Proposed Collection, Comment Request, 464-465 [E8-31393]
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Federal Register / Vol. 74, No. 3 / Tuesday, January 6, 2009 / Notices
mstockstill on PROD1PC66 with NOTICES
While some isolated decisions of this
Agency may suggest that a practitioner
who committed only a few acts of
diversion was entitled to regain his
registration even without having to
accept responsibility for his
misconduct, see Anant N. Mauskar, 63
FR 13687, 13689 (1998), the great
weight of the Agency’s decisions are to
the contrary. In any event, the increase
in the abuse of prescription controlled
substances calls for a clarification of this
Agency’s policy. Because of the grave
and increasing harm to public health
and safety caused by the diversion of
prescription controlled substances, even
where the Agency’s proof establishes
that a practitioner has committed only
a few acts of diversion, this Agency will
not grant or continue the practitioner’s
registration unless he accepts
responsibility for his misconduct.8 Put
another way, even where the
Government proves only a few instances
of illegal prescribing in the ‘‘entire
corpus’’ of a practitioner’s experience,
the Government has nonetheless made
out a prima facie case and thus shifted
the burden to the registrant to show why
he should be entrusted with a new
registration.9
I have abided by the judgment of the
Court of Appeals in this matter.
However, some may interpret the
Court’s decision as suggesting that ‘‘the
entire corpus’’ of a practitioner’s record
in dispensing controlled substances can
outweigh a practitioner’s intentional
acts of diversion where DEA only
proves that a few acts of diversion have
occurred.
The Court’s decision was not
published and the Court did not instruct
the Agency as to how much weight the
entire corpus should be given. Nor did
the Court explain whether ‘‘the entire
corpus’’ should be considered as part of
the Government’s prima facie case, or as
part of the registrant’s rebuttal of the
Government’s case.
now kill about 500 people a year in the Tampa Bay
area, triple the number killed by illegal drugs such
as cocaine and heroin.’’ Chris Tisch & Abbie
Vansickle, Deadly Combinations, St. Petersburg
Times (Feb. 17, 2008), at 1. This article further
noted that while at the time of publication, the
figures for the year 2007 were not complete, ‘‘the
area is on pace for about 550 deaths,’’ and that
‘‘prescription drug overdoses are likely to overtake
car crashes as the leading cause of accidental
death.’’ Id. In contrast, in 2006, 433 people died of
prescription drug overdoses, and in 2005, 339 died.
Id. According to the Circuit Judge who runs the
Pinellas County drug court, ‘‘This has become an
epidemic.’’ Id.
8 Depending upon the facts and circumstances, a
registrant/applicant may also be required to show
what corrective measures he/she has instituted to
prevent such acts from re-occurring.
9 To the extent Mauskar, or any other decision of
this Agency suggests otherwise, it is overruled.
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16:52 Jan 05, 2009
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DEA therefore does not interpret the
decision as altering the manner in
which similar arguments have been
dealt with in prior cases. While such
evidence may have some probative
value, it does not negate a prima facie
showing that a registrant/applicant has
committed acts that are inconsistent
with the public interest. It may,
however, be entitled to some weight in
assessing whether a registrant/applicant
has demonstrated that she can be
entrusted with a new registration where
the Government’s proof is limited to
relatively few acts and a registrant puts
forward credible evidence that she has
accepted responsibility for her
misconduct.
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 the DEA Certificate of Registration
issued to Jayam Krishna-Iyer, M.D., be,
and it hereby is, suspended. I further
order that the suspension shall be
retroactive and limited to the period
beginning on October 2, 2006, and
ending on October 2, 2007, when her
registration was restored pursuant to the
judgment of the Court of Appeals. I
further order that the application of
Jayam Krishna-Iyer, M.D., for renewal of
her registration be, and it hereby is,
granted subject to the condition that she
file monthly reports with the Special
Agent in Charge (or his designee) of the
Miami Field Division for a period of one
year. The reports shall list all controlled
substances prescribed by the patient’s
name, the date, the name of the drug, its
strength, the quantity prescribed, and
the number of refills authorized. The
reports shall be due no later than the
tenth day of the subsequent month and
shall list all patients in alphabetical
order.10 Failure to comply with the
terms of this Order shall be grounds for
the suspension or revocation of
Respondent’s registration. This Order is
effective immediately.
Dated: December 19, 2008.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. E8–31412 Filed 1–5–09; 8:45 am]
BILLING CODE 4410–09–P
10 If a patient received multiple prescriptions, all
prescriptions issued to the patient within the
calendar month shall be listed before the
prescriptions for the next patient are reported.
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DEPARTMENT OF LABOR
Bureau of Labor Statistics
Proposed Collection, Comment
Request
ACTION:
Notice.
SUMMARY: The Department of Labor, as
part of its continuing effort to reduce
paperwork and respondent burden,
conducts a pre-clearance consultation
program to provide the general public
and Federal agencies with an
opportunity to comment on proposed
and/or continuing collections of
information, in accordance with the
Paperwork Reduction Act of 1995
(PRA95) [44 U.S.C. 3506(c)(2)(A)]. This
program helps to ensure that requested
data can be provided in the desired
format, reporting burden (time and
financial resources) is minimized,
collection instruments are clearly
understood, and the impact of collection
requirements on respondents can be
properly assessed. The Bureau of Labor
Statistics (BLS) is soliciting comments
on the proposed extension of the Labor
Market Information (LMI) Cooperative
Agreement application package. A copy
of the proposed information collection
request (ICR) can be obtained by
contacting the individual listed below
in the Addresses section of this notice.
DATES: Written comments must be
submitted to the office listed in the
ADDRESSES section of this notice on or
before March 9, 2009.
ADDRESSES: Send comments to Carol
Rowan, BLS Clearance Officer, Division
of Management Systems, Bureau of
Labor Statistics, Room 4080, 2
Massachusetts Avenue, NE.,
Washington, DC 20212, telephone
number 202–691–7099. (This is not a
toll free number.)
FOR FURTHER INFORMATION CONTACT:
Carol Rowan, BLS Clearance Officer,
telephone number 202–691–7099. (See
ADDRESSES section.)
SUPPLEMENTARY INFORMATION:
I. Background
The BLS enters into Cooperative
Agreements with State Workforce
Agencies (SWAs) annually to provide
financial assistance to the SWAs for the
production and operation of the
following LMI statistical programs:
Current Employment Statistics, Local
Area Unemployment Statistics,
Occupational Employment Statistics,
Quarterly Census of Employment and
Wages, and Mass Layoff Statistics. The
Cooperative Agreement provides the
basis for managing the administrative
and financial aspects of these programs.
E:\FR\FM\06JAN1.SGM
06JAN1
Federal Register / Vol. 74, No. 3 / Tuesday, January 6, 2009 / Notices
The existing collection of information
allows Federal staff to negotiate the
Cooperative Agreement with the SWAs
and monitor their financial and
programmatic performance and
adherence to administrative
requirements imposed by common
regulations implementing OMB Circular
A–102 and other grant related
regulations. The information collected
also is used for planning and budgeting
at the Federal level and in meeting
Federal reporting requirements.
The Cooperative Agreement
application package being submitted for
approval is representative of the
package sent every year to state
agencies. The work statements included
in the Cooperative Agreement
application also are representative of
what is included in the whole LMI
Cooperative Agreement package. The
final Cooperative Agreement, including
the work statements, will be submitted
separately to the Office of Management
and Budget for review of any minor
year-to-year information collection
burden changes these documents may
contain.
II. Current Action
The BLS requests clearance for the
LMI Cooperative Agreement from the
Office of Management and Budget. The
BLS is requesting an extension of the
existing clearance for the LMI
Cooperative Agreement package.
III. Desired Focus of Comments
The BLS 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,
Information
collection
Respondents
Frequency
465
including the validity of the
methodology and assumptions used.
• Enhance the quality, utility, and
clarity of the information to be
collected.
• 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 submissions
of responses.
Type of Review: Extension of a
currently approved collection.
Agency: Bureau of Labor Statistics.
Title: Labor Market Information (LMI)
Cooperative Agreement.
OMB Number: 1220–0079.
Affected Public: State, Local, or Tribal
Governments.
Frequency: Monthly, quarterly,
annually.
Responses
Time
Total
hours
Work Statements ...........................................................
BIF (LMI 1A, 1B) ............................................................
Quarterly Automated Financial Reports ........................
Monthly Automated Financial Reports ...........................
BLS Cooperative Statistics Financial Report (LMI 2A)
Quarterly Status Report (LMI 2B) ..................................
Budget Variance Request Form ....................................
55
55
48
48
7
1–30
1–55
1
1
4
8
12
4
1
55
55
192
384
84
4–120
1–55
1–2 hr.
1–6 hr.
10–50 min.
5–25 min.
1–5 hr.
1 hr.
5–25 min.
55–110
55–330
32–160
32–160
84–420
4–120
0–23
Total .................................................................
1–55
........................
775–945
..............................
262–1,323
Average Totals ................................................
55
........................
860
..............................
793
Total Burden Cost (capital/startup):
$0.
Total Burden Cost (operating/
maintenance): $0.
Comments submitted in response to
this notice will be summarized and/or
included in the request for Office of
Management and Budget approval of the
information collection request; they also
will become a matter of public record.
Signed at Washington, DC, this 30th day of
December 2008.
Kim Hill,
Acting Chief, Division of Management
Systems, Bureau of Labor Statistics.
[FR Doc. E8–31393 Filed 1–5–09; 8:45 am]
mstockstill on PROD1PC66 with NOTICES
BILLING CODE 4510–24–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–63,880; TA–W–63,880A; TA–W–
63,880B; TA–W–63,880C; TA–W–63,880D;
TA–W–63,880E]
Cequent Electrical Products, Inc.
Tekonsha, MI; Including Employees in
Support of Cequent Electrical
Products, Inc., Tekonsha, MI, Working
in the Following Locations:
Washougal, WA, West Linn, OR,
Temecula, CA, Urbandale, IA, Weston,
WI; Amended Certification Regarding
Eligibility To Apply for Worker
Adjustment Assistance and Alternative
Trade Adjustment Assistance
In accordance with section 223 of the
Trade Act of 1974 (19 U.S.C. 2273), and
section 246 of the Trade Act of 1974 (26
U.S.C. 2813), as amended, the
Department of Labor issued a
Certification of Eligibility to Apply for
Worker Adjustment Assistance and
Alternative Trade Adjustment
VerDate Nov<24>2008
16:52 Jan 05, 2009
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Sfmt 4703
Assistance on November 26, 2008,
applicable to workers of Cequent
Electrical Products, Inc., Tekonsha,
Michigan. The notice was published in
the Federal Register on December 10,
2008 (73 FR 75137).
At the request of the State agency, the
Department reviewed the certification
for workers of the subject firm. The
workers are engaged in the production
of brake controls, breakaway kits and
lights for the automotive and trailer
industries.
New information shows that worker
separations have occurred involving
employees of the Tekonsha, Michigan
facility of Cequent Electrical Products,
Inc. working out of Washougal,
Washington; West Linn, Oregon;
Temecula, California; Urbandale, Iowa;
and Weston, Wisconsin. Mr. Larry
Kelley, Ms. Susan Savage, Mr. Paul
Crommelin, Mr. Charles Voorhis and
Mr. Michael Vruwink provided sales
functions supporting the production of
brake controls, breakaway kits and
lights for the automotive and trailer
E:\FR\FM\06JAN1.SGM
06JAN1
]]>Agencies
[Federal Register Volume 74, Number 3 (Tuesday, January 6, 2009)]
[Notices]
[Pages 464-465]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-31393]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Bureau of Labor Statistics
Proposed Collection, Comment Request
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor, as part of its continuing effort to
reduce paperwork and respondent burden, conducts a pre-clearance
consultation program to provide the general public and Federal agencies
with an opportunity to comment on proposed and/or continuing
collections of information, in accordance with the Paperwork Reduction
Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to
ensure that requested data can be provided in the desired format,
reporting burden (time and financial resources) is minimized,
collection instruments are clearly understood, and the impact of
collection requirements on respondents can be properly assessed. The
Bureau of Labor Statistics (BLS) is soliciting comments on the proposed
extension of the Labor Market Information (LMI) Cooperative Agreement
application package. A copy of the proposed information collection
request (ICR) can be obtained by contacting the individual listed below
in the Addresses section of this notice.
DATES: Written comments must be submitted to the office listed in the
Addresses section of this notice on or before March 9, 2009.
ADDRESSES: Send comments to Carol Rowan, BLS Clearance Officer,
Division of Management Systems, Bureau of Labor Statistics, Room 4080,
2 Massachusetts Avenue, NE., Washington, DC 20212, telephone number
202-691-7099. (This is not a toll free number.)
FOR FURTHER INFORMATION CONTACT: Carol Rowan, BLS Clearance Officer,
telephone number 202-691-7099. (See ADDRESSES section.)
SUPPLEMENTARY INFORMATION:
I. Background
The BLS enters into Cooperative Agreements with State Workforce
Agencies (SWAs) annually to provide financial assistance to the SWAs
for the production and operation of the following LMI statistical
programs: Current Employment Statistics, Local Area Unemployment
Statistics, Occupational Employment Statistics, Quarterly Census of
Employment and Wages, and Mass Layoff Statistics. The Cooperative
Agreement provides the basis for managing the administrative and
financial aspects of these programs.
[[Page 465]]
The existing collection of information allows Federal staff to
negotiate the Cooperative Agreement with the SWAs and monitor their
financial and programmatic performance and adherence to administrative
requirements imposed by common regulations implementing OMB Circular A-
102 and other grant related regulations. The information collected also
is used for planning and budgeting at the Federal level and in meeting
Federal reporting requirements.
The Cooperative Agreement application package being submitted for
approval is representative of the package sent every year to state
agencies. The work statements included in the Cooperative Agreement
application also are representative of what is included in the whole
LMI Cooperative Agreement package. The final Cooperative Agreement,
including the work statements, will be submitted separately to the
Office of Management and Budget for review of any minor year-to-year
information collection burden changes these documents may contain.
II. Current Action
The BLS requests clearance for the LMI Cooperative Agreement from
the Office of Management and Budget. The BLS is requesting an extension
of the existing clearance for the LMI Cooperative Agreement package.
III. Desired Focus of Comments
The BLS 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.
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 submissions of responses.
Type of Review: Extension of a currently approved collection.
Agency: Bureau of Labor Statistics.
Title: Labor Market Information (LMI) Cooperative Agreement.
OMB Number: 1220-0079.
Affected Public: State, Local, or Tribal Governments.
Frequency: Monthly, quarterly, annually.
----------------------------------------------------------------------------------------------------------------
Information collection Respondents Frequency Responses Time Total hours
----------------------------------------------------------------------------------------------------------------
Work Statements.............. 55 1 55 1-2 hr. 55-110
BIF (LMI 1A, 1B)............. 55 1 55 1-6 hr. 55-330
Quarterly Automated Financial 48 4 192 10-50 min. 32-160
Reports.....................
Monthly Automated Financial 48 8 384 5-25 min. 32-160
Reports.....................
BLS Cooperative Statistics 7 12 84 1-5 hr. 84-420
Financial Report (LMI 2A)...
Quarterly Status Report (LMI 1-30 4 4-120 1 hr. 4-120
2B).........................
Budget Variance Request Form. 1-55 1 1-55 5-25 min. 0-23
----------------------------------------------------------------------------------
Total.................... 1-55 .............. 775-945 ................. 262-1,323
----------------------------------------------------------------------------------
Average Totals........... 55 .............. 860 ................. 793
----------------------------------------------------------------------------------------------------------------
Total Burden Cost (capital/startup): $0.
Total Burden Cost (operating/maintenance): $0.
Comments submitted in response to this notice will be summarized
and/or included in the request for Office of Management and Budget
approval of the information collection request; they also will become a
matter of public record.
Signed at Washington, DC, this 30th day of December 2008.
Kim Hill,
Acting Chief, Division of Management Systems, Bureau of Labor
Statistics.
[FR Doc. E8-31393 Filed 1-5-09; 8:45 am]
BILLING CODE 4510-24-P
