82 FR 10401 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension of a Currently Approved Collection: Prison Population Reports: Summary of Sentenced Population Movement-National Prisoner Statistics
DEPARTMENT OF JUSTICE
Office of Justice Programs Federal Register Volume 82, Issue 27 (February 10, 2017)
Office of Justice Programs
Federal Register Volume 82, Issue 27 (February 10, 2017)
| Page Range | 10401-10402 | |
| FR Document | 2017-02763 |
[Federal Register Volume 82, Number 27 (Friday, February 10, 2017)] [Notices] [Pages 10401-10402] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-02763] ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Bureau of Justice Statistics [OMB Number 1121-0102] Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension of a Currently Approved Collection: Prison Population Reports: Summary of Sentenced Population Movement-- National Prisoner Statistics AGENCY: Bureau of Justice Statistics, Department of Justice. ACTION: 60-Day notice. ----------------------------------------------------------------------- SUMMARY: The Department of Justice (DOJ), Office of Justice Programs, [[Page 10402]] 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 April 11, 2017. FOR FURTHER INFORMATION CONTACT: If you have additional comments especially 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 E. Ann Carson, Statistician, Bureau of Justice Statistics, 810 Seventh Street NW., Washington, DC 20531 (email: [email protected]; telephone: 202-616-3496). 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: Summary of Sentenced Population Movement--National Prisoner Statistics. 3. The agency form number, if any, and the applicable component of the Department sponsoring the collection: Form numbers for the questionnaire are NPS-1b (Summary of Sentenced Population Movement) and NPS-1B(T) Prisoner Population Report--U.S. Territories. The applicable component within the Department of Justice is the Bureau of Justice Statistics, in the Office of Justice Programs. 4. Affected public who will be asked or required to respond, as well as a brief abstract: For the NPS-1B form, 51 central reporters (one from each state and the Federal Bureau of Prisons) responsible for keeping records on inmates will be asked to provide information for the following categories: (a) As of December 31, the number of male and female inmates within their custody and under their jurisdiction with maximum sentences of more than one year, one year or less; and unsentenced inmates; (b) The number of inmates housed in privately operated facilities, county or other local authority correctional facilities, or in other state or Federal facilities on December 31; (c) Prison admission information in the calendar year for the following categories: New court commitments, parole violators, other conditional release violators returned, transfers from other jurisdictions, AWOLs and escapees returned, and returns from appeal and bond; (d) Prison release information in the calendar year for the following categories: Expirations of sentence, commutations, other conditional releases, probations, supervised mandatory releases, paroles, other conditional releases, deaths by cause, AWOLs, escapes, transfers to other jurisdictions, and releases to appeal or bond; (e) Number of inmates under jurisdiction on December 31 by race and Hispanic origin; (f) Number of inmates under jurisdiction classified as non-citizens and/or under 18 years of age; (g) Testing of incoming inmates for HIV; and HIV infection and AIDS cases on December 31; and (h) The aggregated rated, operational, and/or design capacities, by sex, of the state/BOP's correctional facilities at year-end. For the NPS-1B(T) form, five central reporters from the U.S. Territories and Commonwealths of Guam, Puerto Rico, the Northern Mariana Islands, the Virgin Islands, and American Samoa will be asked to provide information for the following categories for the calendar year just ended, and, if available, for the previous calendar year: (a) As of December 31, the number of male and female inmates within their custody and under their jurisdiction with maximum sentences of more than one year, one year or less; and unsentenced inmates; and an assessment of the completeness of these counts (complete, partial, or estimated) (b) The number of inmates under jurisdiction on December 31 but in the custody of facilities operated by other jurisdictions' authorities solely to reduce prison overcrowding; (c) Number of inmates under jurisdiction on December 31 by race and Hispanic origin; (d) The aggregated rated, operational, and/or design capacities, by sex, of the territory's/Commonwealth's correctional facilities at year- end. The Bureau of Justice Statistics uses this information in published reports and for the U.S. Congress, Executive Office of the President, practitioners, researchers, students, the media, and others interested in criminal justice statistics. 5. An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: 51 respondents, each taking an average 6.5 total hours to respond to the NPS-1B form. 5 respondents, each taking an average of 2 hours to respond to the NPS- 1B(T) form. The burden estimate is based on feedback from respondents in the most recent data collection, and remains the same as the previous clearance. 6. An estimate of the total public burden (in hours) associated with the collection: There is an estimated 341.5 total burden hours associated with this 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., 3E.405A, Washington, DC 20530. Dated: February 7, 2017. Melody Braswell, Department Clearance Officer for PRA, U.S. Department of Justice. [FR Doc. 2017-02763 Filed 2-9-17; 8:45 am] BILLING CODE 4410-18-P
![Federal Register / Vol. 82, No. 27 / Friday, February 10, 2017 / Notices 10401
In addition, the record includes a July knowingly permitting real estate he registration (and DATA-Waiver number)
29, 2016 letter from the Office of owned or controlled to be used for drug are subject to revocation for this reason
Inspector General, Department of Health trafficking. See Ohio Rev. Code as well. 21 U.S.C. 824(a)(3).
and Human Services, to Respondent; the §§ 2925.03(A); 2925.13(B). Both of these Finally, the evidence shows that
letter notified Respondent that he was provisions are felony offenses under Respondent has now been excluded
‘‘being excluded from participation in Ohio law. Thus, I find that Respondent ‘‘from participation in any Federal
any capacity in the Medicare, Medicaid, ‘‘has been convicted of a felony offense health care program’’ based on his state
and all Federal health care programs as . . . relating to any substance defined in conviction for Medicaid fraud, as well
defined in section 1128B(f) of the Social [the CSA] as a controlled substance.’’ 21 as his felony convictions relating to the
Security Act . . . for the minimum U.S.C. 824(a)(2). This finding provides distribution of controlled substances.
period of 5 years.’’ GX 12, at 1. The reason alone to revoke Respondent’s See 42 U.S.C. 1320a–7(a)(1) & (4); see
letter explained that Respondent was registration and his DATA-Waiver also GX 12. Respondent has thus been
being excluded based on his ‘‘felony identification number. excluded pursuant to the mandatory
conviction[s]’’ for ‘‘a criminal offense Second, the evidence shows that exclusion provisions of 42 U.S.C.
related to the delivery of an item or based on his guilty pleas in the criminal 1320a–7(a). Accordingly, his registration
service under the Medicare or a State case, on May 11, 2016, the Ohio Board (and DATA-Waiver number) are also
health care program,’’ and for ‘‘criminal immediately suspended Respondent’s subject to revocation under 21 U.S.C.
offense[s] related to the unlawful license to practice medicine and surgery 824(a)(5).
manufacture, distribution, prescription, in the State, and that on October 20,
2016, the Board revoked his license. By Order
or dispensing of a controlled substance
as defined under Federal or State law.’’ virtue of the Board’s actions, Pursuant to the authority vested in me
Id. (citing 42 U.S.C. 1320a–7(a)(1) and Respondent lacks authority to dispense by 21 U.S.C. 824(a), as well as 28 CFR
(4)). controlled substances under the laws of 0.100(b), I order that DEA Certificate of
the State of Ohio, the State in which he Registration FM1335353 issued to John
Discussion is registered with DEA, and thus, he is P. Moore, III, M.D., be, and it hereby is,
Under Section 304(a) of the no longer a practitioner within the revoked. I further order that DATA-
Controlled Substances Act, ‘‘[a] meaning of the Act. See 21 U.S.C. Waiver identification number
registration pursuant to section 823 of 802(21) (defining ‘‘the term XM1335353 issued to John P. Moore, II,
[the Act] to . . . dispense a controlled ‘practitioner’ [to] mean[ ] a . . . M.D., be, and it hereby is, revoked. This
substance . . . may be suspended or physician . . . or other person licensed, Order is effective immediately.8
revoked by the Attorney General upon registered or otherwise permitted, by Dated: February 2, 2017.
a finding that the registrant— . . . the jurisdiction in which he Chuck Rosenberg,
practices . . . to distribute, dispense,
* * * * * Acting Administrator.
[or] administer . . . a controlled
(2) has been convicted of a felony under [FR Doc. 2017–02729 Filed 2–9–17; 8:45 am]
this subchapter . . . or any other law of the substance in the course of professional
practice’’); see also id. § 823(f) (directing BILLING CODE 4410–09–P
United States, or of any State, relating to any
substance defined in this subchapter as a that ‘‘[t]he Attorney General shall
controlled substance . . . ; register practitioners . . . if the
(3) has had his State license or registration applicant is authorized to dispense . . . DEPARTMENT OF JUSTICE
suspended, revoked, or denied by competent controlled substances under the laws of
State authority and is no longer authorized Bureau of Justice Statistics
the State in which he practices’’).
by State law to engage in the . . . dispensing As the Agency has long held, ‘‘[s]tate [OMB Number 1121–0102]
of controlled substances . . . ;
authorization to dispense or otherwise
* * * * * handle controlled substances is a Agency Information Collection
(5) has been excluded . . . from Activities; Proposed eCollection
prerequisite to the issuance and
participation in a program pursuant to eComments Requested; Extension of a
section 1320a–7(a) of Title 42. maintenance of a Federal controlled
substances registration.’’ Frederick Currently Approved Collection: Prison
21 U.S.C. 824(a). Marsh Blanton, 43 FR 27616 (1978). Population Reports: Summary of
The Government has ‘‘the burden of Because the possession of state Sentenced Population Movement—
proving that the requirements for such authority is a prerequisite to the National Prisoner Statistics
revocation or suspension pursuant to maintenance of a practitioner’s
section 304(a) . . . (21 U.S.C. 824(a) AGENCY: Bureau of Justice Statistics,
registration, the Agency has long held Department of Justice.
. . .) are satisfied. 21 CFR 1301.44(e). that revocation is the appropriate
Thus, even where a registrant waives his ACTION: 60-Day notice.
sanction whenever he is no longer
right to a hearing, the Government is authorized to dispense controlled SUMMARY: The Department of Justice
required to produce substantial substances under the laws of the State (DOJ), Office of Justice Programs,
evidence to support the proposed in which he practices medicine. See,
action. In this matter, having considered e.g., James L. Hooper, 76 FR 71371 measures, the revocation of his state authority
the evidence submitted by the (2011), pet. for rev. denied, 481 Fed. would still require that I revoke his DEA
Government, I conclude that there are Appx. 826 (4th Cir. 2012); Sheran Arden registration and DATA-waiver number. I further
three separate and independent grounds reject Respondent’s contention that I have
Yeates, M.D., 71 FR 39130, 39131 discretion in the case of a practitioner to not revoke
to revoke Respondent’s registration.
mstockstill on DSK3G9T082PROD with NOTICES
(2006); Dominick A. Ricci, 58 FR 51104, his registration based on his loss of state authority.
First, as found above, on May 26, See GX 8, at 2–3; see Hooper v. Holder, 481 Fed.
51105 (1993); Bobby Watts, 53 FR
2016, the Common Pleas Court of Appx. at 827–28; see also Rezik A. Saqer, 81 FR
11919, 11920 (1988); Blanton, 43 FR at
Greene County, Ohio entered a 22122, 22124–27 (2016).
27616.7 Accordingly, Respondent’s 8 Based on the same reasons that led the Ohio
judgment convicting Respondent of four
Board to immediately suspend Respondent’s
counts of trafficking in drugs (suboxone, 7 Thus, even if Respondent were to credibly medical license, I conclude that the public interest
zolpidem, and diazepam) under Ohio accept responsibility for his criminal conduct and necessitates that this Order be effective
law, as well as a single count of put forward sufficient evidence of remedial immediately. 21 CFR 1316.67.
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![10402 Federal Register / Vol. 82, No. 27 / Friday, February 10, 2017 / Notices
Bureau of Justice Statistics, will be Prisoner Population Report—U.S. unsentenced inmates; and an
submitting the following information Territories. The applicable component assessment of the completeness of these
collection request to the Office of within the Department of Justice is the counts (complete, partial, or estimated)
Management and Budget (OMB) for Bureau of Justice Statistics, in the Office (b) The number of inmates under
review and approval in accordance with of Justice Programs. jurisdiction on December 31 but in the
the Paperwork Reduction Act of 1995. 4. Affected public who will be asked custody of facilities operated by other
DATES: Comments are encouraged and or required to respond, as well as a brief jurisdictions’ authorities solely to
will be accepted for 60 days until April abstract: For the NPS–1B form, 51 reduce prison overcrowding;
11, 2017. central reporters (one from each state (c) Number of inmates under
and the Federal Bureau of Prisons) jurisdiction on December 31 by race and
FOR FURTHER INFORMATION CONTACT: If
responsible for keeping records on Hispanic origin;
you have additional comments
inmates will be asked to provide (d) The aggregated rated, operational,
especially on the estimated public
information for the following categories: and/or design capacities, by sex, of the
burden or associated response time, (a) As of December 31, the number of
suggestions, or need a copy of the territory’s/Commonwealth’s correctional
male and female inmates within their facilities at year-end.
proposed information collection custody and under their jurisdiction
instrument with instructions or The Bureau of Justice Statistics uses
with maximum sentences of more than this information in published reports
additional information, please contact E. one year, one year or less; and
Ann Carson, Statistician, Bureau of and for the U.S. Congress, Executive
unsentenced inmates; Office of the President, practitioners,
Justice Statistics, 810 Seventh Street (b) The number of inmates housed in
NW., Washington, DC 20531 (email: researchers, students, the media, and
privately operated facilities, county or others interested in criminal justice
elizabeth.carson@usdoj.gov; telephone: other local authority correctional
202–616–3496). statistics.
facilities, or in other state or Federal
SUPPLEMENTARY INFORMATION: Written 5. An estimate of the total number of
facilities on December 31;
comments and suggestions from the (c) Prison admission information in respondents and the amount of time
public and affected agencies concerning the calendar year for the following estimated for an average respondent to
the proposed collection of information categories: New court commitments, respond: 51 respondents, each taking an
are encouraged. Your comments should parole violators, other conditional average 6.5 total hours to respond to the
address one or more of the following release violators returned, transfers from NPS–1B form. 5 respondents, each
four points: other jurisdictions, AWOLs and taking an average of 2 hours to respond
escapees returned, and returns from to the NPS–1B(T) form. The burden
—Evaluate whether the proposed estimate is based on feedback from
collection of information is necessary appeal and bond;
(d) Prison release information in the respondents in the most recent data
for the proper performance of the collection, and remains the same as the
functions of the Bureau of Justice calendar year for the following
categories: Expirations of sentence, previous clearance.
Statistics, including whether the
commutations, other conditional 6. An estimate of the total public
information will have practical utility;
releases, probations, supervised burden (in hours) associated with the
—Evaluate the accuracy of the agency’s
mandatory releases, paroles, other collection: There is an estimated 341.5
estimate of the burden of the
conditional releases, deaths by cause, total burden hours associated with this
proposed collection of information,
AWOLs, escapes, transfers to other collection.
including the validity of the
jurisdictions, and releases to appeal or If additional information is required
methodology and assumptions used;
bond; contact: Melody Braswell, Department
—Evaluate whether and if so how the
(e) Number of inmates under Clearance Officer, United States
quality, utility, and clarity of the
jurisdiction on December 31 by race and Department of Justice, Justice
information to be collected can be
Hispanic origin; Management Division, Policy and
enhanced; and
(f) Number of inmates under Planning Staff, Two Constitution
—Minimize the burden of the collection
jurisdiction classified as non-citizens Square, 145 N Street NE., 3E.405A,
of information on those who are to
and/or under 18 years of age; Washington, DC 20530.
respond, including through the use of
appropriate automated, electronic, (g) Testing of incoming inmates for Dated: February 7, 2017.
mechanical, or other technological HIV; and HIV infection and AIDS cases Melody Braswell,
collection techniques or other forms on December 31; and Department Clearance Officer for PRA, U.S.
(h) The aggregated rated, operational,
of information technology, e.g., Department of Justice.
and/or design capacities, by sex, of the
permitting electronic submission of [FR Doc. 2017–02763 Filed 2–9–17; 8:45 am]
state/BOP’s correctional facilities at
responses. BILLING CODE 4410–18–P
year-end.
Overview of this information For the NPS–1B(T) form, five central
collection: reporters from the U.S. Territories and
1. Type of Information Collection: DEPARTMENT OF JUSTICE
Commonwealths of Guam, Puerto Rico,
Extension of a currently approved the Northern Mariana Islands, the Virgin Notice of Lodging of Proposed
collection. Islands, and American Samoa will be Consent Decree Under the Clean Water
2. The Title of the Form/Collection: asked to provide information for the Act
Summary of Sentenced Population following categories for the calendar
mstockstill on DSK3G9T082PROD with NOTICES
Movement—National Prisoner Statistics. year just ended, and, if available, for the On February 3, 2017, the Department
3. The agency form number, if any, previous calendar year: of Justice lodged a proposed consent
and the applicable component of the (a) As of December 31, the number of decree with the United States District
Department sponsoring the collection: male and female inmates within their Court for the Northern District of
Form numbers for the questionnaire are custody and under their jurisdiction Indiana, Hammond Division, in the
NPS–1b (Summary of Sentenced with maximum sentences of more than lawsuit entitled United States and the
Population Movement) and NPS–1B(T) one year, one year or less; and State of Indiana v. Sanitary District of
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Document Created: 2017-02-11 18:15:17
Document Modified: 2017-02-11 18:15:17
| 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 April 11, 2017. | |
| Contact | If you have additional comments especially 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 E. Ann Carson, Statistician, Bureau of Justice Statistics, 810 Seventh Street NW., Washington, DC 20531 (email: [email protected]; telephone: 202-616-3496). | |
| FR Citation | 82 FR 10401 |
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