Meeting of the Federal Advisory Committee on Juvenile Justice, 53965-53966 [2011-22132]
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Federal Register / Vol. 76, No. 168 / Tuesday, August 30, 2011 / Notices
performance of health care tasks.’’ 2 Id.
Accordingly, the Board ordered that
Registrant’s practice be ‘‘limited in that
he shall not perform health care tasks in
the State of Arizona and is prohibited
from prescribing any form of treatment
including prescription medication until
[he] applies to the Board and receives
permission to do so.’’ Id. at 2. I therefore
find that Registrant is without authority
to dispense controlled substances under
the laws of the State of Arizona, the
State in which he holds his DEA
registration.
be revoked and any pending application
be denied.
Dated: August 17, 2011.
Michele M. Leonhart,
Administrator.
Registrant is the holder of DEA
Certificate of Registration MB1048746,
which authorizes him to dispense
controlled substances in schedules II
through V as a mid-level practitioner, at
the registered address of 112 Ash Park
Drive, Ash Fork, AZ. GX 1. Registrant’s
registration does not expire until July
31, 2012. Id.
Registrant is also the holder of a
license issued by the Arizona
Regulatory Board of Physician
Assistants which formerly authorized
him to perform health care tasks in
Arizona. GX 6, at 1. However, according
to a Consent Agreement which
Registrant entered into with the Board
on March 26, 2010, Registrant ‘‘has a
medical condition that may limit his
ability to safely engage in the
Discussion
The Controlled Substances Act (CSA)
grants the Attorney General authority to
revoke 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.’’ 21 U.S.C.
824(a)(3). Moreover, consistent with the
CSA’s definition of the term
‘‘practitioner,’’ DEA has long held that
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 * * * or other person
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 under state law to
dispense controlled substances is an
essential condition for holding a DEA
registration. See David W. Wang, 72 FR
54297, 54298 (2007); Sheran Arden
Yeates, 71 FR 39130, 39131 (2006);
Dominick A. Ricci, 58 FR 51104, 51105
(1993); Bobby Watts, 53 FR 11919,
11920 (1988). Here, while Registrant
retains an Arizona P.A. license, the
evidence establishes that he is no longer
authorized under his license to dispense
controlled substances. Because
Registrant no longer satisfies this
requirement, he is not entitled to
maintain his registration. Accordingly, I
will order that Registrant’s registration
1 In its request for final agency action, the
Government also stated that it mailed the Show
Cause Order to Registrant at his last known address.
2 The Board noted, however, that ‘‘[t]here has
been no finding of unprofessional conduct against’’
Registrant. GX 6, at 2.
controlled substances in * * * Arizona,
the [S]tate in which [he is] registered
with DEA.’’ Show Cause Order at 1
(citing 21 U.S.C. 824(a)(3)). The Show
Cause Order also notified Registrant of
his right to either request a hearing on
the allegations or to submit a written
statement in lieu of a hearing, the
procedures for doing either, and the
consequences if he failed to do either.
Id. at 2 (citing 21 CFR 1301.43(a), (c)–
(e)).
The Government initially attempted
to serve Registrant with the Order to
Show Cause by certified mail addressed
to him at his registered location.
However, this mailing was returned
unclaimed with the notations: ‘‘No City
Delivery’’ and ‘‘Requires PO Box
Number.’’ GX 3. On March 8, 2011, the
Government served the Show Cause
Order on Registrant by certified mail
addressed to him at an address he had
previously provided to the Agency for
receiving mail.1 GX 4. The Investigative
Record includes a signed return receipt
card establishing service. Id.
Since the date of service of the Show
Cause Order, neither Registrant, nor
anyone purporting to represent him, has
either requested a hearing or submitted
a written statement in lieu thereof.
Because more than thirty days have now
passed since service of the Show Cause
Order, I find that Registrant has waived
his right to either request a hearing or
to submit a written statement. I
therefore issue this Decision and Final
Order based on relevant evidence
contained in the Investigative Record
submitted by the Government.
Findings
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Order
Pursuant to the authority vested in me
by 21 U.S.C. 823(f) and 824(a)(3), as
well as 28 CFR 0.100(b), I order that
DEA Certificate of Registration
MB1048746, issued to Dale J. Bingham,
P.A., be, and it hereby is, revoked. I
further order that any application of
Dale H. Bingham, P.A., to renew or
modify his registration, be denied. This
Order is effective September 29, 2011.
[FR Doc. 2011–22091 Filed 8–29–11; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Office of Justice Programs
[OJP (OJJDP) Docket No. 1556]
Meeting of the Federal Advisory
Committee on Juvenile Justice
Office of Juvenile Justice and
Delinquency Prevention, Office of
Justice Programs, U. S. Department of
Justice.
ACTION: Notice of meeting.
AGENCY:
The Office of Juvenile Justice
and Delinquency Prevention (OJJDP)
announces a meeting of the Federal
Advisory Committee on Juvenile Justice
(FACJJ).
Dates and Locations: The meeting
will take place at the Gaylord National
Hotel and Convention Center, 201
Waterfront Street, National Harbor, MD
20745, on Tuesday, October 11, 2011
from 8:30 a.m. to 5 p.m.
FOR FURTHER INFORMATION CONTACT:
Robin Delany-Shabazz, Designated
Federal Official, OJJDP, Robin.DelanyShabazz@usdoj.gov, or 202–307–9963.
[Note: This is not a toll-free number.]
SUPPLEMENTARY INFORMATION: The
Federal Advisory Committee on
Juvenile Justice (FACJJ), established
pursuant to Section 3(2)A of the Federal
Advisory Committee Act (5 U.S.C.
App.2), will meet to carry out its
advisory functions under Section
223(f)(2)(C–E) of the Juvenile Justice and
Delinquency Prevention Act of 2002.
The FACJJ is composed of
representatives from the states and
territories. FACJJ member duties
include: reviewing Federal policies
regarding juvenile justice and
delinquency prevention; advising the
OJJDP Administrator with respect to
particular functions and aspects of
SUMMARY:
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53966
Federal Register / Vol. 76, No. 168 / Tuesday, August 30, 2011 / Notices
OJJDP; and advising the President and
Congress with regard to State
perspectives on the operation of OJJDP
and Federal legislation pertaining to
juvenile justice and delinquency
prevention. More information may be
found at https://www.facjj.org.
Meeting Agenda: The agenda will
include: (a) Welcome and introductions;
(b) remarks from the Administrator; (c)
an introduction to the FACJJ and
overview of member roles and
responsibilities; (d) overview of OJJDP;
(e) strategies for working with nonmember states and territories; (f)
discussion of sub committee options
and work products; (g) election of a
chair and vice chair; (h) other business;
and (i) adjournment.
For security purposes, members of the
FACJJ and of the public who wish to
attend must pre-register online at
https://www.facjj.org by Tuesday,
October 4, 2011. Should problems arise
with web registration, call Daryel
Dunston at 240–221–4343. [Note: these
are not toll-free telephone numbers.]
Photo identification will be required.
Additional identification documents
may be required. Space is limited.
Written Comments: Interested parties
may submit written comments by
Tuesday, October 4, 2011, to Robin
Delany-Shabazz, Designated Federal
Official for the Federal Advisory
Committee on Juvenile Justice, OJJDP, at
Robin.Delany-Shabazz@usdoj.gov.
Alternatively, fax your comments to
202–307–2819 and call Joyce Mosso
Stokes at 202–305–4445 to ensure its
receipt. [Note: These are not toll-free
numbers.] No oral presentations will be
permitted though written questions or
comments may be invited.
Dated: August 24, 2011.
Jeff Slowikowski,
Acting Administrator, Office of Juvenile
Justice and Delinquency Prevention.
[FR Doc. 2011–22132 Filed 8–29–11; 8:45 am]
BILLING CODE 4410–18–P
DEPARTMENT OF LABOR
Office of Workers’ Compensation
Programs
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Proposed Renewal of Existing
Collection; Comment Request
ACTION:
Notice.
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
SUMMARY:
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Jkt 223001
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. Currently, the Office
of Workers’ Compensation Programs is
soliciting comments concerning the
proposed collection: Certification of
Medical Necessity (CM–893). A copy of
the proposed information collection
request can be obtained by contacting
the office listed below in the addresses
section of this Notice.
Written comments must be
submitted to the office listed in the
addresses section below on or before
October 31, 2011.
DATES:
Mr. Vincent Alvarez, U.S.
Department of Labor, 200 Constitution
Ave., NW., Room S–3201, Washington,
DC 20210, telephone (202) 693–0372,
fax (202) 693–1447, E-mail
Alvarez.Vincent@dol.gov. Please use
only one method of transmission for
comments (mail, fax, or E-mail).
ADDRESSES:
SUPPLEMENTARY INFORMATION:
I. Background: The Office of Workers’
Compensation Programs administers the
Federal Black Lung Workers’
Compensation Program. The enabling
regulations of the Black Lung Benefits
Act, at 20 CFR 725.701, establishes
miner eligibility for medical services
and supplies for the length of time
required by the miner’s condition and
disability. 20 CFR 706 stipulates there
must be prior approval before ordering
an apparatus where the purchase price
exceeds $300.00. 20 CFR 725.707
provides for the ongoing supervision of
the miner’s medical care, including the
necessity, character and sufficiency of
care to be furnished; gives the authority
to request medical reports and indicates
the right to refuse payment for failing to
submit any reports required. Because of
the above legislation and regulations, it
was necessary to devise a form to collect
the required information. The CM–893,
Certificate of Medical Necessity is
completed by the coal miner’s doctor
and is used by the Division of Coal Mine
Worker’s Compensation to determine if
the miner meets impairment standards
to qualify for durable medical
equipment, home nursing, and/or
pulmonary rehabilitation. This
information collection is currently
approved for use through October 31,
2011.
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II. Review Focus: The Department of
Labor 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
• 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.
III. Current Actions: The Department
of Labor seeks the approval for the
extension of this currently-approved
information collection in order to carry
out its responsibility to determine the
eligibility for reimbursement of medical
benefits to Black Lung recipients.
Agency: Office of Workers’
Compensation Programs.
Type of Review: Extension.
Title: Certificate of Medical Necessity.
OMB Number: 1240–0024.
Agency Number: CM–893.
Affected Public: Individuals or
households; Business or other for profit,
and not-for-profit institutions.
Total Respondents: 2,500.
Total Annual Responses: 2,500.
Average Time per Response: 20 to 40
minutes.
Estimated Total Burden Hours: 965.
Frequency: On occasion.
Total Burden Cost (capital/startup):
$0.
Total Burden Cost (operating/
maintenance): $1,335.
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 will
also become a matter of public record.
Dated: August 24, 2011.
Vincent Alvarez,
Agency Clearance Officer, Office of Workers’
Compensation Programs, U.S. Department of
Labor.
[FR Doc. 2011–22122 Filed 8–29–11; 8:45 am]
BILLING CODE 4510–CK–P
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Agencies
[Federal Register Volume 76, Number 168 (Tuesday, August 30, 2011)]
[Notices]
[Pages 53965-53966]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22132]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Office of Justice Programs
[OJP (OJJDP) Docket No. 1556]
Meeting of the Federal Advisory Committee on Juvenile Justice
AGENCY: Office of Juvenile Justice and Delinquency Prevention, Office
of Justice Programs, U. S. Department of Justice.
ACTION: Notice of meeting.
-----------------------------------------------------------------------
SUMMARY: The Office of Juvenile Justice and Delinquency Prevention
(OJJDP) announces a meeting of the Federal Advisory Committee on
Juvenile Justice (FACJJ).
Dates and Locations: The meeting will take place at the Gaylord
National Hotel and Convention Center, 201 Waterfront Street, National
Harbor, MD 20745, on Tuesday, October 11, 2011 from 8:30 a.m. to 5 p.m.
FOR FURTHER INFORMATION CONTACT: Robin Delany-Shabazz, Designated
Federal Official, OJJDP, Robin.Delany-Shabazz@usdoj.gov, or 202-307-
9963. [Note: This is not a toll-free number.]
SUPPLEMENTARY INFORMATION: The Federal Advisory Committee on Juvenile
Justice (FACJJ), established pursuant to Section 3(2)A of the Federal
Advisory Committee Act (5 U.S.C. App.2), will meet to carry out its
advisory functions under Section 223(f)(2)(C-E) of the Juvenile Justice
and Delinquency Prevention Act of 2002. The FACJJ is composed of
representatives from the states and territories. FACJJ member duties
include: reviewing Federal policies regarding juvenile justice and
delinquency prevention; advising the OJJDP Administrator with respect
to particular functions and aspects of
[[Page 53966]]
OJJDP; and advising the President and Congress with regard to State
perspectives on the operation of OJJDP and Federal legislation
pertaining to juvenile justice and delinquency prevention. More
information may be found at https://www.facjj.org.
Meeting Agenda: The agenda will include: (a) Welcome and
introductions; (b) remarks from the Administrator; (c) an introduction
to the FACJJ and overview of member roles and responsibilities; (d)
overview of OJJDP; (e) strategies for working with non-member states
and territories; (f) discussion of sub committee options and work
products; (g) election of a chair and vice chair; (h) other business;
and (i) adjournment.
For security purposes, members of the FACJJ and of the public who
wish to attend must pre-register online at https://www.facjj.org by
Tuesday, October 4, 2011. Should problems arise with web registration,
call Daryel Dunston at 240-221-4343. [Note: these are not toll-free
telephone numbers.] Photo identification will be required. Additional
identification documents may be required. Space is limited.
Written Comments: Interested parties may submit written comments by
Tuesday, October 4, 2011, to Robin Delany-Shabazz, Designated Federal
Official for the Federal Advisory Committee on Juvenile Justice, OJJDP,
at Robin.Delany-Shabazz@usdoj.gov. Alternatively, fax your comments to
202-307-2819 and call Joyce Mosso Stokes at 202-305-4445 to ensure its
receipt. [Note: These are not toll-free numbers.] No oral presentations
will be permitted though written questions or comments may be invited.
Dated: August 24, 2011.
Jeff Slowikowski,
Acting Administrator, Office of Juvenile Justice and Delinquency
Prevention.
[FR Doc. 2011-22132 Filed 8-29-11; 8:45 am]
BILLING CODE 4410-18-P