Submission for OMB Review: Comment Request, 34791-34792 [E8-13648]
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Federal Register / Vol. 73, No. 118 / Wednesday, June 18, 2008 / Notices
registration, he was not entitled to
maintain his registration.1 Id.
On July 17, 2007, Respondent
requested a hearing on the allegations;
the matter was assigned to
Administrative Law Judge (ALJ) Mary
Ellen Bittner. On August 3, 2007, the
Government moved for summary
disposition and to stay the proceeding
pending the resolution of its motion.
The basis of the Government’s motion
was that the state board had suspended
Respondent’s state medical license and
Respondent therefore lacked authority
to handle controlled substances in
Nevada, the State in which he holds his
DEA registration. Motion at 1–2. As
support for its motion, the Government
attached a copy of the June 16, 2006
order of the Nevada Board which
suspended Respondent’s state license
pending the resolution of disciplinary
proceedings. Order of Summary
Suspension at 1–3. Citing numerous
agency decisions, the Government
argued that because Respondent lacked
authority under Nevada law to handle
controlled substances, he was not
entitled to maintain his DEA
registration. Gov. Mot. at 1–2. Id.
Respondent did not respond to the
Government’s motion.
The ALJ granted the Government’s
motion. Noting that there was no
dispute as to whether Respondent was
without authority to handle controlled
substances in Nevada, the ALJ applied
the settled rule that a practitioner is not
entitled to hold a DEA registration if he
lacks authority to handle controlled
substances under state law. ALJ Dec. at
2. The ALJ thus recommended that
Respondent’s registration be revoked
and forwarded the record to me for final
agency action. Id. at 2–3.
Having considered the record as a
whole, I adopt the ALJ’s decision in its
entirety.2 I find that on June 16, 2006,
the Nevada Board of Medical Examiners
suspended Respondent’s state medical
license pending the outcome of
disciplinary proceedings.3 Based on
rwilkins on PROD1PC63 with NOTICES
1 The
Show Cause Order also alleged that on June
18, 2005, Respondent had materially falsified his
application to renew his DEA registration by failing
to disclose a prior disciplinary action by the Nevada
Board of Medical Examiners. Show Cause Order at
2.
2 Because Respondent did not deny the allegation
that Respondent’s DEA registration does not expire
until July 31, 2008, see Show Cause Order at 1, I
deem the allegation admitted and find that
Respondent has a current registration.
3 I further note that in its Order of Summary
Suspension, the State Board found that
‘‘Respondent’s prescribing practices cannot be ruled
out as contributing factors in the deaths of 6
patients, 5 of whom died of overdoses.’’ In re
Harriston L. Bass, Jr., M.D., Order of Summary
Suspension, at 2. (Nev. Bd. of Med. Examiners, Case
No. 06–9455–1).
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18:01 Jun 17, 2008
Jkt 214001
public information available at the
Nevada’s Board Web site, I further find
that Respondent’s state medical license
remains suspended and that he is
without authority under Nevada law to
handle controlled substances.
Under the Controlled Substances Act
(CSA), a practitioner must be currently
authorized to handle controlled
substances in ‘‘the jurisdiction in which
he practices’’ in order to maintain a
DEA registration. See 21 U.S.C. 802(21)
(‘‘[t]he term ‘practitioner’ means a
physician * * * 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) (‘‘The 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 these provisions make
plain, possessing authority to dispense
a controlled substance under the laws of
the State in which a physician practices
medicine is an essential condition for
holding a DEA registration.
Accordingly, DEA has repeatedly held
that the CSA requires the revocation of
a registration issued to a practitioner
whose state license has been suspended
or revoked. See Sheran Arden Yeates,
71 FR 39130, 39131 (2006); Dominick A.
Ricci, 58 FR 51104, 51105 (1993); Bobby
Watts, 53 FR 11919, 11920 (1988). See
also 21 U.S.C. 824(a)(3) (authorizing the
revocation of a registration ‘‘upon a
finding that the registrant * * * has had
his State license or registration
suspended [or] revoked * * * and is no
longer authorized by State law to engage
in the * * * distribution [or] dispensing
of controlled substances’’). Because
Respondent’s Nevada medical license
has been indefinitely suspended, he is
not entitled to maintain his DEA
registration.
Order
Pursuant to the authority vested in me
by 21 U.S.C. 823(f) & 824(a), as well as
28 CFR 0.100(b)–0.104, I hereby order
that DEA Certificate of Registration,
BB0816441, issued to Harriston L. Bass,
M.D., be, and it hereby is, revoked. I
further order that any pending
applications of Harriston L. Bass, M.D.,
for renewal or modification of his
registration be, and they hereby are,
denied. This order is effective
immediately.4
4 My decision that this Order be made effective
immediately is based on the state’s Board finding
that ‘‘Respondent’s prescribing practices cannot be
ruled out as contributing factors in the deaths of 6
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34791
Dated: June 11, 2008.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. E8–13741 Filed 6–17–08; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF LABOR
Office of the Secretary
Submission for OMB Review:
Comment Request
June 11, 2008.
The Department of Labor (DOL)
hereby announces the submission of the
following public information collection
requests (ICR) to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act of 1995
(Pub. L. 104–13, 44 U.S.C. chapter 35).
A copy of each ICR, with applicable
supporting documentation; including
among other things a description of the
likely respondents, proposed frequency
of response, and estimated total burden
may be obtained from the RegInfo.gov
Web site at https://www.reginfo.gov/
public/do/PRAMain or by contacting
Darrin King on 202–693–4129 (this is
not a toll-free number) / e-mail:
king.darrin@dol.gov.
Interested parties are encouraged to
send comments to the Office of
Information and Regulatory Affairs,
Attn: OMB Desk Officer for the
Employment and Training
Administration (ETA), Office of
Management and Budget, Room 10235,
Washington, DC 20503, Telephone:
202–395–7316 / Fax: 202–395–6974
(these are not toll-free numbers), e-mail:
OIRA_submission@omb.eop.gov within
30 days from the date of this publication
in the Federal Register. In order to
ensure the appropriate consideration,
comments should reference the OMB
Control Number (see below).
The OMB is particularly interested in
comments which:
• 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
patients, 5 of whom died of overdoses.’’ Order of
Summary Suspension, at 2; see also 21 CFR
1316.67.
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18JNN1
rwilkins on PROD1PC63 with NOTICES
34792
Federal Register / Vol. 73, No. 118 / Wednesday, June 18, 2008 / Notices
• 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: Employment and Training
Administration.
Type of Review: Extension without
change of a currently approved
collection.
Title: Unemployment Insurance Data
Validation Program.
OMB Control Number: 1205–0431.
Form Number: Handbook 361.
Affected Public: State Governments.
Estimated Number of Respondents:
53.
Estimated Total Annual Burden
Hours: 29,150.
Estimated Total Annual Costs Burden:
$0.
Description: This program requires
States to operate a system for
ascertaining the validity (adherence to
Federal reporting requirements) of
specified unemployment insurance (UI)
data they submit to ETA on certain
reports they are required to submit
monthly or quarterly. Some of these
data are used to assess performance,
including for the Government
Performance and Results Act, or
determine States’ grants for UI
administration. For additional
information, see related notice
published at 73 FR 8066 on February 12,
2008.
Agency: Employment and Training
Administration.
Type of Review: Extension without
change of a currently approved
collection.
Title: Non Production Questionnaire.
OMB Control Number: 1205–0447.
Form Number: ETA–9118.
Affected Public: Private Sector—
Business or other for-profits.
Estimated Number of Respondents:
555.
Estimated Total Annual Burden
Hours: 1,943.
Estimated Total Annual Costs Burden:
$0.
Description: Information on the Form
ETA–9118 is required in order to make
a determination on Trade Adjustment
Assistance petitions filed on behalf of
service workers in accordance with
Section 223 of the Trade Adjustment
Assistance Act of 2002. For additional
information, see related notice
published at 73 FR 13922 on March 14,
2008.
Agency: Employment and Training
Administration.
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18:01 Jun 17, 2008
Jkt 214001
Type of Review: Extension without
change of a currently approved
collection.
Title: Unemployment Insurance (UI)
Facilitation of Claimant Reemployment
OMB Control Number: 1205–0452.
Form Number: ETA–9047.
Affected Public: State Governments.
Estimated Number of Respondents:
53.
Estimated Total Annual Burden
Hours: 2,120.
Estimated Total Annual Costs Burden:
$0.
Description: This information is
collected at the state level to determine
the percentage of individuals who
become reemployed in the calendar
quarter subsequent to the quarter in
which they received their first UI
payment. The data will be used to
measure performance for the
Department’s Government Performance
and Results Act of 1993 with the goal of
facilitating the reemployment of UI
claimants. For additional information,
see related notice published at 73 FR
13013 on March 11, 2008.
2004 and 71 FR 65000 on November 6,
2006.
Darrin A. King,
Acting Departmental Clearance Officer.
[FR Doc. E8–13648 Filed 6–17–08; 8:45 am]
BILLING CODE 4510–FW–P
DEPARTMENT OF LABOR
Office of the Secretary
Submission for OMB Review:
Comment Request
June 12, 2008.
The Department of Labor (DOL)
hereby announces the submission of the
following public information collection
request (ICR) to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act of 1995
(Pub. L. 104–13, 44 U.S.C. chapter 35).
A copy of this ICR, with applicable
supporting documentation; including
among other things a description of the
likely respondents, proposed frequency
of response, and estimated total burden
may be obtained from the RegInfo.gov
Web site at https://www.reginfo.gov/
Agency: Employment and Training
public/do/PRAMain or by contacting
Administration.
Darrin King on 202–693–4129 (this is
Type of Review: New (Request for a
not a toll-free number)/e-mail:
new OMB Control Number).
king.darrin@dol.gov.
Title: Workforce Investment
Interested parties are encouraged to
Streamlined Performance Reporting
send comments to the Office of
(WISPR) System.
Information and Regulatory Affairs,
OMB Control Number: 1205–0NEW.
Attn: OMB Desk Officer for the
Form Numbers: WISRD–1; ETA–9131; Employee Benefits Security
ETA–9132; and ETA–9133.
Administration (EBSA), Office of
Affected Public: State Governments.
Management and Budget, Room 10235,
Washington, DC 20503, Telephone:
Estimated Number of Respondents:
202–395–7316/Fax: 202–395–6974
54.
(these are not toll-free numbers), E-mail:
Estimated Total Annual Burden
OIRA_submission@omb.eop.gov within
Hours: 816,071.
Estimated Total Annual Costs Burden: 30 days from the date of this publication
in the Federal Register. In order to
$0.
ensure the appropriate consideration,
Description: The WISPR System
comments should reference the OMB
replaces the reporting and
Control Number (see below).
recordkeeping requirements of 7
The OMB is particularly interested in
Employment and Training programs.
comments which:
The goal is to ensure that the workforce
• Evaluate whether the proposed
system is clearly focused on results,
collection of information is necessary
which will help ensure that the system’s for the proper performance of the
jobseeker and employer customers are
functions of the agency, including
effectively served. The Office of
whether the information will have
Management and Budget and other
practical utility;
Federal agencies developed a set of
• Evaluate the accuracy of the
common performance measures; these
agency’s estimate of the burden of the
common measures are integral to ETA’s proposed collection of information,
performance accountability system and
including the validity of the
are the key results that ETA programs
methodology and assumptions used;
strive to achieve for their customers and
• Enhance the quality, utility, and
to measure with a uniform information
clarity of the information to be
collection system. For additional
collected; and
information, see related notices
• Minimize the burden of the
published at 69 FR 42777 on July 16,
collection of information on those who
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Fmt 4703
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18JNN1
]]>Agencies
[Federal Register Volume 73, Number 118 (Wednesday, June 18, 2008)]
[Notices]
[Pages 34791-34792]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13648]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Office of the Secretary
Submission for OMB Review: Comment Request
June 11, 2008.
The Department of Labor (DOL) hereby announces the submission of
the following public information collection requests (ICR) to the
Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44
U.S.C. chapter 35). A copy of each ICR, with applicable supporting
documentation; including among other things a description of the likely
respondents, proposed frequency of response, and estimated total burden
may be obtained from the RegInfo.gov Web site at https://
www.reginfo.gov/public/do/PRAMain or by contacting Darrin King on 202-
693-4129 (this is not a toll-free number) / e-mail:
king.darrin@dol.gov.
Interested parties are encouraged to send comments to the Office of
Information and Regulatory Affairs, Attn: OMB Desk Officer for the
Employment and Training Administration (ETA), Office of Management and
Budget, Room 10235, Washington, DC 20503, Telephone: 202-395-7316 /
Fax: 202-395-6974 (these are not toll-free numbers), e-mail: OIRA_
submission@omb.eop.gov within 30 days from the date of this publication
in the Federal Register. In order to ensure the appropriate
consideration, comments should reference the OMB Control Number (see
below).
The OMB is particularly interested in comments which:
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
[[Page 34792]]
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: Employment and Training Administration.
Type of Review: Extension without change of a currently approved
collection.
Title: Unemployment Insurance Data Validation Program.
OMB Control Number: 1205-0431.
Form Number: Handbook 361.
Affected Public: State Governments.
Estimated Number of Respondents: 53.
Estimated Total Annual Burden Hours: 29,150.
Estimated Total Annual Costs Burden: $0.
Description: This program requires States to operate a system for
ascertaining the validity (adherence to Federal reporting requirements)
of specified unemployment insurance (UI) data they submit to ETA on
certain reports they are required to submit monthly or quarterly. Some
of these data are used to assess performance, including for the
Government Performance and Results Act, or determine States' grants for
UI administration. For additional information, see related notice
published at 73 FR 8066 on February 12, 2008.
Agency: Employment and Training Administration.
Type of Review: Extension without change of a currently approved
collection.
Title: Non Production Questionnaire.
OMB Control Number: 1205-0447.
Form Number: ETA-9118.
Affected Public: Private Sector--Business or other for-profits.
Estimated Number of Respondents: 555.
Estimated Total Annual Burden Hours: 1,943.
Estimated Total Annual Costs Burden: $0.
Description: Information on the Form ETA-9118 is required in order
to make a determination on Trade Adjustment Assistance petitions filed
on behalf of service workers in accordance with Section 223 of the
Trade Adjustment Assistance Act of 2002. For additional information,
see related notice published at 73 FR 13922 on March 14, 2008.
Agency: Employment and Training Administration.
Type of Review: Extension without change of a currently approved
collection.
Title: Unemployment Insurance (UI) Facilitation of Claimant
Reemployment
OMB Control Number: 1205-0452.
Form Number: ETA-9047.
Affected Public: State Governments.
Estimated Number of Respondents: 53.
Estimated Total Annual Burden Hours: 2,120.
Estimated Total Annual Costs Burden: $0.
Description: This information is collected at the state level to
determine the percentage of individuals who become reemployed in the
calendar quarter subsequent to the quarter in which they received their
first UI payment. The data will be used to measure performance for the
Department's Government Performance and Results Act of 1993 with the
goal of facilitating the reemployment of UI claimants. For additional
information, see related notice published at 73 FR 13013 on March 11,
2008.
Agency: Employment and Training Administration.
Type of Review: New (Request for a new OMB Control Number).
Title: Workforce Investment Streamlined Performance Reporting
(WISPR) System.
OMB Control Number: 1205-0NEW.
Form Numbers: WISRD-1; ETA-9131; ETA-9132; and ETA-9133.
Affected Public: State Governments.
Estimated Number of Respondents: 54.
Estimated Total Annual Burden Hours: 816,071.
Estimated Total Annual Costs Burden: $0.
Description: The WISPR System replaces the reporting and
recordkeeping requirements of 7 Employment and Training programs. The
goal is to ensure that the workforce system is clearly focused on
results, which will help ensure that the system's jobseeker and
employer customers are effectively served. The Office of Management and
Budget and other Federal agencies developed a set of common performance
measures; these common measures are integral to ETA's performance
accountability system and are the key results that ETA programs strive
to achieve for their customers and to measure with a uniform
information collection system. For additional information, see related
notices published at 69 FR 42777 on July 16, 2004 and 71 FR 65000 on
November 6, 2006.
Darrin A. King,
Acting Departmental Clearance Officer.
[FR Doc. E8-13648 Filed 6-17-08; 8:45 am]
BILLING CODE 4510-FW-P
