83_FR_12461 83 FR 12406 - Keith F. Ostrosky, D.D.S.; Dismissal of Proceeding

83 FR 12406 - Keith F. Ostrosky, D.D.S.; Dismissal of Proceeding

DEPARTMENT OF JUSTICE
Drug Enforcement Administration

Federal Register Volume 83, Issue 55 (March 21, 2018)

Page Range12406-12407
FR Document2018-05746

Federal Register, Volume 83 Issue 55 (Wednesday, March 21, 2018) 
[Federal Register Volume 83, Number 55 (Wednesday, March 21, 2018)]
[Notices]
[Pages 12406-12407]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05746]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Keith F. Ostrosky, D.D.S.; Dismissal of Proceeding

    On August 30, 2017, the Acting Assistant Administrator, Diversion 
Control Division, Drug Enforcement Administration, issued an Order to 
Show Cause to Keith F. Ostrosky, D.D.S., of South St. Paul, Minnesota 
(hereinafter, Registrant).\1\ GX 2. The Show Cause Order proposed the 
revocation of Registrant's Certificate of Registration on the ground 
that he does not ``have . . . state authority to handle controlled 
substances.'' Id. at 1.
---------------------------------------------------------------------------

    \1\ While for reasons explained in this Decision, Registrant is 
now an Ex-Registrant, I refer to him as Registrant throughout this 
Decision.
---------------------------------------------------------------------------

    As to the jurisdictional basis of the proceeding, the Show Cause 
Order alleged that Registrant is registered as a practitioner in 
schedules II through V under Certificate of Registration No. BO1259983, 
at the registered location of 351 15th Ave. N., South St. Paul, 
Minnesota. The Order further alleged that this Registration was due to 
expire on December 31, 2017. Id.
    As to the substantive basis for the proceeding, the Show Cause 
Order alleged that ``[o]n February 3, 2017, the Minnesota Board of 
Dentistry issued a Stipulation and Order,'' pursuant to which the Board 
accepted Registrant's voluntary surrender of his license to practice 
dentistry in the State of Minnesota. Id. The Show Cause Order thus 
alleged that Registrant is ``currently without authority to practice 
dentistry or handle controlled substances in the State of Minnesota, 
the [S]tate in which [he is] registered with the DEA,'' and that as a 
consequence, his registration is subject to revocation. Id. at 1-2.
    The Show Cause Order notified Registrant of his right to request a 
hearing on the allegations or to submit a written statement of position 
while waiving his right to a hearing, the procedure for electing either 
option, and the consequence of failing to elect either option. Id. at 
2. The Show Cause Order also notified Registrant of his right to submit 
a Corrective Action Plan pursuant to 21 U.S.C. Sec.  824(c)(2)(C). Id. 
at 2-3.
    On September 9, 2017, the Government accomplished service of the 
Show Cause Order by certified mail, as evidenced by the signed Return 
Receipt Card. GX 4. On November 7, 2017, the Government submitted a 
Request for Final Agency Action (RFAA). Therein, the Government 
represents that Registrant did not

[[Page 12407]]

request a hearing and ``has not otherwise corresponded or communicated 
with [the Agency] regarding the Order . . . including the filing of any 
written statement in lieu of a hearing.'' RFAA, at 1-2. Based on the 
Government's representation I find that more than 30 days have now 
passed since Registrant was served with the Show Cause Order and that 
he has not requested a hearing or filed a written statement of 
position; I further find that Registrant has not filed a Corrective 
Action Plan. Accordingly, I find that Registrant has waived his right 
to a hearing or to submit a written statement while waiving his right 
to a hearing; I also find that Registrant has waived his right to 
submit a Corrective Action Plan. 21 CFR 1301.43(d).
    In the RFAA, the Government seeks a final order revoking 
Registrant's registration. As support for the proposed sanction, the 
Government's evidence includes a copy of the Stipulation and Order 
issued by the Minnesota Board on February 3, 2017, pursuant to which it 
accepted Registrant's voluntary surrender of his dental license. GX 3.
    The Government also submitted a Certification of Registration 
History, which was sworn to on October 30, 2017. GX 1. Therein, the 
Associate Chief of the Registration and Program Support Section states 
that Registration No. BO1259983 ``expires on December 31, 2017,'' and 
that ``Keith F. Ostrosky, D.D.S., has no other pending or valid DEA 
registration(s) in Minnesota.'' Id. at 1-2.
    Pursuant to 5 U.S.C. Sec.  556(e), I take official notice of 
Registrant's registration record with Agency. According to that record, 
Registration No. BO1259983 expired on December 31, 2017 and Registrant 
has not filed an application, whether timely or not, to renew his 
registration or for any other registration in the State of Minnesota.
    DEA has long held that `` `if a registrant has not submitted a 
timely renewal application prior to the expiration date, then the 
registration expires and there is nothing to revoke.' '' Donald Brooks 
Reece II, M.D., 77 FR 35054, 35055 (2012) (quoting Ronald J. Riegel, 63 
FR 67312, 67133 (1998)); see also Thomas E. Mitchell, 76 FR 20032, 
20033 (2011). ``Moreover, in the absence of an application (whether 
timely filed or not), there is nothing to act upon.'' Reece, 77 FR at 
35055. Accordingly, because Registrant has allowed his registration to 
expire and has not filed any application for registration in Minnesota, 
this case is now moot and will be dismissed.

Order

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

    Dated: March 13, 2018.
Robert W. Patterson,
Acting Administrator.
[FR Doc. 2018-05746 Filed 3-20-18; 8:45 am]
 BILLING CODE 4410-09-P

12406 Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Notices this matter can be obtained by 337 of the Tariff Act of 1930, as DEPARTMENT OF JUSTICE contacting the Commission’s TDD amended, 19 U.S.C. 1337, and in Part terminal on (202) 205–1810. 210 of the Commission’s Rules of Drug Enforcement Administration SUPPLEMENTARY INFORMATION: The Practice and Procedure, 19 CFR part Commission instituted Investigation No. Keith F. Ostrosky, D.D.S.; Dismissal of 210. 337–TA–990 on March 18, 2016, based Proceeding By order of the Commission. on a complaint filed by Immersion On August 30, 2017, the Acting Corporation of San Jose, California Issued: March 15, 2018. Assistant Administrator, Diversion (‘‘Immersion’’). 81 FR 14889 (Mar. 18, Lisa R. Barton, Control Division, Drug Enforcement 2016). The complaint alleged violations Secretary to the Commission. Administration, issued an Order to of section 337 of the Tariff Act of 1930, [FR Doc. 2018–05637 Filed 3–20–18; 8:45 am] Show Cause to Keith F. Ostrosky, as amended (19 U.S.C. 1337), in the BILLING CODE 7020–02–P D.D.S., of South St. Paul, Minnesota importation into the United States, the (hereinafter, Registrant).1 GX 2. The sale for importation, or the sale within Show Cause Order proposed the the United States after importation of INTERNATIONAL TRADE revocation of Registrant’s Certificate of certain mobile electronic devices COMMISSION Registration on the ground that he does incorporating haptics (including not ‘‘have . . . state authority to handle smartphones and smartwatches) and controlled substances.’’ Id. at 1. [Investigation No. 731–TA–1104 (Second components thereof, by reason of As to the jurisdictional basis of the Review)] infringement of certain claims of U.S. proceeding, the Show Cause Order Patent Nos.: 8,773,356; 8,619,051; and alleged that Registrant is registered as a Certain Polyester Staple Fiber From 8,659,571. The notice of investigation practitioner in schedules II through V China named as respondents Apple Inc. of under Certificate of Registration No. Cupertino, California (‘‘Apple’’); AT&T Determination BO1259983, at the registered location of Inc. of Dallas, Texas (‘‘AT&T Inc’’); and 351 15th Ave. N., South St. Paul, AT&T Mobility LLC of Atlanta, Georgia On the basis of the record 1 developed Minnesota. The Order further alleged (‘‘AT&T Mobility’’). The Office of Unfair in the subject five-year review, the that this Registration was due to expire Import Investigations was also named as United States International Trade on December 31, 2017. Id. a party. On May 4, 2016, the Commission (‘‘Commission’’) As to the substantive basis for the Commission issued a notice determines, pursuant to the Tariff Act of proceeding, the Show Cause Order determining not to review the ALJ’s ID 1930 (‘‘the Act’’), that revocation of the alleged that ‘‘[o]n February 3, 2017, the terminating the investigation as to antidumping duty order on certain Minnesota Board of Dentistry issued a respondent AT&T Inc. based upon polyester staple fiber from China would Stipulation and Order,’’ pursuant to withdrawal of the complaint. be likely to lead to continuation or which the Board accepted Registrant’s The Commission instituted voluntary surrender of his license to recurrence of material injury to an Investigation No. 337–TA–1004 on June practice dentistry in the State of industry in the United States within a 9, 2016, based upon another complaint Minnesota. Id. The Show Cause Order reasonably foreseeable time. filed by Immersion, alleging a violation thus alleged that Registrant is ‘‘currently of section 337 by Apple and AT&T Background without authority to practice dentistry Mobility by reason of the infringement or handle controlled substances in the of certain claims of U.S. Patent Nos.: The Commission, pursuant to section State of Minnesota, the [S]tate in which 8,749,507; 7,808,488; 7,336,260; and 751(c) of the Act (19 U.S.C. 1675(c)), [he is] registered with the DEA,’’ and 8,581,710. 81 FR 37210 (June 9, 2016). instituted this review on September 1, that as a consequence, his registration is The notice of investigation authorized 2017 (82 FR 41654) and determined on subject to revocation. Id. at 1–2. the Chief Administrative Law Judge to December 5, 2017 that it would conduct The Show Cause Order notified consolidate Investigation Nos. 337–TA– an expedited review (83 FR 394, January Registrant of his right to request a 990 and 337–TA–1004 if he deemed it 3, 2018). hearing on the allegations or to submit appropriate. Id. at 37211. Thereafter, the The Commission made this a written statement of position while Chief Administrative Law Judge waiving his right to a hearing, the determination pursuant to section determined to consolidate the two procedure for electing either option, and 751(c) of the Act (19 U.S.C. 1675(c)). It investigations. Order No. 3, Inv. No. the consequence of failing to elect either 337–TA–1004 (June 9, 2016). completed and filed its determination in this review on March 15, 2018. The option. Id. at 2. The Show Cause Order On February 9, 2018, the parties filed also notified Registrant of his right to a joint motion to terminate the views of the Commission are contained submit a Corrective Action Plan investigation based on a settlement in USITC Publication 4767 (March pursuant to 21 U.S.C. § 824(c)(2)(C). Id. agreement reached between Immersion 2018), entitled Certain Polyester Staple at 2–3. and Apple that resolves the dispute in Fiber from China: Investigation No. 731– On September 9, 2017, the this investigation. On February 16, TA–1104 (Second Review). Government accomplished service of 2018, the ALJ issued the subject ID By order of the Commission. the Show Cause Order by certified mail, (Order No. 75), granting the motion. The as evidenced by the signed Return Issued: March 15, 2018. ALJ found that the motion complies Receipt Card. GX 4. On November 7, Lisa R. Barton, sradovich on DSK3GMQ082PROD with NOTICES with Commission Rules and termination 2017, the Government submitted a of the investigation will not adversely Secretary to the Commission. Request for Final Agency Action affect the public interest. No petition for [FR Doc. 2018–05695 Filed 3–20–18; 8:45 am] (RFAA). Therein, the Government review was filed. BILLING CODE 7020–02–P represents that Registrant did not The Commission has determined not to review the subject ID. 1 The record is defined in sec. 207.2(f) of the 1 While for reasons explained in this Decision, The authority for the Commission’s Commission’s Rules of Practice and Procedure (19 Registrant is now an Ex-Registrant, I refer to him as determination is contained in section CFR 207.2(f)). Registrant throughout this Decision. VerDate Sep<11>2014 18:34 Mar 20, 2018 Jkt 244001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\21MRN1.SGM 21MRN1

Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Notices 12407 request a hearing and ‘‘has not Order revocation of registration) has been otherwise corresponded or Pursuant to the authority vested in me redelegated to the Assistant communicated with [the Agency] by 21 U.S.C. 824(a), as well as 28 CFR Administrator of the DEA Diversion regarding the Order . . . including the 0.100(b), I hereby order that the Order Control Division (‘‘Assistant filing of any written statement in lieu of to Show Cause issued to Keith F. Administrator’’) pursuant to section 7 of a hearing.’’ RFAA, at 1–2. Based on the Ostrosky, D.D.S., be, and it hereby is, 28 CFR part 0, appendix to subpart R. Government’s representation I find that In accordance with 21 CFR dismissed. This Order is effective more than 30 days have now passed 1301.34(a), this is notice that on immediately. since Registrant was served with the December 29, 2017, Sanyal Show Cause Order and that he has not Dated: March 13, 2018. Biotechnology LLC, 700 West Olney requested a hearing or filed a written Robert W. Patterson, Road, Marioneaux Lab—Room 3159, statement of position; I further find that Acting Administrator. Norfolk, Virginia 23507–1607 applied to Registrant has not filed a Corrective [FR Doc. 2018–05746 Filed 3–20–18; 8:45 am] be registered as an importer the Action Plan. Accordingly, I find that BILLING CODE 4410–09–P following basic classes of controlled Registrant has waived his right to a substances: hearing or to submit a written statement while waiving his right to a hearing; I DEPARTMENT OF JUSTICE Controlled Drug Schedule substance code also find that Registrant has waived his right to submit a Corrective Action Plan. Drug Enforcement Administration Marihuana Extract ........ 7350 I 21 CFR 1301.43(d). [Docket No. DEA–392] Tetrahydrocannabinols 7370 I In the RFAA, the Government seeks a final order revoking Registrant’s Importer of Controlled Substances This company plans to import registration. As support for the proposed Application: Sanyal Biotechnology finished dosage unit products sanction, the Government’s evidence LLC containing gamma-hydroxybutyric acid includes a copy of the Stipulation and and cannabis extracts for clinical trial Order issued by the Minnesota Board on ACTION: Notice of application. studies. February 3, 2017, pursuant to which it This cannabis extracts compounds are DATES: Registered bulk manufacturers of listed under drug code 7350. No other accepted Registrant’s voluntary the affected basic classes, and activity for these drug codes is surrender of his dental license. GX 3. applicants therefore, may file written authorized for this registration. The Government also submitted a comments on or objections to the Approval of permit applications will Certification of Registration History, issuance of the proposed registration on occur only when the registrant’s which was sworn to on October 30, or before April 20, 2018. Such persons business activity is consistent with what 2017. GX 1. Therein, the Associate Chief may also file a written request for a is authorized under to 21 U.S.C. of the Registration and Program Support hearing on the application on or before 952(a)(2). Authorization will not extend Section states that Registration No. April 20, 2018. to the import of FDA approved or non- BO1259983 ‘‘expires on December 31, ADDRESSES: Written comments should approved finished dosage forms for 2017,’’ and that ‘‘Keith F. Ostrosky, be sent to: Drug Enforcement commercial sale. D.D.S., has no other pending or valid Administration, Attention: DEA Federal DEA registration(s) in Minnesota.’’ Id. at Dated: March 15, 2018. Register Representative/DRW, 8701 Susan A. Gibson, 1–2. Morrissette Drive, Springfield, Virginia Deputy Assistant Administrator. Pursuant to 5 U.S.C. § 556(e), I take 22152. All requests for hearing must be official notice of Registrant’s registration [FR Doc. 2018–05724 Filed 3–20–18; 8:45 am] sent to: Drug Enforcement record with Agency. According to that BILLING CODE 4410–09–P Administration, Attn: Administrator, record, Registration No. BO1259983 8701 Morrissette Drive, Springfield, expired on December 31, 2017 and Virginia 22152. All requests for hearing Registrant has not filed an application, DEPARTMENT OF JUSTICE should also be sent to: (1) Drug whether timely or not, to renew his Enforcement Administration, Attn: Drug Enforcement Administration registration or for any other registration Hearing Clerk/LJ, 8701 Morrissette in the State of Minnesota. Drive, Springfield, Virginia 22152; and [Docket No. DEA–392] DEA has long held that ‘‘ ‘if a (2) Drug Enforcement Administration, Bulk Manufacturer of Controlled registrant has not submitted a timely Attn: DEA Federal Register Substances Application: Rhodes renewal application prior to the Representative/DRW, 8701 Morrissette Technologies expiration date, then the registration Drive, Springfield, Virginia 22152. expires and there is nothing to revoke.’ ’’ SUPPLEMENTARY INFORMATION: The ACTION: Notice of application. Donald Brooks Reece II, M.D., 77 FR Attorney General has delegated his 35054, 35055 (2012) (quoting Ronald J. authority under the Controlled DATES: Registered bulk manufacturers of Riegel, 63 FR 67312, 67133 (1998)); see Substances Act to the Administrator of the affected basic classes, and also Thomas E. Mitchell, 76 FR 20032, the Drug Enforcement Administration applicants therefore, may file written 20033 (2011). ‘‘Moreover, in the absence (DEA), 28 CFR 0.100(b). Authority to comments on or objections to the of an application (whether timely filed exercise all necessary functions with issuance of the proposed registration on sradovich on DSK3GMQ082PROD with NOTICES or not), there is nothing to act upon.’’ respect to the promulgation and or before May 21, 2018. Reece, 77 FR at 35055. Accordingly, implementation of 21 CFR part 1301, ADDRESSES: Written comments should because Registrant has allowed his incident to the registration of be sent to: Drug Enforcement registration to expire and has not filed manufacturers, distributors, dispensers, Administration, Attention: DEA Federal any application for registration in importers, and exporters of controlled Register Representative/DRW, 8701 Minnesota, this case is now moot and substances (other than final orders in Morrissette Drive, Springfield, Virginia will be dismissed. connection with suspension, denial, or 22152. VerDate Sep<11>2014 18:34 Mar 20, 2018 Jkt 244001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\21MRN1.SGM 21MRN1


Document Created: 2018-03-21 00:45:59
Document Modified: 2018-03-21 00:45:59
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 Citation83 FR 12406 
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR