Agency Information Collection Activities; Proposed Collection, 30644-30645 [E8-11877]
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30644
Federal Register / Vol. 73, No. 103 / Wednesday, May 28, 2008 / Notices
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Thereafter, in January 2004,
Respondent represented to the Ohio
Board that ‘‘[a]ll log books are current
and up to date and are being kept
current.’’ GX 11. He also stated that
‘‘[a]ll controlled medication being
dispensed * * * is being logged as it is
filled.’’ GX 11.
Notwithstanding Respondent’s
representations to the state board, on
June 7, 2005, DEA investigators could
not find any dispensing logs for the year
2004, and Denise Huffman admitted that
there were no such logs. Tr. 670. Under
Federal regulations, however,
Respondent was required to maintain
these records for a period of two years.
See 21 U.S.C. 827(b). Moreover, given
the circumstances in which the 2005
logs were not at the clinic but were later
provided to the Government only after
copies of the patient files were given to
the clinic (following the search), and
that the logs appeared to be brand new,
it is most unlikely that these were
accurate records. In any event, the
various dispensing logs were required to
be maintained at the clinic. See 21 CFR
1304.04(1). Respondent thus repeatedly
violated Federal law by failing to
maintain the required records and did
so over a sustained period of time. It is
no defense that Respondent delegated
this responsibility to Ms. Huffman.42 Tr.
1511.
Aggravating these violations is the
fact that he ordered extraordinary
quantities of various highly abused
controlled substances and that there is
no way—given the wholly deficient
recordkeeping—to determine where
these drugs have gone. Recordkeeping is
one of the CSA’s central features; a
registrant’s accurate and diligent
adherence to this obligation is
absolutely essential to protect against
the diversion of controlled substances.
Given the extraordinary quantities of
controlled substances which
Respondent ordered and his complete
lack of accountability for them, it is
likely that most of these drugs were
diverted. Respondent’s failure to
maintain accurate records (assuming
that they were ever accurately
maintained beyond August 2003,43 see
GX 11, at 2), provides a further reason—
which is sufficient by itself—to
conclude that granting him a
42 As I have previously explained, when a
registrant authorizes another person to perform acts
under his registration, he is responsible for that
individual’s misuse of the registration and failure
to perform required acts. See Rose Mary Jacinta
Lewis, 72 FR 4035, 4040 (2007); see also Summer
Grove Pharmacy, 54 FR 28522, 28523 (1989).
43 While Agent Kinneer stated in his report that
during his February 2004 visit, Respondent and
Alice Huffman gave him dispensing logs, no such
logs were found during the June 2005 search.
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16:31 May 27, 2008
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registration would ‘‘be inconsistent with
the public interest.’’ 21 U.S.C. 823(f).
At the hearing, Respondent testified
that ‘‘as far as I was concerned, as far
as my knowledge of Ohio law, Federal
law, standards of care of pain
management, and anything else I could
find, I had done nothing wrong, and was
following absolutely prescribed
procedures that I should in every
respect.’’ Tr. 1439. I beg to differ. As the
record shows, Respondent is an
egregious violator of the CSA’s
requirements with respect to both his
prescribing practices and compliance
with the Act’s recordkeeping
requirements.44 And even assuming—
given the remedial purpose of
proceedings under section 303—that
there could be circumstances in which
an egregious violator of the Act might
convincingly establish that he has
reformed, Respondent has offered no
credible evidence to demonstrate that he
can be entrusted with a new
registration. Accordingly, I conclude
that granting Respondent’s application
for a new registration would be
‘‘inconsistent with the public
interest.’’ 45 21 U.S.C. 823(f).
Order
Pursuant to the authority vested in me
by 21 U.S.C. 823(f), as well as 28 CFR
0.100(b) & 0.104, I order that the
application of Paul H. Volkman, M.D.,
for a DEA Certificate of Registration as
a practitioner be, and it hereby is,
denied. This order is effective June 27,
2008.
Dated: May 16, 2008.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. E8–11851 Filed 5–27–08; 8:45 am]
BILLING CODE 4410–09–P
MERIT SYSTEMS PROTECTION
BOARD
Agency Information Collection
Activities; Proposed Collection
AGENCY:
Merit Systems Protection
Board.
ACTION:
Notice.
SUMMARY: In compliance with the
Paperwork Reduction Act (PRA), the
44 There is also evidence in the record that
Respondent told a patient (J.R.) to sell a drug
(Soma) if he did not take it. Tr. 42 & 104. While
Soma is not controlled under Federal law, the
evidence is nonetheless probative of Respondent’s
intent.
45 In light of the extensive evidence of
Respondent’s misconduct, I conclude that it is
unnecessary to make findings regarding the
remaining factors.
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U.S. Merit Systems Protection Board
(MSPB) announces that it is planning to
submit a request for a three-year
extension of an Information Collection
Request (ICR) to the Office of
Management and Budget (OMB). Before
submitting this ICR to OMB for review
and approval, MSPB is soliciting
comments on specific aspects of its
information collection activities as
described below.
DATES: Written comments must be
received on or before June 27, 2008.
ADDRESSES: Submit written comments
on the collection of information to Dr.
Dee Ann Batten, Merit Systems
Protection Board, 1615 M Street, NW.,
Washington, DC 20419.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be directed to Dr. Dee Ann
Batten at (202) 653–6772, ext. 1411.
SUPPLEMENTARY INFORMATION: Under the
PRA (44 U.S.C. 3501–3520), Federal
agencies must obtain approval from
OMB for each collection of information
they conduct or sponsor. The MSPB
intends to ask for a three-year renewal
of its Generic Clearance Request for
Voluntary Customer Surveys, OMB
Control No. 3124–0012. Executive Order
12862, ‘‘Setting Customer Service
Standards,’’ mandates that agencies
identify their customers and survey
them to determine the kind and quality
of services they want and their level of
satisfaction with existing services.
In this regard, we are soliciting
comments on the public reporting
burden. The reporting burden for the
collection of information on this request
is estimated to vary from 5 minutes to
30 minutes, with an average of 15
minutes, including time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection of information.
In the estimated annual reporting
burden listed below, the reason that the
annual number of respondents differs
from the number of total annual
responses is that the latter figure
assumes a 60% response rate. Our
experience has been that fewer than
60% of those invited to participate in
our voluntary customer surveys avail
themselves of that opportunity.
In addition, the MSPB invites
comments on (1) Whether the proposed
collection of information is necessary
for the proper performance of MSPB’s
functions, including whether the
information will have practical utility;
(2) the accuracy of MSPB’s estimate of
burden of the proposed collection of
information, including the validity of
the methodology and assumptions used;
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Federal Register / Vol. 73, No. 103 / Wednesday, May 28, 2008 / Notices
(3) ways to enhance the quality, utility,
and clarity of the information to be
collected; and (4) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
ESTIMATED ANNUAL REPORTING BURDEN
Annual
number of
respondents
5 CFR parts
1201, 1208, and 1209 ..........................................................
William D. Spencer,
Clerk of the Board.
[FR Doc. E8–11877 Filed 5–27–08; 8:45 am]
BILLING CODE 7401–01–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Notice (08–048)]
NASA Advisory Council; Science
Committee; Planetary Science
Subcommittee; Meeting
National Aeronautics and
Space Administration.
ACTION: Notice of meeting.
AGENCY:
SUMMARY: The National Aeronautics and
Space Administration (NASA)
announces a meeting of the Planetary
Science Subcommittee of the NASA
Advisory Council (NAC). This
Subcommittee reports to the Science
Committee of the NAC. The Meeting
will be held for the purpose of soliciting
from the scientific community and other
persons scientific and technical
information relevant to program
planning.
Monday, June 23, 2008, 8:30 a.m.
to 6:30 p.m., and Tuesday, June 24,
2008, 8:30 a.m. to 4:30 p.m.
ADDRESSES: NASA Goddard Space
Flight Center, Building 1, Room E100E,
8800 Greenbelt Road, Greenbelt,
Maryland 20771.
FOR FURTHER INFORMATION CONTACT: Ms.
Marian Norris, Science Mission
Directorate, NASA Headquarters,
Washington, DC 20546, (202) 358–4452,
fax (202) 358–4118, or
mnorris@nasa.gov.
DATES:
The
meeting will be open to the public up
to the capacity of the room. The agenda
for the meeting includes the following
topics:
—Planetary Science Division Update;
—Analysis Group and Management
Operations Working Group Reports;
—Update on International Mars
Architecture for Returning Samples;
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SUPPLEMENTARY INFORMATION:
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Frequency per
response
2,500
1
—Evaluation of the Government
Performance and Results Act
Outcomes;
—Discussion with the New Associate
Administrator for Science Mission
Directorate.
It is imperative that the meeting be
held on these dates to accommodate the
scheduling priorities of the key
participants. Attendees will be
requested to sign a register and to
comply with NASA security
requirements, including the
presentation of a valid picture ID, before
receiving an access badge. Foreign
nationals attending this meeting will be
required to provide the following
information no less than 15 working
days prior to the meeting: Full name;
gender; date/place of birth; citizenship;
social security number; green card
information (resident alien number,
expiration date); visa information
(number, type, expiration date);
passport information (number, country
of issue, expiration date); employer/
affiliation information (name of
institution, title/position, address,
country of employer, telephone, email
address); title/position of attendee. To
expedite admittance, attendees with
U.S. citizenship can provide identifying
information 4 working days in advance
by contacting Marian Norris via e-mail
at mnorris@nasa.gov or by telephone at
(202) 358–4452.
Dated: May 20, 2008.
P. Diane Rausch,
Advisory Committee Management Officer,
National Aeronautics and Space
Administration.
[FR Doc. E8–11805 Filed 5–27–08; 8:45 am]
BILLING CODE 7510–13–P
NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
Agency Information Collection
Activities: Submission for OMB
Review; Comment Request
National Archives and Records
Administration (NARA).
ACTION: Notice.
AGENCY:
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Total annual
responses
1,500
Hours per
response
(average)
0.25
Total hours
375
SUMMARY: NARA is giving public notice
that the agency has submitted to OMB
for approval the information collection
described in this notice. The public is
invited to comment on the proposed
information collection pursuant to the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted to OMB at the address below
on or before June 27, 2008 to be assured
of consideration.
ADDRESSES: Send comments to Desk
Officer for NARA, Office of Management
and Budget, New Executive Office
Building, Washington, DC 20503; fax:
202–395–5167.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the proposed information
collection and supporting statement
should be directed to Tamee Fechhelm
at telephone number 301–837–1694 or
fax number 301–713–7409.
SUPPLEMENTARY INFORMATION: Pursuant
to the Paperwork Reduction Act of 1995
(Pub. L. 104–13), NARA invites the
general public and other Federal
agencies to comment on proposed
information collections. NARA
published a notice of proposed
collection for this information collection
on March 11, 2008 (73 FR 13019 and
13020). No comments were received.
NARA has submitted the described
information collection to OMB for
approval.
In response to this notice, comments
and suggestions should address one or
more of the following points: (a)
Whether the proposed information
collection is necessary for the proper
performance of the functions of NARA;
(b) the accuracy of NARA’s estimate of
the burden of the proposed information
collection; (c) ways to enhance the
quality, utility, and clarity of the
information to be collected; and (d)
ways to minimize the burden of the
collection of information on
respondents, including the use of
information technology; and (e) whether
small businesses are affected by this
collection. In this notice, NARA is
soliciting comments concerning the
following information collection:
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]]>Agencies
[Federal Register Volume 73, Number 103 (Wednesday, May 28, 2008)]
[Notices]
[Pages 30644-30645]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-11877]
=======================================================================
-----------------------------------------------------------------------
MERIT SYSTEMS PROTECTION BOARD
Agency Information Collection Activities; Proposed Collection
AGENCY: Merit Systems Protection Board.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Paperwork Reduction Act (PRA), the U.S.
Merit Systems Protection Board (MSPB) announces that it is planning to
submit a request for a three-year extension of an Information
Collection Request (ICR) to the Office of Management and Budget (OMB).
Before submitting this ICR to OMB for review and approval, MSPB is
soliciting comments on specific aspects of its information collection
activities as described below.
DATES: Written comments must be received on or before June 27, 2008.
ADDRESSES: Submit written comments on the collection of information to
Dr. Dee Ann Batten, Merit Systems Protection Board, 1615 M Street, NW.,
Washington, DC 20419.
FOR FURTHER INFORMATION CONTACT: Requests for additional information
should be directed to Dr. Dee Ann Batten at (202) 653-6772, ext. 1411.
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
agencies must obtain approval from OMB for each collection of
information they conduct or sponsor. The MSPB intends to ask for a
three-year renewal of its Generic Clearance Request for Voluntary
Customer Surveys, OMB Control No. 3124-0012. Executive Order 12862,
``Setting Customer Service Standards,'' mandates that agencies identify
their customers and survey them to determine the kind and quality of
services they want and their level of satisfaction with existing
services.
In this regard, we are soliciting comments on the public reporting
burden. The reporting burden for the collection of information on this
request is estimated to vary from 5 minutes to 30 minutes, with an
average of 15 minutes, including time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information. In
the estimated annual reporting burden listed below, the reason that the
annual number of respondents differs from the number of total annual
responses is that the latter figure assumes a 60% response rate. Our
experience has been that fewer than 60% of those invited to participate
in our voluntary customer surveys avail themselves of that opportunity.
In addition, the MSPB invites comments on (1) Whether the proposed
collection of information is necessary for the proper performance of
MSPB's functions, including whether the information will have practical
utility; (2) the accuracy of MSPB's estimate of burden of the proposed
collection of information, including the validity of the methodology
and assumptions used;
[[Page 30645]]
(3) ways to enhance the quality, utility, and clarity of the
information to be collected; and (4) ways to minimize the burden of the
collection of information on respondents, including through the use of
automated collection techniques or other forms of information
technology.
Estimated Annual Reporting Burden
----------------------------------------------------------------------------------------------------------------
Annual number Hours per
5 CFR parts of Frequency per Total annual response Total hours
respondents response responses (average)
----------------------------------------------------------------------------------------------------------------
1201, 1208, and 1209............ 2,500 1 1,500 0.25 375
----------------------------------------------------------------------------------------------------------------
William D. Spencer,
Clerk of the Board.
[FR Doc. E8-11877 Filed 5-27-08; 8:45 am]
BILLING CODE 7401-01-P
