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