Agency Information Collection Activities; Proposed eCollection; eComments Requested Age, Sex, Race, and Ethnicity of Persons Arrested Under 18 Years of Age; Age, Sex, Race, and Ethnicity of Persons Arrested 18 Years of Age and Over, 18673-18674 [2017-08024]
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Federal Register / Vol. 82, No. 75 / Thursday, April 20, 2017 / Notices
Board’s Order accepting the surrender
and declaring the license null and void
effective June 15, 2016, a printout from
the Board’s Web site showing that his
license had expired on June 15, 2016,
and Respondent’s August 31, 2016 DEA
application which contained the various
false statements. This evidence is
sufficient to show that Respondent
knowingly falsified his application by
representing that his license had not
been subject to discipline by the State
Board and that he was, at the time of his
application, not currently authorized to
handle controlled substances in the
State where he sought registration.
By contrast, Respondent did not even
respond to the Government’s motion,6
let alone offer any evidence to support
the assertion made in his hearing
request which characterizes the false
statements as irregularities and
mistakes.7 Thus, I conclude that there is
asabaliauskas on DSK3SPTVN1PROD with NOTICES
6 While
the ALJ’s November 1, 2016, order setting
the briefing schedule for the lack of state authority
allegation addressed only the timing of ‘‘any motion
for summary disposition on these grounds,’’ the
Government’s Motion for Partial Summary
Disposition provided Respondent with ample
notice that it was seeking a ruling on the material
falsification allegation as well. Notably, the opening
paragraph of the motion states that ‘‘[t]he
Government respectfully requests that the ALJ grant
the Government’s request for summary disposition
on two issues: That Respondent lacks state
authority in West Virginia [and] that Respondent
materially falsified his Application for a DEA
registration. Motion, at 1.
Moreover, the Government set forth various facts
which it asserted were undisputed, including
Respondent’s answers which provided a license
number for a purported West Virginia license,
which he then represented would not expire until
July 1, 2017, as well as his ‘‘No’’ answer to Question
three on the application. Later, the Government
devoted a separate section of its motion to arguing
that Respondent made false statements on his
application by failing to disclose that he had
surrendered his state license for cause, that this was
a material falsification under the Kungys standard,
and that it was entitled to summary disposition on
this issue. Id. at 6–7. Yet Respondent offered no
response to the Motion.
Also, in its Exceptions to the ALJ’s R.D., the
Government took issue with the ALJ’s failure to
grant its motion with respect to the material
falsification allegations. See generally Gov.
Exceptions. Here again, Respondent offered no
response. See 21 CFR 1316.66(c) (providing for ‘‘the
filing of a response to the exceptions filed by
another party’’).
7 While the ‘‘usual rule [is] that all doubts are
resolved against the moving party,’’ as a leading
authority explains, ‘‘[i]f the movant presents
credible evidence that, if not controverted at trial,
would entitle the movant to a . . . judgment as a
matter of law that evidence must be accepted as
true on a summary-judgment motion when the
party opposing the motion does not offer counteraffidavits or other evidentiary material supporting
the opposing contention that an issue of fact
remains, or does not show a good reason . . . why
he is unable to present facts justifying opposition
to the motion.’’ 10A, Charles Alan Wright, et al.,
Federal Practice and Procedure Civ. § 2727.1 (4th
ed. 2017). Here, as Respondent did not even
respond to the Government’s motion, let alone offer
any evidence to create a triable issue of fact, the
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17:27 Apr 19, 2017
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no dispute as to the material fact that
Respondent materially falsified his
August 31, 2016 application and that he
did so knowingly.
Accordingly, I conclude that the
Government was entitled to summary
disposition on the allegation that
Respondent materially falsified his
August 31, 2016 application for a new
DEA registration. This provides an
additional and independent basis apart
from his lack of state authority for
denying his application.
Order
Pursuant to the authority vested in me
by 21 U.S.C. 823(f) and 28 CFR 0.100(b),
I order that the application of Richard
Jay Blackburn, D.O., for a DEA
Certificate of Registration as a
practitioner, be, and it hereby is, denied.
This Order is effective immediately.
Dated: April 14, 2017.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2017–08014 Filed 4–19–17; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
[OMB Number 1110–0005]
Agency Information Collection
Activities; Proposed eCollection;
eComments Requested Age, Sex,
Race, and Ethnicity of Persons
Arrested Under 18 Years of Age; Age,
Sex, Race, and Ethnicity of Persons
Arrested 18 Years of Age and Over
Federal Bureau of
Investigation, Department of Justice.
ACTION: 30-day notice.
AGENCY:
Department of Justice (DOJ),
Federal Bureau of Investigation,
Criminal Justice Information Services
Division 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 allowing for a 60 day
comment period.
DATES: Comments on the information
collection published in the Federal
Register at 82 FR 11060, on February 17,
2017 are encouraged and will be
accepted until May 22, 2017.
FOR FURTHER INFORMATION CONTACT:
Written comments and/or suggestions
regarding the items contained in this
notice, especially the estimated public
SUMMARY:
Government was clearly entitled to summary
disposition on the allegation.
PO 00000
Frm 00070
Fmt 4703
Sfmt 4703
18673
burden and associated response time,
should be directed to Mrs. Amy C.
Blasher, Unit Chief, Federal Bureau of
Investigation, CJIS Division, Module
E–3, 1000 Custer Hollow Road,
Clarksburg, West Virginia 26306;
facsimile (304) 625–3566. 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 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.
Overview of This Information
Collection
(1) Type of Information Collection:
Extension of a currently approved
collection.
(2) Title of the Form/Collection: Age,
Sex, Race, and Ethnicity of Persons
Arrested Under 18 Years of Age; and
Age, Sex, Race, and Ethnicity of Persons
Arrested 18 Years of Age and Over
(3) Agency form number, if any, and
the applicable component of the
Department sponsoring the collection:
Agency form number: 1–708 and 1–
708a. Sponsoring component:
Department of Justice, Federal Bureau of
Investigation, Criminal Justice
Information Services Division.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: City, county, state,
federal, and tribal law enforcement
agencies. Abstract: Under Title 28, U.S.
E:\FR\FM\20APN1.SGM
20APN1
18674
Federal Register / Vol. 82, No. 75 / Thursday, April 20, 2017 / Notices
data and to publish these statistics in
Crime in the United States.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond/reply: There are approximately
11,791 law enforcement agency
respondents; calculated estimates
indicate 12 minutes for form 1–708a and
15 minutes for form 1–708 per month.
The total annual burden hour per
respondent is 5 hours and 24 minutes.
Total Annual Hour Burden:
15 minutes = 12 minutes × 12 months
= 324/60 = 5 hours and 24 minutes
(6) An estimate of the total public
burden (in hours) associated with the
collection: There are approximately
63,671 hours, annual burden, associated
with this information 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.
published allowing for a 60 day
comment period.
DATES: Comments on the information
collection originally published in the
Federal Register at 82 FR 11061, on
February 17, 2017 are encouraged and
will be accepted until May 22, 2017.
FOR FURTHER INFORMATION CONTACT:
Written comments and/or suggestions
regarding the items contained in this
notice, especially the estimated public
burden and associated response time,
should be directed to Mrs. Amy Blasher,
Unit Chief, Federal Bureau of
Investigation, CJIS Division, Module
E–3, 1000 Custer Hollow Road,
Clarksburg, West Virginia 26306;
facsimile (304) 625–3566. 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 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.
Dated: April 17, 2017.
Melody Braswell,
Department Clearance Officer, PRA, U.S.
Department of Justice.
[FR Doc. 2017–08024 Filed 4–19–17; 8:45 am]
BILLING CODE 4410–02–P
DEPARTMENT OF JUSTICE
[OMB Number 1110–0008]
Agency Information Collection
Activities; Proposed eCollection;
eComments Requested Monthly
Return of Arson Offenses Known to
Law Enforcement
Federal Bureau of
Investigation, Department of Justice.
ACTION: 30-day Notice.
AGENCY:
Department of Justice (DOJ),
Federal Bureau of Investigation,
Criminal Justice Information Services
Division 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
asabaliauskas on DSK3SPTVN1PROD with NOTICES
SUMMARY:
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17:27 Apr 19, 2017
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PO 00000
Frm 00071
Fmt 4703
Sfmt 4703
Overview of this Information
Collection:
(1) Type of Information Collection:
Extension of a currently approved
collection.
(2) Title of the Form/Collection:
Monthly Return of Arson Offenses
Known to Law Enforcement.
(3) Agency form number, if any, and
the applicable component of the
Department sponsoring the collection:
Agency form number: 1110–0008.
Sponsoring component: Department of
Justice, Federal Bureau of Investigation,
Criminal Justice Information Services
Division.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: City, county, state,
federal, and tribal law enforcement
agencies. Abstract: Under Title 28, U.S.
Code, Section 534, Acquisition,
E:\FR\FM\20APN1.SGM
20APN1
EN20AP17.001</GPH>
Code, Section 534, Acquisition,
Preservation, and Exchange of
Identification Records; and
Appointment of Officials, 1930, this
collection requests the number of arrests
from city, county, state, tribal, and
federal law enforcement agencies in
order for the FBI UCR Program to serve
as the national clearinghouse for the
collection and dissemination of arrest
]]>Agencies
[Federal Register Volume 82, Number 75 (Thursday, April 20, 2017)]
[Notices]
[Pages 18673-18674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08024]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
[OMB Number 1110-0005]
Agency Information Collection Activities; Proposed eCollection;
eComments Requested Age, Sex, Race, and Ethnicity of Persons Arrested
Under 18 Years of Age; Age, Sex, Race, and Ethnicity of Persons
Arrested 18 Years of Age and Over
AGENCY: Federal Bureau of Investigation, Department of Justice.
ACTION: 30-day notice.
-----------------------------------------------------------------------
SUMMARY: Department of Justice (DOJ), Federal Bureau of Investigation,
Criminal Justice Information Services Division 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 allowing for a 60 day comment period.
DATES: Comments on the information collection published in the Federal
Register at 82 FR 11060, on February 17, 2017 are encouraged and will
be accepted until May 22, 2017.
FOR FURTHER INFORMATION CONTACT: Written comments and/or suggestions
regarding the items contained in this notice, especially the estimated
public burden and associated response time, should be directed to Mrs.
Amy C. Blasher, Unit Chief, Federal Bureau of Investigation, CJIS
Division, Module E-3, 1000 Custer Hollow Road, Clarksburg, West
Virginia 26306; facsimile (304) 625-3566. 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 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.
Overview of This Information Collection
(1) Type of Information Collection: Extension of a currently
approved collection.
(2) Title of the Form/Collection: Age, Sex, Race, and Ethnicity of
Persons Arrested Under 18 Years of Age; and Age, Sex, Race, and
Ethnicity of Persons Arrested 18 Years of Age and Over
(3) Agency form number, if any, and the applicable component of the
Department sponsoring the collection: Agency form number: 1-708 and 1-
708a. Sponsoring component: Department of Justice, Federal Bureau of
Investigation, Criminal Justice Information Services Division.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: City, county, state, federal, and
tribal law enforcement agencies. Abstract: Under Title 28, U.S.
[[Page 18674]]
Code, Section 534, Acquisition, Preservation, and Exchange of
Identification Records; and Appointment of Officials, 1930, this
collection requests the number of arrests from city, county, state,
tribal, and federal law enforcement agencies in order for the FBI UCR
Program to serve as the national clearinghouse for the collection and
dissemination of arrest data and to publish these statistics in Crime
in the United States.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond/reply: There are
approximately 11,791 law enforcement agency respondents; calculated
estimates indicate 12 minutes for form 1-708a and 15 minutes for form
1-708 per month. The total annual burden hour per respondent is 5 hours
and 24 minutes.
Total Annual Hour Burden:
15 minutes = 12 minutes x 12 months = 324/60 = 5 hours and 24 minutes
(6) An estimate of the total public burden (in hours) associated
with the collection: There are approximately 63,671 hours, annual
burden, associated with this information collection.
[GRAPHIC] [TIFF OMITTED] TN20AP17.001
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.
Dated: April 17, 2017.
Melody Braswell,
Department Clearance Officer, PRA, U.S. Department of Justice.
[FR Doc. 2017-08024 Filed 4-19-17; 8:45 am]
BILLING CODE 4410-02-P
