Federal Register / Vol. 88, No. 209 / Tuesday, October 31, 2023 / Notices 74525 

1Based on the Government’s submissions in its 

RFAA dated August 2, 2023, the Agency finds that 

service of the OSC on Registrant was adequate. 

Specifically, the included Declaration of a DEA 

Diversion Investigator asserts that on March 30, 

2023, Registrant was served with the OSC at his 

registered address via certified mail. RFAAX 2, at 

1. 

2Under 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 the Agency’s finding by 

filing a properly supported motion for 

reconsideration of findings of fact within fifteen 

calendar days of the date of this Order. Any such 

motion and response shall be filed and served by 

email to the other party and to DEA Office of the 

Administrator, Drug Enforcement Administration at 

dea.addo.attorneys@dea.gov. 

3This rule derives from the text of two provisions 

of the Controlled Substances Act (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(g)(1) (this section, 

formerly section 823(f), was redesignated as part of 

the Medical Marijuana and Cannabidiol Research 

Expansion Act, Public Law 117–215, 136 Stat. 2257 

(2022)). Because Congress has clearly mandated that 

a practitioner possess state authority in order to be 

deemed a practitioner under the CSA, 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, D.O., 71 FR 39130, 

39131 (2006); Dominick A. Ricci, D.O., 58 FR 51104, 

51105 (1993); Bobby Watts, D.O., 53 FR 11919, 

11920 (1988); Frederick Marsh Blanton, 43 FR at 

27617. 

the Agency will order that Applicant’s 

application for a DEA registration be 

denied. 

Order 

Pursuant to 28 CFR 0.100(b) and the 

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

823(g)(1), I hereby deny the pending 

application for a Certificate of 

Registration, Control Number 

W19137777C, submitted by Fares F. 

Yasin, M.D., as well as any other 

pending application of Fares F. Yasin, 

M.D., for additional registration in 

Puerto Rico. This Order is effective 

November 30, 2023. 

Signing Authority 

This document of the Drug 

Enforcement Administration was signed 

on October 20, 2023, by Administrator 

Anne Milgram. That document with the 

original signature and date is 

maintained by DEA. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DEA Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

DEA. This administrative process in no 

way alters the legal effect of this 

document upon publication in the 

Federal Register. 

Heather Achbach, 

Federal Register Liaison Officer, Drug 

Enforcement Administration. 

[FR Doc. 2023–23957 Filed 10–30–23; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

Stephen E. Van Noy, P.A.; Decision 

and Order 

On March 24, 2023, the Drug 

Enforcement Administration (DEA or 

Government) issued an Order to Show 

Cause (OSC) to Stephen E. Van Noy, 

P.A. (Registrant). Request for Final 

Agency Action (RFAA), Exhibit 

(RFAAX) 1, at 1, 3. The OSC proposed 

the revocation of Registrant’s Certificate 

of Registration No. MV2612681 at the 

registered address of 2101 Box Butte 

Avenue, Alliance, Nebraska 69301. Id. 

at 1. The OSC alleged that Registrant’s 

registration should be revoked because 

Registrant is ‘‘currently without 

authority to prescribe, administer, 

dispense, or otherwise handle 

controlled substances in the state of 

Nebraska, the state in which [he is] 

registered with DEA.’’ Id. at 1–2 (citing 

21 U.S.C. 824(a)(3)). 

The OSC notified Registrant of his 

right to file with DEA a written request 

for hearing, and that if he failed to file 

such a request, he would be deemed to 

have waived his right to a hearing and 

be in default. Id. at 2 (citing 21 CFR 

1301.43). Here, Registrant did not 

request a hearing. RFAA, at 1, 2.1 ‘‘A 

default, unless excused, shall be 

deemed to constitute a waiver of the 

registrant’s/applicant’s right to a hearing 

and an admission of the factual 

allegations of the [OSC].’’ 21 CFR 

1301.43(e). 

Further, ‘‘[i]n the event that a 

registrant . . . is deemed to be in 

default . . . DEA may then file a request 

for final agency action with the 

Administrator, along with a record to 

support its request. In such 

circumstances, the Administrator may 

enter a default final order pursuant to 

[21 CFR] § 1316.67.’’ Id. § 1301.43(f)(1). 

Here, the Government has requested 

final agency action based on Registrant’s 

default pursuant to 21 CFR 1301.43(c), 

(f). See also id. § 1316.67. 

Findings of Fact 

The Agency finds that, in light of 

Registrant’s default, the factual 

allegations in the OSC are admitted. 

According to the OSC, on October 1, 

2022, the Nebraska Department of 

Health and Human Services revoked 

Registrant’s Nebraska physician 

assistant license. RFAAX 1, at 1. 

According to Nebraska’s online 

records, of which the Agency takes 

official notice, Registrant’s Nebraska 

physician assistant license remains 

revoked.2 Nebraska Department of 

Health and Human Services License 

Information System Search, https://

www.nebraska.gov/LISSearch/search.cgi 

(last visited date of signature of this 

Order). Accordingly, the Agency finds 

that Registrant is not licensed to 

practice as a physician assistant in 

Nebraska, the state in which he is 

registered with DEA. 

Discussion 

Pursuant to 21 U.S.C. 824(a)(3), the 

Attorney General is authorized to 

suspend or revoke a registration issued 

under 21 U.S.C. 823 ‘‘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, 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, D.O., 76 FR 71371 

(2011), pet. for rev. denied, 481 F. App’x 

826 (4th Cir. 2012); Frederick Marsh 

Blanton, D.O., 43 FR 27616, 27617 

(1978).3

According to Nebraska statute, 

‘‘[d]ispense means to deliver a 

controlled substance to an ultimate user 

or a research subject pursuant to a 

medical order issued by a practitioner 

authorized to prescribe, including the 

packaging, labeling, or compounding 

necessary to prepare the controlled 

substance for such delivery.’’ Neb. Rev. 

Stat. section 28–401(8) (2023). Further, 

a ‘‘[p]ractitioner means a physician, a 

physician assistant . . . or any other 

person licensed, registered, or otherwise 


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74526 Federal Register / Vol. 88, No. 209 / Tuesday, October 31, 2023 / Notices 

permitted to distribute, dispense, 

prescribe, conduct research with respect 

to, or administer a controlled substance 

in the course of practice or research in 

this state.’’ Id. Section 28–401(21). 

Here, the undisputed evidence in the 

record is that Registrant lacks authority 

to practice as a physician assistant in 

Nebraska. As discussed above, a 

physician assistant must be a licensed 

practitioner to dispense a controlled 

substance in Nebraska. Thus, because 

Registrant lacks authority to practice as 

a physician assistant in Nebraska and, 

therefore, is not authorized to handle 

controlled substances in Nebraska, 

Registrant is not eligible to maintain a 

DEA registration. Accordingly, the 

Agency 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. MV2612681 issued 

to Stephen E. Van Noy, P.A. Further, 

pursuant to 28 CFR 0.100(b) and the 

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

823(g)(1), I hereby deny any pending 

applications of Stephen E. Van Noy, 

P.A., to renew or modify this 

registration, as well as any other 

pending application of Stephen E. Van 

Noy, P.A., for additional registration in 

Nebraska. This Order is effective 

November 30, 2023. 

Signing Authority 

This document of the Drug 

Enforcement Administration was signed 

on October 20, 2023, by Administrator 

Anne Milgram. That document with the 

original signature and date is 

maintained by DEA. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DEA Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

DEA. This administrative process in no 

way alters the legal effect of this 

document upon publication in the 

Federal Register. 

Heather Achbach, 

Federal Register Liaison Officer, Drug 

Enforcement Administration. 

[FR Doc. 2023–23955 Filed 10–30–23; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

Federal Bureau of Investigation 

Meeting of the Criminal Justice 

Information Services Advisory Policy 

Board 

AGENCY: Federal Bureau of 

Investigation, Department of Justice. 

ACTION: Meeting notice. 

SUMMARY: The purpose of this notice is 

to announce a meeting of the Federal 

Bureau of Investigation’s (FBI) Criminal 

Justice Information Services (CJIS) 

Advisory Policy Board (APB). The CJIS 

APB is a Federal advisory committee 

established pursuant to the Federal 

Advisory Committee Act (FACA). This 

meeting announcement is being 

published as required by section 10 of 

the FACA. 

DATES: The APB will meet in open 

session from 8:30 a.m. until 6 p.m. on 

November 30, 2023. 

ADDRESSES: The meeting will take place 

at the Marriott Savannah Riverfront 

Hotel, 100 General McIntosh Boulevard, 

Savannah, GA 31401; telephone: 912– 

233–7722. The CJIS Division is offering 

a blended participation option that 

allows for individuals to participate in 

person or via a telephone bridge line. 

The public will be permitted to provide 

comments and/or questions related to 

matters of the APB prior to the meeting. 

Please see details in the supplemental 

information. 

FOR FURTHER INFORMATION CONTACT: 

Inquiries may be addressed to Ms. 

Melissa Abel, Management and Program 

Analyst, Advisory Process Management 

Office, Law Engagement and Data 

Sharing Section; 1000 Custer Hollow 

Road, Clarksburg, West Virginia 26306; 

email: agmu@leo.gov; telephone: 304– 

625–5670. 

SUPPLEMENTARY INFORMATION: The FBI 

CJIS APB is responsible for reviewing 

policy issues and appropriate technical 

and operational issues related to the 

programs administered by the FBI’s CJIS 

Division, and thereafter, making 

appropriate recommendations to the FBI 

Director. The programs administered by 

the CJIS Division are the Law 

Enforcement Enterprise Portal, National 

Crime Information Center, Next 

Generation Identification, National 

Instant Criminal Background Check 

System, National Data Exchange 

System, and Uniform Crime Reporting. 

The meeting will be conducted with 

a blended participation option. The 

public may participate in-person or 

virtually via a telephone bridge. 

Registrants attending virtually will be 

provided with a phone bridge number to 

participate. 

Registrations will be taken via email 

to agmu@leo.gov. Information regarding 

the phone access will be provided prior 

to the meeting to all registered 

individuals. Interested persons whose 

registrations have been accepted may be 

permitted to participate in the 

discussions at the discretion of the 

meeting chairman and with approval of 

the Designated Federal Officer (DFO). 

The Federal Government is currently 

operating on a continuing resolution 

that expires at 11:59 p.m. on November 

17, 2023. Should any lapse in its annual 

appropriations continue through 

November 21, 2023, the APB will be 

unable to conduct its business in 

person. If this occurs, a virtual meeting 

with a limited agenda will be conducted 

during the same date and time as 

appropriate. All individuals registered 

by the deadline to attend the meeting 

will be provided the virtual meeting 

invitation. 

Any member of the public may file a 

written statement with the APB. Written 

comments shall be focused on the APB’s 

issues under discussion and may not be 

repetitive of previously submitted 

written statements. Written comments 

should be provided to Mr. Nicky J. 

Megna, DFO, at least seven (7) days in 

advance of the meeting so the comments 

may be made available to the APB 

members for their consideration prior to 

the meeting. 

Individuals requiring special 

accommodations should contact Mr. 

Megna by no later than November 15, 

2023. Personal registration information 

will be made publicly available through 

the minutes for the meeting published 

on the FACA website. 

Nicky J. Megna, 

CJIS Designated Federal Officer, Criminal 

Justice Information Services Division, Federal 

Bureau of Investigation. 

[FR Doc. 2023–23965 Filed 10–30–23; 8:45 am] 

BILLING CODE 4410–02–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2023–0183] 

Monthly Notice; Applications and 

Amendments to Facility Operating 

Licenses and Combined Licenses 

Involving No Significant Hazards 

Considerations 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Monthly notice. 


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