82 FR 37610 - Advisory Committees on the Federal Rules of Appellate, Bankruptcy, and Criminal Procedure, and the Federal Rules of Evidence; Hearings on Proposed Amendments to the Appellate, Bankruptcy, Criminal, and Evidence Rules, the Rules Governing Section 2254 Cases in the United States District Courts, and the Rules Governing Section 2255 Proceedings for the United States District Courts

JUDICIAL CONFERENCE OF THE UNITED STATES

Federal Register Volume 82, Issue 154 (August 11, 2017)

Page Range		37610-37611
FR Document		2017-16916

The Advisory Committees on Appellate, Bankruptcy, Criminal, and Evidence Rules have proposed amendments to the following rules and forms: Appellate Rules: 3, 13, 26.1, 28, and 32. Bankruptcy Rules: 2002, 4001, 6007, 9036, 9037, and Official Form 410. Criminal Rules: New Criminal Rule 16.1, Rule 5 of the Rules Governing Section 2254 Cases, and Rule 5 of the Rules Governing Section 2255 Proceedings. Rules of Evidence: 807. The text of the proposed rules and form and the accompanying Committee Notes are posted on the Judiciary's Web site at: http:// www.uscourts.gov/rules-policies/proposed-amendments-published-public- comment. All written comments and suggestions with respect to the proposed amendments may be submitted on or after the opening of the period for public comment on August 15, 2017, but no later than February 15, 2018. Written comments must be submitted electronically, following the instructions provided on the Web site. All comments submitted will be posted on the Web site and available to the public. Public hearings are scheduled on the proposed amendments as follows: <bullet> Appellate Rules in Washington, DC, on November 9, 2017, and in Phoenix, Arizona, on January 5, 2018; <bullet> Bankruptcy Rules in Washington, DC, on January 17, 2018, and in Pasadena, California, on January 30, 2018; <bullet> Criminal Rules in Chicago, Illinois, on October 24, 2017, and in Phoenix, Arizona, on January 5, 2018; and <bullet> Evidence Rules in Boston, Massachusetts, on October 27, 2017, and in Phoenix, Arizona, on January 5, 2018. Those wishing to testify must contact the Secretary by email at: [email protected], with a copy mailed to the address below, at least 30 days before the hearing.

Federal Register, Volume 82 Issue 154 (Friday, August 11, 2017)

[Federal Register Volume 82, Number 154 (Friday, August 11, 2017)]
[Notices]
[Pages 37610-37611]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16916]


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JUDICIAL CONFERENCE OF THE UNITED STATES


Advisory Committees on the Federal Rules of Appellate, 
Bankruptcy, and Criminal Procedure, and the Federal Rules of Evidence; 
Hearings on Proposed Amendments to the Appellate, Bankruptcy, Criminal, 
and Evidence Rules, the Rules Governing Section 2254 Cases in the 
United States District Courts, and the Rules Governing Section 2255 
Proceedings for the United States District Courts

AGENCY: Advisory Committees on the Federal Rules of Appellate, 
Bankruptcy, and Criminal Procedure, and the Federal Rules of Evidence, 
Judicial Conference of the United States.

ACTION: Notice of proposed amendments and open hearings.

-----------------------------------------------------------------------

SUMMARY: The Advisory Committees on Appellate, Bankruptcy, Criminal, 
and Evidence Rules have proposed amendments to the following rules and 
forms:
    Appellate Rules: 3, 13, 26.1, 28, and 32.
    Bankruptcy Rules: 2002, 4001, 6007, 9036, 9037, and Official Form 
410.
    Criminal Rules: New Criminal Rule 16.1, Rule 5 of the Rules 
Governing Section 2254 Cases, and Rule 5 of the

[[Page 37611]]

Rules Governing Section 2255 Proceedings.
    Rules of Evidence: 807.
    The text of the proposed rules and form and the accompanying 
Committee Notes are posted on the Judiciary's Web site at: http://www.uscourts.gov/rules-policies/proposed-amendments-published-public-comment.
    All written comments and suggestions with respect to the proposed 
amendments may be submitted on or after the opening of the period for 
public comment on August 15, 2017, but no later than February 15, 2018. 
Written comments must be submitted electronically, following the 
instructions provided on the Web site. All comments submitted will be 
posted on the Web site and available to the public.
    Public hearings are scheduled on the proposed amendments as 
follows:
     Appellate Rules in Washington, DC, on November 9, 2017, 
and in Phoenix, Arizona, on January 5, 2018;
     Bankruptcy Rules in Washington, DC, on January 17, 2018, 
and in Pasadena, California, on January 30, 2018;
     Criminal Rules in Chicago, Illinois, on October 24, 2017, 
and in Phoenix, Arizona, on January 5, 2018; and
     Evidence Rules in Boston, Massachusetts, on October 27, 
2017, and in Phoenix, Arizona, on January 5, 2018.
    Those wishing to testify must contact the Secretary by email at: 
[email protected], with a copy mailed to the address below, 
at least 30 days before the hearing.

FOR FURTHER INFORMATION CONTACT:  Rebecca A. Womeldorf, Secretary, 
Committee on Rules of Practice and Procedure of the Judicial Conference 
of the United States, Thurgood Marshall Federal Judiciary Building, One 
Columbus Circle NE., Suite 7-240, Washington, DC 20544, Telephone (202) 
502-1820.

    Dated: August 7, 2017.
Rebecca A. Womeldorf,
Secretary, Committee on Rules of Practice and Procedure, Judicial 
Conference of the United States.
[FR Doc. 2017-16916 Filed 8-10-17; 8:45 am]
 BILLING CODE 2210-55-P

37610 Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Notices

The Principal Deputy Assistant to the Tariff Act of 1930 (‘‘the Act’’), Notice of the institution of the
Secretary—Indian Affairs, on behalf of that there is a reasonable indication that Commission’s investigations and of a
the Secretary of the Interior, will an industry in the United States is public conference to be held in
immediately acquire title to the materially injured by reason of imports connection therewith was given by
Cherokee Springs Site in the name of of ripe olives from Spain, provided for posting copies of the notice in the Office
the United States of America in trust for in subheadings 2005.70.02, 2005.70.04, of the Secretary, U.S. International
the Nation upon fulfillment of 2005.70.50, 2005.70.60, 2005.70.70, and Trade Commission, Washington, DC,
Departmental requirements. 2005.70.75 of the Harmonized Tariff and by publishing the notice in the
The 45.92 acres, more or less, are Schedule of the United States, that are Federal Register of June 28, 2017 (82 FR
located in Cherokee County, Oklahoma, alleged to be sold in the United States 29327). The conference was held in
and are described as follows: at less than fair value (‘‘LTFV’’) and to Washington, DC, on July 12, 2017, and
be subsidized by the government of all persons who requested the
Indian Meridian, Oklahoma Township Spain. opportunity were permitted to appear in
16 North, Range 22 East
Commencement of Final Phase person or by counsel.
Section 9 A tract of land situated in The Commission made these
Investigations
the SE1/4 and in the S1/2 S1/2 NE1/4 determinations pursuant to sections
of Section 9, Township 16 North, Range Pursuant to section 207.18 of the 703(a) and 733(a) of the Act (19 U.S.C.
22 East of the Indian Meridian, Commission’s rules, the Commission 1671b(a) and 1673b(a)). It completed
Cherokee County, Oklahoma, being a also gives notice of the commencement and filed its determinations in these
portion of that parcel of land conveyed of the final phase of its investigations. investigations on August 7, 2017. The
to Cherokee Nation Property The Commission will issue a final phase views of the Commission are contained
Management, LLC in Document No. I– notice of scheduling, which will be in USITC Publication 4718 (August
2012–008705 filed December 28, 2012 published in the Federal Register as 2017), entitled Ripe Olives from Spain:
in Book 1055 at Pages 778–779 in the provided in section 207.21 of the Investigation Nos. 701–TA–582 and
official records of the Cherokee County Commission’s rules, upon notice from 731–TA–1377 (Preliminary).
Clerk, said tract being more particularly the Department of Commerce
(‘‘Commerce’’) of affirmative By order of the Commission.
described as follows: Issued: August 7, 2017.
Commencing at the Southeast corner preliminary determinations in the
investigations under sections 703(b) or Lisa R. Barton,
of said SE1/4, marked with a Mag Nail;
733(b) of the Act, or, if the preliminary Secretary to the Commission.
Thence, N. 89° 52′ 00″ W. along the
South boundary of said Section 9, a determinations are negative, upon [FR Doc. 2017–16911 Filed 8–10–17; 8:45 am]
distance of 1734.91 feet; notice of affirmative final BILLING CODE 7020–02–P
Thence, N. 0° 05′ 50″ W., a distance determinations in those investigations
of 758.57 feet to a 3/8″ rebar capped under sections 705(a) or 735(a) of the
Chaffin LS 1243 to the true POINT OF Act. Parties that filed entries of JUDICIAL CONFERENCE OF THE
BEGINNING; appearance in the preliminary phase of UNITED STATES
Thence, N. 0°05′50″ W., a distance of the investigations need not enter a
2117.10 feet to a 3/8″ rebar capped separate appearance for the final phase Advisory Committees on the Federal
Chaffin LS 1243; of the investigations. Industrial users, Rules of Appellate, Bankruptcy, and
Thence, N. 89°54′10″ E., a distance of and, if the merchandise under Criminal Procedure, and the Federal
1083.04 feet to a 3/8″ rebar capped investigation is sold at the retail level, Rules of Evidence; Hearings on
Chaffin LS 1243; representative consumer organizations Proposed Amendments to the
Thence, S. 0°04′58″ W., a distance of have the right to appear as parties in Appellate, Bankruptcy, Criminal, and
1215.47 feet to a 3/8″ rebar capped Commission antidumping and Evidence Rules, the Rules Governing
Chaffin LS 1243. countervailing duty investigations. The Section 2254 Cases in the United
Secretary will prepare a public service States District Courts, and the Rules
Dated: June 12, 2017. list containing the names and addresses Governing Section 2255 Proceedings
Michael S. Black, of all persons, or their representatives, for the United States District Courts
Acting Assistant Secretary—Indian Affairs. who are parties to the investigations.
[FR Doc. 2017–16906 Filed 8–10–17; 8:45 am] AGENCY: Advisory Committees on the
Background Federal Rules of Appellate, Bankruptcy,
BILLING CODE 4337–15–P
On June 22, 2017, the Coalition for and Criminal Procedure, and the
Fair Trade in Ripe Olives, consisting of Federal Rules of Evidence, Judicial
INTERNATIONAL TRADE Bell-Carter Foods, Walnut Creek, CA, Conference of the United States.
COMMISSION and Musco Family Olive Company, ACTION: Notice of proposed amendments
Tracy, CA, filed a petition with the and open hearings.
[Investigation Nos. 701–TA–582 and 731– Commission and Commerce, alleging
TA–1377 (Preliminary)] that an industry in the United States is SUMMARY: The Advisory Committees on
materially injured or threatened with Appellate, Bankruptcy, Criminal, and
Ripe Olives From Spain
material injury by reason of LTFV and Evidence Rules have proposed
asabaliauskas on DSKBBXCHB2PROD with NOTICES

Determinations subsidized imports of ripe olives from amendments to the following rules and
Spain. Accordingly, effective June 22, forms:
On the basis of the record 1 developed
2017, the Commission, pursuant to Appellate Rules: 3, 13, 26.1, 28, and
in the subject investigations, the United
sections 703(a) and 733(a) of the Act (19 32.
States International Trade Commission
U.S.C. 1671b(a) and 1673b(a)), instituted Bankruptcy Rules: 2002, 4001, 6007,
(‘‘Commission’’) determines, pursuant
countervailing duty investigation No. 9036, 9037, and Official Form 410.
1 The record is defined in sec. 207.2(f) of the 701–TA–582 and antidumping duty Criminal Rules: New Criminal Rule
Commission’s Rules of Practice and Procedure (19 investigation No. 731–TA–1377 16.1, Rule 5 of the Rules Governing
CFR 207.2(f)). (Preliminary). Section 2254 Cases, and Rule 5 of the

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Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Notices 37611

Rules Governing Section 2255 Administration (hereinafter, DEA or residence. GX 4, at 1. I find that the
Proceedings. Government), issued an Order to Show Government’s service of the Show Cause
Rules of Evidence: 807. Cause to Luis C B Gomez, D.D.S. Order on Registrant was legally
The text of the proposed rules and (hereinafter, Registrant), the holder of sufficient.
form and the accompanying Committee Certificate of Registration No. The Government submitted a Request
Notes are posted on the Judiciary’s Web AG1976971 in Chula Vista, California, for Final Agency Action dated June 6,
site at: http://www.uscourts.gov/rules- pursuant to which he is authorized to 2017 and an evidentiary record to
policies/proposed-amendments- prescribe controlled substances in support the Show Cause Order’s
published-public-comment. Schedules II through IV.1 GX 1 allegations. In the RFAA, the
All written comments and suggestions (Certification of Registration Status Government represented that, ‘‘Thirty
with respect to the proposed dated May 17, 2017). The Show Cause days passed from the date of service and
amendments may be submitted on or Order proposed the revocation of Respondent requested no hearing on the
after the opening of the period for Registrant’s Certificate of Registration OTSC, nor has he filed a written
public comment on August 15, 2017, and the denial of any pending statement in lieu of requesting a
but no later than February 15, 2018. application for renewal or modification hearing.’’ RFAA, at 1.
Written comments must be submitted of Registrant’s registration on the Based on the Government’s
electronically, following the ground that Registrant does not have representations and my review of the
instructions provided on the Web site. authority to dispense controlled record, I find that more than 30 days
All comments submitted will be posted substances in California, the State in have now passed since the date on
on the Web site and available to the which he is registered. GX 3, at 1 (citing which Registrant was served with the
public. 21 U.S.C. 824(a)(3)). Show Cause Order and neither
Public hearings are scheduled on the As the jurisdictional basis for the Registrant, nor anyone purporting to
proposed amendments as follows: proceeding, the Show Cause Order represent him, has requested a hearing
• Appellate Rules in Washington, DC, alleged that Registrant’s registration or submitted a written statement while
on November 9, 2017, and in Phoenix, expires on September 30, 2017. Id. waiving his right to a hearing.
Arizona, on January 5, 2018; As the substantive grounds for the Accordingly, I find that Registrant has
• Bankruptcy Rules in Washington, proceeding, the Show Cause Order waived his right to a hearing and his
DC, on January 17, 2018, and in alleged that Registrant currently lacks right to submit a written statement. 21
Pasadena, California, on January 30, authority to ‘‘handle controlled CFR 1301.43(d). I therefore issue this
2018; substances in California,’’ voluntarily Decision and Order based on the record
• Criminal Rules in Chicago, Illinois, surrendered his California dental submitted by the Government. 21 CFR
on October 24, 2017, and in Phoenix, license ‘‘on approximately September 8, 1301.43(e).
Arizona, on January 5, 2018; and 2016,’’ and subsequently ‘‘signed a
• Evidence Rules in Boston, Stipulated Surrender of License and Findings of Fact
Massachusetts, on October 27, 2017, and Order before the Dental Board of
in Phoenix, Arizona, on January 5, 2018. Registrant’s DEA Registration
California’’ on November 7, 2016.2 Id. at
Those wishing to testify must contact 2. The Government asserted that Registrant currently holds DEA
the Secretary by email at: Rules_ Registrant’s ‘‘lack of authority to handle practitioner registration AG1976971
Support@ao.uscourts.gov, with a copy controlled substances in the State of authorizing him to dispense controlled
mailed to the address below, at least 30 California constitutes grounds to revoke substances in Schedules II through IV.
days before the hearing. . . . [his] registration.’’ Id. GX 1, GX 2. This registration expires on
FOR FURTHER INFORMATION CONTACT: Citing 21 CFR 1301.43, the Show September 30, 2017. Id.
Rebecca A. Womeldorf, Secretary, Cause Order notified Registrant of his DEA practitioner registration
Committee on Rules of Practice and right to request a hearing on the AG1976971 is assigned to Registrant at
Procedure of the Judicial Conference of allegation or to submit a written ‘‘232 Third Avenue, Ste A, 232 3rd
the United States, Thurgood Marshall statement while waiving his right to a Ave., Chula Vista, CA 91910.’’ Id.
Federal Judiciary Building, One hearing, the procedure for electing each
The Status of Registrant’s State License
Columbus Circle NE., Suite 7–240, option, and the consequence for failing
Washington, DC 20544, Telephone (202) to elect either option. Id. at 2. Citing 21 On November 15, 2016, the Dental
502–1820. U.S.C. 824(c)(2)(C), it notified Registrant Board of California ordered that Dental
of the opportunity to submit a corrective License No. 24551 was surrendered and
Dated: August 7, 2017.
action plan. Id. at 3. accepted by the DBC. GX 4, Appendix
Rebecca A. Womeldorf,
The lead DEA Diversion Investigator A (Stipulated Surrender of License and
Secretary, Committee on Rules of Practice (hereinafter, DI) assigned to Registrant’s Order). Pursuant to that Order,
and Procedure, Judicial Conference of the
matter executed a Declaration in which Registrant has lost ‘‘all rights and
United States.
she stated that, on May 5, 2017, she privileges as a dentist in California.’’ Id.
[FR Doc. 2017–16916 Filed 8–10–17; 8:45 am]
personally served Registrant with a copy at 2.
BILLING CODE 2210–55–P
of the Order to Show Cause at his Discussion
1 The Order to Show Cause stated that Registrant Pursuant to 21 U.S.C. 824(a)(3), the
DEPARTMENT OF JUSTICE
asabaliauskas on DSKBBXCHB2PROD with NOTICES

was authorized to prescribe controlled substances Attorney General is authorized to
in Schedule V. suspend or revoke a registration issued
Drug Enforcement Administration 2 The Government submitted the Stipulated
under section 823 of the Controlled
Surrender of License and Order before the Dental
Board of California (hereinafter, DBC), the Substances Act (hereinafter, CSA),
Luis C B Gomez, D.D.S. Decision and
Accusation dated May 2, 2012, the Decision and ‘‘upon a finding that the registrant . . .
Order Order of the DBC dated October 4, 2013, and the has had his State license . . .
DBC Stipulated Settlement and Disciplinary Order
On May 5, 2017, the Assistant dated July 31, 2013 with its Request for Final
suspended, revoked, or denied by
Administrator, Diversion Control Agency Action (hereinafter, RFAA). GX 4 competent State authority and is no
Division, Drug Enforcement (Appendices). longer authorized by State law to engage

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Document Created: 2018-10-24 11:47:17
Document Modified: 2018-10-24 11:47:17

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
Action		Notice of proposed amendments and open hearings.
Contact		Rebecca A. Womeldorf, Secretary, Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, Thurgood Marshall Federal Judiciary Building, One Columbus Circle NE., Suite 7-240, Washington, DC 20544, Telephone (202) 502-1820.
FR Citation		82 FR 37610