Agency Information Collection Activities; Submission for OMB Review; Comment Request; Representative Payee Report, Representative Payee Report Short Form, and Physician's/Medical Officer's Statement, 61655-61656 [2014-24278]

Download as PDF Federal Register / Vol. 79, No. 198 / Tuesday, October 14, 2014 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES Appx. 826, 828 (4th Cir. June 6, 2012) (unpublished). This rule derives from the text of two provisions of the CSA. First, Congress defined ‘‘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). Second, in setting the requirements for obtaining a practitioner’s registration, Congress directed that ‘‘[t]he Attorney General shall register practitioners . . . if the applicant is authorized to dispense . . . controlled substances under the laws of the State in which he practices.’’ 21 U.S.C. 823(f) (emphasis added). Because Congress has clearly mandated that a practitioner possess state authority in order to be deemed a practitioner under the Act, DEA has held repeatedly that revocation of a practitioner’s registration is the appropriate sanction if the practitioner is no longer authorized to dispense controlled substances under the laws of the State in which he practices medicine.5 See, e.g., Calvin Ramsey, 76 FR 20034, 20036 (2011); Sheran Arden Yeates, M.D., 71 FR 39130, 39131 (2006); Dominick A. Ricci, 58 FR 51104, 51105 (1993); Bobby Watts, 53 FR 11919, 11920 (1988). It is of no consequence that Respondent has sought judicial review of the Board’s decision. See Ramsey, 76 FR at 20036 (citing Michael G. Dolin, 65 FR 5661, 5662 (2000)). Under the CSA, all that matters is that Respondent is no longer 5 It is unclear from the Board’s order whether Respondent offered any evidence in the State proceeding that he acknowledges his misconduct and has undertaken remedial measures to prevent its recurrence, and given the outcome of the proceeding and the absence of any discussion in the Order, it seems unlikely that he did. Indeed, while in the DEA proceeding, Respondent faced similar allegations of unlawful prescribing, he declined to testify and offered no evidence at all. See R.D. at 61–62. While under this Agency’s precedents, evidence that a practitioner acknowledges his misconduct and has undertaken remedial measures may refute the Government’s prima facie case when it seeks the revocation of a practitioner’s registration on public interest grounds, it is unnecessary to determine whether Respondent offered such evidence in the board proceeding. This is so because Respondent’s loss of his state authority provides a separate and independent ground for revoking his registration. And because under the CSA, possessing authority under state law to dispense controlled substances is a mandatory requirement for obtaining and maintaining a DEA practitioner’s registration, it does not matter whether Respondent offered such evidence in the state board proceeding. VerDate Sep<11>2014 16:59 Oct 10, 2014 Jkt 235001 currently authorized to dispense controlled substances in Louisiana. Id. Here, the Louisiana Board has suspended Respondent’s medical license for at least two years, and even in the event the Board reinstates his license, he will be prohibited from prescribing controlled substances for at least five years from the date of reinstatement. Accordingly, I conclude that Registrant is without authority under Louisiana law to handle controlled substances in the State in which he holds his DEA registration. Because Respondent no longer meets the CSA’s requirement that he be currently authorized to dispense controlled substances in the State in which he holds his registration, I will order that his registration be revoked. See Craig Bammer, 73 FR 34327, 34329 (2008); Richard Carino, M.D., 72 FR 71955, 71956 (2007) (citing cases). Order Pursuant to the authority vested in me by 21 U.S.C. 823(f) and 824(a)(3) & (4), as well as 28 CFR 0.100(b) and 0.104, I order that DEA Certificate of Registration BA5142308, issued to Fiaz Afzal, M.D., be, and it hereby is, revoked. I further order that any application of Fiaz Afzal, M.D., to renew or modify his registration, be, and it hereby is, denied. This Order is effectively immediately.6 Dated: October 2, 2014. Thomas M. Harrigan, Deputy Administrator. [FR Doc. 2014–24373 Filed 10–10–14; 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; Representative Payee Report, Representative Payee Report Short Form, and Physician’s/Medical Officer’s Statement ACTION: The Department of Labor (DOL) is submitting the Office of Workers’ Compensation Programs (OWCP) sponsored information collection request (ICR) revision titled, ‘‘Representative Payee Report, Representative Payee Report Short 6 Based on the extensive and egregious nature of the misconduct proved by the Government, I conclude that the public interest necessitates that this Order be effectively immediately. 21 CFR 1316.67. Frm 00060 Fmt 4703 Form, and Physician’s/Medical Officer’s Statement,’’ to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.). Public comments on the ICR are invited. DATES: The OMB will consider all written comments that agency receives on or before November 13, 2014. 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 free of charge from the RegInfo.gov Web site at https://www. reginfo.gov/public/do/PRAViewICR ?ref_nbr=201405-1240-004 (this link will only become active on the day following publication of this notice) or by contacting Michel Smyth by telephone at 202–693–4129, TTY 202– 693–8064, (these are not toll-free numbers) or sending an email to DOL_ PRA_PUBLIC@dol.gov. Submit comments about this request by mail or courier to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL– OWCP, Office of Management and Budget, Room 10235, 725 17th Street NW., Washington, DC 20503; by Fax: 202–395–5806 (this is not a toll-free number); or by email: OIRA_submission@omb.eop.gov. Commenters are encouraged, but not required, to send a courtesy copy of any comments by mail or courier to the U.S. Department of Labor-OASAM, Office of the Chief Information Officer, Attn: Departmental Information Compliance Management Program, Room N1301, 200 Constitution Avenue NW., Washington, DC 20210; or by email: DOL_PRA_PUBLIC@dol.gov. FOR FURTHER INFORMATION CONTACT: Contact Michel Smyth by telephone at 202–693–4129, TTY 202–693–8064, (these are not toll-free numbers) or sending an email to DOL_PRA_PUBLIC@dol.gov. Authority: 44 U.S.C. 3507(a)(1)(D). Notice. SUMMARY: PO 00000 61655 Sfmt 4703 This ICR seeks approval under the PRA for revisions to the Representative Payee Report, Representative Payee Report Short Form, and Physician’s/Medical Officer’s Statement information collection. Benefits due a DOL black lung beneficiary may be paid to a representative payee on behalf of the beneficiary when he or she is unable to manage the benefits due to incapability or incompetence or because the beneficiary is a minor. The SUPPLEMENTARY INFORMATION: E:\FR\FM\14OCN1.SGM 14OCN1 61656 Federal Register / Vol. 79, No. 198 / Tuesday, October 14, 2014 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES Representative Payee Report (Form CM– 623) and Representative Payee Report Short Form (Form CM–623S) are used to ensure that benefits paid to a representative payee are used for the beneficiary’s well-being. The Physician’s/Medical Officer’s Statement (Form CM–787) is used to determine the beneficiary’s capability to manage monthly black lung benefits. While not expected to affect respondent burden, this ICR has been classified as a revision because of minor clarifications that should help claimants better understand what information to provide on the forms. The Black Lung Benefits Act authorizes this information collection. See 30 U.S.C. 921, 922. 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 1240–0020. The current approval is scheduled to expire on October 31, 2014; however, the DOL notes that existing information collection requirements submitted to the OMB receive a month-to-month extension while they undergo review. New requirements would only take effect upon OMB approval. For additional substantive information about this ICR, see the related notice published in the Federal Register on May 21, 2014 (79 FR 29219). 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 thirty (30) days of publication of this notice in the Federal Register. In order to help ensure VerDate Sep<11>2014 16:59 Oct 10, 2014 Jkt 235001 appropriate consideration, comments should mention OMB Control Number 1240–0020. 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–OWCP Title of Collection: Representative Payee Report, Representative Payee Report Short Form, and Physician’s/ Medical Officer’s Statement. OMB Control Number: 1240–0020. Affected Public: Individuals or households and private sector— businesses or other for-profits and notfor profit institutions. Total Estimated Number of Respondents: 2,100. Total Estimated Number of Responses: 2,100. Total Estimated Annual Time Burden: 1,642 hours. Total Estimated Annual Other Costs Burden: $0 DEPARTMENT OF LABOR Dated: October 6, 2014. Michel Smyth, Departmental Clearance Officer. Signed at Washington, DC this 25th day of September 2014. Michael W. Jaffe, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2014–24278 Filed 10–10–14; 8:45 am] BILLING CODE 4510–CK–P PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 Employment and Training Administration Investigations Regarding Eligibility To Apply for Worker Adjustment Assistance Petitions have been filed with the Secretary of Labor under Section 221(a) of the Trade Act of 1974 (‘‘the Act’’) and are identified in the Appendix to this notice. Upon receipt of these petitions, the Director of the Office of Trade Adjustment Assistance, Employment and Training Administration, has instituted investigations pursuant to Section 221(a) of the Act. The purpose of each of the investigations is to determine whether the workers are eligible to apply for adjustment assistance under Title II, Chapter 2, of the Act. The investigations will further relate, as appropriate, to the determination of the date on which total or partial separations began or threatened to begin and the subdivision of the firm involved. The petitioners or any other persons showing a substantial interest in the subject matter of the investigations may request a public hearing, provided such request is filed in writing with the Director, Office of Trade Adjustment Assistance, at the address shown below, not later than October 24, 2014. Interested persons are invited to submit written comments regarding the subject matter of the investigations to the Director, Office of Trade Adjustment Assistance, at the address shown below, not later than October 24, 2014. The petitions filed in this case are available for inspection at the Office of the Director, Office of Trade Adjustment Assistance, Employment and Training Administration, U.S. Department of Labor, Room N–5428, 200 Constitution Avenue NW., Washington, DC 20210. E:\FR\FM\14OCN1.SGM 14OCN1

Agencies

[Federal Register Volume 79, Number 198 (Tuesday, October 14, 2014)]
[Notices]
[Pages 61655-61656]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24278]


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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Representative Payee Report, Representative 
Payee Report Short Form, and Physician's/Medical Officer's Statement

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Department of Labor (DOL) is submitting the Office of 
Workers' Compensation Programs (OWCP) sponsored information collection 
request (ICR) revision titled, ``Representative Payee Report, 
Representative Payee Report Short Form, and Physician's/Medical 
Officer's Statement,'' to the Office of Management and Budget (OMB) for 
review and approval for use in accordance with the Paperwork Reduction 
Act (PRA) of 1995 (44 U.S.C. 3501 et seq.). Public comments on the ICR 
are invited.

DATES: The OMB will consider all written comments that agency receives 
on or before November 13, 2014.

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 free of charge 
from the RegInfo.gov Web site at https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201405-1240-004 (this link will only become active 
on the day following publication of this notice) or by contacting 
Michel Smyth by telephone at 202-693-4129, TTY 202-693-8064, (these are 
not toll-free numbers) or sending an email to DOL_PRA_PUBLIC@dol.gov.
    Submit comments about this request by mail or courier to the Office 
of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-
OWCP, Office of Management and Budget, Room 10235, 725 17th Street NW., 
Washington, DC 20503; by Fax: 202-395-5806 (this is not a toll-free 
number); or by email: OIRA_submission@omb.eop.gov. Commenters are 
encouraged, but not required, to send a courtesy copy of any comments 
by mail or courier to the U.S. Department of Labor-OASAM, Office of the 
Chief Information Officer, Attn: Departmental Information Compliance 
Management Program, Room N1301, 200 Constitution Avenue NW., 
Washington, DC 20210; or by email: DOL_PRA_PUBLIC@dol.gov.

FOR FURTHER INFORMATION CONTACT: Contact Michel Smyth by telephone at 
202-693-4129, TTY 202-693-8064, (these are not toll-free numbers) or 
sending an email to DOL_PRA_PUBLIC@dol.gov.

    Authority: 44 U.S.C. 3507(a)(1)(D).


SUPPLEMENTARY INFORMATION: This ICR seeks approval under the PRA for 
revisions to the Representative Payee Report, Representative Payee 
Report Short Form, and Physician's/Medical Officer's Statement 
information collection. Benefits due a DOL black lung beneficiary may 
be paid to a representative payee on behalf of the beneficiary when he 
or she is unable to manage the benefits due to incapability or 
incompetence or because the beneficiary is a minor. The

[[Page 61656]]

Representative Payee Report (Form CM-623) and Representative Payee 
Report Short Form (Form CM-623S) are used to ensure that benefits paid 
to a representative payee are used for the beneficiary's well-being. 
The Physician's/Medical Officer's Statement (Form CM-787) is used to 
determine the beneficiary's capability to manage monthly black lung 
benefits. While not expected to affect respondent burden, this ICR has 
been classified as a revision because of minor clarifications that 
should help claimants better understand what information to provide on 
the forms. The Black Lung Benefits Act authorizes this information 
collection. See 30 U.S.C. 921, 922.
    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 1240-0020. The current approval is scheduled to 
expire on October 31, 2014; however, the DOL notes that existing 
information collection requirements submitted to the OMB receive a 
month-to-month extension while they undergo review. New requirements 
would only take effect upon OMB approval. For additional substantive 
information about this ICR, see the related notice published in the 
Federal Register on May 21, 2014 (79 FR 29219).
    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 thirty (30) days of publication of this 
notice in the Federal Register. In order to help ensure appropriate 
consideration, comments should mention OMB Control Number 1240-0020. 
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-OWCP
    Title of Collection: Representative Payee Report, Representative 
Payee Report Short Form, and Physician's/Medical Officer's Statement.
    OMB Control Number: 1240-0020.
    Affected Public: Individuals or households and private sector--
businesses or other for-profits and not-for profit institutions.
    Total Estimated Number of Respondents: 2,100.
    Total Estimated Number of Responses: 2,100.
    Total Estimated Annual Time Burden: 1,642 hours.
    Total Estimated Annual Other Costs Burden: $0

    Dated: October 6, 2014.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2014-24278 Filed 10-10-14; 8:45 am]
BILLING CODE 4510-CK-P

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