Agency Information Collection Activities; Comment Request; Request for Electronic Service of Orders-Waiver of Certified Mail Requirement, 61323-61324 [2021-24272]

Download as PDF Federal Register / Vol. 86, No. 212 / Friday, November 5, 2021 / Notices jspears on DSK121TN23PROD with NOTICES1 exclusion in assessing egregiousness). As the Chief ALJ noted, ‘‘on the record, the interests of general deterrence, like the egregiousness of the established conduct, support the imposition of the application denial sought by the Government.’’ RD, at 15. D. Letters of Support My final item of consideration is the collection of nineteen letters that Respondent submitted from patients, colleagues, and friends to demonstrate his high level of care as a physician and his commitment to the Hippocratic Oath. Respondent’s Post-Hearing Brief, at 5–8; RX 4. Although I find the letters to be sincere, they can only be of limited weight in this proceeding because of the limited ability to assess the credibility of the letters given their written form. See Michael S. Moore, M.D., 76 FR 45,867, 45,873 (2011) (evaluating the weight to be attached to letters provided by the respondent’s hospital administrators and peers in light of the fact that the authors were not subjected to the rigors of cross examination). Furthermore, these letters were not written for the purposes of recommending that Respondent be granted a controlled substances registration and therefore offer little value in assessing the Respondent’s suitability to discharge the duties of a DEA registrant. William Ralph Kinkaid, M.D., 86 FR 40,636, 40,641 (2021). Instead, Respondent’s letters were used by his criminal defense counsel prior to his sentencing, with most of the letters dated back to 2017. RX 4; Tr. 106–107. Additionally, as the Chief ALJ noted, the ‘‘recognizable pattern’’ of the patient letters, in combination with Respondent’s insistence that there was no suggested format and Respondent’s testimony that he had not solicited patients for the letters, does raise questions as to whether there was any ‘‘coaching or importuning’’ involved in their collection and thus damages their credibility. RD, at 6–7; RX 4Tr. 44–46. The Chief ALJ did note that ‘‘it would be difficult (and unjust) to ignore the volume of support/correspondence from his patients, or the often poignant accounts enshrined within those letters.’’ RD, at 14. I agree and I note that the letters say many positive things about Respondent, however, I find that because Respondent has not demonstrated credible and unequivocal acceptance of responsibility, I cannot place weight on letters written in a different context in demonstrating that Respondent can be entrusted with a DEA registration, when he, himself, has not credibly done so. See Kinkaid, M.D., 86 FR at 40,641. VerDate Sep<11>2014 21:40 Nov 04, 2021 Jkt 256001 As discussed above, to receive a registration when grounds for denial exist, a respondent must convince the Administrator that his acceptance of responsibility is sufficiently credible to demonstrate that the misconduct will not occur and that he can be entrusted with a registration. Having reviewed the record in its entirety, I find that Respondent has not met this burden. Although Respondent expressed remorse and took some responsibility for his actions through his guilty plea and his efforts at remediation, his acceptance of responsibility was not unequivocal. Respondent’s focus on his own consequences and his minimization of his wrongdoings both raise concerns that he does not truly understand the severity of his misconduct. Further, Respondent’s remediation efforts have been minimal and unpersuasive. As such, I am not convinced that Respondent would not commit similar misconduct again in the future if he believed that it would not result in negative consequences. Accordingly, I will order the denial of Respondent’s application for a certificate of registration. Order Pursuant to 28 CFR 0.100(b) and the authority vested in me by 21 U.S.C. 823, I hereby deny the pending application for a Certificate of Registration, Control Number W20041078C, submitted by George Roussis, M.D., as well as any other pending application of George Roussis, M.D., for additional registration in New York. This Order is effective December 6, 2021. Anne Milgram, Administrator. [FR Doc. 2021–24205 Filed 11–4–21; 8:45 am] BILLING CODE 4410–09–P DEPARTMENT OF LABOR Office of Workers’ Compensation Programs Agency Information Collection Activities; Comment Request; Request for Electronic Service of Orders— Waiver of Certified Mail Requirement Division of Federal Employees’, Longshore and Harbor Workers’ Compensation, Office of Workers’ Compensation Programs. ACTION: Notice. AGENCY: The Department of Labor (DOL) is soliciting comments concerning a proposed extension for the authority to conduct the information collection request (ICR) titled, ‘‘Request SUMMARY: PO 00000 Frm 00211 Fmt 4703 Sfmt 4703 61323 for Electronic Service of Orders— Waiver of Certified Mail Requirement.’’ This comment request is part of continuing Departmental efforts to reduce paperwork and respondent burden in accordance with the Paperwork Reduction Act of 1995 (PRA). DATES: Consideration will be given to all written comments received by January 4, 2022. ADDRESSES: A copy of this ICR with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained for free by contacting Anjanette Suggs by telephone at 202– 354–9660 or by email at suggs.anjanette@dol.gov. Submit written comments about this ICR by mail or courier to the U.S. Department of Labor, Office of Workers’ Compensation Programs, Room S3323, 200 Constitution Avenue NW, Washington, DC 20210; or by email at suggs.anjanette@dol.gov. Please note that comments submitted after the comment period will not be considered. FOR FURTHER INFORMATION CONTACT: Anjanette Suggs by telephone at 202– 354–9660 or by email at suggs.anjanette@dol.gov. SUPPLEMENTARY INFORMATION: The DOL, as part of continuing efforts to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and Federal agencies an opportunity to comment on proposed and/or continuing collections of information before submitting them to the OMB for final approval. This program helps to ensure requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements can be properly assessed. The Office of Workers’ Compensation Programs administers the Longshore and Harbor Workers’ Compensation Act. The Act provides benefits to workers injured in maritime employment on the navigable waters of the United States or in an adjoining area customarily used by an employer in loading, unloading, repairing, or building a vessel. In addition, several acts extend the Longshore Act’s coverage to certain other employees. The Longshore and Harbor Workers’ Compensation Act (LHWCA), at 33 U.S.C. 919(e), requires that any order rejecting or making an LHWCA award (the compensation order) be filed in the appropriate district director’s office of E:\FR\FM\05NON1.SGM 05NON1 jspears on DSK121TN23PROD with NOTICES1 61324 Federal Register / Vol. 86, No. 212 / Friday, November 5, 2021 / Notices the Office of Workers’ Compensation Programs (OWCP), and that copies be sent by registered or certified mail to the claimant and the employer. The implementing regulations at 20 CFR 702.349(b) allow parties and their representatives to waive certified mail service and consent to electronic service instead. The compensation order notifies Employers/Carriers that payment of LHWCA compensation is due within 10 days of filing. If compensation is not paid within that time frame, an additional 20% in compensation must be paid [see LHWCA 914(f)]. The information collected will be used by OWCP to more efficiently serve compensation orders by email instead of by registered or certified mail. Form LS– 801 will be completed by the employer/ insurance carrier and/or an authorized representative and forwarded to the District Director indicating waiver of service by registered or certified mail and designation of receipt by email instead. The LS–802 will be completed by the claimants and/or an authorized representative and forwarded to the District Director indicating waiver of service by registered or certified mail and designation of receipt by email instead. This information collection is currently approved for use through April 30, 2022. Legal authority for this information collection is found at 33 U.S.C. 919(e). Regulatory authority is found at 20 CFR 702.349(b) . This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless the OMB under the PRA approves it and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information that does not display a valid Control Number. See 5 CFR 1320.5(a) and 1320.6. Interested parties are encouraged to provide comments to the contact shown in the ADDRESSES section. Written comments will receive consideration, and summarized and included in the request for OMB approval of the final ICR. In order to help ensure appropriate consideration, comments should mention OMB No. 1240–0053. Submitted comments will also be a matter of public record for this ICR and posted on the internet, without redaction. The DOL encourages commenters not to include personally identifiable information, confidential VerDate Sep<11>2014 21:40 Nov 04, 2021 Jkt 256001 business data, or other sensitive statements/information in any comments. The DOL is particularly interested in comments that: • 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. Agency: DOL-Office of Workers’ Compensation Programs, DFELHWC. Type of Review: Extension of currently approved collection. Title of Collection: Request for Electronic Service of Orders—Waiver of Certified Mail Requirement. Form: LS–801, LS–802, Waiver of Service by Registered or Certified Mail for Employers and/or Insurance Carriers, Waiver of Service by Registered or Certified Mail for Claimants and Authorized Representatives. OMB Control Number: 1240–0053. Affected Public: Private Sector. Estimated Number of Respondents: 9,240. Frequency: On occasion. Total Estimated Annual Responses: 9,240. Estimated Average Time per Response: 5 minutes. Estimated Total Annual Burden Hours: 767 hours. Total Estimated Annual Other Cost Burden: $0. OFFICE OF MANAGEMENT AND BUDGET Senior Executive Service Performance Review Board Membership AGENCY: Office of Management and Budget. ACTION: Notice. The Office of Management and Budget (OMB) publishes the names of the members selected to serve on its Senior Executive Service (SES) Performance Review Board (PRB). This notice supersedes all previous notices of the PRB membership. SUMMARY: DATES: Applicable: November 1, 2021. FOR FURTHER INFORMATION CONTACT: Sarah Whittle Spooner, Assistant Director for Management and Operations, Office of Management and Budget, 725 17th Street NW, Washington, DC 20503, 202–395–7402. Section 4314(c) of Title 5, U.S.C. requires each agency to establish, in accordance with regulations prescribed by the Office of Personnel Management, one or more PRBs. The PRB shall review and evaluate the initial appraisal of a senior executive’s performance by the supervisor, along with any response by the senior executive, and make recommendations to the final rating authority relative to the performance of the senior executive. The persons named below have been selected to serve on OMB’s PRB. SUPPLEMENTARY INFORMATION: Rachel L. Wallace, Chief of Staff David C. Connolly, Chief, Transportation and Services Branch, General Government Programs Alexander T. Hunt, Chief, Information Policy Branch, Office of Information and Regulatory Affairs Adrienne E. Lucas, Deputy Associate Director for Natural Resources Division David J. Rowe, Deputy Assistant Director for Budget Sarah Whittle Spooner, Assistant Director for Management and Operations Sarah Whittle Spooner, Assistant Director for Management and Operations. [FR Doc. 2021–24127 Filed 11–4–21; 8:45 am] BILLING CODE 3110–01–P (Authority: 44 U.S.C. 3506(c)(2)(A)) Anjanette Suggs, Agency Clearance Officer. [FR Doc. 2021–24272 Filed 11–4–21; 8:45 am] BILLING CODE 4510–CF–P PO 00000 Frm 00212 Fmt 4703 Sfmt 9990 E:\FR\FM\05NON1.SGM 05NON1

Agencies

[Federal Register Volume 86, Number 212 (Friday, November 5, 2021)]
[Notices]
[Pages 61323-61324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24272]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Office of Workers' Compensation Programs


Agency Information Collection Activities; Comment Request; 
Request for Electronic Service of Orders--Waiver of Certified Mail 
Requirement

AGENCY: Division of Federal Employees', Longshore and Harbor Workers' 
Compensation, Office of Workers' Compensation Programs.

ACTION: Notice.

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

SUMMARY: The Department of Labor (DOL) is soliciting comments 
concerning a proposed extension for the authority to conduct the 
information collection request (ICR) titled, ``Request for Electronic 
Service of Orders--Waiver of Certified Mail Requirement.'' This comment 
request is part of continuing Departmental efforts to reduce paperwork 
and respondent burden in accordance with the Paperwork Reduction Act of 
1995 (PRA).

DATES: Consideration will be given to all written comments received by 
January 4, 2022.

ADDRESSES: A copy of this ICR with applicable supporting documentation; 
including a description of the likely respondents, proposed frequency 
of response, and estimated total burden may be obtained for free by 
contacting Anjanette Suggs by telephone at 202-354-9660 or by email at 
[email protected].
    Submit written comments about this ICR by mail or courier to the 
U.S. Department of Labor, Office of Workers' Compensation Programs, 
Room S3323, 200 Constitution Avenue NW, Washington, DC 20210; or by 
email at [email protected]. Please note that comments submitted 
after the comment period will not be considered.

FOR FURTHER INFORMATION CONTACT: Anjanette Suggs by telephone at 202-
354-9660 or by email at [email protected].

SUPPLEMENTARY INFORMATION: The DOL, as part of continuing efforts to 
reduce paperwork and respondent burden, conducts a pre-clearance 
consultation program to provide the general public and Federal agencies 
an opportunity to comment on proposed and/or continuing collections of 
information before submitting them to the OMB for final approval. This 
program helps to ensure requested data can be provided in the desired 
format, reporting burden (time and financial resources) is minimized, 
collection instruments are clearly understood, and the impact of 
collection requirements can be properly assessed.
    The Office of Workers' Compensation Programs administers the 
Longshore and Harbor Workers' Compensation Act. The Act provides 
benefits to workers injured in maritime employment on the navigable 
waters of the United States or in an adjoining area customarily used by 
an employer in loading, unloading, repairing, or building a vessel. In 
addition, several acts extend the Longshore Act's coverage to certain 
other employees.
    The Longshore and Harbor Workers' Compensation Act (LHWCA), at 33 
U.S.C. 919(e), requires that any order rejecting or making an LHWCA 
award (the compensation order) be filed in the appropriate district 
director's office of

[[Page 61324]]

the Office of Workers' Compensation Programs (OWCP), and that copies be 
sent by registered or certified mail to the claimant and the employer. 
The implementing regulations at 20 CFR 702.349(b) allow parties and 
their representatives to waive certified mail service and consent to 
electronic service instead. The compensation order notifies Employers/
Carriers that payment of LHWCA compensation is due within 10 days of 
filing. If compensation is not paid within that time frame, an 
additional 20% in compensation must be paid [see LHWCA 914(f)].
    The information collected will be used by OWCP to more efficiently 
serve compensation orders by email instead of by registered or 
certified mail. Form LS-801 will be completed by the employer/insurance 
carrier and/or an authorized representative and forwarded to the 
District Director indicating waiver of service by registered or 
certified mail and designation of receipt by email instead. The LS-802 
will be completed by the claimants and/or an authorized representative 
and forwarded to the District Director indicating waiver of service by 
registered or certified mail and designation of receipt by email 
instead. This information collection is currently approved for use 
through April 30, 2022.
    Legal authority for this information collection is found at 33 
U.S.C. 919(e).
    Regulatory authority is found at 20 CFR 702.349(b) .
    This information collection is subject to the PRA. A Federal agency 
generally cannot conduct or sponsor a collection of information, and 
the public is generally not required to respond to an information 
collection, unless the OMB under the PRA approves it and displays a 
currently valid OMB Control Number. In addition, notwithstanding any 
other provisions of law, no person shall generally be subject to 
penalty for failing to comply with a collection of information that 
does not display a valid Control Number. See 5 CFR 1320.5(a) and 
1320.6.
    Interested parties are encouraged to provide comments to the 
contact shown in the ADDRESSES section. Written comments will receive 
consideration, and summarized and included in the request for OMB 
approval of the final ICR. In order to help ensure appropriate 
consideration, comments should mention OMB No. 1240-0053.
    Submitted comments will also be a matter of public record for this 
ICR and posted on the internet, without redaction. The DOL encourages 
commenters not to include personally identifiable information, 
confidential business data, or other sensitive statements/information 
in any comments.
    The DOL is particularly interested in comments that:
     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.
    Agency: DOL-Office of Workers' Compensation Programs, DFELHWC.
    Type of Review: Extension of currently approved collection.
    Title of Collection: Request for Electronic Service of Orders--
Waiver of Certified Mail Requirement.
    Form: LS-801, LS-802, Waiver of Service by Registered or Certified 
Mail for Employers and/or Insurance Carriers, Waiver of Service by 
Registered or Certified Mail for Claimants and Authorized 
Representatives.
    OMB Control Number: 1240-0053.
    Affected Public: Private Sector.
    Estimated Number of Respondents: 9,240.
    Frequency: On occasion.
    Total Estimated Annual Responses: 9,240.
    Estimated Average Time per Response: 5 minutes.
    Estimated Total Annual Burden Hours: 767 hours.
    Total Estimated Annual Other Cost Burden: $0.

(Authority: 44 U.S.C. 3506(c)(2)(A))

Anjanette Suggs,
Agency Clearance Officer.
[FR Doc. 2021-24272 Filed 11-4-21; 8:45 am]
BILLING CODE 4510-CF-P


This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.