Agency Information Collection Activities; Proposed eCollection, eComments Requested; Extension Without Change of a Previously Approved Collection; Collection of Laboratory Analysis Data on Drug Samples Tested by Non-Federal (State and Local Government) Crime Laboratories, 73834-73835 [2015-29980]
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Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices
represents that since the date of service,
neither Registrant, nor any person
purporting to represent him, has
requested a hearing or submitted a
written statement while waiving his
right to a hearing. See Govt. Req. for
Final Agency Action, at 3–4. Because
more than thirty (30) days have now
passed since the date of service of the
Show Cause Order and Registrant has
neither requested a hearing nor
submitted a written statement in lieu of
a hearing, I find that he has waived his
right to either request a hearing or to
submit a written statement. 21 CFR
1301.43(d). I therefore issue this
Decision and Final Order based on the
record submitted by the Government. Id.
§ 1301.43(e). I make the following
findings.
tkelley on DSK3SPTVN1PROD with NOTICES
Findings
Registrant is the holder of DEA
Certificate of Registration AM1585770,
pursuant to which he is authorized to
dispense controlled substances in
schedules II–V as a practitioner, at the
registered address of 1206 E. 9th St.,
Suite 210, Lockport, Illinois. GX 2. His
registration does not expire until
January 31, 2018. Id.
On March 5, 2015, the Illinois
Department of Financial and
Professional Regulation, Division of
Professional Regulation, ordered the
suspension of Respondent’s Illinois
Physician and Surgeon License, as well
as his state Controlled Substance
Licenses, pending proceedings before
the Department of Financial and
Professional Regulation and the Medical
Disciplinary Board of the State. GX 4 at
1. I take official notice that as of this
date, the public Web site maintained by
the Illinois Department of Financial and
Professional Regulation shows that
Registrant’s Physician and Surgeon
License as well as his Illinois Controlled
Substance Licenses remain suspended
based on the State’s allegations that he
engaged in ‘‘unprofessional conduct,
aid[ed] and abet[ed] [the] unlicensed
practice of medicine and [committed]
multiple violations of the Controlled
Substance Act.’’ 1 See https://
ilesonline.idfpr.illinois.gov/DPR/
Lookup/LicenseLookup.aspx.
Discussion
Pursuant to 21 U.S.C. 824(a)(3), the
Attorney General is authorized to
suspend or revoke a registration issued
under section 823, ‘‘upon a finding that
1 Under the Administrative Procedure Act (APA),
an agency ‘‘may take official notice of facts at any
stage in a proceeding—even in the final decision.’’
U.S. Dept. of Justice, Attorney General’s Manual on
the Administrative Procedure Act 80 (1947) (Wm.
W. Gaunt & Sons, Inc., Reprint 1979).
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19:15 Nov 24, 2015
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the registrant . . . has had his State
license or registration suspended [or]
revoked . . . by competent State
authority and is no longer authorized by
State law to engage in the . . .
dispensing of controlled substances.’’
Moreover, DEA has repeatedly held that
the possession of authority to dispense
controlled substances under the laws of
the State in which a practitioner engages
in professional practice is a
fundamental condition for obtaining
and maintaining a practitioner’s
registration. See James L. Hooper, 76 FR
71371 (2011), pet. for rev. denied, 481
Fed. App’x 826 (4th Cir. 2012).
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 . . . to
dispense . . . controlled substances
. . . 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). Because
Congress has clearly mandated that a
practitioner possess state authority in
order to be deemed a practitioner under
the Act, DEA has long held that the
revocation of a practitioner’s registration
is the appropriate sanction whenever he
is no longer authorized to dispense
controlled substances under the laws of
the State in which he practices
medicine. 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).
This is so even where a state board
has suspended a practitioner’s authority
prior to providing the practitioner with
a hearing to contest the board’s
allegations. See Gary Alfred Shearer, 78
FR 19009 (2013) (holding that
revocation is warranted even where a
state order has summarily suspended a
practitioner’s controlled substances
authority and the state agency’s order
remains subject to challenge in either
administrative or judicial proceedings);
see also Bourne Pharmacy, Inc., 72 FR
18273, 18274 (2007); Winfield Drugs,
Inc., 52 FR 27070 (1987). Accordingly,
consistent with agency precedent, the
revocation of Registrant’s registration is
warranted.
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Fmt 4703
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Because Registrant currently lacks
authority to dispense controlled
substances in Illinois, the State in which
he holds his DEA registration, I will
order that his registration be revoked
and that any pending applications be
denied.
Order
Pursuant to the authority vested in me
by 21 U.S.C. 823(f) and 824(a), as well
as 21 CFR 0.100(b), I order that DEA
Certificate of Registration AM1585770,
issued to William Mikaitis, M.D., be,
and it hereby is, revoked. I further order
that any pending application of William
Mikaitis, M.D., to renew or modify his
registration, as well as any other
pending application of William
Mikaitis, M.D., for a DEA Certificate of
Registration, be, and it hereby is,
denied. This Order is effective
immediately.2
Dated: November 17, 2015
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2015–29935 Filed 11–24–15; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
[OMB Number 1117–0034]
Agency Information Collection
Activities; Proposed eCollection,
eComments Requested; Extension
Without Change of a Previously
Approved Collection; Collection of
Laboratory Analysis Data on Drug
Samples Tested by Non-Federal (State
and Local Government) Crime
Laboratories
Drug Enforcement
Administration, Department of Justice.
ACTION: 60-day Notice.
AGENCY:
The Department of Justice
(DOJ), Drug Enforcement
Administration (DEA), 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.
DATES: Comments are encouraged and
will be accepted for 60 days until
January 25, 2016.
FOR FURTHER INFORMATION CONTACT: If
you have comments on the estimated
public burden or associated response
time, suggestions, or need a copy of the
proposed information collection
SUMMARY:
2 Based on the State’s finding ‘‘that Respondent’s
actions constitute an immediate danger to the
public,’’ I conclude that the public interest
necessitates that this Order be effective
immediately. 21 CFR 1316.67.
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Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES
instrument with instructions or
additional information, please contact
Barbara J. Boockholdt, Office of
Diversion Control, Drug Enforcement
Administration; Mailing Address: 8701
Morrissette Drive, Springfield, Virginia
22152; Telephone: (202) 598–6812.
SUPPLEMENTARY INFORMATION:
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;
—Evaluate whether and if so how the
quality, utility, and clarity of the
information proposed to be collected
can be enhanced; 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 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:
Collection of Laboratory Analysis Data
on Drug Samples Tested by Non-Federal
(State and Local Government) Crime
Laboratories.
3. The agency form number, if any,
and the applicable component of the
Department sponsoring the collection:
There are no applicable forms
associated with this collection. The
applicable component within the
Department of Justice is the Drug
Enforcement Administration, Office of
Diversion Control.
4. Affected public who will be asked
or required to respond, as well as a brief
abstract:
Affected public (Primary): Business or
other for-profit.
Affected public (Other): Not-for-profit
institutions; Federal, State, local, and
tribal governments.
Abstract: This collection provides the
Drug Enforcement Administration
(DEA) with a national database on
analyzed drug evidence from nonfederal laboratories. Information from
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19:15 Nov 24, 2015
Jkt 238001
this database is combined with the other
existing databases to develop more
accurate, up-to-date information on
abused drugs. This database represents
a voluntary, cooperative effort on the
part of participating laboratories to
provide a centralized source of analyzed
drug data.
5. An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: The DEA estimates that 140
persons annually for this collection at
1.6 hour per respondent, for an annual
burden of 218 hours.
6. An estimate of the total public
burden (in hours) associated with the
proposed collection: The DEA estimates
that this collection takes 218 annual
burden hours.
If additional information is required
please 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., Suite 3E.405B,
Washington, DC 20530.
Dated: November 20, 2015.
Jerri Murray,
Department Clearance Officer for PRA, U.S.
Department of Justice.
[FR Doc. 2015–29980 Filed 11–24–15; 8:45 am]
Under the proposed Settlement
Agreement, ATP agrees to a final civil
penalty judgment of $38 million for
multiple alleged violations of the Clean
Water Act. The penalty judgment will
be treated as an allowed unsecured
claim in ATP’s bankruptcy proceeding.
A prior settlement approved by the
district court in May 2015 resolved the
claims against ATP–IP and secured
penalties as well as OCSLA and CWA
injunctive relief related to the safe
future operation of the ATP Innovator in
U.S. waters.
The publication of this notice opens
a period for public comment on the
proposed Settlement Agreement.
Comments should be addressed to the
Assistant Attorney General,
Environment and Natural Resources
Division, and should refer to United
States v. ATP Oil & Gas Corp. et al.
(Civil Action No. 2:13-cv-0262), D.J. Ref.
No. 90–5–1–1–10681/1. All comments
must be submitted no later than thirty
(30) days after the publication date of
this notice. Comments may be
submitted either by email or by mail:
To submit
comments:
Send them to:
By e-mail ......
pubcomment-ees.enrd@
usdoj.gov.
Assistant Attorney General
U.S. DOJ–ENRD
P.O. Box 7611
Washington, D.C. 20044–
7611.
BILLING CODE 4410–09–P
By mail .........
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Settlement Agreement Under the Clean
Water Act
Notice is hereby given that, for a
period of 30 days, the United States will
receive public comments on a proposed
Settlement Agreement and Final
Judgment on Consent (‘‘Settlement
Agreement’’) in United States v. ATP
Oil & Gas Corp. et al. (Civil Action No.
2:13-cv-0262), which was lodged with
the United States District Court for the
Eastern District of Louisiana on
November 19, 2015.
The Complaint in this case was filed
against ATP Oil & Gas Corporation
(‘‘ATP’’) and ATP Infrastructure
Partners, LP (‘‘ATP–IP’’) in February
2013. The Complaint seeks civil
penalties and injunctive relief under the
Clean Water Act (‘‘CWA’’) and
injunctive relief under the Outer
Continental Shelf Lands Act (‘‘OCSLA’’)
related to unauthorized discharges of oil
and chemicals from an oil platform, the
ATP Innovator, into the Gulf of Mexico.
ATP is going through a Chapter 7
bankruptcy proceeding and is no longer
operating.
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Frm 00138
Fmt 4703
Sfmt 9990
73835
During the public comment period,
the proposed Settlement Agreement
may be examined and downloaded at
this Justice Department Web site:
https://www.justice.gov/enrd/consentdecrees. We will provide a paper copy
of the proposed Consent Decree upon
written request and payment of
reproduction costs. Please mail your
request and payment to: Consent Decree
Library,U.S. DOJ–ENRD,P.O. Box
7611,Washington, DC 20044–7611.
Please enclose a check or money order
for $3.75 (25 cents per page
reproduction cost) payable to the United
States Treasury.
Thomas P. Carroll,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2015–30053 Filed 11–24–15; 8:45 am]
BILLING CODE 4410–15–P
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]]>Agencies
[Federal Register Volume 80, Number 227 (Wednesday, November 25, 2015)]
[Notices]
[Pages 73834-73835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29980]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
[OMB Number 1117-0034]
Agency Information Collection Activities; Proposed eCollection,
eComments Requested; Extension Without Change of a Previously Approved
Collection; Collection of Laboratory Analysis Data on Drug Samples
Tested by Non-Federal (State and Local Government) Crime Laboratories
AGENCY: Drug Enforcement Administration, Department of Justice.
ACTION: 60-day Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Justice (DOJ), Drug Enforcement
Administration (DEA), 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.
DATES: Comments are encouraged and will be accepted for 60 days until
January 25, 2016.
FOR FURTHER INFORMATION CONTACT: If you have comments on the estimated
public burden or associated response time, suggestions, or need a copy
of the proposed information collection
[[Page 73835]]
instrument with instructions or additional information, please contact
Barbara J. Boockholdt, Office of Diversion Control, Drug Enforcement
Administration; Mailing Address: 8701 Morrissette Drive, Springfield,
Virginia 22152; Telephone: (202) 598-6812.
SUPPLEMENTARY INFORMATION:
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;
--Evaluate whether and if so how the quality, utility, and clarity of
the information proposed to be collected can be enhanced; 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 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: Collection of Laboratory Analysis
Data on Drug Samples Tested by Non-Federal (State and Local Government)
Crime Laboratories.
3. The agency form number, if any, and the applicable component of
the Department sponsoring the collection: There are no applicable forms
associated with this collection. The applicable component within the
Department of Justice is the Drug Enforcement Administration, Office of
Diversion Control.
4. Affected public who will be asked or required to respond, as
well as a brief abstract:
Affected public (Primary): Business or other for-profit.
Affected public (Other): Not-for-profit institutions; Federal,
State, local, and tribal governments.
Abstract: This collection provides the Drug Enforcement
Administration (DEA) with a national database on analyzed drug evidence
from non-federal laboratories. Information from this database is
combined with the other existing databases to develop more accurate,
up-to-date information on abused drugs. This database represents a
voluntary, cooperative effort on the part of participating laboratories
to provide a centralized source of analyzed drug data.
5. An estimate of the total number of respondents and the amount of
time estimated for an average respondent to respond: The DEA estimates
that 140 persons annually for this collection at 1.6 hour per
respondent, for an annual burden of 218 hours.
6. An estimate of the total public burden (in hours) associated
with the proposed collection: The DEA estimates that this collection
takes 218 annual burden hours.
If additional information is required please 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., Suite 3E.405B, Washington, DC
20530.
Dated: November 20, 2015.
Jerri Murray,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2015-29980 Filed 11-24-15; 8:45 am]
BILLING CODE 4410-09-P
