Agency Information Collection Activities: Proposed Collection, Comments Requested, 20042-20043 [2011-8489]

Download as PDF srobinson on DSKHWCL6B1PROD with NOTICES 20042 Federal Register / Vol. 76, No. 69 / Monday, April 11, 2011 / Notices that the prescriptions were unlawful. I thus hold that Respondent violated its corresponding responsibility under Federal law and DEA’s regulation by filling prescriptions which it had reason to know were not legitimate. 21 CFR 1306.04(a); Bertolino, 55 FR at 4730. It is also clear that Respondent has breached the Settlement Agreement by failing to comply with Federal law and DEA regulations and by failing to institute a policy to prevent the filling of unlawful prescriptions. The evidence also supports the conclusion that Respondent violated Federal law when it dispensed numerous prescriptions for Lyrica to T.M. which were purportedly authorized by Dr. M. by telephone. The evidence shows that the prescriptions were fraudulent because Dr. M. had previously discharged T.M. from his practice and ceased writing prescriptions for her. The evidence also shows that Mr. Weeks falsely represented to a State inspector that Respondent had not dispensed Lyrica after November 28, 2008, when, in fact, it had dispensed the drug multiple times to her. At a minimum, Mr. Weeks’ willingness to lie about this issue (coupled with his failure to submit any evidence rebutting the allegation) supports the inference that he and Respondent had reason to know that the prescriptions were fraudulent and yet dispensed them anyway. See 21 U.S.C. 841(a)(1) and 843(a)(3); 21 CFR 1306.04(a). In addition, the evidence shows that Respondent repeatedly dispensed narcotic drugs such as hydromorphone (also purportedly authorized by Dr. M) to T.M. for more than six months after she had been discharged by him, and that during this time period, it also repeatedly dispensed hydrocodone based on prescriptions which were issued by J.B. (a nurse practitioner). Dr. M. and J.B. did not, however, practice together. Yet Respondent repeatedly dispensed both drugs to T.M. and even dispensed both drugs to her on the same day (May 1, 2009). Once again, it is clear that Respondent violated its corresponding responsibility under 21 CFR 1306.04(a) and the Settlement Agreement on numerous occasions. The record further establishes that Respondent violated South Carolina law when, on August 7, 2009, it dispensed 180 tablets of Roxicodone (oxycodone) 30 mg. and 60 tablets of MS Contin (morphine sulfate) 100 mg. to J.W. based on prescriptions which were dated March 6, 2009. Both drugs are schedule II controlled substances under South Carolina law (as they are under the CSA). See S.C. Code § 44–53–210(a). VerDate Mar<15>2010 17:49 Apr 08, 2011 Jkt 223001 Under South Carolina law, ‘‘[p]rescriptions for Schedule II substances must be dispensed within ninety days of the date of issue, after which time they are void.’’ Id. § 44–53– 360(e). However, on the date Respondent dispensed these two prescriptions, they were more than five months old and were void. I thus conclude that Respondent violated South Carolina law by dispensing these prescriptions. Finally, the Settlement Agreement clearly required that Respondent submit ‘‘quarterly reports of all schedule II controlled substances [it] dispensed.’’ As found above, the DI’s affidavit establishes that Respondent has never submitted such a report. Respondent is therefore in violation of the Settlement Agreement for this reason as well. I therefore find that Respondent has committed acts which render its registration ‘‘inconsistent with the public interest.’’ 21 U.S.C. 824(a)(4). Accordingly, Respondent’s registration will be revoked and its pending application to renew its registration will be denied. For the same reasons which led me to order the immediate suspension of Respondent’s registration, I conclude that this Order shall be effective immediately. Order Pursuant to the authority vested in me by 21 U.S.C. 823(f) and 824(a), as well as 28 CFR 0.100(b) and 0.104, I hereby order that DEA Certificate of Registration, BT2981214, issued to The Medicine Dropper, be, and it hereby is, revoked. I further order that any pending application of The Medicine Dropper for renewal or modification of its registration be, and it hereby is, denied. This Order is effective immediately. Dated: April 1, 2011. Michele M. Leonhart, Administrator. [FR Doc. 2011–8542 Filed 4–8–11; 8:45 am] BILLING CODE 4410–09–P Distributors, Inc. (Respondent), of Belleville, Illinois. The Show Cause Order proposed the revocation of Respondent’s Certificate of Registration, which authorizes it to distribute listed chemicals, and the denial of any pending applications to renew or modify the registration, on the ground that Respondent’s registration is ‘‘inconsistent with the public interest.’’ ALJ Ex. 1 (citing 21 U.S.C. 823(h) & 824(d)). Respondent, through its counsel, requested a hearing on the allegations and the matter was assigned to an agency Administrative Law Judge (ALJ), who conducted a hearing on April 21, 2008. Thereafter, on October 30, 2009, the ALJ issued her recommended decision. Therein, the ALJ found that the Government ‘‘ha[d] not met its burden of proof in showing that the Respondent’s continued registration would be against the public interest’’ and recommended that its registration be continued. ALJ at 37. The Government apparently agreed as it did not file exceptions to the ALJ’s decision. The ALJ then forwarded the record to me for final agency action. Thereafter, the parties ‘‘reached a settlement of all administrative matters pending before’’ me and filed a joint motion which requests that I terminate the proceedings. Motion to Terminate Administrative Proceedings. The parties also included a copy of the Memorandum of Agreement, setting forth the terms of their settlement. Having reviewed the ALJ’s decision and the terms of the settlement agreement, I find that the settlement is appropriate and consistent with the public interest. Accordingly, the parties’ motion to terminate the proceeding is hereby granted and the Order to Show Cause is dismissed. It is so ordered. Dated: April 1, 2011. Michele M. Leonhart, Administrator. [FR Doc. 2011–8537 Filed 4–8–11; 8:45 am] BILLING CODE 4410–09–P DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE Drug Enforcement Administration Federal Bureau of Investigation [Docket No. 08–16] [OMB Number 1110–0002] Four Seasons Distributors, Inc.; Order Accepting Settlement Agreement and Terminating Proceeding Agency Information Collection Activities: Proposed Collection, Comments Requested On October 31, 2007, the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration, issued an Order to Show Cause to Four Seasons PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 30-day Notice of Information Collection Under Review: Revision of a currently approved collection; Supplementary Homicide Report. ACTION: E:\FR\FM\11APN1.SGM 11APN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 76, No. 69 / Monday, April 11, 2011 / Notices The Department of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Division will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with established review procedures of the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register Volume 76, Number 21, page 5611, on February 1, 2011, allowing for a 60 day comment period. The purpose of this notice is to allow for an additional 30 days for public comment until May 11, 2011. This process is conducted in accordance with 5 CFR 1320.10. Written comments and/or suggestions regarding the items contained in this notice, especially the estimated public burden and associated response time, should be directed to Mr. Gregory E. Scarbro, Unit Chief, Federal Bureau of Investigation, Criminal Justice Information Services (CJIS) Division, Module E–3, 1000 Custer Hollow Road, Clarksburg, West Virginia 26306; facsimile (304) 625–3566 or sent to the Office of Information and Regulatory Affairs, Office of Management and Budget, Attn: DOJ Desk Officer. The best way to ensure your comments are received is to e-mail them to oira_submission@omb.eop.gov or fax them to 202–395–7285. All comments should reference the 8 digit OMB number for the collection or the title of the collection. If you have questions concerning the collection, please fax Mr. Gregory E. Scarbro at 304–625–3566 or call the DOJ Desk Officer at 202–395– 3176. Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. 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 functions of the agency, including 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 VerDate Mar<15>2010 17:49 Apr 08, 2011 Jkt 223001 are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques of other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection (1) Type of information collection: Revision of a currently approved collection. (2) The title of the form/collection: Supplementary Homicide Report. (3) The agency form number, if any, and the applicable component of the department sponsoring the collection: Form Number: 1–704; Sponsor: Criminal Justice Information Services Division, Federal Bureau of Investigation, Department of Justice. (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: City, county, state, federal and tribal law enforcement agencies. Brief Abstract: This collection is needed to collect information on law enforcement officers killed or assaulted in the line of duty throughout the U.S. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: There are approximately 17,985 law enforcement agency respondents that submit monthly for a total of 215,820 responses with an estimated response time of 9 minutes per response. (6) An estimate of the total public burden (in hours) associated with this collection: There are approximately 32,373 hours, annual burden, associated with this information collection. If additional information is required contact: Lynn Murray, Department Clearance Officer, Policy and Planning Staff, Justice Management Division, United States Department of Justice, Two Constitution Square, 145 N Street, Room 2E–808, Washington, DC 20530. Dated: April 4, 2011. Lynn Murray, Department Clearance Officer, United States Department of Justice. [FR Doc. 2011–8489 Filed 4–8–11; 8:45 am] BILLING CODE 4410–02–P PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 20043 DEPARTMENT OF JUSTICE Federal Bureau of Investigation [OMB Number 1110–NEW] Agency Information Collection Activities: New Collection, Comments Requested 30-day Notice of information collection for renewal: Final Disposition Report (R–84). ACTION: The Department of Justice (DOJ), Federal Bureau of Investigation (FBI), Criminal Justice Information Services (CJIS) Division will be submitting the following information collection renewal to the Office of Management and Budget (OMB) for review in accordance with established review procedures of the Paperwork Reduction Act of 1995. The information collection is published to obtain comments from the public and affected agencies. The information collection was previously published in the Federal Register Volume 26, Page 6827, on February 8, 2011, allowing for a 60-day comment period. The purpose of this notice is to allow for an additional 30 days for public comment until May 11, 2011. This process is conducted in accordance with 5 CFR 1320.10. Written comments concerning this information collection should be sent to the Office of Information and Regulatory Affairs, Office of Management and Budget, Attn: DOJ Desk Officer. The best way to ensure your comments are received is to e-mail them to oira_submission@omb.eop.gov or fax them to 202–395–7285. All comments should reference the 8 digit OMB number for the collection or the title of the collection. If you have questions concerning the collection, please call Rachel K. Hurst at 1–304–625–2000 or the DOJ Desk Officer at 202–395–3176. 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 functions of the agency, including whether the information will have a 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; E:\FR\FM\11APN1.SGM 11APN1

Agencies

[Federal Register Volume 76, Number 69 (Monday, April 11, 2011)]
[Notices]
[Pages 20042-20043]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-8489]


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DEPARTMENT OF JUSTICE

Federal Bureau of Investigation

[OMB Number 1110-0002]


Agency Information Collection Activities: Proposed Collection, 
Comments Requested

ACTION: 30-day Notice of Information Collection Under Review: Revision 
of a currently approved collection; Supplementary Homicide Report.

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[[Page 20043]]

    The Department of Justice, Federal Bureau of Investigation, 
Criminal Justice Information Services Division will be submitting the 
following information collection request to the Office of Management 
and Budget (OMB) for review and clearance in accordance with 
established review procedures of the Paperwork Reduction Act of 1995. 
The proposed information collection is published to obtain comments 
from the public and affected agencies. This proposed information 
collection was previously published in the Federal Register Volume 76, 
Number 21, page 5611, on February 1, 2011, allowing for a 60 day 
comment period.
    The purpose of this notice is to allow for an additional 30 days 
for public comment until May 11, 2011. This process is conducted in 
accordance with 5 CFR 1320.10.
    Written comments and/or suggestions regarding the items contained 
in this notice, especially the estimated public burden and associated 
response time, should be directed to Mr. Gregory E. Scarbro, Unit 
Chief, Federal Bureau of Investigation, Criminal Justice Information 
Services (CJIS) Division, Module E-3, 1000 Custer Hollow Road, 
Clarksburg, West Virginia 26306; facsimile (304) 625-3566 or sent to 
the Office of Information and Regulatory Affairs, Office of Management 
and Budget, Attn: DOJ Desk Officer. The best way to ensure your 
comments are received is to e-mail them to oira_submission@omb.eop.gov 
or fax them to 202-395-7285. All comments should reference the 8 digit 
OMB number for the collection or the title of the collection. If you 
have questions concerning the collection, please fax Mr. Gregory E. 
Scarbro at 304-625-3566 or call the DOJ Desk Officer at 202-395-3176.
    Written comments and suggestions from the public and affected 
agencies concerning the proposed collection of information are 
encouraged. 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 functions of the agency, 
including 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 of 
other forms of information technology, e.g., permitting electronic 
submission of responses.

Overview of This Information Collection

    (1) Type of information collection: Revision of a currently 
approved collection.
    (2) The title of the form/collection: Supplementary Homicide 
Report.
    (3) The agency form number, if any, and the applicable component of 
the department sponsoring the collection: Form Number: 1-704; Sponsor: 
Criminal Justice Information Services Division, Federal Bureau of 
Investigation, Department of Justice.
    (4) Affected public who will be asked or required to respond, as 
well as a brief abstract: Primary: City, county, state, federal and 
tribal law enforcement agencies. Brief Abstract: This collection is 
needed to collect information on law enforcement officers killed or 
assaulted in the line of duty throughout the U.S.
    (5) An estimate of the total number of respondents and the amount 
of time estimated for an average respondent to respond: There are 
approximately 17,985 law enforcement agency respondents that submit 
monthly for a total of 215,820 responses with an estimated response 
time of 9 minutes per response.
    (6) An estimate of the total public burden (in hours) associated 
with this collection: There are approximately 32,373 hours, annual 
burden, associated with this information collection.
    If additional information is required contact: Lynn Murray, 
Department Clearance Officer, Policy and Planning Staff, Justice 
Management Division, United States Department of Justice, Two 
Constitution Square, 145 N Street, Room 2E-808, Washington, DC 20530.

    Dated: April 4, 2011.
Lynn Murray,
Department Clearance Officer, United States Department of Justice.
[FR Doc. 2011-8489 Filed 4-8-11; 8:45 am]
BILLING CODE 4410-02-P