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Federal Register / Vol. 71, No.

170 / Friday, September 1, 2006 / Notices 52147

respond, including through the use of DEPARTMENT OF JUSTICE respond, including through the use of
appropriate automated, electronic, appropriate automated, electronic,
mechanical, or other technological Bureau of Alcohol, Tobacco, Firearms mechanical, or other technological
collection techniques or other forms and Explosives collection techniques or other forms
of information technology, e.g., [OMB Number 1140–0076] of information technology, e.g.,
permitting electronic submission of permitting electronic submission of
responses. Agency Information Collection responses.
Activities: Proposed Collection; Overview of This Information
Overview of This Information Comments Requested
Collection Collection
ACTION: 30-Day Notice of Information (1) Type of Information Collection:
(1) Type of Information Collection: Collection Under Review: Relief of Extension of a currently approved
Extension of a currently approved Disabilities. collection.
collection. (2) Title of the Form/Collection: Relief
The Department of Justice (DOJ), of Disabilities.
(2) Title of the Form/Collection: List
Bureau of Alcohol, Tobacco, Firearms (3) Agency form number, if any, and
of Responsible Persons.
and Explosives (ATF) has submitted the the applicable component of the
(3) Agency form number, if any, and following information collection request Department of Justice sponsoring the
the applicable component of the to the Office of Management and Budget collection: Form Number: None. Bureau
Department of Justice sponsoring the (OMB) for review and approval in of Alcohol, Tobacco, Firearms and
collection: Form Number: None. Bureau accordance with the Paperwork Explosives.
of Alcohol, Tobacco, Firearms and Reduction Act of 1995. The proposed (4) Affected public who will be asked
Explosives. information collection is published to or required to respond, as well as a brief
(4) Affected public who will be asked obtain comments from the public and abstract: Primary: Business or other for-
or required to respond, as well as a brief affected agencies. This proposed profit. Other: None. Abstract: Any
abstract: Primary: Individuals or information collection was previously person prohibited from shipping or
published in the Federal Register transporting any explosive in or
households. Other: Business or other
Volume 71, Number 81, pages 24863– affecting interstate or foreign commerce
foe-profit. Abstract: All persons holding
24864 on April 27, 2006, allowing for a or from receiving or possessing any
ATF explosives licenses or permits must 60-day comment period.
report any change in responsible explosive which has been shipped or
The purpose of this notice is to allow transported in or affecting interstate or
persons or employees authorized to for an additional 30 days for public foreign commerce may make application
possess explosive materials to ATF. comment until October 2, 2006. This for relief from disabilities.
Such report must be submitted within process is conducted in accordance with (5) An estimate of the total number of
30 days of the change and must include 5 CFR 1320.10. respondents and the amount of time
appropriate identifying information for Written comments and/or suggestions estimated for an average respondent to
each responsible person. regarding the items contained in this respond: It is estimated that 50
(5) An estimate of the total number of notice, especially the estimated public respondents will take 1 minute to
respondents and the amount of time burden and associated response time, support documentation for relief.
estimated for an average respondent to should be directed to The Office of (6) An estimate of the total burden (in
respond: There will be an estimated Management and Budget, Office of hours) associated with the collection:
Information and Regulatory Affairs, The estimated annual total burden
50,000 respondents and it will take 1
Attention Department of Justice Desk associated with this collection is 1 hour.
hour to complete the report.
Officer, Washington, DC 20503. If additional information is required
(6) An estimate of the total burden (in Additionally, comments may be contact: Lynn Bryant, Department
hours) associated with the collection: submitted to OMB via facsimile to (202) Clearance Officer, United States
There are an estimated 100,000 total 395–5806. Department of Justice, Policy and
burden hours associated with this Written comments and suggestions Planning Staff, Justice Management
collection. from the public and affected agencies Division, Suite 1600, Patrick Henry
If additional information is required concerning the proposed collection of Building, 601 D Street NW.,
contact: Lynn Bryant, Department information are encouraged. Your Washington, DC 20530.
comments should address one or more
Clearance Officer, United States Dated: August 29, 2006.
of the following four points:
Department of Justice, Policy and Lynn Bryant,
Planning Staff, Justice Management —Evaluate whether the proposed
collection of information is necessary Department Clearance Officer, United States
Division, Suite 1600, Patrick Henry Department of Justice.
for the proper performance of the
Building, 601 D Street NW., [FR Doc. E6–14579 Filed 8–31–06; 8:45 am]
functions of the agency, including
Washington, DC 20530.
whether the information will have BILLING CODE 4410–FY–P
Dated: August 29, 2006. practical utility;
Lynn Bryant, —Evaluate the accuracy of the agencies
estimate of the burden of the DEPARTMENT OF JUSTICE
Department Clearance Officer, United States
Department of Justice. proposed collection of information,
Drug Enforcement Administration
[FR Doc. E6–14577 Filed 8–31–06; 8:45 am] including the validity of the
methodology and assumptions used;
sroberts on PROD1PC70 with NOTICES

BILLING CODE 4410–FY–P James Curtis Dilday, M.D.; Revocation


—Enhance the quality, utility, and of Registration
clarity of the information to be
collected; and On June 27, 2005, the Deputy
—Minimize the burden of the collection Assistant Administrator, Office of
of information on those who are to Diversion Control, Drug Enforcement

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52148 Federal Register / Vol. 71, No. 170 / Friday, September 1, 2006 / Notices

Administration, issued an Order to On August 12, 2005, the ALJ issued a DEPARTMENT OF JUSTICE
Show Cause to James Curtis Dilday, memorandum to counsel offering
M.D. (Respondent) of Little Rock, Respondent the opportunity to respond Drug Enforcement Administration
Arkansas. The Show Cause Order to the Government’s motion by 4 p.m. [Docket No. 03–8]
proposed to revoke Respondent’s DEA eastern time on August 29, 2005. By
Certificate of Registration, BD1434872, September 23, 2005, when no response Jayam Krishna-Iyer, M.D.; Revocation
as a practitioner, and to deny any had been filed, the ALJ issued her of Registration
pending applications for renewal or Opinion and Recommended Decision.
modification of the registration, on the Introduction and Procedural History
grounds that Respondent’s state medical The ALJ explained that Respondent
did not deny that he lacked authority On October 17, 2002, the Deputy
license had been revoked, see 21 U.S.C. Assistant Administrator, Office of
824(a)(3), and that Respondent had under Arkansas law to handle
controlled substances in that State. ALJ Diversion Control, Drug Enforcement
committed acts that rendered his Administration, issued an Order to
registration inconsistent with the public Dec. at 2. Noting that DEA precedents
Show Cause to Jayam Krishna-Iyer, M.D.
interest. See id. § 824(a)(4); see also id. have ‘‘consistently held that a person
(Respondent), of Clearwater, Florida.
§ 823(f). may not hold a DEA registration if he is
The Show Cause Order proposed to
The Show Cause Order specifically without appropriate authority under the
revoke Respondent’s DEA certification
alleged that on numerous occasions, laws of the state in which he does of registration, No. AK2006648, as a
Respondent had improperly prescribed business,’’ the ALJ concluded that practitioner on the grounds that
controlled substances (including ‘‘[b]ecause Respondent lacks this state Respondent had committed acts which
Schedule II controlled substances) to ten authority * * * he is not entitled to rendered her continued registration
patients. See Show Cause Order at 2–4. retain his DEA registration.’’ Id. inconsistent with the public interest.
The Show Cause Order also alleged that (citations omitted). Furthermore, as no See 21 U.S.C. 824(a)(4). The Show
between November 28, 2000, and material fact was in dispute, summary Cause Order also proposed to deny any
November 12, 2002, Respondent had disposition was appropriate. See id. The applications for renewal or modification
submitted fifteen fraudulent claims to ALJ thus granted the government’s of her registration.
insurers for medical services that were motion and recommended that The Show Cause Order alleged that
not performed. See id. at 4–5. The Show Respondent’s registration be revoked between March 24, 1999, and June 24,
Cause Order further alleged that and any pending applications be
Respondent had pled no contest on 1999, the Pinellas County, Florida,
denied. See id. at 2–3. Sheriff’s Office had conducted four
behalf of his medical corporation in a
state criminal proceeding to fifteen Having considered the record as a undercover visits to Respondent’s
counts of committing fraudulent whole, I hereby issue this decision and medical office. In essence, the Show
insurance acts and fifteen counts of final order. I adopt in its entirety the Cause Order alleged that during three of
theft. See id. at 6. Finally, the Show ALJ’s opinion and recommended the visits, Respondent had met with
Cause Order alleged that the Arkansas decision. Because the facts are three different undercover operatives
State Medical Board had revoked straightforward and not in dispute, there who had told her that they were not
Respondent’s state medical license. See is no need to elaborate on them. As the currently in pain but that they were
id. The Show Cause Order also notified ALJ found, Respondent is no longer users of various controlled substances
Respondent of its right to a hearing. See authorized to distribute controlled such as Lorcet and Vicodin. See Show
id. at 7. substances under State law. Therefore, Cause Order at 2–3. The Show Cause
Respondent, through his counsel, under our precedents, Respondent is not Order further alleged that Respondent
requested a hearing; the case was entitled to maintain his DEA had issued prescriptions for controlled
assigned to Administrative Law Judge registration. See Sheran Arden Yeates, substances without performing a
(ALJ) Mary Ellen Bittner. Thereafter, on M.D., 71 FR 39130, 39131 (2006); physical exam. See Id. The Show Cause
August 11, 2005, the Government Dominick A. Ricci, M.D., 58 FR 51104, Order alleged that Respondent had
moved for summary disposition and to 51105 (1993); Bobby Watts, M.D., 53 FR indicated in the patient records for each
stay the proceeding. The Government’s undercover operative that they had
11919, 11920 (1988).
motion for summary disposition was complained of pain when each had
based on the fact that on June 21, 2004, Order ‘‘clearly stated that they were not in
the Arkansas State Medical Board pain.’’ Id. at 3. The Order also alleged
revoked Respondent’s state medical Accordingly, pursuant to the that that Respondent had told the
license. The Government asserted that authority vested in me by 21 U.S.C. undercover operatives that she could
as a result of the revocation of §§ 823(f) & 824(a), as well as 28 CFR offer them a detox program or could
Respondent’s medical license, 0.100(b) & 0.104, I hereby order that ‘‘arrange an appropriate treatment
Respondent was without authority to DEA Certificate of Registration, plan.’’ Id. at 3.
handle controlled substances in BD1434872, issued to James Curtis The Show Cause Order further alleged
Arkansas, the State in which Dilday, M.D., be, and it hereby is, that on the second visit of one of the
Respondent was registered with DEA. revoked. I further order that any undercover operatives, the operative
Because DEA has consistently pending application for renewal or had been seen by a nurse practitioner,
interpreted the Controlled Substances modification of such registration be, and Ben Mastridge. While Mastridge told
Act as barring a federal registration if a they hereby are, denied. This order is him that Respondent would not
practitioner lacks authority under state effective October 2, 2006. prescribe narcotics if the operative was
law to handle controlled substances in not in pain, he nonetheless issued him
sroberts on PROD1PC70 with NOTICES

Dated: August 22, 2006.


the State where he practices, the a prescription, which had been pre-
Michele M. Leonhart,
Government sought a ruling from the signed by Respondent, for Lorcet,
ALJ recommending the revocation of Deputy Administrator. Xanax, and Soma. See Id. at 2. The
Respondent’s DEA registration and [FR Doc. E6–14521 Filed 8–31–06; 8:45 am] Order further alleged that Mastridge had
terminating the proceeding. BILLING CODE 4410–09–P offered ‘‘to initiate Methadone

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