Federal Register / Vol. 63, No. 3 / Tuesday, January 6, 1998 / Notices 573

Service Federal Rules and Regulations

‘‘Marine Mammals; Incidental Take

During Specified Activities’’ (58 FR

60402; November 16, 1993); modified

and extended (60 FR 42805; August 17,

1995).

Dated: December 24, 1997.

David B. Allen,

Regional Director.

[FR Doc. 98–155 Filed 1–5–98; 8:45 am]

BILLING CODE 4310–01–M

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

Indian Gaming

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Notice of approved Tribal-State

Compact.

SUMMARY: Pursuant to Section 11 of the

Indian Gaming Regulatory Act, Public

Law 100–497, 25 U.S.C. 2710, the

Secretary of the Interior shall publish, in

the Federal Register, notice of approved

Tribal-State Compacts for the purpose of

engaging in Class III (casino) gambling

on Indian reservations. The Assistant

Secretary—Indian Affairs, Department

of the Interior, through his delegated

authority, has approved the Compact

between the Pyramid Lake Paiute Tribe

and the State of Nevada, which was

executed on August 4, 1997.

DATES: This action is effective January 6,

1998.

FOR FURTHER INFORMATION CONTACT:

Director, Indian Gaming Management

Staff, Bureau of Indian Affairs,

Washington, DC 20240, (202) 219–4068.

Dated: December 12, 1997.

Kevin Gover,

Assistant Secretary—Indian Affairs.

[FR Doc. 98–219 Filed 1–5–98; 8:45am]

BILLING CODE 4310–02–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[AK–020–5101–00–LO12]

Availability of the Draft Environmental

Impact Statement (EIS) for the Golden

Valley Electric Association Northern

Intertie Project (EIS #97–47); Alaska

AGENCY: Bureau of Land Management.

ACTION: Notice.

SUMMARY: Golden Valley Electric

Association has applied to the Bureau of

Land Management (BLM) for a Right of

Way (ROW) to construct a 230kv

transmission line from Healy, Alaska, to

Fairbanks, Alaska. Therefore, in

compliance with the Federal Land

Policy and Management Act, as

amended, the National Environmental

Policy Act of 1969, as amended, and 40

CFR Parts 1500–1508, the Bureau of

Land Management has prepared a Draft

EIS. The Draft EIS evaluates the granting

of the ROW necessary for the Golden

Valley Electric Association Northern

Intertie Project.

The public can view a set of largescale maps and pick up copies of the

Draft EIS at the following locations:

Fairbanks: BLM-Northern District

Office and the Alaska Department of

Natural Resources Office.

Nenana: Nenana Public Library.

Anderson: Anderson City Hall.

Healy: Healy Community Center.

Copies are also available by mail by

contacting the BLM Northern District

Office, 1150 University Avenue,

Fairbanks, Alaska 99709, or by calling

(907) 474–2339.

DATES: Written comments on the Draft

EIS must be submitted or postmarked no

later than March 5, 1998. Oral and/or

written comments may also be

presented at four public meetings

scheduled as follows:

Fairbanks: February 9, 1998, Carlson

Center.

Nenana: February 10, 1998, Nenana

Senior Center.

Anderson: February 11, 1998,

Anderson City Hall.

Healy: February 12, 1998, Healy

Community Center.

The meetings will be conducted at all

locations in the following manner: 1

p.m. to 5 p.m.—Open House where

information and maps will be displayed

and staff will be available to answer

questions. Written comments will be

accepted. 7 p.m. to 9 p.m.—Public

Hearing where oral comments will be

recorded. Written comments will also be

accepted.

ADDRESSES: Written comments on the

document should be addressed to the

Bureau of Land Management, Northern

District Office, Attn: Gary Foreman,

1150 University Avenue, Fairbanks,

Alaska 99709–3899. Comments can also

be entered via the internet at http://

aurora.ak.blm.gov.

FOR FURTHER INFORMATION CONTACT: Gary

Foreman, Project Manager, at 1–800–

437–7021 or (907) 474–2339.

SUPPLEMENTARY INFORMATION: The Draft

EIS analyzes seven transmission line

route alternatives and the No Action

alternative. The preferred alternative is

the Rex/South Route, Option B.

Public participation for this project

has occurred throughout the process.

The BLM and the Rural Utilities Service

completed an Environmental

Assessment of the project in January

1997. Based on public and agency

comments the BLM decided to complete

an EIS for this project. The Notice of

Intent for the EIS was filed in the

Federal Register in May, 1997. Public

meetings, open houses, and mail outs

have been conducted for the

Environmental Assessment and the

Environmental Impact Statement

processes. Any comments presented

during these processes have been

considered.

Dated: December 30, 1997.

Donald L. Hinrichsen,

Acting Associate State Director.

[FR Doc. 98–189 Filed 1–5–98; 8:45 am]

BILLING CODE 4310–JA–P

INTERNATIONAL TRADE

COMMISSION

[USITC SE–97–16]

Sunshine Act Meeting

AGENCY HOLDING THE MEETING: United

States International Trade Commission.

TIME AND DATE: January 15, 1998 at 3:00

p.m.

PLACE: Room 101, 500 E Street S.W.,

Washington, DC 20436.

STATUS: Open to the public.

MATTERS TO BE CONSIDERED:

1. Agenda for future meeting: none.

2. Minutes.

3. Ratification List.

4. Inv. No. TA–201–67 (Wheat Gluten)

(Injury Phase)—briefing and vote.

5. Outstanding action jackets: none.

In accordance with Commission

policy, subject matter listed above, not

disposed of at the scheduled meeting,

may be carried over to the agenda of the

following meeting.

Issued: December 30, 1997.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 98–369 Filed 1–2–98; 1:05 pm]

BILLING CODE 7020–02–P

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

John Paul King, M.D., Denial of

Applications

On August 12, 1997, the Deputy

Assistant Administrator, Office of

Diversion Control, Drug Enforcement

Administration (DEA), issued an Order
574 Federal Register / Vol. 63, No. 3 / Tuesday, January 6, 1998 / Notices

to Show Cause to John Paul King, M.D.,

of Reynoldsburg, Ohio, notifying him of

an opportunity to show cause as to why

DEA should not deny his application,

dated August 28, 1995, for a DEA

Certificate of Registration as a

practitioner pursuant to 21 U.S.C.

823(f), for reason that this registration

would be inconsistent with the public

interest. Specifically, the Order to Show

Cause alleged that:

‘‘(1) In December 1991, the DEA

conducted an inspection of [Dr. King’s]

controlled premises which revealed

recordkeeping violations including

failure to maintain a biennial inventory,

failure to maintain receipt and

dispensing records, failure to properly

maintain Schedule II records, and illegal

import and export of controlled

substances. In addition, an audit

revealed a shortage of approximately

19,000 dosage units of Schedule II, III

and IV controlled substances.

(2) Subsequently, in a civil

proceeding against [Dr. King] for

violations of the Controlled Substances

Act, the United States District Court for

the Southern District of Ohio issued a

Summary Judgment in favor of the

Government on August 24, 1993. In

February 1994, [Dr. King] agreed to a

settlement in which [he] paid a $14,000

civil fine and agreed to certain

restrictions with regard to [his] DEA

registration to handle controlled

substances. [Dr. King] also agreed to

surrender [his] DEA Certificate of

Registration if later [he was] found to be

in violation of any provision of the

agreement.

(3) In March 1994, DEA conducted an

inspection of [Dr. King’s] controlled

premises and found regulatory

violations related to [his] inventory

records. In August 1994, DEA

conducted another inspection of [his]

premises in which it was determined

that [he] failed to maintain a proper

dispensing log, failed to maintain a

record of inventory, maintained certain

controlled substances in stock contrary

to the settlement agreement, and

improperly maintained Schedule II

records. An audit of [his] records

indicated an overage of the Schedule II

controlled substance, Demerol.

Consistent with the earlier settlement

agreement, on September 20, 1994, [Dr.

King] voluntarily surrendered [his] DEA

Certificate of Registration, AK2838766.

(4) In November 1994, the Ohio

Pharmacy Board provided DEA with a

captured prescription which indicated

that on October 20, 1994 [Dr. King] had

prescribed Restoril, a Schedule IV

controlled substance, to a patient

without being registered to do so, in

violation of 21 U.S.C. 841(a)(1) and

843(a)(3).’’

The Order to Show Cause also

notified Dr. King 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 the order was received

on August 19, 1997. No request for a

hearing or any other reply was received

by the DEA from Dr. King 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. King 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 C.F.R. 1301.43 (d) and (e)

and 1301.46.

The Acting Deputy Administrator

finds that subsequent to the issuance of

the Order to Show Cause, DEA learned

that by Order dated June 26, 1997, the

State Medical Board of Ohio (Board)

permanently revoked Dr. King’s license

to practice medicine and surgery in the

State of Ohio based upon inter alia, Dr.

King’s improper handling of controlled

substances. A letter from the Board to

DEA dated September 23, 1997,

indicates that Dr. King has appealed the

Board’s order, and that pending the

appeal, the Franklin County Court of

common Pleas granted Dr. King a partial

stay, ‘‘permitting him to perform

[Federal Aviation Administration] flight

physicals only.’’ The Acting Deputy

Administrator concludes that the partial

stay of the Board’s permanent

revocation of Dr. King’s medical license

does not extend to his handling of

controlled substances, and therefore, Dr.

King is not currently authorized to

handle controlled substances in the

State of Ohio.

The DEA does not have statutory

authority under the Controlled

Substances Act to issue or maintain a

registration if the application 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 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).

The Acting Deputy Administrator

concludes that Dr. King is not currently

authorized to handle controlled

substances in the State of Ohio, where

he has applied for registration with

DEA. Therefore, Dr. King is not entitled

to a DEA registration in that state. The

Acting Deputy Administrator further

concludes that since Dr. King is not

entitled to a DEA registration in Ohio,

it is unnecessary to address whether his

registration would be inconsistent with

the public interest, as alleged 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 C.F.R. 0.100(b) and

0.104, hereby orders that the

application, submitted by John Paul

King, M.D., on August 28, 1995, for a

DEA Certificate of Registration, be, and

it hereby is, denied. This order is

effective February 5, 1998.

Dated: December 24, 1997.

James S. Milford,

Acting Deputy Administrator.

[FR Doc. 98–146 Filed 1–5–98; 8:45 am]

BILLING CODE 4410–09–M

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[DEA Number 170M2]

Task Force on Suspicious Orders

Meeting

AGENCY: Drug Enforcement

Administration (DEA), Justice.

ACTION: Notice of meeting.

SUMMARY: Pursuant to Section 10(a)(2) of

the Federal Advisory Committee Act

(Pub. L. 92–463), as amended, notice is

hereby given that a meeting of the

Suspicious Orders Task Force will be

held on February 04–05, 1998. The

panel will meet from 9:00 a.m. to 5:00

p.m. both days at San Diego California

Federal Building, 880 Front Street, San

Diego, California. All proceedings will

be held in the Sixth Floor Auditorium.

This meeting will be open to the

public on a space available basis. Any

interested person may observe meetings

or portions thereof and shall be

permitted to participate in the

discussions at the discretion of the

meeting chairman and with the

approval of the full-time Designated

Federal Official (DFO) in attendance.

In addition to presenting limited

verbal statements, interested parties

shall be permitted to file written

statements with Task Force members.

Written statements will be taken at any

time during the meeting and distributed

to the Task Force as soon as feasible.

Presenters of written statements are

requested to provide 25 copies of the