82 FR 21430 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Workforce Innovation Fund Grants Reporting and Recordkeeping Requirements
DEPARTMENT OF LABOR
Office of the Secretary Federal Register Volume 82, Issue 87 (May 8, 2017)
Office of the Secretary
Federal Register Volume 82, Issue 87 (May 8, 2017)
| Page Range | 21430-21431 | |
| FR Document | 2017-09238 |
[Federal Register Volume 82, Number 87 (Monday, May 8, 2017)] [Notices] [Pages 21430-21431] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-09238] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF LABOR Office of the Secretary Agency Information Collection Activities; Submission for OMB Review; Comment Request; Workforce Innovation Fund Grants Reporting and Recordkeeping Requirements ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Department of Labor (DOL) is submitting the Employment and Training Administration (ETA) sponsored information collection request (ICR) titled, ``Workforce Innovation Fund Grants Reporting and Recordkeeping Requirements,'' to the Office of Management and Budget (OMB) for review and approval for continued use, without change, in accordance with the Paperwork Reduction Act of 1995. Public comments on the ICR are invited. DATES: The OMB will consider all written comments that agency receives on or before June 7, 2017. 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 free of charge from the RegInfo.gov Web site at http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201702-1205-004 (this link will only become active on the day following publication of this notice) or by contacting Michel Smyth by telephone at 202-693-4129, TTY 202- [[Page 21431]] 693-8064, (these are not toll-free numbers) or by email at [email protected]. Submit comments about this request by mail or courier to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL- ETA, Office of Management and Budget, Room 10235, 725 17th Street NW., Washington, DC 20503; by Fax: 202-395-5806 (this is not a toll-free number); or by email: [email protected]. Commenters are encouraged, but not required, to send a courtesy copy of any comments by mail or courier to the U.S. Department of Labor-OASAM, Office of the Chief Information Officer, Attn: Departmental Information Compliance Management Program, Room N1301, 200 Constitution Avenue NW., Washington, DC 20210; or by email: [email protected]. FOR FURTHER INFORMATION CONTACT: Michel Smyth by telephone at 202-693- 4129, TTY 202-693-8064, (these are not toll-free numbers) or by email at [email protected]. Authority: 44 U.S.C. 3507(a)(1)(D). SUPPLEMENTARY INFORMATION: This ICR seeks to extend PRA authority for the Workforce Innovation Fund (WIF) Grants Reporting and Recordkeeping Requirements information collection. It features quarterly performance narrative reports that document grantees' innovative strategies and effective practices and lessons learned from the diverse WIF projects. All data collection and reporting is done by grantee organizations. The performance reporting requirements align with outcome categories identified in the Solicitation for Grant Applications used to award the WIF grants. The quarterly performance narrative reports provide a detailed account of program activities, accomplishments, and progress toward performance outcomes during the quarter. Specifically, these reports include aggregate information on participants' grant progress and accomplishments, grant challenges, grant technical assistance needs and success stories and lessons learned. The performance outcomes are defined by each grantee. Each grant has a unique set of performance goals and outcome measures according to the specific innovation and project being pursued in the grant. The performance narrative reports, to be completed quarterly, include a narrative of grant activities and the unique grant performance and evaluation measures and key project milestones identified by the grantees. As a result, the specific performance measures for each grant may be different. 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 it is approved by the OMB under the PRA 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. The DOL obtains OMB approval for this information collection under Control Number 1205-0515. OMB authorization for an ICR cannot be for more than three (3) years without renewal, and the current approval for this collection is scheduled to expire on June 30, 2017. The DOL seeks to extend PRA authorization for this information collection for three (3) more years, without any change to existing requirements. The DOL notes that existing information collection requirements submitted to the OMB receive a month-to-month extension while they undergo review. For additional substantive information about this ICR, see the related notice published in the Federal Register on December 23, 2016 (81 FR 94422). Interested parties are encouraged to send comments to the OMB, Office of Information and Regulatory Affairs at the address shown in the ADDRESSES section within thirty (30) days of publication of this notice in the Federal Register. In order to help ensure appropriate consideration, comments should mention OMB Control Number 1205-0515. The OMB 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-ETA. Title of Collection: Workforce Innovation Fund Grants Reporting and Recordkeeping Requirements. OMB Control Number: 1205-0515. Affected Public: State, Local, and Tribal Governments. Total Estimated Number of Respondents: 17. Total Estimated Number of Responses: 68. Total Estimated Annual Time Burden: 1,360 hours. Total Estimated Annual Other Costs Burden: $0. Dated: May 1, 2017. Michel Smyth, Departmental Clearance Officer. [FR Doc. 2017-09238 Filed 5-5-17; 8:45 am] BILLING CODE 4510-FN-P
![21430 Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Notices
regulations. Id. at 474. While he I further agree with the CALJ that the Order
attempted to shift the blame to his Agency’s interests in both specific and Pursuant to the authority vested in me
attorneys and consultant for failing to general deterrence support the by 21 U.S.C. 823(f) and 824(a)(4), as
tell him what was required under the revocation of his Florida registration well as 28 CFR 0.100(b), I order that
MOA, Respondent offered no testimony and the denial of his Texas application. DEA Certificate of Registration
that he asked either his attorneys or As for the Agency’s interest in specific FZ2418401 issued to Roberto Zayas,
consultant to explain what was deterrence, Respondent is not barred M.D., be, and it hereby is, revoked. I
required. Id. at 473–74. So too, while from reapplying in the future, and were also order that any pending application
Respondent submitted the first two Respondent to do so and offer a credible of Roberto Zayas, M.D., to renew or
quarterly reports in a timely fashion, acknowledgement of his misconduct (to modify this registration, be, and it
thereafter, he blew off this requirement go along with his remedial measures) hereby is, denied.
until he was confronted by the DI. and be granted a new registration, the I further order that that the pending
So too, even acknowledging that the sanctions I impose in this Decision and application of Roberto Zayas, M.D., to
absolute amounts of the testosterone Order would hopefully deter him from renew DEA Certificate of Registration
being handled by the various clinics engaging in future misconduct. As for FZ2249743, be, and it hereby is, denied.
were not especially large, it is notable the Agency’s interest in general I further order that any other pending
that six of the clinics had recordkeeping deterrence, not only does the Agency application of Roberto Zayas, M.D., for
violations including missing have an obvious and manifest interest in a DEA Certificate of Registration, be,
inventories, missing receipt records, and deterring violations of the CSA and and it hereby is, denied. This Order is
missing required information related to regulations by members of the regulated effective June 7, 2017.
the clinics’ administration of the drug. community, the Agency also has a
And notwithstanding his legally Dated: April 28, 2017.
manifest interest in ensuring that those
erroneous contention that he cannot be members to whom it extends the Chuck Rosenberg,
held to have violated the CSA’s forbearance of an MOA will comply Acting Administrator.
recordkeeping requirements at the non- with the terms of those agreements. [FR Doc. 2017–09285 Filed 5–5–17; 8:45 am]
Cy Fair clinics because he was not the I therefore conclude that Respondent BILLING CODE 4410–09–P
registrant at those clinics, there were has not refuted the Government’s prima
recordkeeping violations even at the Cy- facie showing that his registrations are
Fair clinic, where he was registered. not consistent with the public interest. DEPARTMENT OF LABOR
Likewise, while he agreed that if his 21 U.S.C. 823(f), 824(a) (4). Accordingly,
clinics engaged in administration or I will order that Respondent’s Florida Office of the Secretary
dispensing, the provider would be registration be revoked and that his
registered at the clinic, here again, Agency Information Collection
application to renew his expired Texas
Respondent breached the agreement. Activities; Submission for OMB
registration be denied.
Particularly egregious is his failure to Review; Comment Request; Workforce
ensure that there was a registered Innovation Fund Grants Reporting and
(citing Paul H. Volkman, 73 FR 30630, 30644
provider at the Victoria clinic, where (2008)). Nor is the evidence in this matter confined Recordkeeping Requirements
testosterone was administered at least to the recordkeeping violations, as it also includes
117 times during a three-month period his failure to file the required quarterly reports, his ACTION: Notice.
when no practitioner was registered at failure to ensure that there was a provider who was
registered at the clinics which were dispensing or SUMMARY: The Department of Labor
the clinic. administering controlled substances, his use of
I thus conclude that Respondent’s (DOL) is submitting the Employment
prescriptions to obtain controlled substances for
misconduct was egregious (a conclusion general dispensing to patients, his false statement
and Training Administration (ETA)
which is buttressed by my findings with in denying that he was subject to the MOA, his sponsored information collection
respect to Factor Five), and given his obstructionist behavior when the DI requested request (ICR) titled, ‘‘Workforce
certain information, and his giving false testimony Innovation Fund Grants Reporting and
failure to offer a credible and as to the reason why he denied to the DI that he
meaningful acceptance of responsibility, was under the MOA.
Recordkeeping Requirements,’’ to the
I hold that he has not refuted the As for Respondent’s reference to the ‘‘Corbett’’ Office of Management and Budget
conclusion that his continued case, Respondent did not provide a citation and I (OMB) for review and approval for
registration ‘‘is inconsistent with the
am unaware of any case involving a respondent continued use, without change, in
with this name. As for his reference to the ‘‘Zina’’ accordance with the Paperwork
public interest’’ and that both the case, even assuming that this was typographical
revocation of his Florida registration error and that Respondent was referring to Abbas Reduction Act of 1995. Public
and the denial of his Texas renewal E. Sina, 80 FR 53191 (2015), a self-abuse case, the comments on the ICR are invited.
case provides no comfort to Respondent because Dr. DATES: The OMB will consider all
application are warranted.43 Sina fully admitted to his misconduct. Id. at 53201.
(Dr. Sina also offered credible evidence of his
written comments that agency receives
43 I have also considered Respondent’s argument rehabilitation, including four years of compliance on or before June 7, 2017.
that ‘‘[r]evocation is too severe and [is] not with his monitoring contract with no failed drug ADDRESSES: A copy of this ICR with
required.’’ Resp. Exceptions, at 7. Therein, tests, as well as the testimony of two physicians applicable supporting documentation;
Respondent maintains that ‘‘it seems clear that who attested to his commitment to his recovery and
recordkeeping violations of the type found in this compliance with his monitoring contract. See id. at including a description of the likely
case are rarely if ever a reasons [sic] to revoke a 53201–202). I thus reject’s Respondent’s contention. respondents, proposed frequency of
provider’s DEA registration.’’ Id. He also contends response, and estimated total burden
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Finally, while Respondent also invokes Morall v.
‘‘that the conduct proven in this case seems far less DEA, he ignores that, in that case, there were may be obtained free of charge from the
egregious than any of the 2015 cases including the findings that the respondent’s recordkeeping
two (Corbett and Zina), which did not result in . . . violations ‘‘occurred over a fairly short period of
RegInfo.gov Web site at http://
revocation.’’ Id. at 7–8. time’’ and that the respondent ‘‘appeared to regret’’ www.reginfo.gov/public/do/
Contrary to Respondent’s understanding, her misconduct. 412 F.2d at 166; see also id. at 183. PRAViewICR?ref_nbr=201702-1205-004
recordkeeping violations alone can support the Here, by contrast, Respondent’s recordkeeping (this link will only become active on the
revocation of a registration or the denial of an violations are not confined to a fairly short period
application, and in this case, there were violations and involve multiple clinics, and as the CALJ
day following publication of this notice)
of multiple requirements at nearly every one of the concluded, Respondent has not offered a credible or by contacting Michel Smyth by
clinics. See Keith Ky Ly, 80 FR 29025, 29035 (2015) acceptance of responsibility. telephone at 202–693–4129, TTY 202–
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![Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Notices 21431
693–8064, (these are not toll-free measures for each grant may be e.g., permitting electronic submission of
numbers) or by email at DOL_PRA_ different. responses.
PUBLIC@dol.gov. This information collection is subject Agency: DOL–ETA.
Submit comments about this request to the PRA. A Federal agency generally Title of Collection: Workforce
by mail or courier to the Office of cannot conduct or sponsor a collection Innovation Fund Grants Reporting and
Information and Regulatory Affairs, of information, and the public is Recordkeeping Requirements.
Attn: OMB Desk Officer for DOL–ETA, generally not required to respond to an OMB Control Number: 1205–0515.
Office of Management and Budget, information collection, unless it is Affected Public: State, Local, and
Room 10235, 725 17th Street NW., approved by the OMB under the PRA Tribal Governments.
Washington, DC 20503; by Fax: 202– and displays a currently valid OMB Total Estimated Number of
395–5806 (this is not a toll-free Control Number. In addition, Respondents: 17.
number); or by email: OIRA_ notwithstanding any other provisions of Total Estimated Number of
submission@omb.eop.gov. Commenters law, no person shall generally be subject Responses: 68.
are encouraged, but not required, to to penalty for failing to comply with a Total Estimated Annual Time Burden:
send a courtesy copy of any comments collection of information that does not 1,360 hours.
by mail or courier to the U.S. display a valid Control Number. See 5 Total Estimated Annual Other Costs
Department of Labor-OASAM, Office of CFR 1320.5(a) and 1320.6. The DOL Burden: $0.
the Chief Information Officer, Attn: obtains OMB approval for this Dated: May 1, 2017.
Departmental Information Compliance information collection under Control Michel Smyth,
Management Program, Room N1301, Number 1205–0515.
OMB authorization for an ICR cannot Departmental Clearance Officer.
200 Constitution Avenue NW., [FR Doc. 2017–09238 Filed 5–5–17; 8:45 am]
be for more than three (3) years without
Washington, DC 20210; or by email:
renewal, and the current approval for BILLING CODE 4510–FN–P
DOL_PRA_PUBLIC@dol.gov.
this collection is scheduled to expire on
FOR FURTHER INFORMATION CONTACT: June 30, 2017. The DOL seeks to extend
Michel Smyth by telephone at 202–693– PRA authorization for this information OFFICE OF THE FEDERAL REGISTER
4129, TTY 202–693–8064, (these are not collection for three (3) more years,
toll-free numbers) or by email at DOL_ without any change to existing Publication Procedures for Federal
PRA_PUBLIC@dol.gov. requirements. The DOL notes that Register Documents During a Funding
Authority: 44 U.S.C. 3507(a)(1)(D). existing information collection Hiatus
requirements submitted to the OMB AGENCY: Office of the Federal Register.
SUPPLEMENTARY INFORMATION: This ICR receive a month-to-month extension
seeks to extend PRA authority for the ACTION: Notice of special procedures.
while they undergo review. For
Workforce Innovation Fund (WIF) additional substantive information
Grants Reporting and Recordkeeping SUMMARY: In the event of an
about this ICR, see the related notice appropriations lapse, the Office of the
Requirements information collection. It published in the Federal Register on
features quarterly performance narrative Federal Register (OFR) would be
December 23, 2016 (81 FR 94422). required to publish documents directly
reports that document grantees’ Interested parties are encouraged to
innovative strategies and effective related to the performance of
send comments to the OMB, Office of governmental functions necessary to
practices and lessons learned from the Information and Regulatory Affairs at
diverse WIF projects. All data collection address imminent threats to the safety of
the address shown in the ADDRESSES human life or protection of property.
and reporting is done by grantee section within thirty (30) days of
organizations. The performance Since it would be impracticable for the
publication of this notice in the Federal OFR to make case-by-case
reporting requirements align with Register. In order to help ensure
outcome categories identified in the determinations as to whether certain
appropriate consideration, comments documents are directly related to
Solicitation for Grant Applications used should mention OMB Control Number
to award the WIF grants. The quarterly activities that qualify for an exemption
1205–0515. The OMB is particularly under the Antideficiency Act, the OFR
performance narrative reports provide a interested in comments that:
detailed account of program activities, will place responsibility on agencies
• Evaluate whether the proposed submitting documents to certify that
accomplishments, and progress toward collection of information is necessary
performance outcomes during the their documents relate to emergency
for the proper performance of the activities authorized under the Act.
quarter. Specifically, these reports functions of the agency, including
include aggregate information on FOR FURTHER INFORMATION CONTACT:
whether the information will have
participants’ grant progress and practical utility; Amy Bunk, Director of Legal Affairs and
accomplishments, grant challenges, • Evaluate the accuracy of the Policy, or Miriam Vincent, Staff
grant technical assistance needs and agency’s estimate of the burden of the Attorney, Office of the Federal Register,
success stories and lessons learned. The proposed collection of information, National Archives and Records
performance outcomes are defined by including the validity of the Administration, (202) 741–6030 or
each grantee. Each grant has a unique methodology and assumptions used; Fedreg.legal@nara.gov.
set of performance goals and outcome • Enhance the quality, utility, and SUPPLEMENTARY INFORMATION: Due to the
measures according to the specific clarity of the information to be possibility of a lapse in appropriations
asabaliauskas on DSK3SPTVN1PROD with NOTICES
innovation and project being pursued in collected; and and in accordance with the provisions
the grant. The performance narrative • Minimize the burden of the of the Antideficiency Act, as amended
reports, to be completed quarterly, collection of information on those who by Public Law 101–508, 104 Stat. 1388
include a narrative of grant activities are to respond, including through the (31 U.S.C. 1341), the Office of the
and the unique grant performance and use of appropriate automated, Federal Register (OFR) announces
evaluation measures and key project electronic, mechanical, or other special procedures for agencies
milestones identified by the grantees. As technological collection techniques or submitting documents for publication in
a result, the specific performance other forms of information technology, the Federal Register.
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Document Created: 2017-05-06 02:21:34
Document Modified: 2017-05-06 02:21:34
| 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 | Notice. | |
| Dates | The OMB will consider all written comments that agency receives on or before June 7, 2017. | |
| Contact | Michel Smyth by telephone at 202-693- 4129, TTY 202-693-8064, (these are not toll-free numbers) or by email at [email protected] | |
| FR Citation | 82 FR 21430 |
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