–471. ENRD, P.O. Box 7611, Washington, DC
that any application of Alaaeldin This case involves claims for alleged 20044–7611.
Babiker, M.D., to renew or modify this Please enclose a check or money order
violations of the Prevention of
registration, or for any other registration, for $13.50 (25 cents per page
Significant Deterioration (‘‘PSD’’)
be, and it hereby is denied. This Order reproduction cost) payable to the United
program of the Clean Air Act (‘‘CAA’’),
is effective immediately.5 States Treasury.
CAA’s Title V operating permit
requirements, and related Tennessee Henry Friedman,
he acted outside of the usual course of professional
practice and lacked a legitimate medical purpose in and Texas state law requirements at Assistant Section Chief, Environmental
prescribing to B.S. 21 CFR 1306.04(a). These Portland cement facilities in Knoxville, Enforcement Section, Environment and
include that he failed to address B.S.’s positive test Tennessee and Odessa, Texas owned or Natural Resources Division.
for marijuana, that he did not perform additional
evaluations or use therapeutic interventions other
operated by Cemex, Inc. or related [FR Doc. 2016–18161 Filed 8–1–16; 8:45 am]
than prescribing controlled substances, that he corporate entities (collectively, BILLING CODE 4410–15–P
dramatically increased B.S.’s pain medications and ‘‘Cemex’’). The complaint seeks
did not document an explanation for doing so, and injunctive relief for installation of
that he failed to maintain adequate and legible
medical records.
control technology to reduce emissions DEPARTMENT OF JUSTICE
The Board did not, however, find that Registrant of nitrogen oxides (NOX), civil penalties,
engaged in ‘‘[p]rescribing, dispensing, or and mitigation of past excess NOX Parole Commission
administering any controlled substance . . . for emissions. The settlement resolves the
other than accepted therapeutic purposes,’’ Ariz.
liability at these facilities and also Sunshine Act Meeting; Record of Vote
Rev. Stat. § 32–1401(27)(j), a standard similar to that of Meeting Closure (Pub. L. 94–409) (5
of 21 CFR 1306.04(a). See GX 3, at 6; see also resolves similar potential liability at
Kenneth Harold Bull, 78 FR 62666, 62674 (2013) additional Cemex cement plants in New U.S.C. 552b)
(holding that physician’s violation of a State’s Braunfels, Texas, Louisville, Kentucky I, J. Patricia W. Smoot, of the United
‘‘injudicious prescribing’’ standard did not establish
a violation of 21 CFR 1306.4(a) when the State also
and Demopolis, Alabama, and requires States Parole Commission, was present
had a standard prohibiting ‘‘prescribing . . . or Cemex to install pollution control at a meeting of said Commission, which
dispensing of narcotic, stimulant or hypnotic drugs equipment, agree to federally started at approximately 11:00 p.m., on
for other than accepted therapeutic purposes’’ but enforceable limits for NOX and SO2 Wednesday, July 27, 2016 at the U.S.
did not find a violation). Instead, the Board found
that he committed unprofessional conduct by
emissions, pay $1,690,000 in civil Parole Commission, 90 K Street NE.,
engaging in ‘‘[a]ny conduct or practice that is or penalties, and perform an Third Floor, Washington, DC 20530.
might be harmful or dangerous to the health of the environmental mitigation project. The purpose of the meeting was to
patient or the public.’’ GX 3, at 6 (citing Ariz. Rev. discuss six original jurisdiction cases
Stat. § 32–1401(27)(q)).
The publication of this notice opens
In its Request for Final Agency Action, the a period for public comment on the pursuant to 28 CFR 2.27. Three
Government did not allege that the Board’s findings Consent Decree. Comments should be Commissioners were present,
with respect to B.S. supported a finding that addressed to the Assistant Attorney constituting a quorum when the vote to
Registrant violated 21 CFR 1306.04(a). Nor did it General, Environment and Natural close the meeting was submitted.
argue that the Board’s findings establish reckless or
negligent conduct in the handling of controlled Resources Division, and should refer to Public announcement further
substances, which is a basis to revoke a registration United States and Knox County, describing the subject matter of the
under Paul J. Caragine, 63 FR 51592, 51601 (1998). Tennessee, Ex Rel, Lynne Liddington, meeting and certifications of the General
Moreover, the Government offers no argument as Director Of Air Quality Management For Counsel that this meeting may be closed
to why the Board’s standard of ‘‘[a]ny conduct or by votes of the Commissioners present
mstockstill on DSK3G9T082PROD with NOTICES
practice that is or might be harmful or dangerous
Knox County, Tennessee v. Cemex Inc.,
to the health of the patient or the public’’ is a law et al., D.J. Ref. No. 90–5–2–1–09716. All were submitted to the Commissioners
related to controlled substances under factor four. comments must be submitted no later prior to the conduct of any other
I therefore do not consider whether this provision than thirty (30) days after the business. Upon motion duly made,
falls within factor four. Nor do I consider the seconded, and carried, the following
Board’s findings with respect to B.S.
publication date of this notice.
5 For the same reasons which led the Board to
Commissioners voted that the meeting
order Registrant to immediately surrender his state effective immediately. GX 9, at 9; see also 21 CFR be closed: J. Patricia W. Smoot, Patricia
license, I conclude that this Order should be 1316.67. Cushwa and Charles T. Massarone.
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![Federal Register / Vol. 81, No. 148 / Tuesday, August 2, 2016 / Notices 50727
IN WITNESS WHEREOF, I make this send a courtesy copy of any comments collection of information that does not
official record of the vote taken to close by mail or courier to the U.S. display a valid Control Number. See 5
this meeting and authorize this record to Department of Labor-OASAM, Office of CFR 1320.5(a) and 1320.6. The DOL
be made available to the public. the Chief Information Officer, Attn: obtains OMB approval for this
Dated: July 27, 2016. Departmental Information Compliance information collection under Control
Management Program, Room N1301, Number 1210–0064.
J. Patricia W. Smoot,
200 Constitution Avenue NW., OMB authorization for an ICR cannot
Chairman, U.S. Parole Commission.
Washington, DC 20210; or by email: be for more than three (3) years without
[FR Doc. 2016–18450 Filed 7–29–16; 4:15 pm] DOL_PRA_PUBLIC@dol.gov. renewal, and the DOL seeks to extend
BILLING CODE 4410–31–P
FOR FURTHER INFORMATION CONTACT: PRA authorization for this information
Contact Michel Smyth by telephone at collection for three (3) more years,
202–693–4129, TTY 202–693–8064, without any change to existing
DEPARTMENT OF LABOR (these are not toll-free numbers) or by requirements. The DOL notes that
email at DOL_PRA_PUBLIC@dol.gov. existing information collection
Office of the Secretary requirements submitted to the OMB
Authority: 44 U.S.C. 3507(a)(1)(D).
receive a month-to-month extension
Agency Information Collection SUPPLEMENTARY INFORMATION: This ICR
while they undergo review. For
Activities; Submission for OMB seeks to extend PRA authority for the
additional substantive information
Review; Comment Request; Sale of Sale of Securities to Reduce
Indebtedness of Party in Interest, about this ICR, see the related notice
Securities To Reduce Indebtedness of
Prohibited Transaction Class Exemption published in the Federal Register on
Party in Interest, Prohibited
1980–83 (PTE 80–83) information November 23, 2015 (80 FR 72990).
Transaction Class Exemption 1980–83
Interested parties are encouraged to
collection. This PTE allows an
ACTION: Notice. send comments to the OMB, Office of
employee benefit plan to purchase
Information and Regulatory Affairs at
securities that may aid the issuer of the
SUMMARY: The Department of Labor the address shown in the ADDRESSES
securities to reduce or retire
(DOL) will submit the Employee section within thirty (30) days of
indebtedness to a party in interest.
Benefits Security Administration publication of this notice in the Federal
Without the relief provided by the class
(EBSA) sponsored information Register. In order to help ensure
exemption, Employee Retirement
collection request (ICR) titled, ‘‘Sale of appropriate consideration, comments
Income Security Act of 1974 (ERISA)
Securities to Reduce Indebtedness of should mention OMB Control Number
prohibited transaction provisions would
Party in Interest, Prohibited Transaction 1210–0064. The OMB is particularly
bar a standard type of financial/business
Class Exemption 1980–83,’’ to the Office interested in comments that:
transaction between a financial service • Evaluate whether the proposed
of Management and Budget (OMB) on
provider and an employee benefit plan. collection of information is necessary
July 29, 2016, for review and approval
This exemption also provides relief for the proper performance of the
for continued use, without change, in
from Internal Revenue Code section functions of the agency, including
accordance with the Paperwork
4975 prohibited transaction provisions. whether the information will have
Reduction Act of 1995 (PRA), 44 U.S.C. In order to take advantage of the relief
3501 et seq. Public comments on the practical utility;
provided by this PTE, an employee
ICR are invited. • Evaluate the accuracy of the
benefit plan must comply with all
DATES: The OMB will consider all agency’s estimate of the burden of the
applicable exemption conditions,
written comments that agency receives proposed collection of information,
including keeping records sufficient to
on or before September 1, 2016. including the validity of the
establish that exemption conditions
methodology and assumptions used;
ADDRESSES: A copy of this ICR with have been met for exemption-covered • Enhance the quality, utility, and
applicable supporting documentation; transactions. The records must be clarity of the information to be
including a description of the likely maintained for a period of at least six collected; and
respondents, proposed frequency of years from a covered transaction and • Minimize the burden of the
response, and estimated total burden must be made reasonably available for collection of information on those who
may be obtained free of charge from the inspection upon request by specified are to respond, including through the
RegInfo.gov Web site at http:// interested persons—including plan use of appropriate automated,
www.reginfo.gov/public/do/ fiduciaries, participants and electronic, mechanical, or other
PRAViewICR?ref_nbr=201607-1210-001 beneficiaries, sponsoring employers, technological collection techniques or
(this link will only become active on DOL and Internal Revenue Service other forms of information technology,
July 30, 2016) or by contacting Michel representatives, and contributing e.g., permitting electronic submission of
Smyth by telephone at 202–693–4129, employers. ERISA, section 408(a) responses.
TTY 202–693–8064, (these are not toll- authorizes this information collection. Agency: DOL–EBSA.
free numbers) or by email at DOL_PRA_ See 29 U.S.C. 1108(a). Title of Collection: Sale of Securities
PUBLIC@dol.gov. This information collection is subject to Reduce Indebtedness of Party in
Submit comments about this request to the PRA. A Federal agency generally Interest, Prohibited Transaction Class
by mail or courier to the Office of cannot conduct or sponsor a collection Exemption 1980–83.
Information and Regulatory Affairs, of information, and the public is OMB Control Number: 1210–0064.
Attn: OMB Desk Officer for DOL–EBSA, generally not required to respond to an
mstockstill on DSK3G9T082PROD with NOTICES
Affected Public: Private Sector—
Office of Management and Budget, information collection, unless it is businesses or other for-profits.
Room 10235, 725 17th Street NW., approved by the OMB under the PRA Total Estimated Number of
Washington, DC 20503; by Fax: 202– and displays a currently valid OMB Respondents: 25.
395–5806 (this is not a toll-free Control Number. In addition, Total Estimated Number of
number); or by email: OIRA_ notwithstanding any other provisions of Responses: 25.
submission@omb.eop.gov. Commenters law, no person shall generally be subject Total Estimated Annual Time Burden:
are encouraged, but not required, to to penalty for failing to comply with a 15 hours.
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Document Created: 2016-08-02 01:47:53
Document Modified: 2016-08-02 01:47:53
| 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 50726 |
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