Agency Information Collection Activities; Proposed Collection; Comments Requested: Application for an Amended Federal Firearms License, 3795-3796 [2012-1376]

Download as PDF Federal Register / Vol. 77, No. 16 / Wednesday, January 25, 2012 / Notices information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: Section 337 of the Tariff Act of 1930 provides that if the Commission finds a violation it shall exclude the articles concerned from the United States: srobinson on DSK4SPTVN1PROD with NOTICES unless, after considering the effect of such exclusion upon the public health and welfare, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, and United States consumers, it finds that such articles should not be excluded from entry. 19 U.S.C. 1337(d)(1). A similar provision applies to cease and desist orders. 19 U.S.C. 1337(f)(1). The Commission is interested in further development of the record on the public interest in these investigations. Accordingly, members of the public are invited to file submissions of no more than five (5) pages, inclusive of attachments, concerning the public interest in light of the administrative law judge’s Recommended Determination on Remedy and Bonding issued in this investigation on January 13, 2012. Comments should address whether issuance of a limited exclusion order and a cease and desist order in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers. In particular, the Commission is interested in comments that: (i) Explain how the articles potentially subject to the recommended orders are used in the United States; (ii) identify any public health, safety, or welfare concerns in the United States relating to the recommended orders; (iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) indicate whether complainant, complainant’s licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the recommended exclusion order and/or a cease and desist order within a commercially reasonable time; and (v) explain how the limited exclusion order and cease and desist order would impact consumers in the United States. VerDate Mar<15>2010 18:09 Jan 24, 2012 Jkt 226001 Written submissions must be filed no later than by close of business on February 22, 2012. Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit 8 true paper copies to the Office of the Secretary by noon the next day pursuant to section 210.4(f) of the Commission’s Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the investigation number (‘‘Inv. No. 337–TA–750’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, https://www.usitc.gov/ secretary/fed_reg_notices/rules/ handbook_on_electronic_filing.pdf). Persons with questions regarding filing should contact the Secretary (202) 205– 2000). Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS. This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of sections 201.10 and 210.50 of the Commission’s Rules of Practice and Procedure (19 CFR 201.10, 210.50). Issued: January 20, 2012. By order of the Commission. James R. Holbein, Secretary to the Commission. [FR Doc. 2012–1533 Filed 1–24–12; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Bureau of Alcohol, Tobacco, Firearms and Explosives [OMB Number 1140–0040] Agency Information Collection Activities; Proposed Collection; Comments Requested: Application for an Amended Federal Firearms License 60-Day Notice of Information Collection. ACTION: The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will be PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 3795 submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted for ‘‘sixty days’’ until March 26, 2012. This process is conducted in accordance with 5 CFR 1320.10. If you have comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Tracey Robertson, Acting Chief, Federal Firearms Licensing Center, tracey.robertson@atf.gov (304) 616–4647, 244 Needy Road, Martinsburg, WV 25405. 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: —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 agencies 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 submission of responses. Summary of Information Collection (1) Type of Information Collection: Revision of a currently approved collection. (2) Title of the Form/Collection: Application for an Amended Federal Firearms License. (3) Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection: Form Number: ATF F 5300.38. Bureau of Alcohol, Tobacco, Firearms and Explosives. (4) Affected public who will be asked or required to respond, as well as a brief E:\FR\FM\25JAN1.SGM 25JAN1 3796 Federal Register / Vol. 77, No. 16 / Wednesday, January 25, 2012 / Notices abstract: Primary: Business or other forprofit. Other: Individual or households. Need for Collection The form is primarily used when a Federal firearms licensee makes application to change the location of the business premises. The form is also used for changes of trade or business name, changes of mailing address, changes of contact information, changes of hours of operation/availability, and allows for licensees to indicate any changes of business structure. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: It is estimated that 18,000 respondents will complete a 30 minute form once annually. (6) An estimate of the total public burden (in hours) associated with the collection: There are an estimated 9,000 annual total burden hours associated with this collection. If additional information is required contact: Jerri Murray, Department Clearance Officer, Policy and Planning Staff, Justice Management Division, Department of Justice, Two Constitution Square, 145 N Street NE., Room 2E–508, Washington, DC 20530. Jerri Murray, Department Clearance Officer, PRA, U.S. Department of Justice. [FR Doc. 2012–1376 Filed 1–24–12; 8:45 am] BILLING CODE 4410–FY–P DEPARTMENT OF JUSTICE Drug Enforcement Administration srobinson on DSK4SPTVN1PROD with NOTICES Mladen Antolic, M.D.; Decision and Order On August 8, 2011, the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration, issued an Order to Show Cause to Mladen Antolic, M.D. (Registrant), of Orlando, Florida. The Show Cause Order proposed the revocation of Registrant’s DEA Certificate of Registration BA1325528, as a practitioner in Schedules II through V, on the ground that he does ‘‘not have authority to practice medicine or handle controlled substances in the state of Florida.’’ Show Cause Order at 1 (citing 21 U.S.C. 824(a)(3)). The Show Cause Order alleged that ‘‘on or about March 29, 2011, the Florida Department of Health [had] ordered the emergency suspension of [Registrant’s] medical license,’’ and that he is thus ‘‘without authority to handle controlled substances in the State of Florida, the state in which [he is] VerDate Mar<15>2010 18:09 Jan 24, 2012 Jkt 226001 registered with DEA.’’ Id. The Show Cause Order alleged that the state suspension was based on allegations that Registrant had engaged ‘‘in sexual activity with patient(s),’’ that he ‘‘[i]nappropriately dispens[ed], administer[ed] or otherwise provid[ed] controlled substances to individuals in [his] home as payment for sex or for recreational use,’’ and that he had ‘‘[a]dminister[ed] controlled substances to [him]self when such controlled substances were not prescribed to [him] by a practitioner authorized to prescribe, dispense or administer medicinal drugs.’’ Id. at 1–2 (citing Fla. Sta. § 458.331(1)(j), (q), (r)). In addition to the allegations, the Order notified Registrant of his right to request a hearing on the allegations or to submit a written statement in lieu of a hearing, the procedure for doing either, and the consequence for failing to do either. Id. at 2 (citing 21 CFR 1301.43). On August 12, 2011, DEA Diversion Investigators personally served the Show Cause Order on Registrant, in the presence of his attorney. GX 3 (Affidavit of DI). Since the date of service of the Order, thirty days have now have passed and neither Registrant, nor anyone purporting to represent him, has requested a hearing or submitted a written statement in lieu of a hearing. I therefore find that Registrant has waived his right to a hearing or to submit a written statement in lieu of a hearing and issue this Decision and Final Order based on relevant evidence contained in the record submitted by the Government. 21 CFR 1301.43(d) & (e). I make the following findings of fact. Findings Registrant is the holder of DEA Certificate of Registration BA1325528, which authorizes him to dispense controlled substances in Schedules II through V, as a practitioner, at the registered address of 509 W. Colonial Drive, Orlando, Florida 32804. GX 1. His registration has an expiration date of June 30, 2012. Id. On March 29, 2011, the Acting State Surgeon General of the Florida Department of Health (DOH) issued to Registrant an Order of Emergency Suspension of License (hereinafter, DOH Order). GX 4, at 11. The State Surgeon General suspended Registrant’s license based on findings that he violated Florida Statutes sections 458.331(1)(j) (exercising influence within a patient-physician relationship for purposes of engaging a patient in sexual activity), 458.331(1)(q) (inappropriately dispensing, administering or otherwise providing oxycodone, cocaine or Xanax to people PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 at his home), and 458.331(1)(r) (engaging in prescribing, dispensing or administering any medicinal drug appearing on any schedule * * * to himself * * * except one prescribed * * * by another practitioner authorized to prescribe, dispense or administer medicinal drugs.). DOH Order, at 8–9. Registrant did not dispute or respond to the State’s allegations. GX 5, at 1 (Final Order, at 2, Department of Health v. Mladen Antolic, M.D., DOH Case No. 2010–20687 (Fla. Bd. of Med. Oct. 6, 2010)). Accordingly, on October 6, 2011, the Florida Board of Medicine issued a final order revoking Registrant’s state medical license. Id. at 2. I therefore find that Registrant currently lacks authority under Florida law to dispense controlled substances. 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, 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 Gerald T. Hanley, 53 FR 5658 (1988). This rule derives from the text of the CSA, which defines ‘‘the term ‘practitioner’ [to] mean[] 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,’’ 21 U.S.C. 802(21), and which imposes, as a condition for obtaining a registration, that a practitioner be authorized to dispense controlled substances under the laws of the State in which he practices. See 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). Therefore, because E:\FR\FM\25JAN1.SGM 25JAN1

Agencies

[Federal Register Volume 77, Number 16 (Wednesday, January 25, 2012)]
[Notices]
[Pages 3795-3796]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1376]


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DEPARTMENT OF JUSTICE

Bureau of Alcohol, Tobacco, Firearms and Explosives

[OMB Number 1140-0040]


Agency Information Collection Activities; Proposed Collection; 
Comments Requested: Application for an Amended Federal Firearms License

ACTION: 60-Day Notice of Information Collection.

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    The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, 
Firearms and Explosives (ATF), will be submitting the following 
information collection request to the Office of Management and Budget 
(OMB) for review and approval in accordance with the Paperwork 
Reduction Act of 1995. The proposed information collection is published 
to obtain comments from the public and affected agencies. Comments are 
encouraged and will be accepted for ``sixty days'' until March 26, 
2012. This process is conducted in accordance with 5 CFR 1320.10.
    If you have comments especially on the estimated public burden or 
associated response time, suggestions, or need a copy of the proposed 
information collection instrument with instructions or additional 
information, please contact Tracey Robertson, Acting Chief, Federal 
Firearms Licensing Center, tracey.robertson@atf.gov (304) 616-4647, 244 
Needy Road, Martinsburg, WV 25405.
    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:

--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 agencies 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 
submission of responses.

Summary of Information Collection

    (1) Type of Information Collection: Revision of a currently 
approved collection.
    (2) Title of the Form/Collection: Application for an Amended 
Federal Firearms License.
    (3) Agency form number, if any, and the applicable component of the 
Department of Justice sponsoring the collection: Form Number: ATF F 
5300.38. Bureau of Alcohol, Tobacco, Firearms and Explosives.
    (4) Affected public who will be asked or required to respond, as 
well as a brief

[[Page 3796]]

abstract: Primary: Business or other for-profit. Other: Individual or 
households.

Need for Collection

    The form is primarily used when a Federal firearms licensee makes 
application to change the location of the business premises. The form 
is also used for changes of trade or business name, changes of mailing 
address, changes of contact information, changes of hours of operation/
availability, and allows for licensees to indicate any changes of 
business structure.
    (5) An estimate of the total number of respondents and the amount 
of time estimated for an average respondent to respond: It is estimated 
that 18,000 respondents will complete a 30 minute form once annually.
    (6) An estimate of the total public burden (in hours) associated 
with the collection: There are an estimated 9,000 annual total burden 
hours associated with this collection.
    If additional information is required contact: Jerri Murray, 
Department Clearance Officer, Policy and Planning Staff, Justice 
Management Division, Department of Justice, Two Constitution Square, 
145 N Street NE., Room 2E-508, Washington, DC 20530.

Jerri Murray,
Department Clearance Officer, PRA, U.S. Department of Justice.
[FR Doc. 2012-1376 Filed 1-24-12; 8:45 am]
BILLING CODE 4410-FY-P

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