74520 Federal Register / Vol. 88, No. 209 / Tuesday, October 31, 2023 / Notices 

15 21 CFR 1303.13(c) and 1315.13(c). 

1The Government’s RFAA is dated June 30, 2022. 

RFAA, at 6. 

2Based on the Declaration from a DEA Diversion 

Investigator, the Agency finds that the 

Government’s service of the OSC on Registrant was 

adequate. RFAAX F, at 1; see also RFAAX A (Form 

DEA–12 signed by Registrant). Further, based on the 

Government’s assertions in its RFAA, the Agency 

finds that more than thirty days have passed since 

Registrant was served with the OSC and Registrant 

has neither requested a hearing nor submitted a 

corrective action plan and therefore has waived any 

such rights. RFAA, at 2; see also 21 CFR 1301.43 

and 21 U.S.C. 824(c)(2). 

3Under 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 Office of the 

Administrator, Drug Enforcement Administration at 

dea.addo.attorneys@dea.gov. 

4The New York State Education Department 

Office of the Professions lists the status of 

Registrant’s New York medical license as ‘‘summary 

suspension’’, but notes that because the office does 

not discipline physicians, the status listed might be 

impacted by New York State Department of Health 

action and accordingly provides a link to the New 

York State Department of Health Office of 

Professional Medical Conduct Physician Search. 

New York State Education Department Office of the 

Professions, Verification Search, https://

www.op.nysed.gov/verification-search. 

Basic class 

Established 

2023 quotas 

(g) 

Proposed revised 

2023 quotas 

(g) 

Piminodine ................................................................................................................................................... 25 no change. 

Racemethorphan ......................................................................................................................................... 5 no change. 

Racemorphan .............................................................................................................................................. 5 no change. 

Remifentanil ................................................................................................................................................. 3,000 no change. 

Secobarbital ................................................................................................................................................. 172,100 no change. 

Sufentanil ..................................................................................................................................................... 4,000 no change. 

Tapentadol ................................................................................................................................................... 11,941,416 no change. 

Thebaine ...................................................................................................................................................... 57,137,944 no change. 

List I Chemicals 

Ephedrine (for conversion) .......................................................................................................................... 41,100 no change. 

Ephedrine (for sale) ..................................................................................................................................... 4,136,000 no change. 

Phenylpropanolamine (for conversion) ........................................................................................................ 14,878,320 no change. 

Phenylpropanolamine (for sale) ................................................................................................................... 7,990,000 no change. 

Pseudoephedrine (for conversion) .............................................................................................................. 1,000 no change. 

Pseudoephedrine (for sale) ......................................................................................................................... 174,246,000 no change. 

The Administrator further proposes 

that APQ for all other schedule I and II 

controlled substances included in 21 

CFR 1308.11 and 1308.12 remain at 

zero. In accordance with 21 CFR 

1303.13 and 21 CFR 1315.13, upon 

consideration of the relevant factors, the 

Administrator may adjust the 2023 APQ 

and AAN as needed. 

Conclusion 

After consideration of any comments 

or objections, or after a hearing, if one 

is held, the Administrator will issue and 

publish in the Federal Register a final 

order establishing any adjustment of the 

2023 APQ for each basic class of 

controlled substances in schedules I and 

II and AAN for the list I chemicals 

ephedrine, pseudoephedrine, and 

phenylpropanolamine.15

Signing Authority 

This document of the Drug 

Enforcement Administration was signed 

on October 25, 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. 

Scott Brinks, 

Federal Register Liaison Officer, Drug 

Enforcement Administration. 

[FR Doc. 2023–23931 Filed 10–30–23; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

Dmitry Anatolevich Shelchkov, M.D.; 

Decision and Order 

On July 21, 2021, the Drug 

Enforcement Administration 

(hereinafter, DEA or Government) 

issued an Order to Show Cause 

(hereinafter, OSC) to Dmitry 

Anatolevich Shelchkov, M.D. 

(hereinafter, Registrant). Request for 

Final Agency Action (hereinafter, 

RFAA), Appendix (hereinafter, RFAAX) 

H, at 1, 4. The OSC proposed the 

revocation of Registrant’s Certificate of 

Registration No. BS8311502 at the 

registered address of 1396 Myrtle 

Avenue, Brooklyn, New York 11237. Id. 

at 1. The OSC alleged that Registrant’s 

registration should be revoked because 

Registrant is ‘‘without authority to 

handle controlled substances in New 

York, the state in which [he is] 

registered with DEA.’’ Id. at 2 (citing 21 

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

The Agency makes the following 

findings of fact based on the 

uncontroverted evidence submitted by 

the Government in its RFAA,1 which 

was fully received on July 12, 2023.2

Findings of Fact 

On March 2, 2021, the New York State 

Commissioner of Health ordered that 

‘‘effective immediately, [Registrant] 

shall not practice medicine in the State 

of New York.’’ RFAAX B, at 1, 3. On 

October 29, 2021, the New York State 

Board for Professional Medical Conduct 

issued a Determination and Order 

revoking Registrant’s New York medical 

license. RFAAX C, at 3–4, 27. According 

to New York’s online records, of which 

the Agency takes official notice, 

Registrant’s New York medical license 

is revoked.3 New York State Department 

of Health Office of Professional Medical 

Conduct Physician Search, https://

apps.health.ny.gov/pubdoh/ 

professionals/doctors/conduct/factions/ 

Home.action (last visited date of 

signature of this Order).4 Accordingly, 


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Federal Register / Vol. 88, No. 209 / Tuesday, October 31, 2023 / Notices 74521 

5This 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(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, 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 27,617. 

1On June 1, 2023, a DEA Diversion Investigator 

(DI) emailed Registrant at his personal email 

address, attaching a copy of the OSC with a delivery 

and read receipt request. RFAAX 2, at 2. DI received 

notification that the email was delivered 

successfully. Id. Registrant responded on the same 

day by email but did not request a hearing. RFAAX 

2, Attachment E. Based on the information in the 

record, the Agency finds that the Government’s 

service of the OSC on Registrant was adequate. 

RFAA, at 2 (citing Emilio Luna, M.D., 77 FR 4829, 

4830 (2012) (finding service via email can satisfy 

due process)). 

the Agency finds that Registrant is not 

licensed to engage in the practice of 

medicine in New York, 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 section 823 of the Controlled 

Substances Act (hereinafter, 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, 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 F. App’x 826 (4th Cir. 

2012); Frederick Marsh Blanton, M.D., 

43 FR 27616, 27617 (1978).5

According to the New York 

Controlled Substances Act (hereinafter, 

the Act), ‘‘[i]t shall be unlawful for any 

person to manufacture, sell, prescribe, 

distribute, dispense, administer, 

possess, have under his control, 

abandon, or transport a controlled 

substance except as expressly allowed 

by this article.’’ N.Y. Pub. Health Law 

section 3304 (McKinney 2023). Further, 

the Act defines a ‘‘practitioner’’ as ‘‘[a] 

physician . . . or other person licensed, 

or otherwise permitted to dispense, 

administer or conduct research with 

respect to a controlled substance in the 

course of a licensed professional 

practice. . . .’’ Id. at section 3302(27). 

Finally, New York regulations state that 

‘‘[a] prescription for a controlled 

substance may be issued only by a 

practitioner who is . . . authorized to 

prescribe controlled substances 

pursuant to his licensed professional 

practice. . . .’’ N.Y. Comp. Codes R. & 

Regs. tit. 10, section 80.64(a)(1) (2023). 

Here, the undisputed evidence in the 

record is that Registrant lacks authority 

to practice medicine in New York. As 

discussed above, a physician must be a 

licensed practitioner to dispense a 

controlled substance in New York. 

Thus, because Registrant lacks authority 

to practice medicine in New York and, 

therefore, is not authorized to handle 

controlled substances in New York, 

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. BS8311502 issued to 

Dmitry Anatolevich Shelchkov, M.D. 

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 Dmitry 

Anatolevich Shelchkov, M.D., to renew 

or modify this registration, as well as 

any other pending application of Dmitry 

Anatolevich Shelchkov, M.D., for 

additional registration in New York. 

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. 2023–23950 Filed 10–30–23; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

Siamak Arassi, M.D.; Decision and 

Order 

On May 24, 2023, the Drug 

Enforcement Administration (DEA or 

Government) issued an Order to Show 

Cause (OSC) to Siamak Arassi, M.D. 

(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. BA8851809 at the registered address 

of 19115 W Capitol Dr., Suite 117, 

Brookfield, Wisconsin 53045. Id. at 1. 

The OSC alleged that Registrant’s 

registration should be revoked because 

Registrant is ‘‘currently without 

authority to handle controlled 

substances in the State of Wisconsin,’’ 

the state in which he is registered with 

DEA. Id. at 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 

be in default. OSC, at 2 (citing 21 CFR 

1301.43). Here, Registrant did not 

request a hearing. RFAA, at 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 February 15, 

2023, the State of Wisconsin Medical 


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