81 FR 3159 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Revision of a Previously Approved Collection

DEPARTMENT OF JUSTICE

Federal Register Volume 81, Issue 12 (January 20, 2016)

Page Range		3159-3160
FR Document		2016-00942

The Department of Justice, Federal Bureau of Investigation, Critical Incident Response Group will submit the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with established review procedures of the Paperwork Reduction Act of 1995.

Federal Register, Volume 81 Issue 12 (Wednesday, January 20, 2016)

[Federal Register Volume 81, Number 12 (Wednesday, January 20, 2016)]
[Notices]
[Pages 3159-3160]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00942]


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DEPARTMENT OF JUSTICE

[OMB Number 1110-0011]


Agency Information Collection Activities; Proposed eCollection 
eComments Requested; Revision of a Previously Approved Collection

AGENCY: Federal Bureau of Investigation, Department of Justice Violent 
Criminal Apprehension Program (ViCAP).

ACTION: 60-day notice.

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[[Page 3160]]

SUMMARY: The Department of Justice, Federal Bureau of Investigation, 
Critical Incident Response Group will submit the following information 
collection request to the Office of Management and Budget (OMB) for 
review and clearance in accordance with established review procedures 
of the Paperwork Reduction Act of 1995.

DATES: Comments are encouraged and will be accepted for 60 days until 
March 21, 2016.

FOR FURTHER INFORMATION CONTACT: All comments, suggestions, or 
questions regarding additional information, to include obtaining a copy 
of the proposed information collection instrument with instructions, 
should be directed to Lesa Marcolini, Program Manager, Federal Bureau 
of Investigation, Critical Incident Response Group, ViCAP, FBI Academy, 
Quantico, Virginia 22135; facsimile (703) 632-4239.

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: Revision of a currently approved 
collection.
    2. The Title of the Form/Collection: ViCAP Case Submission Form.
    3. The agency form number, if any, and the applicable component of 
the Department sponsoring the collection: The form number is FD-676. 
The applicable component within the Department of Justice is the 
Federal Bureau of Investigation.
    4. Affected public who will be asked or required to respond, as 
well as a brief abstract: Primary: Federal, state, local, and tribal 
government law enforcement agencies charged with the responsibility of 
investigating violent crimes.
    Abstract: Established by the Department of Justice in 1985, ViCAP 
serves as the national repository for violent crimes; specifically;
    Homicides (and attempts) that are known or suspected to be part of 
a series and/or are apparently random, motiveless, or sexually 
oriented.
    Sexual assaults that are known or suspected to be part of a series 
and/or are committed by a stranger.
    Missing persons where the circumstances indicate a strong 
possibility of foul play and the victim is still missing.
    Unidentified human remains where the manner of death is known or 
suspected to be homicide.
    Comprehensive case information submitted to ViCAP is maintained in 
the ViCAP Web National Crime Database and is automatically compared to 
all other cases in the databases to identify potentially related cases.
    5. An estimate of the total number of respondents and the amount of 
time estimated for an average respondent to respond: Of the 
approximately 18,000 government law enforcement agencies that are 
eligible to submit cases, it is estimated that thirty to fifty percent 
will actually submit cases to ViCAP. The time burden of the respondents 
is less than 60 minutes per form.
    6. An estimate of the total public burden (in hours) associated 
with the collection: 5,000 annual burden hours.
    If additional information is required 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., 3E.405B, Washington, DC 20530.

    Dated: January 14, 2016.
Jerri Murray,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2016-00942 Filed 1-19-16; 8:45 am]
BILLING CODE 4410-02-P

Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Notices 3159

On October 27, 2015, the Government In revocation cases, the Government Kennard Kobrin, M.D., 70 FR 33199
filed a Motion for Summary Disposition has the burden of proving that the (2005)). Therefore, the Respondent’s
Based on Respondent’s Lack of State requirements for revocation are request to stay the proceedings pending
Authorization to Handle Controlled satisfied. 21 CFR 1301.44(e) (2015). The the CDCP’s final decision is denied.
Substances and Submission of Evidence Government also bears the initial The disposition of the Government’s
in Support of Such Motion (‘‘Motion for burden of production. If the Motion depends on whether the
Summary Disposition’’). Therein, the Government makes a prima facie case Respondent possesses state authority to
Government argued that the Respondent for revocation, the burden of production handle controlled substances. The
currently lacks state authority in shifts to the registrant to show that administrative record establishes that he
Massachusetts and Connecticut to revocation is inappropriate. Morall v. does not. The CDCP’s Order of
handle controlled substances. Mot. for DEA, 412 F.3d 165, 174 (D.C. Cir. 2005). Immediate Suspension of Controlled
Summ. Disp. at 3. First, the Government To maintain a DEA registration, a Substance Registration No. 22241
argued that the Respondent voluntarily practitioner must be currently establishes that his Connecticut
agreed with the Massachusetts Board of authorized to handle controlled controlled substances registration
Registration in Medicine substances in the jurisdiction where he currently is suspended. Accordingly,
(‘‘Massachusetts Board’’) to refrain from practices. See 21 U.S.C. 802(21), 823(f) the Respondent lacks authorization to
practicing medicine. Mot. for Summ. (2012). A registrant must possess state handle controlled substances in
Disp. at 2. Attached to the Government’s authority to dispense controlled Connecticut, where DEA COR Number
Motion is a copy of the Voluntary substances in order to obtain and FA3033002 is registered. Additionally,
Agreement Not to Practice Medicine, maintain DEA registration. E.g., Serenity the Massachusetts Voluntary Agreement
entered into by the Respondent and the Café, 77 FR 35027, 35028 (2012). Not to Practice Medicine establishes
Massachusetts Board. Mot. for Summ. Accordingly, the Controlled Substances that the Respondent currently lacks
Disp. Ex. C, at 3–4. Second, the Act ‘‘requires the revocation of a authorization to handle controlled
Government argued that the registration issued to a practitioner substances in Massachusetts, where
Respondent’s Connecticut controlled whose State license has been suspended DEA COR Number BA4089721 is
substance registration was suspended or revoked.’’ Scott Sandarg, D.M.D., 74 registered.
because the Respondent made false FR 17528, 17529 (2009). Where there is no genuine question of
statements in his renewal application. The Respondent argues that his COR fact, or there is agreement upon the
Mot. for Summ. Disp. at 2. Attached to should not be revoked because the material facts, a plenary, adversarial
the Government’s Motion is the CDCP may restore his Connecticut hearing is not required. See, e.g., Jesus
Connecticut Department of Consumer registration. However, ‘‘it does not R. Juarez, M.D., 62 FR 14945 (1997).
Protection’s (‘‘CDCP’’) Order of matter whether the suspension . . . [is] Thus, summary disposition is warranted
Immediate Suspension of Controlled pending the outcome of a state here because ‘‘there is no factual dispute
Substance Registration No. 22241. Mot. proceeding. Rather, what matters—as of substance.’’ See Veg-Mix, Inc., 832
for Summ. Disp. Ex. D, at 1–2. DEA has repeatedly held—is whether F.2d 601, 607 (D.C. Cir. 1987). As of the
On November 4, 2015, the Respondent is without authority under date of this Recommended Decision, the
Respondent’s counsel filed an [state] law to dispense a controlled Respondent currently lacks state
Affirmation in Opposition substance.’’ Bourne Pharmacy, Inc., 72 authority to handle controlled
(‘‘Respondent’s Reply’’). In his Reply, FR 18273, 18274 (2007); see also Grider substances in both Connecticut and
the Respondent’s counsel asserted that, Drug #1 & Grider Drug #2, 77 FR 44069, Massachusetts; therefore, he cannot
although the Respondent’s Connecticut 44104 n.97 (2012). maintain his DEA registrations. The
controlled substance registration The Respondent requested a stay of Government’s Motion for Summary
currently is suspended, the CDCP these proceedings until the CDCP Disposition is granted, and it is
conducted a hearing on September 17, reaches a final decision regarding his recommended that the Respondent’s
2015, regarding the suspension. Resp’t Connecticut registration. Req. for Hr’g at DEA registrations be revoked and any
Reply at 1–2. The Respondent’s counsel 2; Resp’t Reply at 8. This Agency pending applications for renewal be
asserted that the CDCP’s final decision routinely denies ‘‘requests to stay the denied.
may change his registration status. issuance of a final order of revocation
Resp’t Reply at 1–2, 7–8. The Dated: November 6, 2015
. . . [because] a practitioner must be
Respondent’s counsel also asserted that, Charles Wm. Dorman,
currently authorized to handle
although the Respondent signed an controlled substances . . . to maintain Administrative Law Judge.
agreement not to practice in [his] DEA registration.’’ Gregory F. [FR Doc. 2016–00895 Filed 1–19–16; 8:45 am]
Massachusetts, that agreement was Saric, M.D., 76 FR 16821 (2011) BILLING CODE 4410–09–P
predicated on the suspension of the (emphasis added) (internal quotations
Respondent’s Rhode Island license, and and citations omitted). Because
that his Rhode Island license may be evaluating ‘‘whether Respondent’s state DEPARTMENT OF JUSTICE
restored.3 Resp’t Reply at 4–5, 7. license will be re-instated is entirely [OMB Number 1110–0011]
speculative,’’ id., ‘‘[i]t is not DEA’s
3 The Respondent asserts that he entered a
policy to stay proceedings . . . while Agency Information Collection
voluntary agreement suspending his Massachusetts
license because his Rhode Island license was registrants litigate in other forums.’’ Activities; Proposed eCollection
suspended. Resp’t Reply at 4–6. The Respondent Newcare Home Health Servs., 72 FR eComments Requested; Revision of a
also asserts that he requested a hearing on the 42126, 42127 n.2 (2007) (citing Bourne Previously Approved Collection
tkelley on DSK4VPTVN1PROD with NOTICES

suspension of his Rhode Island license, but has not Pharmacy, 72 FR at 18273; Oakland
challenged his Massachusetts license’s suspension.
Med. Pharmacy, 71 FR 50100 (2006); AGENCY: Federal Bureau of
Req. for Hr’g at 1; Resp’t Reply at 7. This case, Investigation, Department of Justice
however, do not address any DEA registration to
dispense controlled substances in Rhode Island. (noting that ‘‘a registrant’s controlled substance Violent Criminal Apprehension Program
Thus, the status of the Respondent’s Rhode Island privileges in a state outside the state of his DEA (ViCAP).
license is not considered here. See Brian Earl registration [are] irrelevant’’) (citing Shahid Musud ACTION: 60-day notice.
Cressman, M.D., 78 FR 12091, 12092 n.2 (2013) Siddiqui, M.D., 61 FR 14818 (1996)).

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3160 Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Notices

SUMMARY: The Department of Justice, Department of Justice is the Federal DEPARTMENT OF LABOR
Federal Bureau of Investigation, Critical Bureau of Investigation.
Incident Response Group will submit Mine Safety and Health Administration
4. Affected public who will be asked
the following information collection or required to respond, as well as a brief
request to the Office of Management and Petitions for Modification of
abstract: Primary: Federal, state, local, Application of Existing Mandatory
Budget (OMB) for review and clearance
and tribal government law enforcement Safety Standards
in accordance with established review
agencies charged with the responsibility
procedures of the Paperwork Reduction AGENCY: Mine Safety and Health
Act of 1995. of investigating violent crimes.
Administration, Labor.
DATES: Comments are encouraged and Abstract: Established by the
ACTION: Notice.
will be accepted for 60 days until March Department of Justice in 1985, ViCAP
21, 2016. serves as the national repository for SUMMARY: Section 101(c) of the Federal
FOR FURTHER INFORMATION CONTACT: All violent crimes; specifically; Mine Safety and Health Act of 1977 and
comments, suggestions, or questions Homicides (and attempts) that are Title 30 of the Code of Federal
regarding additional information, to known or suspected to be part of a series Regulations Part 44 govern the
include obtaining a copy of the and/or are apparently random, application, processing, and disposition
proposed information collection motiveless, or sexually oriented. of petitions for modification. This notice
instrument with instructions, should be is a summary of petitions for
Sexual assaults that are known or modification submitted to the Mine
directed to Lesa Marcolini, Program
suspected to be part of a series and/or Safety and Health Administration
Manager, Federal Bureau of
Investigation, Critical Incident Response are committed by a stranger. (MSHA) by the parties listed below.
Group, ViCAP, FBI Academy, Quantico, Missing persons where the DATES: All comments on the petitions
Virginia 22135; facsimile (703) 632– circumstances indicate a strong must be received by the MSHA’s Office
4239. possibility of foul play and the victim is of Standards, Regulations, and
still missing. Variances on or before February 19,
SUPPLEMENTARY INFORMATION: Written
2016.
comments and suggestions from the Unidentified human remains where
public and affected agencies concerning the manner of death is known or ADDRESSES: You may submit your
the proposed collection of information suspected to be homicide. comments, identified by ‘‘docket
are encouraged. Your comments should number’’ on the subject line, by any of
Comprehensive case information the following methods:
address one or more of the following
submitted to ViCAP is maintained in the 1. Electronic Mail: zzMSHA-
four points:
ViCAP Web National Crime Database comments@dol.gov. Include the docket
—Evaluate whether the proposed and is automatically compared to all
collection of information is necessary number of the petition in the subject
other cases in the databases to identify line of the message.
for the proper performance of the
potentially related cases. 2. Facsimile: 202–693–9441.
functions of the Bureau of Justice
5. An estimate of the total number of 3. Regular Mail or Hand Delivery:
Statistics, including whether the
respondents and the amount of time MSHA, Office of Standards,
information will have practical utility;
estimated for an average respondent to Regulations, and Variances, 201 12th
—Evaluate the accuracy of the agency’s
Street South, Suite 4E401, Arlington,
estimate of the burden of the respond: Of the approximately 18,000
Virginia 22202–5452, Attention: Sheila
proposed collection of information, government law enforcement agencies
McConnell, Acting Director, Office of
including the validity of the that are eligible to submit cases, it is
Standards, Regulations, and Variances.
methodology and assumptions used; estimated that thirty to fifty percent will
—Evaluate whether and if so how the Persons delivering documents are
actually submit cases to ViCAP. The required to check in at the receptionist’s
quality, utility, and clarity of the time burden of the respondents is less
information to be collected can be desk in Suite 4E401. Individuals may
than 60 minutes per form. inspect copies of the petitions and
enhanced; and
—Minimize the burden of the collection 6. An estimate of the total public comments during normal business
of information on those who are to burden (in hours) associated with the hours at the address listed above.
respond, including through the use of collection: 5,000 annual burden hours. MSHA will consider only comments
appropriate automated, electronic, postmarked by the U.S. Postal Service or
If additional information is required
mechanical, or other technological proof of delivery from another delivery
contact: Jerri Murray, Department
collection techniques or other forms service such as UPS or Federal Express
Clearance Officer, United States on or before the deadline for comments.
of information technology, e.g., Department of Justice, Justice
permitting electronic submission of FOR FURTHER INFORMATION CONTACT:
Management Division, Policy and
responses. Barbara Barron, Office of Standards,
Planning Staff, Two Constitution Regulations, and Variances at 202–693–
Overview of This Information Square, 145 N Street NE., 3E.405B, 9447 (Voice), barron.barbara@dol.gov
Collection Washington, DC 20530. (Email), or 202–693–9441 (Facsimile).
1. Type of Information Collection: Dated: January 14, 2016. [These are not toll-free numbers.]
Revision of a currently approved Jerri Murray, SUPPLEMENTARY INFORMATION:
collection. Department Clearance Officer for PRA, U.S. I. Background
tkelley on DSK4VPTVN1PROD with NOTICES

2. The Title of the Form/Collection: Department of Justice.
ViCAP Case Submission Form. Section 101(c) of the Federal Mine
[FR Doc. 2016–00942 Filed 1–19–16; 8:45 am]
3. The agency form number, if any, Safety and Health Act of 1977 (Mine
BILLING CODE 4410–02–P
and the applicable component of the Act) allows the mine operator or
Department sponsoring the collection: representative of miners to file a
The form number is FD–676. The petition to modify the application of any
applicable component within the mandatory safety standard to a coal or

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Document Created: 2016-01-19 23:43:51
Document Modified: 2016-01-19 23:43:51

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 March 21, 2016.
Contact		All comments, suggestions, or questions regarding additional information, to include obtaining a copy of the proposed information collection instrument with instructions, should be directed to Lesa Marcolini, Program Manager, Federal Bureau of Investigation, Critical Incident Response Group, ViCAP, FBI Academy, Quantico, Virginia 22135; facsimile (703) 632-4239.
FR Citation		81 FR 3159