Agency Information Collection Activities: Proposed Collection; Comment Request; National Youth Gang Survey, 57154-57155 [2012-22729]
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Federal Register / Vol. 77, No. 180 / Monday, September 17, 2012 / Notices
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public interest.31 And here, too, it is
appropriate to draw an adverse
inference from Respondent’s failure to
testify. See MacKay, 664 F.3d at 820.
Contrary to the ALJ’s understanding,
the existence of a pending criminal
prosecution does not preclude the
Agency from drawing an adverse
inference from Respondent’s failure to
testify. See id. Indeed, as the Tenth
Circuit recognized in MacKay, ‘‘‘[n]ot
only is it permissible to conduct a civil
[administrative] proceeding at the same
time as a related criminal proceeding,
even if that necessitates invocation of
the Fifth Amendment privilege, but it is
even permissible for the trier of fact to
draw adverse inferences from the
invocation of the Fifth Amendment in a
civil [administrative] proceeding.’’’ Id.
(quoting Keating, 45 F.3d at 326). See
also Baxter, 425 U.S. at 318 (‘‘[T]he
Fifth Amendment does not forbid
adverse inferences against parties to
civil actions when they refuse to testify
in response to probative evidence
offered against them * * * .’’); Hoxie,
419 F.3d at 483. Moreover, ‘‘the Fifth
Amendment privilege is not ‘a sword
whereby a claimant asserting the
privilege [is] freed from adducing proof
in support of a burden which would
otherwise have been his.’’’ Grider Drug
#1 & Grider Drug #2, 77 FR 44069,
44104 (2012) (quoting United States v.
Rylander, 460 U.S. 752, 758 (1983)).
I therefore hold that Respondent has
failed to rebut the Government’s prima
facie case. Moreover, as the Supreme
Court explained in Gonzales, the core
purpose of the Act’s prescription
requirement is to prevent the diversion
of controlled substances to those who
seek the drugs for the purpose of
engaging in self-abuse or selling them to
others. See 546 U.S. at 274 (‘‘the
prescription requirement * * * ensures
patients use controlled substances
under the supervision of a doctor so as
to prevent addiction and recreational
abuse. As a corollary, [it] also bars
doctors from peddling to patients who
crave the drugs for those prohibited
uses.’’) (citing Moore, 423 U.S. at 135 &
143).32
31 Respondent did not even put on evidence that
Mr. Gomez, who clearly falsified the urine drug
screens of two of the undercovers to show they
were taking drugs when they were not, had been
fired.
32 See Jayam Krishna-Iyer, 74 FR at 463 (quoting
National Center on Addiction and Substance Abuse,
Under the Counter: The Diversion and Abuse of
Controlled Prescription Drugs in the U.S. 3 (2005)
[hereinafter, Under the Counter]). As noted in
Krishna-Iyer, ‘‘[t]he diversion of controlled
substances has become an increasingly grave threat
to this nation’s public health and safety. According
to The National Center on Addiction and Substance
Abuse (CASA), ‘[t]he number of people who admit
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As I have previously explained, the
Agency has revoked other practitioners’
registrations for committing as few as
two acts of diversion, see Krishna-Iyer,
74 FR at 463 (citing Alan H. Olefsky, 57
FR at 928–29), and the Agency can
revoke based on a single act of
intentional or knowing diversion. See
MacKay, 75 FR at 49977. Because
Respondent’s misconduct in diverting
controlled substances is egregious and
he has failed to accept responsibility for
his misconduct and demonstrate why he
can be entrusted with a registration, I
conclude that his continued registration
is inconsistent with the public interest.
21 U.S.C. 824(a)(4). Accordingly, I will
order that Respondent’s registration be
revoked and that any pending
application be denied.
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), I order that DEA
Certificate of Registration FM0624139,
issued to T.J. McNichol, M.D., be, and
it hereby is, revoked. I further order that
any application of T.J. McNichol, M.D.,
to renew or modify his registration, be,
and it hereby is, denied. This Order is
effectively immediately.33
Dated: August 29, 2012.
Michele M. Leonhart,
Administrator.
[FR Doc. 2012–22850 Filed 9–14–12; 8:45 am]
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abusing controlled prescription drugs increased
from 7.8 million in 1992 to 15.1 million in 2003.’’’
74 FR at 463 (quoting Under the Counter, at 3).
CASA also found that ‘‘‘[a]pproximately six percent
of the U.S. population (15.1 million people)
admitted abusing controlled prescription drugs in
2003, 23 percent more than the combined number
abusing cocaine (5.9 million), hallucinogens (4.0
million), inhalants (2.1 million) and heroin
(328,000).’’’ Id. (quoting Under the Counter, at 3).
Finally, CASA found that ‘‘‘[b]etween 1992 and
2003, there has been a * * * 140.5 percent increase
in the self-reported abuse of prescription opioids,’’
and in the same period, the ‘‘abuse of controlled
prescription drugs has been growing at a rate twice
that of marijuana abuse, five times greater than
cocaine abuse and 60 times greater than heroin
abuse.’’ Id. (quoting Under the Counter, at 4).
33 For the same reasons which led me to order the
immediate suspension of Respondent’s registration,
I conclude that the public interest necessitates that
this Order be effective immediately. 21 CFR 1316.67
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DEPARTMENT OF JUSTICE
Office of Justice Programs
[OMB Number 1121–0224]
Agency Information Collection
Activities: Proposed Collection;
Comment Request; National Youth
Gang Survey
60-Day notice of information
collection under review.
ACTION:
The U.S. Department of Justice, Office
of Justice Programs, Office of Juvenile
Justice and Delinquency Prevention,
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 ‘‘60
days’’ until November 16, 2012. This
process is conducted in accordance with
5 CFR 1320.10.
If you have additional comments,
especially on the estimated public
burden or associated reponse time, or
suggestions, or need a copy of the
proposed information collection
instrument with instructions or
additional information, please contact
Mr. Dennis Mondoro, (202) 514–3913,
Office of Juvenile Justice and
Delinquency Prevention, Office of
Justice Programs, U.S. Department of
Justice, 810 Seventh Street NW.,
Washington, DC 20531. 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
function 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.
• 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;
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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:
National Youth Gang Survey.
3. Agency form number, if any, and
the applicable component of the U.S.
Department of Justice sponsoring the
collection: Office of Juvenile Justice and
Delinquency Prevention, Office of
Justice Programs, United States
Department of Justice.
4. Affected public who will be asked
or required to respond, as well as a brief
abstract:
Primary: Local, state, or tribal law
enforcement agencies.
Other: None.
Abstract: This collection will gather
information related to youth and their
activities for research and assessment
purposes.
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 2,100
respondents will take ten minutes each
to complete the survey.
6. An estimate of the total public
burden (in hours) associated with the
collection: There are an estimated 425
total annual burden hours associated
with this collection.
If additional information is required,
contact Jerri Murray, Department
Clearance Officer, United States
Department of Justice, Justice
Management Division, Policy and
Planning Staff, Two Constitution
Square, 145 N Street NE., Room 2E–508,
Washington, DC 20530.
Dated: September 11, 2012.
Jerri Murray,
Department Clearance Officer, United States
Department of Justice.
[FR Doc. 2012–22729 Filed 9–14–12; 8:45 am]
BILLING CODE 4410–18–P
DEPARTMENT OF LABOR
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Office of the Secretary
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request: Weekly
Claims and Extended Benefits Data
and Weekly Initial and Continued
Weeks Claimed
ACTION:
Notice.
The Department of Labor
(DOL) is submitting the Employment
SUMMARY:
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and Training Administration (ETA)
sponsored information collection
request (ICR) titled, ‘‘Weekly Claims and
Extended Benefits Data and Weekly
Initial and Continued Weeks Claimed,’’
to the Office of Management and Budget
(OMB) for review and approval for
continued use in accordance with the
Paperwork Reduction Act (PRA) of 1995
(44 U.S.C. 3501 et seq.).
DATES: Submit comments on or before
October 17, 2012.
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 email
to DOL_PRA_PUBLIC@dol.gov.
Submit comments about this request
to the Office of Information and
Regulatory Affairs, Attn: OMB Desk
Officer for DOL–ETA, Office of
Management and Budget, Room 10235,
725 17th Street NW., Washington, DC
20503, Fax: 202–395–6881 (this is not a
toll-free number), email: OIRA_
submission@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT:
Michel Smyth by telephone at 202–693–
4129 (this is not a toll-free number) or
by email at DOL_PRA_PUBLIC@dol.gov.
Authority: 44 U.S.C. 3507(a)(1)(D).
Forms
ETA–538 and ETA–539 are
computerized weekly reports that
contain information on initial
Unemployment Insurance claims and
continued weeks claimed. These figures
are important economic indicators.
Form ETA–538 provides information
allowing release of national
unemployment claims information to
the public five days after the close of the
reference period. Form ETA–539
contains more detailed weekly claims
information and the State’s 13-week
insured unemployment rate that is used
to determine eligibility for the Extended
Benefits program.
This information collection is subject
to the PRA. A Federal agency generally
cannot conduct or sponsor a collection
of information, and the public is
generally not required to respond to an
information collection, unless it is
approved by the OMB under the PRA
and displays a currently valid OMB
Control Number. In addition,
notwithstanding any other provisions of
law, no person shall generally be subject
to penalty for failing to comply with a
SUPPLEMENTARY INFORMATION:
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57155
collection of information if the
collection of information does not
display a valid Control Number. See 5
CFR 1320.5(a) and 1320.6. The DOL
obtains OMB approval for this
information collection under Control
Number 1205–0028. The current
approval is scheduled to expire on
September 30, 2012; however, it should
be noted that existing information
collection requirements submitted to the
OMB receive a month-to-month
extension while they undergo review.
For additional information, see the
related notice published in the Federal
Register on June 12, 2012 (77 FR 35060).
Interested parties are encouraged to
send comments to the OMB, Office of
Information and Regulatory Affairs at
the address shown in the ADDRESSES
section within 30 days of publication of
this notice in the Federal Register. In
order to help ensure appropriate
consideration, comments should
mention OMB Control Number 1205–
0028. The OMB is particularly
interested in comments that:
• 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.
Agency: DOL–ETA.
Title of Collection: Weekly Claims and
Extended Benefits Data and Weekly
Initial and Continued Weeks Claimed.
OMB Control Number: 1205–0028.
Affected Public: State, Local, and
Tribal Governments.
Total Estimated Number of
Respondents: 53.
Total Estimated Number of
Responses: 5,512.
Total Estimated Annual Burden
Hours: 3,675.
Total Estimated Annual Other Costs
Burden: $0.
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]]>Agencies
[Federal Register Volume 77, Number 180 (Monday, September 17, 2012)]
[Notices]
[Pages 57154-57155]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22729]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Office of Justice Programs
[OMB Number 1121-0224]
Agency Information Collection Activities: Proposed Collection;
Comment Request; National Youth Gang Survey
ACTION: 60-Day notice of information collection under review.
-----------------------------------------------------------------------
The U.S. Department of Justice, Office of Justice Programs, Office
of Juvenile Justice and Delinquency Prevention, 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 ``60 days'' until
November 16, 2012. This process is conducted in accordance with 5 CFR
1320.10.
If you have additional comments, especially on the estimated public
burden or associated reponse time, or suggestions, or need a copy of
the proposed information collection instrument with instructions or
additional information, please contact Mr. Dennis Mondoro, (202) 514-
3913, Office of Juvenile Justice and Delinquency Prevention, Office of
Justice Programs, U.S. Department of Justice, 810 Seventh Street NW.,
Washington, DC 20531. 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 function 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.
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;
[[Page 57155]]
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: National Youth Gang Survey.
3. Agency form number, if any, and the applicable component of the
U.S. Department of Justice sponsoring the collection: Office of
Juvenile Justice and Delinquency Prevention, Office of Justice
Programs, United States Department of Justice.
4. Affected public who will be asked or required to respond, as
well as a brief abstract:
Primary: Local, state, or tribal law enforcement agencies.
Other: None.
Abstract: This collection will gather information related to youth
and their activities for research and assessment purposes.
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 2,100 respondents will take ten minutes each to complete the
survey.
6. An estimate of the total public burden (in hours) associated
with the collection: There are an estimated 425 total annual burden
hours associated with this collection.
If additional information is required, contact Jerri Murray,
Department Clearance Officer, United States Department of Justice,
Justice Management Division, Policy and Planning Staff, Two
Constitution Square, 145 N Street NE., Room 2E-508, Washington, DC
20530.
Dated: September 11, 2012.
Jerri Murray,
Department Clearance Officer, United States Department of Justice.
[FR Doc. 2012-22729 Filed 9-14-12; 8:45 am]
BILLING CODE 4410-18-P
