5660 Federal Register / Vol. 65, No. 24 / Friday, February 4, 2000 / Notices

the Commission’s TDD terminal on 202–

205–1810. Persons with mobility

impairments who will need special

assistance in gaining access to the

Commission should contact the Office

of the Secretary at 202–205–2000.

General information concerning the

Commission may also be obtained by

accessing its internet server (http://

www.usitc.gov).

SUPPLEMENTARY INFORMATION:

Background

The final phase of this investigation is

being scheduled as a result of an

affirmative preliminary determination

by the Department of Commerce that

imports of bulk acetylsalicylic acid

(aspirin) from China are being sold in

the United States at less than fair value

within the meaning of section 733 of the

Act (19 U.S.C. 1673b). The investigation

was requested in a petition filed on May

28, 1999, by Rhodia, Inc., Cranbury, NJ.

Participation in the Investigation and

Public Service List

Persons, including industrial users of

the subject merchandise and, if the

merchandise is sold at the retail level,

representative consumer organizations,

wishing to participate in the final phase

of this investigation as parties must file

an entry of appearance with the

Secretary to the Commission, as

provided in section 201.11 of the

Commission’s rules, no later than 21

days prior to the hearing date specified

in this notice. A party that filed a notice

of appearance during the preliminary

phase of the investigation need not file

an additional notice of appearance

during this final phase. The Secretary

will maintain a public service list

containing the names and addresses of

all persons, or their representatives,

who are parties to the investigation.

Limited Disclosure of Business

Proprietary Information (BPI) Under an

Administrative Protective Order (APO)

and BPI Service List

Pursuant to section 207.7(a) of the

Commission’s rules, the Secretary will

make BPI gathered in the final phase of

this investigation available to

authorized applicants under the APO

issued in the investigation, provided

that the application is made no later

than 21 days prior to the hearing date

specified in this notice. Authorized

applicants must represent interested

parties, as defined by 19 U.S.C.

§ 1677(9), who are parties to the

investigation. A party granted access to

BPI in the preliminary phase of the

investigation need not reapply for such

access. A separate service list will be

maintained by the Secretary for those

parties authorized to receive BPI under

the APO.

Staff Report

The prehearing staff report in the final

phase of this investigation will be

placed in the nonpublic record on May

5, 2000, and a public version will be

issued thereafter, pursuant to section

207.22 of the Commission’s rules.

Hearing

The Commission will hold a hearing

in connection with the final phase of

this investigation beginning at 9:30 a.m.

on May 18, 2000, at the U.S.

International Trade Commission

Building. Requests to appear at the

hearing should be filed in writing with

the Secretary to the Commission on or

before May 10, 2000. A nonparty who

has testimony that may aid the

Commission’s deliberations may request

permission to present a short statement

at the hearing. All parties and

nonparties desiring to appear at the

hearing and make oral presentations

should attend a prehearing conference

to be held at 9:30 a.m. on May 15, 2000,

at the U.S. International Trade

Commission Building. Oral testimony

and written materials to be submitted at

the public hearing are governed by

sections 201.6(b)(2), 201.13(f), and

207.24 of the Commission’s rules.

Parties must submit any request to

present a portion of their hearing

testimony in camera no later than 7

days prior to the date of the hearing.

Written Submissions

Each party who is an interested party

shall submit a prehearing brief to the

Commission. Prehearing briefs must

conform with the provisions of section

207.23 of the Commission’s rules; the

deadline for filing is May 12, 2000.

Parties may also file written testimony

in connection with their presentation at

the hearing, as provided in section

207.24 of the Commission’s rules, and

posthearing briefs, which must conform

with the provisions of section 207.25 of

the Commission’s rules. The deadline

for filing posthearing briefs is May 25,

2000; witness testimony must be filed

no later than three days before the

hearing. In addition, any person who

has not entered an appearance as a party

to the investigation may submit a

written statement of information

pertinent to the subject of the

investigation on or before May 25, 2000.

On June 15, 2000, the Commission will

make available to parties all information

on which they have not had an

opportunity to comment. Parties may

submit final comments on this

information on or before June 19, 2000,

but such final comments must not

contain new factual information and

must otherwise comply with section

207.30 of the Commission’s rules. All

written submissions must conform with

the provisions of section 201.8 of the

Commission’s rules; any submissions

that contain BPI must also conform with

the requirements of sections 201.6,

207.3, and 207.7 of the Commission’s

rules. The Commission’s rules do not

authorize filing of submissions with the

Secretary by facsimile or electronic

means.

In accordance with sections 201.16(c)

and 207.3 of the Commission’s rules,

each document filed by a party to the

investigation must be served on all other

parties to the investigation (as identified

by either the public or BPI service list),

and a certificate of service must be

timely filed. The Secretary will not

accept a document for filing without a

certificate of service.

Authority: This investigation is being

conducted under authority of title VII of the

Tariff Act of 1930; this notice is published

pursuant to section 207.21 of the

Commission’s rules.

Issued: February 1, 2000.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 00–2525 Filed 2–3–00; 8:45 am]

BILLING CODE 7020–02–U

INTERNATIONAL TRADE

COMMISSION

[Investigation No. 731–TA–377 (Review)]

Internal Combustion Industrial Forklift

Trucks From Japan

AGENCY: United States International

Trade Commission.

ACTION: Cancellation of the hearing and

revision of the schedule of a full fiveyear review concerning the antidumping

duty order on internal combustion

industrial forklift trucks from Japan.

EFFECTIVE DATE: January 28, 2000.

FOR FURTHER INFORMATION CONTACT:

Christopher J. Cassise (202–708–5408),

Office of Investigations, U.S.

International Trade Commission, 500 E

Street SW, Washington, DC 20436.

Hearing-impaired persons can obtain

information on this matter by contacting

the Commission’s TDD terminal on 202–

205–1810. Persons with mobility

impairments who will need special

assistance in gaining access to the

Commission should contact the Office

of the Secretary at 202–205–2000.

General information concerning the

Commission may also be obtained by

Federal Register / Vol. 65, No. 24 / Friday, February 4, 2000 / Notices 5661

accessing its internet server (http://

www.usitc.gov).

SUPPLEMENTARY INFORMATION:

Background

On August 27, 1999 (64 FR 46952),

the Commission published a notice in

the Federal Register scheduling a full

five-year review concerning the

antidumping duty order on internal

combustion industrial forklift trucks

from Japan. The schedule provided for

a public hearing on January 25, 2000.

Requests to appear at the hearing were

filed with the Commission on behalf of

NACCO Materials Handling Group and

on behalf of Clark Material Handling Co.

However, the Federal Government was

closed on January 25, 2000, because of

snow and so the Commission hearing

was not held as scheduled.

Subsequently, each of the parties

requesting to appear at the hearing

withdrew their request. Since there are

no current requests by interested parties

to appear at a public hearing, the

Commission determined to cancel,

instead of reschedule, the public

hearing on internal combustion

industrial forklift trucks from Japan and

provide those parties scheduled to

appear an opportunity to present

written testimony. The Commission

unanimously determined that no earlier

announcement of this cancellation was

possible.

The Commission’s new schedule for

the review is as follows: the deadline for

filing posthearing briefs is February 15,

2000; the Commission will make its

final release of information on March 9,

2000; and final party comments are due

on March 13, 2000.

For further information concerning

the review, see the Commission’s notice

cited above and the Commission’s Rules

of Practice and Procedure, part 201,

subparts A through E (19 CFR part 201),

and part 207, subparts A and F (19 CFR

part 207).

Authority: This review is being conducted

under authority of title VII of the Tariff Act

of 1930; this notice is published pursuant to

sections 201.35 and 207.62 of the

Commission’s rules.

Issued: January 31, 2000.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 00–2524 Filed 2–3–00; 8:45 am]

BILLING CODE 7020–02–U

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

James Garvey Cavanagh, M.D.;

Revocation of Registration

On August 5, 1999, the Deputy

Assistant Administrator, Office of

Diversion Control, Drug Enforcement

Administration (DEA), issued an Order

to Show Cause to James Garvey

Cavanagh, M.D., of Hawthorne, Nevada,

notifying him of an opportunity to show

cause as to why DEA should not revoke

his DEA Certificate of Registration

AC9084485 pursuant to 21 U.S.C.

824(a)(3), and deny any pending

applications for renewal of such

registration pursuant to 21 U.S.C. 823(f),

for reason that he is not currently

authorized to handle controlled

substances in the State of Nevada. The

order also notified Dr. Cavanagh that

should no request for a hearing be filed

within 30 days, his hearing right would

be deemed waived.

DEA received a signed receipt

indicating that the Order to Show Cause

was received on August 21, 1999. No

request for a hearing or any other reply

was received by the DEA from Dr.

Cavanagh or anyone purporting to

represent him in this matter. Therefore

the Deputy Administrator, finding that

(1) 30 days have passed since the receipt

of the Order to Show Cause, and (2) no

request for a hearing having been

received, concludes that Dr. Cavanagh is

deemed to have waived his hearing

right. After considering material from

the investigative file in this matter, the

Deputy Administrator now enters his

final order without a hearing pursuant

to 21 C.F.R. 1301.43(d) and (e) and

1301.46. This final order replaces and

supersedes the final order issued on

December 22, 1999, and published at 64

FR 73,586 (December 30, 1999).

The Deputy Administrator finds that

Dr. Cavanagh currently possesses DEA

Certificate of Registration AC9084485

issued to him in Nevada. The Deputy

Administrator further finds that on

March 18, 1999, the Board of Medical

Examiners of the State of Nevada issued

its Findings of Fact, Conclusions of

Law, and Order revoking Dr. Cavanagh’s

license to practice medicine in the State

of Nevada.

The Deputy Administrator concludes

that Dr. Cavanagh is not currently

licensed to practice medicine in

Nevada, and therefore, it is reasonable

to infer that he is not currently

authorized to handle controlled

substances in that state. The DEA does

not have the statutory authority under

the Controlled Substances Act to issue

or maintain a registration if the

applicant or registrant is without state

authority to handle controlled

substances in the state in which he

conducts his business. See 21 U.S.C.

802(21), 823(f) and 824(a)(3). This

prerequisite has been consistently

upheld. See Romeo J. Perez, M.D., 62 FR

16,193 (1997); Demetris A. Green, M.D.,

61 FR 60,728 (1996); Dominick A. Ricci,

M.D., 58 FR 51,104 (1993).

Here it is clear that Dr. Cavanagh is

not currently authorized to handle

controlled substances in the State of

Nevada. As a result, Dr. Cavanagh is not

entitled to a DEA registration in that

state.

Accordingly, the Deputy

Administrator of the Drug Enforcement

Administration, pursuant to the

authority vested in him by 21 USC 823

and 824 and 28 C.F.R. 0.100(b) and

0.104, hereby orders that DEA

Certificate of Registration AC9084485,

previously issued to James Garvey

Cavanagh, M.D., be, and it hereby is,

revoked. The Deputy Administrator

further orders that any pending

applications for the renewal of such

registration, be, and they hereby are,

denied. This order is effective March 6,

2000, and is considered the final agency

action for appellate purposes pursuant

to 21 U.S.C. 877.

Dated: January 18, 2000.

Donnie R. Marshall,

Deputy Administrator.

[FR Doc. 00–2526 Filed 2–3–00; 8:45 am]

BILLING CODE 4410–09–M

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. 99–9]

Michael G. Dolin, M.D., Denial of

Request for Modification of

Registration

On December 17, 1998, the Deputy

Assistant Administrator, Office of

Diversion Control, Drug Enforcement

Administration (DEA) issued an Order

to Show Cause to Michael Glen Dolin,

M.D. (Respondent) of Rockville Center,

New York, notifying him of an

opportunity to show cause as to why

DEA should not revoke his DEA

Certificate of Registration AD4476378

pursuant to 21 U.S.C. 824(a)(4), and

deny any pending applications for

modification or renewal of such

registration pursuant to 21 U.S.C. 823(f),

for reason that his registration would be

inconsistent with the public interest.

On January 4, 1999, Respondent,

through counsel, filed a request for a