Federal Register / Vol. 61, No. 33 / Friday, February 16, 1996 / Notices 6261

National Recreation Area and Point Anticipated agenda items at meetings Dated: January 9, 1996. Reyes National Seashore Advisory this year will include: Brian O’Neill, Commission will be held monthly for • Presidio Lobos Creek plans. General Superintendent, Golden Gate the remainder of calendar year 1996 • update reports on the Presidio Trust National Recreation Area. (with the exception of August and legislation. [FR Doc. 96–3567 Filed 2–15–96; 8:45 am] December) to hear presentations on • presentation of the GGNRA Presidio BILLING CODE 4310±70±P issues related to management of the Stewardship Program. Golden Gate National Recreation Area • review of Army environmental and Point Reyes National Seashore. remediation at the Presidio. Bureau of Reclamation Meetings of the Advisory Commission • reports on work of the Golden Gate are scheduled for the following at San National Park Association. San Diego County Water Authority and Francisco and at Point Reyes Station, • reports on programs and projects of City of San Diego's Water California: GGNRA ‘‘Park Partners’’. Repurification Project • Wednesday, February 28—San Francisco, CA status reports on the proposed Bay AGENCY: Bureau of Reclamation, Interior Wednesday, March 20—San Francisco, CA Area Ridge Trail. and San Diego County Water Authority Saturday, April 13—Point Reyes Station, CA • reports on GGNRA education as Joints Leads for the Proposed Action. Wednesday, April 17—San Francisco, CA programs. ACTION: Notice of intent to prepare a Wednesday, May 15—San Francisco, CA • report on activities and operations Wednesday, June 19—San Francisco, CA draft environmental impact statement of the GGNRA Special Use Permit office. and notice of scoping meeting(s) for San Wednesday, July 17—San Francisco, CA • Wednesday, September 18—San Francisco, presentation on plans for the Diego County Water Authority and City CA or northern waterfront at Crissy Field. of San Diego’s water repurification Saturday, September 21—Point Reyes • report on Joint NPS/GG Bridge project. Station, CA Museum at Bridge Toll Plaza. Wednesday, October 16—San Francisco, CA • Cliff House Restoration Plan. SUMMARY: San Diego’s Water Wednesday, November 20—San Francisco, • report on the transition and long- Repurification Project involves the CA range planning for East Fort Baker. further treatment of about 20 million All meetings of the Advisory • GGNPA annual briefing. gallons per day of tertiary treated Commission will be held at 7:30 p.m. at • update on former Mill Valley AFS reclaimed water and transportation of GGNRA Park Headquarters, Building (Mount Tamalpais) cleanup. this water to the City of San Diego’s San 201, Fort Mason, Bay and Franklin • San Mateo issues: update on Vicente Reservoir. Treatment of this Streets, San Francisco or at the Dance Phleger estate, status of Thornton Beach, water would occur at the North City Palace, corner of 5th and B Streets, SF Watershed issues. Water Reclamation Plant (currently Point Reyes Station, California, unless • update on VA/Fort Miley park under construction), which upon otherwise noticed. The time for the entrance issue. completion, will treat waste water to meetings at Point Reyes Station will be • presentation of exotic removal in tertiary levels. It is proposed to noticed to the public at least 15 days Olema Valley. construct advanced water purification prior to these meetings. Information • joint operations agreement between facilities at the North City Plant, which confirming the time and location of all State of California and NPS. would treat the tertiary water from that Advisory Commission meetings can be • Alcatraz After Hours Program. plant to a level of purity which would received by calling the Office of the • Fort Mason Reuse. allow the water to be stored in San Staff Assistant at (415) 556–4484. • updates on issues concerning Vicente Reservoir. At present, two The Advisory Commission was management and planning at Point potential alternatives pipeline routes established by Public Law 92–589 to Reyes NS. from the North City Water Reclamation provide for the free exchange of ideas These meetings will also contain Plant to the reservoir have been between the National Park Service and Superintendent’s and Presidio General identified: a northern route and a the public and to facilitate the Manager’s Reports. southern route. Specific locations for solicitation of advice or other counsel Specific final agendas for these these potential routes have not as yet from members of the public on meetings will be made available to the been determined. They, along with problems pertinent to the National Park public at least 15 days prior to each other reasonable routes, will be Service systems in Marin, San Francisco meeting and can be received by specified in the Draft Environmental and San Mateo Counties. Members of contacting the Office of the Staff Impact Statement. The repurified water the Commission are as follows: Assistant, Golden Gate National would be stored in San Vicente Mr. Richard Bartke, Chairman Recreation Area, Building 201, Fort Reservoir where it would mix with Ms. Amy Meyer, Vice Chair Mason, San Francisco, California 94123 other water for eventual potable use. Ms. Naomi T. Gray or by calling (415) 556–4484. When needed, water from this reservoir Dr. Howard Cogswell These meetings are open to the would be pumped to the Alvarado Mr. Michael Alexander public. They will be recorded for Water Filtration Plant where the water Mr. Jerry Friedman documentation and transcribed for would be treated prior to being Ms. Lennie Roberts distributed for potable water use. Ms. Yvonne Lee dissemination. Minutes of the meetings Ms. Sonia Bolan˜ os will be available to the public after DATE AND ADDRESSES: Scoping meetings Mr. Trent Orr approval of the full Advisory are proposed for the project. However, Mr. Redmond Kernan Commission. A transcript will be the schedule and location of these Ms. Jacqueline Young available three weeks after each scoping meetings have not as yet been Mr. Merritt Robinson meeting. For copies of the minutes determined. There will be ample notice Mr. R. H. Sciaroni given in the local papers of the times Mr. John J. Spring contact the Office of the Staff Assistant, Dr. Edgar Wayburn Golden Gate National Recreation Area, and locations of all scoping meetings. Mr. Joseph Williams Building 201, Fort Mason, San FOR FURTHER INFORMATION CONTACT: Mr. Mel Lane Francisco, California 94123. Comments and questions should be 6262 Federal Register / Vol. 61, No. 33 / Friday, February 16, 1996 / Notices addressed to Mr. Del Kidd, Bureau of for one year, as a result of his oxycodone, a Schedule II narcotic Reclamation, Lower Colorado Region, prescribing Schedule II controlled controlled substance pursuant to 21 CFR P.O. Box 61470, Boulder City, NV substances and anabolic steroids in a 1308.12(b); (3) Fastin is a brand name 89006–1470, telephone: (702) 293–8698. manner which violated State law; and for a product containing phentermine SUPPLEMENTARY INFORMATION: The City (2) on October 25, 1991, the Respondent hydrochloride, a Schedule IV controlled and County of San Diego depend upon entered a guilty plea in the U.S. District substance pursuant to 21 CFR imported water for about 90 percent of Court for the Western District of 1308.14(e); (4) Tylox is a brand name for their needs. Most of this water comes Tennessee, to three felony counts of a product containing oxycodone, a from the State Water Project and the unlawfully prescribing a controlled Schedule II narcotic controlled Colorado River. It is estimated that by substance, and he was sentenced to substance pursuant to 21 CFR 2010 the demand for potable water will eighteen months probation and ordered 1308.12(b); and (5) anabolic steroids are reach 900,000 acre-feet per year. to surrender his controlled substances Schedule III controlled substances Imported water currently accounts for registration. pursuant to 21 CFR 1308.13(f). 690,000 acre-feet with another 60,000 On July 21, 1994, the Respondent, The Deputy Administrator acre-feet from local supplies. This through counsel, filed a timely request specifically finds that on May 8, 1986, means that in the near future there will for a hearing, and following prehearing an undercover agent for the Tennessee be a short fall of 150,000 acre-feet of procedures, a hearing was held in Bureau of Investigation (TBI), received demand over supply. Federal, State, and Memphis, Tennessee, on January 11, two prescriptions for Biphetamine from local entities are actively investigating 1995, before Administrative Law Judge the Respondent for no legitimate and planning other potential water Mary Ellen Bittner. At the hearing both medical purpose and not in the usual sources for the southern California parties called witnesses to testify and course of his professional practice, for region, such as other water reclamation introduced documentary evidence, and the Respondent had failed to take a projects, groundwater development, after the hearing, counsel for both sides medical history, to conduct a physical seawater desalination, and water submitted proposed findings of fact, examination of the agent and to conservation. Some of these will be conclusions of law and argument. On diagnose a condition requiring such implemented in the future; others are July 10, 1995, Judge Bittner issued her medication. On July 10, 1986, a second infeasible at this time. This proposed Opinion and Recommended Ruling, TBI agent received two prescriptions for recommending that the Respondent’s Biphetamine from the Respondent for project is one of the more feasible application for DEA registration be no legitimate medical purpose and not options for meeting future water denied. Neither party filed exceptions to in the usual course of his professional demands. The Bureau of Reclamation is her decision, and on August 28, 1995, practice, for again the Respondent had authorized to participate in this Judge Bittner transmitted the record of failed to conduct a physical proposed project by Section 1612 of these proceedings to the Deputy examination or any other clinical tests, Public Law 102–575. Administrator. and he had failed to identify a medical The Deputy Administrator has condition requiring such a prescription. Dated: February 9, 1996. considered the record in its entirety, In the same manner, on June 16, 1986, Thomas Shrader, and pursuant to 21 CFR 1316.67, hereby an undercover police officer acquired Deputy Office Director, Resource issues his final order based uppon from the Respondent two prescriptions Management and Technical Services. findings of fact and conclusions of law for the controlled substance Fastin for [FR Doc. 96–3564 Filed 2–15–96; 8:45 am] as hereinafter set forth. The Deputy no legitimate medical purpose and not BILLING CODE 4310±94±P Administrator adopts, in full, the in the usual course of professional Opinion and Recommended Ruling, practice. Tape recordings were made of Findings of Fact, Conclusions of Law the conversations between these law DEPARTMENT OF JUSTICE and Decision of the Administrative Law enforcement officials and the Judge, and his adoption is in no manner Respondent, and transcripts of these Drug Enforcement Administration diminished by any recitation of facts, tape recordings were made a part of the issues and conclusions herein, or of any [Docket No. 94±62] record. failure to mention a matter of fact or As part of its investigation of the James W. Shore, M.D., Denial of law. Respondent’s conduct, the Tennessee Application The Deputy Administrator finds that Board of Pharmacy conducted a on June 16, 1993, the Respondent signed prescription audit of prescriptions On July 6, 1994, the Deputy Assistant a DEA Application for Registration as a issued by the Respondent in Weakley Administrator, Office of Diversion practitioner, seeking registration to County, Tennessee, from February of Control, Drug Enforcement handle Schedules II through V 1984 through February of 1987. This Administration (DEA), issued an Order controlled substances. On that prescription audit was sent to Dr. to Show Cause to James W. Shore, M.D., application, the Respondent disclosed Harbison, a research scientist, (Respondent) of Martin, Tennessee, that he had had restrictions placed upon pharmacist, and teacher at the notifying him of an opportunity to show his practice of medicine and his University of Arkansas, for his review cause as to why DEA should not deny prescribing of controlled substances. and comment. Dr. Harbison wrote that his pending application for registration The parties do not contest the facts the Respondent had prescribed as a practitioner, under 21 U.S.C. 823(f), concerning the Respondent’s past controlled substances not in the usual as being inconsistent with the public misconduct in prescribing controlled course of medical practice to more than interest. Specifically, the Order to Show substances. Also, the parties have a dozen patients, concluding that ‘‘it is Cause alleged, among other things, that stipulated that (1) Biphetamine is a my opinion that after reviewing the (1) in May of 1991, the Respondent’s brand name for a product containing prescription records, [the Respondent] medical license was placed on amphetamine, a Schedule II controlled did not prescribe [] Biphetamine, Tylox, probation for two years, and his substance pursuant to 21 CFR Percocet, Percodan [,] and Mepergan authority to handle Schedule II and III 1308.12(d); (2) Percodan and Percocet Fortis in a manner consistent with the controlled substances was suspended are brand names for products containing usual course of medical practice.’’