8038 Federal Register / Vol. 62, No. 35 / Friday, February 21, 1997 / Notices

public hearing should submit a written

request to the above address no later

than Friday, March 14, 1997. Since it is

expected that only a limited number of

requests can be granted, the request

should set forth reasons why an oral

presentation in addition to written

comments would be helpful to

consideration of these issues. The

request should identify the persons who

wish to testify, the subjects to be

addressed, the estimated amount of time

desired (the maximum is 15 minutes),

and the organization represented, phone

number, and fax number. If possible,

advance copies of testimony should be

submitted.

Any questions about this notice may

be directed to Joan Countryman at (202)

273–1543.

Dated: February 12, 1997.

Leonidas Ralph Mecham,

Director, Administrative Office of the U.S.

Courts.

[FR Doc. 97–4230 Filed 2–20–97; 8:45 am]

BILLING CODE 2210–01–P

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree

Pursuant to the Comprehensive

Environmental Response,

Compensation, and Liability Act

(‘‘CERCLA’’)

Consistent with the policy set forth in

Section 122(d)(2)(B) of the

Comprehensive Environmental

Response, Compensation and Liability

Act of 1980 as amended (‘‘CERCLA’’),

42 U.S.C. 9622(d)(2)(B), and the

Department of Justice regulations at 28

CFR 50.7, notice is hereby given that on

January 21, 1997, a proposed Consent

Decree was lodged with the United

States District Court for the Southern

District of Indiana in United States v.

Jonathan W. Bankert, Jr., et al., Cause

No. IP–91–1181C–M/S. This Consent

Decree settles claims asserted by the

United States pursuant to Section 107 of

CERCLA, 42 U.S.C. 9607, for partial

reimbursement of response costs

incurred by the U.S. Environmental

Protection Agency in connection with

response actions at the Northside

Sanitary Landfill Site in Zionsville,

Indiana.

The Department of Justice will receive

written comments relating to the

proposed Consent Decree for thirty (30)

days from the date of publication of this

notice. Comments should be directed to

the Assistant Attorney General,

Environment and Natural Resources

Division, U.S. Department of Justice,

Washington, D.C. 20530, and should

refer to United States v. Jonathan W.

Bankert, Jr., et al., DOJ Reference # 90–

11–2–48H.

The proposed Consent Decree may be

examined at the Office of the United

States Attorney for the Southern District

of Indiana, U.S. Courthouse, 5th Floor,

46 East Ohio Street, Indianapolis,

Indiana 46204, at the Region V offices

of the Environmental Protection

Agency, 77 West Jackson Boulevard,

Chicago, Illinois 60604–3590, and at the

Consent Decree Library, 1120 G Street,

NW., 4th Floor, Washington, D.C.

20005, (202) 624–0892. A copy of the

proposed Consent Decree may be

obtained in person or by mail from the

Consent Decree Library. In requesting a

copy, please enclose a check in the

amount of $2.75, (25 cents per page

reproduction cost) payable to the

Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section,

Environment and Natural Resources Division.

[FR Doc. 97–4278 Filed 2–20–97; 8:45 am]

BILLING CODE 4410–15–M

Drug Enforcement Administration

[Docket No. 95–29]

Roger D. McAlpin, D.M.D., Grant of

Restricted Registration

On March 7, 1995, the Deputy

Assistant Administrator, Office of

Diversion Control, Drug Enforcement

Administration (DEA) issued an Order

to Show Cause to Roger McAlpin,

D.M.D. (Respondent) of Louisville,

Kentucky, notifying him of an

opportunity to show cause as to why

DEA should not deny his application for

registration as a practitioner under 21

U.S.C. 823(f), for reason that such

registration would be inconsistent with

the public interest.

By letter dated March 29, 1995, the

Respondent, acting pro se, timely filed

a request for a hearing, and following

prehearing procedures, a hearing was

held in Louisville, Kentucky on

February 21, 1996, before

Administrative Law Judge Mary Ellen

Bittner. At the hearing, both parties

called witnesses to testify and the

Government introduced documentary

evidence. After the hearing, the

Government submitted proposed

findings of fact, conclusions of law and

argument. On July 3, 1996, Judge Bittner

issued her Opinion and Recommended

Ruling. Findings of Fact, Conclusions of

Law and Decision, recommending that

Respondent’s application for a DEA

Certificate of Registration should be

granted in Schedules III non-narcotic, IV

and V subject to various restrictions. On

July 22, 1996, the Government filed

exceptions to the Recommended Ruling

of the Administrative Law Judge, and on

August 6, 1996, Judge Bittner

transmitted the record of these

proceedings, including the

Government’s exceptions to the Deputy

Administrator.

The Acting Deputy Administrator has

considered the record in it entirety, and

pursuant to 21 CFR 1316.67, hereby

issues his final order based upon

findings of fact and conclusions of law

as hereinafter set forth. The Acting

Deputy Administrator adopts, except as

specifically noted below, the Opinion

and Recommended Ruling, Findings of

Fact, Conclusions of Law and Decision

of the Administrative Law Judge. The

Acting Deputy Administrator’s adoption

is in no manner diminished by any

recitation of facts, issues and

conclusions herein, or of any failure to

mention a matter of fact or law.

The Acting Deputy Administrator

finds that Respondent received his

D.M.D. degree from the University of

Kentucky in 1979. Following

graduation, Respondent worked for a

non-profit dental clinic in California for

approximately two years. Over the

ensuing years, Respondent practiced

dentistry at various times in Kentucky,

Illinois and Tennessee.

According to Respondent, he began

using cocaine recreationally while in

dental school. He testified that he quit

using cocaine after graduation, but then

resumed using cocaine and other

controlled substances in 1981.

Respondent quit abusing drugs again

after approximately two years and then

recommenced his abuse in the late

1980’s. According to Respondent, in

April 1988 he entered into a 30-day inpatient rehabilitation treatment facility.

Following his discharge from the

facility, he continued to attend

Narcotics Anonymous and Alcoholics

Anonymous meetings three to four

nights a week. Subsequently,

Respondent concluded that he was

cured of his addiction, stopped

attending support meetings, and broke

off all contact with his sponsor.

In 1989, Respondent was working for

a dental clinic in Tennessee which was

owned by an individual who was not a

dentist. In November 1989, the

Tennessee Department of Health and

Environment, Health Related Boards

initiated an investigation of Respondent

after receiving a complaint from a local

pharmacist that Respondent was

possibly overprescribing and

distributing controlled substances. A

review of Respondent’s prescriptions

revealed that several of Respondent’s

patients had received Schedule II