Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension of a Currently Approved Collection: Prison Population Reports: Summary of Sentenced Population Movement-National Prisoner Statistics, 10401-10402 [2017-02763]
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Federal Register / Vol. 82, No. 27 / Friday, February 10, 2017 / Notices
In addition, the record includes a July
29, 2016 letter from the Office of
Inspector General, Department of Health
and Human Services, to Respondent; the
letter notified Respondent that he was
‘‘being excluded from participation in
any capacity in the Medicare, Medicaid,
and all Federal health care programs as
defined in section 1128B(f) of the Social
Security Act . . . for the minimum
period of 5 years.’’ GX 12, at 1. The
letter explained that Respondent was
being excluded based on his ‘‘felony
conviction[s]’’ for ‘‘a criminal offense
related to the delivery of an item or
service under the Medicare or a State
health care program,’’ and for ‘‘criminal
offense[s] related to the unlawful
manufacture, distribution, prescription,
or dispensing of a controlled substance
as defined under Federal or State law.’’
Id. (citing 42 U.S.C. 1320a–7(a)(1) and
(4)).
Discussion
Under Section 304(a) of the
Controlled Substances Act, ‘‘[a]
registration pursuant to section 823 of
[the Act] to . . . dispense a controlled
substance . . . may be suspended or
revoked by the Attorney General upon
a finding that the registrant—
*
*
*
*
*
(2) has been convicted of a felony under
this subchapter . . . or any other law of the
United States, or of any State, relating to any
substance defined in this subchapter as a
controlled substance . . . ;
(3) has had his State license or registration
suspended, revoked, or denied by competent
State authority and is no longer authorized
by State law to engage in the . . . dispensing
of controlled substances . . . ;
*
*
*
*
*
mstockstill on DSK3G9T082PROD with NOTICES
(5) has been excluded . . . from
participation in a program pursuant to
section 1320a–7(a) of Title 42.
21 U.S.C. 824(a).
The Government has ‘‘the burden of
proving that the requirements for such
revocation or suspension pursuant to
section 304(a) . . . (21 U.S.C. 824(a)
. . .) are satisfied. 21 CFR 1301.44(e).
Thus, even where a registrant waives his
right to a hearing, the Government is
required to produce substantial
evidence to support the proposed
action. In this matter, having considered
the evidence submitted by the
Government, I conclude that there are
three separate and independent grounds
to revoke Respondent’s registration.
First, as found above, on May 26,
2016, the Common Pleas Court of
Greene County, Ohio entered a
judgment convicting Respondent of four
counts of trafficking in drugs (suboxone,
zolpidem, and diazepam) under Ohio
law, as well as a single count of
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18:35 Feb 09, 2017
Jkt 241001
knowingly permitting real estate he
owned or controlled to be used for drug
trafficking. See Ohio Rev. Code
§§ 2925.03(A); 2925.13(B). Both of these
provisions are felony offenses under
Ohio law. Thus, I find that Respondent
‘‘has been convicted of a felony offense
. . . relating to any substance defined in
[the CSA] as a controlled substance.’’ 21
U.S.C. 824(a)(2). This finding provides
reason alone to revoke Respondent’s
registration and his DATA-Waiver
identification number.
Second, the evidence shows that
based on his guilty pleas in the criminal
case, on May 11, 2016, the Ohio Board
immediately suspended Respondent’s
license to practice medicine and surgery
in the State, and that on October 20,
2016, the Board revoked his license. By
virtue of the Board’s actions,
Respondent lacks authority to dispense
controlled substances under the laws of
the State of Ohio, the State in which he
is registered with DEA, and thus, he is
no longer a practitioner within the
meaning of the Act. See 21 U.S.C.
802(21) (defining ‘‘the term
‘practitioner’ [to] mean[ ] a . . .
physician . . . or other person licensed,
registered or otherwise permitted, by
. . . the jurisdiction in which he
practices . . . to distribute, dispense,
[or] administer . . . a controlled
substance in the course of professional
practice’’); see also id. § 823(f) (directing
that ‘‘[t]he Attorney General shall
register practitioners . . . if the
applicant is authorized to dispense . . .
controlled substances under the laws of
the State in which he practices’’).
As the Agency has long held, ‘‘[s]tate
authorization to dispense or otherwise
handle controlled substances is a
prerequisite to the issuance and
maintenance of a Federal controlled
substances registration.’’ Frederick
Marsh Blanton, 43 FR 27616 (1978).
Because the possession of state
authority is a prerequisite to the
maintenance of a practitioner’s
registration, the Agency has long held
that revocation is the appropriate
sanction whenever he is no longer
authorized to dispense controlled
substances under the laws of the State
in which he practices medicine. See,
e.g., James L. Hooper, 76 FR 71371
(2011), pet. for rev. denied, 481 Fed.
Appx. 826 (4th Cir. 2012); Sheran Arden
Yeates, M.D., 71 FR 39130, 39131
(2006); Dominick A. Ricci, 58 FR 51104,
51105 (1993); Bobby Watts, 53 FR
11919, 11920 (1988); Blanton, 43 FR at
27616.7 Accordingly, Respondent’s
7 Thus, even if Respondent were to credibly
accept responsibility for his criminal conduct and
put forward sufficient evidence of remedial
PO 00000
Frm 00074
Fmt 4703
Sfmt 4703
10401
registration (and DATA-Waiver number)
are subject to revocation for this reason
as well. 21 U.S.C. 824(a)(3).
Finally, the evidence shows that
Respondent has now been excluded
‘‘from participation in any Federal
health care program’’ based on his state
conviction for Medicaid fraud, as well
as his felony convictions relating to the
distribution of controlled substances.
See 42 U.S.C. 1320a–7(a)(1) & (4); see
also GX 12. Respondent has thus been
excluded pursuant to the mandatory
exclusion provisions of 42 U.S.C.
1320a–7(a). Accordingly, his registration
(and DATA-Waiver number) are also
subject to revocation under 21 U.S.C.
824(a)(5).
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 FM1335353 issued to John
P. Moore, III, M.D., be, and it hereby is,
revoked. I further order that DATAWaiver identification number
XM1335353 issued to John P. Moore, II,
M.D., be, and it hereby is, revoked. This
Order is effective immediately.8
Dated: February 2, 2017.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2017–02729 Filed 2–9–17; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Bureau of Justice Statistics
[OMB Number 1121–0102]
Agency Information Collection
Activities; Proposed eCollection
eComments Requested; Extension of a
Currently Approved Collection: Prison
Population Reports: Summary of
Sentenced Population Movement—
National Prisoner Statistics
Bureau of Justice Statistics,
Department of Justice.
ACTION: 60-Day notice.
AGENCY:
The Department of Justice
(DOJ), Office of Justice Programs,
SUMMARY:
measures, the revocation of his state authority
would still require that I revoke his DEA
registration and DATA-waiver number. I further
reject Respondent’s contention that I have
discretion in the case of a practitioner to not revoke
his registration based on his loss of state authority.
See GX 8, at 2–3; see Hooper v. Holder, 481 Fed.
Appx. at 827–28; see also Rezik A. Saqer, 81 FR
22122, 22124–27 (2016).
8 Based on the same reasons that led the Ohio
Board to immediately suspend Respondent’s
medical license, I conclude that the public interest
necessitates that this Order be effective
immediately. 21 CFR 1316.67.
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Federal Register / Vol. 82, No. 27 / Friday, February 10, 2017 / Notices
mstockstill on DSK3G9T082PROD with NOTICES
Bureau of Justice Statistics, will be
submitting 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.
DATES: Comments are encouraged and
will be accepted for 60 days until April
11, 2017.
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 E.
Ann Carson, Statistician, Bureau of
Justice Statistics, 810 Seventh Street
NW., Washington, DC 20531 (email:
elizabeth.carson@usdoj.gov; telephone:
202–616–3496).
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 Bureau of Justice
Statistics, 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;
—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:
Extension of a currently approved
collection.
2. The Title of the Form/Collection:
Summary of Sentenced Population
Movement—National Prisoner Statistics.
3. The agency form number, if any,
and the applicable component of the
Department sponsoring the collection:
Form numbers for the questionnaire are
NPS–1b (Summary of Sentenced
Population Movement) and NPS–1B(T)
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18:35 Feb 09, 2017
Jkt 241001
Prisoner Population Report—U.S.
Territories. The applicable component
within the Department of Justice is the
Bureau of Justice Statistics, in the Office
of Justice Programs.
4. Affected public who will be asked
or required to respond, as well as a brief
abstract: For the NPS–1B form, 51
central reporters (one from each state
and the Federal Bureau of Prisons)
responsible for keeping records on
inmates will be asked to provide
information for the following categories:
(a) As of December 31, the number of
male and female inmates within their
custody and under their jurisdiction
with maximum sentences of more than
one year, one year or less; and
unsentenced inmates;
(b) The number of inmates housed in
privately operated facilities, county or
other local authority correctional
facilities, or in other state or Federal
facilities on December 31;
(c) Prison admission information in
the calendar year for the following
categories: New court commitments,
parole violators, other conditional
release violators returned, transfers from
other jurisdictions, AWOLs and
escapees returned, and returns from
appeal and bond;
(d) Prison release information in the
calendar year for the following
categories: Expirations of sentence,
commutations, other conditional
releases, probations, supervised
mandatory releases, paroles, other
conditional releases, deaths by cause,
AWOLs, escapes, transfers to other
jurisdictions, and releases to appeal or
bond;
(e) Number of inmates under
jurisdiction on December 31 by race and
Hispanic origin;
(f) Number of inmates under
jurisdiction classified as non-citizens
and/or under 18 years of age;
(g) Testing of incoming inmates for
HIV; and HIV infection and AIDS cases
on December 31; and
(h) The aggregated rated, operational,
and/or design capacities, by sex, of the
state/BOP’s correctional facilities at
year-end.
For the NPS–1B(T) form, five central
reporters from the U.S. Territories and
Commonwealths of Guam, Puerto Rico,
the Northern Mariana Islands, the Virgin
Islands, and American Samoa will be
asked to provide information for the
following categories for the calendar
year just ended, and, if available, for the
previous calendar year:
(a) As of December 31, the number of
male and female inmates within their
custody and under their jurisdiction
with maximum sentences of more than
one year, one year or less; and
PO 00000
Frm 00075
Fmt 4703
Sfmt 4703
unsentenced inmates; and an
assessment of the completeness of these
counts (complete, partial, or estimated)
(b) The number of inmates under
jurisdiction on December 31 but in the
custody of facilities operated by other
jurisdictions’ authorities solely to
reduce prison overcrowding;
(c) Number of inmates under
jurisdiction on December 31 by race and
Hispanic origin;
(d) The aggregated rated, operational,
and/or design capacities, by sex, of the
territory’s/Commonwealth’s correctional
facilities at year-end.
The Bureau of Justice Statistics uses
this information in published reports
and for the U.S. Congress, Executive
Office of the President, practitioners,
researchers, students, the media, and
others interested in criminal justice
statistics.
5. An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: 51 respondents, each taking an
average 6.5 total hours to respond to the
NPS–1B form. 5 respondents, each
taking an average of 2 hours to respond
to the NPS–1B(T) form. The burden
estimate is based on feedback from
respondents in the most recent data
collection, and remains the same as the
previous clearance.
6. An estimate of the total public
burden (in hours) associated with the
collection: There is an estimated 341.5
total burden hours associated with this
collection.
If additional information is required
contact: Melody Braswell, Department
Clearance Officer, United States
Department of Justice, Justice
Management Division, Policy and
Planning Staff, Two Constitution
Square, 145 N Street NE., 3E.405A,
Washington, DC 20530.
Dated: February 7, 2017.
Melody Braswell,
Department Clearance Officer for PRA, U.S.
Department of Justice.
[FR Doc. 2017–02763 Filed 2–9–17; 8:45 am]
BILLING CODE 4410–18–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the Clean Water
Act
On February 3, 2017, the Department
of Justice lodged a proposed consent
decree with the United States District
Court for the Northern District of
Indiana, Hammond Division, in the
lawsuit entitled United States and the
State of Indiana v. Sanitary District of
E:\FR\FM\10FEN1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 27 (Friday, February 10, 2017)]
[Notices]
[Pages 10401-10402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02763]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Bureau of Justice Statistics
[OMB Number 1121-0102]
Agency Information Collection Activities; Proposed eCollection
eComments Requested; Extension of a Currently Approved Collection:
Prison Population Reports: Summary of Sentenced Population Movement--
National Prisoner Statistics
AGENCY: Bureau of Justice Statistics, Department of Justice.
ACTION: 60-Day notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Justice (DOJ), Office of Justice Programs,
[[Page 10402]]
Bureau of Justice Statistics, will be submitting 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.
DATES: Comments are encouraged and will be accepted for 60 days until
April 11, 2017.
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
E. Ann Carson, Statistician, Bureau of Justice Statistics, 810 Seventh
Street NW., Washington, DC 20531 (email: elizabeth.carson@usdoj.gov;
telephone: 202-616-3496).
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 Bureau of Justice
Statistics, 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;
--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: Extension of a currently
approved collection.
2. The Title of the Form/Collection: Summary of Sentenced
Population Movement--National Prisoner Statistics.
3. The agency form number, if any, and the applicable component of
the Department sponsoring the collection: Form numbers for the
questionnaire are NPS-1b (Summary of Sentenced Population Movement) and
NPS-1B(T) Prisoner Population Report--U.S. Territories. The applicable
component within the Department of Justice is the Bureau of Justice
Statistics, in the Office of Justice Programs.
4. Affected public who will be asked or required to respond, as
well as a brief abstract: For the NPS-1B form, 51 central reporters
(one from each state and the Federal Bureau of Prisons) responsible for
keeping records on inmates will be asked to provide information for the
following categories:
(a) As of December 31, the number of male and female inmates within
their custody and under their jurisdiction with maximum sentences of
more than one year, one year or less; and unsentenced inmates;
(b) The number of inmates housed in privately operated facilities,
county or other local authority correctional facilities, or in other
state or Federal facilities on December 31;
(c) Prison admission information in the calendar year for the
following categories: New court commitments, parole violators, other
conditional release violators returned, transfers from other
jurisdictions, AWOLs and escapees returned, and returns from appeal and
bond;
(d) Prison release information in the calendar year for the
following categories: Expirations of sentence, commutations, other
conditional releases, probations, supervised mandatory releases,
paroles, other conditional releases, deaths by cause, AWOLs, escapes,
transfers to other jurisdictions, and releases to appeal or bond;
(e) Number of inmates under jurisdiction on December 31 by race and
Hispanic origin;
(f) Number of inmates under jurisdiction classified as non-citizens
and/or under 18 years of age;
(g) Testing of incoming inmates for HIV; and HIV infection and AIDS
cases on December 31; and
(h) The aggregated rated, operational, and/or design capacities, by
sex, of the state/BOP's correctional facilities at year-end.
For the NPS-1B(T) form, five central reporters from the U.S.
Territories and Commonwealths of Guam, Puerto Rico, the Northern
Mariana Islands, the Virgin Islands, and American Samoa will be asked
to provide information for the following categories for the calendar
year just ended, and, if available, for the previous calendar year:
(a) As of December 31, the number of male and female inmates within
their custody and under their jurisdiction with maximum sentences of
more than one year, one year or less; and unsentenced inmates; and an
assessment of the completeness of these counts (complete, partial, or
estimated)
(b) The number of inmates under jurisdiction on December 31 but in
the custody of facilities operated by other jurisdictions' authorities
solely to reduce prison overcrowding;
(c) Number of inmates under jurisdiction on December 31 by race and
Hispanic origin;
(d) The aggregated rated, operational, and/or design capacities, by
sex, of the territory's/Commonwealth's correctional facilities at year-
end.
The Bureau of Justice Statistics uses this information in published
reports and for the U.S. Congress, Executive Office of the President,
practitioners, researchers, students, the media, and others interested
in criminal justice statistics.
5. An estimate of the total number of respondents and the amount of
time estimated for an average respondent to respond: 51 respondents,
each taking an average 6.5 total hours to respond to the NPS-1B form. 5
respondents, each taking an average of 2 hours to respond to the NPS-
1B(T) form. The burden estimate is based on feedback from respondents
in the most recent data collection, and remains the same as the
previous clearance.
6. An estimate of the total public burden (in hours) associated
with the collection: There is an estimated 341.5 total burden hours
associated with this collection.
If additional information is required contact: Melody Braswell,
Department Clearance Officer, United States Department of Justice,
Justice Management Division, Policy and Planning Staff, Two
Constitution Square, 145 N Street NE., 3E.405A, Washington, DC 20530.
Dated: February 7, 2017.
Melody Braswell,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2017-02763 Filed 2-9-17; 8:45 am]
BILLING CODE 4410-18-P
