Agency Information Collection Activities; Proposed eCollection eComments Requested; Application To Make and Register a Firearm (ATF Form 1 (5320.1), 25427-25428 [2016-09874]

Download as PDF mstockstill on DSK3G9T082PROD with NOTICES Federal Register / Vol. 81, No. 82 / Thursday, April 28, 2016 / Notices substance in the course of professional practice.’’ 21 U.S.C. 802(21). Likewise, the CSA conditions the granting of a practitioner’s application for registration on his/her possession of authority to dispense controlled substances under state law. See 21 U.S.C. 823(f) (‘‘The 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.’’). And of further note, the CSA defines the term ‘‘dispense’’ as meaning ‘‘to deliver a controlled substance to an ultimate user . . . by, or pursuant to the lawful order of, a practitioner.’’ Id. § 802(10) (emphasis added). Thus, the Agency 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, e.g., James L. Hooper, 76 FR 71371 (2011), pet. for rev. denied, 481 Fed. Appx. 826 (4th Cir. 2012). And because a practitioner’s authority under the CSA is based on his/her authority to dispense controlled substances under the laws of the State in which he practices, the Agency has further held that ‘‘to the extent a practitioner is not authorized under state law to dispense certain categories or schedules of controlled substances, he can no longer lawfully dispense them under federal law.’’ Kenneth Harold Bull, 78 FR 62666, 62672 (2013). For the same reason, where a state board limits a practitioner’s controlled substance authority by prohibiting him from possessing controlled substances or by limiting his authority to prescribing, the practitioner’s authority under his DEA registration must also be so limited. See, e.g., Steven M. Abbadessa, 74 FR 10077, 10082 (2009) (noting ambiguity in state agency’s order as to whether it authorized physician to administer controlled substances at his clinic and requiring him to provide evidence that such activity was authorized by the State prior to doing so); cf. United States v. Moore, 423 U.S. 122, 140–41 (1975) (‘‘In the case of a physician, [the CSA] contemplates that he is authorized by the State to practice medicine and to dispense drugs in connection with his professional practice. The federal registration . . . extends no further.’’). Accordingly, although the OBNDD’s Stipulation and Agreed Order effectively authorizes Registrant to prescribe schedule IV and V controlled VerDate Sep<11>2014 22:09 Apr 27, 2016 Jkt 238001 substances, it affirmatively prohibits him from ordering, storing (possessing), administering and directly dispensing all controlled substances. While Registrant’s DEA registration does not authorize him to handle schedule II and III controlled substances in any manner, his registration currently provides authority for him to order, store, administer and directly dispense schedule IV and V controlled substances. Because Registrant’s DEA registration can only grant him authority to the extent that the State has granted him authority, I will order that his registration be restricted to authorize only the prescribing of controlled substances in schedules IV and V. Also, in the event Registrant intends to seek authority to prescribe schedule II or III controlled substances upon the expiration of the OBNDD’s condition, he must apply for a modification of his DEA registration before doing so. See 21 CFR 1301.51. So too, in the event Registrant seeks to engage in the ordering, storing, dispensing or administering of any controlled substance upon the expiration of his probation, he must apply for a modification of his DEA registration before doing so. Finally, because the Oklahoma Medical Board’s records list Registrant’s practice address as being different from his DEA registered address, and it appears that Registrant is no longer practicing at the latter address, he is directed to inquire of the local DEA office as to whether he must obtain a modification of his registration to reflect his new practice address. See 21 CFR 1301.12(a) & (b). Order Pursuant to the authority vested in me by 21 U.S.C. 824(a), as well as 28 CFR 0.100(b), I order that DEA Certificate of Registration# FR4496267 issued to Abolghasem Rezaei, M.D., be, and it hereby is, restricted to authorize only the prescribing of controlled substances in schedules IV and V. This Order is effective immediately. Dated: April 21, 2016. Chuck Rosenberg, Acting Administrator. [FR Doc. 2016–09973 Filed 4–27–16; 8:45 am] BILLING CODE 4410–09–P PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 25427 DEPARTMENT OF JUSTICE [OMB Number 1140–0011] Agency Information Collection Activities; Proposed eCollection eComments Requested; Application To Make and Register a Firearm (ATF Form 1 (5320.1) Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice ACTION: 30-Day notice. AGENCY: The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will submit 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 was previously published in the Federal Register 81 FR 8099, on February 17, 2016, allowing for a 60-day comment period. DATES: Comments are encouraged and will be accepted for an additional 30 days until May 31, 2016. FOR FURTHER INFORMATION CONTACT: If you have additional 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 Gary Schaible, Industry Liaison Analyst, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), 99 New York Ave. NE., Washington, DC 20226 at email: nfaombcomments@atf.gov. Written comments and/or suggestions can also be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20503 or sent to OIRA_submissions@omb.eop.gov. 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; SUMMARY: E:\FR\FM\28APN1.SGM 28APN1 25428 Federal Register / Vol. 81, No. 82 / Thursday, April 28, 2016 / Notices mstockstill on DSK3G9T082PROD with NOTICES • Evaluate whether and if so how the quality, utility, and clarity of the information 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 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: Revision of a currently approved collection. 2. The Title of the Form/Collection: Application to Make and Register a Firearm. 3. The agency form number, if any, and the applicable component of the Department sponsoring the collection: Form number: ATF Form 1 (5320.1). Component: Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Department of Justice. 4. Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Business or other for-profit. Other: Individuals or households; and State, Local or Tribal Government. Abstract: This form is filed to obtain permission to make and register a National Firearms Act (NFA) firearm. Possession of an unregistered NFA firearm is illegal. The approval of the application effectuates the registration of the firearm to the applicant. For any person other than a government agency, the making incurs a tax of $200. 5. An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: An estimated 25,716 respondents will take 3.86 hours to respond. 6. An estimate of the total public burden (in hours) associated with the collection: The estimated annual public burden associated with this collection is 102,808 hours. 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 3E– 405B, Washington, DC 20530. Dated: April 22, 2016. Jerri Murray, Department Clearance Officer for PRA, U.S. Department of Justice. [FR Doc. 2016–09874 Filed 4–27–16; 8:45 am] BILLING CODE 4410–FY–P VerDate Sep<11>2014 22:09 Apr 27, 2016 Jkt 238001 DEPARTMENT OF JUSTICE [OMB Number 1140–0014] Agency Information Collection Activities; Proposed eCollection eComments Requested; Application for Tax Paid Transfer and Registration of Firearm (ATF Form 4 (5320.4) Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice. ACTION: 30-Day notice. AGENCY: The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will submit 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 was previously published in the Federal Register 81 FR 8100, on February 17, 2016, allowing for a 60-day comment period. DATES: Comments are encouraged and will be accepted for an additional 30 days until May 31, 2016. FOR FURTHER INFORMATION CONTACT: If you have additional 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 Gary Schaible, Industry Liaison Analyst, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), 99 New York Ave. NE., Washington, DC 20226 at email: nfaombcomments@atf.gov. Written comments and/or suggestions can also be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20503 or sent to OIRA_submissions@omb.eop.gov. 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; SUMMARY: PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 • Evaluate whether and if so how the quality, utility, and clarity of the information 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 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: Revision of a currently approved collection. 2. The Title of the Form/Collection: Application for Tax Paid Transfer and Registration of Firearm. 3. The agency form number, if any, and the applicable component of the Department sponsoring the collection: Form number: ATF Form 4 (5320.4). Component: Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Department of Justice. 4. Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Business or other for-profit. Other: Individuals or households; and Not-for-profit institutions. Abstract: This form is filed to obtain permission to transfer and register a National Firearms Act (NFA) firearm. A transfer without approval and possession of an unregistered NFA firearm are illegal. The approval of the application effectuates the registration of a firearm to the transferee. There is a tax of $5 or $200 on the transfer of an NFA firearm with certain exceptions (see ATF Forms 3 and 5 for tax exempt transfer information). 5. An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: An estimated 123,339 respondents will take 3.66 hours to respond. 6. An estimate of the total public burden (in hours) associated with the collection: The estimated annual public burden associated with this collection is 466,755 hours. 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 3E– 405B, Washington, DC 20530. E:\FR\FM\28APN1.SGM 28APN1

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[Federal Register Volume 81, Number 82 (Thursday, April 28, 2016)]
[Notices]
[Pages 25427-25428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09874]


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DEPARTMENT OF JUSTICE

[OMB Number 1140-0011]


Agency Information Collection Activities; Proposed eCollection 
eComments Requested; Application To Make and Register a Firearm (ATF 
Form 1 (5320.1)

AGENCY: Bureau of Alcohol, Tobacco, Firearms and Explosives, Department 
of Justice

ACTION: 30-Day notice.

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

SUMMARY: The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, 
Firearms and Explosives (ATF), will submit 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 was previously published in 
the Federal Register 81 FR 8099, on February 17, 2016, allowing for a 
60-day comment period.

DATES: Comments are encouraged and will be accepted for an additional 
30 days until May 31, 2016.

FOR FURTHER INFORMATION CONTACT: If you have additional 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 
Gary Schaible, Industry Liaison Analyst, Bureau of Alcohol, Tobacco, 
Firearms and Explosives (ATF), 99 New York Ave. NE., Washington, DC 
20226 at email: nfaombcomments@atf.gov. Written comments and/or 
suggestions can also be directed to the Office of Management and 
Budget, Office of Information and Regulatory Affairs, Attention 
Department of Justice Desk Officer, Washington, DC 20503 or sent to 
OIRA_submissions@omb.eop.gov.

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;

[[Page 25428]]

     Evaluate whether and if so how the quality, utility, and 
clarity of the information 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 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: Revision of a currently approved 
collection.
    2. The Title of the Form/Collection: Application to Make and 
Register a Firearm.
    3. The agency form number, if any, and the applicable component of 
the Department sponsoring the collection:
    Form number: ATF Form 1 (5320.1).
    Component: Bureau of Alcohol, Tobacco, Firearms and Explosives, 
U.S. Department of Justice.
    4. Affected public who will be asked or required to respond, as 
well as a brief abstract:
    Primary: Business or other for-profit.
    Other: Individuals or households; and State, Local or Tribal 
Government.
    Abstract: This form is filed to obtain permission to make and 
register a National Firearms Act (NFA) firearm. Possession of an 
unregistered NFA firearm is illegal. The approval of the application 
effectuates the registration of the firearm to the applicant. For any 
person other than a government agency, the making incurs a tax of $200.
    5. An estimate of the total number of respondents and the amount of 
time estimated for an average respondent to respond: An estimated 
25,716 respondents will take 3.86 hours to respond.
    6. An estimate of the total public burden (in hours) associated 
with the collection: The estimated annual public burden associated with 
this collection is 102,808 hours.
    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 3E-405B, Washington, DC 
20530.

    Dated: April 22, 2016.
Jerri Murray,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2016-09874 Filed 4-27-16; 8:45 am]
BILLING CODE 4410-FY-P