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
Federal Register / Vol. 63, No. 3 / Tuesday, January 6, 1998 / Notices 575

statement to expedite distribution to the

Task Force members. If the presenter

does not/can not provide the requested

copies, the DFO will arrange for the

copies and the Task Force will consider

the statement when the copies are

available. Verbal comments may be

limited in time by the DFO to insure

adequate opportunity for testimony by

as many presenters as possible. Any

person wishing to submit agenda items

or desiring to present formal testimony

should contact the DFO at least ten (10)

days prior to the meeting.

DATES: February 4, 5, 1998.

FOR FURTHER INFORMATION CONTACT:

Michael Leser, Program Analyst, Liaison

and Policy Section, Office of Diversion

Control, Drug Enforcement

Administration, Washington, D.C.

20537, Telephone (202) 307–4026,

Facsimile (202) 307–8570.

SUPPLEMENTARY INFORMATION: If you

need special accommodations due to a

disability, please contact the Office of

Diversion Control, Drug Enforcement

Administration, 600 Army Navy Drive,

Arlington, Virginia, 22202, (202) 307–

4026 at least seven (7) days prior to the

meeting.

Dated: December 30, 1997.

John H. King,

Deputy Assistant Administrator, Office of

Diversion Control.

[FR Doc. 98–147 Filed 1–5–98; 8:45 am]

BILLING CODE 4410–09–M

DEPARTMENT OF LABOR

Employment and Training

Administration

Investigations Regarding Certifications

of Eligibility to Apply for Worker

Adjustment Assistance

Petitions have been filed with the

Secretary of Labor under Section 221 (a)

of the Trade Act of 1974 (‘‘the Act’’) and

are identified in the Appendix to this

notice. Upon receipt of these petitions,

the Acting Director of the Office of

Trade Adjustment Assistance,

Employment and Training

Administration, has instituted

investigations pursuant to Section 221

(a) of the Act.

The purpose of each of the

investigations is to determine whether

the workers are eligible to apply for

adjustment assistance under Title II,

Chapter 2, of the Act. The investigations

will further relate, as appropriate, to the

determination of the date on which total

or partial separations began or

threatened to begin and the subdivision

of the firm involved.

The petitioners or any other persons

showing a substantial interest in the

subject matter of the investigations may

request a public hearing, provided such

request is filed in writing with the

Acting Director, Office of Trade

Adjustment Assistance, at the address

shown below, not later than January 16,

1998.

Interested persons are invited to

submit written comments regarding the

subject matter of the investigations to

the Acting Director, Office of Trade

Adjustment Assistance, at the address

shown below, not later than January 16,

1998.

The petitions filed in this case are

available for inspection at the Office of

the Acting Director, Office of Trade

Adjustment Assistance, Employment

and Training Administration, U.S.

Department of Labor, 200 Constitution

Avenue, N.W., Washington, D.C. 20210.

Signed at Washington, D.C. this 8th day of

December, 1997.

Grant D. Beale,

Acting Director, Office of the Trade

Adjustment Assistance.

APPENDIX

[Petitions Instituted On 12/08/97]

TA–W Subject firm (petitioners) Location Date of

petition Product(s)

34,062 ..... Can Corp. of America (Wkrs) ........................ Blandon, PA ................ 11/01/97 Metal Cans.

34,063 ..... Giorgio Foods, Inc (Co.) ................................ Temple, PA ................. 11/01/97 Process Mushrooms.

34,064 ..... Masco (Wkrs) ................................................. Jacksboro, TN ............. 11/22/97 Grills, Register & Diffusers—Heat & Air.

34,065 ..... General Workers Corp (Wkrs) ....................... Albany, GA .................. 11/17/97 Automotive Generators.

34,066 ..... Johnstown Wire Tech. (Wkrs) ....................... Buffalo, NY .................. 11/24/97 Wire Coils.

34,067 ..... Duracell North Atlantic (Wkrs) ....................... Waterbury, CT ............. 11/21/97 Rechargeable Batteries.

34,068 ..... International Wire (Co.) .................................. Bourbon, IN ................. 11/07/97 Automotive PVC Insulation Wire.

34,069 ..... Franklin Disposables (Wkrs) .......................... Columbus, OH ............ 11/24/97 Hair nets and Beard Restraints.

34,070 ..... American Fabrics (The) (Wkrs) ..................... Picayune, MS .............. 11/18/97 Tablecloths, Curtains.

34,071 ..... Kessler Industries, Inc (Co.) .......................... El Paso, TX ................. 11/06/97 Metal Furniture.

34,072 ..... Greenfield Industries (Co.) ............................. South Deerfield, MA .... 11/26/97 Lawn Tools, Drill Bits.

34,073 ..... Greenfield Industries (Co.) ............................. Anaheim, CA ............... 11/26/97 Lawn Tools.

34,074 ..... Greenfield Industries (Co.) ............................. Greensboro, NC .......... 11/26/97 Lawn Tools, Drill Bits.

34,075 ..... Sutersville Lumber (Wkrs) ............................. Sutersville, PA ............. 11/26/97 Window and Door Units.

34,076 ..... Hanes Printables (Co.) .................................. Maxton, SC ................. 11/24/97 Men’s & Boys’ T-Shirts.

34,077 ..... Pikes Peak Greenhouse (Co.) ....................... Colorado Spring, CO .. 12/02/97 Flowers.

[FR Doc. 98–186 Filed 1–5–98; 8:45 am]

BILLING CODE 4510–30–M

DEPARTMENT OF LABOR

Employment and Training

Administration

Investigations Regarding Certifications

of Eligibility To Apply for Worker

Adjustment Assistance

Petitions have been filed with the

Secretary of Labor under Section 221(a)

of the Trade Act of 1974 (‘‘the Act’’) and

are identified in the Appendix to this

notice. Upon receipt of these petitions,

the Acting Director of the Office of

Trade Adjustment Assistance,

Employment and Training

Administration, has instituted

investigations pursuant to Section 221

(a) of the Act.

The purpose of each of the

investigations is to determine whether

the workers are eligible to apply for

adjustment assistance under Title II,