82 FR 46529 - Sunshine Act Meeting

DEPARTMENT OF JUSTICE
Foreign Claims Settlement Commission

Federal Register Volume 82, Issue 192 (October 5, 2017)

Page Range		46529-46530
FR Document		2017-21613

Federal Register, Volume 82 Issue 192 (Thursday, October 5, 2017)

[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)]
[Notices]
[Pages 46529-46530]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21613]


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DEPARTMENT OF JUSTICE

Foreign Claims Settlement Commission

[F.C.S.C. Meeting and Hearing Notice No. 9-17]


Sunshine Act Meeting

    The Foreign Claims Settlement Commission, pursuant to its 
regulations

[[Page 46530]]

(45 CFR part 503.25) and the Government in the Sunshine Act (5 U.S.C. 
552b), hereby gives notice in regard to the scheduling of open meetings 
as follows:

Thursday, October 19, 2017:

    10:00 a.m.--Issuance of Proposed Decisions in claims against Iraq.

Status: Open.
    All meetings are held at the Foreign Claims Settlement Commission, 
600 E Street NW., Washington, DC. Requests for information, or advance 
notices of intention to observe an open meeting, may be directed to: 
Patricia M. Hall, Foreign Claims Settlement Commission, 600 E Street 
NW., Suite 6002, Washington, DC 20579. Telephone: (202) 616-6975.

Brian M. Simkin,
Chief Counsel.
[FR Doc. 2017-21613 Filed 10-3-17; 4:15 pm]
 BILLING CODE 4410-BA-P

Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Notices 46529

controlled substances under the laws of Respondent ‘‘has been convicted of a summary-judgment movant makes out a
the State in which he practices.’’ Id. felony under this subchapter,’’ thus prima facie case that would entitle him
§ 823(f). Because Congress has clearly subjecting his registration to sanction. to a judgment as a matter of law if
mandated that a practitioner possess 21 U.S.C. 824(a)(2). uncontroverted at trial, summary
state authority in order to be deemed a In contrast to a practitioner’s loss of judgment will be granted unless the
practitioner under the Act, DEA has his state authority, this finding does not opposing party offers some competent
held repeatedly that revocation of a mandate the revocation of his evidence that could be presented at trial
practitioner’s registration is the registration on this ground and the showing that there is a genuine dispute
appropriate sanction whenever he is no Agency has held that a conviction is not as to a material fact.’’). And finally, as
longer authorized to dispense controlled a per se bar to registration (as is the loss the evidence shows that Respondent is
substances under the laws of the State of state authority). See Jeffery M. only one year into a 30-year term of
in which he practices medicine. See, Freesemann, 76 FR 60873 n.1 (2011) imprisonment, he has clearly
e.g., Calvin Ramsey, 76 FR 20034, 20036 (citing The Lawsons, 72 FR 74334, discontinued (even if involuntarily) his
(2011); Sheran Arden Yeates, M.D., 71 74338 (2007)); Michael S. Moore, 76 FR professional practice. Cf. 21 CFR
FR 39130, 39131 (2006); Dominick A. 45867 (2011). Here, however, 1301.52 (‘‘the registration of any person
Ricci, 58 FR 51104, 51105 (1993); Bobby Respondent’s criminal conduct, which . . . shall terminate . . . if and when
Watts, 53 FR 11919, 11920 (1988); see involves 120 felony convictions for such person . . . discontinues business
also Frederick Marsh Blanton, 43 FR unlawful distribution, including for or professional practice’’). Thus, even if
27616 (1978). unlawful distribution resulting in death, his state license had not been
Based on the Board’s Final Order of is so obviously egregious that revocation suspended, his continued registration
Automatic Suspension, it is undisputed is warranted. See Masters would violate DEA’s longstanding
that Respondent is no longer currently Pharmaceutical, Inc., v. DEA, 861 F.3d policy barring shelf registrations. See,
authorized to dispense controlled 206, 226 (D.C. Cir. 2017) (recognizing e.g., Performance Construction, Inc., 67
substances in Pennsylvania, the State in Agency’s authority to revoke a FR 9993 (2002). Accordingly, I conclude
which he is registered with the Agency. registration based on extensive and that the ALJ properly granted summary
Respondent is therefore not entitled to egregious misconduct even if registrant disposition on this ground. I further
maintain his registration. This provides had accepted responsibility); see also conclude that Respondent’s multiple
reason alone to revoke his registration Hatem Attaya, 81 FR 8221, 8244 (2016) felony convictions for violating the CSA
and to deny any pending application for (‘‘[W]hile proceedings under 21 U.S.C. provide an additional and independent
registration in Pennsylvania.2 823 and 824 are remedial in nature, basis for revoking his registration and
there are cases in which, denying any pending application.
Respondent’s Criminal Convictions
notwithstanding a finding that a
Pursuant to 21 U.S.C. 824(a)(2), the registrant has credibly accepted Order
Attorney General may also suspend or responsibility, the misconduct is so Pursuant to the authority vested in me
revoke a registration issued under egregious and extensive that the by 21 U.S.C. 824(a) and 28 CFR 0.100(b),
section 823 of Title 21, ‘‘upon a finding protection of the public interest I order that DEA Certificate of
that the registrant . . . has been nonetheless warrants the revocation of a Registration No. BO3937781 and DATA-
convicted of a felony under this registration or the denial of an Waiver Identification No. XO3937781
subchapter’’ (the Controlled Substances application.’’) (citation omitted). issued to William J. O’Brien, III, D.O.,
Act). Here too, it is undisputed that While ordinarily a respondent who be, and they hereby are, revoked. I
Respondent has been convicted of more has been convicted of a felony subject further order that any application of
than 100 different felony violations of to section 824(a)(2) is entitled to present William J. O’Brien, III, D.O. to renew or
the CSA, including two of counts of a case as to why his registration should modify this registration, or for any other
conspiracy to distribute controlled not be revoked (or his application DEA registration, be, and it hereby is,
substances, 21 U.S.C. 846; 117 counts of denied), I nonetheless conclude that the denied. This Order is effective
distribution of controlled substances, in ALJ properly granted summary immediately.5
violation of 21 U.S.C. 841(a)(1) and disposition in this matter because there
(b)(1)(C) and (b)(1)(E); and one count of Dated: September 28, 2017.
is no issue of any disputed material fact.
distribution of controlled substances Here, even ignoring the manifest Chuck Rosenberg,
resulting in death, in violation of 21 egregiousness of Respondent’s criminal Acting Administrator.
U.S.C. 841(a)(1) and (b)(1)(C). While conduct, he has put forward no [FR Doc. 2017–21380 Filed 10–4–17; 8:45 am]
Respondent asserts that his convictions evidence to show why he can be BILLING CODE 4410–09–P
are not final because his case is on entrusted with a registration nor raised
direct appeal, the District Court has any contention that he acknowledges
entered the judgment and Respondent, his misconduct and has undertaken DEPARTMENT OF JUSTICE
who is currently incarcerated in a remedial measures.4 See Medicine
United States Penitentiary, points to no Shoppe-Jonesborough, 73 FR 364, 387 Foreign Claims Settlement
order by the Court vacating the (2008) (other citations omitted). Cf. 10B Commission
judgment.3 Accordingly, I find that Charles Allen Wright, et al., Federal [F.C.S.C. Meeting and Hearing Notice No.
2 While this ground was not cited in the Show
Practice and Procedure Civ. § 2727.2 9–17]
Cause Order, the Government provided
(4th ed. April 2017 update) (‘‘If the
Sunshine Act Meeting
ethrower on DSK3G9T082PROD with NOTICES

constitutionally adequate notice that it was also
seeking revocation on this basis when it served involved a motion for amended findings under Rule
Respondent with its Motion for Summary 52 of the Federal Rules of Civil Procedure and has
The Foreign Claims Settlement
Disposition and Respondent had a meaningful no relevance to this matter. Commission, pursuant to its regulations
opportunity to put forward evidence and contest 4 To the contrary, in his various filings,
the issue. See Hatem Ataya, 81 FR 8221, 8244–45 Respondent maintains that various agents ‘‘misle[d] 5 Based on Respondent’s numerous convictions, I
(2016). the grand jury to get the original indictment’’ and conclude that the public interest necessitates that
3 As for Respondent’s reliance on Leishman v. that ‘‘no warrants were issued for 19 videotaped this Order be effective immediately. 21 CFR
Associated Wholesale Electric Co., that case visits.’’ Resp.’s Hrng. Req., at 1. 1316.67.

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46530 Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Notices

(45 CFR part 503.25) and the of CERCLA, 42 U.S.C. 9606(a), at the November 1 and 2, 2017. The meeting
Government in the Sunshine Act (5 Site. will take place at the Bureau of Labor
U.S.C. 552b), hereby gives notice in The publication of this notice opens Statistics (BLS) Janet Norwood Training
regard to the scheduling of open a period for public comment on the and Conference Center in Washington,
meetings as follows: Consent Decree. Comments should be DC. The WIAC was established in
addressed to the Acting Assistant accordance with provisions of the
Thursday, October 19, 2017: Attorney General, Environment and Federal Advisory Committee Act
10:00 a.m.—Issuance of Proposed Natural Resources Division, and should (FACA), as amended and will act in
Decisions in claims against Iraq. refer to United States v. Aramark accordance with the applicable
STATUS: Open. Uniform & Career Apparel, LLC, Civil provisions of FACA and its
All meetings are held at the Foreign Action No. 3:17–cv–04062 (S.D.W. Va.), implementing regulation. The meeting
Claims Settlement Commission, 600 E DJ Ref. No. 90–11–3–11369. All will be open to the public.
Street NW., Washington, DC. Requests comments must be submitted no later DATES: The meeting will take place on
for information, or advance notices of than 30 days after the publication date Wednesday, November 1, and Thursday,
intention to observe an open meeting, of this notice. Comments may be November 2, 2017 from 8:30 a.m. to 4:30
may be directed to: Patricia M. Hall, submitted either by email or by mail: p.m. Public statements and requests for
Foreign Claims Settlement Commission, special accommodations or to address
600 E Street NW., Suite 6002, To submit the Advisory Council must be received
Send them to:
comments:
Washington, DC 20579. Telephone: by October 23, 2017.
(202) 616–6975. By email ....... pubcomment-ees.enrd@ ADDRESSES: The meeting will be held at
usdoj.gov. the BLS Janet Norwood Training and
Brian M. Simkin,
By mail ......... Assistant Attorney General, Conference Center, Rooms 7 and 8, in
Chief Counsel. U.S. DOJ—ENRD, P.O. the Postal Square Building at 2
[FR Doc. 2017–21613 Filed 10–3–17; 4:15 pm] Box 7611, Washington, DC Massachusetts Ave. NE., Washington,
BILLING CODE 4410–BA–P 20044–7611. DC 20212.
FOR FURTHER INFORMATION CONTACT:
During the public comment period,
the Consent Decree may be examined Steven Rietzke, Chief, Division of
DEPARTMENT OF JUSTICE National Programs, Tools, and
and downloaded at this Justice
Notice of Lodging of Proposed Department Web site: https:// Technical Assistance, Employment and
Consent Decree Under the www.justice.gov/enrd/consent-decrees. Training Administration, U.S.
Comprehensive Environmental We will provide a paper copy of the Department of Labor, Room C–4510, 200
Response, Compensation, and Liability Consent Decree upon written request Constitution Ave. NW., Washington, DC
Act and payment of reproduction costs. 20210; Telephone: 202–693–3912. Mr.
Please mail your request and payment Rietzke is the Designated Federal Officer
On September 28, 2017, the for the WIAC.
to: Consent Decree Library, U.S. DOJ—
Department of Justice lodged a Consent SUPPLEMENTARY INFORMATION:
ENRD, P.O. Box 7611, Washington, DC
Decree with defendant Aramark Background: The WIAC is an
20044–7611.
Uniform & Career Apparel, LLC Please enclose a check or money order important component of the Workforce
(‘‘Aramark’’) in the United States for $6.00 (25 cents per page Innovation and Opportunity Act. The
District Court for the Southern District reproduction cost) payable to the United WIAC is a Federal Advisory Committee
of West Virginia, Civil Action No. 3:17– States Treasury. For a paper copy of workforce and labor market
cv–04062. The Consent Decree resolves without the exhibits and signature information experts representing a
a claim under Section 107(a)(2) of the pages, the cost is $5.25. broad range of national, State, and local
Comprehensive Environmental data and information users and
Response, Compensation, and Liability Jeffrey Sands, producers. The purpose of the WIAC is
Act (‘‘CERCLA’’), 42 U.S.C. 9607(a)(2), Assistant Section Chief, Environmental to provide recommendations to the
for past response costs incurred in Enforcement Section, Environment and Secretary of Labor, working jointly
connection with the release of PCE at Natural Resources Division. through the Assistant Secretary for
the Coyne Textile Services Superfund [FR Doc. 2017–21394 Filed 10–4–17; 8:45 am] Employment and Training and the
Site, located in Huntington, West BILLING CODE 4410–15–P Commissioner of Labor Statistics, to
Virginia. The Complaint filed address: (1) The evaluation and
concurrently with the Consent Decree improvement of the nationwide
alleges that Aramark, through a DEPARTMENT OF LABOR workforce and labor market information
predecessor company, owned and (WLMI) system and statewide systems
operated an industrial laundry business Employment and Training that comprise the nationwide system;
at the Site from 1972 to 1982 that Administration and (2) how the Department and the
included a dry cleaning process that States will cooperate in the management
utilized perchloroethylene (‘‘PERC’’ or Workforce Information Advisory of those systems. These systems include
‘‘PCE’’). The proposed consent decree Council (WIAC) programs to produce employment-
obligates Aramark to reimburse $1.595 AGENCY: Employment and Training related statistics and State and local
million of the United States’ past Administration, Labor. workforce and labor market information.
ethrower on DSK3G9T082PROD with NOTICES

response costs and provides Aramark a ACTION: Notice of meeting. The Department of Labor anticipates
covenant not to sue for past response the WIAC will accomplish its objectives
costs incurred through May 10, 2017. SUMMARY: Pursuant to the Workforce by: (1) Studying workforce and labor
Aramark is performing the work at the Innovation and Opportunity Act of 2014 market information issues; (2) seeking
Site pursuant to an administrative order (WIOA), which amends the Wagner- and sharing information on innovative
and agreement with EPA, which Peyser Act of 1933, notice is hereby approaches, new technologies, and data
addresses claims under Section 106(a) given that the WIAC will meet on to inform employment, skills training,

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Document Created: 2017-10-05 00:53:50
Document Modified: 2017-10-05 00:53:50

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 46529

82 FR 46529 - Sunshine Act Meeting

DEPARTMENT OF JUSTICEForeign Claims Settlement Commission

Federal Register Volume 82, Issue 192 (October 5, 2017)

DEPARTMENT OF JUSTICE
Foreign Claims Settlement Commission