80 FR 73834 - Agency Information Collection Activities; Proposed eCollection, eComments Requested; Extension Without Change of a Previously Approved Collection; Collection of Laboratory Analysis Data on Drug Samples Tested by Non-Federal (State and Local Government) Crime Laboratories

DEPARTMENT OF JUSTICE

Federal Register Volume 80, Issue 227 (November 25, 2015)

Page Range		73834-73835
FR Document		2015-29980

The Department of Justice (DOJ), Drug Enforcement Administration (DEA), 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.

Federal Register, Volume 80 Issue 227 (Wednesday, November 25, 2015)

[Federal Register Volume 80, Number 227 (Wednesday, November 25, 2015)]
[Notices]
[Pages 73834-73835]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29980]


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DEPARTMENT OF JUSTICE

[OMB Number 1117-0034]


Agency Information Collection Activities; Proposed eCollection, 
eComments Requested; Extension Without Change of a Previously Approved 
Collection; Collection of Laboratory Analysis Data on Drug Samples 
Tested by Non-Federal (State and Local Government) Crime Laboratories

AGENCY: Drug Enforcement Administration, Department of Justice.

ACTION: 60-day Notice.

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

SUMMARY: The Department of Justice (DOJ), Drug Enforcement 
Administration (DEA), 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 
January 25, 2016.

FOR FURTHER INFORMATION CONTACT: If you have comments on the estimated 
public burden or associated response time, suggestions, or need a copy 
of the proposed information collection

[[Page 73835]]

instrument with instructions or additional information, please contact 
Barbara J. Boockholdt, Office of Diversion Control, Drug Enforcement 
Administration; Mailing Address: 8701 Morrissette Drive, Springfield, 
Virginia 22152; Telephone: (202) 598-6812.

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;
--Evaluate whether and if so how the quality, utility, and clarity of 
the information proposed 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 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: Collection of Laboratory Analysis 
Data on Drug Samples Tested by Non-Federal (State and Local Government) 
Crime Laboratories.
    3. The agency form number, if any, and the applicable component of 
the Department sponsoring the collection: There are no applicable forms 
associated with this collection. The applicable component within the 
Department of Justice is the Drug Enforcement Administration, Office of 
Diversion Control.
    4. Affected public who will be asked or required to respond, as 
well as a brief abstract:
    Affected public (Primary): Business or other for-profit.
    Affected public (Other): Not-for-profit institutions; Federal, 
State, local, and tribal governments.
    Abstract: This collection provides the Drug Enforcement 
Administration (DEA) with a national database on analyzed drug evidence 
from non-federal laboratories. Information from this database is 
combined with the other existing databases to develop more accurate, 
up-to-date information on abused drugs. This database represents a 
voluntary, cooperative effort on the part of participating laboratories 
to provide a centralized source of analyzed drug data.
    5. An estimate of the total number of respondents and the amount of 
time estimated for an average respondent to respond: The DEA estimates 
that 140 persons annually for this collection at 1.6 hour per 
respondent, for an annual burden of 218 hours.
    6. An estimate of the total public burden (in hours) associated 
with the proposed collection: The DEA estimates that this collection 
takes 218 annual burden hours.
    If additional information is required please 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., Suite 3E.405B, Washington, DC 
20530.

    Dated: November 20, 2015.
Jerri Murray,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2015-29980 Filed 11-24-15; 8:45 am]
BILLING CODE 4410-09-P

73834 Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices

represents that since the date of service, the registrant . . . has had his State Because Registrant currently lacks
neither Registrant, nor any person license or registration suspended [or] authority to dispense controlled
purporting to represent him, has revoked . . . by competent State substances in Illinois, the State in which
requested a hearing or submitted a authority and is no longer authorized by he holds his DEA registration, I will
written statement while waiving his State law to engage in the . . . order that his registration be revoked
right to a hearing. See Govt. Req. for dispensing of controlled substances.’’ and that any pending applications be
Final Agency Action, at 3–4. Because Moreover, DEA has repeatedly held that denied.
more than thirty (30) days have now the possession of authority to dispense
passed since the date of service of the controlled substances under the laws of Order
Show Cause Order and Registrant has the State in which a practitioner engages Pursuant to the authority vested in me
neither requested a hearing nor in professional practice is a by 21 U.S.C. 823(f) and 824(a), as well
submitted a written statement in lieu of fundamental condition for obtaining as 21 CFR 0.100(b), I order that DEA
a hearing, I find that he has waived his and maintaining a practitioner’s Certificate of Registration AM1585770,
right to either request a hearing or to registration. See James L. Hooper, 76 FR issued to William Mikaitis, M.D., be,
submit a written statement. 21 CFR 71371 (2011), pet. for rev. denied, 481 and it hereby is, revoked. I further order
1301.43(d). I therefore issue this Fed. App’x 826 (4th Cir. 2012). that any pending application of William
Decision and Final Order based on the This rule derives from the text of two Mikaitis, M.D., to renew or modify his
record submitted by the Government. Id. provisions of the CSA. First, Congress registration, as well as any other
§ 1301.43(e). I make the following defined ‘‘the term ‘practitioner’ [to] pending application of William
findings. mean [ ] a . . . physician . . . or other Mikaitis, M.D., for a DEA Certificate of
person licensed, registered or otherwise Registration, be, and it hereby is,
Findings permitted, by . . . the jurisdiction in denied. This Order is effective
Registrant is the holder of DEA which he practices . . . to distribute, immediately.2
Certificate of Registration AM1585770, dispense, [or] administer . . . a Dated: November 17, 2015
pursuant to which he is authorized to controlled substance in the course of
dispense controlled substances in Chuck Rosenberg,
professional practice.’’ 21 U.S.C.
schedules II–V as a practitioner, at the 802(21). Second, in setting the Acting Administrator.
registered address of 1206 E. 9th St., requirements for obtaining a [FR Doc. 2015–29935 Filed 11–24–15; 8:45 am]
Suite 210, Lockport, Illinois. GX 2. His practitioner’s registration, Congress BILLING CODE 4410–09–P
registration does not expire until directed that ‘‘[t]he Attorney General
January 31, 2018. Id. shall register practitioners . . . to
On March 5, 2015, the Illinois dispense . . . controlled substances DEPARTMENT OF JUSTICE
Department of Financial and . . . if the applicant is authorized to [OMB Number 1117–0034]
Professional Regulation, Division of dispense . . . controlled substances
Professional Regulation, ordered the under the laws of the State in which he Agency Information Collection
suspension of Respondent’s Illinois practices.’’ 21 U.S.C. 823(f). Because Activities; Proposed eCollection,
Physician and Surgeon License, as well Congress has clearly mandated that a eComments Requested; Extension
as his state Controlled Substance practitioner possess state authority in Without Change of a Previously
Licenses, pending proceedings before order to be deemed a practitioner under Approved Collection; Collection of
the Department of Financial and the Act, DEA has long held that the Laboratory Analysis Data on Drug
Professional Regulation and the Medical revocation of a practitioner’s registration Samples Tested by Non-Federal (State
Disciplinary Board of the State. GX 4 at is the appropriate sanction whenever he and Local Government) Crime
1. I take official notice that as of this is no longer authorized to dispense Laboratories
date, the public Web site maintained by controlled substances under the laws of
the Illinois Department of Financial and the State in which he practices AGENCY: Drug Enforcement
Professional Regulation shows that medicine. See, e.g., Calvin Ramsey, 76 Administration, Department of Justice.
Registrant’s Physician and Surgeon FR 20034, 20036 (2011); Sheran Arden ACTION: 60-day Notice.
License as well as his Illinois Controlled Yeates, M.D., 71 FR 39130, 39131 SUMMARY: The Department of Justice
Substance Licenses remain suspended (2006); Dominick A. Ricci, 58 FR 51104, (DOJ), Drug Enforcement
based on the State’s allegations that he 51105 (1993); Bobby Watts, 53 FR Administration (DEA), will be
engaged in ‘‘unprofessional conduct, 11919, 11920 (1988). submitting the following information
aid[ed] and abet[ed] [the] unlicensed This is so even where a state board
collection request to the Office of
practice of medicine and [committed] has suspended a practitioner’s authority
Management and Budget (OMB) for
multiple violations of the Controlled prior to providing the practitioner with
review and approval in accordance with
Substance Act.’’ 1 See https:// a hearing to contest the board’s
the Paperwork Reduction Act of 1995.
ilesonline.idfpr.illinois.gov/DPR/ allegations. See Gary Alfred Shearer, 78
FR 19009 (2013) (holding that DATES: Comments are encouraged and
Lookup/LicenseLookup.aspx.
revocation is warranted even where a will be accepted for 60 days until
Discussion state order has summarily suspended a January 25, 2016.
Pursuant to 21 U.S.C. 824(a)(3), the practitioner’s controlled substances FOR FURTHER INFORMATION CONTACT: If
Attorney General is authorized to authority and the state agency’s order you have comments on the estimated
suspend or revoke a registration issued remains subject to challenge in either public burden or associated response
tkelley on DSK3SPTVN1PROD with NOTICES

under section 823, ‘‘upon a finding that administrative or judicial proceedings); time, suggestions, or need a copy of the
see also Bourne Pharmacy, Inc., 72 FR proposed information collection
1 Under the Administrative Procedure Act (APA), 18273, 18274 (2007); Winfield Drugs,
an agency ‘‘may take official notice of facts at any Inc., 52 FR 27070 (1987). Accordingly, 2 Based on the State’s finding ‘‘that Respondent’s

stage in a proceeding—even in the final decision.’’ actions constitute an immediate danger to the
U.S. Dept. of Justice, Attorney General’s Manual on
consistent with agency precedent, the public,’’ I conclude that the public interest
the Administrative Procedure Act 80 (1947) (Wm. revocation of Registrant’s registration is necessitates that this Order be effective
W. Gaunt & Sons, Inc., Reprint 1979). warranted. immediately. 21 CFR 1316.67.

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Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices 73835

instrument with instructions or this database is combined with the other Under the proposed Settlement
additional information, please contact existing databases to develop more Agreement, ATP agrees to a final civil
Barbara J. Boockholdt, Office of accurate, up-to-date information on penalty judgment of $38 million for
Diversion Control, Drug Enforcement abused drugs. This database represents multiple alleged violations of the Clean
Administration; Mailing Address: 8701 a voluntary, cooperative effort on the Water Act. The penalty judgment will
Morrissette Drive, Springfield, Virginia part of participating laboratories to be treated as an allowed unsecured
22152; Telephone: (202) 598–6812. provide a centralized source of analyzed claim in ATP’s bankruptcy proceeding.
SUPPLEMENTARY INFORMATION: drug data. A prior settlement approved by the
Written comments and suggestions 5. An estimate of the total number of district court in May 2015 resolved the
from the public and affected agencies respondents and the amount of time claims against ATP–IP and secured
concerning the proposed collection of estimated for an average respondent to penalties as well as OCSLA and CWA
information are encouraged. Your respond: The DEA estimates that 140 injunctive relief related to the safe
comments should address one or more persons annually for this collection at future operation of the ATP Innovator in
of the following four points: 1.6 hour per respondent, for an annual
U.S. waters.
—Evaluate whether the proposed burden of 218 hours.
collection of information is necessary 6. An estimate of the total public The publication of this notice opens
for the proper performance of the burden (in hours) associated with the a period for public comment on the
functions of the agency, including proposed collection: The DEA estimates proposed Settlement Agreement.
whether the information will have that this collection takes 218 annual Comments should be addressed to the
practical utility; burden hours. Assistant Attorney General,
—Evaluate the accuracy of the agency’s If additional information is required Environment and Natural Resources
estimate of the burden of the please contact: Jerri Murray, Department Division, and should refer to United
proposed collection of information, Clearance Officer, United States States v. ATP Oil & Gas Corp. et al.
including the validity of the Department of Justice, Justice (Civil Action No. 2:13-cv-0262), D.J. Ref.
methodology and assumptions used; Management Division, Policy and No. 90–5–1–1–10681/1. All comments
—Evaluate whether and if so how the Planning Staff, Two Constitution must be submitted no later than thirty
quality, utility, and clarity of the Square, 145 N Street NE., Suite 3E.405B, (30) days after the publication date of
information proposed to be collected Washington, DC 20530. this notice. Comments may be
can be enhanced; and
—Minimize the burden of the collection Dated: November 20, 2015. submitted either by email or by mail:
of information on those who are to Jerri Murray,
To submit
respond, including through the use of Department Clearance Officer for PRA, U.S. comments: Send them to:
appropriate automated, electronic, Department of Justice.
mechanical, or other forms of [FR Doc. 2015–29980 Filed 11–24–15; 8:45 am] By e-mail ...... pubcomment-ees.enrd@
information technology, e.g., BILLING CODE 4410–09–P usdoj.gov.
permitting electronic submission of By mail ......... Assistant Attorney General
responses. U.S. DOJ–ENRD
DEPARTMENT OF JUSTICE P.O. Box 7611
Overview of this information collection Washington, D.C. 20044–
1. Type of Information Collection: Notice of Lodging of Proposed 7611.
Extension of a currently approved Settlement Agreement Under the Clean
collection. Water Act During the public comment period,
2. Title of the Form/Collection: the proposed Settlement Agreement
Collection of Laboratory Analysis Data Notice is hereby given that, for a
period of 30 days, the United States will may be examined and downloaded at
on Drug Samples Tested by Non-Federal this Justice Department Web site:
(State and Local Government) Crime receive public comments on a proposed
Settlement Agreement and Final http://www.justice.gov/enrd/consent-
Laboratories. decrees. We will provide a paper copy
3. The agency form number, if any, Judgment on Consent (‘‘Settlement
Agreement’’) in United States v. ATP of the proposed Consent Decree upon
and the applicable component of the
Oil & Gas Corp. et al. (Civil Action No. written request and payment of
Department sponsoring the collection:
There are no applicable forms 2:13-cv-0262), which was lodged with reproduction costs. Please mail your
associated with this collection. The the United States District Court for the request and payment to: Consent Decree
applicable component within the Eastern District of Louisiana on Library,U.S. DOJ–ENRD,P.O. Box
Department of Justice is the Drug November 19, 2015. 7611,Washington, DC 20044–7611.
Enforcement Administration, Office of The Complaint in this case was filed Please enclose a check or money order
Diversion Control. against ATP Oil & Gas Corporation for $3.75 (25 cents per page
4. Affected public who will be asked (‘‘ATP’’) and ATP Infrastructure reproduction cost) payable to the United
or required to respond, as well as a brief Partners, LP (‘‘ATP–IP’’) in February States Treasury.
abstract: 2013. The Complaint seeks civil
Affected public (Primary): Business or penalties and injunctive relief under the Thomas P. Carroll,
other for-profit. Clean Water Act (‘‘CWA’’) and Assistant Section Chief, Environmental
Affected public (Other): Not-for-profit injunctive relief under the Outer Enforcement Section, Environment and
tkelley on DSK3SPTVN1PROD with NOTICES

institutions; Federal, State, local, and Continental Shelf Lands Act (‘‘OCSLA’’) Natural Resources Division.
tribal governments. related to unauthorized discharges of oil [FR Doc. 2015–30053 Filed 11–24–15; 8:45 am]
Abstract: This collection provides the and chemicals from an oil platform, the BILLING CODE 4410–15–P
Drug Enforcement Administration ATP Innovator, into the Gulf of Mexico.
(DEA) with a national database on ATP is going through a Chapter 7
analyzed drug evidence from non- bankruptcy proceeding and is no longer
federal laboratories. Information from operating.

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Document Created: 2018-03-01 11:14:42
Document Modified: 2018-03-01 11:14:42

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		60-day Notice.
Dates		Comments are encouraged and will be accepted for 60 days until January 25, 2016.
Contact		If you have comments 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 Barbara J. Boockholdt, Office of Diversion Control, Drug Enforcement
FR Citation		80 FR 73834