Agency Information Collection Activities; Submission for OMB Review; Comment Request; Gamma Radiation Surveys, 7815-7816 [2013-02397]
Download as PDF
mstockstill on DSK4VPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Notices
registration suspended, revoked or
denied by competent State authority’’);
Beverley P. Edwards, M.D., 75 FR 49,991
(DEA 2010); Joseph Baumstarck, M.D.,
74 FR 17,525 (DEA 2009).
In this case, the Respondent does not
dispute that he currently lacks state
authority to handle controlled
substances. However, the Respondent
argues that his current state medical
license suspension is temporary, as he
and the Florida Department of Health
are currently involved in settlement
negotiations in which he anticipates
that he will regain his Florida medical
license. [Respondent’s Response at 1–3].
Respondent argues that his DEA
registration should not be revoked
because he will soon likely regain his
state medical license in the state of
Florida. [Id. at 2–3]. However, the
Emergency Suspension from the Florida
Department of Health effectively
suspends the Respondent’s license to
practice medicine in the state of Florida.
Regardless of whether the Respondent
and the Florida Department of Health
eventually decide upon a settlement
agreement in which the Respondent’s
state license is reinstated, the
Respondent currently lacks the
necessary state authority to practice
medicine and handle controlled
substances in Florida. Consequently, his
DEA registration must be revoked. See
Joseph Baumstarck, M.D., 74 FR 17,525,
17,527 (DEA 2009) (stating that ‘‘a
practitioner may not maintain his DEA
registration if he lacks state authority to
handle controlled substances under the
laws of the state in which he
practices’’); Treasure Coast Specialty
Pharmacy, 76 FR 66,965 (DEA 2011);
Roy Chi Lung, M.D., 74 FR 20,346 (DEA
2009); Gabriel Sagun Orzame, M.D., 69
FR 58,959 (DEA 2004).
While the Respondent argues that his
state license may be reinstated in the
future, this possibility is immaterial in
light of the Respondent’s current lack of
state registration. Indeed, the CSA and
Agency precedent make clear that as a
prerequisite to registration the
Respondent must have state authority to
handle controlled substances, and that
without such authority all other issues
before this forum are moot. See 21
U.S.C. 802(21); 21 U.S.C. 823(f); Joseph
Baumstarck, M.D., 74 FR at 17,527 (DEA
2009). Thus, because there is no dispute
that the Respondent lacks state
authority to handle controlled
substances, the Respondent’s
registration must be revoked.
B. Respondent Is Entitled To Reapply
for Registration With the DEA
Any person who is required to register
with the DEA may apply for registration
VerDate Mar<15>2010
19:26 Feb 01, 2013
Jkt 229001
at any time. 21 CFR 1301.13(a) (2012)
(‘‘Any person who is required and who
is not registered may apply for
registration at any time. No person
required to be registered shall engage in
any activity for which registration is
required until the application for
registration is granted and a Certificate
of Registration is issued by the
Administrator to such person’’).
The Respondent is permitted to
reapply for a Certificate of Registration
with the DEA at any time in the future.
21 CFR 1301.13(a). However, the
Respondent will not be permitted to
engage in activity for which a
registration is required until his
application is granted by the DEA. Id.
III. Conclusion, Order, and
Recommendation
Consequently, there is no genuine
dispute of material fact regarding the
Respondent’s lack of state authority to
handle controlled substances. Thus,
summary disposition for the
Government is appropriate. It is well
settled that when there is no question of
material fact involved, there is no need
for a plenary, administrative hearing.
See Michael G. Dolin, M.D., 65 FR 5,661
(DEA 2000). Here, there is no genuine
dispute that the Respondent currently
lacks state authority to practice
medicine and to handle controlled
substances in Florida.
Accordingly, I hereby
grant the Government’s Motion for
Summary Disposition.
I also forward this case to the
Administrator for final disposition. I
recommend that the Respondent’s DEA
Certificate of Registration, Number
FT0896754, be revoked.2
Dated: September 25, 2012.
Gail A. Randall,
Administrative Law Judge.
[FR Doc. 2013–02232 Filed 2–1–13; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; Gamma
Radiation Surveys
ACTION:
Notice.
The Department of Labor
(DOL) is submitting the Mine Safety and
SUMMARY:
2 The sole basis of my recommendation is the loss
of Respondent’s state licensure. I make no findings
or conclusions concerning the other allegations
asserted in the Order to Show Cause.
PO 00000
Frm 00078
Fmt 4703
Sfmt 4703
7815
Health Administration (MSHA)
sponsored information collection
request (ICR) titled, ‘‘Gamma Radiation
Surveys,’’ 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
March 6, 2013.
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–MSHA, 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).
SUPPLEMENTARY INFORMATION:
Regulations 30 CFR 57.5047 requires a
covered mine operator to maintain a
record of cumulative individual gamma
radiation exposure to ensure that annual
exposure does not exceed five (5) Rems.
This requirement protects the health of
workers in mines with radioactive ores.
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
collection of information that 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 1219–0039. The current
approval is scheduled to expire on
February 28, 2013; however, it should
be noted that existing information
E:\FR\FM\04FEN1.SGM
04FEN1
mstockstill on DSK4VPTVN1PROD with NOTICES
7816
Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Notices
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 October 12, 2012 (77 FR
62267).
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 1219–
0039. 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–MSHA.
Title of Collection: Gamma Radiation
Surveys.
OMB Control Number: 1219–0039.
Affected Public: Private Sector—
businesses or other for-profits.
Total Estimated Number of
Respondents: 4.
Total Estimated Number of
Responses: 4.
Total Estimated Annual Burden
Hours: 8.
Total Estimated Annual Other Costs
Burden: $0.
Dated: January 29, 2013.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2013–02397 Filed 2–1–13; 8:45 am]
BILLING CODE 4510–43–P
VerDate Mar<15>2010
19:26 Feb 01, 2013
Jkt 229001
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Notice: (13–008)]
NASA Advisory Council; Aeronautics
Committee; Unmanned Aircraft
Systems Subcommittee Meeting
National Aeronautics and
Space Administration.
ACTION: Notice of meeting.
AGENCY:
In accordance with the
Federal Advisory Committee Act, Public
Law 92–463, as amended, the National
Aeronautics and Space Administration
announces a meeting of the Unmanned
Aircraft Systems (UAS) Subcommittee
of the Aeronautics Committee of the
NASA Advisory Council. The meeting
will be held for the purpose of
soliciting, from the aeronautics
community and other persons, research
and technical information relevant to
program planning.
DATES: Tuesday, February 26, 2013, 8:30
a.m. to 4:30 p.m., Local Time.
ADDRESSES: National Aeronautics and
Space Administration Headquarters,
Room 6E40B, 300 E Street SW.,
Washington, DC 20546.
FOR FURTHER INFORMATION CONTACT: Ms.
Brenda L. Mulac, Executive Secretary
for the UAS Subcommittee of the
Aeronautics Committee, National
Aeronautics and Space Administration
Headquarters, Washington, DC 20546,
(202) 358–1578, or
brenda.l.mulac@nasa.gov.
SUMMARY:
The
meeting will be open to the public up
to the capacity of the room. Any person
interested in participating in the
meeting by WebEx and telephone
should contact Ms. Brenda L. Mulac at
(202) 358–1578 for the web link, tollfree number and passcode. The agenda
for the meeting includes the following
topics:
• Overview of UAS Aviation
Rulemaking Committee Activities and
NASA’s UAS Project Involvement
• Overview of the NASA UAS Systems
Analysis
• Review of UAS in the National
Airspace System Project Integration of
Subprojects
• Development and review of 2013
Work Plan
It is imperative that these meetings be
held on this date to accommodate the
scheduling priorities of the key
participants. Attendees will be
requested to comply with NASA
security requirements, including the
presentation of a valid picture ID, before
receiving an access badge. U.S. citizens
will need to show a valid, officiallyissued picture identification such as
driver’s license to enter the NASA
Headquarters building (West Lobby—
Visitor Control Center) and must state
that they are attending the NASA
Advisory Council Aeronautics
Committee UAS Subcommittee meeting
in conference room 6B42 before
receiving an access badge. All non-U.S.
citizens must fax a copy of their
passport, and print or type their name,
current address, citizenship, company
affiliation (if applicable) to include
address, telephone number, and their
title, place of birth, date of birth, U.S.
visa information to include type,
number, and expiration date, U.S. Social
Security Number (if applicable),
Permanent Resident green card number
and expiration date (if applicable), and
place and date of entry into the U.S., to
Ms Brenda L. Mulac, NASA Advisory
Council Aeronautics Committee UAS
Subcommittee Executive Secretary, fax
202–358–3602, by no less than 8
working days prior to the meeting. NonU.S. citizens will need to show their
Passport or Permanent Resident green
card to enter the NASA Headquarters
building. For questions, please call Ms
Brenda L. Mulac at (202) 358–1578.
Patricia D. Rausch,
Advisory Committee Management Officer,
National Aeronautics and Space
Administration.
[FR Doc. 2013–02331 Filed 2–1–13; 8:45 am]
BILLING CODE 7510–13–P
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
NUCLEAR REGULATORY
COMMISSION
[NRC–2013–0021]
Quality Assurance Program
Requirements (Operations)
Nuclear Regulatory
Commission.
ACTION: Draft regulatory guide; request
for comment.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing for public
comment draft regulatory guide (DG),
DG–1300, ‘‘Quality Assurance Program
Requirements (Operations).’’
DATES: Submit comments by April 1,
2013. Comments received after this date
will be considered if it is practical to do
so, but the NRC is able to ensure
consideration only for comments
received on or before this date.
Although a time limit is given,
comments and suggestions in
connection with items for inclusion in
guides currently being developed or
SUMMARY:
E:\FR\FM\04FEN1.SGM
04FEN1
Agencies
[Federal Register Volume 78, Number 23 (Monday, February 4, 2013)]
[Notices]
[Pages 7815-7816]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02397]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection Activities; Submission for OMB
Review; Comment Request; Gamma Radiation Surveys
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor (DOL) is submitting the Mine Safety
and Health Administration (MSHA) sponsored information collection
request (ICR) titled, ``Gamma Radiation Surveys,'' 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 March 6, 2013.
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-MSHA, 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).
SUPPLEMENTARY INFORMATION: Regulations 30 CFR 57.5047 requires a
covered mine operator to maintain a record of cumulative individual
gamma radiation exposure to ensure that annual exposure does not exceed
five (5) Rems. This requirement protects the health of workers in mines
with radioactive ores.
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 collection of information that
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 1219-0039. The current approval is scheduled to
expire on February 28, 2013; however, it should be noted that existing
information
[[Page 7816]]
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 October 12,
2012 (77 FR 62267).
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 1219-0039.
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-MSHA.
Title of Collection: Gamma Radiation Surveys.
OMB Control Number: 1219-0039.
Affected Public: Private Sector--businesses or other for-profits.
Total Estimated Number of Respondents: 4.
Total Estimated Number of Responses: 4.
Total Estimated Annual Burden Hours: 8.
Total Estimated Annual Other Costs Burden: $0.
Dated: January 29, 2013.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2013-02397 Filed 2-1-13; 8:45 am]
BILLING CODE 4510-43-P