Agency Information Collection Activities: Extension of a Currently Approved Collection; Comment Request, 42879-42880 [06-6567]
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Federal Register / Vol. 71, No. 145 / Friday, July 28, 2006 / Notices
combination of hydrocodone, either
alprazolam or diazepam (both Schedule
IV controlled substances), and
carisoprodol, a non-controlled
substance which metabolizes into
meprobamate (a Schedule IV controlled
substance), which is often used by drug
abusers in conjunction with narcotics.
Id. at 7. The Order alleged that these
physicians were ‘‘routinely prescrib[ing]
90 dosage units of hydrocodone, 90
dosage units of carisoprodol and 30
dosage unites of alprazolam at each
patient visit,’’ and that ‘‘[t]hese
prescriptions are generally not valid’’
because the physicians wrote them
without regard to the patient’s medical
history and diagnosis, and without
conducting an adequate physical exam.
Id. The Order further alleged that many
of these prescriptions were filled by
Respondent and that these prescriptions
were renewed at regular intervals. Id.
The Show Cause Order alleged that
Dr. Suzette Cullins was routinely
writing large numbers of combination
prescriptions for 90 hydrocodone, 30
alprazolam, and 90 carisoprodol. See id.
at 9. The Show Cause Order further
alleged that on various dates chosen at
random, Respondent had filled large
amounts of new combination
prescriptions that had been written by
this physician. See id. at 10. The lowest
number of new combination
prescriptions written by this physician
and filled by Respondent in a day was
sixty-five; Respondent frequently filled
more than 100 new combination
prescriptions written by this physician
in a day. See id.
The Show Cause Order thus alleged
that ‘‘[t]he sheer volume of combination
prescriptions issued by Dr. Cullins
should have caused [Respondent’s]
pharmacists to realize that the
prescriptions were not written in the
course of professional practice and were
therefore not valid.’’ Id. at 11. The Order
further alleged that ‘‘[t]he majority of
the prescriptions filled by’’ Respondent
were combination prescriptions, that
‘‘[p]atients receive[d] the same
prescriptions regardless of their sex, age,
weight, height, or health,’’ and that
‘‘[b]ased upon the sheer volume of
duplicate prescriptions from the large
volume of customers written by the
same group of doctors,’’ Respondent
either knew or had reason to know that
these prescriptions were not valid. Id.
The Order thus alleged that Respondent
and its pharmacists were ‘‘diverting
massive amounts of controlled
substances’’ in violation of 21 U.S.C.
841(a)(1) and 21 C.F.R. 1306.04. Id.
On May 5, 2005, Respondent
requested a hearing; the case was
assigned to Administrative Law Judge
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(ALJ) Mary Ellen Bittner. On May 25,
2005, the Government sought to stay the
proceeding and moved for summary
disposition. The basis for the motion
was that on April 28, 2005, Respondent
had entered into a consent agreement
with the Louisiana Board of Pharmacy.
Pursuant to the agreement, Respondent
surrendered its Louisiana Controlled
Dangerous Substances License. The
Government thus contended that
because Respondent no longer had
authority under state law to engage in
the distribution of controlled
substances, see 21 U.S.C. 824(a)(3), it
was no longer entitled to hold a federal
registration. The Government further
contended that Respondent’s request for
a hearing should be dismissed.
On June 9, 2005, Respondent filed a
response. Respondent advised that it
did not oppose the Government’s
motion. Respondent further
acknowledged that it had voluntarily
surrendered its state license and was
thus not eligible to hold a DEA
registration.
On June 29, 2005, the ALJ granted the
Government’s motion for summary
disposition. The ALJ observed that,
under longstanding agency precedent,
‘‘a registrant may not hold a DEA
registration if it is without appropriate
authority under the laws of the state in
which it does business.’’ ALJ Dec. at 2
(citing, inter alia, Rx Network of South
Florida, LLC, 69 FR 62093–01 (2004);
Wingfield Drugs, Inc., 52 FR 27070
(1987)). The ALJ further noted that
Respondent had admitted that it was no
longer licensed in Louisiana and thus
was not entitled to hold a DEA
registration. Id. Because there were no
material facts in dispute, the ALJ
granted the Government’s motion and
recommended that I revoke
Respondent’s registration and deny any
pending applications for renewal or
modification of its registration. See id.
at 2–3.
Having considered the record as a
whole, I hereby issue this decision and
final order. I adopt in its entirety the
ALJ’s opinion and recommended
decision. Because the facts are
straightforward and not in dispute, I
conclude that there is no need to
elaborate on them. As the ALJ found,
Respondent is no longer authorized to
distribute controlled substances under
State law. Therefore, under our
precedents, Respondent is not entitled
to maintain its DEA registration. See,
e.g., Rx Network of South Florida, 69 FR
at 62095.
Order
Accordingly, pursuant to the
authority vested in me by 21 U.S.C.
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42879
823(f) & 824(a), as well as 28 CFR
0.100(b) and 0.104, I hereby order that
DEA Certificate of Registration, No.
BT5626885, issued to The Medicine
Shoppe, be, and it hereby is, revoked. I
further order that any pending
applications for renewal or modification
of such registration be, and they hereby
are, denied. This order is effective
August 28, 2006.
Dated: July 20, 2006.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. E6–12100 Filed 7–27–06; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Office of Justice Programs
Office of Juvenile Justice and
Delinquency Prevention
Agency Information Collection
Activities: Extension of a Currently
Approved Collection; Comment
Request
60-Day Notice of Information
Collection Under Review: Helping
America’s Youth Community Resource
Inventory (OMB Number 1121–NEW).
ACTION:
The U.S. Department of Justice (DOJ)
has submitted the following information
collection request on behalf of the
Executive Office of the President 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 is published to
obtain comments from the public and
affected agencies. Comments are
encouraged and will be accepted for 60
days until September 26, 2006. This
process is conducted in accordance with
5 CFR 1320.10.
If you have additional comments,
suggestions, or need a copy of the
proposed information collection
instrument with instructions or
additional information, please contact
Phelan Wyrick, (202) 353–9254, Office
of Juvenile Justice and Delinquency
Prevention, Office of Justice Programs,
U.S. Department of Justice, 810 Seventh
Street, NW., Washington, DC 20531.
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:
1. Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
function of the agency, including
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42880
Federal Register / Vol. 71, No. 145 / Friday, July 28, 2006 / Notices
whether the information will have
practical utility;
2. 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;
3. Enhance the quality, utility, and
clarity of the information to be
collected; and
4. 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
rwilkins on PROD1PC63 with NOTICES
1. Type of Information Collection:
Extension of a currently approved
collection.
2. Title of the Form/Collection:
Helping America’s Youth Community
Resource Inventory.
3. Agency form number, if any, and
the applicable component of the
government sponsoring the collection:
U.S. Department of Justice on behalf of
the Executive Office of the President.
4. Affected public who will be asked
or required to respond, as well as a brief
abstract:
Primary: Individuals and
organizations involved in building
partnerships to help youth.
Other: None.
Abstract: This is an online database
provided as a service to communities
that wish to identify local youth-serving
programs and resources. Participation is
voluntary.
5. An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: It is estimated that 500
respondents will take 80 hours each to
enter data.
6. An estimate of the total public
burden (in hours) associated with the
collection: There are an estimated
40,000 total annual burden hours
associated with this collection.
If additional information is required,
contact Ms. Lynn Bryant, Clearance
Officer, U.S. Department of Justice,
Justice Management Division, Policy
and Planning Staff, Patrick Henry
Building, Suite 1600, 601 D Street, NW.,
Washington, DC 20530.
Dated: July 25, 2006.
Lynn Bryant,
Department Clearance Officer, U.S.
Department of Justice.
[FR Doc. 06–6567 Filed 7–27–06; 8:45 am]
BILLING CODE 4410–18–M
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NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–029]
Yankee Atomic Electric Company;
Yankee Nuclear Power Station; Partial
Exemption
1.0
Background
Yankee Atomic Electric Company
(YAEC, the licensee) is the licensee and
holder of Facility Operating License No.
DPR–3 for the Yankee Nuclear Power
Station (YNPS), a permanently
shutdown decommissioning nuclear
plant. Although permanently shutdown,
this facility is still subject to all rules,
regulations, and orders of the U.S.
Nuclear Regulatory Commission (NRC).
YNPS is a deactivated pressurizedwater nuclear reactor located in
northwestern Massachusetts in Franklin
County, near the southern Vermont
border. The YNPS plant was
constructed between 1958 and 1960 and
operated commercially at 185
megawatts electric (after a 1963
upgrade) until 1992. In 1992, YAEC
determined that closing of the plant
would be in the best economic interest
of its customers. In December 1993,
NRC amended the YNPS operating
license to retain a ‘‘possession-only’’
status. YAEC began dismantling and
decommissioning activities at that time.
Transfer of the spent fuel from the Spent
Fuel Pit (SFP) to the Independent Spent
Fuel Storage Installation (ISFSI) was
completed in June 2003. With the
exception of the greater than class C
waste stored at the ISFSI, the reactor
and all associated systems and
components, including those associated
with storage of spent fuel in the SFP,
have been removed from the facility and
disposed of offsite. In addition, the
structures housing these systems and
components have been demolished.
Physical work associated with the
decommissioning of YNPS is scheduled
to be completed in 2006.
By letter dated February 15, 2006, as
supplemented on March 23, 2006,
YAEC filed a request for NRC approval
of a partial exemption from the record
keeping requirements of 10 CFR
50.71(c); 10 CFR part 50, Appendix A;
10 CFR part 50, Appendix B; and 10
CFR 50.59(d)(3).
2.0
Request/Action
YAEC is requesting the following
exemption, for records pertaining to
systems, structures, or components
(SSCs) and/or activities associated with
the nuclear power generating unit,
Spent Fuel Pit, and associated support
systems, from the retention
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Fmt 4703
Sfmt 4703
requirements of: (1) 10 CFR part 50
Appendix A Criterion 1 which requires
certain records be retained ‘‘throughout
the life of the unit’’; (2) 10 CFR part 50
Appendix B Criterion XVII which
requires certain records be retained
consistent with regulatory requirements
for a duration established by the
licensee; (3) 10 CFR 50.59(d)(3) which
requires certain records be maintained
until ‘‘termination of a license issued
pursuant to’’ part 50; and (4) 10 CFR
50.71(c) which requires records
retention for the period specified in the
regulations or until license termination.
3.0 Discussion
Most of these records are for SSCs that
have been removed from Yankee and
disposed of off-site. Disposal of these
records will not adversely impact the
ability to meet other NRC regulatory
requirements for the retention of records
[e.g., 10 CFR 50.54(a), (p), (q), and (bb);
10 CFR 50.59(d); 10 CFR 50.75(g); etc.].
These regulatory requirements ensure
that records from operation and
decommissioning activities are
maintained for safe decommissioning,
spent nuclear fuel storage, completion
and verification of final site survey, and
license termination.
Specific Exemption Is Authorized by
Law
10 CFR 50.71(d)(2) allows for the
granting of specific exemptions to the
record retention requirements specified
in the regulations.
NRC regulation 10 CFR 50.71(d)(2)
states, in part:
* * * the retention period specified in the
regulations in this part for such records shall
apply unless the Commission, pursuant to
§ 50.12 of this part, has granted a specific
exemption from the record retention
requirements specified in the regulations in
this part.
Based on 10 CFR 50.71(d)(2), if the
specific exemption requirements of 10
CFR 50.12 are satisfied, the exemption
from the recordkeeping requirements of
10 CFR 50.71(c); 10 CFR part 50,
Appendix A; 10 CFR part 50, Appendix
B, and 10 CFR 50.59(d)(3) is authorized
by law.
Specific Exemption Will Not Present an
Undue Risk to the Public Health and
Safety
With all the spent nuclear fuel
transferred to the Yankee ISFSI, there is
insufficient radioactive material
remaining on the Yankee 10 CFR part 50
licensed site to pose any significant
potential risk to the public health and
safety under any credible event
scenario. This provides additional
assurance that the partial exemption for
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Agencies
[Federal Register Volume 71, Number 145 (Friday, July 28, 2006)]
[Notices]
[Pages 42879-42880]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-6567]
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DEPARTMENT OF JUSTICE
Office of Justice Programs
Office of Juvenile Justice and Delinquency Prevention
Agency Information Collection Activities: Extension of a
Currently Approved Collection; Comment Request
ACTION: 60-Day Notice of Information Collection Under Review: Helping
America's Youth Community Resource Inventory (OMB Number 1121-NEW).
-----------------------------------------------------------------------
The U.S. Department of Justice (DOJ) has submitted the following
information collection request on behalf of the Executive Office of the
President 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 is published to obtain comments from
the public and affected agencies. Comments are encouraged and will be
accepted for 60 days until September 26, 2006. This process is
conducted in accordance with 5 CFR 1320.10.
If you have additional comments, suggestions, or need a copy of the
proposed information collection instrument with instructions or
additional information, please contact Phelan Wyrick, (202) 353-9254,
Office of Juvenile Justice and Delinquency Prevention, Office of
Justice Programs, U.S. Department of Justice, 810 Seventh Street, NW.,
Washington, DC 20531.
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:
1. Evaluate whether the proposed collection of information is
necessary for the proper performance of the function of the agency,
including
[[Page 42880]]
whether the information will have practical utility;
2. 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;
3. Enhance the quality, utility, and clarity of the information to
be collected; and
4. 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
1. Type of Information Collection: Extension of a currently
approved collection.
2. Title of the Form/Collection: Helping America's Youth Community
Resource Inventory.
3. Agency form number, if any, and the applicable component of the
government sponsoring the collection: U.S. Department of Justice on
behalf of the Executive Office of the President.
4. Affected public who will be asked or required to respond, as
well as a brief abstract:
Primary: Individuals and organizations involved in building
partnerships to help youth.
Other: None.
Abstract: This is an online database provided as a service to
communities that wish to identify local youth-serving programs and
resources. Participation is voluntary.
5. An estimate of the total number of respondents and the amount of
time estimated for an average respondent to respond: It is estimated
that 500 respondents will take 80 hours each to enter data.
6. An estimate of the total public burden (in hours) associated
with the collection: There are an estimated 40,000 total annual burden
hours associated with this collection.
If additional information is required, contact Ms. Lynn Bryant,
Clearance Officer, U.S. Department of Justice, Justice Management
Division, Policy and Planning Staff, Patrick Henry Building, Suite
1600, 601 D Street, NW., Washington, DC 20530.
Dated: July 25, 2006.
Lynn Bryant,
Department Clearance Officer, U.S. Department of Justice.
[FR Doc. 06-6567 Filed 7-27-06; 8:45 am]
BILLING CODE 4410-18-M