16870 Federal Register / Vol. 62, No. 67 / Tuesday, April 8, 1997 / Notices

Dated this 28th day of March, 1997.

John Singlaub,

District Manager, Carson City District.

[FR Doc. 97–8865 Filed 4–7–97; 8:45 am]

BILLING CODE 4310–HC–M

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree

Pursuant to the Comprehensive

Environmental Response,

Compensation and Liability Act

Notice is hereby given that a proposed

Consent Decree in United States v.

Conoco Inc. was lodged on March 6,

1997 with the United States District

Court for the Western District of

Louisiana. The parties to the Decree are

Conoco Inc. (‘‘Conoco’’) and the relevant

natural resource trustees: the National

Oceanic and Atmospheric

Administration; the Department of the

Interior, and the State of Louisiana

through the Louisiana Department of

Environmental Quality, the Louisiana

Department of Wildlife and Fisheries,

and the Louisiana Department of

Natural Resources. Under the terms of

the Decree, Conoco agrees to implement

and fund a restoration-based settlement

as compensation for natural resource

damages suffered as a result of a March,

1994 release of 1,2 dichloroethane

(‘‘EDC’’) from Conoco’s facility in

Westlake, Louisiana. The claim being

settled arose under Section 107 of the

Comprehensive Environmental

Response, Compensation, and Liability

Act, 42 U.S.C. 9607.

Contemporaneously with lodging the

Consent Decree, the United States and

the State of Louisiana jointly filed a

complaint alleging that Conoco is an

owner or operator of the facility that

released the EDC within the meaning of

sections 107(a)(1) and 107(a)(2) of the

Comprehensive Environmental

Response, Compensation, and Liability

Act (‘‘CERCLA’’), 42 U.S.C. 9607(a)(1)

and 9607(a)(2).

The Department of Justice will

receive, for a period of thirty (30) days

from the date of this publication,

comments relating to the proposed

Consent Decree. Comments should be

addressed to the Assistant Attorney

General for the Environment and

Natural Resources Division, Department

of Justice, Washington, DC 20530, and

should refer to C.A. 97–0445. United

States v. Conoco, DOJ Reference

Number 90–11–3–1655.

The proposed Consent Decree may be

examined at the Consent Decree Library,

1120 G Street, NW., 4th Floor,

Washington, DC 20005, (202) 624–0892.

A copy of the proposed Consent Decree

may be obtained in person or by mail

from the Consent Decree Library, 1120

G Street, NW., 4th Floor, Washington,

DC 20005. In requesting a copy please

refer to the referenced case and enclose

a check in the amount of $21.75 (25

cents per page reproduction costs),

payable to the Consent Decree Library.

Joel Gross,

Section Chief, Environmental Enforcement

Section, Environment and Natural Resources

Division.

[FR Doc. 97–8927 Filed 4–7–97; 8:45 am]

BILLING CODE 4410–15–M

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree

Pursuant to the Clean Water Act

In accordance with Departmental

policy, 28 CFR 50.7, notice is hereby

given that a proposed consent decree in

United States v. Trident Seafoods

Corporation, Civil Action No. A

97093:Civil:HRH, was lodged on March

17, 1997 with the United States District

Court for the District of Alaska. The

complaint was brought under section

309 of the Clean Water Act, 33 U.S.C.

1319 for effluent limitations,

environmental effects, reporting,

sampling, and monitoring violations of

two National Pollutant Discharge

Elimination System (‘‘NPDES’’) permits

in violation of section 301(a) of the

Clean Water Act, 33 U.S.C. 1311(a), at

Trident’s Akutan Island and Sand Point

seafood processing facilities in Alaska.

Under the Consent Decree Trident

will pay a civil penalty of $418,150, and

implement environmental pollution

reduction activities. Additionally,

Trident will implement a

comprehensive environmental

compliance management program, to

include rigorous auditing procedures.

The Department of Justice will

receive, for a period of thirty (30) days

from the date of this publication,

comments relating to the proposed

consent decree. Comments should be

addressed to the Assistant Attorney

General for the Environment and

Natural Resources Division, Department

of Justice, Washington, DC 20530, and

should refer to United States v. Trident

Seafoods Corporation, DOJ REF. #90–5–

1–1–2002B.

The proposed consent decree may be

examined at the office of the United

States Attorney, Federal Building and

Courthouse, 222 W. 7th Avenue, #9,

Room 253, Anchorage, Alaska 99513–

7567; the Region X Office of the

Environmental Protection Agency, 1200

Sixth Avenue, Seattle, Washington

98101; and at the Consent Decree

Library, 1120 G Street, NW., 4th Floor,

Washington, DC 20005, (202) 624–0892.

A copy of the proposed consent decree

may be obtained in person or by mail

from the Consent Decree Library, 1120

G Street, NW., 4th Floor, Washington,

DC 20005. In requesting a copy please

refer to the reference case and enclose

a check in the amount of $8.00 (25 cents

per page reproduction costs), payable to

the Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section,

Environment and Natural Resources Division.

[FR Doc. 97–8928 Filed 4–7–97; 8:45 am]

BILLING CODE 4410–15–M

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree

Pursuant to the Comprehensive

Environmental Response

Compensation and Liability Act of 1980

as Amended

In accordance with Department of

Justice policy, 28 CFR 50.7, notice is

hereby given that a proposed consent

decree in United States v. Western

Publishing Company, Inc., et al., 94–

CV–1247 (LEK/DNH), was lodged on

March 7, 1997, with the United States

District Court for the Northern District

of New York. The decree resolves claims

of the United States against defendant

Golden Books Publishing Co., Inc.

(formerly known as Western Publishing

Co., Inc.) in the above-referenced action

under the Comprehensive

Environmental Response,

Compensation, and Liability Act

(‘‘CERCLA’’) in connection with the

Hertel Landfill Superfund Site in the

Town of Plattekill, Ulster County, New

York (the ‘‘Site’’). In the proposed

consent decree, the defendant agrees to

pay the United States $625,000 in

settlement of the United States’ claims

for civil penalties and punitive damages

for Golden Books’ failure or refusal to

comply with a unilateral administrative

order issued to it by the U.S.

Environmental Protection Agency

pursuant to section 106 of CERCLA, 42

U.S.C. 9606.

The Department of Justice will

receive, for a period of thirty (30) days

from the date of this publication,

comments relating to the proposed

consent decree. Comments should be

addressed to the Assistant Attorney

General for the Environment and

Natural Resources Division, Department

of Justice, Washington, DC 20530, and

should refer to United States v. Western

Publishing Company, Inc., et al., DOJ

Ref. Number 90–11–2–767A.
Federal Register / Vol. 62, No. 67 / Tuesday, April 8, 1997 / Notices 16871

The proposed consent decree may be

examined at the Office of the United

States Attorney, United States

Courthouse, 445 Broadway, Albany, NY

12207; the Region II Office of the

Environmental Protection Agency, 290

Broadway, New York, NY 10278; and

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, 1120 G Street,

NW, 4th Floor, Washington, DC 20005.

In requesting a copy, please refer to the

referenced case and enclose a check in

the amount of $5.25 (25 cents per page

reproduction costs), payable to the

Consent Decree Library.

Joel M. Gross,

Section Chief, Environmental Enforcement

Section, Environment and Natural Resources

Division.

[FR Doc. 97–8926 Filed 4–7–97; 8:45 am]

BILLING CODE 4410–01–M

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

Nathaniel Aikens-Afful, M.D.;

Revocation of Registration

On August 1, 1996, the Deputy

Assistant Administrator, Office of

Diversion Control, Drug Enforcement

Administration (DEA) issued an Order

to Show Cause to Nathaniel AikensAfful, M.D., of Randallstown, Maryland,

notifying him of an opportunity to show

cause as to why DEA should not revoke

his DEA Certificate of Registration,

AA2585721, under 21 U.S.C. 824(a)(2),

(a)(3), and (a)(4), and deny any pending

applications for registration pursuant to

21 U.S.C. 823(f), for reason that he was

convicted of a felony offense relating to

controlled substances, he is not

authorized to handle controlled

substances in the State of Maryland, and

his continued registration would be

inconsistent with the public interest.

The order also notified Dr. Aikens-Afful

that should no request for a hearing be

filed within 30 days, his hearing right

would be deemed waived.

The DEA received a signed receipt

indicating that Dr. Aikens-Afful

received the order on August 5, 1996.

No request for a hearing or any other

reply was received by the DEA from Dr.

Aikens-Afful or anyone purporting to

represent him in this matter. Therefore,

the Acting 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.

Aikens-Afful is deemed to have waived

his hearing right. After considering the

relevant material from the investigative

file in this matter, the Acting Deputy

Administrator now enters his final order

without a hearing pursuant to 21 CFR

1301.54(e) and 1301.57.

The Acting Deputy Administrator

finds that on November 16, 1994, the

Maryland State Board of Physician

Quality Assurance (Board) issued an

Order for Summary Suspension of

License to Practice Medicine. The Board

found that Dr. Aikens-Afful wrote

prescriptions for Percocet and Roxicet,

both Schedule II controlled substances,

for individuals for no legitimate medical

purpose, and often in names of

individuals that he never saw. The

Board found that Dr. Aikens-Afful

would write these prescriptions for

friends and associates who would have

the prescriptions filled, sell the pills,

and then provide Dr. Aikens-Afful with

some of the proceeds from these illegal

sales.

There is no evidence in the record

that Dr. Aikens-Afful’s license to

practice medicine in the State of

Maryland has been reinstated.

Therefore, the Acting Deputy

Administrator finds that since Dr.

Aikens-Afful is not currently authorized

to practice medicine in the State of

Maryland, it is reasonable to infer that

he is not authorized to handle

controlled substances in that state.

The DEA does not have 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. 21

U.S.C. 802(21), 823(f) and 824(a)(3).

This prerequisite has been consistently

upheld. See Dominick A. Ricci, M.D., 58

FR 51,104 (1993); James H. Nickens,

M.D., 57 FR 59,847 (1992); Roy E.

Hardman, M.D., 57 FR 49,195 (1992).

Here, it is clear that Dr. Aikens-Afful

is not currently authorized to handle

controlled substances in the State of

Maryland, where he is registered with

DEA. Therefore, he is not entitled to

maintain that registration. Because Dr.

Aikens-Afful is not entitled to a DEA

registration in Maryland due to his lack

of state authorization to handle

controlled substances, the Acting

Deputy Administrator concludes that it

is unnecessary to address whether Dr.

Aikens-Afful’s registration should be

revoked based upon the other grounds

asserted in the Order to Show Cause.

Accordingly, the Acting Deputy

Administrator of the Drug Enforcement

Administration, pursuant to the

authority vested in him by 21 U.S.C. 823

and 824 and 28 CFR 0.100(b) and 0.104,

hereby orders that DEA Certificate of

Registration, AA2585721, previously

issued to Nathaniel Aikens-Afful, M.D.,

be, and it hereby is, revoked. The Acting

Deputy Administrator further orders

that any pending applications for the

renewal of such registration, be, and

they hereby are, denied. This order is

effective May 8, 1997.

Dated: April 1, 1997.

James S. Milford,

Acting Deputy Administrator.

[FR Doc. 97–8945 Filed 4–7–97; 8:45 am]

BILLING CODE 4410–09–M

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

James D. Okun, M.D.; Revocation of

Registration

On August 6, 1996, the Deputy

Assistant Administrator, Office of

Diversion Control, Drug Enforcement

Administration (DEA) issued an Order

to Show Cause to James D. Okun, M.D.,

notifying him of an opportunity to show

cause as to why DEA should not revoke

his DEA Certificate of Registration,

BO1821354, and deny any pending

applications for registration pursuant to

21 U.S.C. 823(f) and 824(a)(3), for reason

that he is not currently authorized to

handle controlled substances in the

State of Louisiana, where he is

registered with DEA. The order also

notified Dr. Okun that should no request

for a hearing be filed within 30 days, his

hearing right would be deemed waived.

The DEA mailed the show cause order

to Dr. Okun at his registered address in

Louisiana and at his residence in

California. Subsequently, the DEA

received a signed, but undated, receipt

showing that Dr. Okun received the

order sent to California. Government

counsel asserts that more than 30 days

have passed since the signed return

receipt was received by the DEA. No

request for a hearing or any other reply

was received by the DEA from Dr. Okun

or anyone purporting to represent him

in this matter. Therefore, the Acting

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. Okun is

deemed to have waived his hearing

right. After considering relevant

material from the investigative file in

this matter, the Acting Deputy

Administrator now enters his final order

without a hearing pursuant to 21 CFR

1301.54(e) and 1301.57