82_FR_39778 82 FR 39618 - Notice of Lodging Proposed Consent Decree

82 FR 39618 - Notice of Lodging Proposed Consent Decree

DEPARTMENT OF JUSTICE

Federal Register Volume 82, Issue 160 (August 21, 2017)

Page Range39618-39619
FR Document2017-17634

Federal Register, Volume 82 Issue 160 (Monday, August 21, 2017) 
[Federal Register Volume 82, Number 160 (Monday, August 21, 2017)]
[Notices]
[Pages 39618-39619]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17634]


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DEPARTMENT OF JUSTICE


Notice of Lodging Proposed Consent Decree

    In accordance with Departmental Policy, 28 CFR 50.7, notice is 
hereby given that a proposed Consent Decree in United States v. Duarte 
Nursery, Inc. and John Duarte, Civil Action Number 2:13-cv-02095-KJM-
DB, was lodged with the United States District Court for the Eastern 
District of California, Sacramento District, on August 15, 2017.
    This proposed Consent Decree concerns an answer and counterclaim 
filed by the United States on May 7, 2014, against Duarte Nursery, Inc. 
and

[[Page 39619]]

John Duarte, pursuant to Sections 301(a) and 309(d) of the Clean Water 
Act, 33 U.S.C. 1311(a) and 1319(d), to obtain injunctive relief from 
and impose civil penalties against the Counterclaim-Defendants for 
violating the Clean Water Act by discharging pollutants without a 
permit into waters of the United States. The proposed Consent Decree 
resolves these allegations by requiring the Counterclaim-Defendants to 
restore the impacted areas and/or perform mitigation and to pay a civil 
penalty.
    The Department of Justice will accept written comments relating to 
this proposed Consent Decree for thirty (30) days from the date of 
publication of this Notice. Please address comments to Andrew Doyle, 
Senior Attorney, United States Department of Justice, Environment and 
Natural Resources Division, Environmental Defense Section, Post Office 
Box 7611, Washington, DC 20044, and refer to United States v. Duarte 
Nursery, Inc. and John Duarte, DJ # 90-5-1-4-19984.
    The proposed Consent Decree may be examined at the Clerk's Office, 
United States District Court for the Eastern District of California, 
Sacramento District, 501 I Street, Room 4-200, Sacramento, CA 95814. In 
addition, the proposed Consent Decree may be examined electronically at 
http://www.justice.gov/enrd/consent-decrees.

Cherie L. Rogers,
Assistant Section Chief, Environmental Defense Section, Environment and 
Natural Resources Division.
[FR Doc. 2017-17634 Filed 8-18-17; 8:45 am]
 BILLING CODE 4410-15-P

39618 Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Notices Lazaro Guerra, 68 FR 15226, 15227 authority to respond to the ‘‘[i]mproper material fact at issue, I reject his (2003) (‘‘mandatory exclusion from diversion of controlled substances by contention that the use of summary participation in the Medicare program practitioners,’’ which Congress disposition denied him due process. See pursuant to 42 U.S.C. 1320a–7(a) . . . is explained ‘‘is one of the most serious Rezik A. Saqer, 81 FR 22122, 22124 an independent ground for revoking a aspects of the drug abuse problem.’’ H. (2016) (citing cases). DEA registration’’ (citing 21 U.S.C. Rep. No. 98–1030, at 266 (1984), as I therefore reject each of Respondent’s 824(a)(5)). See also Richard B. Lynch, reprinted in 1984 U.S.C.C.A.N. 3182, Exceptions. Based on the ALJ’s finding Jr., 50 FR 7844, 7845 (1985) (Agency 3448. The House Report explained that that Respondent is not currently made findings under section 824(a) (1), ‘‘effective Federal actions against authorized to dispense controlled 824(a)(2), and 824(a)(3); ‘‘The practitioners has been severely inhibited substances in Louisiana, the State in Administrator concludes that there are by the limited authority in current law which he holds the DEA registration at three independent statutory grounds for to deny or revoke practitioner issue in this proceeding and seeks an denial of the subject application.’’). registrations’’ and that ‘‘the current additional registration, I will adopt the The Agency’s interpretation is limited grounds for revoking or denying ALJ’s recommended order that I revoke buttressed by the CSA’s legislative a practitioner’s registration have been his registration and deny his history. As originally enacted, the CSA cited as contributing to the problem of application. granted the Attorney General authority diversion of dangerous drugs.’’ Id. Order to suspend or revoke a registration: Finding that ‘‘the overly limited bases in upon a finding that the registrant— current law for denial or revocation of Pursuant to the authority vested in me a practitioner’s registration do not by 21 U.S.C. 824(a), as well as 28 CFR (1) has materially falsified any application 0.100(b), I order that DEA Certificate of filed pursuant to or required by this title [the operate in the public interest,’’ Congress amended section 823(f) ‘‘to expand the Registration No. BF4179203 issued to CSA] or title III [the Controlled Substance Import Export Act (CSIEA), 21 U.S.C. 951– authority of the Attorney General to Arnold E. Feldman, M.D., as well as 971]; deny a practitioner’s registration DATA Identification No. XF4179203, (2) has been convicted of a felony under application’’ based upon a finding ‘‘that be, and they hereby are, revoked. I [the CSA or CSIEA] or any other law of the registration would be ‘inconsistent with further order that the Application of United States, or of any State, relating to any the public interest.’’’ Id. (emphasis Arnold E. Feldman, M.D., for a substance defined in this title as a controlled added). registration as a Hospital/Clinic, as well substance; or While Congress also amended section any application to renew the above the (3) has had his state license or registration ‘‘824(a) to add to the current bases for registration or for any other registration suspended, revoked, or denied by competent in the State of Louisiana, be, and it denial, revocation, or suspension of state authority and is no longer authorized by State law to engage in the . . . dispensing of registration a finding that registration hereby is, denied. This ORDER is controlled substances. would be inconsistent with the public effective immediately.8 interest on the grounds specified in Dated: August 14, 2017. Pub. L. 91–513, § 304, 84 Stat. 1255 [section] 823, which will include (codified at 21 U.S.C. 824(a)).7 Chuck Rosenberg, consideration of the new factors added Describing this provision, the House Acting Administrator. by’’ the amendment, id. at 266–67, Report explained that ‘‘[s]ubsection (a) [FR Doc. 2017–17640 Filed 8–18–17; 8:45 am] Congress did not otherwise alter the text of this section empowers the Attorney of section 824(a), which makes clear BILLING CODE 4410–09–P General to revoke or suspend any that the various paragraphs of this registration issued under this title if it provision are findings, each of which is found that the holder has falsified his DEPARTMENT OF JUSTICE provides an independent and adequate application, lost his State license, or has ground to support agency action against Notice of Lodging Proposed Consent been convicted of a felony violation a registration, and not discretionary Decree relating to any controlled substance.’’ H. factors to be considered by the Agency. Rep. No. 91–1444 (1970), as reprinted in Indeed, Respondent points to nothing in In accordance with Departmental 1970 U.S.C.C.A.N. 4566, 4608–09. the language of section 824 or the CSA’s Policy, 28 CFR 50.7, notice is hereby Absent from this statement is any legislative history to support his given that a proposed Consent Decree in discussion that in determining the position, which would fundamentally United States v. Duarte Nursery, Inc. sanction, the Attorney General was alter the scope of the Agency’s authority and John Duarte, Civil Action Number required to consider not only whether a under section 824. 2:13–cv–02095–KJM–DB, was lodged registrant had lost his state authority, Nor is there any merit to Respondent’s with the United States District Court for but also whether he had also materially contention that denying him ‘‘the the Eastern District of California, falsified his application or had been opportunity to present other evidence Sacramento District, on August 15, convicted of a felony related to a supporting [his] continued registration’’ 2017. controlled substance. denies him due process. Exceptions, at This proposed Consent Decree Moreover, while in 1984, Congress 6. As explained above, in a proceeding concerns an answer and counterclaim amended the CSA by granting the brought against a practitioner under filed by the United States on May 7, Attorney General authority to deny an section 824(a)(3), the only fact that is 2014, against Duarte Nursery, Inc. and application for a practitioner’s material is whether the practitioner is asabaliauskas on DSKBBXCHB2PROD with NOTICES registration and to revoke an existing currently authorized to dispense 8 Based on the Board’s findings with respect to registration on public interest grounds, controlled substances under laws of the the sixth charge of the Administrative Complaint, which found that he violated state law by it did so to increase the Agency’s state in which he practices and is prescribing, dispensing, or administering legally registered. Because ‘‘other evidence controlled substances or any dependency-inducing 7 Cf. Reiter v. Sonotone Corp., 442 U.S.C. 330, 339 supporting [his] continued registration’’ medication without legitimate medical justification (1979) (‘‘Canons of construction ordinarily suggest is not material to the outcome of this thereof or in other than a legal or legitimate that terms connected by a disjunctive be given manner,’’ I find that the public interest necessitates separate meanings, unless the context dictates proceeding, and Respondent was that this Order be effective immediately. Mot. for otherwise[.]) (citing FCC v. Pacifica Foundation, provided with the opportunity to put Summ. Disp., Appendix C, at 13, 15; see also 21 438 U.S. 726, 739–40 (1978)). forward evidence disputing the only CFR 1316.67. VerDate Sep<11>2014 20:00 Aug 18, 2017 Jkt 241001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\21AUN1.SGM 21AUN1

Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Notices 39619 John Duarte, pursuant to Sections 301(a) OMB’s estimates of actions to date by and recommendation of applications for and 309(d) of the Clean Water Act, 33 the House of Representatives for the 12 financial assistance under the National U.S.C. 1311(a) and 1319(d), to obtain annual appropriations bills would result Foundation on the Arts and Humanities injunctive relief from and impose civil in a sequestration of approximately Act of 1965. penalties against the Counterclaim- $72.4 billion in defense programs. The DATES: See SUPPLEMENTARY INFORMATION Defendants for violating the Clean Water report also finds that actions or funding section for meeting dates. The meetings Act by discharging pollutants without a guidance by the Senate would result in will open at 8:30 a.m. and will adjourn permit into waters of the United States. a sequestration of approximately $2.0 by 5:00 p.m. on the dates specified The proposed Consent Decree resolves billion in defense programs and $3.8 below. these allegations by requiring the billion for non-defense programs. Counterclaim-Defendants to restore the Finally, the report also contains OMB’s ADDRESSES: The meetings will be held at impacted areas and/or perform Preview Estimate of the Disaster Relief Constitution Center at 400 7th Street mitigation and to pay a civil penalty. Funding Adjustment for FY 2018. SW., Washington, DC 20506, unless The Department of Justice will accept otherwise indicated. DATES: Date: August 20, 2017. Section written comments relating to this FOR FURTHER INFORMATION CONTACT: 254 of the Balanced Budget and proposed Consent Decree for thirty (30) Emergency Deficit Control Act of 1985 Elizabeth Voyatzis, Committee days from the date of publication of this requires the Office of Management and Management Officer, 400 7th Street Notice. Please address comments to Budget (OMB) to issue a Sequestration SW., Room, 4060, Washington, DC Andrew Doyle, Senior Attorney, United Update Report on August 20th of each 20506; (202) 606–8322; evoyatzis@ States Department of Justice, year. With regard to this update report neh.gov. Environment and Natural Resources and to each of the three required SUPPLEMENTARY INFORMATION: Pursuant Division, Environmental Defense to section 10(a)(2) of the Federal sequestration reports, section 254(b) Section, Post Office Box 7611, Advisory Committee Act (5 U.S.C. specifically states the following: Washington, DC 20044, and refer to App.), notice is hereby given of the United States v. Duarte Nursery, Inc. SUBMISSION AND AVAILABILITY OF REPORTS.—Each report required by this following meetings: and John Duarte, DJ # 90–5–1–4–19984. The proposed Consent Decree may be section shall be submitted, in the case of 1. Date: September 5, 2017 CBO, to the House of Representatives, the This meeting will discuss examined at the Clerk’s Office, United Senate and OMB and, in the case of OMB, applications for the Humanities States District Court for the Eastern to the House of Representatives, the Senate, District of California, Sacramento Initiatives at Historically Black and the President on the day it is issued. On District, 501 I Street, Room 4–200, Colleges and Universities grant the following day a notice of the report shall Sacramento, CA 95814. In addition, the be printed in the Federal Register. program, submitted to the Division proposed Consent Decree may be of Education Programs. ADDRESSES: The OMB Sequestration 2. Date: September 6, 2017 examined electronically at http:// Reports to the President and Congress is www.justice.gov/enrd/consent-decrees. This meeting will discuss available on-line on the OMB home applications for the Humanities Cherie L. Rogers, page at: https://www.whitehouse.gov/ Initiatives at Hispanic-Serving Assistant Section Chief, Environmental omb/public-releases/omb-reports. Institutions grant program, Defense Section, Environment and Natural FOR FURTHER INFORMATION CONTACT: submitted to the Division of Resources Division. Thomas Tobasko, 6202 New Executive Education Programs. [FR Doc. 2017–17634 Filed 8–18–17; 8:45 am] Office Building, Washington, DC 20503, 3. Date: September 6, 2017 BILLING CODE 4410–15–P Email address: ttobasko@omb.eop.gov, This meeting will discuss telephone number: (202) 395–5745, FAX applications on the subjects of Art number: (202) 395–4768. Because of and Culture for Digital Projects for OFFICE OF MANAGEMENT AND delays in the receipt of regular mail the Public: Production Grants, BUDGET related to security screening, submitted to the Division of Public respondents are encouraged to use Programs. OMB Sequestration Update Report to electronic communications. 4. Date: September 7, 2017 the President and Congress for Fiscal This meeting will discuss Year 2018 Mick Mulvaney, Director. applications on the subject of U.S. AGENCY: Executive Office of the History for Digital Projects for the [FR Doc. 2017–17595 Filed 8–18–17; 8:45 am] President, Office of Management and Public: Production Grants, BILLING CODE P Budget. submitted to the Division of Public ACTION: Notice of availability of the Programs. OMB Sequestration Update Report to 5. Date: September 7, 2017 NATIONAL FOUNDATION ON THE This meeting will discuss the President and Congress for FY 2018. ARTS AND THE HUMANITIES applications for the Humanities SUMMARY: OMB is issuing the OMB Initiatives at Hispanic-Serving Meetings of Humanities Panel Sequestration Update Report to the Institutions grant program, President and Congress for Fiscal Year AGENCY: National Endowment for the submitted to the Division of asabaliauskas on DSKBBXCHB2PROD with NOTICES 2018 to report on the status of the Humanities. Education Programs. discretionary caps and on the ACTION: Notice of meetings. 6. Date: September 8, 2017 compliance of pending discretionary This meeting will discuss appropriations legislation with those SUMMARY: The National Endowment for applications for the Humanities caps. For fiscal year 2017, the report the Humanities will hold nine meetings Initiatives at Hispanic-Serving finds enacted appropriations to be of the Humanities Panel, a Federal Institutions grant program, within the spending limits. For fiscal advisory committee, during September, submitted to the Division of year 2018, the report finds that, if the 2017. The purpose of the meetings is for Education Programs. current limits remain unchanged, under panel review, discussion, evaluation, 7. Date: September 11, 2017 VerDate Sep<11>2014 18:37 Aug 18, 2017 Jkt 241001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\21AUN1.SGM 21AUN1


Document Created: 2017-08-19 00:44:32
Document Modified: 2017-08-19 00:44:32
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 39618 
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