6056 Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Notices 

Rules of Practice and Procedure (19 CFR 

210.42). 

Issued: January 29, 2009. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–2293 Filed 2–3–09; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Supplemental Notice of Lodging of 

Consent Decree Under the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) 

On January 15, 2009, the Department 

of Justice published notice of lodging of 

a proposed Consent Decree on January 

9, 2009, with the United States District 

Court for the District of Kansas in 

United States v. Citibank Global Market 

Holdings, Inc., Civil Action No. 09–CV– 

4002–SAC, under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(‘‘CERCLA’’), 42 U.S.C. 9601–9675. See 

74 FR 2617 (Jan. 15, 2009). 

The Department of Justice hereby 

supplements its Notice to indicate that 

Citibank Global Market Holdings, Inc., 

is now known as Citigroup Global 

Market Holdings, Inc. Accordingly, the 

settlement parties are the United States, 

Citigroup Global Market Holdings, Inc., 

and the U.S. Steel Corporation. This 

opportunity to comment on the 

proposed consent decree is extended for 

30 days from the date of publication of 

this Supplemental Notice. 

Robert E. Maher, Jr., 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. E9–2272 Filed 2–3–09; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

Ladapo O. Shyngle, M.D.; Denial of 

Application 

On April 15, 2008, the Deputy 

Assistant Administrator, Office of 

Diversion Control, Drug Enforcement 

Administration, issued an Order to 

Show Cause to Ladapo O. Shyngle, M.D. 

(Respondent), of Tampa, Florida. The 

Show Cause Order proposed the denial 

of Respondent’s pending application for 

a DEA Certificate of Registration as a 

practitioner, on the ground that his 

registration ‘‘would be inconsistent with 

the public interest.’’ Show Cause Order 

at 1. 

More specifically, the Show Cause 

Order alleged that Respondent had 

issued controlled-substance 

prescriptions to customers of an internet 

site who were located throughout the 

United States based on a questionnaire 

and/or telephone consultation, and that 

these prescriptions lacked ‘‘a legitimate 

medical purpose’’ and were issued 

‘‘outside the usual course of 

professional practice, in violation of 21 

CFR 1306.04(a) and 21 U.S.C. 

841(a)(1).’’ Id. The Order further alleged 

that notwithstanding that his Florida 

medical license had expired on August 

24, 2002, Respondent continued to issue 

prescriptions for controlled substances. 

Id. Relatedly, the Order alleged that 

Respondent had violated other state 

laws prohibiting the unauthorized 

practice of medicine by issuing 

prescriptions for controlled substances 

to residents of States where he was not 

licensed to practice. Id. at 1–2. 

On or about April 19, 2008, the Show 

Cause Order was served on Respondent 

by delivery to his residence. On May 14, 

2008, Respondent requested a hearing 

on the allegations and the matter was 

placed on the docket of the Agency’s 

Administrative Law Judges (ALJ). 

On the same date, Respondent also 

sought to withdraw his application, 

explaining that the State of Florida had 

criminally charged him with engaging 

in the unlicensed practice of medicine, 

that he intended ‘‘to vigorously defend’’ 

against this charge, and that in light of 

the pending proceeding, it was 

premature for the Agency to consider 

his application. On May 29, 2008, the 

Deputy Assistant Administrator denied 

Respondent’s request, reasoning that 

‘‘the facts supporting the Order to Show 

Cause will not be affected by the 

outcome of the state prosecution’’ and 

that Respondent ‘‘intend[ed] to continue 

professional medical practice and * * * 

reapply for a * * * [r]egistration at the 

conclusion of the state criminal case.’’ 

Letter from Joseph T. Rannazzisi to 

Respondent’s Counsel (May 29, 2008). 

Thereafter, on July 9, 2008, 

Respondent withdrew his request for a 

hearing. The next day, the ALJ issued an 

order terminating the proceeding. 

Based on Respondent’s letter 

withdrawing his request for a hearing, I 

conclude that Respondent has waived 

his right to a hearing. I therefore enter 

this Final Order without a hearing based 

on relevant material contained in the 

investigate file, see 21 CFR 1301.43, and 

make the following findings. 

Findings 

On October 3, 2005, Respondent 

applied for a DEA Certificate of 

Registration as a practitioner which 

would authorize him to dispense 

controlled substances in schedules II 

through V, at the proposed location of 

1493 Tampa Park Plaza, Tampa, Florida. 

Respondent previously held a 

practitioner’s registration which was 

issued on December 11, 2000, and 

which expired on February 29, 2004. 

On August 24, 2000, the Florida 

Department of Health issued a ‘‘medical 

doctor restricted’’ license to 

Respondent. The license expired, 

however, on August 24, 2002. 

Respondent did not obtain another 

medical license until September 16, 

2005, when the Florida Department of 

Health issued him a ‘‘medical doctor’’ 

license. This license remains in effect 

until January 31, 2010. I further find 

that Respondent was not licensed in any 

other State when he committed the acts 

at issue here. 

In 2002, Respondent was hired by 

Kenneth Shobola, the owner of a 

Tampa, Florida medical clinic (the 

Kenaday Medical Clinic), to perform 

consultations on persons who were 

seeking prescriptions for controlled 

substances through Shobola’s Web sites. 

While Respondent saw some walk-in 

patients at the clinic, in an interview 

with DEA Investigators, he admitted 

that he saw only about five percent of 

the persons he prescribed to, and that 

his contact with most of the patients 

was limited to a telephone consultation 

which lasted five to ten minutes. 

Based on the consultations, 

Respondent would then typically issue 

a prescription for a schedule III 

controlled substance containing 

hydrocodone; Respondent also issued 

prescriptions for diazepam (Valium), a 

schedule IV controlled substance, 21 

CFR 1308.14(c), and some noncontrolled drugs. While the 

prescriptions were initially filled at F & 

B Pharmacy (another Tampa-based 

pharmacy which was operated by Olu 

Oyekoya), F & B eventually pulled out 

of the arrangement and all of the 

prescriptions were then filled by Ken 

Drugs, a pharmacy owned by Shobola. 

Respondent would perform up to 

twenty consultations a day for Shobola’s 

clinic. According to computer records 

obtained by Investigators, Respondent 

issued over 3800 prescriptions which 

were filled by Shobola’s pharmacy. 

Approximately seventy-five percent of 

the prescriptions were for hydrocodone, 

and between the original prescriptions 

and refills, Respondent authorized the 

dispensing of more than 500,000 dosage