Federal Register / Vol. 88, No. 240 / Friday, December 15, 2023 / Notices 86945 

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 the 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. 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). 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 27617. 

4Although additional specified categories of 

persons are permitted to write or issue 

prescriptions, none of those practitioner categories 

are applicable to Registrant. 

Department of Consumer Affairs, 

License Search, https://search.dca.

ca.gov/ (last visited date of signature of 

this Order). Therefore, the Agency finds 

that Registrant is not currently 

authorized to dispense or handle 

controlled substances in California, 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, 

71372 (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 California statute and 

relevant to Registrant’s COR, ‘‘[n]o 

person other than a physician . . . shall 

write or issue a prescription.’’ 4 Cal. 

Health & Safety Code 11150. Further, 

‘‘physician,’’ as defined by California 

statute, is a person who is ‘‘licensed to 

practice’’ in California. Id. 11024. 

Here, the evidence in the record is 

that Registrant currently lacks authority 

to handle controlled substances in 

California because his California 

physician and surgeon license has been 

surrendered. As already discussed, a 

person must hold a valid license to 

dispense a controlled substance in 

California. Thus, because Registrant 

lacks authority to handle controlled 

substances in California, Registrant is 

not eligible to maintain a DEA 

registration. Accordingly, the Agency 

will order that Registrant’s DEA 

registrations 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 Certificates 

of Registration Nos. FW8432471 and 

AW2971073 issued to Gary R. Wisner, 

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 Gary R. 

Wisner, M.D., to renew or modify these 

registrations, as well as any other 

pending application of Gary R. Wisner, 

M.D., for additional registration in 

California. This Order is effective 

January 16, 2024. 

Signing Authority 

This document of the Drug 

Enforcement Administration was signed 

on December 7 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. 2023–27522 Filed 12–14–23; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF LABOR 

Bureau of Labor Statistics 

Technical Advisory Committee; 

Request for Nominations 

AGENCY: Bureau of Labor Statistics 

(BLS), Department of Labor. 

ACTION: Request for nominations. 

SUMMARY: The BLS is soliciting new 

members for the Technical Advisory 

Committee (TAC) to address four 

member terms expiring on April 13, 

2024, and any additional vacancies that 

may occur on the TAC between the date 

of publication of this notice and April 

13, 2024. 

DATES: Nominations for the TAC 

membership should be transmitted by 

January 16, 2024. 

ADDRESSES: Nominations for the TAC 

membership should be emailed to 

BLSTAC@bls.gov. Nominations are only 

being accepted through email as BLS is 

in maximum telework status pending its 

relocation to Suitland. 

FOR FURTHER INFORMATION CONTACT: Jay 

Stewart, Senior Research Economist, 

U.S. Bureau of Labor Statistics. 

Telephone: 202–691–7376. This is not a 

toll-free number. Email: BLSTAC@

bls.gov. 

SUPPLEMENTARY INFORMATION: The TAC 

provides advice to the Bureau of Labor 

Statistics on technical aspects of data 

collection and the formulation of 

economic measures and makes 

recommendations on areas of research. 

On some technical issues, there are 

differing views and receiving feedback 

at public meetings provides BLS with 

the opportunity to consider all 

viewpoints. 

The Committee consists of 

approximately 16 members who serve as 

Special Government Employees. 

Members are appointed by the BLS and 

are approved by the Secretary of Labor. 

Committee members are experts in 

economics, statistics, data science, and 

survey design. Members typically have 

Ph.D.s in their field and have significant 

experience. They are prominent experts 

in their fields and recognized for their 

professional achievements and 

objectivity. The economic experts will 

have research experience with technical 

issues related to BLS data and will be 

familiar with employment and 

unemployment statistics, price index 

numbers, compensation measures, 

productivity measures, occupational 

and health statistics, or other topics 

relevant to BLS data series. The 

statistical experts will have experience 

with sample design, data analysis, 


ddrumheller on DSK120RN23PROD with NOTICES1
86946 Federal Register / Vol. 88, No. 240 / Friday, December 15, 2023 / Notices 

1Public Law 115–264, 132 Stat. 3676 (2018). 

2 17 U.S.C. 115(d). 

3 Id. 

4 Id. 

5 Id. at 115(d)(4)(D). 

6 Id. at 115(d)(3)(L). 

7 Id. at 115(d)(3)(L)(i)(IV), (d)(4)(D)(i)(IV). 

8 Id. at 115(d)(3)(L)(i)(IV), (d)(4)(D)(i)(IV). 

computationally intensive statistical 

methods, non-sampling errors or other 

areas which are relevant to BLS work. 

The data science experts will have 

experience compiling, modeling, 

analyzing, and interpreting large sets of 

structured and unstructured data. The 

survey design experts will have 

experience with questionnaire design, 

usability, or other areas of survey 

development. Collectively, the members 

will provide a balance of expertise in all 

of these areas. 

BLS invites persons interested in 

serving on the TAC to submit their 

names for consideration for committee 

membership. Typically, TAC members 

are appointed to three-year terms, and 

serve as unpaid Special Government 

Employees. 

The Bureau often faces highly 

technical issues while developing and 

maintaining the accuracy and relevancy 

of its data on employment and 

unemployment, prices, productivity, 

and compensation and working 

conditions. These issues range from 

how to develop new measures to how to 

make sure that existing measures 

account for the ever-changing economy. 

BLS presents issues and then draws on 

the specialized expertise of Committee 

members representing specialized fields 

within the academic disciplines of 

economics, statistics and data science, 

and survey design. Committee members 

are also invited to bring to the attention 

of BLS issues that have been identified 

in the academic literature or in their 

own research. 

The TAC was established to provide 

advice to the Commissioner of Labor 

Statistics on technical topics selected by 

the BLS. Responsibilities include, but 

are not limited to providing comments 

on papers and presentations developed 

by BLS research and program staff, 

conducting research on issues identified 

by BLS on which an objective technical 

opinion or recommendation from 

outside of BLS would be valuable, 

recommending BLS conduct internal 

research projects to address technical 

problems with BLS statistics that have 

been identified in the academic 

literature, participating in discussions of 

areas where the types or coverage of 

economic statistics could be expanded 

or improved and areas where statistics 

are no longer relevant, and establishing 

working relationships with professional 

associations with an interest in BLS 

statistics, such as the American 

Statistical Association and the 

American Economic Association. 

Nominations: BLS is looking for 

committed TAC members who have a 

strong interest in, and familiarity with, 

BLS data. The Agency is looking for 

nominees who use and have a 

comprehensive understanding of 

economic statistics. BLS is committed to 

bringing greater diversity of thought, 

perspective, and experience to its 

advisory committees. Nominees from all 

races, gender, age, and disabilities are 

encouraged to apply. Interested persons 

may nominate themselves or may 

submit the name of another person who 

they believe to be interested in and 

qualified to serve on the TAC. 

Nominations may also be submitted by 

organizations. Nominations should 

include the name, address, and 

telephone number of the candidate. 

Each nomination should include a 

summary of the candidate’s training or 

experience relating to BLS data 

specifically, or economic statistics more 

generally, and a curriculum vitae. In 

selecting TAC members, BLS will 

consider individuals nominated in 

response to this notice, as well as other 

qualified individuals. Candidates 

should not submit information they do 

not want publicly disclosed. BLS will 

conduct a basic background check on 

candidates before their appointment to 

the TAC. The background check will 

involve accessing publicly available, 

internet-based sources. BLS will contact 

nominees for information on their status 

as registered lobbyists. Anyone 

currently subject to federal registration 

requirements as a lobbyist is not eligible 

for appointment to the TAC. Nominees 

should be aware of the time 

commitment for attending meetings and 

actively participating in the work of the 

TAC. Historically, this has meant a 

commitment of at least two days per 

year. 

Authority: This notice was prepared 

in accordance with the provisions of the 

Federal Advisory Committee Act 

(FACA), 5 U.S.C. App. 2. 

Signed at Washington, DC, on December 

11, 2023. 

Eric Molina, 

Acting Chief, Division of Management 

Systems. 

[FR Doc. 2023–27538 Filed 12–14–23; 8:45 am] 

BILLING CODE 4510–24–P 

LIBRARY OF CONGRESS 

Copyright Office 

[Docket No. 2023–7] 

Notice of Intent To Audit 

AGENCY: U.S. Copyright Office, Library 

of Congress. 

ACTION: Public notice. 

SUMMARY: The U.S. Copyright Office is 

announcing receipt of a notice of intent 

to conduct an audit pursuant to the 

section 115 blanket license. 

FOR FURTHER INFORMATION CONTACT: 

Rhea Efthimiadis, Assistant to the 

General Counsel, by email at meft@

copyright.gov or telephone at 202–707– 

8350. 

SUPPLEMENTARY INFORMATION: The Orrin 

G. Hatch-Bob Goodlatte Music 

Modernization Act (the ‘‘MMA’’) 

substantially modified the compulsory 

‘‘mechanical’’ license for reproducing 

and distributing phonorecords of 

nondramatic musical works under 17 

U.S.C. 115.1 It did so by switching from 

a song-by-song licensing system to a 

blanket licensing regime that became 

available on January 1, 2021 (the 

‘‘license availability date’’), 

administered by a mechanical licensing 

collective (the ‘‘MLC’’) designated by 

the Copyright Office (the ‘‘Office’’).2

Digital music providers (‘‘DMPs’’) are 

able to obtain this new statutory 

mechanical blanket license (the 

‘‘blanket license’’) to make digital 

phonorecord deliveries of nondramatic 

musical works, including in the form of 

permanent downloads, limited 

downloads, or interactive streams 

(referred to in the statute as ‘‘covered 

activity’’ where such activity qualifies 

for a blanket license), subject to various 

requirements, including reporting and 

payment obligations.3 The MLC is 

tasked with collecting royalties from 

DMPs under the blanket license and 

distributing them to musical work 

copyright owners.4

In connection with the new blanket 

license, the MMA also provides for 

certain audit rights. Under the MMA, 

the MLC may periodically audit DMPs 

operating under the blanket license to 

verify the accuracy of royalty payments 

made by DMPs to the MLC.5 Likewise, 

musical work copyright owners may 

periodically audit the MLC to verify the 

accuracy of royalty payments made by 

the MLC to copyright owners.6 To 

commence an audit, a notice of intent to 

conduct an audit must be filed with the 

Office and delivered to the party(ies) 

being audited.7 The Office must then 

cause notice to be published in the 

Federal Register within 45 days of 

receipt.8

On November 9, 2023, the Office 

received a notice of intent to conduct an 

audit of the MLC from Bridgeport 


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