Federal Register / Vol. 87, No. 113 / Monday, June 13, 2022 / Notices 35797 

10Here, although Respondent’s Continuing 

Medical Education efforts were in excess of what 

New Jersey required, RD, at 38 (citing Tr. 414–15; 

RX 1), Respondent has not sufficiently convinced 

the Agency that he has accepted responsibility and 

can be entrusted with a registration. 

11Respondent is credited for declining to pass 

blame to his former partner, given the animosity 

between the two. 

12Respondent’s actions were not ‘‘negligent,’’ nor 

were they mere ‘‘carelessness’’—they constitute 

criminal misconduct under New Jersey law. 

13Respondent submitted letters and character 

testimony. RX 5–18. The letters are of limited 

weight because the Agency has limited ability to 

assess their actual credibility. See Michael S. 

Moore, M.D., 76 FR 45,867, 45,873 (2011). They also 

do not appear to be written to recommend that 

Respondent be granted a registration and offer little 

value in assessing his suitability to discharge those 

duties. The character testimony is more relevant to 

the former partners’ relationship and is viewed with 

caution given the ALJ’s credibility findings. See RD, 

at 68–70. These references very minimally support 

Respondent’s potential for rehabilitation. 

application for a registration, the burden 

shifts to the respondent to show why he 

can be entrusted with the responsibility 

carried by a registration. Garret Howard 

Smith, M.D., 83 FR 18,882, 18,910 

(2018). When a registrant has committed 

acts inconsistent with the public 

interest, they must both accept 

responsibility and demonstrate they 

have undertaken corrective measures. 

Holiday CVS LLC dba CVS Pharmacy 

Nos 219 and 5195, 77 FR 62,316, 62,339 

(2012) (internal quotations omitted). 

Trust is necessarily a fact-dependent 

determination based on individual 

circumstances; therefore, the Agency 

looks at factors, such as the acceptance 

of responsibility and the credibility of 

that acceptance as it relates to the 

probability of repeat violations or 

behavior and the nature of the 

misconduct that forms the basis for 

sanction, while also considering the 

Agency’s interest in deterring similar 

acts. See, e.g., Robert Wayne Locklear, 

M.D., 86 FR 33,738, 33,746 (2021). 

When a registrant fails to make the 

threshold showing of acceptance of 

responsibility, the Agency need not 

address the registrant’s remedial 

measures.10 Daniel A. Glick, D.D.S., 80 

FR 74,800, 74,810 (2015). 

The Agency adopts the ALJ’s finding, 

that while Respondent testified that 

what he did was inappropriate and that 

he ‘‘wouldn’t do it again,’’ Tr. 458, he 

has not accepted full responsibility for 

his misconduct. RD, at 116. When asked 

about Dr. M’s responsibility, 

Respondent answered, ‘‘I think we were 

both negligent’’ and ‘‘it was carelessness 

on my part to even ask him.’’ Tr. 456, 

459.11 The Respondent’s 

characterizations of his misconduct 

minimized the seriousness of his 

actions. See Jeffrey Stein, M.D., 84 FR 

46,968, 46,972.12

Respondent was not ignorant to his 

misdeeds. He knew self-prescribing 

using his own DEA registration would 

raise suspicion at the pharmacy, Tr. 355, 

so he decided, based on his knowledge 

as a DEA registrant, to self-prescribe 

using Dr. M’s registration, presumably 

to evade detection. Respondent’s actions 

also do not reflect a momentary lapse in 

judgment. He used Dr. M’s registration 

to self-prescribe for over a year and a 

half. See Noah David, P.A., 87 FR 

21,165, 21,174 (2022); see also Garrett 

Howard Smith, M.D., 83 FR 18,882, 

18,910 (2018) (collecting cases) (‘‘The 

egregiousness and extent of the 

misconduct are significant factors in 

determining the appropriate sanction.’’) 

Therefore, as the ALJ stated, 

‘‘Respondent has lost a significant 

amount of trust and has failed to 

overcome that loss and demonstrate to 

the Agency that he can now be 

entrusted to maintain his [registration] 

in a lawful fashion.’’ RD, at 118.13

Furthermore, specific and general 

deterrence weigh in favor of denial of 

Respondent’s application. Daniel A. 

Glick, D.D.S., 80 FR at 74,810. Given the 

egregious nature of Respondent’s 

violations, a sanction less than denial 

would send a message to the current 

and prospective registrant community 

that compliance with core controlledsubstance legal principles is not a 

condition precedent to receiving and 

maintaining a DEA registration. 

As discussed above, to receive a 

registration when grounds for denial 

exist, a respondent must convince the 

Agency that his acceptance of 

responsibility and remorse are 

sufficiently credible to demonstrate that 

the misconduct will not reoccur and 

that he can be entrusted with a 

registration. Having reviewed the record 

in its entirety, the Agency finds that 

Respondent has not met this burden and 

orders the denial of the application for 

the certificate of registration at issue in 

this case, as contained in the Order 

below. 

However, in light of the passage of 

time since the surrender of his previous 

registration, if Respondent can 

demonstrate that he will reliably treat 

his controlled substances registration 

with the respect that such a 

responsibility deserves and requires 

under the law, the Agency is instructing 

the Government to consider such facts 

in assessing any new application. 

Order 

Pursuant to 28 CFR 0.100(b) and the 

authority vested in me by 21 U.S.C. 

823(f), I hereby deny DEA registration 

application No. W18122357C submitted 

by Gary Matusow, D.O. This Order is 

effective July 13, 2022. 

Signing Authority 

This document of the Drug 

Enforcement Administration was signed 

on June 6, 2022, by Administrator Anne 

Milgram. That document with the 

original signature and date is 

maintained by DEA. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DEA Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

DEA. This administrative process in no 

way alters the legal effect of this 

document upon publication in the 

Federal Register. 

Scott Brinks, 

Federal Register Liaison Officer, Drug 

Enforcement Administration. 

[FR Doc. 2022–12612 Filed 6–10–22; 8:45 am] 

BILLING CODE 4410–09–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2022–0001] 

Sunshine Act Meetings 

TIME AND DATE: Weeks of June 13, 20, 27, 

July 4, 11, 18, 2022. The schedule for 

Commission meetings is subject to 

change on short notice. The NRC 

Commission Meeting Schedule can be 

found on the internet at: https://

www.nrc.gov/public-involve/publicmeetings/schedule.html. 

PLACE: The NRC provides reasonable 

accommodation to individuals with 

disabilities where appropriate. If you 

need a reasonable accommodation to 

participate in these public meetings or 

need this meeting notice or the 

transcript or other information from the 

public meetings in another format (e.g., 

braille, large print), please notify Anne 

Silk, NRC Disability Program Specialist, 

at 301–287–0745, by videophone at 

240–428–3217, or by email at 

Anne.Silk@nrc.gov. Determinations on 

requests for reasonable accommodation 

will be made on a case-by-case basis. 

STATUS: Public. 

Members of the public may request to 

receive the information in these notices 

electronically. If you would like to be 

added to the distribution, please contact 

the Nuclear Regulatory Commission, 

Office of the Secretary, Washington, DC 

20555, at 301–415–1969, or by email at 

Wendy.Moore@nrc.gov or 

Betty.Thweatt@nrc.gov. 


khammond on DSKJM1Z7X2PROD with NOTICES
35798 Federal Register / Vol. 87, No. 113 / Monday, June 13, 2022 / Notices 

MATTERS TO BE CONSIDERED: 

Week of June 13, 2022 

Tuesday, June 14, 2022 

10 a.m. Briefing on Human Capital and 

Equal Employment Opportunity 

(Contact: Nicole Newton: 301–415– 

8316) 

Additional Information: The meeting 

will be held in the Commissioners’ 

Conference Room, 11555 Rockville Pike, 

Rockville, Maryland. The public is 

invited to attend the Commission’s 

meeting in person or watch live via 

webcast at the Web address—https://

video.nrc.gov/. 

Thursday, June 16, 2022 

10 a.m. Briefing on Results of the 

Agency Action Review Meeting 

(Contact: Nicole Fields: 630–829– 

9570) 

Additional Information: The meeting 

will be held in the Commissioners’ 

Conference Room, 11555 Rockville Pike, 

Rockville, Maryland. The public is 

invited to attend the Commission’s 

meeting in person or watch live via 

webcast at the Web address—https://

video.nrc.gov/. 

Week of June 20, 2022—Tentative 

There are no meetings scheduled for 

the week of June 20, 2022. 

Week of June 27, 2022—Tentative 

There are no meetings scheduled for 

the week of June 27, 2022. 

Week of July 4, 2022—Tentative 

There are no meetings scheduled for 

the week of July 4, 2022. 

Week of July 11, 2022—Tentative 

There are no meetings scheduled for 

the week of July 11, 2022. 

Week of July 18, 2022—Tentative 

Thursday, July 21, 2022 

9 a.m. Update on 10 CFR part 53 

Licensing and Regulation of 

Advanced Nuclear Reactors (Contact: 

Greg Oberson: 301–415–2183) 

Additional Information: The meeting 

will be held in the Commissioners’ 

Conference Room, 11555 Rockville Pike, 

Rockville, Maryland. The public is 

invited to attend the Commission’s 

meeting in person or watch live via 

webcast at the Web address—https://

video.nrc.gov/. 

CONTACT PERSON FOR MORE INFORMATION: 

For more information or to verify the 

status of meetings, contact Wesley Held 

at 301–287–3591 or via email at 

Wesley.Held@nrc.gov. 

The NRC is holding the meetings 

under the authority of the Government 

in the Sunshine Act, 5 U.S.C. 552b. 

Dated: June 9, 2022. 

For the Nuclear Regulatory Commission. 

Wesley W. Held, 

Policy Coordinator, Office of the Secretary. 

[FR Doc. 2022–12774 Filed 6–9–22; 11:15 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. NRC–2022–0119] 

Personnel Access Authorization 

Requirements for Non-Immigrant 

Foreign Nationals Working at Nuclear 

Power Plants 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Draft regulatory issue summary; 

request for comment. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is seeking public 

comment on a draft regulatory issue 

summary (RIS) that reminds licensees of 

the NRC requirement that prior to 

granting or reinstating unescorted access 

(UA) or certifying unescorted access 

authorization (UAA) to non-immigrant 

foreign nationals for the purpose of 

performing work, licensees shall 

validate that the foreign national’s 

claimed non-immigration status is 

correct. This is important to ensure that 

individuals to whom a licensee intends 

to grant UA to nuclear power plant 

protected or vital areas or any 

individual for whom a licensee or 

applicant intends to certify UAA, are 

trustworthy and reliable such that they 

do not constitute an unreasonable risk 

to public health and safety or the 

common defense and security, 

including the potential to commit 

radiological sabotage. 

DATES: Submit comments by August 12, 

2022. Comments received after this date 

will be considered if it is practical to do 

so, but the Commission is able to ensure 

consideration only for comments 

received on or before this date. 

ADDRESSES: You may submit comments 

by any of the following methods; 

however, the NRC encourages electronic 

comment submission through the 

Federal rulemaking website: 

• Federal rulemaking website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2022–0119. Address 

questions about Docket IDs in 

Regulations.gov to Stacy Schumann; 

telephone: 301–415–0624; email: 

Stacy.Schumann@nrc.gov. For technical 

questions, contact the individual listed 

in the FOR FURTHER INFORMATION

CONTACT section of this document. 

• Mail comments to: Office of 

Administration, Mail Stop: TWFN–7– 

A60M, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, ATTN: Program Management, 

Announcements and Editing Staff. 

For additional direction on obtaining 

information and submitting comments, 

see ‘‘Obtaining Information and 

Submitting Comments’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Mark Resner, Office of Nuclear Security 

and Incident Response, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone: 301–287– 

3680, email: Mark.Resner@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and 

Submitting Comments 

A. Obtaining Information 

Please refer to Docket ID NRC–2022– 

0119 when contacting the NRC about 

the availability of information for this 

action. You may obtain publicly 

available information related to this 

action by any of the following methods: 

• Federal Rulemaking Website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2022–0119. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publicly 

available documents online in the 

ADAMS Public Documents collection at 

https://www.nrc.gov/reading-rm/ 

adams.html. To begin the search, select 

‘‘Begin Web-based ADAMS Search.’’ For 

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209, 301– 

415–4737, or by email to 

PDR.Resource@nrc.gov. The Regulatory 

Issue Summary 2022–XX, ‘‘Personnel 

Access Authorization Requirements for 

Non-Immigrant Foreign Nationals 

Working at Nuclear Power Plants,’’ is 

available in ADAMS under Accession 

No. ML22157A366. 

• NRC’s PDR: You may examine and 

purchase copies of public documents, 

by appointment, at the NRC’s PDR, 

Room P1 B35, One White Flint North, 

11555 Rockville Pike, Rockville, 

Maryland 20852. To make an 

appointment to visit the PDR, please 

send an email to PDR.Resource@nrc.gov 

or call 1–800–397–4209 or 301–415– 

4737, between 8:00 a.m. and 4:00 p.m. 

Eastern Time (ET), Monday through 

Friday, except Federal holidays. 


khammond on DSKJM1Z7X2PROD with NOTICES