Federal Register / Vol. 87, No. 96 / Wednesday, May 18, 2022 / Notices 30265 

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. 

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. 

3621’’) 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: May 22, 2022. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2022–10607 Filed 5–17–22; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Bureau of Alcohol, Tobacco, Firearms 

and Explosives 

[OMB Number 1140z—NEW] 

Agency Information Collection 

Activities; Proposed eCollection of 

eComments Requested; Personal 

Identity Verification—ATF Form 

8620.40 

AGENCY: Bureau of Alcohol, Tobacco, 

Firearms and Explosives, Department of 

Justice. 

ACTION: 30-day notice. 

SUMMARY: The Bureau of Alcohol, 

Tobacco, Firearms and Explosives 

(ATF), Department of Justice (DOJ) will 

submit the following information 

collection request to the Office of 

Management and Budget (OMB) for 

review and approval in accordance with 

the Paperwork Reduction Act of 1995. 

DATES: Comments are encouraged and 

will be accepted for an additional 30 

days until June 17, 2022. 

ADDRESSES: Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to www.reginfo.gov/public/do/ 

PRAMain. Find this particular 

information collection by selecting 

‘‘Currently under 30-day Review—Open 

for Public Comments’’ or by using the 

search function. 

SUPPLEMENTARY INFORMATION: Written 

comments and suggestions from the 

public and affected agencies concerning 

the proposed collection of information 

are encouraged. Your comments should 

address one or more of the following 

four points: 

—Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

—Evaluate the accuracy of the agency’s 

estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

—Evaluate whether and, if so, how the 

quality, utility, and clarity of the 

information to be collected can be 

enhanced; and 

—Minimize the burden of the collection 

of information on those who are to 

respond, including through the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms 

of information technology, e.g., 

permitting electronic submission of 

responses. 

Overview of This Information 

Collection 

(1) Type of Information Collection: 

New Collection. 

(2) The Title of the Form/Collection: 

Personal Identity Verification. 

(3) The agency form number, if any, 

and the applicable component of the 

Department sponsoring the collection: 

Form number: ATF Form 8620.40. 

Component: Bureau of Alcohol, 

Tobacco, Firearms and Explosives, U.S. 

Department of Justice. 

(4) Affected public who will be asked 

or required to respond, as well as a brief 

abstract: 

Primary: Individuals or households. 

Other: None. 

Abstract: The Personal Identity 

Verification—ATF Form 8620.40 will be 

used to document identifying and 

citizenship information of a candidate 

for employment at the Bureau of 

Alcohol, Tobacco, Firearms and 

Explosives. 

(5) An estimate of the total number of 

respondents and the amount of time 


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30266 Federal Register / Vol. 87, No. 96 / Wednesday, May 18, 2022 / Notices 

1The RD proposes, if I were considering granting 

Applicant’s application, that I limit Applicant’s 

authority to Schedule V. RD, at 142 n.35. 

estimated for an average respondent to 

respond: An estimated 2,000 

respondents will provide information to 

complete this form once annually, and 

it will take approximately 5 minutes to 

complete the form. 

(6) An estimate of the total public 

burden (in hours) associated with the 

collection: The estimated annual public 

burden associated with this collection is 

167 hours, which is equal to 2,000 (total 

respondents) * 1 (# of response per 

respondent) * .833333 (5 minutes or the 

time taken to prepare each response). 

If additional information is required 

contact: Melody Braswell, Department 

Clearance Officer, United States 

Department of Justice, Justice 

Management Division, Policy and 

Planning Staff, Two Constitution 

Square, 145 N Street NE, Mail Stop 3.E– 

405A, Washington, DC 20530. 

Dated: May 13, 2022. 

Melody Braswell, 

Department Clearance Officer for PRA, U.S. 

Department of Justice. 

[FR Doc. 2022–10655 Filed 5–17–22; 8:45 am] 

BILLING CODE 4410–FY–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

[Docket No. 19–31] 

Eric David Thomas, M.D.; Denial of 

Application 

I. Introduction 

On March 25, 2020, a former Assistant 

Administrator, Diversion Control 

Division, Drug Enforcement 

Administration (hereinafter, DEA or 

Government), issued an Order to Show 

Cause (hereinafter, OSC) to Eric David 

Thomas, M.D., (hereinafter, Applicant) 

of Helena, Montana. OSC, at 1. The OSC 

proposed the denial of Applicant’s DEA 

registration application No. 

W18015986C and ‘‘any other 

application(s) for a DEA registration’’ on 

the grounds that he ‘‘materially 

falsified’’ that application ‘‘in violation 

of 21 U.S.C. 824(a)(1),’’ and ‘‘also 

pursuant to 21 U.S.C. 824(a)(4) and 

823(f),’’ alleging that his being registered 

‘‘would be inconsistent with the public 

interest as that term is defined in 21 

U.S.C. 823(f) for violations of applicable 

Federal Law.’’ Id. 

The substantive grounds for the 

proceeding, as more specifically alleged 

in the OSC, are, first, that Applicant’s 

DEA registration application No. 

W18015986C ‘‘does not set forth that 

. . . [he] previously surrendered . . . 

[his registration] No. FT2321797 for 

cause’’ even though he was ‘‘aware of 

that fact, as evidenced by . . . [his] 

agreement to surrender . . . [it] by 

signing and dating a Form DEA–104 on 

or about May 20, 2015.’’ Id. at 5. The 

second substantive ground alleged in 

the OSC is that, although he did not 

have authority from DEA or New Jersey, 

Applicant issued at least eleven 

controlled substance prescriptions 

between about June 2, 2015, and August 

17, 2015. Id. at 5–7 (citing 21 U.S.C. 

822(a)(2), 841(a)(1), 843(a)(2), 802(10) 

and 21 CFR 1306.03(a)(2)). The third 

substantive ground alleged in the OSC 

is lack of candor based on Applicant’s 

alleged provision of ‘‘false or misleading 

statements’’ and alleged ‘‘fail[ure] to 

answer questions candidly’’ in 

‘‘multiple conversations and interviews 

with DEA personnel,’’ and the 

submission of another, subsequently 

withdrawn, ‘‘falsified’’ registration 

application (No. W16055629C) to DEA. 

Id. at 7–10 (citing prior Agency 

decisions and 21 U.S.C. 824(a)(1)). 

The OSC notified Applicant of his 

right to request a hearing on the 

allegations or to submit a written 

statement while waiving his right to a 

hearing, the procedures for electing each 

option, and the consequences for failing 

to elect either option. Id. at 10–11 

(citing 21 CFR 1301.43). The OSC also 

notified Applicant of the opportunity to 

file a corrective action plan (hereinafter, 

CAP). Id. at 11–12 (citing 21 U.S.C. 

824(c)(2)(C)). 

Applicant requested a hearing. 

Request for Hearing for ‘‘Eric Robert 

Thomas, MD,’’ dated March 30, 2020; 

see also Order for Prehearing Statements 

dated March 31, 2020, at 1 (regarding 

‘‘Eric Thomas, M.D.’’). The matter was 

placed on the docket of the Office of 

Administrative Law Judges and assigned 

to Administrative Law Judge 

(hereinafter, ALJ) Mark M. Dowd. The 

hearing took place by video 

teleconference from the DEA Hearing 

Facility in Arlington, Virginia from June 

15, 2020 through June 17, 2020. See 

Transcript (hereinafter, Tr.) 4. 

The ALJ’s Recommended Rulings, 

Findings of Fact, Conclusions of Law, 

and Decision of the Administrative Law 

Judge (hereinafter, RD) is dated 

September 29, 2020. The RD notes 

thirty-eight stipulations agreed upon by 

the parties and includes them in its 

found facts. RD, at 91–96; infra, section 

II.A. The RD finds that Applicant 

materially falsified his DEA registration 

application, prescribed controlled 

substances without an active DEA 

registration on eleven occasions, and 

exhibited a lack of candor during DEA’s 

investigation and during the proceeding, 

thus concluding that it would be 

inconsistent with the public interest for 

me to grant Applicant’s pending DEA 

registration application.1 RD, at 138–42 

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

Applicant filed exceptions to the RD. 

[Applicant’s] Exceptions to Decision of 

September 29, 2020 dated October 19, 

2020 (hereinafter, Appl Exceptions). 

The Government sought, and eventually 

received, leave to respond to Appl 

Exceptions. Government’s Responses to 

[Applicant’s] Exceptions to 

Recommended Decision, Findings of 

Fact, and Conclusions of Law dated 

October 29, 2020 (hereinafter, Govt 

Exceptions). 

Having considered the record in its 

entirety, I conclude that the Government 

failed to establish by clear, unequivocal, 

and convincing evidence that Applicant 

violated 21 U.S.C. 824(a)(1). I further 

conclude that there is uncontroverted, 

substantial record evidence, including 

Applicant’s admission, that Applicant 

issued eleven controlled substance 

prescriptions when he had neither 

federal nor state authority to do so. I 

also conclude that the record evidence 

about whether Applicant exhibited 

candor in his interactions with the 

Agency and Agency investigators is not 

conclusive and, accordingly, that the 

record does not include substantial 

evidence of Applicant’s OSC-alleged 

lack of candor. 

I conclude, based on the entire record 

before me, that Applicant did not 

unequivocally accept responsibility for 

the egregious violations of prescribing 

controlled substances eleven times 

when he lacked federal and state 

authority to do so. Accordingly, based 

on the entire record before me, I decline 

to entrust Applicant with a DEA 

registration at this time and I deny DEA 

registration application No. 

W18015986C. 

I set out the parties’ stipulations of 

fact, adopting them as the ALJ 

recommended, and I make additional 

findings. 

II. Findings of Fact 

A. Stipulations of Fact 

As already discussed, the parties 

agreed to thirty-eight stipulations of 

fact. The ALJ recommended that they be 

accepted as fact. I agree and I adopt as 

fact the parties’ thirty-eight stipulations 

of fact, copied verbatim below. RD, at 

91. 

1. [Applicant] was licensed in the 

State of New Jersey, Medical License 

No. 25MA08851700. 

2. [Applicant’s] New Jersey medical 

license, License No. 25MA08851700, 


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