Agency Information Collection Activities; Proposed eCollection eComments; Requested; Extension Without Change, of a Previously Approved Collection; FBI National Academy: End-of-Session Student Course Questionnaire; FBI National Academy: General Remarks Questionnaire, 28692-28693 [2017-13177]
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Federal Register / Vol. 82, No. 120 / Friday, June 23, 2017 / Notices
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Accordingly, based solely on
Respondent’s misconduct in retaining
Mullen, I conclude that the factors
relevant to this misconduct support the
outright suspension of Respondent’s
registration for a period of one year.
Moreover, I conclude that Respondent’s
failure to maintain complete and
accurate inventories, as well as his
misconduct in directing his unregistered
office manager to administer controlled
substances to patients, provide
additional support for my conclusion
that an outright suspension for one year
is warranted.
While Respondent’s failure to
establish an initial inventory occurred
sometime ago, his failure to maintain a
complete and accurate biennial
inventory based on an actual physical
count of the controlled substances he
had on hand is far more recent. While
Respondent testified that he kept the
records as he did based on the guidance
he received from the state inspector in
the 2005 time frame, the requirements to
take an actual physical count ‘‘either as
of the opening of business or as of the
close of business on the inventory date’’
and to indicate this ‘‘on the inventory’’
are clear on the regulation’s face. And
even if Respondent was given erroneous
advice by the state inspector,
Respondent is responsible for knowing
what is required by DEA’s regulations.41
41 In his Recommended Decision, the ALJ
discussed eight considerations that in his view,
‘‘mitigate the egregious of the shortcomings of
Respondent’s controlled substance inventory.’’ R.D.
50. However, several of these do not mitigate the
violation. For example, the ALJ noted that
‘‘Respondent kept a thorough and detailed
perpetual inventory,’’ that the DI was able to use the
perpetual inventory to do an audit, and that ‘‘there
is no evidence that the Respondent’s recordkeeping
errors resulted in any diversion.’’ Id. These do not
mitigate the violation because the CSA and DEA
regulations require that a registrant take an actual
physical count of the controlled substances on
hand, and an accurate actual count, as
memorialized in either an initial or biennial
inventory, is essential in conducting an accurate
audit. Likewise, an accurate audit is essential in
determining whether a registrant is maintaining
complete and accurate records of both the
controlled substances he receives and those he
‘‘deliver[s] or otherwise dispose[s] of.’’ 21 U.S.C.
827(a)(3). As for the ALJ’s statement that there is no
evidence that Respondent’s recordkeeping errors
resulted in diversion, generally, it is diversion that
results in recordkeeping irregularities and not the
other way around.
As for the ALJ’s observation that Respondent kept
receipt records that ‘‘showed the number of
containers, the number of dosages in the containers,
and the strength of the dosages,’’ these records were
prepared by Respondent’s suppliers, see, e.g., RX
89, at 37–47; and Respondent is required to
maintain these records under the CSA and DEA
regulations. See 21 U.S.C. 827(a)(3); 21 CFR
1304.21(a); id. § 1304.22(c). Moreover, because I
hold that the violation is based on his failure to
have a biennial inventory based on an actual count
of the drugs on hand and not on the fact that his
inventory did not list the number of containers, the
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Moreover, while in response to the DI’s
instructions Respondent started taking
an actual count, the ALJ found that
‘‘Respondent did not show remorse for
his recordkeeping violations.’’ R.D. 49.
As for his practice of directing his
office manager to administer controlled
substances to patients who were
undergoing procedures when he was
running late and not in the office, the
ALJ also found that there were several
factors that mitigate the egregiousness of
these violations. According to the ALJ,
these factors include that this happened
only ‘‘occasionally,’’ that Respondent
had previously determined what
medications should be administered to
the patient based on his assessment of
the patient’s needs, that there is no
evidence that the drugs were diverted,
and that Respondent had ceased this
practice after a patient questioned it.
R.D. 50–51.
I do not take issue with the ALJ’s
conclusions that these factors mitigate
the egregiousness of these violations.
However, here again, the ALJ found that
‘‘Respondent never acknowledged that
[the office manager’s] administration of
controlled substances violated DEA
regulations. . . . Respondent never
showed remorse for aiding and abetting
dispensations by a non-registrant.
Rather, the Respondent denied that
these actions were wrongful.’’ Id. at 46.
The ALJ thus concluded that
‘‘Respondent has not accepted
responsibility for his conduct, even
though he discontinued these practices
[and] . . . Respondent has not rebutted
the Government’s prima facie showing
that the Respondent violated 21 U.S.C.
[§ 841(a)].’’ Id. I agree.
Respondent’s violations in failing to
take a proper inventory and in directing
his unregistered office manager to
administer controlled substances,
coupled with his failure to acknowledge
his misconduct with respect to both
violations, provide additional support
for my decision to suspend
Respondent’s registration for a period of
one year. As for the state court
convictions, because they did not
involve distribution to others and
occurred 17 years ago, I give them only
limited weight in my determination as
to the appropriate sanction.
Accordingly, I will order that
Respondent’s registration be suspended
outright for a period of one year. While
Respondent testified that he no longer
uses controlled substances during his
procedures, if, following termination of
number of units or volume of each container, and
the drug strength, the fact that he had records
showing this information for the various receipts
does not mitigate the violation.
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the suspension, he intends to resume
administering and/or engaging in the
direct dispensing of controlled
substances, Respondent must provide
evidence to the local DEA office that he
has completed a course in controlled
substance recordkeeping prior to doing
so. If Respondent does not provide such
evidence, his registration shall be
restricted to prescribing controlled
substances.
Order
Pursuant to the authority vested in me
by 21 U.S.C. 824(a) as well as 21 CFR
0.100(b), I order that DEA Certificate of
Registration No. BK0639279 issued to
Peter F. Kelly, D.P.M., be, and it hereby
is, suspended for a period of one year.
I further order that upon termination of
the suspension, said registration shall be
restricted to prescribing controlled
substances, until such date that Peter F.
Kelly, D.P.M., provides evidence that he
has completed a course in controlled
substance prescribing. This Order is
effective July 24, 2017.
Dated: June 19, 2017.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2017–13158 Filed 6–22–17; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Federal Bureau of Investigation
[OMB Number 1110–0021]
Agency Information Collection
Activities; Proposed eCollection
eComments; Requested; Extension
Without Change, of a Previously
Approved Collection; FBI National
Academy: End-of-Session Student
Course Questionnaire; FBI National
Academy: General Remarks
Questionnaire
Federal Bureau of
Investigation, Department of Justice.
ACTION: 60-day notice.
AGENCY:
The 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.
DATES: Comments are encouraged and
will be accepted for 60 days until
August 22, 2017.
FOR FURTHER INFORMATION CONTACT:
If you have additional comments
especially on the estimated public
burden or associated response time,
SUMMARY:
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asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 120 / Friday, June 23, 2017 / Notices
suggestions, or need a copy of the
proposed information collection
instrument with instructions or
additional information, please contact
Keith Shirley, Unit Chief, Evaluation
and Assessment Unit, Training Division,
FBI Academy, Federal Bureau of
Investigation, Quantico, Virginia 22135.
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 Bureau of Justice
Statistics, 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 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:
Extension of a currently approved
collection.
2. The Title of the Form/Collection:
FBI National Academy Post—End-ofSession Student Course Questionnaire—
FBI National Academy: General
Remarks Questionnaire
3. The agency form number, if any,
and the applicable component of the
Department sponsoring the collection:
The form is unnumbered. The
applicable component within the
Training Division, Department of Justice
(DOJ), Federal Bureau of Investigation
(FBI)
4. Affected public who will be asked
or required to respond, as well as a brief
abstract: FBI National Academy
students that represent state and local
police and sheriffs’ departments,
military police organizations, and
federal law enforcement agencies from
the United States and over 150 foreign
nations.
This collection is requested by the FBI
National Academy. These
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questionnaires have been designed to
collect feedback from National Academy
graduates and their supervisors to
determine the type of impact the
National Academy program had on their
organization. The results are used to
help determine if the National Academy
program is functioning as intended and
meeting its goals and objectives. We will
utilize the students’ comments to
improve the current curriculum.
5. An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: Approximately 1,000 FBI
National Academy graduates per year
will respond to two types of
questionnaires. (1) FBI National
Academy; End-of-Session Student
Course Questionnaire and (2) FBI
National Academy: General Remarks
Questionnaire. It is predicted we will
receive a 75% response rate for both
questionnaires. Each student will
respond to seven Student Course
questionnaires-one for each course they
completed. The average time for reading
the questionnaire directions is estimated
to be two (2) minutes; the time to
complete each questionnaire is
estimated to be approximately 13
minutes. Thus the total time to complete
one Student Course questionnaire 15
minutes and 105 minutes for all seven
questionnaires.
For the FBI National Academy:
General Remarks Questionnaire,
students will respond to one
questionnaire. The average time for
reading the questionnaire directions is
estimated to be two (2) minutes; the
time to complete the questionnaire is
estimated to be approximately 10
minutes. Thus the total time to complete
the General Remarks Questionnaire is
12 minutes.
6. An estimate of the total public
burden (in hours) associated with the
collection: The estimated public burden
associated with this collection is 1462.5
hours given that approximately 75% of
those surveyed (or 750) will respond.
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., 3E.405A,
Washington, DC 20530.
Dated: June 20, 2017.
Melody Braswell,
Department Clearance Officer for PRA, U.S.
Department of Justice.
[FR Doc. 2017–13177 Filed 6–22–17; 8:45 am]
BILLING CODE 4410–02–P
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28693
DEPARTMENT OF JUSTICE
Privacy Act of 1974; System of
Records
Foreign Claims Settlement
Commission, Department of Justice.
ACTION: Notice of a new system of
records.
AGENCY:
Pursuant to the Privacy Act of
1974, the Foreign Claims Settlement
Commission of the United States
(Commission), Department of Justice,
proposes to establish a new system of
records to enable the Commission to
carry out its statutory responsibility to
receive, examine, adjudicate and render
final decisions with respect to claims for
compensation of individuals pursuant
to the Guam World War II Loyalty
Recognition Act. The system will
include documentation provided by the
claimants as well as background
material that will assist the Commission
in the processing of their claims. The
system will also include the final
decision of the Commission regarding
each claim.
DATES: In accordance with 5 U.S.C.
552a(e)(4) and (11), this system of
records notice is effective upon
publication, with the exception of the
routine uses that are subject to a 30-day
period in which to comment, described
below. Therefore, please submit any
comments by July 24, 2017.
ADDRESSES: The public is invited to
submit any comments via email at
info.fcsc@usdoj.gov or by mail to the
Foreign Claims Settlement Commission,
600 E Street NW., Suite 6002,
Washington, DC 20579.
FOR FURTHER INFORMATION CONTACT:
Jeremy LaFrancois, Chief
Administrative Counsel, Foreign Claims
Settlement Commission, U.S.
Department of Justice, 600 E Street NW.,
Suite 6002, Washington, DC 20579, or
by telephone at (202) 616–6975.
SUPPLEMENTARY INFORMATION: On
December 23, 2016, President Obama
signed into law the Guam World War II
Loyalty Recognition Act, Title XVII,
Public Law 114–328, 130 Stat. 2000,
2641–2647 (2016) (the ‘‘Guam Loyalty
Recognition Act’’ or ‘‘Act’’). The Act
authorizes the Foreign Claims
Settlement Commission of the United
States (Commission) to adjudicate
claims and determine the eligibility of
individuals for payments under the Act,
in recognition of harms suffered by
residents of Guam as a result of the
occupation of Guam by Imperial
Japanese military forces during World
War II.
The system of records covered by this
notice is necessary for the Commission’s
SUMMARY:
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]]>Agencies
[Federal Register Volume 82, Number 120 (Friday, June 23, 2017)]
[Notices]
[Pages 28692-28693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13177]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Federal Bureau of Investigation
[OMB Number 1110-0021]
Agency Information Collection Activities; Proposed eCollection
eComments; Requested; Extension Without Change, of a Previously
Approved Collection; FBI National Academy: End-of-Session Student
Course Questionnaire; FBI National Academy: General Remarks
Questionnaire
AGENCY: Federal Bureau of Investigation, Department of Justice.
ACTION: 60-day notice.
-----------------------------------------------------------------------
SUMMARY: The 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.
DATES: Comments are encouraged and will be accepted for 60 days until
August 22, 2017.
FOR FURTHER INFORMATION CONTACT:
If you have additional comments especially on the estimated public
burden or associated response time,
[[Page 28693]]
suggestions, or need a copy of the proposed information collection
instrument with instructions or additional information, please contact
Keith Shirley, Unit Chief, Evaluation and Assessment Unit, Training
Division, FBI Academy, Federal Bureau of Investigation, Quantico,
Virginia 22135.
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 Bureau of Justice
Statistics, 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 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: Extension of a currently
approved collection.
2. The Title of the Form/Collection: FBI National Academy Post--
End-of-Session Student Course Questionnaire--FBI National Academy:
General Remarks Questionnaire
3. The agency form number, if any, and the applicable component of
the Department sponsoring the collection: The form is unnumbered. The
applicable component within the Training Division, Department of
Justice (DOJ), Federal Bureau of Investigation (FBI)
4. Affected public who will be asked or required to respond, as
well as a brief abstract: FBI National Academy students that represent
state and local police and sheriffs' departments, military police
organizations, and federal law enforcement agencies from the United
States and over 150 foreign nations.
This collection is requested by the FBI National Academy. These
questionnaires have been designed to collect feedback from National
Academy graduates and their supervisors to determine the type of impact
the National Academy program had on their organization. The results are
used to help determine if the National Academy program is functioning
as intended and meeting its goals and objectives. We will utilize the
students' comments to improve the current curriculum.
5. An estimate of the total number of respondents and the amount of
time estimated for an average respondent to respond: Approximately
1,000 FBI National Academy graduates per year will respond to two types
of questionnaires. (1) FBI National Academy; End-of-Session Student
Course Questionnaire and (2) FBI National Academy: General Remarks
Questionnaire. It is predicted we will receive a 75% response rate for
both questionnaires. Each student will respond to seven Student Course
questionnaires-one for each course they completed. The average time for
reading the questionnaire directions is estimated to be two (2)
minutes; the time to complete each questionnaire is estimated to be
approximately 13 minutes. Thus the total time to complete one Student
Course questionnaire 15 minutes and 105 minutes for all seven
questionnaires.
For the FBI National Academy: General Remarks Questionnaire,
students will respond to one questionnaire. The average time for
reading the questionnaire directions is estimated to be two (2)
minutes; the time to complete the questionnaire is estimated to be
approximately 10 minutes. Thus the total time to complete the General
Remarks Questionnaire is 12 minutes.
6. An estimate of the total public burden (in hours) associated
with the collection: The estimated public burden associated with this
collection is 1462.5 hours given that approximately 75% of those
surveyed (or 750) will respond.
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., 3E.405A, Washington, DC 20530.
Dated: June 20, 2017.
Melody Braswell,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2017-13177 Filed 6-22-17; 8:45 am]
BILLING CODE 4410-02-P
