82 FR 24146 - Josip Pasic, M.D.; Order

DEPARTMENT OF JUSTICE
Drug Enforcement Administration

Federal Register Volume 82, Issue 100 (May 25, 2017)

Page Range		24146-24147
FR Document		2017-10742

Federal Register, Volume 82 Issue 100 (Thursday, May 25, 2017)

[Federal Register Volume 82, Number 100 (Thursday, May 25, 2017)]
[Notices]
[Pages 24146-24147]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10742]


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 DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Josip Pasic, M.D.; Order

    On February 23, 2017, the Assistant Administrator, Division of 
Diversion Control, Drug Enforcement Administration, issued an Order to 
Show Cause to Josip Pasic, M.D., of Chicago, Illinois. GX 2, at 2. The 
Show Cause Order proposed the revocation of Dr. Pasic's Certificate of 
Registration on the ground that he does not possess ``authority to 
handle controlled substances in Illinois, the [S]tate in which [he is] 
registered with the'' Agency. Id.
    As to the jurisdictional basis for the proceeding, the Show Cause 
Order alleged that Dr. Pasic is ``registered . . . as a practitioner in 
[s]chedules II through V under . . . Certificate of Registration 
#AP7955923 at 5510 N. Sheridan Road, Suite #7A, Chicago,'' Illinois. 
Id. The Order alleged that this ``registration expires by its terms on 
March 31, 2017.'' Id.
    As to the substantive ground for the proceeding, the Show Cause 
Order alleged that on December 14, 2016, the ``Illinois Department of 
Financial and Professional Regulation issued an Order temporarily 
suspending [Dr. Pasic's] Illinois Physician and Surgeon License . . . 
and Controlled Substance License.'' Id. The Order then alleged that 
``[a]s a result of this suspension, [he is] currently without authority 
to practice medicine or handle controlled substances in the State of 
Illinois, the [S]tate in which [he is] registered with the DEA.'' Id. 
at 3. The Order then asserted that his registration is subject to 
revocation ``based on [his] lack of authority to handle controlled 
substances in the State.'' Id.
    The Show Cause Order also notified Dr. Pasic of his right to 
request a hearing on the allegations or to submit a written statement 
on the matters of fact and law asserted in the Order while waiving his 
right to a hearing, the procedures for electing either option, and the 
consequence of failing to elect either option. Id. (citing 21 CFR 
1301.43). Finally, the Order notified Dr. Pasic of his right to submit 
a corrective action plan. Id. at 3-4 (citing 21 U.S.C. 824(c)(2)(C)).
    On February 28, 2017, as well as on March 1, 2017, the Show Cause 
Order was served on Dr. Pasic. GX 4, at 3 (declaration of DI). 
According to the DI's Declaration, as of April 3, 2017, Dr. Pasic had 
not requested a hearing. Id. The DI's Declaration does not, however, 
state whether Dr. Pasic filed a written

[[Page 24147]]

statement of position. See generally GX 4. So too, the Government's 
Request for Final Agency Action does not address whether Dr. Pasic 
submitted a written statement.\1\ See generally Gov. Request for Final 
Agency Action.
---------------------------------------------------------------------------

    \1\ Because I conclude that this matter is now moot, I deem it 
unnecessary to remand the matter for clarification as to whether Dr. 
Pasic submitted a written statement.
---------------------------------------------------------------------------

    In her declaration, the DI stated that she had obtained a copy of 
Dr. Pasic's Registration and Registration History. GX 4, at 3. 
According to the DI, ``Dr. Pasic allowed his . . . registration to 
lapse on March 31, 2017'' and has not ``made any request--timely or 
untimely--to renew his registration.'' Id.
    On May 2, 2017, the Government submitted its Request for Final 
Agency Action. Therein, the Government noted that the case is moot 
because Dr. Pasic has allowed his registration to expire and has not 
submitted an application. Request for Final Agency Action, at 3 (citing 
Victor B. Williams, 80 FR 50029 (2015)). However, while the Government 
recognizes that the matter is moot, it requests that I issue ``a final 
order . . . setting forth the following facts and conclusions of law'' 
related to the suspension of his state authority to ``memorialize the 
outcome of this proceeding for the record and for purpose of evaluating 
future applications.'' Id.
    I grant the Government's request but only with respect to its 
request that I dismiss this case as moot. Were I to make the factual 
findings and legal conclusions requested by the Government, I would be 
issuing an advisory opinion. Though an administrative agency is not 
subject to the case or controversy requirements of Article III, 
relevant authority suggests that in the event Respondent sought 
judicial review of the decision, the federal courts would lack 
jurisdiction to review that part of the decision. It is settled, 
however, that where the federal courts lack the power to review an 
agency decision because of intervening mootness, the court vacates the 
agency's order. See A.L. Mechling Barge Lines, Inc. v. United States, 
368 U.S. 324, 329 (1961) (vacating administrative orders which had 
become unreviewable in federal court); see also American Family Life 
Assurance Co. v. FCC, 129 F.3d 625, 630 (D.C. Cir. 1997) (``Since 
Mechling, we have, as a matter of course, vacated agency orders in 
cases that have become moot by the time of judicial review.''). See 
also Samuel H. Albert, 74 FR 54851, 54852 (2009). As the requested 
factual findings and legal conclusions would be subject to vacation on 
judicial review, there is no point to making them.
    Because Respondent's registration has expired and he has not filed 
an application, whether timely or not, this case is now moot. See 
Williams, 80 FR at 50029; see also William W. Nucklos, 73 FR 34330 
(2008); Ronald J. Riegel, 63 FR 67132, 67133 (1988). Accordingly, I 
will dismiss the Order to Show Cause.

Order

    Pursuant to the authority vested in me by 21 U.S.C. 824(a), as well 
as 28 CFR 0.100(b), I order that the Order to Show Cause issued to 
Josip Pasic, M.D., be, and it hereby is, dismissed. This Order is 
effective immediately.

    Dated: May 16, 2017.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2017-10742 Filed 5-24-17; 8:45 am]
 BILLING CODE 4410-09-P

24146 Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Notices

DEPARTMENT OF JUSTICE respond, including through the use of DEPARTMENT OF JUSTICE
appropriate automated, electronic,
Bureau of Alcohol, Tobacco, Firearms mechanical, or other technological Drug Enforcement Administration
and Explosives collection techniques or other forms
of information technology, e.g., Josip Pasic, M.D.; Order
[OMB Number 1140–0019]
permitting electronic submission of On February 23, 2017, the Assistant
Agency Information Collection responses. Administrator, Division of Diversion
Activities; Proposed eCollection Overview of this information Control, Drug Enforcement
eComments Requested; Extension collection: Administration, issued an Order to
Without Change of a Currently Show Cause to Josip Pasic, M.D., of
1. Type of Information Collection
Approved Collection; Federal Firearms Chicago, Illinois. GX 2, at 2. The Show
(check justification or form 83):
License (FFL) RENEWAL Application— Cause Order proposed the revocation of
Extension, without change, of a
ATF F 8 (5310.11) Part 11 Dr. Pasic’s Certificate of Registration on
currently approved collection.
AGENCY: Bureau of Alcohol, Tobacco, 2. The Title of the Form/Collection: the ground that he does not possess
Firearms and Explosives, Department of Federal Firearms License (FFL) ‘‘authority to handle controlled
Justice. RENEWAL Application. substances in Illinois, the [S]tate in
which [he is] registered with the’’
ACTION: 60-Day notice. 3. The agency form number, if any,
Agency. Id.
and the applicable component of the
SUMMARY: The Department of Justice As to the jurisdictional basis for the
Department sponsoring the collection:
(DOJ), Bureau of Alcohol, Tobacco, proceeding, the Show Cause Order
Form number (if applicable): ATF F 8 alleged that Dr. Pasic is ‘‘registered . . .
Firearms and Explosives (ATF), will (5310.11) Part 11.
submit the following information as a practitioner in [s]chedules II
Component: Bureau of Alcohol, through V under . . . Certificate of
collection request to the Office of Tobacco, Firearms and Explosives, U.S.
Management and Budget (OMB) for Registration #AP7955923 at 5510 N.
Department of Justice. Sheridan Road, Suite #7A, Chicago,’’
review and approval in accordance with
4. Affected public who will be asked Illinois. Id. The Order alleged that this
the Paperwork Reduction Act of 1995.
or required to respond, as well as a brief ‘‘registration expires by its terms on
DATES: Comments are encouraged and abstract: March 31, 2017.’’ Id.
will be accepted for 60 days until July Primary: Business or other for-profit. As to the substantive ground for the
24, 2017.
Other (if applicable): Individuals or proceeding, the Show Cause Order
FOR FURTHER INFORMATION CONTACT: If households. alleged that on December 14, 2016, the
you have additional comments, Abstract: The form is filed by the ‘‘Illinois Department of Financial and
particularly with respect to the licensee desiring to renew a Federal Professional Regulation issued an Order
estimated public burden or associated firearms license. It is used to identify temporarily suspending [Dr. Pasic’s]
response time, have suggestions, need a the applicant, locate the business/ Illinois Physician and Surgeon License
copy of the proposed information collection premises, identify the type of . . . and Controlled Substance License.’’
collection instrument with instructions, business/collection activity, and Id. The Order then alleged that ‘‘[a]s a
or desire any additional information, determine the eligibility of the result of this suspension, [he is]
please contact Tracey Robertson, Chief, applicant. currently without authority to practice
Federal Firearms Licensing Center medicine or handle controlled
5. An estimate of the total number of
either by mail at 244 Needy Road, substances in the State of Illinois, the
respondents and the amount of time
Martinsburg, WV 20226, by email at [S]tate in which [he is] registered with
estimated for an average respondent to
Tracey.Robertson@atf.gov, or by the DEA.’’ Id. at 3. The Order then
respond: An estimated 35,000
telephone at. asserted that his registration is subject to
respondents will utilize the form, and it
SUPPLEMENTARY INFORMATION: Written will take each respondent revocation ‘‘based on [his] lack of
comments and suggestions from the approximately 30 minutes to complete authority to handle controlled
public and affected agencies concerning the form. substances in the State.’’ Id.
the proposed collection of information 6. An estimate of the total public The Show Cause Order also notified
are encouraged. Your comments should burden (in hours) associated with the Dr. Pasic of his right to request a hearing
address one or more of the following collection: The estimated annual public on the allegations or to submit a written
four points: burden associated with this collection is statement on the matters of fact and law
—Evaluate whether the proposed 17,500 hours which is equal to (35,000 asserted in the Order while waiving his
collection of information is necessary (total # of respondents * .5(30 minutes). right to a hearing, the procedures for
for the proper performance of the If additional information is required electing either option, and the
functions of the agency, including contact: Melody Braswell, Department consequence of failing to elect either
whether the information will have Clearance Officer, United States option. Id. (citing 21 CFR 1301.43).
practical utility; Department of Justice, Justice Finally, the Order notified Dr. Pasic of
—Evaluate the accuracy of the agency’s Management Division, Policy and his right to submit a corrective action
estimate of the burden of the Planning Staff, Two Constitution plan. Id. at 3–4 (citing 21 U.S.C.
proposed collection of information, Square, 145 N Street NE., 3E.405A, 824(c)(2)(C)).
including the validity of the Washington, DC 20530. On February 28, 2017, as well as on
methodology and assumptions used; March 1, 2017, the Show Cause Order
—Evaluate whether and if so how the Dated: May 22, 2017. was served on Dr. Pasic. GX 4, at 3
quality, utility, and clarity of the Melody Braswell, (declaration of DI). According to the DI’s
information to be collected can be Department Clearance Officer for PRA, U.S. Declaration, as of April 3, 2017, Dr.
enhanced; and Department of Justice. Pasic had not requested a hearing. Id.
—Minimize the burden of the collection [FR Doc. 2017–10738 Filed 5–24–17; 8:45 am] The DI’s Declaration does not, however,
of information on those who are to BILLING CODE 4410–FY–P state whether Dr. Pasic filed a written

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Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Notices 24147

statement of position. See generally GX subject to vacation on judicial review, facsimile at 202–307–0693, or email at
4. So too, the Government’s Request for there is no point to making them. privacy.compliance@usdoj.gov. To
Final Agency Action does not address Because Respondent’s registration has ensure proper handling, please
whether Dr. Pasic submitted a written expired and he has not filed an reference the above CPCLO Order No.
statement.1 See generally Gov. Request application, whether timely or not, this on your correspondence.
for Final Agency Action. case is now moot. See Williams, 80 FR SUPPLEMENTARY INFORMATION: On May
In her declaration, the DI stated that at 50029; see also William W. Nucklos, 22, 2007, OMB issued Memorandum
she had obtained a copy of Dr. Pasic’s 73 FR 34330 (2008); Ronald J. Riegel, 63 M–07–16, Safeguarding Against and
Registration and Registration History. FR 67132, 67133 (1988). Accordingly, I Responding to the Breach of Personally
GX 4, at 3. According to the DI, ‘‘Dr. will dismiss the Order to Show Cause. Identifiable Information, to the heads of
Pasic allowed his . . . registration to Order all executive departments and agencies.
lapse on March 31, 2017’’ and has not In its memorandum, OMB required
Pursuant to the authority vested in me
‘‘made any request—timely or agencies to publish a routine use for
by 21 U.S.C. 824(a), as well as 28 CFR
untimely—to renew his registration.’’ Id. their systems of records specifically
0.100(b), I order that the Order to Show
On May 2, 2017, the Government applying to the disclosure of
Cause issued to Josip Pasic, M.D., be,
submitted its Request for Final Agency information in connection with
and it hereby is, dismissed. This Order
Action. Therein, the Government noted response and remedial efforts in the
is effective immediately.
that the case is moot because Dr. Pasic event of a breach of personally
Dated: May 16, 2017. identifiable information. DOJ published
has allowed his registration to expire
and has not submitted an application. Chuck Rosenberg, a notice in the Federal Register, 72 FR
Request for Final Agency Action, at 3 Acting Administrator. 3410 (January 25, 2007), modifying all
(citing Victor B. Williams, 80 FR 50029 [FR Doc. 2017–10742 Filed 5–24–17; 8:45 am] DOJ System of Records Notices by
(2015)). However, while the BILLING CODE 4410–09–P adding a routine use to address the
Government recognizes that the matter limited disclosure of records related to
is moot, it requests that I issue ‘‘a final a suspected or confirmed breach within
order . . . setting forth the following DEPARTMENT OF JUSTICE the Department, consistent with OMB
facts and conclusions of law’’ related to requirements. Since that time, all new
[CPCLO Order No. 004–2017]
the suspension of his state authority to DOJ System of Records Notices
‘‘memorialize the outcome of this Privacy Act of 1974; System of published by the Department, as well as
proceeding for the record and for Records significantly modified System of
purpose of evaluating future Records Notices that were republished
applications.’’ Id. AGENCY: United States Department of in full, included a breach response
Justice. routine use consistent with the
I grant the Government’s request but
ACTION: Notice of modified Systems of requirements in OMB Memorandum
only with respect to its request that I
Records; blanket routine use. M–07–16.
dismiss this case as moot. Were I to
On January 3, 2017, OMB issued
make the factual findings and legal SUMMARY: Pursuant to the Privacy Act of Memorandum M–17–12, Preparing for
conclusions requested by the 1974, 5 and Office of Management and and Responding to a Breach of
Government, I would be issuing an Budget (OMB) Circular No. A–108, Personally Identifiable Information, to
advisory opinion. Though an notice is hereby given that the United the heads of all executive departments
administrative agency is not subject to States Department of Justice and agencies. OMB Memorandum
the case or controversy requirements of (Department or DOJ) proposes to modify M–17–12 rescinds and replaces OMB
Article III, relevant authority suggests the DOJ System of Records Notices for Memorandum M–07–16 and updates
that in the event Respondent sought the DOJ systems of records listed below. agency routine use requirements for
judicial review of the decision, the DATES: In accordance with 5 U.S.C. responding to a breach. Specifically,
federal courts would lack jurisdiction to 552a(e)(4) and (11), this notice is subject OMB Memorandum M–17–12 requires
review that part of the decision. It is to a 30-day notice and comment period. all Senior Agency Officials for Privacy
settled, however, that where the federal Please submit any comments by June 26, to ensure that their agency’s System of
courts lack the power to review an 2017. Records Notices include a routine use
agency decision because of intervening ADDRESSES: The public, OMB, and for the disclosure of information
mootness, the court vacates the agency’s Congress are invited to submit any necessary to respond to a breach of the
order. See A.L. Mechling Barge Lines, comments to the U.S. Department of agency’s personally identifiable
Inc. v. United States, 368 U.S. 324, 329 Justice, ATTN: Privacy Analyst, Office information. Additionally, OMB
(1961) (vacating administrative orders of Privacy and Civil Liberties, National Memorandum M–17–12 requires
which had become unreviewable in Place Building, 1331 Pennsylvania agencies to add a routine use to ensure
federal court); see also American Family Avenue NW., Suite 1000, Washington, that agencies are able to disclose records
Life Assurance Co. v. FCC, 129 F.3d 625, DC 20530–0001, by facsimile at 202– in their systems of records that may
630 (D.C. Cir. 1997) (‘‘Since Mechling, 307–0693, or email at reasonably be needed by another agency
we have, as a matter of course, vacated privacy.compliance@usdoj.gov. To in responding to a breach.
agency orders in cases that have become ensure proper handling, please To satisfy the routine use
moot by the time of judicial review.’’). reference the above CPCLO Order No. requirements in OMB Memorandum
See also Samuel H. Albert, 74 FR 54851, on your correspondence. M–17–12, DOJ is issuing two notices in
54852 (2009). As the requested factual
FOR FURTHER INFORMATION CONTACT: the Federal Register to modify all of the
findings and legal conclusions would be
Andrew A. Proia, Attorney Advisor, Department’s System of Records
1 Because I conclude that this matter is now moot,
Office of Privacy and Civil Liberties, Notices. The records maintained in
I deem it unnecessary to remand the matter for
National Place Building, 1331 many DOJ systems of records are still
clarification as to whether Dr. Pasic submitted a Pennsylvania Avenue NW., Suite 1000, subject to the Department’s blanket
written statement. Washington, DC 20530–0001, by breach response routine use published

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Document Created: 2018-11-08 08:53:10
Document Modified: 2018-11-08 08:53:10

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		82 FR 24146

82 FR 24146 - Josip Pasic, M.D.; Order

DEPARTMENT OF JUSTICEDrug Enforcement Administration

Federal Register Volume 82, Issue 100 (May 25, 2017)

DEPARTMENT OF JUSTICE
Drug Enforcement Administration