83_FR_49017 83 FR 48829 - Dilip Patel; Denial of Hearing; Final Debarment Order

83 FR 48829 - Dilip Patel; Denial of Hearing; Final Debarment Order

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 188 (September 27, 2018)

Page Range48829-48831
FR Document2018-20977

The Food and Drug Administration (FDA or Agency) is denying a request for a hearing submitted by Dilip Patel and is issuing an order under the Federal Food, Drug, and Cosmetic Act (FD&C Act) debarring Patel for 5 years from providing services in any capacity to a person that has an approved or pending drug product application. FDA bases this order on a finding that Patel was convicted of a conspiracy to commit a felony under Federal law for conduct relating to the regulation of a drug product under the FD&C Act and that the conduct underlying the conviction undermines the process for the regulation of drugs. In determining the appropriateness and period of Patel's debarment, FDA considered the relevant factors listed in the FD&C Act. Patel failed to file with the Agency information and analyses sufficient to create a basis for a hearing concerning this action.

Federal Register, Volume 83 Issue 188 (Thursday, September 27, 2018)
[Federal Register Volume 83, Number 188 (Thursday, September 27, 2018)]
[Notices]
[Pages 48829-48831]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20977]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0329]


Dilip Patel; Denial of Hearing; Final Debarment Order

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is denying a 
request for a hearing submitted by Dilip Patel and is issuing an order 
under the Federal Food, Drug, and Cosmetic Act (FD&C Act) debarring 
Patel for 5 years from providing services in any capacity to a person 
that has an approved or pending drug product application. FDA bases 
this order on a finding that Patel was convicted of a conspiracy to 
commit a felony under Federal law for conduct relating to the 
regulation of a drug product under the FD&C Act and that the conduct 
underlying the conviction undermines the process for the regulation of 
drugs. In determining the appropriateness and period of Patel's 
debarment, FDA considered the relevant factors listed in the FD&C Act. 
Patel failed to file with the Agency information and analyses 
sufficient to create a basis for a hearing concerning this action.

DATES: The order is applicable September 27, 2018.

ADDRESSES: Any application for termination of debarment by Patel under 
section 306(d) of the FD&C Act (application) may be submitted as 
follows:

Electronic Submissions

     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. An application 
submitted electronically, including attachments, to https://www.regulations.gov will be posted to the docket unchanged. Because 
your application will be made public, you are solely responsible for 
ensuring that your application does not include any confidential 
information that you or a third party may not wish to be posted, such 
as medical information, your or anyone else's Social Security number, 
or confidential business information, such as a manufacturing process. 
Please note that if you include your name, contact information, or 
other information that identifies you in the body of your application, 
that information will be posted on https://www.regulations.gov.
     If you want to submit an application with confidential 
information that you do not wish to be made available to the public, 
submit the application as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper 
submissions): Dockets Management Staff (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For a written/paper application submitted to the Dockets 
Management Staff, FDA will post your application, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: Your application must include the Docket No. FDA-
2009-N-0329. An application will be placed in the docket and, unless 
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m. 
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit an application with 
confidential information that you do not wish to be made publicly 
available, submit your application only as a written/paper submission. 
You should submit two copies total. One copy will include the 
information you claim to be confidential with a heading or cover note 
that states ``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The 
Agency will review this copy, including the claimed confidential 
information, in its consideration of your application. The second copy, 
which will have the claimed confidential information redacted/blacked 
out, will be available for public viewing and posted on https://www.regulations.gov. Submit both copies to the Dockets Management 
Staff. If you do not wish your name and contact information to be made 
publicly available, you can provide this information on the cover sheet 
and not in the body of your application and you must identify this 
information as ``confidential.'' Any information marked as 
``confidential'' will not be disclosed except in accordance with 21 CFR 
10.20 and other applicable disclosure law. For more information about 
FDA's posting of comments to public dockets, see 80 FR 56469, September 
18, 2015, or access the information at: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket, go to https://www.regulations.gov 
and insert the docket number, found in brackets in the heading of this 
document, into the ``Search'' box and follow the prompts and/or go to 
the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, 
MD 20852 between 9 a.m. and 4 p.m., Monday through Friday. Publicly 
available submissions may be seen in the docket.

FOR FURTHER INFORMATION CONTACT: Rachael Vieder Linowes, Office of 
Scientific Integrity, Food and Drug Administration, 10903 New Hampshire 
Ave., Bldg. 1, Rm. 4206, Silver Spring, MD 20993, 240-402-5931.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 306(b)(2)(B)(i)(II) of the FD&C Act (21 U.S.C. 
335a(b)(2)(B)(i)(II)) permits FDA to debar an individual if it finds: 
(1) That the individual has been convicted of a conspiracy to commit a 
felony under Federal law for conduct relating to the regulation of any 
drug product under the FD&C Act and (2) that the type of conduct which 
served as the basis for the conviction undermines the process for the 
regulation of drugs.
    On April 24, 2007, Patel pled guilty to one count of conspiracy to 
distribute misbranded and adulterated drugs, in violation of 18 U.S.C. 
371. On December 9, 2010, the U.S. District Court for the District of 
New Jersey entered the conviction, sentenced Patel to 2 years of 
probation, and imposed a $3,000 fine. Patel's conviction stemmed from 
his employment at Able Laboratories, Inc. (Able), where he was a 
Supervisor of Analytical Control and later a Quality Control Manager in 
the Quality Control Department. Patel and his co-conspirators conspired 
and agreed with others to cause the introduction of misbranded and 
adulterated drugs into interstate commerce with an intent to defraud 
and mislead the United States, in violation of sections 301(a) and 
303(a)(2) of the FD&C Act (21 U.S.C. 331(a) and 333(a)(2)). 
Specifically, according to the criminal information to which he pled 
guilty, Patel supervised the falsification and manipulation of assay 
test results for atenolol, a prescription medication for cardiac 
conditions, and he directed a subordinate chemist to falsify and 
manipulate dissolution test results for methylphenidate hydrochloride

[[Page 48830]]

extended-release tablets, a prescription medication for attention 
deficit and hyperactivity disorder.
    By letter dated January 10, 2012, FDA's Office of Regulatory 
Affairs (ORA) notified Patel of its proposal to debar him for 5 years 
from providing services in any capacity to a person having an approved 
or pending drug product application. ORA concluded that Patel should be 
debarred for 5 years based on the four applicable considerations in 
section 306(c)(3) of the FD&C Act: (1) The nature and seriousness of 
his offense, (2) the nature and extent of management participation, (3) 
the nature and extent of voluntary steps taken to mitigate the impact 
on the public, and (4) prior convictions involving matters within FDA's 
jurisdiction. ORA found that the nature and seriousness of the offense, 
the nature and extent of management participation, the nature and 
extent of voluntary steps to mitigate the impact on the public were 
unfavorable factors for Patel. ORA found that the absence of prior 
convictions involving matters within FDA's jurisdiction was a favorable 
factor for Patel. ORA concluded, ``Weighing all the factors, the Agency 
has determined that the unfavorable factors far outweigh the favorable 
factor, and therefore warrant the imposition of a five-year permissible 
debarment.''
    In a letter dated January 31, 2012, through counsel, Patel 
requested a hearing. In a letter dated March 1, 2012, through counsel, 
Patel submitted a short summary of arguments to support his hearing 
request.
    Under the authority delegated to him by the Commissioner of Food 
and Drugs, the Director of the Office of Scientific Integrity (OSI) has 
considered Patel's submission. Hearings are granted only if there is a 
genuine and substantial issue of fact. Hearings will not be granted on 
issues of policy or law, on mere allegations, denials or general 
descriptions of positions and contentions, or on data and information 
insufficient to justify the factual determination urged (see 21 CFR 
12.24(b)).
    OSI has considered Patel's arguments and concludes that Patel's 
arguments are unpersuasive and fail to raise a genuine and substantial 
issue of fact requiring a hearing.

II. Arguments

    In his hearing request, Patel generally denies: (1) Violating good 
manufacturing practice requirements; (2) violating standard operating 
procedures by failing to properly investigate, log, and archive 
questionable, aberrant, and unacceptable laboratory results, so that 
Able could conceal improprieties and continue to distribute and sell 
its drug products; (3) manipulating and falsifying testing data and 
information to conceal from FDA failing laboratory results relating to 
Able's generic drug products; (4) creating and maintaining false, 
fraudulent, and inaccurate test results to make it appear that drug 
products had requisite identity, strength, quality, and purity 
characteristics; and (5) creating and maintaining false, fraudulent, 
and inaccurate data and records to obtain FDA approval to market new 
product lines. Patel also denies that he was in a managerial position 
and asserts that he took voluntary steps to mitigate the impact of his 
offenses on the public by cooperating with law enforcement officials 
during the investigation and subsequent prosecution.
    It is unclear whether Patel's five enumerated denials are 
challenges to ORA's finding that he is subject to debarment under 
section 306(b)(2)(B)(i)(II) of the FD&C Act or its finding with respect 
to the consideration under section 306(c)(3)(A), the nature and 
seriousness of his offense. Regardless of how these denials are 
directed, they do not create a genuine and substantial issue of fact 
suitable for a hearing. Section 306(l) of the FD&C Act defines 
conviction a Federal or State court's entry of a judgment of conviction 
or acceptance of a guilty plea. In pleading guilty, Patel stated that 
he was voluntarily entering his guilty plea based on an understanding 
of the charges listed in the information, which included the factual 
allegations that he now disputes. The court then entered a judgment of 
conviction after accepting Patel's guilty plea. By pleading guilty to 
the charges in the information, Patel has already admitted and been 
convicted on the basis of the actions he now denies. Patel does not 
dispute that the court entered a judgment of conviction or that the 
court accepted his guilty plea and the factual admissions underlying 
it. Therefore, Patel's denials, whether directed at the Agency's 
authority to debar him or the appropriateness or period of debarment, 
fail to raise a genuine and substantial issue of fact warranting a 
hearing.
    Patel next argues that he was not in a managerial role at the time 
of the offenses and thereby appears to be challenging ORA's finding to 
the contrary under section 306(c)(3)(B) of the FD&C Act. In the 
attachment to Patel's plea agreement, Patel stipulated that he ``was an 
organizer, leader, manager or supervisor of the relevant criminal 
activity.'' Patel is bound by his stipulation from the criminal 
proceedings and cannot now deny his managerial role. Further, Patel 
does not provide any new information that would overcome his 
stipulation that he was in a managerial role; therefore, OSI concludes 
that Patel has failed to raise a genuine and substantial issue of fact 
requiring a hearing with respect to ORA's finding.
    Lastly, Patel claims that he took voluntary steps to mitigate the 
impact on the public by cooperating with law enforcement officials 
during the investigation and subsequent prosecution of the conduct 
surrounding his offense. Patel appears to be responding to ORA's 
finding under section 306(c)(3)(C) of the FD&C Act that there is no 
information demonstrating such voluntary steps, but he does not provide 
any specific information or arguments to support his bare assertion 
that he cooperated with law enforcement officials. His unsupported 
statement that he took voluntary steps to mitigate the effect of his 
offense on the public through cooperation with law enforcement 
officials does not create a genuine and substantial issue of fact that 
warrants a hearing.
    Based on the factual findings in the proposal to debar and on the 
record, OSI finds that the proposed 5-year debarment is appropriate. In 
particular, the nature and seriousness of Patel's offense weighs 
significantly in favor of debarment. As stated in the proposal to 
debar, ``[His] conduct created a risk of injury, undermined the 
Agency's oversight of an approved drug product, undermined the 
development or approval, including the process for development or 
approval, of a drug product, and seriously undermined the integrity of 
the Agency's regulation of drug products.'' The nature and extent of 
management participation and lack of voluntary steps to mitigate the 
impact on the public also weigh in favor of debarment. Although Patel 
does not appear to have prior criminal convictions involving matters 
within FDA's jurisdiction, this sole favorable factor is not enough to 
outweigh the factors supporting debarment.

III. Findings and Order

    Therefore, the Director of OSI, under section 306(b)(2)(B)(i)(II) 
of the FD&C Act and under authority delegated to him by the 
Commissioner of Food and Drugs, finds that: (1) Patel has been 
convicted of a conspiracy to commit a felony under Federal law for 
conduct relating to the regulation of a drug

[[Page 48831]]

product under the FD&C Act and (2) that the conduct which served as the 
basis for the conviction undermines the process for the regulation of 
drugs. FDA has considered the applicable factors listed in section 
306(c)(3) of the FD&C Act and determined that a debarment of 5 years is 
appropriate.
    As a result of the foregoing findings, Patel is debarred for 5 
years from providing services in any capacity to a person with an 
approved or pending drug product application under sections 505, 512, 
or 802 of the FD&C Act (21 U.S.C. 355, 360b, or 382), or under section 
351 of the Public Health Service Act (42 U.S.C. 262), effective 
September 27, 2018 (see 21 U.S.C. 335a(c)(1)(B) and (c)(2)(A)(iii) and 
21 U.S.C. 321(dd)). Any person with an approved or pending drug product 
application, who knowingly uses the services of Patel, in any capacity 
during his period of debarment, will be subject to civil money 
penalties (section 307(a)(6) of the FD&C Act (21 U.S.C. 335b(a)(6))). 
If Patel, during his period of debarment, provides services in any 
capacity to a person with an approved or pending drug product 
application, he will be subject to civil money penalties (section 
307(a)(7) of the FD&C Act). In addition, FDA will not accept or review 
any abbreviated new drug applications submitted by or with the 
assistance of Patel during his period of debarment (section 
306(c)(1)(B) of the FD&C Act).

    Dated: September 21, 2018.
George M. Warren,
Director, Office of Scientific Integrity.
[FR Doc. 2018-20977 Filed 9-26-18; 8:45 am]
 BILLING CODE 4164-01-P



                                                                        Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Notices                                           48829

                                                 Dated: September 20, 2018.                            that if you include your name, contact                of comments to public dockets, see 80
                                               Leslie Kux,                                             information, or other information that                FR 56469, September 18, 2015, or access
                                               Associate Commissioner for Policy.                      identifies you in the body of your                    the information at: https://www.gpo.gov/
                                               [FR Doc. 2018–21033 Filed 9–26–18; 8:45 am]             application, that information will be                 fdsys/pkg/FR-2015-09-18/pdf/2015-
                                               BILLING CODE 4164–01–P                                  posted on https://www.regulations.gov.                23389.pdf.
                                                                                                          • If you want to submit an                            Docket: For access to the docket, go to
                                                                                                       application with confidential                         https://www.regulations.gov and insert
                                               DEPARTMENT OF HEALTH AND                                information that you do not wish to be                the docket number, found in brackets in
                                               HUMAN SERVICES                                          made available to the public, submit the              the heading of this document, into the
                                                                                                       application as a written/paper                        ‘‘Search’’ box and follow the prompts
                                               Food and Drug Administration                            submission and in the manner detailed                 and/or go to the Dockets Management
                                               [Docket No. FDA–2009–N–0329]
                                                                                                       (see ‘‘Written/Paper Submissions’’ and                Staff, 5630 Fishers Lane, Rm. 1061,
                                                                                                       ‘‘Instructions’’).                                    Rockville, MD 20852 between 9 a.m.
                                               Dilip Patel; Denial of Hearing; Final                   Written/Paper Submissions                             and 4 p.m., Monday through Friday.
                                               Debarment Order                                                                                               Publicly available submissions may be
                                                                                                          Submit written/paper submissions as                seen in the docket.
                                               AGENCY:    Food and Drug Administration,                follows:
                                                                                                          • Mail/Hand Delivery/Courier (for                  FOR FURTHER INFORMATION CONTACT:
                                               HHS.
                                                                                                       written/paper submissions): Dockets                   Rachael Vieder Linowes, Office of
                                               ACTION:   Notice.
                                                                                                       Management Staff (HFA–305), Food and                  Scientific Integrity, Food and Drug
                                               SUMMARY:   The Food and Drug                            Drug Administration, 5630 Fishers                     Administration, 10903 New Hampshire
                                               Administration (FDA or Agency) is                       Lane, Rm. 1061, Rockville, MD 20852.                  Ave., Bldg. 1, Rm. 4206, Silver Spring,
                                               denying a request for a hearing                            • For a written/paper application                  MD 20993, 240–402–5931.
                                               submitted by Dilip Patel and is issuing                 submitted to the Dockets Management                   SUPPLEMENTARY INFORMATION:
                                               an order under the Federal Food, Drug,                  Staff, FDA will post your application, as
                                               and Cosmetic Act (FD&C Act) debarring                                                                         I. Background
                                                                                                       well as any attachments, except for
                                               Patel for 5 years from providing services               information submitted, marked and                        Section 306(b)(2)(B)(i)(II) of the FD&C
                                               in any capacity to a person that has an                 identified, as confidential, if submitted             Act (21 U.S.C. 335a(b)(2)(B)(i)(II))
                                               approved or pending drug product                        as detailed in ‘‘Instructions.’’                      permits FDA to debar an individual if it
                                               application. FDA bases this order on a                     Instructions: Your application must                finds: (1) That the individual has been
                                               finding that Patel was convicted of a                   include the Docket No. FDA–2009–N–                    convicted of a conspiracy to commit a
                                               conspiracy to commit a felony under                     0329. An application will be placed in                felony under Federal law for conduct
                                               Federal law for conduct relating to the                 the docket and, unless submitted as                   relating to the regulation of any drug
                                               regulation of a drug product under the                  ‘‘Confidential Submissions,’’ publicly                product under the FD&C Act and (2)
                                               FD&C Act and that the conduct                           viewable at https://www.regulations.gov               that the type of conduct which served
                                               underlying the conviction undermines                    or at the Dockets Management Staff                    as the basis for the conviction
                                               the process for the regulation of drugs.                between 9 a.m. and 4 p.m., Monday                     undermines the process for the
                                               In determining the appropriateness and                  through Friday.                                       regulation of drugs.
                                               period of Patel’s debarment, FDA                           • Confidential Submissions—To                         On April 24, 2007, Patel pled guilty
                                               considered the relevant factors listed in               submit an application with confidential               to one count of conspiracy to distribute
                                               the FD&C Act. Patel failed to file with                 information that you do not wish to be                misbranded and adulterated drugs, in
                                               the Agency information and analyses                     made publicly available, submit your                  violation of 18 U.S.C. 371. On December
                                               sufficient to create a basis for a hearing              application only as a written/paper                   9, 2010, the U.S. District Court for the
                                               concerning this action.                                 submission. You should submit two                     District of New Jersey entered the
                                               DATES: The order is applicable                          copies total. One copy will include the               conviction, sentenced Patel to 2 years of
                                               September 27, 2018.                                     information you claim to be confidential              probation, and imposed a $3,000 fine.
                                               ADDRESSES: Any application for                          with a heading or cover note that states              Patel’s conviction stemmed from his
                                               termination of debarment by Patel under                 ‘‘THIS DOCUMENT CONTAINS                              employment at Able Laboratories, Inc.
                                               section 306(d) of the FD&C Act                          CONFIDENTIAL INFORMATION.’’ The                       (Able), where he was a Supervisor of
                                               (application) may be submitted as                       Agency will review this copy, including               Analytical Control and later a Quality
                                               follows:                                                the claimed confidential information, in              Control Manager in the Quality Control
                                                                                                       its consideration of your application.                Department. Patel and his co-
                                               Electronic Submissions                                  The second copy, which will have the                  conspirators conspired and agreed with
                                                 • Federal eRulemaking Portal:                         claimed confidential information                      others to cause the introduction of
                                               https://www.regulations.gov. Follow the                 redacted/blacked out, will be available               misbranded and adulterated drugs into
                                               instructions for submitting comments.                   for public viewing and posted on                      interstate commerce with an intent to
                                               An application submitted electronically,                https://www.regulations.gov. Submit                   defraud and mislead the United States,
                                               including attachments, to https://                      both copies to the Dockets Management                 in violation of sections 301(a) and
                                               www.regulations.gov will be posted to                   Staff. If you do not wish your name and               303(a)(2) of the FD&C Act (21 U.S.C.
                                               the docket unchanged. Because your                      contact information to be made publicly               331(a) and 333(a)(2)). Specifically,
                                               application will be made public, you are                available, you can provide this                       according to the criminal information to
                                               solely responsible for ensuring that your               information on the cover sheet and not                which he pled guilty, Patel supervised
daltland on DSKBBV9HB2PROD with NOTICES




                                               application does not include any                        in the body of your application and you               the falsification and manipulation of
                                               confidential information that you or a                  must identify this information as                     assay test results for atenolol, a
                                               third party may not wish to be posted,                  ‘‘confidential.’’ Any information marked              prescription medication for cardiac
                                               such as medical information, your or                    as ‘‘confidential’’ will not be disclosed             conditions, and he directed a
                                               anyone else’s Social Security number, or                except in accordance with 21 CFR 10.20                subordinate chemist to falsify and
                                               confidential business information, such                 and other applicable disclosure law. For              manipulate dissolution test results for
                                               as a manufacturing process. Please note                 more information about FDA’s posting                  methylphenidate hydrochloride


                                          VerDate Sep<11>2014   17:20 Sep 26, 2018   Jkt 244001   PO 00000   Frm 00037   Fmt 4703   Sfmt 4703   E:\FR\FM\27SEN1.SGM   27SEN1


                                               48830                    Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Notices

                                               extended-release tablets, a prescription                questionable, aberrant, and                           manager or supervisor of the relevant
                                               medication for attention deficit and                    unacceptable laboratory results, so that              criminal activity.’’ Patel is bound by his
                                               hyperactivity disorder.                                 Able could conceal improprieties and                  stipulation from the criminal
                                                  By letter dated January 10, 2012,                    continue to distribute and sell its drug              proceedings and cannot now deny his
                                               FDA’s Office of Regulatory Affairs                      products; (3) manipulating and                        managerial role. Further, Patel does not
                                               (ORA) notified Patel of its proposal to                 falsifying testing data and information               provide any new information that
                                               debar him for 5 years from providing                    to conceal from FDA failing laboratory                would overcome his stipulation that he
                                               services in any capacity to a person                    results relating to Able’s generic drug               was in a managerial role; therefore, OSI
                                               having an approved or pending drug                      products; (4) creating and maintaining                concludes that Patel has failed to raise
                                               product application. ORA concluded                      false, fraudulent, and inaccurate test                a genuine and substantial issue of fact
                                               that Patel should be debarred for 5 years               results to make it appear that drug                   requiring a hearing with respect to
                                               based on the four applicable                            products had requisite identity,                      ORA’s finding.
                                               considerations in section 306(c)(3) of                  strength, quality, and purity                            Lastly, Patel claims that he took
                                               the FD&C Act: (1) The nature and                        characteristics; and (5) creating and                 voluntary steps to mitigate the impact
                                               seriousness of his offense, (2) the nature              maintaining false, fraudulent, and                    on the public by cooperating with law
                                               and extent of management participation,                 inaccurate data and records to obtain                 enforcement officials during the
                                               (3) the nature and extent of voluntary                  FDA approval to market new product                    investigation and subsequent
                                               steps taken to mitigate the impact on the               lines. Patel also denies that he was in a             prosecution of the conduct surrounding
                                               public, and (4) prior convictions                       managerial position and asserts that he               his offense. Patel appears to be
                                               involving matters within FDA’s                          took voluntary steps to mitigate the                  responding to ORA’s finding under
                                               jurisdiction. ORA found that the nature                 impact of his offenses on the public by               section 306(c)(3)(C) of the FD&C Act
                                               and seriousness of the offense, the                     cooperating with law enforcement                      that there is no information
                                               nature and extent of management                         officials during the investigation and                demonstrating such voluntary steps, but
                                               participation, the nature and extent of                 subsequent prosecution.                               he does not provide any specific
                                               voluntary steps to mitigate the impact                     It is unclear whether Patel’s five                 information or arguments to support his
                                               on the public were unfavorable factors                  enumerated denials are challenges to                  bare assertion that he cooperated with
                                               for Patel. ORA found that the absence of                ORA’s finding that he is subject to                   law enforcement officials. His
                                               prior convictions involving matters                     debarment under section                               unsupported statement that he took
                                               within FDA’s jurisdiction was a                         306(b)(2)(B)(i)(II) of the FD&C Act or its            voluntary steps to mitigate the effect of
                                               favorable factor for Patel. ORA                         finding with respect to the                           his offense on the public through
                                               concluded, ‘‘Weighing all the factors,                  consideration under section                           cooperation with law enforcement
                                               the Agency has determined that the                      306(c)(3)(A), the nature and seriousness              officials does not create a genuine and
                                               unfavorable factors far outweigh the                    of his offense. Regardless of how these               substantial issue of fact that warrants a
                                               favorable factor, and therefore warrant                 denials are directed, they do not create              hearing.
                                               the imposition of a five-year permissible               a genuine and substantial issue of fact                  Based on the factual findings in the
                                               debarment.’’                                            suitable for a hearing. Section 306(l) of             proposal to debar and on the record, OSI
                                                  In a letter dated January 31, 2012,                  the FD&C Act defines conviction a                     finds that the proposed 5-year
                                               through counsel, Patel requested a                      Federal or State court’s entry of a                   debarment is appropriate. In particular,
                                               hearing. In a letter dated March 1, 2012,               judgment of conviction or acceptance of               the nature and seriousness of Patel’s
                                               through counsel, Patel submitted a short                a guilty plea. In pleading guilty, Patel              offense weighs significantly in favor of
                                               summary of arguments to support his                     stated that he was voluntarily entering               debarment. As stated in the proposal to
                                               hearing request.                                        his guilty plea based on an                           debar, ‘‘[His] conduct created a risk of
                                                  Under the authority delegated to him                 understanding of the charges listed in                injury, undermined the Agency’s
                                               by the Commissioner of Food and                         the information, which included the                   oversight of an approved drug product,
                                               Drugs, the Director of the Office of                    factual allegations that he now disputes.             undermined the development or
                                               Scientific Integrity (OSI) has considered               The court then entered a judgment of                  approval, including the process for
                                               Patel’s submission. Hearings are granted                conviction after accepting Patel’s guilty             development or approval, of a drug
                                               only if there is a genuine and substantial              plea. By pleading guilty to the charges               product, and seriously undermined the
                                               issue of fact. Hearings will not be                     in the information, Patel has already                 integrity of the Agency’s regulation of
                                               granted on issues of policy or law, on                  admitted and been convicted on the                    drug products.’’ The nature and extent
                                               mere allegations, denials or general                    basis of the actions he now denies. Patel             of management participation and lack of
                                               descriptions of positions and                           does not dispute that the court entered               voluntary steps to mitigate the impact
                                               contentions, or on data and information                 a judgment of conviction or that the                  on the public also weigh in favor of
                                               insufficient to justify the factual                     court accepted his guilty plea and the                debarment. Although Patel does not
                                               determination urged (see 21 CFR                         factual admissions underlying it.                     appear to have prior criminal
                                               12.24(b)).                                              Therefore, Patel’s denials, whether                   convictions involving matters within
                                                  OSI has considered Patel’s arguments                 directed at the Agency’s authority to                 FDA’s jurisdiction, this sole favorable
                                               and concludes that Patel’s arguments                    debar him or the appropriateness or                   factor is not enough to outweigh the
                                               are unpersuasive and fail to raise a                    period of debarment, fail to raise a                  factors supporting debarment.
                                               genuine and substantial issue of fact                   genuine and substantial issue of fact
                                                                                                                                                             III. Findings and Order
                                               requiring a hearing.                                    warranting a hearing.
                                                                                                          Patel next argues that he was not in                  Therefore, the Director of OSI, under
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                                               II. Arguments                                           a managerial role at the time of the                  section 306(b)(2)(B)(i)(II) of the FD&C
                                                  In his hearing request, Patel generally              offenses and thereby appears to be                    Act and under authority delegated to
                                               denies: (1) Violating good                              challenging ORA’s finding to the                      him by the Commissioner of Food and
                                               manufacturing practice requirements;                    contrary under section 306(c)(3)(B) of                Drugs, finds that: (1) Patel has been
                                               (2) violating standard operating                        the FD&C Act. In the attachment to                    convicted of a conspiracy to commit a
                                               procedures by failing to properly                       Patel’s plea agreement, Patel stipulated              felony under Federal law for conduct
                                               investigate, log, and archive                           that he ‘‘was an organizer, leader,                   relating to the regulation of a drug


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                                                                        Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Notices                                          48831

                                               product under the FD&C Act and (2)                      the information collection titled,                    IHS where the duties and
                                               that the conduct which served as the                    ‘‘Addendum to Declaration for Federal                 responsibilities involve regular contact
                                               basis for the conviction undermines the                 Employment, Child Care and Indian                     with, or control over, Indian children;
                                               process for the regulation of drugs. FDA                Child Care Worker Positions,’’ Office of              and to conduct an investigation of the
                                               has considered the applicable factors                   Management and Budget (OMB) Control                   character of each individual who is
                                               listed in section 306(c)(3) of the FD&C                 Number 0917–0028.                                     employed, or is being considered for
                                               Act and determined that a debarment of                  DATES: November 26, 2018. Your                        employment, in a position having
                                               5 years is appropriate.                                 comments regarding this information                   regular contact with, or control over,
                                                  As a result of the foregoing findings,               collection are best assured of having full            Indian children. 25 U.S.C. 3207(a)(1)
                                               Patel is debarred for 5 years from                      effect if received within 60 days of the              and (2). Title 25 U.S.C. 3207(a)(3)
                                               providing services in any capacity to a                 date of this publication.                             requires regulations prescribing the
                                               person with an approved or pending                                                                            minimum standards of character for
                                                                                                       ADDRESSES: Send your written
                                               drug product application under sections                                                                       individuals appointed to positions
                                                                                                       comments, requests for more
                                               505, 512, or 802 of the FD&C Act (21                                                                          involving regular contact with, or
                                                                                                       information on the proposed collection,
                                               U.S.C. 355, 360b, or 382), or under                                                                           control over, Indian children, and
                                                                                                       or requests to obtain a copy of the data
                                               section 351 of the Public Health Service                                                                      section 3207(b) provides that such
                                                                                                       collection instrument and instructions
                                               Act (42 U.S.C. 262), effective September                                                                      standards shall ensure that no such
                                               27, 2018 (see 21 U.S.C. 335a(c)(1)(B) and               to Evonne Bennett-Barnes by one of the
                                                                                                       following methods:                                    individuals have been found guilty of,
                                               (c)(2)(A)(iii) and 21 U.S.C. 321(dd)).
                                                                                                          • Mail: Evonne Bennett-Barnes,                     or entered a plea of nolo contendere or
                                               Any person with an approved or                                                                                guilty to any felonious offense, or any
                                                                                                       Information Collection Clearance
                                               pending drug product application, who
                                                                                                       Officer, 5600 Fishers Lane, Mail stop:                two or more misdemeanor offenses,
                                               knowingly uses the services of Patel, in
                                                                                                       09E21B, Rockville, MD 20857.                          under Federal, State, or Tribal law
                                               any capacity during his period of
                                                                                                          • Email: Evonne.Bennett-Barnes@                    involving crimes of violence; sexual
                                               debarment, will be subject to civil
                                                                                                       ihs.gov.                                              assault, molestation, exploitation,
                                               money penalties (section 307(a)(6) of the
                                                                                                          • Phone: 301–443–4750.                             contact or prostitution; crimes against
                                               FD&C Act (21 U.S.C. 335b(a)(6))). If
                                               Patel, during his period of debarment,                  SUPPLEMENTARY INFORMATION: This                       persons; or offenses committed against
                                               provides services in any capacity to a                  previously approved information                       children.
                                               person with an approved or pending                      collection project was last published in                 In addition, 34 U.S.C. 20351 (formerly
                                               drug product application, he will be                    the Federal Register (80 FR 53812) on                 codified at 42 U.S.C. 13041, which was
                                               subject to civil money penalties (section               September 8, 2015, and allowed 30 days                transferred to 34 U.S.C. 20351) requires
                                               307(a)(7) of the FD&C Act). In addition,                for public comment. No public                         each agency of the Federal Government,
                                               FDA will not accept or review any                       comment was received in response to                   and every facility operated by the
                                               abbreviated new drug applications                       the notice. This notice announces our                 Federal Government (or operated under
                                               submitted by or with the assistance of                  intent to submit this collection, which               contract with the Federal Government),
                                               Patel during his period of debarment                    expires November 30, 2018, to OMB for                 that hires (or contracts for hire)
                                               (section 306(c)(1)(B) of the FD&C Act).                 approval of an extension, and to solicit              individuals involved with the provision
                                                                                                       comments on specific aspects for the                  of child care services to children under
                                                 Dated: September 21, 2018.
                                                                                                       proposed information collection.                      the age of 18 to assure that all existing
                                               George M. Warren,                                          A copy of the supporting statement is
                                               Director, Office of Scientific Integrity.                                                                     and newly hired employees undergo a
                                                                                                       available at www.regulations.gov (see                 criminal history background check. The
                                               [FR Doc. 2018–20977 Filed 9–26–18; 8:45 am]             Docket ID IHS_FRDOC_0001).                            background investigation is to be
                                               BILLING CODE 4164–01–P                                     Proposed Collection: Title:                        initiated through the personnel program
                                                                                                       Addendum to Declaration for Federal                   of the applicable Federal agency. This
                                                                                                       Employment, Child Care and Indian                     section requires employment
                                               DEPARTMENT OF HEALTH AND                                Child Care Worker Positions (OMB No.
                                               HUMAN SERVICES                                                                                                applications for individuals who are
                                                                                                       0917–0028). Type of Information                       seeking work for an agency of the
                                                                                                       Collection Request: Extension, without                Federal Government, or for a facility or
                                               Indian Health Service
                                                                                                       revision, of currently approved                       program operated by (or through
                                               [OMB NO. 0917–0028]                                     information collection, 0917–0028,                    contract with) the Federal Government,
                                                                                                       Addendum to Declaration for Federal                   in positions involved with the provision
                                               Request for Public Comment: 60-Day                      Employment, Child Care and Indian
                                               Proposed Information Collection:                                                                              of child care services to children under
                                                                                                       Child Care Worker Positions. There are                the age of 18, to contain a question
                                               Addendum to Declaration for Federal                     no program changes or adjustments in
                                               Employment, Child Care and Indian                                                                             asking whether the individual has ever
                                                                                                       burden hours. Form(s): Addendum to                    been arrested for or charged with a
                                               Child Care Worker Positions                             Declaration for Federal Employment,                   crime involving a child, and if so,
                                               AGENCY: Indian Health Service, HHS.                     Child Care and Indian Child Care                      requiring a description of the
                                               ACTION:Notice and request for                           Worker Positions. Need and Use of                     disposition of the arrest or charge.
                                               comments. Request for extension of                      Information Collection: This is a request
                                                                                                       for approval of the collection of                        Affected Public: Individuals and
                                               approval.                                                                                                     households. Type of Respondents:
                                                                                                       information as required by section 408
                                               SUMMARY:   In compliance with the                       of the Indian Child Protection and                    Individuals.
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                                               Paperwork Reduction Act of 1995,                        Family Violence Prevention Act, Public                   The table below provides: Types of
                                               which requires 60 days for public                       Law (Pub. L.) 101–630, 104 Stat. 4544,                data collection instruments, Estimated
                                               comment on proposed information                         and 25 United States Code (U.S.C.)                    number of respondents, Number of
                                               collection projects, the Indian Health                  §§ 3201–3210.                                         responses per respondent, Average
                                               Service (IHS) invites the general public                   The IHS is required to compile a list              burden hour per response, and Total
                                               to take this opportunity to comment on                  of all authorized positions within the                annual burden hour(s).



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Document Created: 2018-09-27 01:04:40
Document Modified: 2018-09-27 01:04:40
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
ActionNotice.
DatesThe order is applicable September 27, 2018.
ContactRachael Vieder Linowes, Office of Scientific Integrity, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 1, Rm. 4206, Silver Spring, MD 20993, 240-402-5931.
FR Citation83 FR 48829 

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