83_FR_13202 83 FR 13143 - Christopher D. Owens, M.D.: Decision and Order

83 FR 13143 - Christopher D. Owens, M.D.: Decision and Order

DEPARTMENT OF JUSTICE
Drug Enforcement Administration

Federal Register Volume 83, Issue 59 (March 27, 2018)

Page Range13143-13145
FR Document2018-06089

Federal Register, Volume 83 Issue 59 (Tuesday, March 27, 2018) 
[Federal Register Volume 83, Number 59 (Tuesday, March 27, 2018)]
[Notices]
[Pages 13143-13145]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06089]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Christopher D. Owens, M.D.: Decision and Order

    On August 11, 2017, the Acting Assistant Administrator, Diversion 
Control Division, Drug Enforcement Administration, issued an Order to 
Show Cause to Christopher D. Owens, M.D. (hereinafter, Registrant), of 
San

[[Page 13144]]

Francisco, California. GX 2. The Show Cause Order proposed the 
revocation of Registrant's DEA Certificate of Registration, and the 
denial of any applications to renew or modify his registration, or for 
any other registration, on the ground that Registrant does not ``have . 
. . state authority to handle controlled substances.'' Id. at 1.
    As to the jurisdictional basis for the proceeding, the Show Cause 
Order alleged that Registrant is registered ``as a practitioner in 
[s]chedules II through V under . . . Certificate of Registration [No.] 
FO0414677,'' at the address of ``University of California, San 
Francisco, 400 Parnassus Ave[.], #581, San Francisco, CA.'' Id. at 2. 
The Order alleged that this ``registration expires by its terms on 
December 31, 2018.'' Id.
    As to the substantive ground for the proceeding, the Show Cause 
Order alleged that ``[o]n June 22, 2017, the Medical Board of 
California issued a Default Decision and Order revoking [Registrant's] 
Physician's and Surgeon's Certificate No. A108740, effective July 21, 
2017,'' and that ``[o]n July 20, 2017, the . . . Board . . . issued an 
Order denying [his] petition for reconsideration.'' Id. The Show Cause 
Order thus alleged that Registrant is ``currently without authority to 
practice medicine or handle controlled substances in the State of 
California, the [S]tate in which [he is] registered with the'' Agency. 
Id. The Order further asserted that ``based on [his] lack of authority 
to handle controlled substances in . . . California,'' his registration 
is subject to revocation. Id. (citing 21 U.S.C. 824(a)(3); other 
citations omitted).
    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. 824(c)(2)(C). Id. at 3.
    On August 14, 2017, the Show Cause Order was served on Registrant 
by providing it to an Assistant Federal Public Defender who was 
representing Registrant in a pending criminal matter and who stated 
that she was authorized by Registrant to accept service of the Show 
Cause Order on his behalf. GX 6. The Attorney also stated that she 
would provide a copy of the Order to Registrant and subsequently 
confirmed that she did. Id. at 1-2.
    On November 28, 2017, the Government filed a Request for Final 
Agency Action (RFAA). Therein, the Government represents that ``[a]t 
least 30 days have passed since'' the Show Cause Order ``was served on 
Registrant.'' RFAA, at 2. The Government further represents that 
``Registrant has not requested a hearing and has not otherwise 
corresponded or communicated with DEA regarding the Order . . . 
including the filing of any written statement in in lieu of a 
hearing.'' Id.
    Based on the Government's representations, I find that 30 days have 
now passed and Registrant has neither requested a hearing nor filed a 
written statement while waiving his right to a hearing. I also find 
that Registrant has not submitted 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). I make the following findings of fact.

Findings

    Registrant is the holder of DEA Certificate of Registration No. 
FO0414677, pursuant to which he is authorized to dispense controlled 
substances in schedules II through V, as a practitioner, at the 
registered address of University of California, San Francisco, 400 
Parnassus Ave., #581, San Francisco, CA. GX 1, at 1. This Registration 
does not expire until December 31, 2018. Id.
    Registrant was also the holder of Physician's and Surgeon's 
certificate No. A108740 issued by the Medical Board of California 
(hereinafter, MBC or Board). GX 3, at 1. However, on April 25, 2017, a 
state Administrative Law Judge conducted a hearing at which the ALJ 
concluded that Registrant ``is unsafe to practice medicine and issued 
an Interim Suspension Order.'' Id. at 2. The State ALJ also ordered the 
Board to file an Accusation against Registrant within 30 days of April 
26, 2017. Id. On May 16, 2017, the MBC's Executive Director filed an 
Accusation against Registrant, which alleged that ``he self-
administered illicit drugs and has been diagnosed with a substance 
abuse disorder.'' Id. at 2, 5. After Registrant failed to respond to 
the Accusation within the period provided under California law, the 
Board found Registrant in default and ordered that his medical license 
be revoked effective on July 21, 2017. Id. at 4-5. While Registrant 
filed a petition for reconsideration, on July 20, 2017, the Board 
denied the petition. GX 4. I take official notice of the results of a 
search of the Board's license verification web page. See 5 U.S.C. 
556(e). That search shows that, as of the date of this Decision, 
Registrant's Physician's and Surgeon's License remains revoked. See 
https://search.dca.ca.gov/results.

Discussion

    Pursuant to 21 U.S.C. 824(a)(3), the Attorney General is authorized 
to suspend or revoke a registration issued under section 823 of the 
Controlled Substances Act (CSA), ``upon a finding that the registrant . 
. . has had his State license . . . suspended [or] revoked . . . by 
competent State authority and is no longer authorized by State law to 
engage in the . . . dispensing of controlled substances.'' With respect 
to a practitioner, DEA has long held that the possession of authority 
to dispense controlled substances under the laws of the State in which 
a practitioner engages in professional practice is a fundamental 
condition for obtaining and maintaining a practitioner's registration. 
See, e.g., James L. Hooper, 76 FR 71371 (2011), pet. for rev. denied, 
481 Fed. Appx. 826 (4th Cir. 2012); Frederick Marsh Blanton, 43 FR 
27616 (1978).
    The Agency's rule derives from the text of two other provisions of 
the CSA: section 802(21), which defines the term ``practitioner,'' and 
section 823(f), which sets forth the registration requirements 
applicable to practitioners. Notably, in section 802(21), Congress 
defined ``the term `practitioner' [to] mean[ ] a . . . physician . . . 
or other person licensed, registered or otherwise permitted, by . . . 
the jurisdiction in which he practices . . . to distribute, dispense, 
[or] administer . . . a controlled substance in the course of 
professional practice.'' 21 U.S.C. 802(21). The text of this provision 
makes clear that a physician is not a practitioner within the meaning 
of the CSA if he is not ``licensed, registered or otherwise permitted, 
by the jurisdiction in which he practices . . . to dispense [or] 
administer . . . a controlled substance in the course of professional 
practice.'' Id.
    To the same effect, Congress, in setting the requirements for 
obtaining a practitioner's registration, directed that ``[t]he Attorney 
General shall register practitioners . . . if the applicant is 
authorized to dispense . . . controlled substances under the laws of 
the State in which he practices.'' 21 U.S.C. 823(f). Thus, based on 
these provisions, the Agency held nearly forty years ago that ``[s]tate 
authorization to dispense or otherwise handle controlled substances is 
a prerequisite to the issuance and maintenance of a Federal controlled

[[Page 13145]]

substances registration.'' Blanton, 43 FR at 27617 (revoking 
physician's registration based on one-year suspension of his state 
license) (emphasis added).
    Based on my finding that Registrant's Physician's and Surgeon's 
Certificate has been revoked, I find that Registrant is currently 
without authority to dispense controlled substances under the laws of 
California, the State in which he is registered. See Cal. Health & 
Safety Code Sec.  11150 (``No person other than a physician, dentist, 
podiatrist, or veterinarian . . . shall write or issue a prescription'' 
for a controlled substance.); id. Sec.  11210 (``A physician, surgeon, 
dentist, [or] veterinarian . . . may prescribe for, furnish to, or 
administer controlled substances to his or her patient when the patient 
is suffering from a disease, ailment, injury . . . .''); id. Sec.  
11024 (`` `Physician,' `dentist,' `podiatrist,' . . . means persons who 
are licensed to practice their respective professions in this 
state.''); id. Sec.  11352.1(b) (``any person who knowingly and 
unlawfully dispenses or furnishes a dangerous drug . . . without a 
license to dispense or furnish these products, shall be guilty of a 
misdemeanor'').\1\ I will therefore order that his registration be 
revoked and that any pending application to renew or modify his 
registration, or for any other registration in California, be denied.
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    \1\ See also Cal. Bus. & Prof. Code Sec.  2052 (``any person . . 
. who diagnoses, treats, operates for or prescribes for any ailment, 
. . . disease, . . . disorder, injury, or other physical or mental 
condition of any person, without having at the time of so doing a 
valid, unrevoked, or unsuspended certificate as provided in this 
chapter . . . is guilty of a public offense''); id. Sec.  2051 
(``The physician's and surgeon's certificate authorizes the holder 
to use drugs or devices in or upon human beings . . . in the 
treatment of diseases, injuries, deformities, and other physical and 
mental conditions).
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Order

    Pursuant to the authority vested in me by 21 U.S.C. 824(a) and 28 
CFR 0.100(b), I order that DEA Certificate of Registration No. 
FO0414677 issued to Christopher D. Owens, M.D., be, and it hereby is, 
revoked. Pursuant to the authority vested in me by 21 U.S.C. 823(f), I 
order that any pending application to renew or modify this 
registration, or for any other registration in the State of California, 
be, and it hereby is, denied. This Order is effective immediately.\2\
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    \2\ For the same reasons which led the MBC to issue the Interim 
Suspension Order, I find that the public interest necessitates that 
this Order be effective immediately. 21 CFR 1316.67.

    Dated: March 14, 2018.
Robert W. Patterson,
Acting Administrator.
[FR Doc. 2018-06089 Filed 3-26-18; 8:45 am]
 BILLING CODE 4410-09-P

Federal Register / Vol. 83, No. 59 / Tuesday, March 27, 2018 / Notices 13143 Controlled substance Drug code Schedule AM-694 (1-(5-Fluoropentyl)-3-(2-iodobenzoyl) indole) ............................................................................................ 7694 I Heroin ...................................................................................................................................................................... 9200 I Normorphine ............................................................................................................................................................ 9313 I U-47700 (3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide) ....................................................... 9547 I AH-7921 (3,4-dichloro-N-[(1-dimethylamino)cyclohexylmethyl]benzamide)) .......................................................... 9551 I Alphacetylmethadol except levo-alphacetylmethadol .............................................................................................. 9603 I Alphameprodine ...................................................................................................................................................... 9604 I Alphamethadol ......................................................................................................................................................... 9605 I Benzethidine ............................................................................................................................................................ 9606 I Betacetylmethadol ................................................................................................................................................... 9607 I Clonitazene .............................................................................................................................................................. 9612 I Diampromide ........................................................................................................................................................... 9615 I Diethylthiambutene .................................................................................................................................................. 9616 I Dimethylthiambutene ............................................................................................................................................... 9619 I 1-Methyl-4-phenyl-4-propionoxypiperidine .............................................................................................................. 9661 I 1-(2-Phenylethyl)-4-phenyl-4-acetoxypiperidine ...................................................................................................... 9663 I Tilidine ..................................................................................................................................................................... 9750 I Para-Fluorofentanyl ................................................................................................................................................. 9812 I 3-Methylfentanyl ...................................................................................................................................................... 9813 I Alpha-methylfentanyl ............................................................................................................................................... 9814 I Acetyl-alpha-methylfentanyl ..................................................................................................................................... 9815 I Acetyl Fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide) ....................................................................... 9821 I Beta-hydroxyfentanyl ............................................................................................................................................... 9830 I Beta-hydroxy-3-methylfentanyl ................................................................................................................................ 9831 I Alpha-methylthiofentanyl ......................................................................................................................................... 9832 I 3-Methylthiofentanyl ................................................................................................................................................ 9833 I Furanyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2-carboxamide) ..................................................... 9834 I Thiofentanyl ............................................................................................................................................................. 9835 I Tetrahydrofuranyl fentanyl ....................................................................................................................................... 9843 I Cyclopropyl Fentanyl ............................................................................................................................................... 9845 I Fentanyl-related Substance .................................................................................................................................... 9850 I Amphetamine .......................................................................................................................................................... 1100 II Methamphetamine ................................................................................................................................................... 1105 II 1-Phenylcyclohexylamine ........................................................................................................................................ 7460 II Phencyclidine .......................................................................................................................................................... 7471 II 4-Anilino-N-phenethyl-4-piperidine (ANPP) ............................................................................................................. 8333 II Phenylacetone ......................................................................................................................................................... 8501 II 1-Piperidinocyclohexanecarbonitrile ........................................................................................................................ 8603 II Alphaprodine ........................................................................................................................................................... 9010 II Anileridine ................................................................................................................................................................ 9020 II Cocaine ................................................................................................................................................................... 9041 II Diphenoxylate .......................................................................................................................................................... 9170 II Ecgonine .................................................................................................................................................................. 9180 II Levorphanol ............................................................................................................................................................. 9220 II Meperidine ............................................................................................................................................................... 9230 II Meperidine intermediate-A ...................................................................................................................................... 9232 II Meperidine intermediate-B ...................................................................................................................................... 9233 II Meperidine intermediate-C ...................................................................................................................................... 9234 II Dextropropoxyphene, bulk (non-dosage forms) ...................................................................................................... 9273 II Morphine .................................................................................................................................................................. 9300 II Levo-alphacetylmethadol ......................................................................................................................................... 9648 II Alfentanil .................................................................................................................................................................. 9737 II Remifentanil ............................................................................................................................................................. 9739 II Sufentanil ................................................................................................................................................................. 9740 II Carfentanil ............................................................................................................................................................... 9743 II Tapentadol ............................................................................................................................................................... 9780 II Fentanyl ................................................................................................................................................................... 9801 II The company plans to manufacture Dated: March 15, 2018. DEPARTMENT OF JUSTICE the above-listed controlled substances Susan A. Gibson, as analytical reference standards for Deputy Assistant Administrator. Drug Enforcement Administration distribution to its customers. In [FR Doc. 2018–06090 Filed 3–26–18; 8:45 am] Christopher D. Owens, M.D.: Decision reference to drug code 7370 BILLING CODE 4410–09–P and Order tetrahydrocannabinols the company amozie on DSK30RV082PROD with NOTICES plans to bulk manufacture as synthetic On August 11, 2017, the Acting substances. No other activity for this Assistant Administrator, Diversion drug code is authorized for this Control Division, Drug Enforcement registration. Administration, issued an Order to Show Cause to Christopher D. Owens, M.D. (hereinafter, Registrant), of San VerDate Sep<11>2014 18:07 Mar 26, 2018 Jkt 244001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\27MRN1.SGM 27MRN1

13144 Federal Register / Vol. 83, No. 59 / Tuesday, March 27, 2018 / Notices Francisco, California. GX 2. The Show Agency Action (RFAA). Therein, the of the Board’s license verification web Cause Order proposed the revocation of Government represents that ‘‘[a]t least page. See 5 U.S.C. 556(e). That search Registrant’s DEA Certificate of 30 days have passed since’’ the Show shows that, as of the date of this Registration, and the denial of any Cause Order ‘‘was served on Decision, Registrant’s Physician’s and applications to renew or modify his Registrant.’’ RFAA, at 2. The Surgeon’s License remains revoked. See registration, or for any other registration, Government further represents that https://search.dca.ca.gov/results. on the ground that Registrant does not ‘‘Registrant has not requested a hearing Discussion ‘‘have . . . state authority to handle and has not otherwise corresponded or controlled substances.’’ Id. at 1. communicated with DEA regarding the Pursuant to 21 U.S.C. 824(a)(3), the As to the jurisdictional basis for the Order . . . including the filing of any Attorney General is authorized to proceeding, the Show Cause Order written statement in in lieu of a suspend or revoke a registration issued alleged that Registrant is registered ‘‘as hearing.’’ Id. under section 823 of the Controlled a practitioner in [s]chedules II through Based on the Government’s Substances Act (CSA), ‘‘upon a finding V under . . . Certificate of Registration representations, I find that 30 days have that the registrant . . . has had his State [No.] FO0414677,’’ at the address of now passed and Registrant has neither license . . . suspended [or] revoked ‘‘University of California, San Francisco, requested a hearing nor filed a written . . . by competent State authority and is 400 Parnassus Ave[.], #581, San statement while waiving his right to a no longer authorized by State law to Francisco, CA.’’ Id. at 2. The Order hearing. I also find that Registrant has engage in the . . . dispensing of alleged that this ‘‘registration expires by not submitted a Corrective Action Plan. controlled substances.’’ With respect to its terms on December 31, 2018.’’ Id. Accordingly, I find that Registrant has a practitioner, DEA has long held that As to the substantive ground for the waived his right to a hearing or to the possession of authority to dispense proceeding, the Show Cause Order submit a written statement while controlled substances under the laws of alleged that ‘‘[o]n June 22, 2017, the waiving his right to a hearing; I also find the State in which a practitioner engages Medical Board of California issued a that Registrant has waived his right to in professional practice is a Default Decision and Order revoking submit a Corrective Action Plan. 21 CFR fundamental condition for obtaining [Registrant’s] Physician’s and Surgeon’s 1301.43(d). I make the following and maintaining a practitioner’s Certificate No. A108740, effective July findings of fact. registration. See, e.g., James L. Hooper, 21, 2017,’’ and that ‘‘[o]n July 20, 2017, 76 FR 71371 (2011), pet. for rev. denied, the . . . Board . . . issued an Order Findings 481 Fed. Appx. 826 (4th Cir. 2012); denying [his] petition for Registrant is the holder of DEA Frederick Marsh Blanton, 43 FR 27616 reconsideration.’’ Id. The Show Cause Certificate of Registration No. (1978). Order thus alleged that Registrant is FO0414677, pursuant to which he is The Agency’s rule derives from the ‘‘currently without authority to practice authorized to dispense controlled text of two other provisions of the CSA: medicine or handle controlled substances in schedules II through V, as section 802(21), which defines the term substances in the State of California, the a practitioner, at the registered address ‘‘practitioner,’’ and section 823(f), [S]tate in which [he is] registered with of University of California, San which sets forth the registration the’’ Agency. Id. The Order further Francisco, 400 Parnassus Ave., #581, requirements applicable to practitioners. asserted that ‘‘based on [his] lack of San Francisco, CA. GX 1, at 1. This Notably, in section 802(21), Congress authority to handle controlled Registration does not expire until defined ‘‘the term ‘practitioner’ [to] substances in . . . California,’’ his December 31, 2018. Id. mean[ ] a . . . physician . . . or other registration is subject to revocation. Id. Registrant was also the holder of person licensed, registered or otherwise (citing 21 U.S.C. 824(a)(3); other Physician’s and Surgeon’s certificate permitted, by . . . the jurisdiction in citations omitted). No. A108740 issued by the Medical which he practices . . . to distribute, The Show Cause Order notified Board of California (hereinafter, MBC or dispense, [or] administer . . . a Registrant of his right to request a Board). GX 3, at 1. However, on April controlled substance in the course of hearing on the allegations or to submit 25, 2017, a state Administrative Law professional practice.’’ 21 U.S.C. a written statement of position while Judge conducted a hearing at which the 802(21). The text of this provision waiving his right to a hearing, the ALJ concluded that Registrant ‘‘is unsafe makes clear that a physician is not a procedure for electing either option, and to practice medicine and issued an practitioner within the meaning of the the consequence of failing to elect either Interim Suspension Order.’’ Id. at 2. The CSA if he is not ‘‘licensed, registered or option. Id. at 2. The Show Cause Order State ALJ also ordered the Board to file otherwise permitted, by the jurisdiction also notified Registrant of his right to an Accusation against Registrant within in which he practices . . . to dispense submit a Corrective Action Plan 30 days of April 26, 2017. Id. On May [or] administer . . . a controlled pursuant to 21 U.S.C. 824(c)(2)(C). Id. 16, 2017, the MBC’s Executive Director substance in the course of professional at 3. filed an Accusation against Registrant, practice.’’ Id. On August 14, 2017, the Show Cause which alleged that ‘‘he self- To the same effect, Congress, in Order was served on Registrant by administered illicit drugs and has been setting the requirements for obtaining a providing it to an Assistant Federal diagnosed with a substance abuse practitioner’s registration, directed that Public Defender who was representing disorder.’’ Id. at 2, 5. After Registrant ‘‘[t]he Attorney General shall register Registrant in a pending criminal matter failed to respond to the Accusation practitioners . . . if the applicant is and who stated that she was authorized within the period provided under authorized to dispense . . . controlled by Registrant to accept service of the California law, the Board found substances under the laws of the State amozie on DSK30RV082PROD with NOTICES Show Cause Order on his behalf. GX 6. Registrant in default and ordered that in which he practices.’’ 21 U.S.C. 823(f). The Attorney also stated that she would his medical license be revoked effective Thus, based on these provisions, the provide a copy of the Order to on July 21, 2017. Id. at 4–5. While Agency held nearly forty years ago that Registrant and subsequently confirmed Registrant filed a petition for ‘‘[s]tate authorization to dispense or that she did. Id. at 1–2. reconsideration, on July 20, 2017, the otherwise handle controlled substances On November 28, 2017, the Board denied the petition. GX 4. I take is a prerequisite to the issuance and Government filed a Request for Final official notice of the results of a search maintenance of a Federal controlled VerDate Sep<11>2014 18:07 Mar 26, 2018 Jkt 244001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\27MRN1.SGM 27MRN1

Federal Register / Vol. 83, No. 59 / Tuesday, March 27, 2018 / Notices 13145 substances registration.’’ Blanton, 43 FR Dated: March 14, 2018. Additionally, the Defendants will at 27617 (revoking physician’s Robert W. Patterson, reimburse EPA for its future response registration based on one-year Acting Administrator. costs, but they will not reimburse EPA suspension of his state license) [FR Doc. 2018–06089 Filed 3–26–18; 8:45 am] for its future oversight costs unless and (emphasis added). BILLING CODE 4410–09–P until such costs, together with past Based on my finding that Registrant’s responses costs and interim costs Physician’s and Surgeon’s Certificate incurred before entry of the consent DEPARTMENT OF JUSTICE decree, exceed $8.37 million. The has been revoked, I find that Registrant is currently without authority to proposed consent decree will provide Revised Notice of Lodging of dispense controlled substances under covenants not to sue to the Defendants, Proposed Consent Decree Under the the laws of California, the State in Comprehensive Environmental as well as to numerous other potentially which he is registered. See Cal. Health Response, Compensation, and Liability responsible parties (‘‘Other Settling & Safety Code § 11150 (‘‘No person Act Parties’’) who have previously entered other than a physician, dentist, into settlement agreements with one or On March 14, 2018, the Department of more of the Defendants and, in most podiatrist, or veterinarian . . . shall Justice published notice of a proposed instances, received indemnifications write or issue a prescription’’ for a consent decree that it lodged on controlled substance.); id. § 11210 (‘‘A from them, provided that such Other February 27, 2018, with the United Settling Parties (listed in Appendix E of physician, surgeon, dentist, [or] States District Court for the Southern veterinarian . . . may prescribe for, the consent decree) submit signature District of Ohio in the lawsuit entitled furnish to, or administer controlled pages agreeing to be bound by the United States v. Bridgestone Americas substances to his or her patient when consent decree and, if they own Tire Operations, et al., Case No. 3:18– the patient is suffering from a disease, cv–00054 (S.D. Ohio). It has come to the property likely affected by the remedial ailment, injury . . . .’’); id. § 11024 attention of the Department of Justice action, cooperate in the implementation (‘‘ ‘Physician,’ ‘dentist,’ ‘podiatrist,’ . . . that members of the public were unable of the consent decree. means persons who are licensed to to access a copy of the proposed consent The publication of this revised notice practice their respective professions in decree on the Department’s website. As opens a new period for public comment this state.’’); id. § 11352.1(b) (‘‘any a result, the Department of Justice is on the proposed consent decree. person who knowingly and unlawfully now publishing this revised notice, Comments should be addressed to the dispenses or furnishes a dangerous drug which will give members of the public Assistant Attorney General, . . . without a license to dispense or 30 days from the publication date of this Environment and Natural Resources furnish these products, shall be guilty of revised notice to review and comment Division, and should refer United States a misdemeanor’’).1 I will therefore order on the proposed consent decree. v. Bridgestone Americas Tire that his registration be revoked and that The proposed consent decree resolves Operations, et al., Case No. 3:18–cv– any pending application to renew or claims of the United States 00054 (S.D. Ohio), D.J. Ref. No. 90–11– modify his registration, or for any other Environmental Protection Agency 3–11076. All comments must be (‘‘EPA’’) against seven defendants— registration in California, be denied. submitted no later than thirty (30) days Bridgestone Americas Tire Operations, after the publication date of this revised Order LLC; Cargill, Inc.; Flowserve Corporation; Kelsey-Hayes Company; notice. Comments may be submitted Pursuant to the authority vested in me NCR Corporation; Northrop Grumman either by email or by mail: by 21 U.S.C. 824(a) and 28 CFR 0.100(b), Systems Corporation, and Waste I order that DEA Certificate of To submit Management of Ohio (collectively comments: Send them to: Registration No. FO0414677 issued to ‘‘Defendants’’)—for response costs and Christopher D. Owens, M.D., be, and it injunctive relief with respect to the By email ....... pubcomment-ees.enrd@ hereby is, revoked. Pursuant to the North Sanitary (aka ‘‘Valleycrest’’) usdoj.gov. authority vested in me by 21 U.S.C. Landfill Superfund Site in Dayton, Ohio By mail ......... Assistant Attorney General, 823(f), I order that any pending (‘‘Site’’). A complaint, which was filed U.S. DOJ—ENRD, P.O. application to renew or modify this simultaneously with the proposed Box 7611, Washington, DC registration, or for any other registration consent decree, alleges that the 20044–7611. in the State of California, be, and it Defendants are liable under Sections hereby is, denied. This Order is effective 106, 107(a), and 113(g)(2) of the During the public comment period, immediately.2 Comprehensive Environmental the proposed consent decree may be Response, Compensation, and Liability examined and downloaded at this 1 See also Cal. Bus. & Prof. Code § 2052 (‘‘any Act (‘‘CERCLA’’), 42 U.S.C. 9606, Justice Department website: https:// person . . . who diagnoses, treats, operates for or 9607(a), and 9613(g)(2). Under the www.justice.gov/enrd/consent-decrees. prescribes for any ailment, . . . disease, . . . proposed consent decree, the We will also provide a paper copy of the disorder, injury, or other physical or mental Defendants will perform the remedy proposed consent decree upon written condition of any person, without having at the time selected by EPA to address of so doing a valid, unrevoked, or unsuspended request and payment of reproduction certificate as provided in this chapter . . . is guilty contamination at the Site by, among costs. Please mail your request and of a public offense’’); id. § 2051 (‘‘The physician’s other things, designing and constructing payment to: Consent Decree Library, amozie on DSK30RV082PROD with NOTICES and surgeon’s certificate authorizes the holder to a landfill ‘‘cap’’ that will cover U.S. DOJ—ENRD, P.O. Box 7611, use drugs or devices in or upon human beings . . . approximately 70 acres of the Site. in the treatment of diseases, injuries, deformities, Washington, DC 20044–7611. Other significant remedial actions will and other physical and mental conditions). Please enclose a check or money order 2 For the same reasons which led the MBC to include the design and construction of a system to address landfill gas, as well for $84.50 (338 pages at 25 cents per issue the Interim Suspension Order, I find that the public interest necessitates that this Order be as a system to prevent leachate from page reproduction cost) payable to the effective immediately. 21 CFR 1316.67. contaminating groundwater. United States Treasury. For a paper VerDate Sep<11>2014 18:07 Mar 26, 2018 Jkt 244001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\27MRN1.SGM 27MRN1


Document Created: 2018-03-27 01:26:46
Document Modified: 2018-03-27 01:26:46
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 13143 
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