Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Notices 8747 

in China of certain steel gratings, and 

that such products are being sold in the 

United States at less than fair value 

within the meaning of section 733 of the 

Act (19 U.S.C. 1673b). The 

investigations were requested in a 

petition filed May 29, 2009, by Alabama 

Metal Industries, Birmingham, AL and 

Fisher & Ludlow, Wexford, PA. 

Participation in the investigations and 

public service list.—Persons, including 

industrial users of the subject 

merchandise and, if the merchandise is 

sold at the retail level, representative 

consumer organizations, wishing to 

participate in the final phase of these 

investigations as parties must file an 

entry of appearance with the Secretary 

to the Commission, as provided in 

section 201.11 of the Commission’s 

rules, no later than 21 days prior to the 

hearing date specified in this notice. A 

party that filed a notice of appearance 

during the preliminary phase of the 

investigations need not file an 

additional notice of appearance during 

this final phase. The Secretary will 

maintain a public service list containing 

the names and addresses of all persons, 

or their representatives, who are parties 

to the investigations. 

Limited disclosure of business 

proprietary information (BPI) under an 

administrative protective order (APO) 

and BPI service list.—Pursuant to 

section 207.7(a) of the Commission’s 

rules, the Secretary will make BPI 

gathered in the final phase of these 

investigations available to authorized 

applicants under the APO issued in the 

investigations, provided that the 

application is made no later than 21 

days prior to the hearing date specified 

in this notice. Authorized applicants 

must represent interested parties, as 

defined by 19 U.S.C. 1677(9), who are 

parties to the investigations. A party 

granted access to BPI in the preliminary 

phase of the investigations need not 

reapply for such access. A separate 

service list will be maintained by the 

Secretary for those parties authorized to 

receive BPI under the APO. 

Staff report.—The prehearing staff 

report in the final phase of these 

investigations will be placed in the 

nonpublic record on May 11, 2010, and 

a public version will be issued 

thereafter, pursuant to section 207.22 of 

the Commission’s rules. 

Hearing.—The Commission will hold 

a hearing in connection with the final 

phase of these investigations beginning 

at 9:30 a.m. on May 25, 2010, at the U.S. 

International Trade Commission 

Building. Requests to appear at the 

hearing should be filed in writing with 

the Secretary to the Commission on or 

before May 17, 2010. A nonparty who 

has testimony that may aid the 

Commission’s deliberations may request 

permission to present a short statement 

at the hearing. All parties and 

nonparties desiring to appear at the 

hearing and make oral presentations 

should attend a prehearing conference 

to be held at 9:30 a.m. on May 19, 2010, 

at the U.S. International Trade 

Commission Building. Oral testimony 

and written materials to be submitted at 

the public hearing are governed by 

sections 201.6(b)(2), 201.13(f), and 

207.24 of the Commission’s rules. 

Parties must submit any request to 

present a portion of their hearing 

testimony in camera no later than 7 

business days prior to the date of the 

hearing. 

Written submissions.—Each party 

who is an interested party shall submit 

a prehearing brief to the Commission. 

Prehearing briefs must conform with the 

provisions of section 207.23 of the 

Commission’s rules; the deadline for 

filing is May 18, 2010. Parties may also 

file written testimony in connection 

with their presentation at the hearing, as 

provided in section 207.24 of the 

Commission’s rules, and posthearing 

briefs, which must conform with the 

provisions of section 207.25 of the 

Commission’s rules. The deadline for 

filing posthearing briefs is June 1, 2010; 

witness testimony must be filed no later 

than three days before the hearing. In 

addition, any person who has not 

entered an appearance as a party to the 

investigations may submit a written 

statement of information pertinent to 

the subject of the investigations, 

including statements of support or 

opposition to the petition, on or before 

June 1, 2010. On June 17, 2010, the 

Commission will make available to 

parties all information on which they 

have not had an opportunity to 

comment. Parties may submit final 

comments on this information on or 

before June 21, 2010, but such final 

comments must not contain new factual 

information and must otherwise comply 

with section 207.30 of the Commission’s 

rules. All written submissions must 

conform with the provisions of section 

201.8 of the Commission’s rules; any 

submissions that contain BPI must also 

conform with the requirements of 

sections 201.6, 207.3, and 207.7 of the 

Commission’s rules. The Commission’s 

rules do not authorize filing of 

submissions with the Secretary by 

facsimile or electronic means, except to 

the extent permitted by section 201.8 of 

the Commission’s rules, as amended, 67 

FR 68036 (November 8, 2002). Even 

where electronic filing of a document is 

permitted, certain documents must also 

be filed in paper form, as specified in II 

(C) of the Commission’s Handbook on 

Electronic Filing Procedures, 67 FR 

68168, 68173 (November 8, 2002). 

Additional written submissions to the 

Commission, including requests 

pursuant to section 201.12 of the 

Commission’s rules, shall not be 

accepted unless good cause is shown for 

accepting such submissions, or unless 

the submission is pursuant to a specific 

request by a Commissioner or 

Commission staff. 

In accordance with sections 201.16(c) 

and 207.3 of the Commission’s rules, 

each document filed by a party to the 

investigations must be served on all 

other parties to the investigations (as 

identified by either the public or BPI 

service list), and a certificate of service 

must be timely filed. The Secretary will 

not accept a document for filing without 

a certificate of service. 

Authority: These investigations are being 

conducted under authority of title VII of the 

Tariff Act of 1930; this notice is published 

pursuant to section 207.21 of the 

Commission’s rules. 

By order of the Commission. 

Issued: February 22, 2010. 

William R. Bishop, 

Acting Secretary to the Commission. 

[FR Doc. 2010–3879 Filed 2–24–10; 8:45 am] 

BILLING CODE 7020–02–P 

JUDICIAL CONFERENCE OF THE 

UNITED STATES 

Revision of Certain Dollar Amounts in 

the Bankruptcy Code Prescribed Under 

Section 104(A) of the Code 

AGENCY: Judicial Conference of the 

United States. 

ACTION: Notice. 

SUMMARY: Certain dollar amounts in title 

11 and title 28, United States Code, are 

increased. 

FOR FURTHER INFORMATION CONTACT: 

Francis F. Szczebak, Chief, Bankruptcy 

Judges Division, Administrative Office 

of the United States Courts, Washington, 

DC 20544, telephone (202) 502–1900 or 

by e-mail at Bankruptcy_Judges_

Division@ao.uscourts.gov. 

SUPPLEMENTARY INFORMATION: Section 

104(a) of title 11, United States Code, 

provides the mechanism for an 

automatic 3-year adjustment of dollar 

amounts in certain sections of titles 11 

and 28. Bankruptcy Reform Act of 1994, 

Public Law 103–394, section 108(e), 

(1994) as amended by Bankruptcy 

Abuse Prevention and Consumer 

Protection Act of 2005, Public Law 109– 

8, section 102(j), (2005) and Public Law 

110–406, (2008). The provision states: 


jlentini on DSKJ8SOYB1PROD with NOTICES
8748 Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Notices 

(a) On April 1, 1998, and at each 3-year 

interval ending April 1 thereafter, each dollar 

amount in effect under 101(3), 101(18), 

101(19A), 101(51D), 109(e), 303(b), 507(a), 

522(d), 522(f)(3) and 522(f)(4), 522(n), 522(p), 

522(q), 523(a)(2)(C), 541(b), 547(c)(9), 707(b), 

1322(d), 1325(b), and 1326(b)(3) and section 

1409(b) of title 28 immediately before such 

April 1 shall be adjusted: 

(1) to reflect the change in the Consumer 

Price Index for All Urban Consumers, 

published by the Department of Labor, for the 

most recent 3-year period ending 

immediately before January 1 preceding such 

April 1, and 

(2) to round to the nearest $25 the dollar 

amount that represents such change. 

(b) Not later than March 1, 1998, and at 

each 3-year interval ending on March 1, 

thereafter, the Judicial Conference of the 

United States shall publish in the Federal 

Register the dollar amounts that will become 

effective on such April 1 under sections 

101(3), 101(18), 101(19A), 101(51D), 109(e), 

303(b), 507(a), 522(d), 522(f)(3) and 522(f)(4), 

522(n), 522(p), 522(q), 523(a)(2)(C), 541(b), 

547(c)(9), 707(b), 1322(d), 1325(b), and 

1326(b)(3) and section 1409(b) of title 28. 

(c) Adjustments made in accordance with 

subsection (a) shall not apply with respect to 

cases commenced before the date of such 

adjustments. 

Revision of Certain Dollar Amounts in 

Bankruptcy Code 

Notice is hereby given that the dollar 

amounts are increased in the sections in 

title 11 and title 28, United States Code, 

as set out in the following chart. These 

increases do not apply to cases 

commenced before the effective date of 

the adjustments, i.e., April 1, 2010. 

Seven Official Bankruptcy Forms (1, 6C, 

6E, 7, 10, 22A and 22C) and two 

Director’s Forms (200 and 28.3) also will 

be amended to reflect these adjusted 

dollar amounts. 

Dated: February 19, 2010. 

Francis F. Szczebak, 

Chief, Bankruptcy Judges Division. 

Dollar amount to be adjusted New (adjusted) dollar amount 

28 U.S.C. 

1409(b)—a trustee may commence a proceeding arising in or related 

to a case to recover 

(1)—money judgment of or property worth less than ...................... $1,100 ............................................ $1,175

(2)—a consumer debt less than ...................................................... 16,425 ............................................ 17,575 

(2)—a non consumer debt against a non insider less than ............ 10,950 ............................................ 11,725 

11 U.S.C. 

101(3)—definition of assisted person ..................................................... 164,250 .......................................... 175,750 

101(18)(A) & (B)(ii)—definition of family farmer ..................................... 3,544,525 (each time it appears) .. 3,792,650 (each time it appears). 

101(19A)(A)(i) & (b)(ii)(II)—definition of family fisherman ...................... 1,642,500 (each time it appears) .. 1,757,475 (each time it appears). 

101(51D)(A) & (B)—definition of small business debtor ......................... 2,190,000 (each time it appears) .. 2,343,300 (each time it appears). 

109(e)—allowable debt limits for individual filing bankruptcy under 

chapter 13.

336,900 (each time it appears) ..... 360,475 (each time it appears). 

1,010,650 (each time it appears) .. 1,081,400 (each time it appears). 

303(b)—minimum aggregate claims needed for the commencement of 

involuntary chapter 7 or chapter 11 bankruptcy 

(1)—in paragraph (1) ....................................................................... 13,475 ............................................ 14,425 

(2)—in paragraph (2) ....................................................................... 13,475 ............................................ 14,425 

507(a)—priority expenses and claims 

(1)—in paragraph (4) ....................................................................... 10,950 ............................................ 11,725 

(2)—in paragraph (5) ....................................................................... 10,950 ............................................ 11,725 

(3)—in paragraph (6) ....................................................................... 5,400 .............................................. 5,775 

(4)—in paragraph (7) ....................................................................... 2,425 .............................................. 2,600 

522(d)—value of property exemptions allowed to the debtor 

(1)—in paragraph (1) ....................................................................... 20,200 ............................................ 21,625 

(2)—in paragraph (2) ....................................................................... 3,225 .............................................. 3,450 

(3)—in paragraph (3) ....................................................................... 525 ................................................. 550 

10,775 ............................................ 11,525 

(4)—in paragraph (4) ....................................................................... 1,350 .............................................. 1,450 

(5)—in paragraph (5) ....................................................................... 1,075 .............................................. 1,150 

10,125 ............................................ 10,825 

(6)—in paragraph (6) ....................................................................... 2,025 .............................................. 2,175 

(7)—in paragraph (8) ....................................................................... 10,775 ............................................ 11,525 

(8)—in paragraph (11)(D) ................................................................ 20,200 ............................................ 21,625 

522(f)(3)(B)—exception to lien avoidance under certain state laws ....... 5,475 .............................................. 5,850 

522(f)(4)(B)—items excluded from definition of household goods for 

lien avoidance purposes.

550 (each time it appears) ............ 600 (each time it appears). 

522(n)—maximum aggregate value of assets in individual retirement 

accounts exempted.

1,095,000 ....................................... 1,171,650 

522(p)(1)—qualified homestead exemption ............................................ 136,875 .......................................... 146,450 

522(q)(1)—state homestead exemption .................................................. 136,875 .......................................... 146,450 

523(a)(2)(C)—exceptions to discharge 

in subclause (i)(I)—consumer debts, incurred ≤90 days before filing owed to a single creditor in the aggregate.550 ................................................. 600 

in subclause (i)(II)—cash advances incurred ≤70 days before filing 

in the aggregate.

825 ................................................. 875 

541(b)—property of the estate exclusions 

(1)—in paragraph (5)(C)—education IRA funds in the aggregate .. 5,475 .............................................. 5,850 

(2)—in paragraph (6)(C)—pre-purchased tuition credits in the aggregate.5,475 .............................................. 5,850 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Notices 8749 

Dollar amount to be adjusted New (adjusted) dollar amount 

547(c)(9)—preferences, trustee may not avoid a transfer if, in a case 

filed by a debtor whose debts are not primarily consumer debts, the 

aggregate value of property is less than.

5,475 .............................................. 5,850 

707(b)—dismissal of a case or conversion to a case under chapter 11 

or 13 (means test) 

(1)—in paragraph (2)(A)(i)(I) ............................................................ 6,575 .............................................. 7,025 

(2)—in paragraph (2)(A)(i)(II) ........................................................... 10,950 ............................................ 11,725 

(3)—in paragraph (2)(A)(ii)(IV) ......................................................... 1,650 .............................................. 1,775 

(4)—in paragraph (2)(B)(iv)(I) .......................................................... 6,575 .............................................. 7,025 

(5)—in paragraph (2)(B)(iv)(II) ......................................................... 10,950 ............................................ 11,725 

(6)—in paragraph (5)(B) ................................................................... 1,100 .............................................. 1,175 

(7)—in paragraph 6(C) ..................................................................... 575 ................................................. 625 

(8)—in paragraph 7(A)(iii) ................................................................ 575 ................................................. 625 

1322(d)(1)(c) & (2)(c)—contents of chapter 13 plan, monthly income ... 575 (each time it appears) ............ 625 (each time it appears). 

1325(b)(3) & (b)(4)—chapter 13 confirmation of plan, disposable income.575 (each time it appears) ............ 625 (each time it appears). 

1326(b)(3)(B)—payments to former chapter 7 trustee ........................... 25 ................................................... 25 

[FR Doc. 2010–3807 Filed 2–24–10; 8:45 am] 

BILLING CODE 2210–55–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

Dwayne LaFrantz Wilson, M.D.; 

Revocation of Registration 

On October 22, 2008, the Deputy 

Assistant Administrator, Office of 

Diversion Control, Drug Enforcement 

Administration, issued an Order to 

Show Cause to Dwayne LaFrantz 

Wilson, M.D. (Respondent), of 

Providence, Rhode Island. The Show 

Cause Order proposed the revocation of 

Respondent’s DEA Certificate of 

Registration, BW6030857, which 

authorizes him to dispense controlled 

substances as a practitioner, and the 

denial of any pending applications to 

renew or modify his registration, on the 

ground that his Rhode Island medical 

license had been suspended, and that he 

therefore lacks authority to handle 

controlled substances under the laws of 

Rhode Island, the State in which he is 

registered. Show Cause Order at 1. 

On October 23, 2008, the Government 

initially attempted to serve the Show 

Cause Order on Respondent by certified 

mail, return receipt requested, 

addressed to him at his registered 

address. However, the mailing was 

returned by the Post Office, with a 

sticker attached which stated: ‘‘NOT 

DELIVERABLE AS ADDRESSED, 

UNABLE TO FORWARD.’’ 

Thereafter, a DEA Investigator (DI) 

contacted the Rhode Island Board of 

Medicine in an attempt to obtain 

Respondent’s address. Declaration of 

Thomas Cook at 1. A board official 

indicated that he did not know 

Respondent’s current address, but had 

heard that he had moved to somewhere 

in the Southwestern United States. Id. 

The DI also unsuccessfully searched for 

Respondent through various online 

databases but could not find any 

information regarding the latter’s 

whereabouts. Id. The DI also tried to 

contact him through the e-mail address 

he had previously provided to DEA; 

Respondent did not, however, reply to 

the e-mail. Id. Finally, the DI contacted 

the owner of the apartment which 

Respondent had rented and used as his 

registered location. Id. at 2. 

Respondent’s ex-landlord advised that 

Respondent had moved in April 2008 

and did not leave a forwarding address. 

Id. Accordingly, the Government has 

been unable to provide actual notice of 

this proceeding to Respondent. 

In Mullane v. Central Hanover Bank 

& Trust Co., 339 U.S. 306, 315 (1950), 

the Supreme Court held that ‘‘when 

notice is a person’s due * * * [t]he 

means employed must be such as one 

desirous of actually informing the 

absentee might reasonably adopt to 

accomplish it.’’ More recently, in a case 

in which a State attempted to serve a 

property owner with notice of a tax sale 

by certified mail which was returned as 

unclaimed, the Court explained that 

‘‘when a letter is returned by the post 

office, the sender will ordinarily attempt 

to resend it, if it is practicable to do so.’’ 

Jones v. Flowers, 547 U.S. 220, 230 

(2006) (citing Small v. United States, 

136 F.3d 1334, 1337 (DC Cir. 1998)). 

In Jones, the Court reaffirmed, 

however, that ‘‘[d]ue process does not 

require that a property owner receive 

actual notice before the government may 

take his property.’’ 547 U.S. at 226 

(citing Dusenbery v. United States, 534 

U.S. 161, 170 (2002)). Moreover, due 

process does not require ‘‘heroic efforts,’’ 

Dusenbery, 534 U.S. at 170, but rather, 

only that ‘‘the government * * * 

provide ‘notice reasonably calculated, 

under all the circumstances, to apprise 

interested parties of the pendency of the 

action and afford them an opportunity 

to present their objections.’ ’’ 547 U.S. at 

226 (quoting Mullane, 339 U.S. at 314). 

Applying these standards, I hold that 

the Government has satisfied the 

requirements of due process, 

notwithstanding that it has been unable 

to serve Respondent. In contrast to 

Jones, the Government was not required 

to resend the Show Cause Order by 

regular mail because the original 

certified mailing was not returned as 

unclaimed, but rather as undeliverable 

(apparently because Respondent did not 

leave a forwarding address with the Post 

Office). As the Court reasoned in Jones, 

‘‘if there were no reasonable additional 

steps the government could have taken 

upon return of the unclaimed notice 

letter, it cannot be faulted for doing 

nothing.’’ 547 U.S. at 234. Moreover, the 

Government made substantial efforts to 

locate Respondent. Even though its 

efforts were unsuccessful, they were 

‘‘reasonably calculated, under all the 

circumstances, to apprise [Respondent] 

of the pendency of the action,’’ and thus 

satisfy due process. Dusenbery, 534 U.S. 

at 173 (quoting Mullane, 339 U.S. at 

314). 

I further hold that this matter may 

proceed in absentia. I therefore enter 

this Decision and Final Order without a 

hearing based on the evidence 

contained in the record submitted by 

the Government. I make the following 

findings. 

Findings 

Respondent is the holder of DEA 

Certificate or Registration, BW6030857, 

which authorizes him to dispense 

controlled substances in schedules II 

through V as a practitioner. 

Respondent’s registered location is 388 

South Main St., #56, Providence, Rhode 

Island; his registration does not expire 

until May 31, 2010. 


jlentini on DSKJ8SOYB1PROD with NOTICES