5082 Federal Register / Vol. 72, No.

22 / Friday, February 2, 2007 / Notices

August 5, 2005. A 30-day scoping requests will be honored to the extent Simultaneously, the Government
period was held to help the BLM define allowed by law. All submissions from moved for summary disposition. The
‘‘phased development’’ and to identify organizations and businesses, and from basis of the Government’s motion was
relevant issues that should be individuals identifying themselves as that a Diversion Investigator (DI) would
considered and analyzed in the Draft representatives or officials of testify that she had received documents
SEIS/Amendment. The Draft SEIS/ organizations or businesses, will be from the Medical Board of California
Amendment has been prepared by an available for public inspection in their (MBC) which showed that Respondent
interdisciplinary team of specialists entirety. had surrendered his state license on
with expertise in archeology, air quality, September 27, 2004, that the MBC had
Donald S. Smurthwaite,
economics, fisheries, geology, adopted the surrender stipulation on
Acting State Director.
hydrology, minerals, paleontology, December 6, 2004, and that the MBC
[FR Doc. E7–1694 Filed 2–1–07; 8:45 am] Web site indicated that Respondent’s
recreation, sociology, soils, vegetation
and wildlife. Three new alternatives BILLING CODE 4310–$$–P license had been surrendered. Id. at 1–
have been analyzed in the Draft SEIS/ 2. Attached to the motion were
Amendment to consider phased documents supporting each of the
development. Under Alternative F, the DEPARTMENT OF JUSTICE Government’s contentions.
BLM would limit the number of federal The matter was assigned
Drug Enforcement Administration Administrative Law Judge (ALJ) Mary
applications for permit to drill (APD)
approved each year cumulatively and in Ellen Bittner. On October 7, 2005, the
Sunil Bhasin, M.D.; Revocation of ALJ issued a Memorandum to Parties
each fourth order watershed. The BLM Registration
would also limit the percentage of (Memo 1). In Memo 1, the ALJ offered
disturbance within identified crucial On August 4, 2005, the Deputy Respondent the opportunity to respond
sagebrush habitat. Finally, the BLM Assistant Administrator, Office of to the Government’s request to docket
would place a limit on the volume of Diversion Control, Drug Enforcement the matter for hearing no later than
untreated water discharged to surface Administration, issued an Order to October 31, 2005. Memo 1, at 2.
waters from federal CBNG wells within Show Cause to Sunil Bhasin, M.D. A copy of Memo 1 was sent to
each fourth order watershed. Under (Respondent), of San Bernardino, CA. Respondent by certified mail. The
Alternative G, development of CBNG on The Show Cause Order proposed to mailing, however, was returned
federal leases in the Billings and revoke Respondent’s Certificate of unclaimed. Thereafter, the ALJ issued a
Powder River RMP areas would be done Registration, BB2195116, as a new Memorandum to Parties which
following the same management actions practitioner, on the ground that offered Respondent the opportunity to
as described under Alternative F. Respondent had surrendered his respond to the Government’s request by
California medical license, and was December 19, 2005. Memorandum to
However, while BLM would limit the
therefore without authority to handle Parties 1 (Nov. 28, 2005) (Memo 2). The
number of federal APDs approved each
controlled substances in the state where ALJ further directed that Memo 2 be
year cumulatively, development would
he practiced medicine. Show Cause sent to Respondent by both registered
be limited to a low range of predicted
Order at 1. The Show Cause Order mail with restricted delivery and first
wells (6,470) from the Statewide
further notified Respondent of his right class mail. See id. Again, Respondent
Document Reasonably Foreseeable
to a hearing. Id. at 2. did not respond. See Memorandum to
Development scenario. Alternative H,
The Show Cause Order was served by Parties 2 (Mar. 24, 2006) (Memo 3).
the BLM’s preferred alternative, has Thereafter, on January 19, 2006, the
three key components. First, a phased certified mail, return receipt requested.
On September 2, 2005, Respondent Government moved to terminate the
development approach would be proceedings. Motion to Terminate
acknowledged receipt of the Show
implemented where CBNG proposals Proceedings 1. The Government also
Cause Order as demonstrated by the
would be reviewed against four filters or requested that the ALJ find that
signed return receipt card which is
screens to determine if the proposal Respondent had waived his right to a
contained in the investigative file.
needs to be modified. Second, this In a letter dated September 5, 2005, hearing. Id.
alternative would include extensive Respondent wrote the Deputy Assistant On March 24, 2006, the ALJ issued a
requirements that an operator must meet Administrator asserting that he had further Memorandum to Parties (Memo
when submitting a Plan of Development rejected the Medical Board of 3). In Memo 3, the ALJ offered
(POD). Third, mitigation measures and California’s settlement stipulation. Respondent the opportunity to respond
subsequent modifications to existing Respondent further asserted that the to the Government’s motion to terminate
operations via adaptive management stipulation was illegal because its terms by April 13, 2006. Memo 3, at 2. When
would be considered and applied to were illusory, fraudulent and once again, Respondent failed to
each POD, as appropriate. unconscionable and that he was respond, the ALJ granted the
Comments and information submitted litigating these issues in federal district Government’s motion and ordered that
on the Draft SEIS/Amendment, court. the proceedings be terminated. See
including names, email addresses, and On September 26, 2005, the Order Terminating Proceedings 2. In her
street addresses of respondents, will be Government filed a request with the order, the ALJ also found that
available for public review and Office of Administrative Law Judges to Respondent had failed to request a
disclosure at the above address. The docket the matter for a hearing. While hearing and had waived his right to a
BLM will not accept anonymous the Government noted that Respondent hearing. See id.
comments. Individuals may request ‘‘did not specifically request a hearing,’’ The investigative file was then
confidentiality. Individuals who wish to it expressed the view that the case forwarded to me for final agency action.
sroberts on PROD1PC70 with NOTICES

withhold their names or addresses from required an on-the-record ‘‘factual I adopt the ALJ’s finding that
public review or from disclosure under determination of the licensing issue’’ Respondent has waived his right to a
the Freedom of Information Act must before the case was transmitted to me hearing. I therefore enter this final order
state this prominently at the beginning for final agency action. Govt. Req. to without a hearing based on information
of their written comments. Such Docket Matter for Hearing at 1. contained in the investigative file.

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 Federal Register / Vol. 72, No. 22 / Friday, February 2, 2007 / Notices 5083

Findings were illusory, fraudulent and present, constituting a quorum when the
unconscionable. vote to close the meeting was submitted.
Respondent holds DEA Certificate of Public announcement further
Registration, BB2195116, which As found above, the official records of
the Medical Board of California indicate describing the subject matter of the
authorizes him to act as a practitioner meeting and certifications of General
under the Controlled Substances Act. that Respondent does not hold a current
state medical license and therefore is Counsel that this meeting may be closed
Respondent’s registered location is 909 by vote of the Commission present were
N. D Street, San Bernardino, CA. without authority to handle controlled
substances in the State where he is submitted to the Commissioners prior to
Respondent’s registration does not the conduct of any other business. Upon
expire until July 31, 2007. registered with DEA. As for
Respondent’s conclusory assertions motion duly made, seconded, and
Respondent was also the holder of a regarding the illegality of the carried, the following Commissioners
Physician and Surgeon’s license stipulation, DEA precedents hold that a voted that the meeting be closed:
(G67327) issued by the Medical Board of registrant can not collaterally attack the Edward F. Reilly, Jr., Cranston J.
California. According to the official results of a state criminal or Mitchell, Isaac Fulwood, Jr., and
records of the Medical Board (which administrative proceeding in a Patricia Cushwa.
were checked on December 18, 2006), proceeding under section 304 of the In witness whereof, I make this official
Respondent surrendered his license CSA. See Shahid Musud Siddiqui, 61 record of the vote taken to close this
with an effective date of December 16, FR 14818, 14818–19 (1996); Robert A. meeting and authorize this record to be
2004. Moreover, Respondent has Leslie, 60 FR 14004, 14005 (1995). Thus, made available to the public.
submitted no evidence to this Agency even if Respondent had submitted Dated: January 25, 2007.
showing that the State’s order has been evidence establishing the illegality of Edward F. Reilly, Jr.,
vacated or that he has been granted a the stipulation, a DEA Show Cause Chairman, Parole Commission.
new license. Respondent therefore lacks Proceeding is not the proper forum to [FR Doc. 07–456 Filed 2–1–07; 8:45 am]
authority under California law to litigate the issue. Because Respondent BILLING CODE 4410–01–M
practice medicine and handle controlled lacks authority under California law to
substances. handle controlled substances, he is not
Discussion entitled to maintain his DEA DEPARTMENT OF JUSTICE
registration.
Under the Controlled Substances Act Federal Bureau of Prisons
(CSA), a practitioner must be currently Order
authorized to handle controlled Accordingly, pursuant to the Notice of the Availability of the Finding
substances in ‘‘the jurisdiction in which authority vested in me by 21 U.S.C. of No Significant Impact for the
he practices’’ in order to maintain a 823(f) & 824(a), as well as 28 CFR Criminal Alien Requirement VI
DEA registration. See 21 U.S.C. 802(21) 0.100(b) & 0.104, I hereby order that AGENCY: Federal Bureau of Prisons,
(‘‘[t]he term ‘practitioner’ means a DEA Certificate of Registration, Department of Justice.
physician * * * licensed, registered, or BB2195116, issued to Sunil Bhasin, ACTION: Notice; Finding of No
otherwise permitted, by * * * the M.D., be, and it hereby is, revoked. I
jurisdiction in which he practices * * * Significant Impact.
further order that any pending
to distribute, dispense, [or] administer applications for renewal or modification SUMMARY: The U.S. Department of
* * * a controlled substance in the of such registration be, and they hereby Justice, Federal Bureau of Prisons (BOP)
course of professional practice’’). See are, denied. This order is effective announces the availability of the
also id. sec. 823(f) (‘‘The Attorney March 5, 2007. Finding of No Significant Impact
General shall register practitioners (FONSI) concerning the Criminal Alien
* * * if the applicant is authorized to Dated: January 26, 2007.
Requirement VI (CAR VI). The BOP is
dispense * * *controlled substances Michele M. Leonhart,
seeking flexibility in managing its
under the laws of the State in which he Deputy Administrator.
current shortage of beds by contracting
practices.’’). DEA has held repeatedly [FR Doc. E7–1711 Filed 2–1–07; 8:45 am] for those services with non-federal
that the CSA requires the revocation of BILLING CODE 4410–09–P facilities to house federal inmates. This
a registration issued to a practitioner approach provides the BOP with
whose state license has been suspended flexibility to meet population capacity
or revoked. See Sheran Arden Yeates, 71 DEPARTMENT OF JUSTICE needs in a timely fashion, conform with
FR 39130, 39131 (2006); Dominick A. federal law, and maintain fiscal
Ricci, 58 FR 51104, 51105 (1993); Bobby Parole Commission
responsibility, while successfully
Watts, 53 FR 11919, 11920 (1988). See Record of Vote of Meeting Closure attaining the mission of the BOP.
also 21 U.S.C. 824(a)(3)(authorizing the (Public Law 94–409) (5 U.S.C. 552b) Initially, the BOP proposed to contract
revocation of a registration ‘‘upon a with multiple public and private
finding that the registrant * * * has had I, Edward F. Reilly, Jr., Chairman of corporations to house approximately
his State license or registration the United States Parole Commission, 7,000 Federal, low-security, adult male,
suspended [or] revoked * * * and is no was present at a meeting of said non-U.S. citizen, criminal aliens in
longer authorized by State law to engage Commission, which started at existing Contractor-Owned/Contractor-
in the * * * distribution [or] dispensing approximately 1:30 p.m., on Operated facilities located in Arizona,
of controlled substances’’). Wednesday, January 24, 2007, at the California, Louisiana, New Mexico,
Following service of the Show Cause U.S. Parole Commission, 5550 Oklahoma, or Texas. The awards would
sroberts on PROD1PC70 with NOTICES

Order, Respondent submitted a letter Friendship Boulevard, 4th Floor, Chevy be granted to the responsible offerors
asserting that he had rejected the Chase, Maryland 20815. The purpose of whose offers are found to be most
Medical Board’s settlement stipulation. the meeting was to decide two petitions advantageous to the Government. Five
Respondent also contended that the for reconsideration pursuant to 28 existing facilities, have been offered in
stipulation was illegal because its terms C.F.R. 2.27. Four Commissioners were response to the BOP’s solicitation for

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