Agency Information Collection Activities: Proposed Collection; Comments Requested: Notification to Fire Safety Authority of Storage of Explosive Materials, 17504-17505 [2012-7190]
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17504
Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Notices
received is to email them to oira_
submission@omb.eop.gov or fax to 202–
395–7285. All comments should
reference the eight digit OMB number
for the collection or the title of the
collection. If you have any questions
concerning the collection, please
contact John Spencer, fire_tech@atf.gov.
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 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 submission of
responses.
tkelley on DSK3SPTVN1PROD with NOTICES
Summary of Collection
(1) Type of Information Collection:
Extension of a currently approved
collection.
(2) Title of the Form/Collection:
Identification Markings Placed on
Firearms.
(3) Agency form number, if any, and
the applicable component of the
Department of Justice sponsoring the
collection: Form Number: None. Bureau
of Alcohol, Tobacco, Firearms and
Explosives.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Business or other forprofit. Other: None. Abstract:
Need for Collection
Each licensed firearms manufacturer
or licensed importer must legibly
identify each firearm by engraving,
casting, stamping (impressing), or
otherwise conspicuously placing on the
frame or receiver an individual serial
number. Also, ATF requires minimum
height and depth requirements for
identification markings placed on
firearms.
(5) An estimate of the total number of
respondents and the amount of time
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21:07 Mar 23, 2012
Jkt 226001
estimated for an average respondent to
respond: There will be an estimated
2,962 respondents who will take 5
seconds to mark the firearm.
(6) An estimate of the total burden (in
hours) associated with the collection:
There are an estimated 2,500 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, Room 2E–508, 145 N Street NE.,
Washington, DC 20530.
Jerri Murray,
Department Clearance Officer PRA, United
States Department of Justice.
[FR Doc. 2012–7173 Filed 3–23–12; 8:45 am]
BILLING CODE 4410–FY–P
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms
and Explosives
[OMB Number 1140–0071]
Agency Information Collection
Activities: Proposed Collection;
Comments Requested: Notification to
Fire Safety Authority of Storage of
Explosive Materials
60-Day Notice of Information
Collection Under Review.
ACTION:
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 May 25, 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 William Miller, Chief,
Explosives Industry Programs Branch at
eipb@atf.gov.
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:
PO 00000
Frm 00103
Fmt 4703
Sfmt 4703
—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.
Overview of This Information
Collection
(1) Type of Information Collection:
Extension of a currently approved
collection.
(2) Title of the Form/Collection:
Notification to Fire Safety Authority of
Storage of Explosive Materials.
(3) Agency form number, if any, and
the applicable component of the
Department of Justice sponsoring the
collection: Form Number: None. Bureau
of Alcohol, Tobacco, Firearms and
Explosives.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Business or other forprofit. Other: Farms, State, Local, or
Tribal Government, Individuals or
households. The information is
necessary for the safety of emergency
response personnel responding to fires
at sites where explosives are stored. The
information is provided both orally and
in writing to the authority having
jurisdiction for fire safety in the locality
in which explosives are stored.
(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 1,025
respondents will take 30 minutes to
complete the notifications.
(6) An estimate of the total public
burden (in hours) associated with the
collection: There are an estimated 513
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
E:\FR\FM\26MRN1.SGM
26MRN1
Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Notices
Square, Room 2E–508, 145 N Street NE.,
Washington, DC 20530.
Jerri Murray,
Department Clearance Officer, PRA, United
States Department of Justice.
[FR Doc. 2012–7190 Filed 3–23–12; 8:45 am]
BILLING CODE 4410–FY–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 11–1]
tkelley on DSK3SPTVN1PROD with NOTICES
Morris W. Cochran, M.D.: Revocation
of Registration
On September 22, 2010, I, the thenDeputy Administrator of the Drug
Enforcement Administration, issued an
Order to Show Cause and Immediate
Suspension of Registration to Morris W.
Cochran, M.D. (Respondent), of
Birmingham, Alabama. The Order
proposed the revocation of
Respondent’s DEA Certificate of
Registration BC1701184, and the denial
of any pending applications to renew or
modify his registration, on the ground
that his ‘‘continued registration is
inconsistent with the public interest.’’
21 U.S.C. 824(a)(4).
More specifically, the Order alleged
that while Respondent is authorized to
prescribe Suboxone and Subutex ‘‘for
maintenance or detoxification treatment
pursuant to 21 U.S.C. 823(g)(2) under
DEA identification number
XC1701184,’’ he had ‘‘prescribed
methadone,’’ a schedule II controlled
substance, ‘‘to patients for the purpose
of drug addiction treatment’’ without
the registration required under 21 U.S.C.
823(g)(1). ALJ Ex.1, at 1–2.
Next, the Order alleged that
Respondent had prescribed both
methadone and Suboxone, the latter
being a Schedule III controlled
substance, to numerous patients whose
charts show that he ‘‘did not obtain a
prior medical history,’’ that he ‘‘did not
perform an initial physical exam,’’ that
he ‘‘established little or no basis for the
diagnoses,’’ and that he ‘‘offered no
other treatment other than prescribing
controlled substances.’’ Id. at 2. The
Order further alleged that ‘‘[s]uch
prescribing was not for a legitimate
medical purpose in the usual course of
professional practice in violation of 21
CFR 1306.04(a), and in violation of
Alabama Administrative Code 540–X–
11)(1), which requires that a physician
personally obtain an appropriate
history, perform a physical exam, make
a diagnosis and formulate a therapeutic
plan before prescribing drugs to a
patient.’’ Id. Finally, the Order alleged
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19:32 Mar 23, 2012
Jkt 226001
that Respondent had ‘‘continue to
prescribe alprazolam, a schedule IV
controlled substances depressant, to a
patient after [the] patient file explicitly
noted that the patient abused this drug.’’
Id.
Based on the above, I concluded that
Respondent’s continued registration
during the pendency of the proceeding
‘‘constitute[d] an imminent danger to
the public health and safety.’’ Id. I
therefore invoked my authority under
21 U.S.C. 824(d) and immediately
suspended Respondent’s registration.
Respondent requested a hearing on
the allegations and the matter was
placed on the docket of the Agency’s
Administrative Law Judges (ALJs). On
November 2–4, 2010, an ALJ conducted
a hearing in Birmingham, Alabama. ALJ
Decision (also ALJ), at 3.
On January 5, 2011, the ALJ issued
her decision which recommended that
Respondent’s registration be revoked.
Id. at 51. Therein, the ALJ found that the
Alabama Medical Board had not made
a recommendation in the matter (factor
one) and that Respondent has not been
convicted of an offense related to the
manufacture and distribution of
controlled substances (factor three). Id.
at 43, 48.
With respect to factors two
(Respondent’s experience in dispensing
controlled substances) and four
(Respondent’s compliance with
applicable laws related to controlled
substances), the ALJ made extensive
findings. First, the ALJ found that
Respondent violated DEA regulations
because he prescribed drugs other than
Suboxone or Subutex on prescription
forms that used only his Data Waiver (or
X) number. ALJ at 43. The ALJ also
found that Respondent ‘‘improperly
prescribed Suboxone for substance
abuse using his regular DEA registration
number rather than the required ‘‘X’’
number.’’ Id.
Next, the ALJ found that Respondent
prescribed methadone for detoxification
and maintenance treatment without
holding the separate registration
required to do so under Federal law.
ALJ at 43–45. The ALJ specifically
rejected Respondent’s testimony that he
had prescribed methadone to nine
patients to treat pain (which does not
require a separate registration), noting
that Respondent had initially told a
DEA Investigator that he was
prescribing methadone for
detoxification purposes, that several
patients who had received methadone
had told the Investigator that they were
being treated for substance abuse, and
that several of the patients had come to
Respondent’s clinic ‘‘directly after’’
being treated by a methadone clinic
PO 00000
Frm 00104
Fmt 4703
Sfmt 4703
17505
‘‘where the prescription of methadone
for pain is prohibited’’ and had been
diagnosed by Respondent as being
substance abusers. Id. at 44–45. The ALJ
also found that Respondent had violated
the limitation imposed under Federal
law and regulations which limit to 100,
the number of patients who can be
treated for substance abuse with
Suboxone. ALJ at 46–47 (citing 21
U.S.C. 823(g)(2)(B)(iii) and 21 CFR
1301.28(b)(1)(iii)).
Next, the ALJ found that Respondent
violated both Federal and State
regulations because his medical charts
‘‘fail[ed] to list the source and severity
of pain when chronic pain [wa]s the
diagnosis. ALJ at 47 (citing Ala. Admin.
Code 540–X–4.08; 21 CFR 1306.04(a)
and 1306.07(c)). The ALJ further found
that Respondent’s charts ‘‘fail[ed] to
record when medical examinations were
conducted and the specific results of
those examinations in support of
diagnoses,’’ and that ‘‘[i]n some
instances, patients actually reported that
no examination was conducted.’’ Id.
The ALJ also found that the ‘‘charts
failed to show the use of any treatment
options besides the prescribing of
controlled substances,’’ and that the
‘‘lack of attempts of alternative
treatment modalities prior to
determining that the patient suffers from
chronic pain violates 21 CFR
1306.07(c).’’ Id.
The ALJ further found that
Respondent had post-dated
prescriptions for schedule II controlled
substances in violation of Federal
regulations. Id. at 47–48 (citing 21 CFR
1306.05(a) and 1306.12(b)). In addition,
the ALJ found that Respondent had
admitted to having issued a controlled
substance prescription after he was
served with the Immediate Suspension
Order. Id. at 48. The ALJ then found that
‘‘Respondent testified, and the record
contains no expert evidence to the
contrary, that his treatment of his
patients met the standard of care.’’ Id.
However, based on Respondent’s
improper use of his data-waiver number
on prescriptions, his unauthorized
prescribing of methadone for
maintenance and detoxification
purposes, his incomplete records, his
failure to recommend any treatment
options for his chronic pain patients
besides the prescribing of controlled
substances, and his issuance of a
controlled substance prescription after
his registration was suspended, the ALJ
concluded that these factors supported
the revocation of his registration. Id.
With respect to factor five—such
other conduct which may threaten
public health or safety—the ALJ found
that Respondent lacked candor. More
E:\FR\FM\26MRN1.SGM
26MRN1
]]>Agencies
[Federal Register Volume 77, Number 58 (Monday, March 26, 2012)]
[Notices]
[Pages 17504-17505]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-7190]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms and Explosives
[OMB Number 1140-0071]
Agency Information Collection Activities: Proposed Collection;
Comments Requested: Notification to Fire Safety Authority of Storage of
Explosive Materials
ACTION: 60-Day Notice of Information Collection Under Review.
-----------------------------------------------------------------------
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 May 25, 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 William Miller, Chief, Explosives Industry
Programs Branch at eipb@atf.gov.
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.
Overview of This Information Collection
(1) Type of Information Collection: Extension of a currently
approved collection.
(2) Title of the Form/Collection: Notification to Fire Safety
Authority of Storage of Explosive Materials.
(3) Agency form number, if any, and the applicable component of the
Department of Justice sponsoring the collection: Form Number: None.
Bureau of Alcohol, Tobacco, Firearms and Explosives.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Business or other for-profit. Other:
Farms, State, Local, or Tribal Government, Individuals or households.
The information is necessary for the safety of emergency response
personnel responding to fires at sites where explosives are stored. The
information is provided both orally and in writing to the authority
having jurisdiction for fire safety in the locality in which explosives
are stored.
(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 1,025 respondents will take 30 minutes to complete the
notifications.
(6) An estimate of the total public burden (in hours) associated
with the collection: There are an estimated 513 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
[[Page 17505]]
Square, Room 2E-508, 145 N Street NE., Washington, DC 20530.
Jerri Murray,
Department Clearance Officer, PRA, United States Department of Justice.
[FR Doc. 2012-7190 Filed 3-23-12; 8:45 am]
BILLING CODE 4410-FY-P
