Agency Information Collection Activities; Proposed eCollection eComments Requested; Application To Make and Register a Firearm (ATF Form 1 (5320.1), 25427-25428 [2016-09874]
Download as PDF
<![CDATA[
mstockstill on DSK3G9T082PROD with NOTICES
Federal Register / Vol. 81, No. 82 / Thursday, April 28, 2016 / Notices
substance in the course of professional
practice.’’ 21 U.S.C. 802(21). Likewise,
the CSA conditions the granting of a
practitioner’s application for registration
on his/her possession of authority to
dispense controlled substances under
state law. See 21 U.S.C. 823(f) (‘‘The
Attorney General shall register
practitioners . . . to dispense . . .
controlled substances . . . if the
applicant is authorized to dispense . . .
controlled substances under the laws of
the State in which he practices.’’). And
of further note, the CSA defines the term
‘‘dispense’’ as meaning ‘‘to deliver a
controlled substance to an ultimate user
. . . by, or pursuant to the lawful order
of, a practitioner.’’ Id. § 802(10)
(emphasis added).
Thus, the Agency has repeatedly held
that the possession of authority to
dispense controlled substances under
the laws of the State in which a
practitioner engages in professional
practice is a fundamental condition for
obtaining and maintaining a
practitioner’s registration. See, e.g.,
James L. Hooper, 76 FR 71371 (2011),
pet. for rev. denied, 481 Fed. Appx. 826
(4th Cir. 2012). And because a
practitioner’s authority under the CSA
is based on his/her authority to dispense
controlled substances under the laws of
the State in which he practices, the
Agency has further held that ‘‘to the
extent a practitioner is not authorized
under state law to dispense certain
categories or schedules of controlled
substances, he can no longer lawfully
dispense them under federal law.’’
Kenneth Harold Bull, 78 FR 62666,
62672 (2013).
For the same reason, where a state
board limits a practitioner’s controlled
substance authority by prohibiting him
from possessing controlled substances
or by limiting his authority to
prescribing, the practitioner’s authority
under his DEA registration must also be
so limited. See, e.g., Steven M.
Abbadessa, 74 FR 10077, 10082 (2009)
(noting ambiguity in state agency’s order
as to whether it authorized physician to
administer controlled substances at his
clinic and requiring him to provide
evidence that such activity was
authorized by the State prior to doing
so); cf. United States v. Moore, 423 U.S.
122, 140–41 (1975) (‘‘In the case of a
physician, [the CSA] contemplates that
he is authorized by the State to practice
medicine and to dispense drugs in
connection with his professional
practice. The federal registration . . .
extends no further.’’).
Accordingly, although the OBNDD’s
Stipulation and Agreed Order
effectively authorizes Registrant to
prescribe schedule IV and V controlled
VerDate Sep<11>2014
22:09 Apr 27, 2016
Jkt 238001
substances, it affirmatively prohibits
him from ordering, storing (possessing),
administering and directly dispensing
all controlled substances. While
Registrant’s DEA registration does not
authorize him to handle schedule II and
III controlled substances in any manner,
his registration currently provides
authority for him to order, store,
administer and directly dispense
schedule IV and V controlled
substances. Because Registrant’s DEA
registration can only grant him authority
to the extent that the State has granted
him authority, I will order that his
registration be restricted to authorize
only the prescribing of controlled
substances in schedules IV and V.
Also, in the event Registrant intends
to seek authority to prescribe schedule
II or III controlled substances upon the
expiration of the OBNDD’s condition, he
must apply for a modification of his
DEA registration before doing so. See 21
CFR 1301.51. So too, in the event
Registrant seeks to engage in the
ordering, storing, dispensing or
administering of any controlled
substance upon the expiration of his
probation, he must apply for a
modification of his DEA registration
before doing so. Finally, because the
Oklahoma Medical Board’s records list
Registrant’s practice address as being
different from his DEA registered
address, and it appears that Registrant is
no longer practicing at the latter
address, he is directed to inquire of the
local DEA office as to whether he must
obtain a modification of his registration
to reflect his new practice address. See
21 CFR 1301.12(a) & (b).
Order
Pursuant to the authority vested in me
by 21 U.S.C. 824(a), as well as 28 CFR
0.100(b), I order that DEA Certificate of
Registration# FR4496267 issued to
Abolghasem Rezaei, M.D., be, and it
hereby is, restricted to authorize only
the prescribing of controlled substances
in schedules IV and V. This Order is
effective immediately.
Dated: April 21, 2016.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2016–09973 Filed 4–27–16; 8:45 am]
BILLING CODE 4410–09–P
PO 00000
Frm 00059
Fmt 4703
Sfmt 4703
25427
DEPARTMENT OF JUSTICE
[OMB Number 1140–0011]
Agency Information Collection
Activities; Proposed eCollection
eComments Requested; Application To
Make and Register a Firearm (ATF
Form 1 (5320.1)
Bureau of Alcohol, Tobacco,
Firearms and Explosives, Department of
Justice
ACTION: 30-Day notice.
AGENCY:
The Department of Justice
(DOJ), Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF), will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act of 1995.
The proposed information collection
was previously published in the Federal
Register 81 FR 8099, on February 17,
2016, allowing for a 60-day comment
period.
DATES: Comments are encouraged and
will be accepted for an additional 30
days until May 31, 2016.
FOR FURTHER INFORMATION CONTACT: If
you have additional comments
especially on the estimated public
burden or associated response time,
suggestions, or need a copy of the
proposed information collection
instrument with instructions or
additional information, please contact
Gary Schaible, Industry Liaison Analyst,
Bureau of Alcohol, Tobacco, Firearms
and Explosives (ATF), 99 New York
Ave. NE., Washington, DC 20226 at
email: nfaombcomments@atf.gov.
Written comments and/or suggestions
can also be directed to the Office of
Management and Budget, Office of
Information and Regulatory Affairs,
Attention Department of Justice Desk
Officer, Washington, DC 20503 or sent
to OIRA_submissions@omb.eop.gov.
SUPPLEMENTARY INFORMATION: Written
comments and suggestions from the
public and affected agencies concerning
the proposed collection of information
are encouraged. Your comments should
address one or more of the following
four points:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
SUMMARY:
E:\FR\FM\28APN1.SGM
28APN1
25428
Federal Register / Vol. 81, No. 82 / Thursday, April 28, 2016 / Notices
mstockstill on DSK3G9T082PROD with NOTICES
• Evaluate whether and if so how the
quality, utility, and clarity of the
information to be collected can be
enhanced; and
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Overview of This Information
Collection
1. Type of Information Collection:
Revision of a currently approved
collection.
2. The Title of the Form/Collection:
Application to Make and Register a
Firearm.
3. The agency form number, if any,
and the applicable component of the
Department sponsoring the collection:
Form number: ATF Form 1 (5320.1).
Component: Bureau of Alcohol,
Tobacco, Firearms and Explosives, U.S.
Department of Justice.
4. Affected public who will be asked
or required to respond, as well as a brief
abstract:
Primary: Business or other for-profit.
Other: Individuals or households; and
State, Local or Tribal Government.
Abstract: This form is filed to obtain
permission to make and register a
National Firearms Act (NFA) firearm.
Possession of an unregistered NFA
firearm is illegal. The approval of the
application effectuates the registration
of the firearm to the applicant. For any
person other than a government agency,
the making incurs a tax of $200.
5. An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: An estimated 25,716
respondents will take 3.86 hours to
respond.
6. An estimate of the total public
burden (in hours) associated with the
collection: The estimated annual public
burden associated with this collection is
102,808 hours.
If additional information is required
contact: Jerri Murray, Department
Clearance Officer, United States
Department of Justice, Justice
Management Division, Policy and
Planning Staff, Two Constitution
Square, 145 N Street NE., Room 3E–
405B, Washington, DC 20530.
Dated: April 22, 2016.
Jerri Murray,
Department Clearance Officer for PRA, U.S.
Department of Justice.
[FR Doc. 2016–09874 Filed 4–27–16; 8:45 am]
BILLING CODE 4410–FY–P
VerDate Sep<11>2014
22:09 Apr 27, 2016
Jkt 238001
DEPARTMENT OF JUSTICE
[OMB Number 1140–0014]
Agency Information Collection
Activities; Proposed eCollection
eComments Requested; Application
for Tax Paid Transfer and Registration
of Firearm (ATF Form 4 (5320.4)
Bureau of Alcohol, Tobacco,
Firearms and Explosives, Department of
Justice.
ACTION: 30-Day notice.
AGENCY:
The Department of Justice
(DOJ), Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF), will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act of 1995.
The proposed information collection
was previously published in the Federal
Register 81 FR 8100, on February 17,
2016, allowing for a 60-day comment
period.
DATES: Comments are encouraged and
will be accepted for an additional 30
days until May 31, 2016.
FOR FURTHER INFORMATION CONTACT: If
you have additional comments
especially on the estimated public
burden or associated response time,
suggestions, or need a copy of the
proposed information collection
instrument with instructions or
additional information, please Gary
Schaible, Industry Liaison Analyst,
Bureau of Alcohol, Tobacco, Firearms
and Explosives (ATF), 99 New York
Ave. NE., Washington, DC 20226 at
email: nfaombcomments@atf.gov.
Written comments and/or suggestions
can also be directed to the Office of
Management and Budget, Office of
Information and Regulatory Affairs,
Attention Department of Justice Desk
Officer, Washington, DC 20503 or sent
to OIRA_submissions@omb.eop.gov.
SUPPLEMENTARY INFORMATION: Written
comments and suggestions from the
public and affected agencies concerning
the proposed collection of information
are encouraged. Your comments should
address one or more of the following
four points:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
SUMMARY:
PO 00000
Frm 00060
Fmt 4703
Sfmt 4703
• Evaluate whether and if so how the
quality, utility, and clarity of the
information to be collected can be
enhanced; and
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Overview of This Information
Collection
1. Type of Information Collection:
Revision of a currently approved
collection.
2. The Title of the Form/Collection:
Application for Tax Paid Transfer and
Registration of Firearm.
3. The agency form number, if any,
and the applicable component of the
Department sponsoring the collection:
Form number: ATF Form 4 (5320.4).
Component: Bureau of Alcohol,
Tobacco, Firearms and Explosives, U.S.
Department of Justice.
4. Affected public who will be asked
or required to respond, as well as a brief
abstract:
Primary: Business or other for-profit.
Other: Individuals or households; and
Not-for-profit institutions.
Abstract: This form is filed to obtain
permission to transfer and register a
National Firearms Act (NFA) firearm. A
transfer without approval and
possession of an unregistered NFA
firearm are illegal. The approval of the
application effectuates the registration
of a firearm to the transferee. There is
a tax of $5 or $200 on the transfer of an
NFA firearm with certain exceptions
(see ATF Forms 3 and 5 for tax exempt
transfer information).
5. An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: An estimated 123,339
respondents will take 3.66 hours to
respond.
6. An estimate of the total public
burden (in hours) associated with the
collection: The estimated annual public
burden associated with this collection is
466,755 hours.
If additional information is required
contact: Jerri Murray, Department
Clearance Officer, United States
Department of Justice, Justice
Management Division, Policy and
Planning Staff, Two Constitution
Square, 145 N Street NE., Room 3E–
405B, Washington, DC 20530.
E:\FR\FM\28APN1.SGM
28APN1
]]>Agencies
[Federal Register Volume 81, Number 82 (Thursday, April 28, 2016)]
[Notices]
[Pages 25427-25428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09874]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
[OMB Number 1140-0011]
Agency Information Collection Activities; Proposed eCollection
eComments Requested; Application To Make and Register a Firearm (ATF
Form 1 (5320.1)
AGENCY: Bureau of Alcohol, Tobacco, Firearms and Explosives, Department
of Justice
ACTION: 30-Day notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Justice (DOJ), Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF), will submit the following information
collection request to the Office of Management and Budget (OMB) for
review and approval in accordance with the Paperwork Reduction Act of
1995. The proposed information collection was previously published in
the Federal Register 81 FR 8099, on February 17, 2016, allowing for a
60-day comment period.
DATES: Comments are encouraged and will be accepted for an additional
30 days until May 31, 2016.
FOR FURTHER INFORMATION CONTACT: If you have additional comments
especially on the estimated public burden or associated response time,
suggestions, or need a copy of the proposed information collection
instrument with instructions or additional information, please contact
Gary Schaible, Industry Liaison Analyst, Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF), 99 New York Ave. NE., Washington, DC
20226 at email: nfaombcomments@atf.gov. Written comments and/or
suggestions can also be directed to the Office of Management and
Budget, Office of Information and Regulatory Affairs, Attention
Department of Justice Desk Officer, Washington, DC 20503 or sent to
OIRA_submissions@omb.eop.gov.
SUPPLEMENTARY INFORMATION: Written comments and suggestions from the
public and affected agencies concerning the proposed collection of
information are encouraged. Your comments should address one or more of
the following four points:
Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
Evaluate the accuracy of the agency's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumptions used;
[[Page 25428]]
Evaluate whether and if so how the quality, utility, and
clarity of the information to be collected can be enhanced; and
Minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submission of responses.
Overview of This Information Collection
1. Type of Information Collection: Revision of a currently approved
collection.
2. The Title of the Form/Collection: Application to Make and
Register a Firearm.
3. The agency form number, if any, and the applicable component of
the Department sponsoring the collection:
Form number: ATF Form 1 (5320.1).
Component: Bureau of Alcohol, Tobacco, Firearms and Explosives,
U.S. Department of Justice.
4. Affected public who will be asked or required to respond, as
well as a brief abstract:
Primary: Business or other for-profit.
Other: Individuals or households; and State, Local or Tribal
Government.
Abstract: This form is filed to obtain permission to make and
register a National Firearms Act (NFA) firearm. Possession of an
unregistered NFA firearm is illegal. The approval of the application
effectuates the registration of the firearm to the applicant. For any
person other than a government agency, the making incurs a tax of $200.
5. An estimate of the total number of respondents and the amount of
time estimated for an average respondent to respond: An estimated
25,716 respondents will take 3.86 hours to respond.
6. An estimate of the total public burden (in hours) associated
with the collection: The estimated annual public burden associated with
this collection is 102,808 hours.
If additional information is required contact: Jerri Murray,
Department Clearance Officer, United States Department of Justice,
Justice Management Division, Policy and Planning Staff, Two
Constitution Square, 145 N Street NE., Room 3E-405B, Washington, DC
20530.
Dated: April 22, 2016.
Jerri Murray,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2016-09874 Filed 4-27-16; 8:45 am]
BILLING CODE 4410-FY-P
