Agency Information Collection Activities; Submission for OMB Review; Comment Request; Workforce Innovation Fund Grants Reporting and Recordkeeping Requirements, 21430-21431 [2017-09238]
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Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Notices
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regulations. Id. at 474. While he
attempted to shift the blame to his
attorneys and consultant for failing to
tell him what was required under the
MOA, Respondent offered no testimony
that he asked either his attorneys or
consultant to explain what was
required. Id. at 473–74. So too, while
Respondent submitted the first two
quarterly reports in a timely fashion,
thereafter, he blew off this requirement
until he was confronted by the DI.
So too, even acknowledging that the
absolute amounts of the testosterone
being handled by the various clinics
were not especially large, it is notable
that six of the clinics had recordkeeping
violations including missing
inventories, missing receipt records, and
missing required information related to
the clinics’ administration of the drug.
And notwithstanding his legally
erroneous contention that he cannot be
held to have violated the CSA’s
recordkeeping requirements at the nonCy Fair clinics because he was not the
registrant at those clinics, there were
recordkeeping violations even at the CyFair clinic, where he was registered.
Likewise, while he agreed that if his
clinics engaged in administration or
dispensing, the provider would be
registered at the clinic, here again,
Respondent breached the agreement.
Particularly egregious is his failure to
ensure that there was a registered
provider at the Victoria clinic, where
testosterone was administered at least
117 times during a three-month period
when no practitioner was registered at
the clinic.
I thus conclude that Respondent’s
misconduct was egregious (a conclusion
which is buttressed by my findings with
respect to Factor Five), and given his
failure to offer a credible and
meaningful acceptance of responsibility,
I hold that he has not refuted the
conclusion that his continued
registration ‘‘is inconsistent with the
public interest’’ and that both the
revocation of his Florida registration
and the denial of his Texas renewal
application are warranted.43
43 I have also considered Respondent’s argument
that ‘‘[r]evocation is too severe and [is] not
required.’’ Resp. Exceptions, at 7. Therein,
Respondent maintains that ‘‘it seems clear that
recordkeeping violations of the type found in this
case are rarely if ever a reasons [sic] to revoke a
provider’s DEA registration.’’ Id. He also contends
‘‘that the conduct proven in this case seems far less
egregious than any of the 2015 cases including the
two (Corbett and Zina), which did not result in . . .
revocation.’’ Id. at 7–8.
Contrary to Respondent’s understanding,
recordkeeping violations alone can support the
revocation of a registration or the denial of an
application, and in this case, there were violations
of multiple requirements at nearly every one of the
clinics. See Keith Ky Ly, 80 FR 29025, 29035 (2015)
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I further agree with the CALJ that the
Agency’s interests in both specific and
general deterrence support the
revocation of his Florida registration
and the denial of his Texas application.
As for the Agency’s interest in specific
deterrence, Respondent is not barred
from reapplying in the future, and were
Respondent to do so and offer a credible
acknowledgement of his misconduct (to
go along with his remedial measures)
and be granted a new registration, the
sanctions I impose in this Decision and
Order would hopefully deter him from
engaging in future misconduct. As for
the Agency’s interest in general
deterrence, not only does the Agency
have an obvious and manifest interest in
deterring violations of the CSA and
regulations by members of the regulated
community, the Agency also has a
manifest interest in ensuring that those
members to whom it extends the
forbearance of an MOA will comply
with the terms of those agreements.
I therefore conclude that Respondent
has not refuted the Government’s prima
facie showing that his registrations are
not consistent with the public interest.
21 U.S.C. 823(f), 824(a) (4). Accordingly,
I will order that Respondent’s Florida
registration be revoked and that his
application to renew his expired Texas
registration be denied.
(citing Paul H. Volkman, 73 FR 30630, 30644
(2008)). Nor is the evidence in this matter confined
to the recordkeeping violations, as it also includes
his failure to file the required quarterly reports, his
failure to ensure that there was a provider who was
registered at the clinics which were dispensing or
administering controlled substances, his use of
prescriptions to obtain controlled substances for
general dispensing to patients, his false statement
in denying that he was subject to the MOA, his
obstructionist behavior when the DI requested
certain information, and his giving false testimony
as to the reason why he denied to the DI that he
was under the MOA.
As for Respondent’s reference to the ‘‘Corbett’’
case, Respondent did not provide a citation and I
am unaware of any case involving a respondent
with this name. As for his reference to the ‘‘Zina’’
case, even assuming that this was typographical
error and that Respondent was referring to Abbas
E. Sina, 80 FR 53191 (2015), a self-abuse case, the
case provides no comfort to Respondent because Dr.
Sina fully admitted to his misconduct. Id. at 53201.
(Dr. Sina also offered credible evidence of his
rehabilitation, including four years of compliance
with his monitoring contract with no failed drug
tests, as well as the testimony of two physicians
who attested to his commitment to his recovery and
compliance with his monitoring contract. See id. at
53201–202). I thus reject’s Respondent’s contention.
Finally, while Respondent also invokes Morall v.
DEA, he ignores that, in that case, there were
findings that the respondent’s recordkeeping
violations ‘‘occurred over a fairly short period of
time’’ and that the respondent ‘‘appeared to regret’’
her misconduct. 412 F.2d at 166; see also id. at 183.
Here, by contrast, Respondent’s recordkeeping
violations are not confined to a fairly short period
and involve multiple clinics, and as the CALJ
concluded, Respondent has not offered a credible
acceptance of responsibility.
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Order
Pursuant to the authority vested in me
by 21 U.S.C. 823(f) and 824(a)(4), as
well as 28 CFR 0.100(b), I order that
DEA Certificate of Registration
FZ2418401 issued to Roberto Zayas,
M.D., be, and it hereby is, revoked. I
also order that any pending application
of Roberto Zayas, M.D., to renew or
modify this registration, be, and it
hereby is, denied.
I further order that that the pending
application of Roberto Zayas, M.D., to
renew DEA Certificate of Registration
FZ2249743, be, and it hereby is, denied.
I further order that any other pending
application of Roberto Zayas, M.D., for
a DEA Certificate of Registration, be,
and it hereby is, denied. This Order is
effective June 7, 2017.
Dated: April 28, 2017.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2017–09285 Filed 5–5–17; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; Workforce
Innovation Fund Grants Reporting and
Recordkeeping Requirements
ACTION:
Notice.
The Department of Labor
(DOL) is submitting the Employment
and Training Administration (ETA)
sponsored information collection
request (ICR) titled, ‘‘Workforce
Innovation Fund Grants Reporting and
Recordkeeping Requirements,’’ to the
Office of Management and Budget
(OMB) for review and approval for
continued use, without change, in
accordance with the Paperwork
Reduction Act of 1995. Public
comments on the ICR are invited.
DATES: The OMB will consider all
written comments that agency receives
on or before June 7, 2017.
ADDRESSES: A copy of this ICR with
applicable supporting documentation;
including a description of the likely
respondents, proposed frequency of
response, and estimated total burden
may be obtained free of charge from the
RegInfo.gov Web site at https://
www.reginfo.gov/public/do/
PRAViewICR?ref_nbr=201702-1205-004
(this link will only become active on the
day following publication of this notice)
or by contacting Michel Smyth by
telephone at 202–693–4129, TTY 202–
SUMMARY:
E:\FR\FM\08MYN1.SGM
08MYN1
Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Notices
693–8064, (these are not toll-free
numbers) or by email at DOL_PRA_
PUBLIC@dol.gov.
Submit comments about this request
by mail or courier to the Office of
Information and Regulatory Affairs,
Attn: OMB Desk Officer for DOL–ETA,
Office of Management and Budget,
Room 10235, 725 17th Street NW.,
Washington, DC 20503; by Fax: 202–
395–5806 (this is not a toll-free
number); or by email: OIRA_
submission@omb.eop.gov. Commenters
are encouraged, but not required, to
send a courtesy copy of any comments
by mail or courier to the U.S.
Department of Labor-OASAM, Office of
the Chief Information Officer, Attn:
Departmental Information Compliance
Management Program, Room N1301,
200 Constitution Avenue NW.,
Washington, DC 20210; or by email:
DOL_PRA_PUBLIC@dol.gov.
FOR FURTHER INFORMATION CONTACT:
Michel Smyth by telephone at 202–693–
4129, TTY 202–693–8064, (these are not
toll-free numbers) or by email at DOL_
PRA_PUBLIC@dol.gov.
Authority: 44 U.S.C. 3507(a)(1)(D).
This ICR
seeks to extend PRA authority for the
Workforce Innovation Fund (WIF)
Grants Reporting and Recordkeeping
Requirements information collection. It
features quarterly performance narrative
reports that document grantees’
innovative strategies and effective
practices and lessons learned from the
diverse WIF projects. All data collection
and reporting is done by grantee
organizations. The performance
reporting requirements align with
outcome categories identified in the
Solicitation for Grant Applications used
to award the WIF grants. The quarterly
performance narrative reports provide a
detailed account of program activities,
accomplishments, and progress toward
performance outcomes during the
quarter. Specifically, these reports
include aggregate information on
participants’ grant progress and
accomplishments, grant challenges,
grant technical assistance needs and
success stories and lessons learned. The
performance outcomes are defined by
each grantee. Each grant has a unique
set of performance goals and outcome
measures according to the specific
innovation and project being pursued in
the grant. The performance narrative
reports, to be completed quarterly,
include a narrative of grant activities
and the unique grant performance and
evaluation measures and key project
milestones identified by the grantees. As
a result, the specific performance
asabaliauskas on DSK3SPTVN1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
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measures for each grant may be
different.
This information collection is subject
to the PRA. A Federal agency generally
cannot conduct or sponsor a collection
of information, and the public is
generally not required to respond to an
information collection, unless it is
approved by the OMB under the PRA
and displays a currently valid OMB
Control Number. In addition,
notwithstanding any other provisions of
law, no person shall generally be subject
to penalty for failing to comply with a
collection of information that does not
display a valid Control Number. See 5
CFR 1320.5(a) and 1320.6. The DOL
obtains OMB approval for this
information collection under Control
Number 1205–0515.
OMB authorization for an ICR cannot
be for more than three (3) years without
renewal, and the current approval for
this collection is scheduled to expire on
June 30, 2017. The DOL seeks to extend
PRA authorization for this information
collection for three (3) more years,
without any change to existing
requirements. The DOL notes that
existing information collection
requirements submitted to the OMB
receive a month-to-month extension
while they undergo review. For
additional substantive information
about this ICR, see the related notice
published in the Federal Register on
December 23, 2016 (81 FR 94422).
Interested parties are encouraged to
send comments to the OMB, Office of
Information and Regulatory Affairs at
the address shown in the ADDRESSES
section within thirty (30) days of
publication of this notice in the Federal
Register. In order to help ensure
appropriate consideration, comments
should mention OMB Control Number
1205–0515. The OMB is particularly
interested in comments that:
• 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;
• Enhance the quality, utility, and
clarity of the information to be
collected; 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,
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21431
e.g., permitting electronic submission of
responses.
Agency: DOL–ETA.
Title of Collection: Workforce
Innovation Fund Grants Reporting and
Recordkeeping Requirements.
OMB Control Number: 1205–0515.
Affected Public: State, Local, and
Tribal Governments.
Total Estimated Number of
Respondents: 17.
Total Estimated Number of
Responses: 68.
Total Estimated Annual Time Burden:
1,360 hours.
Total Estimated Annual Other Costs
Burden: $0.
Dated: May 1, 2017.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2017–09238 Filed 5–5–17; 8:45 am]
BILLING CODE 4510–FN–P
OFFICE OF THE FEDERAL REGISTER
Publication Procedures for Federal
Register Documents During a Funding
Hiatus
Office of the Federal Register.
Notice of special procedures.
AGENCY:
ACTION:
In the event of an
appropriations lapse, the Office of the
Federal Register (OFR) would be
required to publish documents directly
related to the performance of
governmental functions necessary to
address imminent threats to the safety of
human life or protection of property.
Since it would be impracticable for the
OFR to make case-by-case
determinations as to whether certain
documents are directly related to
activities that qualify for an exemption
under the Antideficiency Act, the OFR
will place responsibility on agencies
submitting documents to certify that
their documents relate to emergency
activities authorized under the Act.
FOR FURTHER INFORMATION CONTACT:
Amy Bunk, Director of Legal Affairs and
Policy, or Miriam Vincent, Staff
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SUPPLEMENTARY INFORMATION: Due to the
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E:\FR\FM\08MYN1.SGM
08MYN1
]]>Agencies
[Federal Register Volume 82, Number 87 (Monday, May 8, 2017)]
[Notices]
[Pages 21430-21431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09238]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection Activities; Submission for OMB
Review; Comment Request; Workforce Innovation Fund Grants Reporting and
Recordkeeping Requirements
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor (DOL) is submitting the Employment and
Training Administration (ETA) sponsored information collection request
(ICR) titled, ``Workforce Innovation Fund Grants Reporting and
Recordkeeping Requirements,'' to the Office of Management and Budget
(OMB) for review and approval for continued use, without change, in
accordance with the Paperwork Reduction Act of 1995. Public comments on
the ICR are invited.
DATES: The OMB will consider all written comments that agency receives
on or before June 7, 2017.
ADDRESSES: A copy of this ICR with applicable supporting documentation;
including a description of the likely respondents, proposed frequency
of response, and estimated total burden may be obtained free of charge
from the RegInfo.gov Web site at https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201702-1205-004 (this link will only become active
on the day following publication of this notice) or by contacting
Michel Smyth by telephone at 202-693-4129, TTY 202-
[[Page 21431]]
693-8064, (these are not toll-free numbers) or by email at
DOL_PRA_PUBLIC@dol.gov.
Submit comments about this request by mail or courier to the Office
of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-
ETA, Office of Management and Budget, Room 10235, 725 17th Street NW.,
Washington, DC 20503; by Fax: 202-395-5806 (this is not a toll-free
number); or by email: OIRA_submission@omb.eop.gov. Commenters are
encouraged, but not required, to send a courtesy copy of any comments
by mail or courier to the U.S. Department of Labor-OASAM, Office of the
Chief Information Officer, Attn: Departmental Information Compliance
Management Program, Room N1301, 200 Constitution Avenue NW.,
Washington, DC 20210; or by email: DOL_PRA_PUBLIC@dol.gov.
FOR FURTHER INFORMATION CONTACT: Michel Smyth by telephone at 202-693-
4129, TTY 202-693-8064, (these are not toll-free numbers) or by email
at DOL_PRA_PUBLIC@dol.gov.
Authority: 44 U.S.C. 3507(a)(1)(D).
SUPPLEMENTARY INFORMATION: This ICR seeks to extend PRA authority for
the Workforce Innovation Fund (WIF) Grants Reporting and Recordkeeping
Requirements information collection. It features quarterly performance
narrative reports that document grantees' innovative strategies and
effective practices and lessons learned from the diverse WIF projects.
All data collection and reporting is done by grantee organizations. The
performance reporting requirements align with outcome categories
identified in the Solicitation for Grant Applications used to award the
WIF grants. The quarterly performance narrative reports provide a
detailed account of program activities, accomplishments, and progress
toward performance outcomes during the quarter. Specifically, these
reports include aggregate information on participants' grant progress
and accomplishments, grant challenges, grant technical assistance needs
and success stories and lessons learned. The performance outcomes are
defined by each grantee. Each grant has a unique set of performance
goals and outcome measures according to the specific innovation and
project being pursued in the grant. The performance narrative reports,
to be completed quarterly, include a narrative of grant activities and
the unique grant performance and evaluation measures and key project
milestones identified by the grantees. As a result, the specific
performance measures for each grant may be different.
This information collection is subject to the PRA. A Federal agency
generally cannot conduct or sponsor a collection of information, and
the public is generally not required to respond to an information
collection, unless it is approved by the OMB under the PRA and displays
a currently valid OMB Control Number. In addition, notwithstanding any
other provisions of law, no person shall generally be subject to
penalty for failing to comply with a collection of information that
does not display a valid Control Number. See 5 CFR 1320.5(a) and
1320.6. The DOL obtains OMB approval for this information collection
under Control Number 1205-0515.
OMB authorization for an ICR cannot be for more than three (3)
years without renewal, and the current approval for this collection is
scheduled to expire on June 30, 2017. The DOL seeks to extend PRA
authorization for this information collection for three (3) more years,
without any change to existing requirements. The DOL notes that
existing information collection requirements submitted to the OMB
receive a month-to-month extension while they undergo review. For
additional substantive information about this ICR, see the related
notice published in the Federal Register on December 23, 2016 (81 FR
94422).
Interested parties are encouraged to send comments to the OMB,
Office of Information and Regulatory Affairs at the address shown in
the ADDRESSES section within thirty (30) days of publication of this
notice in the Federal Register. In order to help ensure appropriate
consideration, comments should mention OMB Control Number 1205-0515.
The OMB is particularly interested in comments that:
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;
Enhance the quality, utility, and clarity of the
information to be collected; 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.
Agency: DOL-ETA.
Title of Collection: Workforce Innovation Fund Grants Reporting and
Recordkeeping Requirements.
OMB Control Number: 1205-0515.
Affected Public: State, Local, and Tribal Governments.
Total Estimated Number of Respondents: 17.
Total Estimated Number of Responses: 68.
Total Estimated Annual Time Burden: 1,360 hours.
Total Estimated Annual Other Costs Burden: $0.
Dated: May 1, 2017.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2017-09238 Filed 5-5-17; 8:45 am]
BILLING CODE 4510-FN-P
