83 FR 20853 - William R. Montiel, M.D.; Decision and Order

DEPARTMENT OF JUSTICE
Drug Enforcement Administration

Federal Register Volume 83, Issue 89 (May 8, 2018)

Page Range		20853-20855
FR Document		2018-09738
Federal Register, Volume 83 Issue 89 (Tuesday, May 8, 2018)
[Federal Register Volume 83, Number 89 (Tuesday, May 8, 2018)]
[Notices]
[Pages 20853-20855]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09738]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


William R. Montiel, M.D.; Decision and Order

    On August 10, 2017, the Acting Assistant Administrator, Diversion 
Control Division, Drug Enforcement Administration, issued an Order to 
Show Cause to William R. Montiel, M.D. (hereinafter, Registrant), of 
Prattville, Alabama. GX 2. The Show Cause Order proposed the revocation 
of Registrant's authority under his DEA Certificate of Registration to 
dispense schedule II controlled substances, and the denial of ``any 
applications for renewal or modification of such [s]chedule II 
authority and any applications for any other DEA registrations with 
[s]chedule II authority pursuant to 21 U.S.C. 824(a)(3), because [he 
has] no state authority to handle controlled substances.'' Id. at 1.
    With respect to the Agency's jurisdiction, the Show Cause Order 
alleged that Registrant is registered as a practitioner with authority 
to dispense controlled substances in schedules II through V under 
Certificate of Registration No. FM0822812, at the location of 554C 
McQueen Smith Road, Prattville, Alabama. Id. The Order further alleged 
that this registration does not expire until January 31, 2020. Id.
    As the substantive ground for the proceeding, the Show Cause Order 
alleged that ``[o]n March 7, 2017, the Medical Licensure Commission of 
Alabama issued an Order restricting [Registrant's] license to practice 
medicine in . . . Alabama such that [he] `shall not prescribe any 
substance listed in [s]chedule II of the Alabama Controlled Substance 
Act . . . or any substance listed on the [DEA's] listing of [s]hedule 
II controlled substances.''' Id. at 1-2. The Show Cause Order thus 
alleged that as a result of the Commission's action, Registrant is 
``currently without authority to handle [s]chedule II controlled 
substances in . . . Alabama, the [S]tate in which [he is] registered 
with'' DEA, and that as a consequence, his schedule II authority is 
subject to revocation. Id. at 1-2.
    The Show Cause Order notified Registrant of his right to a hearing 
or to submit a written statement while waiving his right to a hearing, 
the procedure for electing either option, and the consequence of 
failing either option. Id. at 2 (citing 21 CFR 1301.43(a) & (c)). The 
Order also notified Registrant of his right to submit a corrective 
action plan. Id. at 2-3.
    On October 25, 2017, the Government submitted a Request for Final 
Agency Action (RFAA I). GX 5, at 4. Therein, the Government represented 
that ``[o]n August 10, 2017, personnel from DEA's Office of Chief 
Counsel, Diversion and Regulatory Section, mailed a copy of the Order 
to Registrant's registered address via first-class United States mail'' 
and that the letter was not returned ``as undeliverable.'' Id. The 
Government further represented that Registrant had neither requested a 
hearing, nor submitted a written statement while waiving his right to a 
hearing, within the 30-day time period following service for electing 
either option. Id. The Government thus maintained that Registrant had 
waived his right to either a hearing or to submit a written statement 
and sought a final order.
    On review, I held that the Government's effort at service was ``a

[[Page 20854]]

departure from the Agency traditional practice.'' GX 6 (Administrator's 
Order, Feb. 6, 2016). I also noted that ``the Government cite[d] no 
authority establishing that a sole effort of mailing by first class 
mail (with no evidence of delivery to the address) is sufficient to 
provide constitutionally adequate service for initiating a proceeding 
under the Due Process Clause.'' Id. I therefore ordered the Government 
``to either address why its effort was consistent with the Due Process 
Clause or to engage in additional reasonable efforts to serve 
Registrant.'' Id.
    On March 20, 2018, the Government submitted a Second Request for 
Final Agency Action. RFAA II, at 5. Therein, the Government represents 
that on August 15, 2017, the case agent travelled to Registrant's 
registered address to personally serve the Show Cause Order on 
Registrant. Id. at 2. The Government further represents that the case 
agent met with Registrant and upon informing Registrant that he was 
there to serve the Show Cause Order, Registrant stated that he had 
received the Order in the mail the previous day and showed the Order to 
the case agent who confirmed that it was identical to the Order he 
planned to serve on Registrant. Id. As support for these 
representations, the Government provided a declaration by the case 
agent. GX 7.
    Based on the case agent's declaration, I now find that Registrant 
was served with the Show Cause Order on August 14, 2017. In its Second 
Request, the Government again represents that ``Registrant has not 
requested a hearing and has not otherwise corresponded or communicated 
with DEA regarding the'' Show Cause Order, to ``include[e] the filing 
of [a] written statement in lieu of a hearing.'' RFAA II, at 2-3. 
Because more than 30 days have now passed since the date of service of 
the Show Cause Order, and Registrant has neither requested a hearing 
nor submitted a written statement while waiving his right to a hearing, 
I find that Registrant has waived his right to a hearing or to submit a 
written statement. 21 CFR 1301.43(d). I therefore issue this Decision 
and Order based on the evidentiary record submitted by the Government. 
Id. Sec.  1301.43(e). I make the following factual findings.

FINDINGS

    Registrant is the holder of DEA Certificate of Registration No. 
FM0822812, pursuant to which he is authorized to dispense controlled 
substances in schedules II through V as a practitioner, at the 
registered address of 554C McQueen Smith Road, Prattville, Alabama. GX 
1, at 1. This registration does not expire until January 31, 2020. Id.
    Registrant is also the holder of a medical license issued by the 
Medical Licensure Commission of Alabama. GX 3, at 2. Following a 
hearing, on March 7, 2017, the Commission issued an Order which found 
that Registrant's ``treatment of chronic pain patients is not in 
compliance with the Board of Medical Examiners' guidelines for pain 
management and the standards for the utilization of controlled 
substances set out'' in various provisions of the Alabama 
Administrative Code, ``in violation of Sec.  34-24-360(23) of the 
Alabama Code.'' GX 3, at 2-3. The Commission also found that 
Registrant's ``continued prescribing of'' schedule II controlled 
substances ``presents a risk of harm to his patients.'' Id. at 3. The 
Commission thus restricted Registrant's medical license to prohibit him 
from prescribing any schedule II controlled substance. Id. The 
Commission's Order became effective at midnight on June 23, 2017. Id. 
at 4 (Commission's Order, May 24, 2017). According to the online 
records of the Commission of which I take official notice, this 
restriction remains in effect as of the date of this Order. See http://www.albme.org (visited April 30, 2018).

DISCUSSION

    Under the Controlled Substances Act (CSA), a practitioner's 
registration grants authority to dispense a controlled substance, which 
by definition ``means to deliver a controlled substance to an ultimate 
user . . . by, or pursuant to the lawful order of, a practitioner.'' 21 
U.S.C. 802(10) (emphasis added). Likewise, the CSA defines the ``[t]he 
term `practitioner' [to] mean[] a physician . . . licensed, registered, 
or otherwise permitted, by . . . the jurisdiction in which he practices 
. . . to distribute, dispense, [or] administer . . . a controlled 
substance in the course of professional practice.'' Id. Sec.  802(21). 
Finally, under the CSA's registration provision applicable to a 
practitioner, ``[t]he Attorney General shall register practitioners . . 
. if the applicant is authorized to dispense . . . controlled 
substances under the laws of the State in which he practices.'' Id. 
Sec.  823(f). These provisions thus make clear that a practitioner's 
possession of federal authority to dispense controlled substances is 
generally premised on his possession of authority under state law to do 
so. See also see also id. Sec.  824(a)(3) (authorizing the suspension 
or revocation of registration issued under section 823 of the CSA, 
``upon a finding that the registrant . . . has had . . . [her] State 
License or registration suspended [or] revoked by competent State 
authority and is no longer authorized by State law to engage in the . . 
. dispensing of controlled substances'').
    As the Supreme Court recognized in United States v. Moore, 423 U.S. 
122, 140-41 (1975), ``[i]n the case of a physician this scheme 
contemplates that he is authorized by the State to practice medicine 
and to dispense drugs in connection with his professional practice. The 
federal registration . . . extends no further.''
    Thus, to the extent a practitioner is not authorized under state 
law to dispense certain categories or schedules of controlled 
substances, he can no longer lawfully dispense them under federal law. 
See Kenneth Harold Bull, 78 FR 62666, 62672, 62676 (2013) (restricting 
practitioner's registration to authorize the dispensing of only those 
controlled substances authorized to dispense under his state license). 
Accordingly, where a state board takes such action, at a minimum, a 
practitioner's CSA registration must be restricted to authorize the 
dispensing of only those controlled substances which he can lawfully 
dispense under state law. See id.; see also 21 U.S.C. 824(a)(3).
    Based on the Commission's Order, I find that Registrant is 
currently without authority to prescribe schedule II controlled 
substance under his Alabama Medical License. Because his authority 
under his DEA registration (in Alabama) can only extend as far as his 
state authority, I will order that his authority to prescribe schedule 
II controlled substances be revoked and that his registration be 
restricted to prohibit him from prescribing schedule II controlled 
substances.\1\
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    \1\ While the Government argues that ``Registrant's [s]chedule 
II authority should be revoked . . . because Registrant has no state 
authority to handle [s]chedule II controlled substances in 
Alabama,'' RFAA II, at 4, the various state Orders submitted by the 
Government address only his authority to prescribe and not to engage 
in other activities which fall within the definition of dispense, 
such as administering or direct dispensing, whether under the CSA or 
Alabama law. See Ala. Code Sec.  20-2-2 (defining the term 
``dispense'' to mean ``[t]o deliver a controlled substance to an 
ultimate user . . . by or pursuant to the lawful order of a 
practitioner, including the prescribing, [or] administering'' of a 
controlled substance). While it may have been the intent of the 
Commission to entirely limit Registrant's schedule II authority, 
that is not apparent on the face of its Orders.
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ORDER

    Pursuant to the authority vested in me by 28 CFR 0.100(b) and 21 
U.S.C. 824(a)(3), I order that the authority of William R. Montiel, 
M.D., to prescribe schedule II controlled substances under

[[Page 20855]]

Certificate of Registration No. FM0822812 be, and it hereby is, 
revoked. I further order that any application of William R. Montiel, 
M.D., to renew or modify his registration, or for any other 
registration in the State of Alabama, be, and it hereby is denied, to 
the extent it seeks authority to prescribe schedule II controlled 
substances in the State of Alabama. This ORDER is effective 
immediately.\2\
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    \2\ I further order that Registrant's Certificate of 
Registration be modified to reflect this restriction on his 
authority. Based on the findings of the Commission, I find that the 
public interest necessitates that the revocation of his schedule II 
prescribing authority be effective immediately. 21 CFR 1316.67.

    Dated: April 30, 2018.
Robert W. Patterson,
Acting Administrator.
[FR Doc. 2018-09738 Filed 5-7-18; 8:45 am]
 BILLING CODE 4410-09-P
Federal Register / Vol. 83, No. 89 / Tuesday, May 8, 2018 / Notices 20853

Information collected Reason for collection

Declaration whether the donor is involved with litigation or controversy To assist the Department in determining whether there are any issues
with the Department. associated with the proffer of the gift that need to be more closely
examined.
Declaration whether the donor is engaged in any financial or business To assist the Department in determining whether there are any issues
relationship with the Department. associated with the proffer of the gift that need to be more closely
examined.
Declaration whether the donor has been debarred, excluded or dis- To assist the Department in determining whether there are any issues
qualified from the non-procurement common rule, or otherwise de- associated with the proffer of the gift that need to be more closely
clared ineligible from doing business with any Federal agency. examined.
Declaration as to whether the donation is expected to be involved with To assist the Department in determining whether there are any issues
marketing or advertising. associated with the proffer of the gift that need to be more closely
examined.
Declaration whether the donor is seeking to attach conditions to the do- To assist the Department in determining whether there are any issues
nation. associated with the proffer of the gift that need to be more closely
examined.
Declaration whether this proposed donation is or is not part of a series To assist the Department in determining the scope and context of the
of donations to the Department. donation, and to assist in determining whether there are any issues
associated with the proffer of the gift that need to be more closely
examined.
Signature, Printed Name, Date, Organization, Email address, City, To establish the contact information of the potential donor, and have
State, Zip, and daytime or work phone number. the certifier sign the certification form.

Title of Collection: Donor Certification DEPARTMENT OF JUSTICE Controlled Substance Act . . . or any
Form. substance listed on the [DEA’s] listing of
Drug Enforcement Administration [s]hedule II controlled substances.’’’ Id.
OMB Control Number: 1090–0009.
at 1–2. The Show Cause Order thus
Form Number: DI–3680. William R. Montiel, M.D.; Decision and alleged that as a result of the
Type of Review: Extension of a Order Commission’s action, Registrant is
currently approved collection. On August 10, 2017, the Acting ‘‘currently without authority to handle
Respondents/Affected Public: Assistant Administrator, Diversion [s]chedule II controlled substances in
Individuals or households, Businesses, Control Division, Drug Enforcement . . . Alabama, the [S]tate in which [he
Not-for-profit institutions, Tribal Administration, issued an Order to is] registered with’’ DEA, and that as a
Show Cause to William R. Montiel, M.D. consequence, his schedule II authority
governments.
(hereinafter, Registrant), of Prattville, is subject to revocation. Id. at 1–2.
Total Estimated Number of Annual Alabama. GX 2. The Show Cause Order The Show Cause Order notified
Respondents: 100. proposed the revocation of Registrant’s Registrant of his right to a hearing or to
Total Estimated Number of Annual authority under his DEA Certificate of submit a written statement while
Responses: 100. Registration to dispense schedule II waiving his right to a hearing, the
controlled substances, and the denial of procedure for electing either option, and
Estimated Completion Time per
‘‘any applications for renewal or the consequence of failing either option.
Response: 20 Minutes. Id. at 2 (citing 21 CFR 1301.43(a) & (c)).
modification of such [s]chedule II
Total Estimated Number of Annual authority and any applications for any The Order also notified Registrant of his
Burden Hours: 33 Hours. other DEA registrations with [s]chedule right to submit a corrective action plan.
Respondent’s Obligation: Voluntary. II authority pursuant to 21 U.S.C. Id. at 2–3.
824(a)(3), because [he has] no state On October 25, 2017, the Government
Frequency of Collection: Once per submitted a Request for Final Agency
authority to handle controlled
prospective donor per fiscal year. Action (RFAA I). GX 5, at 4. Therein,
substances.’’ Id. at 1.
Total Estimated Annual Nonhour With respect to the Agency’s the Government represented that ‘‘[o]n
Burden Cost: None. jurisdiction, the Show Cause Order August 10, 2017, personnel from DEA’s
An agency may not conduct or alleged that Registrant is registered as a Office of Chief Counsel, Diversion and
sponsor and a person is not required to practitioner with authority to dispense Regulatory Section, mailed a copy of the
respond to a collection of information controlled substances in schedules II Order to Registrant’s registered address
unless it displays a currently valid OMB through V under Certificate of via first-class United States mail’’ and
Registration No. FM0822812, at the that the letter was not returned ‘‘as
control number.
location of 554C McQueen Smith Road, undeliverable.’’ Id. The Government
The authority for this action is the Prattville, Alabama. Id. The Order further represented that Registrant had
Paperwork Reduction Act of 1995 (44 further alleged that this registration does neither requested a hearing, nor
U.S.C. 3501 et seq). not expire until January 31, 2020. Id. submitted a written statement while
Douglas A. Glenn,
As the substantive ground for the waiving his right to a hearing, within
proceeding, the Show Cause Order the 30-day time period following service
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Deputy Chief Financial Officer and Director, alleged that ‘‘[o]n March 7, 2017, the for electing either option. Id. The
Office of Financial Management.
Medical Licensure Commission of Government thus maintained that
[FR Doc. 2018–09745 Filed 5–7–18; 8:45 am] Alabama issued an Order restricting Registrant had waived his right to either
BILLING CODE 4334–63–P [Registrant’s] license to practice a hearing or to submit a written
medicine in . . . Alabama such that [he] statement and sought a final order.
‘shall not prescribe any substance listed On review, I held that the
in [s]chedule II of the Alabama Government’s effort at service was ‘‘a

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20854 Federal Register / Vol. 83, No. 89 / Tuesday, May 8, 2018 / Notices

departure from the Agency traditional Prattville, Alabama. GX 1, at 1. This [her] State License or registration
practice.’’ GX 6 (Administrator’s Order, registration does not expire until suspended [or] revoked by competent
Feb. 6, 2016). I also noted that ‘‘the January 31, 2020. Id. State authority and is no longer
Government cite[d] no authority Registrant is also the holder of a authorized by State law to engage in the
establishing that a sole effort of mailing medical license issued by the Medical . . . dispensing of controlled
by first class mail (with no evidence of Licensure Commission of Alabama. GX substances’’).
delivery to the address) is sufficient to 3, at 2. Following a hearing, on March As the Supreme Court recognized in
provide constitutionally adequate 7, 2017, the Commission issued an United States v. Moore, 423 U.S. 122,
service for initiating a proceeding under Order which found that Registrant’s 140–41 (1975), ‘‘[i]n the case of a
the Due Process Clause.’’ Id. I therefore ‘‘treatment of chronic pain patients is physician this scheme contemplates that
ordered the Government ‘‘to either not in compliance with the Board of he is authorized by the State to practice
address why its effort was consistent Medical Examiners’ guidelines for pain medicine and to dispense drugs in
with the Due Process Clause or to management and the standards for the connection with his professional
engage in additional reasonable efforts utilization of controlled substances set practice. The federal registration . . .
to serve Registrant.’’ Id. out’’ in various provisions of the extends no further.’’
On March 20, 2018, the Government Alabama Administrative Code, ‘‘in Thus, to the extent a practitioner is
submitted a Second Request for Final violation of § 34–24–360(23) of the not authorized under state law to
Agency Action. RFAA II, at 5. Therein, Alabama Code.’’ GX 3, at 2–3. The dispense certain categories or schedules
the Government represents that on Commission also found that Registrant’s of controlled substances, he can no
August 15, 2017, the case agent ‘‘continued prescribing of’’ schedule II longer lawfully dispense them under
travelled to Registrant’s registered controlled substances ‘‘presents a risk of federal law. See Kenneth Harold Bull,
address to personally serve the Show harm to his patients.’’ Id. at 3. The 78 FR 62666, 62672, 62676 (2013)
Cause Order on Registrant. Id. at 2. The Commission thus restricted Registrant’s (restricting practitioner’s registration to
Government further represents that the medical license to prohibit him from authorize the dispensing of only those
case agent met with Registrant and upon prescribing any schedule II controlled controlled substances authorized to
informing Registrant that he was there substance. Id. The Commission’s Order dispense under his state license).
to serve the Show Cause Order, became effective at midnight on June 23, Accordingly, where a state board takes
Registrant stated that he had received 2017. Id. at 4 (Commission’s Order, May such action, at a minimum, a
the Order in the mail the previous day 24, 2017). According to the online practitioner’s CSA registration must be
and showed the Order to the case agent records of the Commission of which I restricted to authorize the dispensing of
who confirmed that it was identical to take official notice, this restriction only those controlled substances which
the Order he planned to serve on remains in effect as of the date of this he can lawfully dispense under state
Registrant. Id. As support for these Order. See http://www.albme.org law. See id.; see also 21 U.S.C. 824(a)(3).
representations, the Government (visited April 30, 2018). Based on the Commission’s Order, I
provided a declaration by the case find that Registrant is currently without
DISCUSSION
agent. GX 7. authority to prescribe schedule II
Based on the case agent’s declaration, Under the Controlled Substances Act controlled substance under his Alabama
I now find that Registrant was served (CSA), a practitioner’s registration Medical License. Because his authority
with the Show Cause Order on August grants authority to dispense a controlled under his DEA registration (in Alabama)
14, 2017. In its Second Request, the substance, which by definition ‘‘means can only extend as far as his state
Government again represents that to deliver a controlled substance to an authority, I will order that his authority
‘‘Registrant has not requested a hearing ultimate user . . . by, or pursuant to the
to prescribe schedule II controlled
and has not otherwise corresponded or lawful order of, a practitioner.’’ 21
substances be revoked and that his
communicated with DEA regarding the’’ U.S.C. 802(10) (emphasis added).
registration be restricted to prohibit him
Show Cause Order, to ‘‘include[e] the Likewise, the CSA defines the ‘‘[t]he
from prescribing schedule II controlled
filing of [a] written statement in lieu of term ‘practitioner’ [to] mean[] a
substances.1
a hearing.’’ RFAA II, at 2–3. Because physician . . . licensed, registered, or
more than 30 days have now passed otherwise permitted, by . . . the ORDER
since the date of service of the Show jurisdiction in which he practices . . . Pursuant to the authority vested in me
Cause Order, and Registrant has neither to distribute, dispense, [or] administer by 28 CFR 0.100(b) and 21 U.S.C.
requested a hearing nor submitted a . . . a controlled substance in the 824(a)(3), I order that the authority of
written statement while waiving his course of professional practice.’’ Id. William R. Montiel, M.D., to prescribe
right to a hearing, I find that Registrant § 802(21). Finally, under the CSA’s schedule II controlled substances under
has waived his right to a hearing or to registration provision applicable to a
submit a written statement. 21 CFR practitioner, ‘‘[t]he Attorney General 1 While the Government argues that ‘‘Registrant’s

1301.43(d). I therefore issue this shall register practitioners . . . if the [s]chedule II authority should be revoked . . .
Decision and Order based on the applicant is authorized to dispense . . . because Registrant has no state authority to handle
controlled substances under the laws of [s]chedule II controlled substances in Alabama,’’
evidentiary record submitted by the RFAA II, at 4, the various state Orders submitted
Government. Id. § 1301.43(e). I make the the State in which he practices.’’ Id. by the Government address only his authority to
following factual findings. § 823(f). These provisions thus make prescribe and not to engage in other activities
clear that a practitioner’s possession of which fall within the definition of dispense, such
FINDINGS federal authority to dispense controlled as administering or direct dispensing, whether
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under the CSA or Alabama law. See Ala. Code § 20–
Registrant is the holder of DEA substances is generally premised on his 2–2 (defining the term ‘‘dispense’’ to mean ‘‘[t]o
Certificate of Registration No. possession of authority under state law deliver a controlled substance to an ultimate user
FM0822812, pursuant to which he is to do so. See also see also id. § 824(a)(3) . . . by or pursuant to the lawful order of a
authorized to dispense controlled (authorizing the suspension or practitioner, including the prescribing, [or]
administering’’ of a controlled substance). While it
substances in schedules II through V as revocation of registration issued under may have been the intent of the Commission to
a practitioner, at the registered address section 823 of the CSA, ‘‘upon a finding entirely limit Registrant’s schedule II authority, that
of 554C McQueen Smith Road, that the registrant . . . has had . . . is not apparent on the face of its Orders.

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Federal Register / Vol. 83, No. 89 / Tuesday, May 8, 2018 / Notices 20855

Certificate of Registration No. —Earth Science Program High Impact designed to evaluate remote aircraft
FM0822812 be, and it hereby is, Research basing and operations, community
revoked. I further order that any It is imperative that the meeting be engagement, sonic boom measurements,
application of William R. Montiel, M.D., held on this date to accommodate the and community annoyance surveys. The
to renew or modify his registration, or scheduling priorities of the key effort will improve research methods for
for any other registration in the State of participants. future community-scale response testing
Alabama, be, and it hereby is denied, to using a purpose-built, low boom flight
Deborah F. Bloxon,
the extent it seeks authority to prescribe demonstration aircraft (LBFD).
schedule II controlled substances in the Federal Liaison Officer.
NASA supported a prior risk
State of Alabama. This ORDER is [FR Doc. 2018–09803 Filed 5–7–18; 8:45 am]
reduction field test to evaluate data
effective immediately.2 BILLING CODE 7510–13–P
collection methods for low boom
Dated: April 30, 2018. community response at Edwards Air
Robert W. Patterson, Force Base (EAFB) in November 2011.
NATIONAL AERONAUTICS AND
Acting Administrator. The annoyance response findings from
SPACE ADMINISTRATION
[FR Doc. 2018–09738 Filed 5–7–18; 8:45 am] the study are not readily generalizable
BILLING CODE 4410–09–P
[18–041] to a larger population, as the residents
at EAFB are accustomed to hearing full
Notice of Information Collection level sonic booms on a routine basis.
NATIONAL AERONAUTICS AND AGENCY: National Aeronautics and II. Methods of Collection
SPACE ADMINISTRATION Space Administration (NASA).
Web-Based/Electronic.
[Notice: (18–046)] ACTION: Notice of information collection.
III. Data
Earth Science Advisory Committee; SUMMARY: The National Aeronautics and
Space Administration, as part of its Title: 2018 Quiet Supersonic Flight
Meeting Community Response Test.
continuing effort to reduce paperwork
AGENCY: National Aeronautics and and respondent burden, invites the OMB Number: 2700–xxxx.
Space Administration. general public and other Federal Type of review: New Clearance.
ACTION: Notice of meeting. agencies to take this opportunity to Affected Public: Individuals and
comment on proposed and/or Households, Businesses and
SUMMARY: In accordance with the continuing information collections. Organizations, State, Local, or Tribal
Federal Advisory Committee Act, as Government.
amended, the National Aeronautics and DATES: All comments should be
submitted within June 7, 2018. Average Expected Annual Number of
Space Administration (NASA)
announces a meeting of the Earth ADDRESSES: All comments should be activities: Four questionnaires
Science Advisory Committee (ESAC). addressed to Lori Parker, National administered with varying frequency
This Committee functions in an Aeronautics and Space Administration, over 10 days.
advisory capacity to the Director, Earth 300 E Street SW, Washington, DC Average number of Respondents per
Science Division, in the NASA Science 20546–0001. Activity: 500 respondents (maximum).
Mission Directorate. The meeting will FOR FURTHER INFORMATION CONTACT: Annual Responses: 112 responses
be held for the purpose of soliciting, Requests for additional information or (maximum) per respondent.
from the Earth science community and copies of the information collection Frequency of Responses: 10 responses
other persons, scientific and technical instrument(s) and instructions should (maximum) per day.
information relevant to program be directed to Lori Parker, NASA Average minutes Per Response:
planning. Clearance Officer, NASA Headquarters, Typical response time is 2 minutes
DATES: Tuesday, May 29, 2018, 1:00 300 E Street SW, JF0000, Washington, Burden Hours: Not to exceed 2,000
p.m.–2:00 p.m., Eastern Time. DC 20546, (202) 358–1351. hours.
ADDRESSES: This meeting will take place SUPPLEMENTARY INFORMATION: IV. Request for Comments
telephonically. Any interested person I. Abstract
must use a touch-tone phone to Comments are invited on: (1) Whether
participate in this meeting. Any Supersonic flight over land is the proposed collection of information
interested person may call the USA toll currently restricted in the U.S. and is necessary for the proper performance
free number 1–888–955–8964, passcode many countries because sonic boom of the functions of NASA, including
3820950. noise disturbs people on the ground and whether the information collected has
FOR FURTHER INFORMATION CONTACT: can potentially damage private property. practical utility; (2) the accuracy of
KarShelia Henderson, Science Mission NASA is researching the public NASA’s estimate of the burden
Directorate, NASA Headquarters, acceptability of quiet commercial (including hours and cost) of the
Washington, DC 20546, (202) 358–2355, supersonic flight. As sufficient research proposed collection of information; (3)
fax (202) 358–2779, or khenderson@ is assembled, there is potential for a ways to enhance the quality, utility, and
nasa.gov. change in federal and international clarity of the information to be
The agenda for the meeting includes regulations. collected; and (4) ways to minimize the
The 2018 Quiet Supersonic Flight burden of the collection of information
sradovich on DSK3GMQ082PROD with NOTICES

the following topic:
Community Response Test will correlate on respondents, including automated
2 I further order that Registrant’s Certificate of human annoyance response with low collection techniques or the use of other
Registration be modified to reflect this restriction level supersonic exposure in a forms of information technology.
on his authority. Based on the findings of the community setting. The supersonic Comments submitted in response to
Commission, I find that the public interest
necessitates that the revocation of his schedule II
exposure will be generated with an F– this notice will be summarized and
prescribing authority be effective immediately. 21 18 research aircraft performing a included in the request for OMB
CFR 1316.67. specialized maneuver. This effort is approval of this information collection.

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Document Created: 2018-05-08 01:31:33
Document Modified: 2018-05-08 01:31:33
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
FR Citation		83 FR 20853
83 FR 20853 - William R. Montiel, M.D.; Decision and Order

DEPARTMENT OF JUSTICEDrug Enforcement Administration

Federal Register Volume 83, Issue 89 (May 8, 2018)

DEPARTMENT OF JUSTICE
Drug Enforcement Administration
