82_FR_29453 82 FR 29330 - Agency Information Collection Activities; Proposed eCollection, eComments Requested; Extension Without Change of a Previously Approved Collection; Dispensing Records of Individual Practitioners

82 FR 29330 - Agency Information Collection Activities; Proposed eCollection, eComments Requested; Extension Without Change of a Previously Approved Collection; Dispensing Records of Individual Practitioners

DEPARTMENT OF JUSTICE

Federal Register Volume 82, Issue 123 (June 28, 2017)

Page Range29330-29331
FR Document2017-13461

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 82 Issue 123 (Wednesday, June 28, 2017)
[Federal Register Volume 82, Number 123 (Wednesday, June 28, 2017)]
[Notices]
[Pages 29330-29331]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13461]


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DEPARTMENT OF JUSTICE

[OMB Number 1117-0021]


Agency Information Collection Activities; Proposed eCollection, 
eComments Requested; Extension Without Change of a Previously Approved 
Collection; Dispensing Records of Individual Practitioners

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 
August 28, 2017.

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 instrument with instructions or 
additional information, please contact Michael J. Lewis, Diversion 
Control Division, 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: Dispensing Records of Individual 
Practitioners.
    3. The agency form number, if any, and the applicable component of 
the Department sponsoring the collection: The form number is N/A. The 
applicable component within the Department of Justice is the Drug 
Enforcement Administration, Diversion Control Division.
    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: In accordance with the Controlled Substances Act (CSA), 
every DEA registrant must make a biennial inventory and maintain, on a 
current basis, a complete and accurate record of each controlled 
substance manufactured, received, sold, delivered, or otherwise 
disposed of. 21 U.S.C. 827 and 958. These records must be

[[Page 29331]]

maintained separately from all other records of the registrant or, 
alternatively, in the case of non-narcotic controlled substances, be in 
such a form that required information is readily retrievable from the 
ordinary business records of the registrant. 21 U.S.C. 827(b)(2). The 
records maintained by registrants must be kept and be available for at 
least two years for inspection and copying by officers or employees of 
the United States as authorized by the Attorney General. 21 U.S.C. 
827(b)(3). The DEA may promulgate regulations that specify the 
information that registrants must maintain in the required records. 21 
U.S.C. 827(b)(1).
    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 64,751 respondents, with 64,751 responses annually to this 
collection. The DEA estimates that it takes 30 minutes to complete the 
form.
    6. An estimate of the total public burden (in hours) associated 
with the proposed collection: The DEA estimates this collection takes 
32,376 hours annually.
    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: June 22, 2017.
Melody Braswell,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2017-13461 Filed 6-27-17; 8:45 am]
 BILLING CODE 4410-09-P



                                                    29330                        Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Notices

                                                    on 10/31/2016, and that he ‘‘voluntarily                substances under the laws of the State                 Division, Drug Enforcement
                                                    surrender[ed] his Mississippi medical                   in which he practices medicine. See,                   Administration; Mailing Address: 8701
                                                    license and agrees never to seek                        e.g., Calvin Ramsey, 76 FR 20034, 20036                Morrissette Drive, Springfield, Virginia
                                                    application for a future license to                     (2011); Sheran Arden Yeates, M.D., 71                  22152; Telephone: (202) 598–6812.
                                                    practice medicine in the State of MS.’’                 FR 39130, 39131 (2006); Dominick A.                    SUPPLEMENTARY INFORMATION: Written
                                                    GX 4, Attachment A, at 1–2 (https://                    Ricci, 58 FR 51104, 51105 (1993); Bobby                comments and suggestions from the
                                                    ksitspe01.its.state.ms.us/msbml/                        Watts, 53 FR 11919, 11920 (1988); see                  public and affected agencies concerning
                                                    MLB.nsf/ByLicenseNo/08934); see also                    also Blanton, 43 FR at 27617.                          the proposed collection of information
                                                    GX 4 (Declaration of Diversion                            Because Registrant is no longer                      are encouraged. Your comments should
                                                    Investigator). I therefore find that                    currently authorized to dispense                       address one or more of the following
                                                    Registrant does not have authority to                   controlled substances in Mississippi,                  four points:
                                                    dispense controlled substances under                    the State in which he is registered with               —Evaluate whether the proposed
                                                    the laws of Mississippi, the State in                   the Agency, I will therefore order that                  collection of information is necessary
                                                    which he is registered with the Agency.                 his registration be revoked.                             for the proper performance of the
                                                    Discussion                                              Order                                                    functions of the agency, including
                                                       Pursuant to 21 U.S.C. 824(a)(3), the                    Pursuant to the authority vested in me                whether the information will have
                                                    Attorney General is authorized to                       by 21 U.S.C. 824(a), as well as 28 CFR                   practical utility;
                                                    suspend or revoke a registration issued                 0.100(b), I order that DEA Certificate of              —Evaluate the accuracy of the agency’s
                                                    under section 823 of Title 21, ‘‘upon a                 Registration No. BC6115047, issued to                    estimate of the burden of the
                                                    finding that the registrant . . . has had               John Warren Cox, M.D., be, and it                        proposed collection of information,
                                                    his State license . . . suspended [or]                  hereby is, revoked. Pursuant to the                      including the validity of the
                                                    revoked . . . by competent State                        authority vested in me by 21 U.S.C.                      methodology and assumptions used;
                                                    authority and is no longer authorized by                823(f), I further order that any pending               —Evaluate whether and if so how the
                                                    State law to engage in the . . .                        application of John Warren Cox, M.D.,                    quality, utility, and clarity of the
                                                    dispensing of controlled substances.’’                  to renew or modify this registration, be,                information proposed to be collected
                                                    Moreover, with respect to a practitioner,               and it hereby is, denied. This Order is                  can be enhanced; and
                                                    DEA has long held that the possession                   effective July 28, 2017.                               —Minimize the burden of the collection
                                                    of authority to dispense controlled                                                                              of information on those who are to
                                                                                                              Dated: June 21, 2017.                                  respond, including through the use of
                                                    substances under the laws of the State
                                                    in which a practitioner engages in                      Chuck Rosenberg,                                         appropriate automated, electronic,
                                                    professional practice is a fundamental                  Acting Administrator.                                    mechanical, or other forms of
                                                    condition for obtaining and maintaining                 [FR Doc. 2017–13527 Filed 6–27–17; 8:45 am]              information technology, e.g.,
                                                    a registration. See, e.g., James L. Hooper,             BILLING CODE 4410–09–P                                   permitting electronic submission of
                                                    76 FR 71371 (2011) (collecting cases),                                                                           responses.
                                                    pet. for rev. denied, 481 Fed. Appx. 826                                                                       Overview of This Information
                                                    (4th Cir. 2012); see also Frederick Marsh               DEPARTMENT OF JUSTICE
                                                                                                                                                                   Collection
                                                    Blanton, 43 FR 27616, 27617 (1978)                      [OMB Number 1117–0021]
                                                    (‘‘State authorization to dispense or                                                                             1. Type of Information Collection:
                                                    otherwise handle controlled substances                  Agency Information Collection                          Extension of a currently approved
                                                    is a prerequisite to the issuance and                   Activities; Proposed eCollection,                      collection.
                                                    maintenance of a Federal controlled                     eComments Requested; Extension                            2. Title of the Form/Collection:
                                                    substances registration.’’).                            Without Change of a Previously                         Dispensing Records of Individual
                                                       This rule derives from the text of two               Approved Collection; Dispensing                        Practitioners.
                                                    provisions of the CSA. First, Congress                  Records of Individual Practitioners                       3. The agency form number, if any,
                                                    defined ‘‘the term ‘practitioner’ [to]                                                                         and the applicable component of the
                                                    mean[ ] a . . . physician . . . or other                AGENCY:  Drug Enforcement                              Department sponsoring the collection:
                                                    person licensed, registered or otherwise                Administration, Department of Justice.                 The form number is N/A. The
                                                    permitted, by . . . the jurisdiction in                 ACTION: 60-Day notice.                                 applicable component within the
                                                    which he practices . . . to distribute,                                                                        Department of Justice is the Drug
                                                    dispense, [or] administer . . . a                       SUMMARY:   The Department of Justice                   Enforcement Administration, Diversion
                                                    controlled substance in the course of                   (DOJ), Drug Enforcement                                Control Division.
                                                    professional practice.’’ 21 U.S.C.                      Administration (DEA), will be                             4. Affected public who will be asked
                                                    802(21). Second, in setting the                         submitting the following information                   or required to respond, as well as a brief
                                                    requirements for obtaining a                            collection request to the Office of                    abstract:
                                                    practitioner’s registration, Congress                   Management and Budget (OMB) for                           Affected public (Primary): Business or
                                                    directed that ‘‘[t]he Attorney General                  review and approval in accordance with                 other for-profit.
                                                    shall register practitioners . . . if the               the Paperwork Reduction Act of 1995.                      Affected public (Other): Not-for-profit
                                                    applicant is authorized to dispense . . .               DATES: Comments are encouraged and                     institutions; Federal, State, local, and
                                                    controlled substances under the laws of                 will be accepted for 60 days until                     tribal governments.
                                                                                                            August 28, 2017.
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    the State in which he practices.’’ 21                                                                             Abstract: In accordance with the
                                                    U.S.C. 823(f). Because Congress has                     FOR FURTHER INFORMATION CONTACT: If                    Controlled Substances Act (CSA), every
                                                    clearly mandated that a practitioner                    you have comments on the estimated                     DEA registrant must make a biennial
                                                    possess state authority in order to be                  public burden or associated response                   inventory and maintain, on a current
                                                    deemed a practitioner under the Act,                    time, suggestions, or need a copy of the               basis, a complete and accurate record of
                                                    DEA has held repeatedly that revocation                 proposed information collection                        each controlled substance
                                                    of a practitioner’s registration is the                 instrument with instructions or                        manufactured, received, sold, delivered,
                                                    appropriate sanction whenever he is no                  additional information, please contact                 or otherwise disposed of. 21 U.S.C. 827
                                                    longer authorized to dispense controlled                Michael J. Lewis, Diversion Control                    and 958. These records must be


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                                                                                 Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Notices                                                     29331

                                                    maintained separately from all other                    11845; and 2017–02, Aon Pension Plan,                  Rosetree & Company 401(k) Plan and
                                                    records of the registrant or,                           D–11880.                                               Trust (the Plan) Located in Skokie, IL
                                                    alternatively, in the case of non-narcotic                                                                     [Prohibited Transaction Exemption 2017–01;
                                                    controlled substances, be in such a form                SUPPLEMENTARY INFORMATION:     A notice
                                                                                                            was published in the Federal Register of               Exemption Application No. D–11845]
                                                    that required information is readily
                                                    retrievable from the ordinary business                  the pendency before the Department of                  Exemption
                                                    records of the registrant. 21 U.S.C.                    a proposal to grant such exemption. The
                                                                                                            notice set forth a summary of facts and                Section I. Covered Transactions
                                                    827(b)(2). The records maintained by
                                                    registrants must be kept and be available               representations contained in the                          The sanctions resulting from the
                                                    for at least two years for inspection and               application for exemption and referred                 application of section 4975(c)(1)(B) of
                                                    copying by officers or employees of the                 interested persons to the application for              the Code shall not apply to the
                                                    United States as authorized by the                      a complete statement of the facts and                  guarantee (the Guarantee) by Richard
                                                    Attorney General. 21 U.S.C. 827(b)(3).                  representations. The application has                   Rosenbaum (Mr. Rosenbaum), the Plan
                                                    The DEA may promulgate regulations                      been available for public inspection at                trustee, a disqualified person with
                                                    that specify the information that                       the Department in Washington, DC The                   respect to the Plan, of: (1) A loan (the
                                                    registrants must maintain in the                        notice also invited interested persons to              Loan) made by the Great Lakes Credit
                                                    required records. 21 U.S.C. 827(b)(1).                  submit comments on the requested                       Union (GLCU), an unrelated third party
                                                       5. An estimate of the total number of                exemption to the Department. In                        lender, to Kurtson Realty, LLC
                                                    respondents and the amount of time                                                                             (Kurtson), a real estate company that is
                                                                                                            addition the notice stated that any
                                                    estimated for an average respondent to                                                                         wholly owned by the Plan; 2 and (2) a
                                                                                                            interested person might submit a
                                                    respond: The DEA estimates that 64,751                                                                         future Loan made by an unrelated third
                                                                                                            written request that a public hearing be
                                                    respondents, with 64,751 responses                                                                             party lender (hereinafter, GLCU and any
                                                                                                            held (where appropriate). The applicant                third party lender is referred to as a
                                                    annually to this collection. The DEA                    has represented that it has complied
                                                    estimates that it takes 30 minutes to                                                                          ‘‘Lender’’) to Kurtson, provided that the
                                                                                                            with the requirements of the notification              general conditions that are set forth
                                                    complete the form.                                      to interested persons. No requests for a
                                                       6. An estimate of the total public                                                                          below in Section II are satisfied.
                                                                                                            hearing were received by the
                                                    burden (in hours) associated with the                                                                          Section II. General Conditions
                                                                                                            Department. Public comments were
                                                    proposed collection: The DEA estimates
                                                                                                            received by the Department as described                   (a) The Loan is made for purposes of
                                                    this collection takes 32,376 hours
                                                    annually.                                               in the granted exemption.                              the Plan acquiring and rehabilitating
                                                       If additional information is required                   The notice of proposed exemption                    investment property from an unrelated
                                                    contact: Melody Braswell, Department                    was issued and the exemption is being                  third party through Kurtson;
                                                    Clearance Officer, United States                        granted solely by the Department                          (b) The Loan is made on commercially
                                                    Department of Justice, Justice                          because, effective December 31, 1978,                  reasonable terms;
                                                    Management Division, Policy and                                                                                   (c) The debt service and value to loan
                                                                                                            section 102 of Reorganization Plan No.
                                                    Planning Staff, Two Constitution                                                                               ratio for the Loan, and for any future
                                                                                                            4 of 1978, 5 U.S.C. App. 1 (1996),
                                                    Square, 145 N Street NE., 3E.405A,                                                                             Loan, are based primarily on the
                                                                                                            transferred the authority of the Secretary
                                                    Washington, DC 20530.                                                                                          characteristics of the property serving as
                                                                                                            of the Treasury to issue exemptions of                 collateral for such Loan (the Collateral
                                                      Dated: June 22, 2017.                                 the type proposed to the Secretary of                  Property);
                                                    Melody Braswell,                                        Labor.                                                    (d) The Lender and the Loan servicer
                                                    Department Clearance Officer for PRA, U.S.              Statutory Findings                                     (the Loan Servicer) are unrelated to Mr.
                                                    Department of Justice.                                                                                         Rosenbaum and the Plan;
                                                    [FR Doc. 2017–13461 Filed 6–27–17; 8:45 am]                In accordance with section 408(a) of                   (e) The Lender has a pre-existing Loan
                                                    BILLING CODE 4410–09–P                                  the Act and/or section 4975(c)(2) of the               service arrangement with the Loan
                                                                                                            Code and the procedures set forth in 29                Servicer, and maintains this
                                                                                                            CFR part 2570, subpart B (76 FR 66637,                 relationship for the duration of the
                                                                                                            66644, October 27, 2011) 1 and based                   Loan;
                                                    DEPARTMENT OF LABOR
                                                                                                            upon the entire record, the Department                    (f) Mr. Rosenbaum does not receive
                                                    Employee Benefits Security                              makes the following findings:                          any compensation or derive any
                                                    Administration                                                                                                 personal benefit from the Collateral
                                                                                                               (a) The exemption is administratively
                                                                                                                                                                   Property;
                                                                                                            feasible;
                                                    Exemptions From Certain Prohibited                                                                                (g) For the duration of the Loan or any
                                                    Transaction Restrictions                                   (b) The exemption is in the interests               future Loan, the Collateral Property is
                                                                                                            of the plan and its participants and                   not used by or leased to: (1) Any other
                                                    AGENCY: Employee Benefits Security                      beneficiaries; and                                     disqualified persons with respect to the
                                                    Administration, Labor.                                                                                         Plan; (2) Rosetreee or any affiliate of
                                                                                                               (c) The exemption is protective of the
                                                    ACTION: Grant of individual exemptions.                                                                        Rosetree; or (3) any person or entity in
                                                                                                            rights of the participants and
                                                                                                            beneficiaries of the plan.                             which Mr. Rosenbaum may have an
                                                    SUMMARY:  This document contains                                                                               interest that would affect his best
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    exemptions issued by the Department of                                                                         judgment as a Plan fiduciary;
                                                    Labor (the Department) from certain of
                                                    the prohibited transaction restrictions of                                                                        2 Because Mr. Rosenbaum is the sole owner of
                                                    the Employee Retirement Income                                                                                 Rosetree & Company, Ltd. (Rosetree), the Plan
                                                    Security Act of 1974 (ERISA or the Act)                   1 The Department has considered exemption
                                                                                                                                                                   sponsor, and the only participant in the Plan, there
                                                    and/or the Internal Revenue Code of                                                                            is no jurisdiction under Title I of the Employee
                                                                                                            applications received prior to December 27, 2011       Retirement Income Security Act of 1974 (the Act),
                                                    1986 (the Code). This notice includes                   under the exemption procedures set forth in 29 CFR     pursuant to 29 CFR 2510.3–3(b). However, there is
                                                    the following: 2017–01, Rosetree &                      part 2570, subpart B (55 FR 32836, 32847, August       jurisdiction under Title II of the Act pursuant to
                                                    Company 401(k) Plan and Trust, D–                       10, 1990).                                             section 4975 of the Code.



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Document Created: 2017-06-28 01:10:34
Document Modified: 2017-06-28 01:10:34
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
Action60-Day notice.
DatesComments are encouraged and will be accepted for 60 days until August 28, 2017.
ContactIf 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 Michael J. Lewis, Diversion
FR Citation82 FR 29330 

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