Agency Information Collection Activities; Proposed eCollection eComments Requested; Revision of a Currently Approved Collection; Firearms Transaction Record/Registro de Transaccíon de Armas (ATF Form 4473 (5300.9), 21407-21408 [2017-09213]
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Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Notices
By order of the Commission.
Issued: May 3, 2017.
Lisa R. Barton,
Secretary to the Commission.
DEPARTMENT OF JUSTICE
[FR Doc. 2017–09230 Filed 5–5–17; 8:45 am]
[OMB Number 1140–0020]
SUMMARY:
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.
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
Overview of This Information
Collection
1. Type of Information Collection
(check justification or form 83):
Revision of a currently approved
collection.
2. The Title of the Form/Collection:
Firearms Transaction Record/Registro
´
de Transaccıon de Armas.
3. The agency form number, if any,
and the applicable component of the
Department sponsoring the collection:
Form number (if applicable): ATF
Form 4473 (5300.9).
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: Individuals or households.
Other (if applicable): Business or
other for-profit.
Abstract: The information and
certification on the Form 4473 are
designed so that a person licensed
under 18 U.S.C. 923 may determine if
he or she may lawfully sell or deliver a
firearm to the person identified in
Section A. It also alerts buyers to certain
restrictions on the receipt and
possession of firearms.
5. An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: An estimate of the total
number of respondents and the amount
of time estimated for an average
respondent to respond: An estimated
18,275,240 respondents will utilize the
form, and it will take each respondent
approximately 30 minutes to complete
the form.
6. An estimate of the total public
burden (in hours) associated with the
collection: The estimated annual public
burden associated with this collection is
9,137,620, which is equal to (18,275,240
Bureau of Alcohol, Tobacco, Firearms
and Explosives
BILLING CODE 7020–02–P
Agency Information Collection
Activities; Proposed eCollection
eComments Requested; Revision of a
Currently Approved Collection;
Firearms Transaction Record/Registro
´
de Transaccıon de Armas (ATF Form
4473 (5300.9)
JOINT BOARD FOR THE
ENROLLMENT OF ACTUARIES
Meeting of the Advisory Committee;
Meeting
Notice of Federal Advisory
Committee meeting; amended.
ACTION:
Notice published in the
Federal Register on April 11, 2017, 82
FR 17447, provided that a closed
meeting of the Advisory Committee on
Actuarial Examinations would be held
on April 28, 2017, from 8:30 a.m. to 5:00
p.m. at Willis Towers Watson, 2901
North Central Avenue, Suite 1100,
Phoenix, AZ 85012–2731. However, due
to budgetary restrictions precluding
travel, the closed meeting of the
Advisory Committee on Actuarial
Examinations on April 28, 2017, was
held by teleconference from 9 a.m. to 5
p.m. (EDT), rather than at the time and
location provided in the notice of April
11, 2017. Because the circumstances
necessitating the changes to the meeting
were beyond the control of the Joint
Board for the Enrollment of Actuaries, it
was unable to provide public
notification about the changes, as
required by 41 CFR 102–3.150(a).
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Elizabeth Van Osten, Designated Federal
Officer, Advisory Committee on
Actuarial Examinations, 703–414–2163.
Dated: April 28, 2017.
Chet Andrzejewski,
Chair, Joint Board for the Enrollment of
Actuaries.
[FR Doc. 2017–09257 Filed 5–5–17; 8:45 am]
BILLING CODE 4830–01–P
Bureau of Alcohol, Tobacco,
Firearms and Explosives, Department of
Justice.
ACTION: 60-day notice.
AGENCY:
Joint Board for the Enrollment
of Actuaries.
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 collection OMB 1140–
0020 (Firearms Transaction Record
(ATF Form 4473 (5300.9) is being
revised to make available a Spanish
´
version (Registro de Transaccıon de
Armas) as a courtesy to Federal firearms
licensees with clientele for whom
Spanish is their native language. The
proposed information collection is also
being published to obtain comments
from the public and affected agencies.
DATES: Comments are encouraged and
will be accepted for 60 days until July
7, 2017.
FOR FURTHER INFORMATION CONTACT: If
you have additional comments,
particularly with respect to the
estimated public burden or associated
response time, have suggestions, need a
copy of the proposed information
collection instrument with instructions,
or desire any additional information,
please contact Helen Koppe, Program
Manager, ATF Firearms & Explosives
Industry Division either by mail at 99
New York Avenue NE., Washington, DC
20226, or by email at
FederalRegisterNoticeATFF4473@
atf.gov.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Notices
(total number of respondents) * .5 (30
minutes).
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: May 3, 2017.
Melody Braswell,
Department Clearance Officer for PRA, U.S.
Department of Justice.
[FR Doc. 2017–09213 Filed 5–5–17; 8:45 am]
BILLING CODE 4410–FY–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 17–12]
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Judson J. Somerville, M.D.; Decision
and Order
On October 20, 2016, the Assistant
Administrator, Division of Diversion
Control, Drug Enforcement
Administration, issued an Order to
Show Cause to Judson J. Somerville,
M.D. (Respondent), of Laredo, Texas.
The Show Cause Order proposed the
revocation of Respondent’s Certificates
of Registration, on the ground that he
‘‘do[es] not have authority to handle
controlled substances in Texas, the
[S]tate in which [he is] registered with
the’’ Agency. Show Cause Order, at 1
(citing 21 U.S.C. 824(a)(3)).
With respect to the Agency’s
jurisdiction, the Show Cause Order
alleged that Respondent is registered as
a practitioner in schedules II through V,
pursuant to Certificate of Registration
No. BS3909718, at the address of
Saguaro Anesthesia Associates, d/b/a
The Pain Clinic, 9114 McPherson Road,
Suite 2508, Laredo, Texas.1 Id. The
Show Cause Order alleged that this
registration expires on February 28,
2018. Id. The Order also alleged that
Respondent is registered as a
practitioner in schedules II though V,
pursuant to Certificate of Registration
No. FS3571660, at the address of 4646
Corona Drive, Corpus Christi, Texas. Id.
at 2. The Show Cause Order alleged that
this registration expires on February 28,
2019. Id.
As to the substantive ground for the
proceeding, the Show Cause Order
alleged that on October 6, 2016, the
1 In the Show Cause Order, the Government listed
the number of this registration as BP3909718. Show
Cause Order, at 1. However, on December 2, 2016,
the Government notified the CALJ that the correct
number was BS3909718. See Gov. Notice of
Correction for the Order to Show Cause, at 1.
VerDate Sep<11>2014
18:27 May 05, 2017
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Texas Medical Board entered an Order
of Temporary Suspension suspending
Respondent’s Texas Medical License
effective the same day, ‘‘which ‘shall
remain in effect until it is superseded by
a subsequent Order of the Board,’ ’’ and
that this ‘‘order prohibits [him] from
practicing medicine in the State of
Texas.’’ Id. The Order then alleged that
‘‘[d]ue to the Order and under state law,
[Respondent] lack[s] authority to handle
controlled substances in Texas, the
[S]tate in which [he is] registered’’ and
this ‘‘constitutes grounds to revoke [his]
[r]egistration.’’ Id. (citing 21 U.S.C.
802(21) and 824(a)(3)) (other citations
omitted).2
Following service of the Show Cause
Order, Respondent requested a hearing
on the allegations. The matter was
placed on the docket of the Office of
Administrative Law Judges and assigned
to Chief Administrative Law Judge John
J. Mulrooney, II (hereinafter, CALJ). On
November 22, 2016, the CALJ ordered
the Government to submit evidence to
support the allegation and any motion
for summary disposition no later than
December 7, 2016. See Order Directing
the Filing of Government Evidence of
Lack of State Authority Allegation and
Briefing Schedule, at 1. In the order, the
ALJ also directed Respondent to file a
response to any motion for summary
disposition no later than December 21,
2016. Id.
On December 2, 2016, the
Government filed its Motion for
Summary Disposition. Therein, it
argued that it is undisputed that based
on the Texas Medical Board’s October 6,
2016 Order of Temporary Suspension,
Respondent is prohibited from
practicing medicine in the State of
Texas and that his license remains
suspended as of the date of its Motion.
Gov. Motion, at 5. The Government
further argued ‘‘that the possession of
authority to dispense controlled
substances under the laws of the State
in which a practitioner engaged in
professional practice is a fundamental
condition for both obtaining and
maintaining a practitioner’s
registration,’’ and that under the
Agency’s precedents, revocation is
warranted even where a State has
invoked summary process to suspend a
practitioner’s state authority and has yet
to provide the practitioner with a
2 The Show Cause Order also notified Respondent
of his right to request a hearing or to submit a
written statement while waiving his right to a
hearing, the procedure for electing either option,
and the consequence of failing to elect either
option. Show Cause Order, at 3 (citing 21 CFR
1301.43). Also, the Show Cause Order notified
Respondent of his right to submit a Corrective
Action Plan and the procedures for doing so. Id.
(citing 21 U.S.C. 824(c)(2)(C)).
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hearing where he may prevail. Mot. for
Summ. Disp., at 3–7 (citations omitted).
As support for its motion, the
Government attached a copy of the
Medical Board’s Order of Temporary
Suspension and a printout from the
Medical Board’s Web site showing that
his license status was ‘‘SUSPENDED,
ACTIVE.’’ Id. at GXs C & D.
Respondent did not dispute that his
medical license has been suspended by
the Texas Board. Resp.’s Reply to Gov.
Mot. for Summ. Disp., at 1. Instead, he
argued that the Board’s Order cannot
‘‘serve as a predicate for summary
disposition’’ because the Order is not a
‘‘permanent action[] of the Board’’ and
is ‘‘not valid until and unless the
matters in the . . . order[] are brought
before a panel of the Medical Board for
an ‘Informal Settlement Conference’ and
if not resolved at the . . . conference, [a]
formal adjudication[] . . . which must
be initiated as soon as possible.’’ Id. at
1–2. Respondent argued that the
Medical Board has acted in violation of
Texas law by exempting itself from the
requirement that it initiate proceedings
within 30 days from the date of the
issuance of a summary suspension
order. Id. at 2–3. He further argued that
subsequent to the issuance of the
Board’s Order, there has been no
settlement conference and the Board did
not commence formal administrative
proceedings either within the 30 day
period or ‘‘ ‘as soon as practicable’ as
mandated by Texas’’ law. Id. at 4.
Respondent thus maintains that the
Government’s Motion is based on the
illegal actions of the Board. Id.
Respondent requested that the CALJ
deny the Government’s Motion and
‘‘hold in abeyance any decision on the
Government’s application until the
proper exhaustion of administrative and
judicial channels takes place in Texas.’’
Id. at 5.
The CALJ rejected Respondent’s
contentions, noting that ‘‘the Controlled
Substances Act (CSA) requires that, in
order to obtain or maintain a DEA
registration, a practitioner must be
authorized to handle controlled
substances in the State in which he
practices.’’ R.D. at 3–4 (citing 21 U.S.C.
823(f) and 802(21) (quotations omitted)).
While he was ‘‘not unmindful of
Respondent’s arguments regarding the
legality of the Board’s actions,’’ the
CALJ explained that ‘‘it is not within
this tribunal’s authority to evaluate the
lawfulness of the basis of a registrant’s
lack of state authority, and the validity
of other entities’ actions is not what is
at issue in these proceedings.’’ Id. at 4.
The CALJ then explained that the
‘‘disposition of the Government’s
Motion is wholly dependent upon the
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]]>Agencies
[Federal Register Volume 82, Number 87 (Monday, May 8, 2017)]
[Notices]
[Pages 21407-21408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09213]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms and Explosives
[OMB Number 1140-0020]
Agency Information Collection Activities; Proposed eCollection
eComments Requested; Revision of a Currently Approved Collection;
Firearms Transaction Record/Registro de Transacc[iacute]on de Armas
(ATF Form 4473 (5300.9)
AGENCY: Bureau of Alcohol, Tobacco, Firearms and Explosives, Department
of Justice.
ACTION: 60-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 collection OMB 1140-0020 (Firearms Transaction
Record (ATF Form 4473 (5300.9) is being revised to make available a
Spanish version (Registro de Transacc[iacute]on de Armas) as a courtesy
to Federal firearms licensees with clientele for whom Spanish is their
native language. The proposed information collection is also being
published to obtain comments from the public and affected agencies.
DATES: Comments are encouraged and will be accepted for 60 days until
July 7, 2017.
FOR FURTHER INFORMATION CONTACT: If you have additional comments,
particularly with respect to the estimated public burden or associated
response time, have suggestions, need a copy of the proposed
information collection instrument with instructions, or desire any
additional information, please contact Helen Koppe, Program Manager,
ATF Firearms & Explosives Industry Division either by mail at 99 New
York Avenue NE., Washington, DC 20226, or by email at
FederalRegisterNoticeATFF4473@atf.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;
--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 (check justification or form 83):
Revision of a currently approved collection.
2. The Title of the Form/Collection: Firearms Transaction Record/
Registro de Transacc[iacute]on de Armas.
3. The agency form number, if any, and the applicable component of
the Department sponsoring the collection:
Form number (if applicable): ATF Form 4473 (5300.9).
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: Individuals or households.
Other (if applicable): Business or other for-profit.
Abstract: The information and certification on the Form 4473 are
designed so that a person licensed under 18 U.S.C. 923 may determine if
he or she may lawfully sell or deliver a firearm to the person
identified in Section A. It also alerts buyers to certain restrictions
on the receipt and possession of firearms.
5. An estimate of the total number of respondents and the amount of
time estimated for an average respondent to respond: An estimate of the
total number of respondents and the amount of time estimated for an
average respondent to respond: An estimated 18,275,240 respondents will
utilize the form, and it will take each respondent approximately 30
minutes to complete the form.
6. An estimate of the total public burden (in hours) associated
with the collection: The estimated annual public burden associated with
this collection is 9,137,620, which is equal to (18,275,240
[[Page 21408]]
(total number of respondents) * .5 (30 minutes).
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: May 3, 2017.
Melody Braswell,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2017-09213 Filed 5-5-17; 8:45 am]
BILLING CODE 4410-FY-P
