AUTHENTICATED
`US, GOVERNMENT
`INFORMATION
`GPa,
`
`Federal Register/Vol. 89, No. 197/Thursday, October 10, 2024/ Notices
`
`Issued: October 4, 2024.
`Lisa Barton,
`Secretary to the Commission.
`[FR Doc. 2024-23402 Filed 10-9—24; 8:45 am]
`BILLING CODE 7020-02-P
`
`
`INTERNATIONAL TRADE
`COMMISSION
`
`Notice of Receipt of Complaint;
`Solicitation of CommentsRelating to
`the Public Interest
`
`AGENCY: U.S. International Trade
`Commission.
`ACTION: Notice.
`
`SUMMARY:Notice is hereby given that
`the U.S. International Trade
`Commission has received a complaint
`entitled Certain Crafting Machines and
`Components Thereof, DN 3774; the
`Commissionis soliciting comments on
`any public interest issues raised by the
`complaint or complainant’s filing
`pursuant to the Commission’s Rules of
`Practice and Procedure.
`FOR FURTHER INFORMATION CONTACT: Lisa
`R. Barton, Secretary to the Commission,
`U.S. International Trade Commission,
`500 E Street SW, Washington, DC
`20436, telephone (202) 205-2000. The
`public version of the complaint can be
`accessed on the Commission’s
`Electronic DocumentInformation
`System (EDIS) at hitps://edis.usitc.gov.
`For help accessing EDIS, please email
`EDIS3Help@usitc.gov.
`General information concerning the
`Commission may also be obtained by
`accessingits internet server at United
`States International Trade Commission
`(USITC)at hitps://www.usitc.gov . The
`public record for this investigation may
`be viewed on the Commission’s
`Electronic DocumentInformation
`System (EDIS) at hitps://edis.usitc.gov.
`Hearing-impaired persons are advised
`that information on this matter can be
`obtained by contacting the
`Commission’s TDD terminal on (202)
`205-1810.
`SUPPLEMENTARYINFORMATION: The
`Commission has received a complaint
`and a submission pursuantto § 210.8(b)
`of the Commission’s Rules of Practice
`and Procedurefiled on behalf of Cricut,
`Inc. on October 4, 2024. The complaint
`alleges violations of section 337 of the
`Tariff Act of 1930 (19 U.S.C. 1337) in
`the importation into the United States,
`the sale for importation, and the sale
`within the United States after
`importation of certain crafting machines
`and components thereof. The complaint
`namesas respondents: Hunan Sijiu
`Technology, Co. Ltd. of China; Hunan
`Sijiu Electronic Technology Co., Ltd. of
`
`China; Guangdong Rongtu Technology
`Co., Ltd. of China; LiPing Zhan of
`China; SainStore Technology Co., Ltd of
`China; Shanghai Sishun E-commerce
`Co., Ltd. of China; Shanghai Sishun Co.,
`Ltd. of China; Bozhou Wanxingyu
`Technology Co. Ltd. of China; Bozhou
`Zhongdaxiang Technology Co., Ltd. of
`China; and Wuyi Bohai Electric Tools
`Co., Ltd. of China. The complainant
`requests that the Commission issue a
`limited exclusion order, a general
`exclusion order, cease and desist orders,
`and impose a bond upon respondents’
`alleged infringing articles during the 60-
`day Presidential review period pursuant
`to 19 U.S.C. 1337(j).
`Proposed respondents, other
`interested parties, membersof the
`public, and interested government
`agencies are invited to file comments on
`any public interest issues raised by the
`complaint or § 210.8(b) filing.
`Comments should address whether
`issuanceofthe relief specifically
`requested by the complainantin this
`investigation would affect the public
`health and welfare in the United States,
`competitive conditions in the United
`States economy, the production oflike
`or directly competitive articles in the
`United States, or United States
`consumers.
`In particular, the Commission is
`interested in commentsthat:
`(i) explain how thearticles potentially
`subject to the requested remedial orders
`are used in the United States;
`(ii) identify any public health,safety,
`or welfare concernsin the United States
`relating to the requested remedial
`orders;
`(iii) identify like or directly
`competitive articles that complainant,
`its licensees, or third parties make in the
`United States which could replace the
`subjectarticles if they were to be
`excluded;
`(iv) indicate whether complainant,
`complainant’s licensees, and/or third
`party suppliers have the capacity to
`replace the volumeofarticles
`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 mustbefiled 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
`commenton the public interest after the
`issuanceof anyfinal initial
`determination in this investigation. Any
`written submissions on other issues
`
`mustalso be filed by no later than the
`close of business, eight calendar days
`after publication of this notice in the
`Federal Register. Complainant mayfile
`replies to any written submissions no
`later than three calendar daysafter the
`date on which anyinitial submissions
`were due, notwithstanding § 201.14(a)
`of the Commission’s Rules of Practice
`and Procedure. No other submissions
`will be accepted, unless requested by
`the Commission. Any submissions and
`replies filed in responseto this Notice
`are limited to five (5) pages in length,
`inclusive of attachments.
`
`Personsfiling written submissions
`mustfile the original document
`electronically on or before the deadlines
`stated above. Submissions should refer
`to the docket number(“‘Docket No.
`3774’) in a prominent place on the
`cover page and/orthefirst page. (See
`Handbookfor 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, hitps://
`edis.usitc.gov.) No in-person paper-
`basedfilings or paper copies of any
`electronic filings will be accepted until
`further notice. Persons with questions
`regarding filing should contact the
`Secretary at EDIS3Help@usiic.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 includea full
`statementof the reasons why the
`Commission should grant such
`treatment. See 19 CFR 201.6. Documents
`for which confidential treatment by the
`Commission is properly soughtwill be
`treated accordingly. All information,
`including confidential business
`information and documents for which
`confidential treatment is properly
`sought, submitted to the Commission for
`purposesofthis 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 evaluationsrelating 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
`
`1Handbookfor Electronic Filing Procedures:
`https://www.usitc.gov/documents/handbook_on_
`filing_procedures.pdf.
`
`

`

`82259
`Federal Register/Vol. 89, No. 197/Thursday, October 10, 2024/ Notices
`
`personnel,? 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 underthe
`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: October 7, 2024.
`Lisa Barton,
`Secretary to the Commission.
`[FR Doc. 2024-23444 Filed 10-9-24; 8:45 am]
`BILLING CODE 7020-02-P
`
`
`DEPARTMENTOF JUSTICE
`
`Drug Enforcement Administration
`
`Salman Akbar, M.D.; Decision and
`Order
`
`On January 27, 2023, the Drug
`Enforcement Administration (DEA or
`Government) issued an Order to Show
`Cause (OSC) to Salman Akbar, M.D., of
`Richmond, Virginia (Applicant).
`Request for Final Agency Action
`(RFAA), Exhibit (RFAAX) 1, Attachment
`E, at 1, 4. The OSC proposed the denial
`of Applicant’s application for a DEA
`Certificate of Registration (registration),
`Control No. W22109452C,alleging that
`Applicant has committed acts that
`wouldrenderhisregistration
`inconsistent with the public interest. Id.
`at 1, 2 (citing 21 U.S.C. 823(g)(1},2
`824(a)(4) 2).
`The OSC notified Applicant of his
`tight to file with DEA a written request
`for hearing, and thatif he failedto file
`such a request, he would be deemed to
`have waivedhis right to a hearing and
`be in default. Id. at 2 (citing 21 CFR
`1301.43). Here, Applicantfiled a timely
`
`2 All contract personnel will sign appropriate
`nondisclosure agreements.
`3Electronic Document Information System
`(EDIS): https://edis.usitc.gov
`1Effective December 2, 2022, the Medical
`Marijuana and Cannabidiol Research Expansion
`Act, Pub. L. 117-215, 136 Stat. 2257 (2022)
`(Marijuana Research Amendments or MRA),
`amendedthe Controlled Substances Act (CSA) and
`other statutes. Relevant to this matter, the MRA
`redesignated 21 U.S.C. 823(f), cited in the OSC,as
`21 U.S.C. 823(g)(1). Accordingly, this Decision cites
`to the current designation, 21 U.S.C. 823(g)(1), and
`to the MRA-amended CSA throughout.
`2Prior Agency decisions have addressed whether
`it is appropriate to consider a provision of 21 U.S.C.
`824(a) when determining whetherto grant a
`practitionerregistration application. For over forty-
`five years, Agency decisions have concludedthatit
`is. Robert Wayne Locklear, M.D., 86 FR 33738,
`3374445 (2021) (collecting cases); see also Dinorah
`Drug Store, Inc., 61 FR 15972, 15973—74 (1996).
`
`answerand request for hearing on
`February 28, 2023,3 but ultimately
`withdrew his request for hearing on
`March 27, 2023. See RFAAX 1,
`Attachment F.4 On March 27, 2023,
`Chief Administrative Law Judge John J.
`Mulrooney,II, (the Chief ALJ) issued a
`Termination Order that terminated the
`proceedings. 21 CFR 1301.43(c)
`. .a
`providesthat, “‘[iJn the event.
`person who hasrequested a hearingfails
`to plead.
`.
`. or otherwise defend, said
`party shall be deemedto be in default
`... .” By voluntarily withdrawing his
`hearing request, Respondent “‘fail[ed] to
`.
`. otherwise defend.” 21 CFR
`1301.43(c). Accordingly, Respondentis
`“deemedto be in default.” Id.; Default
`Provisions for Hearing Proceedings
`Relating to the Revocation, Suspension,
`or Denial of a Registration, 87 FR 68036
`(Nov. 14, 2022).5 See RFAAX 1,
`AttachmentG.“A default, unless
`excused, shall be deemedto constitute
`a waiverofthe registrant’s/applicant’s
`right to a hearing and an admission of
`the factual allegations of the [OSC].” 21
`CFR 1301.43(e).
`Further, ‘‘[iJn the event that a
`[registrant/applicant].
`.
`. is deemed to
`be in default.
`.
`. DEA may thenfile a
`requestfor final agency action with the
`Administrator, along with a record to
`support its request. In such
`circumstances, the Administrator may
`enter a default final order pursuantto
`[21 CFR] § 1316.67.” Id. §1301.43(f)(1).
`Here, the Governmenthas requested
`final agency action based on Applicant’s
`default pursuant to 21 CFR 1301.43(c),
`(d), 1301.46. RFAA,at 1; see also 21
`CFR 1316.67.
`
`I. Findings of Fact
`The Agencyfindsthat, in light of
`Applicant’s default, the factual
`allegations in the OSC are admitted.
`Applicant is deemed to have admitted
`
`3 Based on the Government’s submissionsin its
`RFAA datedJuly 3, 2023, the Agency finds that
`service of the OSC on Applicant was adequate.
`Specifically, the included Declaration of a DEA
`Diversion Investigator indicates that on January 30,
`2023, Applicant was personally served with the
`OSC. RFAAX1, at 2.
`4Within the document where Applicant
`withdrew his request for hearing, Applicant’s
`counsel indicated that Applicant would “continue
`with the Corrective Action Plan route that was
`parallelto thelitigation path, but unrelated to the
`hearing.”Id.at 1.
`5 See also 21 CFR 1301.43(£)(3) (‘A party held to
`be in default may moveto set aside a default final
`order issued by the Administrator by filing a motion
`nolater than 30 days from the day of issuance by
`the Administrator of a default final order. Any such
`motion shall be granted only upon a showing of
`good causeto excusethe default.) Any motion to
`set aside a default and any responseshall be filed
`and served by email to the other party and to Office
`of the Administrator, Drug Enforcement
`Administration at dea.addo.attorneys@dea.gov.
`
`that on March 2, 2020, DEA issued
`Applicant an Immediate Suspension
`Order and Order to Show Causethat
`suspended Applicant’s previous DEA
`registration, Control No. BA5092856,
`and immediately rendered Applicant
`without authority to issue prescriptions
`for controlled substances. RFAAX 1,
`AttachmentE, at 1-2; see also RFAAX
`1, AttachmentB. Further, on October
`20, 2021, by Orderof the then-Acting
`Administrator, Applicant’s DEA
`registration, Control No. BA5092856,
`was revoked. RFAAX 1, Attachment E,
`at 2; see also RFAAX 1, Attachment C.
`Nonetheless, Applicant is deemed to
`have admitted, and the Agencyfinds,
`that between on or about January 15,
`2021, and on or aboutJanuary6, 2022,
`Applicant issued at least 17
`prescriptions for controlled substances,
`including four prescriptions for
`oxycodone(a ScheduleII controlled
`substance), two prescriptions for
`hydrocodone(a Schedule II controlled
`substance), five prescriptions for
`lorazepam (a Schedule IV controlled
`substance), two prescriptions for
`zolpidem (a Schedule IV controlled
`substance), one prescription for
`clonazepam (a Schedule IV controlled
`substance), two prescriptions for
`pregabalin (a Schedule V controlled
`substance), and oneprescription for
`diazepam (a Schedule IV controlled
`substance). RFAAX 1, AttachmentE,at
`2; see also RFAAX 1, Attachment D.
`Applicant is deemed to have admitted,
`and the Agencyfinds, that each of these
`17 prescriptions was issued without a
`DEAregistration and outside the usual
`course of professional practice.Id.
`II. Discussion
`
`A. The Five Public Interest Factors
`
`Pursuantto section 303(g)(1)} of the
`CSA,“[t]he Attorney General shall
`register practitioners.
`.
`. to dispense
`.
`. controlled substances.
`.
`. if the
`.
`.
`applicantis authorized to dispense.
`controlled substances underthe lawsof
`the State in which he practices.” 21
`U.S.C. 823(g)(1). Section 303(g)(1)
`further provides that an application for
`a practitioner’s registration may be
`denied upon a determination that “‘the
`issuance of such registration.
`.
`. would
`be inconsistent with the public
`interest.” Id. In making the public
`interest determination, the CSA requires
`consideration of the followingfactors:
`(A) The recommendation of the
`appropriate State licensing board or
`professional disciplinary authority.
`(B) The applicant’s experience in
`dispensing, or conducting research with
`respect to controlled substances.
`(C) The applicant’s conviction record
`under Federal or State lawsrelating to the
`
`