83 FR 10903 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Voluntary Protection Program Information
DEPARTMENT OF LABOR
Office of the Secretary Federal Register Volume 83, Issue 49 (March 13, 2018)
Office of the Secretary
Federal Register Volume 83, Issue 49 (March 13, 2018)
| Page Range | 10903-10904 | |
| FR Document | 2018-05030 |
[Federal Register Volume 83, Number 49 (Tuesday, March 13, 2018)] [Notices] [Pages 10903-10904] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-05030] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF LABOR Office of the Secretary Agency Information Collection Activities; Submission for OMB Review; Comment Request; Voluntary Protection Program Information ACTION: Notice of availability; request for comments. ----------------------------------------------------------------------- SUMMARY: The Department of Labor (DOL) is submitting the Occupational Safety and Health Administration (OSHA) sponsored information collection request (ICR) titled, [[Page 10904]] ``Voluntary Protection Program Information,'' 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 (PRA). Public comments on the ICR are invited. DATES: The OMB will consider all written comments that agency receives on or before April 12, 2018. 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 website at http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201711-1218-002 or by contacting Michel Smyth by telephone at 202-693-4129, TTY 202-693-8064 (these are not toll-free numbers) or by email at [email protected]. Submit comments about this request by mail to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL- OSHA, 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]. SUPPLEMENTARY INFORMATION: This ICR seeks to extend PRA authority for the Voluntary Protection Program (VPP) information collection. The VPP is a partnership between labor, management, and government designed to recognize and promote excellence in safety and health management. In order to participate in the VPP, an applicant submits an application and an annual self-evaluation containing a detailed description of its safety and health management programs to the OSHA, which uses the information to conduct a preliminary analysis of the worksite's programs and to make a preliminary determination regarding the worksite's qualifications for the VPP. Occupational Safety and Health Act of 1970 section 2(b)(1) authorizes this information collection. See 29 U.S.C. 651(b)(1). 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 1218-0239. OMB authorization for an ICR cannot be for more than three (3) years without renewal, and the DOL seeks to extend PRA authorization for this information collection for three (3) more years, without any change to existing requirements. For additional substantive information about this ICR, see the related notice published in the Federal Register on August 30, 2017 (82 FR 41294). 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 128-0239. 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-OSHA. Title of Collection: Voluntary Protection Program Information. OMB Control Number: 1218-0239. Affected Public: Private Sector--businesses or other for-profits. Total Estimated Number of Respondents: 3,468. Total Estimated Number of Responses: 3,808. Total Estimated Annual Time Burden: 90,863 hours. Total Estimated Annual Other Costs Burden: $0. Authority: 44 U.S.C. 3507(a)(1)(D). Michel Smyth, Departmental Clearance Officer. [FR Doc. 2018-05030 Filed 3-12-18; 8:45 am] BILLING CODE 4510-26-P
![Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Notices 10903
and, as remedial measures, stopped in any event, it does not constitute an appropriate result on the record in this
dispensing schedule II substances all acceptance of responsibility for case.
together.’’ Resp. Exceptions, at 8. violating the corresponding I agree with the CALJ’s assessment
Respondent also argues that, through responsibility rule. Further, the that, ‘‘[w]here no understanding is
Respondent’s Owner and PIC, it testimony was not offered in the context acquired about how the regulated
‘‘accepted the responsibility for not of addressing Respondent’s filling conduct fell short of professional and
documenting in every instance, its prescriptions from its Florida customers federal and state legal standards, it
efforts in resolving the red flags and as who travelled long distances to would be difficult (even illogical) to
[a] remedial measure stated that it patronize Respondent. Rather, the predict improvement.’’ Id. at 59. I also
‘document[s] everything that’s testimony was offered to address agree with the CALJ’s prediction that
possible.’ ’’ Id. It further contends that, Respondent’s filling of prescriptions for Respondent ‘‘is likely to proceed in the
‘‘[a]lthough . . . [Respondent’s Owner out-of-state customers, specifically future as it has in the past if not
and PIC] accepted responsibility for the customers from Kentucky about whom curtailed in its ability to do so.’’ Id. I
misfiling of the prescriptions, it is easily Respondent’s Owner and PIC testified further agree with the CALJ that the
deuced [sic] from the record and from she had been ‘‘clearly instructed’’ by ‘‘sheer number of established
the instituted corrective measures that DEA. Tr. 1023. transgressions of various types, coupled
the Respondent accepted the Notably, at no point in the hearing did with the refusal to admit that issues
responsibility for the missing Respondent’s Owner and PIC accept existed, would render a sanction less
information as well.’’ Id. at 18 n.19. responsibility, let alone accept than revocation as a message to the
I reject Respondent’s contentions. responsibility unequivocally, for regulated community that due diligence
Most significantly, Respondent’s Owner violating the corresponding is not a required condition precedent to
and PIC has entirely failed to responsibility regulation. Notably, the operating as a registrant.’’ Id.
acknowledge that Respondent violated testimony of Respondent’s Owner and Respondent has not rebutted the
the CSA when it knowingly dispensed PIC manifests that she still does not Government’s prima facie showing that
numerous controlled substance acknowledge the scope of a pharmacist’s its continued registration is
prescriptions which were clearly issued obligation under 21 CFR 1306.04(a). As ‘‘inconsistent with the public interest.’’
outside of the usual course of one example, she testified that ‘‘[t]he 21 U.S.C. 823(f). I will therefore order
professional practice and which lacked prescription is an order for the that Respondent’s registration be
a legitimate medical purpose. And even pharmacist to fill. For me not to fill that revoked and that any pending
as to the factual matters for which the applications be denied.
prescription, I have to have a very good
CALJ found she accepted responsibility,
reason not to fill it, because it’s an order Order
such as failing to adequately document
from the doctor to me to fill that
her conversations with prescribers, Pursuant to the authority vested in me
prescription for that patient.’’ Id. at
Respondent’s Owner and PIC by 21 U.S.C. 824(a) and 21 U.S.C. 823(f),
1168. As the Agency has previously
immediately equivocated by making as well as 28 CFR 0.100(b), I order that
recognized, a registrant cannot accept
excuses for not doing so in the future. DEA Certificate of Registration
responsibility for its misconduct when
She stated, ‘‘Now I document every FP1049546 issued to Pharmacy Doctors
it does not even understand what the
little thing that it’s concerned to the Enterprises d/b/a Zion Clinic Pharmacy
law requires of it. Alexander, 82 FR at
conversation and the dispensing of be, and it hereby is, revoked. I further
controlled substances. However, there’s 49,729. I agree with the CALJ’s
order that any pending application of
a lot of conversation going on on a daily conclusion that ‘‘there is no
Pharmacy Doctors Enterprises d/b/a
basis between doctors and offices.’’ Tr. unequivocal acceptance of
Zion Clinic Pharmacy for renewal or
1010–11. Similarly, after acknowledging responsibility on this record that would
modification of this registration be, and
that she filled controlled substance be particularly helpful to the
it hereby is, denied. This order is
prescriptions for patients who lived a Respondent’s efforts to avoid a
effective April 12, 2018.
significant distance from the pharmacy, sanction.’’ R.D., at 58.
Here, the CALJ concluded that ‘‘the Dated: February 28, 2018.
Respondent’s Owner and PIC justified
paltry nature of the Respondent’s Robert W. Patterson,
her filling of the prescriptions, asserting,
acceptance of responsibility would have Acting Administrator.
without any evidence to corroborate her
claim, that ‘‘some of them are working rendered remedial measure evidence [FR Doc. 2018–05020 Filed 3–12–18; 8:45 am]
locally and they all had a local doctor.’’ largely irrelevant.’’ Id. In addition, BILLING CODE 4410–09–P
Id. at 1026. Respondent’s misconduct included an
Respondent’s Owner and PIC also egregious abdication of the
testified that, ‘‘If the DEA provide me, corresponding responsibility DEPARTMENT OF LABOR
do not fill for 100 miles, like—that’s requirement involving the dispensing of
why I said, I accepted my responsibility, controlled substances such as Dilaudid Office of the Secretary
I took remedial measures. I do not fill 8 mg., a most potent and highly abused
schedule II prescriptions in my schedule II drug; the evidence also Agency Information Collection
pharmacy because of these conflicting shows that Respondent committed Activities; Submission for OMB
red flags. Because it’s a practice of extensive violations of other Federal Review; Comment Request; Voluntary
Florida to travel.’’ Id. at 1023–24. and State legal requirements. Thus, due Protection Program Information
Respondent characterized this to the Respondent’s ‘‘paltry’’ acceptance ACTION:Notice of availability; request
amozie on DSK30RV082PROD with NOTICES
testimony as meaning that Respondent’s of responsibility and its ‘‘intentional for comments.
Owner and PIC accepted responsibility decision to decline to notice evidence of
for filling long-distance prescriptions. remedial steps’’ leading to the SUMMARY: The Department of Labor
Resp. Br., at 36; see also Resp. preclusion of that evidence from (DOL) is submitting the Occupational
Exceptions, at 8. I specifically reject consideration, the CALJ recommended Safety and Health Administration
Respondent’s argument. Notably, this that ‘‘the record supports the imposition (OSHA) sponsored information
testimony began with the word ‘‘if’’ and of a sanction.’’ Id. I find that this is the collection request (ICR) titled,
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![10904 Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Notices
‘‘Voluntary Protection Program 2(b)(1) authorizes this information OMB Control Number: 1218–0239.
Information,’’ to the Office of collection. See 29 U.S.C. 651(b)(1). Affected Public: Private Sector—
Management and Budget (OMB) for This information collection is subject businesses or other for-profits.
review and approval for continued use, to the PRA. A Federal agency generally Total Estimated Number of
without change, in accordance with the cannot conduct or sponsor a collection Respondents: 3,468.
Paperwork Reduction Act of 1995 of information, and the public is Total Estimated Number of
(PRA). Public comments on the ICR are generally not required to respond to an Responses: 3,808.
invited. information collection, unless it is Total Estimated Annual Time Burden:
DATES: The OMB will consider all approved by the OMB under the PRA 90,863 hours.
written comments that agency receives and displays a currently valid OMB Total Estimated Annual Other Costs
on or before April 12, 2018. Control Number. In addition, Burden: $0.
ADDRESSES: A copy of this ICR with notwithstanding any other provisions of Authority: 44 U.S.C. 3507(a)(1)(D).
applicable supporting documentation; law, no person shall generally be subject
to penalty for failing to comply with a Michel Smyth,
including a description of the likely
collection of information that does not Departmental Clearance Officer.
respondents, proposed frequency of
display a valid Control Number. See 5 [FR Doc. 2018–05030 Filed 3–12–18; 8:45 am]
response, and estimated total burden
may be obtained free of charge from the CFR 1320.5(a) and 1320.6. The DOL BILLING CODE 4510–26–P
RegInfo.gov website at http:// obtains OMB approval for this
www.reginfo.gov/public/do/ information collection under Control
PRAViewICR?ref_nbr=201711-1218-002 Number 1218–0239. DEPARTMENT OF LABOR
or by contacting Michel Smyth by OMB authorization for an ICR cannot
be for more than three (3) years without Mine Safety and Health Administration
telephone at 202–693–4129, TTY 202–
693–8064 (these are not toll-free renewal, and the DOL seeks to extend Affirmative Decisions on Petitions for
numbers) or by email at DOL_PRA_ PRA authorization for this information Modification Granted in Whole or in
PUBLIC@dol.gov. collection for three (3) more years, Part
Submit comments about this request without any change to existing
by mail to the Office of Information and requirements. For additional substantive AGENCY: Mine Safety and Health
Regulatory Affairs, Attn: OMB Desk information about this ICR, see the Administration (MSHA), Labor.
Officer for DOL–OSHA, Office of related notice published in the Federal ACTION: Notice.
Management and Budget, Room 10235, Register on August 30, 2017 (82 FR
725 17th Street NW, Washington, DC 41294). SUMMARY: The Federal Mine Safety and
20503; by Fax: 202–395–5806 (this is Interested parties are encouraged to Health Act of 1977 and the Code of
not a toll-free number); or by email: send comments to the OMB, Office of Federal Regulations govern the
OIRA_submission@omb.eop.gov. Information and Regulatory Affairs at application, processing, and disposition
Commenters are encouraged, but not the address shown in the ADDRESSES of petitions for modification. This
required, to send a courtesy copy of any section within thirty (30) days of Federal Register notice notifies the
comments by mail or courier to the U.S. publication of this notice in the Federal public that MSHA has investigated and
Department of Labor—OASAM, Office Register. In order to help ensure issued a final decision on certain mine
of the Chief Information Officer, Attn: appropriate consideration, comments operator petitions to modify a safety
Departmental Information Compliance should mention OMB Control Number standard.
Management Program, Room N1301, 128–0239. ADDRESSES: Copies of the final decisions
200 Constitution Avenue NW, The OMB is particularly interested in are posted on MSHA’s website at
Washington, DC 20210; or by email: comments that: https://www.msha.gov/regulations/
DOL_PRA_PUBLIC@dol.gov. • Evaluate whether the proposed rulemaking/petitions-modification. The
collection of information is necessary public may inspect the petitions and
FOR FURTHER INFORMATION CONTACT:
for the proper performance of the final decisions during normal business
Michel Smyth by telephone at 202–693–
functions of the agency, including hours in MSHA’s Office of Standards,
4129, TTY 202–693–8064 (these are not
whether the information will have Regulations, and Variances, 201 12th
toll-free numbers) or by email at DOL_
practical utility; Street South, Suite 4E401, Arlington,
PRA_PUBLIC@dol.gov. • Evaluate the accuracy of the
SUPPLEMENTARY INFORMATION: This ICR Virginia 22202. All visitors are required
agency’s estimate of the burden of the
seeks to extend PRA authority for the to check in at the receptionist’s desk in
proposed collection of information,
Voluntary Protection Program (VPP) Suite 4E401.
including the validity of the
information collection. The VPP is a methodology and assumptions used; FOR FURTHER INFORMATION CONTACT:
partnership between labor, • Enhance the quality, utility, and Barbara Barron at 202–693–9447
management, and government designed clarity of the information to be (Voice), barron.barbara@dol.gov
to recognize and promote excellence in collected; and (Email), or 202–693–9441 (Telefax).
safety and health management. In order • Minimize the burden of the [These are not toll-free numbers].
to participate in the VPP, an applicant collection of information on those who SUPPLEMENTARY INFORMATION:
submits an application and an annual are to respond, including through the
self-evaluation containing a detailed I. Introduction
use of appropriate automated,
description of its safety and health electronic, mechanical, or other Under section 101 of the Federal Mine
amozie on DSK30RV082PROD with NOTICES
management programs to the OSHA, technological collection techniques or Safety and Health Act of 1977, a mine
which uses the information to conduct other forms of information technology, operator may petition and the Secretary
a preliminary analysis of the worksite’s e.g., permitting electronic submission of of Labor (Secretary) may modify the
programs and to make a preliminary responses. application of a mandatory safety
determination regarding the worksite’s Agency: DOL–OSHA. standard to that mine if the Secretary
qualifications for the VPP. Occupational Title of Collection: Voluntary determines that: (1) An alternative
Safety and Health Act of 1970 section Protection Program Information. method exists that will guarantee no
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Document Created: 2018-03-13 01:56:47
Document Modified: 2018-03-13 01:56:47
| 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 of availability; request for comments. | |
| Dates | The OMB will consider all written comments that agency receives on or before April 12, 2018. | |
| 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 | 83 FR 10903 |
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