82_FR_29452 82 FR 29329 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-fd.io Project, Inc.

82 FR 29329 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-fd.io Project, Inc.

DEPARTMENT OF JUSTICE
Antitrust Division

Federal Register Volume 82, Issue 123 (June 28, 2017)

Page Range29329-29329
FR Document2017-13553

Federal Register, Volume 82 Issue 123 (Wednesday, June 28, 2017)
[Federal Register Volume 82, Number 123 (Wednesday, June 28, 2017)]
[Notices]
[Page 29329]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13553]


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DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--fd.io Project, Inc.

    Notice is hereby given that, on May 30, 2017, pursuant to Section 
6(a) of the National Cooperative Research and Production Act of 1993, 
15 U.S.C. 4301 et seq. (``the Act''), fd.io Project, Inc. (``fd.io'') 
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, ZTE 
Corporation, Shenzhen, People's Republic of China, has been added 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 fd.io intends to file additional 
written notifications disclosing all changes in membership.
    On May 4, 2016, fd.io 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 9, 
2016 (81 FR 37211).
    The last notification was filed with the Department on March 6, 
2017. A notice was published in the Federal Register pursuant to 
Section 6(b) of the Act on March 27, 2017 (82 FR 15240).

Patricia A. Brink,
Director of Civil Enforcement, Antitrust Division.
[FR Doc. 2017-13553 Filed 6-27-17; 8:45 am]
 BILLING CODE P



                                                                                 Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Notices                                            29329

                                                      On October 17, 2014, Open Platform                    Register pursuant to Section 6(b) of the                  On February 24, 2017, a Diversion
                                                    for NFV Project filed its original                      Act on March 27, 2017 (82 FR 15240).                   Investigator from the Jackson,
                                                    notification pursuant to Section 6(a) of                                                                       Mississippi District Office personally
                                                                                                            Patricia A. Brink,
                                                    the Act. The Department of Justice                                                                             served the Show Cause Order on
                                                                                                            Director of Civil Enforcement, Antitrust
                                                    published a notice in the Federal                                                                              Registrant at his residence in West
                                                                                                            Division.
                                                    Register pursuant to Section 6(b) of the                                                                       Point, Mississippi. GX 4 (Declaration of
                                                                                                            [FR Doc. 2017–13553 Filed 6–27–17; 8:45 am]
                                                    Act on November 14, 2014 (79 FR                                                                                Diversion Investigator).
                                                    68301).
                                                                                                            BILLING CODE P                                            On May 5, 2017, the Government
                                                                                                                                                                   forwarded its Request for Final Agency
                                                      The last notification was filed with                                                                         Action (RFAA) and an evidentiary
                                                    the Department on March 9, 2017. A                      DEPARTMENT OF JUSTICE                                  record to my Office. Therein, the
                                                    notice was published in the Federal                                                                            Government represents that Registrant
                                                                                                            Drug Enforcement Administration
                                                    Register pursuant to Section 6(b) of the                                                                       ‘‘has not filed a request for a hearing or
                                                    Act on April 4, 2017 (82 FR 16419).                     John Warren Cox, M.D.; Decision and                    a written statement, and more than 30
                                                                                                            Order                                                  days ha[ve] now passed since he was
                                                    Patricia A. Brink,
                                                                                                                                                                   served.’’ RFAA, at 1–2.
                                                    Director of Civil Enforcement, Antitrust                   On February 23, 2017, the Assistant                    Based on the Government’s
                                                    Division.                                               Administrator, Diversion Control                       representation that more than 30 days
                                                    [FR Doc. 2017–13555 Filed 6–27–17; 8:45 am]             Division, Drug Enforcement                             have now passed since the date of
                                                    BILLING CODE P                                          Administration (DEA), issued an Order                  service of the Show Cause Order and
                                                                                                            to Show Cause to John Warren Cox,                      that Registrant has not submitted a
                                                                                                            M.D. (Registrant), of West Point,                      request for a hearing or a written
                                                    DEPARTMENT OF JUSTICE                                   Mississippi. GX 2. The Show Cause                      statement, I find that Registrant has
                                                                                                            Order proposed the revocation of                       waived his right to a hearing or to
                                                    Antitrust Division                                      Registrant’s DEA Certificate of                        submit a written statement in lieu of a
                                                                                                            Registration No. BC6115047, on the                     hearing. 21 CFR 1301.43(d). I therefore
                                                    Notice Pursuant to the National                         ground that he does not have authority                 issue this Decision and Final Order
                                                    Cooperative Research and Production                     to handle controlled substances in                     based on relevant evidence contained in
                                                    Act of 1993—fd.io Project, Inc.                         Mississippi, the State in which he is                  the record submitted by the
                                                                                                            registered with the Agency. Id. at 1                   Government. Id. § 1301.43(d) & (e). I
                                                       Notice is hereby given that, on May                  (citing 21 U.S.C. 824(a)(3)).                          make the following findings of fact.
                                                    30, 2017, pursuant to Section 6(a) of the                  With respect to the Agency’s
                                                                                                            jurisdiction, the Show Cause Order                     Findings
                                                    National Cooperative Research and
                                                    Production Act of 1993, 15 U.S.C. 4301                  alleged that Registrant is registered with                Registrant is the holder of DEA
                                                    et seq. (‘‘the Act’’), fd.io Project, Inc.              the DEA as a practitioner authorized to                Registration No. BC6115047, pursuant
                                                    (‘‘fd.io’’) has filed written notifications             handle controlled substances in                        to which he is authorized to dispense
                                                    simultaneously with the Attorney                        schedules II through V under DEA                       controlled substances in Schedules II
                                                    General and the Federal Trade                           registration BC6115047, at the registered              through V as a practitioner, at the
                                                    Commission disclosing changes in its                    address of 187 Medical Center Drive,                   registered address of 187 Medical Center
                                                    membership. The notifications were                      West Point, Mississippi. Id. The Order                 Drive, West Point, Mississippi. GX 1
                                                                                                            alleged that Registrant’s registration                 (Certification of Registration History).
                                                    filed for the purpose of extending the
                                                                                                            expires by its terms on August 31, 2019.               His registration does not expire until
                                                    Act’s provisions limiting the recovery of
                                                                                                            Id.                                                    August 31, 2019. Id.
                                                    antitrust plaintiffs to actual damages                     As to the substantive ground for the                   On October 18, 2016, Registrant
                                                    under specified circumstances.                          proceeding, the Show Cause Order                       voluntarily surrendered his license to
                                                    Specifically, ZTE Corporation,                          specifically alleged that on October 18,               practice medicine in the State of
                                                    Shenzhen, People’s Republic of China,                   2016, Registrant ‘‘voluntarily                         Mississippi, and ‘‘agree[d] to never seek
                                                    has been added as a party to this                       surrendered [his] Mississippi medical                  application for a future license to
                                                    venture.                                                license and agreed to never again seek                 practice medicine in the State of
                                                       No other changes have been made in                   to be licensed in the State of                         Mississippi.’’ GX 3, at 2 (Surrender of
                                                    either the membership or planned                        Mississippi.’’ Id. The Show Cause Order                Medical License). The agreement to
                                                    activity of the group research project.                 further alleged that because Registrant is             voluntarily surrender his license
                                                    Membership in this group research                       currently without authority to practice                followed an investigation by the
                                                    project remains open, and fd.io intends                 medicine or handle controlled                          Investigative Division of the Mississippi
                                                    to file additional written notifications                substances in the State of Mississippi,                State Board of Medical Licensure, which
                                                    disclosing all changes in membership.                   ‘‘the DEA must revoke [his] DEA COR.’’                 ‘‘ha[d] in its possession evidence which,
                                                                                                            Id. at 2 (citing 21 U.S.C. 823(f) and                  if produced during the course of an
                                                       On May 4, 2016, fd.io filed its original             824(a)(3) (other citations omitted)).                  evidentiary hearing, would show [that
                                                    notification pursuant to Section 6(a) of                   The Show Cause Order notified                       Registrant’s] continued practice
                                                    the Act. The Department of Justice                      Registrant of his right to request a                   constitutes a threat to the public health
                                                    published a notice in the Federal
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                            hearing on the allegations, or to submit               and safety due to his impairment.’’ Id.
                                                    Register pursuant to Section 6(b) of the                a written statement in lieu of a hearing,              at 2. Registrant’s surrender became
                                                    Act on June 9, 2016 (81 FR 37211).                      the procedure for electing either option,              effective immediately upon execution of
                                                       The last notification was filed with                 and the consequence for failing to elect               the surrender form on October 18, 2016.
                                                    the Department on March 6, 2017. A                      either option. Id. at 2 (citing 21 CFR                 Id.
                                                    notice was published in the Federal                     1301.43). It also notified him of his right               A printout from the Mississippi
                                                                                                            to submit a corrective action plan in                  Board’s Physician Profile System, dated
                                                                                                            accordance with 21 U.S.C. 824(c)(2)(C).                May 5, 2017, shows that Registrant’s
                                                                                                            Id. at 2–3.                                            license to practice medicine ‘‘expired’’


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Document Created: 2017-06-28 01:10:23
Document Modified: 2017-06-28 01:10:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation82 FR 29329 

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