39614 Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Notices 

personal identifying information in your 

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While you may ask us in your comment 

to withhold your personal identifying 

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cannot guarantee that we will be able to 

do so. 

John Mahoney, 

Senior Policy Advisor, Federal Geographic 

Data Committee. 

[FR Doc. 2017–17561 Filed 8–18–17; 8:45 am] 

BILLING CODE 4338–11–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

[Docket No. 13–39] 

Masters Pharmaceutical, Inc.; Order 

On August 14, 2017, the United States 

Court of Appeals for the District of 

Columbia Circuit granted the Agency’s 

motion to dissolve the stay of my Order 

of September 8, 2015, revoking DEA 

Certificate of Registration No. 

RD0277409 issued to Masters 

Pharmaceutical, Inc. See Masters 

Pharmaceutical, Inc., v. Drug 

Enforcement Administration, No. 15– 

1335 (D.C. Cir. Aug. 14, 2017) (Order). 

Accordingly, I order that DEA 

Certificate of Registration No. 

RD0277409 issued to Masters 

Pharmaceutical, Inc., be, and it hereby 

is, revoked. I further order that any 

application of Masters Pharmaceutical, 

Inc., to renew or modify this 

registration, be, and it hereby is, denied. 

This Order is effective at 12:01 a.m. on 

August 16, 2017. 

Dated: August 15, 2017. 

Chuck Rosenberg, 

Acting Administrator. 

[FR Doc. 2017–17638 Filed 8–18–17; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

[Docket No. 17–17] 

Arnold E. Feldman, M.D.; Decision and 

Order 

On January 24, 2017, the Assistant 

Administrator, Diversion Control 

Division, issued an Order to Show 

Cause to Arnold E. Feldman, M.D. 

(Respondent), of Baton Rouge, 

Louisiana. The Show Cause Order 

proposed the revocation of 

Respondent’s DEA Certificate of 

Registration No. BF4179203, and the 

denial of his application for a 

registration, on the ground that he 

‘‘do[es] not have authority to handle 

controlled substances in the State of 

Louisiana, the [S]tate in which [he is] 

registered . . . and [is] applying’’ for 

registration. Show Cause Order, at 1. 

As to the jurisdictional basis for the 

proceeding, the Show Cause Order 

alleged that Respondent is ‘‘registered 

. . . as a data-waived/100 practitioner 

in [s]chedules II–V pursuant to 

[Registration No.] BF4179203 with a 

registered address at 505 East Airport 

[Blvd.], Baton Rouge, Louisiana,’’ and 

that this registration does not expire 

until ‘‘September 30, 2018.’’ Id. The 

Order also alleged that ‘‘[o]n July 31, 

2013, [Respondent] applied for a 

separate . . . [r]egistration as a 

practitioner in [s]chedules II–V with a 

registered address of 505 East Airport 

[Blvd.], Baton Rouge, Louisiana.’’ Id. 

As to the substantive ground for the 

proceeding, the Show Cause Order 

alleged that Respondent’s ‘‘[a]uthority to 

prescribe and administer controlled 

substances in the State of Louisiana was 

suspended effective October 19, 2016.’’ 

Id. at 2. The Order then asserted that as 

a consequence of Respondent’s ‘‘lack of 

authority to handle controlled 

substances in the State of Louisiana,’’ 

Respondent’s registration is subject to 

revocation and his application must be 

denied. Id. 

The Show Cause Order notified 

Respondent of his right to request a 

hearing on the allegation or to submit a 

written statement while waiving his 

right to a hearing and the procedure for 

electing either option. Id. (citing 21 CFR 

1301.43). In addition, the Order notified 

Respondent of his right to submit a 

corrective action plan pursuant to 21 

U.S.C. 824(c)(2)(C). Id. at 2–3. 

On February 23, 2017, Respondent 

requested a hearing on the allegation. 

Letter from Respondent to Hearing 

Clerk, Office of Administrative Law 

Judges (Feb. 23, 2017). The same day, 

the matter was assigned to 

Administrative Law Judge Charles Wm. 

Dorman (hereinafter, ALJ), who issued 

an order (also on Feb. 23) directing the 

Government to file evidence supporting 

the allegation by March 10, 2017 at 2 

p.m., as well any motion for summary 

disposition. Briefing Schedule For Lack 

Of State Authority Allegations, at 1. The 

ALJ’s order also provided that if the 

Government moved for summary 

disposition, Respondent’s opposition 

was due by March 24, 2017 at 2 p.m. Id. 

The next day, Respondent emailed the 

ALJ’s law clerk seeking a continuance in 

order to engage counsel. Email from 

Respondent to ALJ’s law clerk (Feb. 24, 

2017). Respondent explained that he 

was seeking the continuance because ‘‘I 

have court cases pending in multiple 

jurisdictions including a Mar 16 

hearing, a Mar 20 hearing in Mississippi 

and appeals in Louisiana and 

Mississippi and California.’’ Id. 

Respondent subsequently sought ‘‘ ‘a 

continuance of at least 120 days’ due to 

constant court appearances in 

Louisiana, Mississippi, and California.’’ 

Order Denying The Respondent’s 

Request For Continuance, at 1 (Feb. 27, 

2017). Noting that his Briefing Schedule 

order ‘‘provided the Respondent [with] 

a date to respond, if the government files 

such a motion,’’ the ALJ reasoned that 

‘‘[b]ecause the government ha[d] not 

filed a motion for summary disposition 

. . . Respondent’s request . . . is 

premature.’’ Id. 

On March 2, 2017, the Government 

filed its Motion for Summary 

Disposition. As support for its motion, 

the Government provided: (1) A copy of 

Respondent’s registration; (2) his July 

30, 2013 application for registration as 

a hospital/clinic; (3) the Decision and 

Order of the Louisiana State Board of 

Medical Examiners (Aug. 15, 2016) 

which ordered the suspension of his 

medical license for a period of two years 

to begin 30 days from the date of the 

Order, and a subsequent Order of the 

Board (Sept. 13, 2016), which extended 

the commencement of the suspension 

until October 14, 2016; (4) a copy of a 

judgment issued by the Civil District 

Court for the Parish of Orleans which 

stayed the Board’s Order from October 

14, 2016 through October 19, 2016 and 

further ordered the Board to ‘‘show 

cause’’ as to ‘‘why the stay should not 

continue’’; and (5) a Declaration of a 

Diversion Investigator as to various 

matters, including that the Board’s 

Order had gone into effect on October 

19, 2016. Mot. for Summ. Disp., at 

Appendix A–E. 

On March 10, 2017, counsel for 

Respondent entered a notice of 

appearance. On March 23, 2017, 

Respondent filed his Reply to the 

Government’s Motion. 

Therein, ‘‘Respondent 

acknowledge[d] that his license to 

practice medicine in . . . Louisiana has 

been suspended in accordance with the 

. . . Board of Medical Examiners’ 

Order.’’ Resp. Reply, at 1. Respondent 

contended, however, ‘‘that there are 

material questions of fact and law that 

require resolution in a plenary, 

evidentiary proceeding.’’ 

According to Respondent, these issues 

were that he possesses ‘‘an active and 

unrestricted’’ license to practice 

medicine in Alabama and ‘‘a full and 

unrestricted Alabama Controlled 


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