Finding of No Significant Impact; Notice of Availability of the Finding of No Significant Impact (FONSI) Concerning a Proposal To Award a Contract for New Low Security Beds to One Private Contractor To House Approximately 1,000 Federal, Low-Security, Adult Male, Non-US Citizen, Criminal Aliens at a Contractor-Owned, Contractor-Operated Correctional Facility, 16838-16839 [2011-6819]
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16838
Federal Register / Vol. 76, No. 58 / Friday, March 25, 2011 / Notices
M.L.G., a resident of Florida; he
prescribed propoxyphene and
acetaminophen, a schedule IV
controlled substance, to M.S.E., a
resident of Colorado; and on two
occasions, he prescribed alprazolam, a
schedule IV controlled substance to
B.P., a resident of Florida.
Third, Respondent violated the
MOA’s prohibition against his
prescribing to a member of his
immediate family. More specifically, on
September 24, 2007, Respondent
prescribed 160 tablets of phenobarbital,
a schedule IV controlled substance, to
his wife. Moreover, when questioned by
the DIs regarding the prescription,
Respondent denied having called in the
prescription and asserted that he had
only called in a refill of an earlier
prescription which had been written by
another physician. Respondent’s
statement was false because the other
physician had authorized refills for only
sixteen tablets, and it was materially
false because the MOA prohibited him
from prescribing to a family member
and was thus capable of influencing the
decision of the Agency as to whether to
seek the revocation of his registration.
See David A. Hoxie, M.D., 69 FR 51477,
51479 (2004) (considering false
statements to investigators under factor
five).
Fourth, Respondent violated the
MOA’s requirement that he maintain a
log of all controlled-substance
prescriptions he issued. More
specifically, Respondent failed to
document fourteen controlled-substance
prescriptions in the log.
Finally, Respondent violated the
MOA’s requirement that he notify DEA,
in writing, within twenty days, of ‘‘the
initiation of any action by a state entity
to * * * suspend, revoke, or otherwise
limit [his] authority to handle controlled
substances.’’ Notwithstanding that the
State filed an Administrative Complaint
against him, which sought to impose
sanctions on his medical license and his
authority to handle controlled
substances, see Mich. Comp. Laws
§ 333.7311(6), Respondent failed to
notify DEA that the proceeding had
been brought.
DEA has long held that a registrant’s
failure to comply with the terms of an
MOA can constitute acts which render
his registration inconsistent with the
public interest. See Fredal Pharmacy, 55
FR 53592, 53593 (1990) (holding that
pharmacy which violated MOA ‘‘ha[d]
engaged in conduct which threatens the
public health and safety’’). This is so
even if the violation of the MOA does
not establish a violation of the CSA or
its implementing regulations. Moreover,
Respondent’s various violations of the
VerDate Mar<15>2010
15:16 Mar 24, 2011
Jkt 223001
MOA, as well as his having made a false
statement to the Investigators, show that
he cannot be trusted to faithfully
comply with the obligations of a
registrant. I therefore conclude that
Respondent’s registration should be
revoked and his pending application
should be denied.
Order
Pursuant to the authority vested in me
by 21 U.S.C. 823(f) & 824(a)(4), as well
as by 28 CFR 0.100(b) & 0.104, I order
that DEA Certificate of Registration,
AF9086415, issued to Erwin E.
Feldman, D.O., be, and it hereby is,
revoked. I further order that any
application of Erwin E. Feldman, D.O.,
to renew or modify such registration, be,
and it hereby is, denied. This Order is
effective April 25, 2011.
Dated: March 10, 2011.
Michele M. Leonhart,
Administrator.
[FR Doc. 2011–7047 Filed 3–24–11; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Federal Bureau of Prisons
Finding of No Significant Impact;
Notice of Availability of the Finding of
No Significant Impact (FONSI)
Concerning a Proposal To Award a
Contract for New Low Security Beds to
One Private Contractor To House
Approximately 1,000 Federal, LowSecurity, Adult Male, Non-US Citizen,
Criminal Aliens at a Contractor-Owned,
Contractor-Operated Correctional
Facility
U.S. Department of Justice,
Federal Bureau of Prisons.
ACTION: Finding of No Significant
Impact.
AGENCY:
The U.S. Department of
Justice, Federal Bureau of Prisons (BOP)
announces the availability of the
Finding of No Significant Impact
(FONSI) concerning the Environmental
Assessment (EA) for the proposal to
award one or more contracts to house
approximately, 1,000 federal, lowsecurity, adult males, criminal aliens
within one existing contractor owned,
contractor operated facility.
SUMMARY:
Background Information
Growth of the federal inmate
population has been substantial over the
last two decades. Currently, the
increased federal inmate population
exceeds the combined rated capacities
of the 116 BOP facilities. It is projected
that this growth will continue as a result
PO 00000
Frm 00115
Fmt 4703
Sfmt 4703
of actions and programs implemented
by the U.S. Department of Justice and
the U.S. Department of Homeland
Security regarding sentenced and
unsentenced criminal aliens.
In response, the BOP is seeking
flexibility in managing its current
shortage of beds by contracting for those
services with non-federal facilities to
house federal inmates. This approach
provides the BOP with flexibility to
meet population capacity needs in a
timely fashion, conform to federal law,
and maintain fiscal responsibility, while
successfully attaining the mission of the
BOP.
The BOP proposed action is to award
one contract to house approximately
1,000 federal low-security, adult male,
non-U.S. citizen, criminal aliens at an
existing privately owned and privately
operated correctional facility. Under the
Proposed Action, the selected contractor
would be required to operate the facility
in a manner consistent with the mission
and requirements of the BOP. All
inmate services would be developed in
a manner that complies with the BOP’s
contract requirements, as well as
applicable federal, state, and local laws
and regulations. The contract also
requires that no new construction or
expansion of the existing facility occur.
In addition, the facility will be within
proximity, and have access to,
ambulatory, fire and police protection
services. The federal inmates assigned
to this facility would consist primarily
of inmates with sentences of 90 months
or less remaining to be served. As
described previously these inmates are
anticipated to be low-security, adult
male, non-U.S. citizen, criminal aliens,
however the BOP may designate any
inmate within its custody to serve their
sentence in this facility. The contract
awarded for this action would have one
four-year base period and three, twoyear option periods, for a maximum
term of ten years.
Five existing privately owned and
operated correctional facilities in
Kentucky, Louisiana, and Texas have
been offered in response to the BOP’s
nationwide solicitation from which the
BOP will award one contract to one of
the five facilities offered. Each of the
following existing facilities has been
evaluated in this EA. In addition, the No
Action Alternative is evaluated, to
determine baseline conditions and
comply with the provisions of NEPA.
• Lee Adjustment Center. Located on
an approximately 90 acre parcel in
Beattyville, Kentucky.
• Limestone County Detention
Center. Located on a 293 acre parcel in
Groesbeck, Texas.
E:\FR\FM\25MRN1.SGM
25MRN1
Federal Register / Vol. 76, No. 58 / Friday, March 25, 2011 / Notices
erowe on DSK5CLS3C1PROD with NOTICES
• Jackson Parish Correctional Center.
Located on approximately 20 acres in
Jonesboro, Louisiana.
• Pine Prairie Correctional Center.
Located on an approximately 15 acre
parcel in Pine Prairie, Louisiana.
• Jack Harwell Detention Center.
Located on an approximately 20 acre
parcel in Waco, Texas.
No other facilities are under
consideration by the BOP
Project Information
Pursuant to Section 102, 42 U.S.C.
4332, of the National Environmental
Policy Act (NEPA) of 1969, as amended
and the Council on Environmental
Quality Regulations (40 CFR Parts 1500–
1508), the BOP published an EA
concerning a proposal to award one
contract to house approximately 1,000
Iow-security, adult male, criminal aliens
within one existing contractor-owned
and contractor-operated correctional
facility.
Under the current solicitation, the
BOP required that, prior to contract
award, offerors provide information
regarding past environmental activities
and the environmental condition of the
proposed sites and institutions. The EA,
which is incorporated by reference
describes the potential environmental
impacts associated with the Action
Alternatives, as well as the No Action
Alternative. The stated purpose and
need was the provision of
approximately 1,000 beds although the
overall system need is far greater. The
document describes baseline
environmental conditions, including the
natural and human environments,
addresses potential environmental
impacts of the No Action Alternative
and Action Alternatives, and includes
appropriate mitigation measures.
Further, as required by the
solicitation, the BOP has taken several
steps regarding offerors environmental
documentation. First, the BOP has
independently evaluated and verified
the accuracy of the offerors
environmental documentation. Second,
the BOP has given greater consideration
to the proposal which represents the
preferred alternative. Third, the BOP
reserved the right to eliminate proposals
based on the adequacy of the
documentation provided by the
offeror(s) or the potential impact to the
quality of the human environment. Last,
the BOP reserved the right to disclose or
make public any environmental
documentation or other environmental
information.
An impact analysis of the alternatives
was prepared as part of the EA. The
analysis evaluated natural, cultural, and
socioeconomic impacts of the Proposed
VerDate Mar<15>2010
15:16 Mar 24, 2011
Jkt 223001
Action for each of the Action
Alternatives. The analysis included the
environmental information provided by
the offerors, as well as site visits. The
BOP published the EA on January 28,
2011 and published a Notice of
Availability (NOA) in the Federal
Register and in local newspapers
associated with each of the five
proposed alternative locations. The
NOA provided a 30-day public
comment period which began on
January 28, 2011 and ended on February
28, 2011. The BOP also distributed
copies of the EA to federal, state and
local officials, resource agencies, and
other interested parties. No comments
were received regarding the EA during
the 30-day comment period. However,
the BOP did receive a letter from an
individual after the end of the comment
period containing several comments
related to the Lee Adjustment Center
alternative in Beattyville, Kentucky.
Although this comment letter was
received after the comment period
ended, the BOP reviewed and
considered comments on the Lee
Adjustment Center alternative in the
NEPA process.
The Limestone County Detention
Center in Groesbeck, Texas is the
selected alternative that best meets
BOP’s needs and has no significant
impact on the human, natural or
cultural environment. Mitigation for the
project is not required due to the lack
of impacts to natural, cultural, and
socioeconomic resources.
Implementation of the proposed action
at the Limestone County Detention
Center in conjunction with past,
present, or reasonably foreseeable future
actions, is not anticipated to result in
major adverse cumulative impacts to
natural, cultural or socioeconomic
resources in the area.
Availability of Finding of No
Significant Impact
Pursuant to the requirements of the
NEPA and subsequent guidelines for
preparing environmental documents,
including 40 CFR 1506.5(b), the BOP
has conducted its own evaluation of the
environmental issues and takes
responsibility for the scope and content
of the EA prepared for New Low
Security Beds, January 2011. The BOP
has determined that the selected action
does not significantly impact the quality
of the human environment.
The FONSI and other information
regarding the proposed action are
available upon request by contacting:
Richard A. Cohn, Chief, or Issac J.
Gaston, Site Specialist Capacity
Planning and Site Selection, Federal
Bureau of Prisons, 320 First Street, NW.,
PO 00000
Frm 00116
Fmt 4703
Sfmt 4703
16839
Washington, DC 20534 Tel: 202–514–
6470, Fax: 202–616–6024/E-mail:
racohn@bop.gov origaston@bop.gov
FOR FURTHER INFORMATION CONTACT:
Richard A. Cohn, or Issac J. Gaston,
Federal Bureau of Prisons.
Dated: March 16, 2011.
Richard A. Cohn,
Chief, Capacity Planning and Site Selection
Branch.
[FR Doc. 2011–6819 Filed 3–24–11; 8:45 am]
BILLING CODE P
DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; Petition
for Classifying Labor Surplus Areas
ACTION:
Notice.
The Department of Labor
(DOL) hereby announces the submission
of the Employment and Training
Administration (ETA) sponsored
information collection request (ICR)
titled, ‘‘Petition for Classifying Labor
Surplus Areas,’’ to the Office of
Management and Budget (OMB) for
review and approval for continued use
in accordance with the Paperwork
Reduction Act of 1995 (Pub. L. 104–13,
44 U.S.C. chapter 35).
DATES: Submit comments on or before
April 25, 2011.
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 from the RegInfo.gov
Web site, https://www.reginfo.gov/
public/do/PRAMain, on the day
following publication of this notice or
by contacting Michel Smyth by
telephone at 202–693–4129 (this is not
a toll-free number) or sending an e-mail
to DOL_PRA_PUBLIC@dol.gov.
Submit comments about this request
to the Office of Information and
Regulatory Affairs, Attn: OMB Desk
Officer for the Department of Labor,
Employment and Training
Administration (ETA), Office of
Management and Budget, Room 10235,
Washington, DC 20503, Telephone:
202–395–6929/Fax: 202–395–6881
(these are not toll-free numbers), e-mail:
OIRA_submission@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT:
Contact Michel Smyth by telephone at
202–693–4129 (this is not a toll-free
number) or by e-mail at
DOL_PRA_PUBLIC@dol.gov.
SUMMARY:
E:\FR\FM\25MRN1.SGM
25MRN1
]]>Agencies
[Federal Register Volume 76, Number 58 (Friday, March 25, 2011)]
[Notices]
[Pages 16838-16839]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6819]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Federal Bureau of Prisons
Finding of No Significant Impact; Notice of Availability of the
Finding of No Significant Impact (FONSI) Concerning a Proposal To Award
a Contract for New Low Security Beds to One Private Contractor To House
Approximately 1,000 Federal, Low-Security, Adult Male, Non-US Citizen,
Criminal Aliens at a Contractor-Owned, Contractor-Operated Correctional
Facility
AGENCY: U.S. Department of Justice, Federal Bureau of Prisons.
ACTION: Finding of No Significant Impact.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Justice, Federal Bureau of Prisons
(BOP) announces the availability of the Finding of No Significant
Impact (FONSI) concerning the Environmental Assessment (EA) for the
proposal to award one or more contracts to house approximately, 1,000
federal, low-security, adult males, criminal aliens within one existing
contractor owned, contractor operated facility.
Background Information
Growth of the federal inmate population has been substantial over
the last two decades. Currently, the increased federal inmate
population exceeds the combined rated capacities of the 116 BOP
facilities. It is projected that this growth will continue as a result
of actions and programs implemented by the U.S. Department of Justice
and the U.S. Department of Homeland Security regarding sentenced and
unsentenced criminal aliens.
In response, the BOP is seeking flexibility in managing its current
shortage of beds by contracting for those services with non-federal
facilities to house federal inmates. This approach provides the BOP
with flexibility to meet population capacity needs in a timely fashion,
conform to federal law, and maintain fiscal responsibility, while
successfully attaining the mission of the BOP.
The BOP proposed action is to award one contract to house
approximately 1,000 federal low-security, adult male, non-U.S. citizen,
criminal aliens at an existing privately owned and privately operated
correctional facility. Under the Proposed Action, the selected
contractor would be required to operate the facility in a manner
consistent with the mission and requirements of the BOP. All inmate
services would be developed in a manner that complies with the BOP's
contract requirements, as well as applicable federal, state, and local
laws and regulations. The contract also requires that no new
construction or expansion of the existing facility occur. In addition,
the facility will be within proximity, and have access to, ambulatory,
fire and police protection services. The federal inmates assigned to
this facility would consist primarily of inmates with sentences of 90
months or less remaining to be served. As described previously these
inmates are anticipated to be low-security, adult male, non-U.S.
citizen, criminal aliens, however the BOP may designate any inmate
within its custody to serve their sentence in this facility. The
contract awarded for this action would have one four-year base period
and three, two-year option periods, for a maximum term of ten years.
Five existing privately owned and operated correctional facilities
in Kentucky, Louisiana, and Texas have been offered in response to the
BOP's nationwide solicitation from which the BOP will award one
contract to one of the five facilities offered. Each of the following
existing facilities has been evaluated in this EA. In addition, the No
Action Alternative is evaluated, to determine baseline conditions and
comply with the provisions of NEPA.
Lee Adjustment Center. Located on an approximately 90 acre
parcel in Beattyville, Kentucky.
Limestone County Detention Center. Located on a 293 acre
parcel in Groesbeck, Texas.
[[Page 16839]]
Jackson Parish Correctional Center. Located on
approximately 20 acres in Jonesboro, Louisiana.
Pine Prairie Correctional Center. Located on an
approximately 15 acre parcel in Pine Prairie, Louisiana.
Jack Harwell Detention Center. Located on an approximately
20 acre parcel in Waco, Texas.
No other facilities are under consideration by the BOP
Project Information
Pursuant to Section 102, 42 U.S.C. 4332, of the National
Environmental Policy Act (NEPA) of 1969, as amended and the Council on
Environmental Quality Regulations (40 CFR Parts 1500-1508), the BOP
published an EA concerning a proposal to award one contract to house
approximately 1,000 Iow-security, adult male, criminal aliens within
one existing contractor-owned and contractor-operated correctional
facility.
Under the current solicitation, the BOP required that, prior to
contract award, offerors provide information regarding past
environmental activities and the environmental condition of the
proposed sites and institutions. The EA, which is incorporated by
reference describes the potential environmental impacts associated with
the Action Alternatives, as well as the No Action Alternative. The
stated purpose and need was the provision of approximately 1,000 beds
although the overall system need is far greater. The document describes
baseline environmental conditions, including the natural and human
environments, addresses potential environmental impacts of the No
Action Alternative and Action Alternatives, and includes appropriate
mitigation measures.
Further, as required by the solicitation, the BOP has taken several
steps regarding offerors environmental documentation. First, the BOP
has independently evaluated and verified the accuracy of the offerors
environmental documentation. Second, the BOP has given greater
consideration to the proposal which represents the preferred
alternative. Third, the BOP reserved the right to eliminate proposals
based on the adequacy of the documentation provided by the offeror(s)
or the potential impact to the quality of the human environment. Last,
the BOP reserved the right to disclose or make public any environmental
documentation or other environmental information.
An impact analysis of the alternatives was prepared as part of the
EA. The analysis evaluated natural, cultural, and socioeconomic impacts
of the Proposed Action for each of the Action Alternatives. The
analysis included the environmental information provided by the
offerors, as well as site visits. The BOP published the EA on January
28, 2011 and published a Notice of Availability (NOA) in the Federal
Register and in local newspapers associated with each of the five
proposed alternative locations. The NOA provided a 30-day public
comment period which began on January 28, 2011 and ended on February
28, 2011. The BOP also distributed copies of the EA to federal, state
and local officials, resource agencies, and other interested parties.
No comments were received regarding the EA during the 30-day comment
period. However, the BOP did receive a letter from an individual after
the end of the comment period containing several comments related to
the Lee Adjustment Center alternative in Beattyville, Kentucky.
Although this comment letter was received after the comment period
ended, the BOP reviewed and considered comments on the Lee Adjustment
Center alternative in the NEPA process.
The Limestone County Detention Center in Groesbeck, Texas is the
selected alternative that best meets BOP's needs and has no significant
impact on the human, natural or cultural environment. Mitigation for
the project is not required due to the lack of impacts to natural,
cultural, and socioeconomic resources. Implementation of the proposed
action at the Limestone County Detention Center in conjunction with
past, present, or reasonably foreseeable future actions, is not
anticipated to result in major adverse cumulative impacts to natural,
cultural or socioeconomic resources in the area.
Availability of Finding of No Significant Impact
Pursuant to the requirements of the NEPA and subsequent guidelines
for preparing environmental documents, including 40 CFR 1506.5(b), the
BOP has conducted its own evaluation of the environmental issues and
takes responsibility for the scope and content of the EA prepared for
New Low Security Beds, January 2011. The BOP has determined that the
selected action does not significantly impact the quality of the human
environment.
The FONSI and other information regarding the proposed action are
available upon request by contacting: Richard A. Cohn, Chief, or Issac
J. Gaston, Site Specialist Capacity Planning and Site Selection,
Federal Bureau of Prisons, 320 First Street, NW., Washington, DC 20534
Tel: 202-514-6470, Fax: 202-616-6024/E-mail: racohn@bop.gov
origaston@bop.gov
FOR FURTHER INFORMATION CONTACT: Richard A. Cohn, or Issac J. Gaston,
Federal Bureau of Prisons.
Dated: March 16, 2011.
Richard A. Cohn,
Chief, Capacity Planning and Site Selection Branch.
[FR Doc. 2011-6819 Filed 3-24-11; 8:45 am]
BILLING CODE P
