Agency Information Collection Activities; Proposed eCollection; eComments Requested; Revision of Currently Approved Collection: 2016 Survey of Sexual Victimization (SSV), 11370-11371 [2017-03442]
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Federal Register / Vol. 82, No. 34 / Wednesday, February 22, 2017 / Notices
a written statement.’’ Gov. Request for
Final Agency Action, at 1.
Based on the record and the
Government’s representation, I find that
since the date on which Applicant was
served with the Show Cause Order,
more than 30 days have now passed and
neither Applicant, nor anyone
purporting to represent him, has
requested a hearing or submitted a
written statement while waiving his
right to a hearing. Accordingly, I find
that Applicant has waived his right to
a hearing and his right to submit a
written statement. 21 CFR 1301.43(d). I
therefore issue this Decision and Order
based on the record submitted by the
Government. Id. § 1301.43(e). I make the
following findings.
sradovich on DSK3GMQ082PROD with NOTICES
Findings of Fact
On December 30, 2013, Applicant
applied for a DEA Certificate of
Registration, seeking authority to
dispense controlled substances in
schedules II through V as a practitioner.
GX 2A, at 1. Applicant proposed an
address in Northridge, California as his
registered location, and provided the
number of his California license. Id.
Applicant was also the holder of
Physician’s and Surgeon’s certificate
No. G27953 which was issued by the
MBC. GX 2B, at 1, 3. However, on July
18, 2016, the MBC adopted the
proposed decision of a state
administrative law judge (ALJ) which
found that Applicant had been
‘‘convicted of a criminal offense
substantially related to the
qualifications, functions, or duties of a
physician and surgeon’’ and that ‘‘[s]uch
also constituted unprofessional
conduct.’’ Id. at 1, 24. The state ALJ also
found that Applicant ‘‘failed to offer
even minimal evidence of rehabilitation
and this prevents the Board from giving
any consideration to continuing his
probation at this time’ and that ‘‘[p]ublic
protection demands that [his] medical
license be revoked.’’ Id. at 24.
While the MBC’s Order was to
become effective on August 17, 2016,
according to the Board’s online records
(of which I take official notice 1), on
1 I also take official notice that according to the
online records of the MBC, Applicant’s medical
license has not been reinstated.
In accordance with 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).
In accordance with the APA and DEA’s regulations,
Respondent is ‘‘entitled on timely request to an
opportunity to show to the contrary.’’ 5 U.S.C.
556(e); see also 21 CFR 1316.59(e). To allow
Respondent the opportunity to refute the facts of
which I take official notice, Respondent may file a
motion for reconsideration within 15 calendar days
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16:05 Feb 21, 2017
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August 16, Applicant sought
reconsideration and the MBC stayed its
order to allow it ‘‘to review and
consider’’ his petition. However, on
August 26, 2016, the MBC denied
Applicant’s petition and the revocation
became effective at 5 p.m. that day. I
therefore find that Applicant does not
possess authority under the laws of
California to dispense controlled
substances. See Cal. Bus. & Prof. Code
§ 2051 (‘‘The physician’s and surgeon’s
certificate authorizes the holder to use
drugs . . . in or upon human beings
. . . in the treatment of diseases,
injuries, deformities, and other physical
and mental conditions’’); id. § 2052
(‘‘any person who . . . prescribes for
any . . . deformity, disease . . . injury,
or other physical or mental condition of
any person, without having at the time
of so doing a valid, unrevoked, or
unsuspended certificate as provided in
this chapter . . . is guilty of a public
offense’’).
Discussion
Under the Controlled Substances Act,
a practitioner must be currently
authorized to dispense controlled
substances ‘‘under the laws of the State
in which he practices’’ in order to
obtain and maintain a practitioner’s
registration. See 21 U.S.C. 823(f) (‘‘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.’’); see also id.
§ 802(21) (defining ‘‘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’’).
Thus, with respect to a practitioner,
DEA has long 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 registration. See, e.g., James L. Hooper,
76 FR 71371 (2011) (collecting cases),
pet. for rev. denied, 481 Fed. Appx. 826
(4th Cir. 2012); see also Frederick Marsh
Blanton, 43 FR 27616 (1978) (‘‘State
authorization to dispense or otherwise
handle controlled substances is a
prerequisite to the issuance and
maintenance of a Federal controlled
substances registration.’’); 21 U.S.C.
824(a)(3) (authorizing revocation ‘‘upon
of the date of service of this Order which shall
commence on the date this Order is mailed.
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a finding that the registrant . . . has had
his State license . . . suspended [or]
revoked . . . by competent State
authority and is no longer authorized by
State law to engage in the . . .
dispensing of controlled substances’’).
As found above, by virtue of the
MBC’s Order, Applicant currently lacks
authority to handle controlled
substances in California, the State in
which he seeks registration, and is not
entitled to be registered. Accordingly, I
will order that his application be
denied.
Order
Pursuant to the authority vested in me
by 21 U.S.C. 823(f), as well as 28 CFR
0.100(b), I order that the application of
Robert Markman, M.D., for a DEA
Certificate of Registration as a
practitioner, be, and it hereby is, denied.
This Order is effective March 24, 2017.
Dated: February 14, 2017.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2017–03383 Filed 2–21–17; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Bureau of Justice Statistics
[OMB Number 1121–0292]
Agency Information Collection
Activities; Proposed eCollection;
eComments Requested; Revision of
Currently Approved Collection: 2016
Survey of Sexual Victimization (SSV)
Bureau of Justice Statistics,
Department of Justice.
ACTION: 30-day notice.
AGENCY:
Department of Justice (DOJ),
Office of Justice Programs, Bureau of
Justice Statistics, 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. This proposed
information collection was previously
published in the Federal Register at 81
FR 87957, on December 6, 2016,
allowing for a 60 day comment period.
No comments were received.
DATES: Comments are encouraged and
will be accepted for an additional 30
days until March 24, 2017.
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
SUMMARY:
E:\FR\FM\22FEN1.SGM
22FEN1
Federal Register / Vol. 82, No. 34 / Wednesday, February 22, 2017 / Notices
additional information, please contact
Ramona Rantala, Statistician, Bureau of
Justice Statistics, 810 Seventh Street
NW., Washington, DC 20531 (email:
Ramona.Rantala@usdoj.gov; telephone:
202–307–6170). Written comments and/
or suggestions can also be sent 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.
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 agencies
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.
SUPPLEMENTARY INFORMATION:
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond/reply: An estimate of the total
number of respondents is 1,574 adult
and juvenile systems and facilities.
(This estimate assumes a response rate
of 100%.) Federal and state systems for
adults and juveniles (102 respondents)
will take an estimated 60 minutes to
complete the summary form; local and
privately operated facilities (1,472
respondents) will take an estimated 30
minutes to complete the summary form;
and each incident form (we estimate
about 2,310 incident forms will be
completed, one for each incident that
was substantiated) will take about 30
minutes. The burden estimates are
based on data from the prior
administration of the SSV.
(6) An estimate of the total public
burden (in hours) associated with the
collection: There are an estimated 1,993
total annual burden hours associated
with this collection.
If additional information is required
contact: Melody Braswell, 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.
Melody Braswell,
Department Clearance Officer, PRA, U.S.
Department of Justice.
[FR Doc. 2017–03442 Filed 2–21–17; 8:45 am]
BILLING CODE 4410–18–P
NUCLEAR REGULATORY
COMMISSION
sradovich on DSK3GMQ082PROD with NOTICES
Overview of This Information
Collection
[Docket No. 72–20; NRC–2017–0050]
(1) Type of Information Collection:
Revision of a currently approved
collection.
(2) Title of the Form/Collection:
Survey of Sexual Victimization
(formerly the Survey of Sexual
Violence).
(3) Agency form number, if any, and
the applicable component of the
Department sponsoring the collection:
Agency form numbers: SSV–1, SSV–2,
SSV–3, SSV–4, SSV–5, SSV–6, SSV–IA,
and SSV–IJ. Sponsoring component:
Department of Justice, Bureau of Justice
Statistics.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: State, Local or Tribal
Government. Other: Federal
Government and business (privately
operated correctional institutions, both
for-profit and not-for-profit).
Department of Energy; Three Mile
Island 2 Independent Spent Fuel
Storage Installation
VerDate Sep<11>2014
16:05 Feb 21, 2017
Jkt 241001
Nuclear Regulatory
Commission.
ACTION: License amendment application,
docketing.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) has docketed a
license amendment application from the
Department of Energy (DOE or the
licensee) for amendment of Materials
License No. SNM–2508, for the Three
Mile Island 2 (TMI–2) independent
spent fuel storage installation located at
the Idaho National Laboratory in Butte
County, Idaho. If granted, the
amendment would update the licensee
delegation of authority in the license,
the technical specifications, and the
final safety analysis report. These
SUMMARY:
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11371
documents currently delegate authority
under the license to the Manager, DOE
Idaho Operations Office. The
amendment would replace that
reference with the Deputy Manager,
Idaho Cleanup Project in each of the
documents.
ADDRESSES: Please refer to Docket ID
NRC–2017–0050 when contacting the
NRC about the availability of
information regarding this document.
You may obtain publicly-available
information related to this document
using any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2017–0050. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced (if it is available in
ADAMS) is provided the first time that
it is mentioned in this document.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Jose
R. Cuadrado, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
0606; email: Jose.Cuadrado@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
By letter dated September 8, 2016,
DOE submitted to the NRC an
application to amend the license,
technical specifications, and the final
safety analysis report, for the TMI–2
independent spent fuel storage
installation located at the Idaho
National Laboratory in Butte County,
Idaho (ADAMS Accession No.
ML16258A191). Materials License No.
SNM–2508 authorizes the licensee to
receive, store, and transfer canisters
E:\FR\FM\22FEN1.SGM
22FEN1
Agencies
[Federal Register Volume 82, Number 34 (Wednesday, February 22, 2017)]
[Notices]
[Pages 11370-11371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03442]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Bureau of Justice Statistics
[OMB Number 1121-0292]
Agency Information Collection Activities; Proposed eCollection;
eComments Requested; Revision of Currently Approved Collection: 2016
Survey of Sexual Victimization (SSV)
AGENCY: Bureau of Justice Statistics, Department of Justice.
ACTION: 30-day notice.
-----------------------------------------------------------------------
SUMMARY: Department of Justice (DOJ), Office of Justice Programs,
Bureau of Justice Statistics, 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. This proposed information collection was
previously published in the Federal Register at 81 FR 87957, on
December 6, 2016, allowing for a 60 day comment period. No comments
were received.
DATES: Comments are encouraged and will be accepted for an additional
30 days until March 24, 2017.
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
[[Page 11371]]
additional information, please contact Ramona Rantala, Statistician,
Bureau of Justice Statistics, 810 Seventh Street NW., Washington, DC
20531 (email: Ramona.Rantala@usdoj.gov; telephone: 202-307-6170).
Written comments and/or suggestions can also be sent 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 agencies 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.
Overview of This Information Collection
(1) Type of Information Collection: Revision of a currently
approved collection.
(2) Title of the Form/Collection: Survey of Sexual Victimization
(formerly the Survey of Sexual Violence).
(3) Agency form number, if any, and the applicable component of the
Department sponsoring the collection: Agency form numbers: SSV-1, SSV-
2, SSV-3, SSV-4, SSV-5, SSV-6, SSV-IA, and SSV-IJ. Sponsoring
component: Department of Justice, Bureau of Justice Statistics.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: State, Local or Tribal Government.
Other: Federal Government and business (privately operated correctional
institutions, both for-profit and not-for-profit).
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond/reply: An
estimate of the total number of respondents is 1,574 adult and juvenile
systems and facilities. (This estimate assumes a response rate of
100%.) Federal and state systems for adults and juveniles (102
respondents) will take an estimated 60 minutes to complete the summary
form; local and privately operated facilities (1,472 respondents) will
take an estimated 30 minutes to complete the summary form; and each
incident form (we estimate about 2,310 incident forms will be
completed, one for each incident that was substantiated) will take
about 30 minutes. The burden estimates are based on data from the prior
administration of the SSV.
(6) An estimate of the total public burden (in hours) associated
with the collection: There are an estimated 1,993 total annual burden
hours associated with this collection.
If additional information is required contact: Melody Braswell,
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.
Melody Braswell,
Department Clearance Officer, PRA, U.S. Department of Justice.
[FR Doc. 2017-03442 Filed 2-21-17; 8:45 am]
BILLING CODE 4410-18-P