Federal Register / Vol. 85, No. 249 / Tuesday, December 29, 2020 / Notices 85671 

1Under the Administrative Procedure Act, an 

agency ‘‘may take official notice of facts at any stage 

in a proceeding—even in the final decision.’’ 

United States Department of Justice, Attorney 

General’s Manual on the Administrative Procedure 

Act 80 (1947) (Wm. W. Gaunt & Sons, Inc., Reprint 

1979). Pursuant to 5 U.S.C. 556(e), ‘‘[w]hen an 

agency decision rests on official notice of a material 

fact not appearing in the evidence in the record, a 

party is entitled, on timely request, to an 

opportunity to show the contrary.’’ Accordingly, 

Registrant may dispute my finding by filing a 

properly supported motion for reconsideration 

within fifteen calendar days of the date of this 

Order. Any such motion shall be filed with the 

Office of the Administrator and a copy shall be 

served on the Government. In the event Registrant 

files a motion, the Government shall have fifteen 

calendar days to file a response. Any such motion 

and response may be filed and served by email 

(dea.addo.attorneys@dea.usdoj.gov). 

Further, based on the Government’s 

written representations, I find that 

neither Registrant, nor anyone 

purporting to represent Registrant, 

requested a hearing, submitted a written 

statement while waiving Registrant’s 

right to a hearing, or submitted a 

corrective action plan. Further, I find 

that Registrant, through counsel, 

explicitly waived his right to a hearing. 

RFAA, at 2; RFAAX 5. Accordingly, I 

find that Registrant has waived the right 

to a hearing and the right to submit a 

written statement and corrective action 

plan. 21 CFR 1301.43(d) and 21 U.S.C. 

824(c)(2)(C). I, therefore, issue this 

Decision and Order based on the record 

submitted by the Government, which 

constitutes the entire record before me. 

21 CFR 1301.46. 

I. Findings of Fact 

a. Registrant’s DEA Registration 

Registrant is the holder of DEA 

Certificate of Registration No. 

BA0859174 at the registered address of 

581 McCray Street, Suite E, Hollister, 

CA 95023. RFAAX 1 (Certification of 

Registration Status). Pursuant to this 

registration, Registrant is authorized to 

dispense controlled substances in 

schedules II through V as a practitionerDW/30. Id. Registrant’s registration will 

expire on June 30, 2021. Id. 

b. The Status of Registrant’s State 

License 

On November 12, 2019, Registrant 

and the Medical Board of California 

entered into a Stipulated Surrender of 

License and Order, whereby Registrant 

surrendered his California medical 

license. RFAAX 3. The accusations 

surrounding the surrender included 

unprofessional conduct involving the 

prescription of controlled substances. 

Id. at 12–14. On November 20, 2019, the 

Medical Board of California entered an 

Order adopting the Stipulated Surrender 

with an effective date of November 27, 

2019. Id. at 1. The Medical Board of 

California’s online records, of which I 

take official notice, document that 

Registrant’s license is still surrendered.1

Medical Board of California License 

Verification, https://www.mbc.ca.gov/ 

Breeze/License_Verification.aspx (last 

visited date of signature of this Order). 

Accordingly, I find that Registrant 

currently is not licensed to engage in the 

practice of medicine in California, the 

state in which Registrant is registered 

with the DEA. 

II. 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 CSA ‘‘upon a 

finding that the registrant . . . has had 

his State license or registration 

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, the DEA has also 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, M.D., 76 FR 71371 

(2011), pet. for rev. denied, 481 Fed. 

Appx. 826 (4th Cir. 2012); Frederick 

Marsh Blanton, M.D., 43 FR 27616, 

27617 (1978). 

This rule derives from the text of two 

provisions of the CSA. First, 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). Second, in setting the 

requirements for obtaining a 

practitioner’s registration, Congress 

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). Because Congress has 

clearly mandated that a practitioner 

possess state authority in order to be 

deemed a practitioner under the CSA, 

the DEA has held repeatedly that 

revocation of a practitioner’s registration 

is the appropriate sanction whenever he 

is no longer authorized to dispense 

controlled substances under the laws of 

the state in which he practices. See, e.g., 

James L. Hooper, 76 FR at 71371–72; 

Sheran Arden Yeates, M.D., 71 FR 

39130, 39131 (2006); Dominick A. Ricci, 

M.D., 58 FR 51104, 51105 (1993); Bobby 

Watts, M.D., 53 FR 11919, 11920 (1988); 

Frederick Marsh Blanton, 43 FR at 

27617. 

According to California statute, ‘‘[n]o 

person other than a physician . . . shall 

write or issue a prescription.’’ Cal. 

Health & Safety Code § 11150 (West 

2020). Further, ‘‘physician,’’ as defined 

by California statute, is a person who is 

‘‘licensed to practice’’ in California. Id. 

at § 11024. 

Here, the undisputed evidence in the 

record is that Registrant currently lacks 

authority to practice medicine in 

California. As already discussed, a 

physician must be a licensed 

practitioner to dispense a controlled 

substance in California. Thus, because 

Registrant lacks authority to practice 

medicine in California and, therefore, is 

not authorized to handle controlled 

substances in California, Registrant is 

not eligible to maintain a DEA 

registration. Accordingly, I will order 

that Registrant’s DEA registration be 

revoked. 

Order 

Pursuant to 28 CFR 0.100(b) and the 

authority vested in me by 21 U.S.C. 

824(a), I hereby revoke DEA Certificate 

of Registration No. BA0859174 issued to 

Annamalai Ashokan, M.D. Further, 

pursuant to 28 CFR 0.100(b) and the 

authority vested in me by 21 U.S.C. 

§ 823(f), I hereby deny any pending 

application of Annamalai Ashokan, 

M.D. to renew or modify this 

registration or for any other registrations 

in the State of California. This Order is 

effective January 28, 2021. 

Timothy J. Shea, 

Acting Administrator. 

[FR Doc. 2020–28678 Filed 12–28–20; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Proposed 

Consent Decree Under the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act 

On December 18, 2020, the 

Department of Justice lodged a proposed 

Consent Decree with the United States 

District Court for the Southern of Texas 

in the lawsuit entitled United States v. 

Allied Transportation Company, et al., 

Civil Action No. 3:20–cv–382. 

The United States filed a Complaint 

against the defendants pursuant to 

Sections 106 and 107 of the 

Comprehensive Environmental 


KHAMMOND on DSKJM1Z7X2PROD with NOTICES
85672 Federal Register / Vol. 85, No. 249 / Tuesday, December 29, 2020 / Notices 

Response, Compensation and Liability 

Act (‘‘CERCLA’’), 42 U.S.C. ¶ 9606, 

9607. The Complaint seeks, inter alia, 

injunctive relief to perform a cleanup at 

the Gulfco Marine Maintenance NPL 

site (‘‘Site’’), an inactive barge facility 

located in Freeport, Brazoria County, 

Texas, and recovery of costs incurred by 

the United States in responding to the 

release of hazardous substances at the 

Site. Under the proposed Consent 

Decree, the Defendants will implement 

a remedy for ground water 

contamination that was selected by EPA 

on September 29, 2011. The Defendants 

will also pay past response costs in the 

amount of $1.2 million and reimburse 

the United States for future response 

costs. 

The publication of this notice opens 

a period for public comment on the 

Consent Decree. Comments should be 

addressed to the Assistant Attorney 

General, Environment and Natural 

Resources Division, and should refer to 

United States v. Allied Transportation 

Company, et al., D.J. Ref. No. 90–11–2– 

09587. All comments must be submitted 

no later than thirty (30) days after the 

publication date of this notice. 

Comments may be submitted either by 

email or by mail: 

To submit 

comments: Send them to: 

By email ....... pubcomment-ees.enrd@

usdoj.gov. 

By mail ......... Assistant Attorney General, 

U.S. DOJ—ENRD, P.O. 

Box 7611, Washington, DC 

20044–7611. 

During the public comment period, 

the Consent Decree may be examined 

and downloaded at this Justice 

Department website: https://

www.justice.gov/enrd/consent-decrees. 

We will provide a paper copy of the 

Consent Decree upon written request 

and payment of reproduction costs. 

Please mail your request and payment 

to: Consent Decree Library, U.S. DOJ— 

ENRD, P.O. Box 7611, Washington, DC 

20044–7611. 

Please enclose a check or money order 

for $111.50 (25 cents per page 

reproduction cost) payable to the United 

States Treasury. For a paper copy 

without the exhibits and signature 

pages, the cost is $19.75. 

Karen Dworkin, 

Deputy Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 2020–28744 Filed 12–28–20; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF LABOR 

Agency Information Collection 

Activities; Submission for OMB 

Review; Comment Request; 

Affirmative Action Program 

Verification Interface 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: The Department of Labor 

(DOL) is submitting this Office of 

Federal Contract Compliance Programs 

(OFCCP)-sponsored information 

collection request (ICR) to the Office of 

Management and Budget (OMB) for 

review and approval in accordance with 

the Paperwork Reduction Act of 1995 

(PRA). Public comments on the ICR are 

invited. 

DATES: The OMB will consider all 

written comments that agency receives 

on or before January 28, 2021. 

ADDRESSES: Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to www.reginfo.gov/public/do/ 

PRAMain. Find this particular 

information collection by selecting 

‘‘Currently under 30-day Review—Open 

for Public Comments’’ or by using the 

search function. 

Comments are invited on: (1) Whether 

the collection of information is 

necessary for the proper performance of 

the functions of the Department, 

including whether the information will 

have practical utility; (2) if the 

information will be processed and used 

in a timely manner; (3) the accuracy of 

the agency’s estimates of the burden and 

cost of the collection of information, 

including the validity of the 

methodology and assumptions used; (4) 

ways to enhance the quality, utility and 

clarity of the information collection; and 

(5) ways to minimize the burden of the 

collection of information on those who 

are to respond, including the use of 

automated collection techniques or 

other forms of information technology. 

FOR FURTHER INFORMATION CONTACT: 

Anthony May by telephone at 202–693– 

4129 (this is not a toll-free number) or 

by email at DOL_PRA_PUBLIC@dol.gov. 

SUPPLEMENTARY INFORMATION: OFCCP 

administers and enforces three equal 

employment opportunity laws: 

• Executive Order 11246, as amended 

(E.O. 11246); 

• Section 503 of the Rehabilitation 

Act of 1973, as amended (Section 503); 

• Vietnam Era Veterans’ 

Readjustment Assistance Act of 1974, as 

amended (VEVRAA). 

These authorities prohibit 

employment discrimination by covered 

federal contractors and subcontractors 

and require that they provide equal 

employment opportunities regardless of 

race, color, religion, sex, sexual 

orientation, gender identity, national 

origin, disability, or status as a protected 

veteran. Additionally, federal 

contractors and subcontractors are 

prohibited from discriminating against 

applicants and employees for inquiring 

about, discussing, or disclosing 

information about their pay or the pay 

of their co-workers, subject to certain 

limitations. E.O. 11246’s basic coverage 

applies to federal contractors and 

subcontractors and to federally assisted 

construction contractors holding a 

government contract in excess of 

$10,000, or government contracts that 

have, or can reasonably be expected to 

have, an aggregate total value exceeding 

$10,000 in a 12-month period. E.O. 

11246 also applies to government bills 

of lading, depositories of federal funds 

in any amount, and to financial 

institutions that are issuing and paying 

agents for U.S. Savings Bonds. E.O. 

11246’s Affirmative Action Program 

(AAP) requirements apply to federal 

contractors and subcontractors with 50 

or more employees and a contract of 

$50,000 or more. Section 503 prohibits 

employment discrimination against 

applicants and employees because of 

physical or mental disability and 

requires affirmative action to ensure that 

persons are treated without regard to 

disability. Section 503 applies to federal 

contractors and subcontractors with 

contracts in excess of $15,000, and its 

AAP coverage applies to federal 

contractors and subcontractors with 50 

or more employees and a contract of 

$50,000 or more. VEVRAA prohibits 

employment discrimination against 

protected veterans and requires 

affirmative action to ensure that persons 

are treated without regard to their status 

as a protected veteran. VEVRAA applies 

to federal contractors and 

subcontractors with contracts of 

$150,000 or more, and its AAP coverage 

applies to federal contractors and 

subcontractors with 50 or more 

employees and a contract of $150,000 or 

more. For additional substantive 

information about this ICR, see the 

related notice published in the Federal 

Register on September 14, 2020 (85 FR 

56635). 

This information collection is subject 

to the PRA. A Federal agency generally 

cannot conduct or sponsor a collection 

of information, and the public is 

generally not required to respond to an 

information collection, unless the OMB 

approves it and displays a currently 

valid OMB Control Number. In addition, 


KHAMMOND on DSKJM1Z7X2PROD with NOTICES