8038 Federal Register / Vol. 87, No. 29 / Friday, February 11, 2022 / Notices 

1Handbook for Electronic Filing Procedures: 

https:/www.usitc.gov/documents/handbook_on_

filing_procedures.pdf. 

2All contract personnel will sign appropriate 

nondisclosure agreements. 

3Electronic Document Information System 

(EDIS): https://edis.usitc.gov 

Inc. of Charlotte, NC; and Hand Held 

Products, Inc. of Charlotte, NC. The 

complainant requests that the 

Commission issue a limited exclusion 

order, cease and desist orders, and 

impose a bond upon respondents 

alleged infringing articles during the 60- 

day Presidential review period pursuant 

to 19 U.S.C. 1337(j). Proposed 

respondents, other interested parties, 

and members of the public are invited 

to file comments on any public interest 

issues raised by the complaint or 

§ 210.8(b) filing. Comments should 

address whether issuance of the relief 

specifically requested by the 

complainant in this investigation would 

affect the public health and welfare in 

the United States, competitive 

conditions in the United States 

economy, the production of like or 

directly competitive articles in the 

United States, or United States 

consumers. 

In particular, the Commission is 

interested in comments that: 

(i) Explain how the articles 

potentially subject to the requested 

remedial orders are used in the United 

States; 

(ii) identify any public health, safety, 

or welfare concerns in the United States 

relating to the requested remedial 

orders; 

(iii) identify like or directly 

competitive articles that complainant, 

its licensees, or third parties make in the 

United States which could replace the 

subject articles if they were to be 

excluded; 

(iv) indicate whether complainant, 

complainant’s licensees, and/or third 

party suppliers have the capacity to 

replace the volume of articles 

potentially subject to the requested 

exclusion order and/or a cease and 

desist order within a commercially 

reasonable time; and 

(v) explain how the requested 

remedial orders would impact United 

States consumers. 

Written submissions on the public 

interest must be filed no later than by 

close of business, eight calendar days 

after the date of publication of this 

notice in the Federal Register. There 

will be further opportunities for 

comment on the public interest after the 

issuance of any final initial 

determination in this investigation. Any 

written submissions on other issues 

must also be filed by no later than the 

close of business, eight calendar days 

after publication of this notice in the 

Federal Register. Complainant may file 

replies to any written submissions no 

later than three calendar days after the 

date on which any initial submissions 

were due. No other submissions will be 

accepted, unless requested by the 

Commission. Any submissions and 

replies filed in response to this Notice 

are limited to five (5) pages in length, 

inclusive of attachments. 

Persons filing written submissions 

must file the original document 

electronically on or before the deadlines 

stated above. Submissions should refer 

to the docket number (‘‘Docket No. 

3603’’) in a prominent place on the 

cover page and/or the first page. (See 

Handbook for Electronic Filing 

Procedures, Electronic Filing 

Procedures 1). Please note the 

Secretary’s Office will accept only 

electronic filings during this time. 

Filings must be made through the 

Commission’s Electronic Document 

Information System (EDIS, https://

edis.usitc.gov). No in-person paperbased filings or paper copies of any 

electronic filings will be accepted until 

further notice. Persons with questions 

regarding filing should contact the 

Secretary at EDIS3Help@usitc.gov. 

Any person desiring to submit a 

document to the Commission in 

confidence must request confidential 

treatment. All such requests should be 

directed to the Secretary to the 

Commission and must include a full 

statement of the reasons why the 

Commission should grant such 

treatment. See 19 CFR 201.6. Documents 

for which confidential treatment by the 

Commission is properly sought will be 

treated accordingly. All information, 

including confidential business 

information and documents for which 

confidential treatment is properly 

sought, submitted to the Commission for 

purposes of this Investigation may be 

disclosed to and used: (i) By the 

Commission, its employees and Offices, 

and contract personnel (a) for 

developing or maintaining the records 

of this or a related proceeding, or (b) in 

internal investigations, audits, reviews, 

and evaluations relating to the 

programs, personnel, and operations of 

the Commission including under 5 

U.S.C. Appendix 3; or (ii) by U.S. 

government employees and contract 

personnel,2 solely for cybersecurity 

purposes. All nonconfidential written 

submissions will be available for public 

inspection at the Office of the Secretary 

and on EDIS.3

This action is taken under the 

authority of section 337 of the Tariff Act 

of 1930, as amended (19 U.S.C. 1337), 

and of §§ 201.10 and 210.8(c) of the 

Commission’s Rules of Practice and 

Procedure (19 CFR 201.10, 210.8(c)). 

By order of the Commission. 

Issued: February 7, 2022. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2022–02925 Filed 2–10–22; 8:45 am] 

BILLING CODE 7020–02–P 

JUDICIAL CONFERENCE OF THE 

UNITED STATES 

Committee on Rules of Practice and 

Procedure; Meeting of the Judicial 

Conference 

AGENCY: Judicial Conference of the 

United States. 

ACTION: Committee on Rules of Practice 

and Procedure; Notice of open meeting. 

SUMMARY: The Committee on Rules of 

Practice and Procedure will hold a 

meeting on June 7, 2022 in Washington, 

DC. The meeting is open to the public 

for observation but not participation. An 

agenda and supporting materials will be 

posted at least 7 days in advance of the 

meeting at: https://www.uscourts.gov/ 

rules-policies/records-rules-committees/ 

agenda-books. 

DATES: June 7, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Bridget Healy, Esq., Acting Chief 

Counsel, Rules Committee Staff, 

Administrative Office of the U.S. Courts, 

Thurgood Marshall Federal Judiciary 

Building, One Columbus Circle NE, 

Suite 7–300, Washington, DC 20544, 

Phone (202) 502–1820, 

RulesCommittee_Secretary@

ao.uscourts.gov. 

(Authority: 28 U.S.C. 2073.) 

Dated: February 8, 2022. 

Shelly L. Cox, 

Management Analyst, Rules Committee Staff. 

[FR Doc. 2022–02964 Filed 2–10–22; 8:45 am] 

BILLING CODE 2210–55–P 

JUDICIAL CONFERENCE OF THE 

UNITED STATES 

Advisory Committee on Criminal 

Rules; Meeting of the Judicial 

Conference 

AGENCY: Judicial Conference of the 

United States. 

ACTION: Advisory Committee on 

Criminal Rules; notice of open meeting. 

SUMMARY: The Advisory Committee on 

Criminal Rules will hold a meeting on 

April 28, 2022 in Washington, DC. The 

meeting is open to the public for 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 87, No. 29 / Friday, February 11, 2022 / Notices 8039 

1 In the Prehearing Statement, the Government 

clarified the relevant time period to be between 

early 2017 and ‘‘late 2019.’’ ALJX 4, at 15. 

2 I find that the Government’s service of the OSC 

was adequate. 

observation but not participation. An 

agenda and supporting materials will be 

posted at least 7 days in advance of the 

meeting at: https://www.uscourts.gov/ 

rules-policies/records-rules-committees/ 

agenda-books. 

DATES: April 28, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Bridget Healy, Esq., Acting Chief 

Counsel, Rules Committee Staff, 

Administrative Office of the U.S. Courts, 

Thurgood Marshall Federal Judiciary 

Building, One Columbus Circle NE, 

Suite 7–300, Washington, DC 20544, 

Phone (202) 502–1820, 

RulesCommittee_Secretary@

ao.uscourts.gov. 

(Authority: 28 U.S.C. 2073.) 

Dated: February 8, 2022. 

Shelly L. Cox, 

Management Analyst, Rules Committee Staff. 

[FR Doc. 2022–02960 Filed 2–10–22; 8:45 am] 

BILLING CODE 2210–55–P 

JUDICIAL CONFERENCE OF THE 

UNITED STATES 

Advisory Committee on Evidence 

Rules; Meeting of the Judicial 

Conference 

AGENCY: Judicial Conference of the 

United States. 

ACTION: Advisory Committee on 

Evidence Rules; notice of open meeting. 

SUMMARY: The Advisory Committee on 

Evidence Rules will hold a meeting on 

May 6, 2022 in Washington, DC. The 

meeting is open to the public for 

observation but not participation. An 

agenda and supporting materials will be 

posted at least 7 days in advance of the 

meeting at: https://www.uscourts.gov/ 

rules-policies/records-rules-committees/ 

agenda-books. 

DATES: May 6, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Bridget Healy, Esq., Acting Chief 

Counsel, Rules Committee Staff, 

Administrative Office of the U.S. Courts, 

Thurgood Marshall Federal Judiciary 

Building, One Columbus Circle NE, 

Suite 7–300, Washington, DC 20544, 

Phone (202) 502–1820, 

RulesCommittee_Secretary@

ao.uscourts.gov. 

(Authority: 28 U.S.C. 2073.) 

Dated: February 8, 2022. 

Shelly L. Cox, 

Management Analyst, Rules Committee Staff. 

[FR Doc. 2022–02963 Filed 2–10–22; 8:45 am] 

BILLING CODE 2210–55–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

[Docket No. 20–03] 

John X. Qian, M.D.; Decision and Order 

On November 18, 2019, a former 

Acting Administrator, Drug 

Enforcement Administration 

(hereinafter, DEA or Government), 

issued an Order to Show Cause and 

Immediate Suspension of Registration 

(hereinafter, OSC/ISO) to John X. Qian, 

M.D. (hereinafter, Respondent). 

Administrative Law Judge Exhibit 

(hereinafter, ALJX) 1 (Order to Show 

Cause), at 1. The OSC proposed the 

revocation of Respondent’s Certificates 

of Registration Nos. FQ7186174, 

FQ7906968, and BQ7364970, and denial 

of the pending application for a new 

DEA Certificate of Registration 

(hereinafter, COR or registration), 

Application No. W18124091C, pursuant 

to 21 U.S.C. 824(a)(4) ‘‘because [his] 

continued registration is inconsistent 

with the public interest. . . .’’ Id. 

(citing 21 U.S.C. 823(f)). 

I. Procedural History 

The OSC alleged that ‘‘from at least 

early 2017, through at least April 29, 

2019,1 [Respondent] unlawfully issued 

or approved the issuance of 

prescriptions for controlled substances’’ 

to three patients ‘‘that were not for a 

legitimate medical purpose, were 

beneath the standard of care for the 

practice of medicine in the State of 

California, and were not issued in the 

usual course of professional medical 

practice.’’ Id. at 5. The OSC alleged 

violations of 21 U.S.C. 841(a) and 

842(a); 21 CFR 1306.04(a); Cal. Health & 

Safety §§ 11153(a), 11154(a); and Cal. 

Bus. § Prof. §§ 725(a), 22334, and 

2242(a). Id. 

Pursuant to 21 U.S.C. 824(d) and 21 

CFR 1301.36(e), the former Acting 

Administrator immediately suspended 

Respondent’s Certificate of Registration, 

found ‘‘that [Respondent’s] continued 

registration [was] inconsistent with the 

public interest’’ and that ‘‘continued 

registration while [the] proceedings are 

pending constitutes an imminent danger 

to the public health or safety.’’ Id. at 13. 

Pursuant to 21 U.S.C. 824(f) and 21 CFR 

1301.36(f), the former Acting 

Administrator authorized DEA Special 

Agents (hereinafter, SA) and Diversion 

Investigators (hereinafter, DI) serving 

the OSC on Respondent to place under 

seal or to remove for safekeeping all 

controlled substances that Respondent 

possessed pursuant to the suspended 

registrations and to take the registrations 

themselves. Id. 

The OSC notified Respondent of the 

right to either request a hearing on the 

allegations or submit a written 

statement in lieu of exercising the right 

to a hearing, the procedures for electing 

each option, and the consequences for 

failing to elect either option. Id. at 13 

(citing 21 CFR 1301.43). 

By letter dated November 21, 2019, 

Respondent timely requested a hearing.2

ALJX 2 (Request for Hearing), at 1. The 

matter was placed on the docket of the 

Office of Administrative Law Judges and 

was assigned to Mark M. Dowd 

(hereinafter, ALJ). In addition to the 

traditional procedural history, the 

parties filed robust Joint Stipulations of 

Facts, ALJX 10 (Joint Stipulations of 

Facts), and the Government filed several 

Motions in Limine, which I will briefly 

summarize here. The first, a Motion in 

Limine to Exclude Second Expert 

Witness, ALJX 11, sought to exclude the 

testimony of a second expert witness 

identified a week before the hearing in 

this matter was scheduled to begin. Id. 

at 1. The ALJ found good cause for the 

Respondent’s delay and agreed to 

permit both of Respondent’s experts to 

testify so long as the testimony was not 

cumulative or repetitive. ALJX 12 

(Order Granting in Part Government’s 

Motion in Limine and to Exclude 

Evidence). Respondent ended up calling 

only the later-added expert witness to 

testify. The second was a Motion in 

Limine to Exclude Character Witnesses, 

ALJX 13, which alleged that the dozen 

character witnesses that Respondent 

proposed could only offer testimony 

that was either irrelevant or duplicative. 

ALJX 13. The ALJ did not grant the 

Government’s motion, but he did limit 

the number of witnesses who could 

discuss Respondent’s character and 

dispensing experience to three patients 

and four medical professionals and 

limited the scope of the testimony to 

what was relevant to the hearing. 

Transcript of Proceedings in the Matter 

of John X. Qian, M.D. (hereinafter, Tr.), 

7–10. In the end, Respondent did not 

call any witnesses for these purposes 

but instead presented documentary 

evidence. During the hearing, the 

Government filed a Motion in Limine to 

Strike Testimony and Evidence, ALJX 

18, related to Respondent’s treatment of 

E.N. that predated the medical records 

provided to the Government in response 

to a subpoena (which began in July 

2012). ALJX 18, at 1. The ALJ 


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