30-day FRN (1218-0224) published

73808

Federal Register / Vol. 85, No. 224 / Thursday, November 19, 2020 / Notices

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.’’ 21 U.S.C.
802(21). Second, in setting the
requirements for obtaining a
practitioner’s registration, Congress
directed that ‘‘[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.’’ 21
U.S.C. 823(f). Because Congress has
clearly mandated that a practitioner
possess state authority in order to be
deemed a practitioner under the CSA,
the DEA has held repeatedly that
revocation of a practitioner’s registration
is the appropriate sanction whenever he
is no longer authorized to dispense
controlled substances under the laws of
the state in which he practices. See, e.g.,
James L. Hooper, 76 FR at 71,371–72;
Sheran Arden Yeates, M.D., 71 FR
39,130, 39,131 (2006); Dominick A.
Ricci, M.D., 58 FR 51,104, 51,105 (1993);
Bobby Watts, M.D., 53 FR 11,919, 11,920
(1988); Frederick Marsh Blanton, 43 FR
at 27,617.
Respondent argued that ‘‘[t]he matter
in Texas is temporary in nature, as it is
a Temporary Suspension.’’ 5 Resp
Opposition, at 1. He also argued that he
has active medical licenses in Georgia
and Ohio and that he does have state
authority in Texas. Id. at 2. However,
the Suspension Order issued by the
Texas Board clearly states that the
suspension is in effect until the Board
issues a superseding Order. GX 4, at 4.
Further, I agree with the Chief ALJ that
‘‘[a]s has been long established by
Agency [decisions], state licensure in a
state other than a respondent’s []
registration state is irrelevant to a DEA
enforcement proceeding. SD, at 4–5
(citing Craig K. Alhanati, D.D.S., 62 FR
32,658, 32,658 (1997)).
Because ‘‘the controlling question’’ in
a proceeding brought under 21 U.S.C.
824(a)(3) is whether the holder of a
practitioner’s registration ‘‘is currently
authorized to handle controlled
substances in the state,’’ James L.
Hooper, 76 FR at 71,371 (quoting Anne
Lazar Thorn, 62 FR 12,847, 12,848
(1997)), the Agency has also long held
that revocation is warranted even where
a practitioner is still challenging the
underlying action or where the state
action is temporary. Kambiz Haghighi,
M.D., 85 FR 5989 (2020); Bourne
Pharmacy, 72 FR 18,273, 18,274 (2007);
5 It is noted that Respondent presented no
arguments about the status of his medical license
in North Dakota.

VerDate Sep<11>2014

19:40 Nov 18, 2020

Jkt 253001

Wingfield Drugs, 52 FR 27,070, 27,071
(1987). Thus, it is of no consequence
that the action is a suspension. What is
consequential is my finding that
Respondent is no longer currently
authorized to dispense controlled
substances in Texas and North Dakota,
the two states where Respondent
maintains the registrations subject to
this action.
Under the Texas Controlled
Substances Act, a practitioner in Texas
‘‘may not prescribe, dispense, deliver, or
administer a controlled substance or
cause a controlled substance to be
administered under the practitioner’s
direction and supervision except for a
valid medical purpose and in the course
of medical practice.’’ Tex. Health and
Safety Code Ann. § 481.071 (West 2019).
The Texas Controlled Substances Act
defines ‘‘practitioner,’’ in relevant part,
as ‘‘a physician . . . licensed,
registered, or otherwise permitted to
distribute, dispense, analyze, conduct
research with respect to, or administer
a controlled substance in the course of
professional practice or research in this
state.’’ Id. at § 481.002 (39)(A). Further,
under the Texas Medical Practice Act, a
person must hold a license to practice
medicine in Texas. Tex. Occupations
Code Ann. § 155.001 (West 2019) (‘‘A
person may not practice medicine in
this state unless the person holds a
license issued under [the Medical
Practice Act].’’); see also id. at § 151.002
(‘‘‘Physician’ means a person licensed to
practice medicine in this state.’’).
Additionally, ‘‘[a] person commits an
offense if the person practices medicine
in [Texas] in violation of’’ the Act. Id.
at § 165.152(a).
Under North Dakota law, ‘‘‘[d]ispense’
means to deliver a controlled substance
to an ultimate user or research subject
by or pursuant to the lawful order of a
practitioner, including the prescribing,
administering, packaging, labeling, or
compounding necessary to prepare the
substance for that delivery.’’ N.D. Cent.
Code § 19–03.1–01(10) (West 2019).
Further, a ‘‘practitioner’’ is defined as,
‘‘A physician, dentist, veterinarian,
pharmacist, scientific investigator, or
other person licensed, registered, or
otherwise permitted by the jurisdiction
in which the individual is practicing to
distribute, dispense, conduct research
with respect to, or to administer a
controlled substance in the course of
professional practice or research.’’ Id. at
§ 19–03.1–01(25)(a). Therefore, because
Registrant currently is not licensed by
the jurisdiction in which he is
practicing, he is not authorized to
dispense controlled substances in North
Dakota.

PO 00000

Frm 00139

Fmt 4703

Sfmt 4703

Here, the undisputed evidence in the
record is that Respondent currently
lacks authority to practice medicine in
Texas and North Dakota. I, therefore,
find that Respondent is currently
without authority to dispense controlled
substance in Texas and North Dakota,
two states in which he is registered with
DEA, and I will order that Respondent’s
DEA registrations in these states be
revoked.
Order
Pursuant to 28 CFR 0.100(b) and the
authority vested in me by 21 U.S.C.
824(a), I hereby revoke DEA Certificates
of Registration Nos. FR7251642 and
FR5327285 issued to Jonathan
Rosenfield, M.D. Further, pursuant to 28
CFR 0.100(b) and the authority vested in
me by 21 U.S.C. 823(f), I hereby deny
any pending application of Jonathan
Rosenfield, M.D. to renew or modify
these registrations, as well as any other
application of Jonathan Rosenfield, M.D.
for additional registrations in Texas and
North Dakota. This Order is applicable
December 21, 2020.
Timothy J. Shea,
Acting Administrator.
[FR Doc. 2020–25524 Filed 11–18–20; 8:45 am]
BILLING CODE 4410–09–P

DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; Overhead
and Gantry Cranes Standard
Notice of availability; request
for comments.

ACTION:

The Department of Labor
(DOL) is submitting this Occupational
Health and Safety Administration
(OSHA)-sponsored information
collection request (ICR) to the Office of
Management and Budget (OMB) for
review and approval 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 December 21, 2020.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
SUMMARY:

E:\FR\FM\19NON1.SGM

19NON1

Federal Register / Vol. 85, No. 224 / Thursday, November 19, 2020 / Notices
for Public Comments’’ or by using the
search function.
Comments are invited on: (1) Whether
the collection of information is
necessary for the proper performance of
the functions of the Department,
including whether the information will
have practical utility; (2) if the
information will be processed and used
in a timely manner; (3) the accuracy of
the agency’s estimates of the burden and
cost of the collection of information,
including the validity of the
methodology and assumptions used; (4)
ways to enhance the quality, utility and
clarity of the information collection; and
(5) ways to minimize the burden of the
collection of information on those who
are to respond, including the use of
automated collection techniques or
other forms of information technology.
FOR FURTHER INFORMATION CONTACT:
Crystal Rennie by telephone at 202–
693–0456 (this is not a toll-free number)
or by email at DOL_PRA_PUBLIC@
dol.gov.
The
paperwork provisions of the Standard
specify requirements for: Marking the
rated load of cranes; preparing
certification records to verify the
inspection of the crane hooks, hoist
chains, and rope; preparing reports of
rated load test for repaired hooks or
modified cranes. Records and reports
must be maintained and disclosed upon
request. For additional substantive
information about this ICR, see the
related notice published in the Federal
Register on August 18, 2020 (85 FR
50838).
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 the OMB
approves it 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 OMB Control Number.
See 5 CFR 1320.5(a) and 1320.6.
DOL seeks PRA authorization for this
information collection for three (3)
years. OMB authorization for an ICR
cannot be for more than three (3) years
without renewal. The DOL notes that
information collection requirements
submitted to the OMB for existing ICRs
receive a month-to-month extension
while they undergo review.
Agency: DOL–OSHA.
Title of Collection: Overhead and
Gantry Cranes Standard.
OMB Control Number: 1218–0224.

SUPPLEMENTARY INFORMATION:

VerDate Sep<11>2014

19:40 Nov 18, 2020

Jkt 253001

Affected Public: Businesses or other
for-profits institutions.
Total Estimated Number of
Respondents: 31,495.
Total Estimated Number of
Responses: 642,566.
Total Estimated Annual Time Burden:
321,345 hours.
Total Estimated Annual Other Costs
Burden: $0.
Authority: 44 U.S.C. 3507(a)(1)(D).
Dated: November 13, 2020.
Anthony May,
Management and Program Analyst.
[FR Doc. 2020–25563 Filed 11–18–20; 8:45 am]
BILLING CODE 4510–26–P

DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; Notice of
Alleged Safety or Health Hazards
Notice of availability; request
for comments.

ACTION:

The Department of Labor
(DOL) is submitting this Occupational
Health and Safety Administration
(OSHA)-sponsored information
collection request (ICR) to the Office of
Management and Budget (OMB) for
review and approval 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 December 21, 2020.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
Comments are invited on: (1) Whether
the collection of information is
necessary for the proper performance of
the functions of the Department,
including whether the information will
have practical utility; (2) if the
information will be processed and used
in a timely manner; (3) the accuracy of
the agency’s estimates of the burden and
cost of the collection of information,
including the validity of the
methodology and assumptions used; (4)
ways to enhance the quality, utility and
clarity of the information collection; and
(5) ways to minimize the burden of the
SUMMARY:

PO 00000

Frm 00140

Fmt 4703

Sfmt 4703

73809

collection of information on those who
are to respond, including the use of
automated collection techniques or
other forms of information technology.
FOR FURTHER INFORMATION CONTACT:
Crystal Rennie by telephone at 202–
693–0456 (this is not a toll-free number)
or by email at DOL_PRA_PUBLIC@
dol.gov.
The
OSHA–7 Form is used by OSHA
personnel to report unhealthful and/or
unsafe conditions in the workplace. The
information is given to OSHA by
employees who wish to report
unhealthful and/or unsafe conditions at
their place of employment. Employee
reports are authorized by Section 8(f)(1)
of the OSH Act. This information is
used by OSHA to evaluate the alleged
hazards and to schedule an inspection.
The form is available in English and
Spanish. OSHA–7 Form has also been
translated into nine Asian American
Pacific Islander languages. For
additional substantive information
about this ICR, see the related notice
published in the Federal Register on
May 11, 2020 (85 FR 27765).
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 the OMB
approves it 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 OMB Control Number.
See 5 CFR 1320.5(a) and 1320.6.
DOL seeks PRA authorization for this
information collection for three (3)
years. OMB authorization for an ICR
cannot be for more than three (3) years
without renewal. The DOL notes that
information collection requirements
submitted to the OMB for existing ICRs
receive a month-to-month extension
while they undergo review.
Agency: DOL–OSHA.
Title of Collection: Notice of Alleged
Safety or Health Hazards.
OMB Control Number: 1218–0064.
Affected Public: Businesses or other
for-profits institutions.
Total Estimated Number of
Respondents: 76,036.
Total Estimated Number of
Responses: 76,036.
Total Estimated Annual Time Burden:
21,171 hours.
Total Estimated Annual Other Costs
Burden: $336.

SUPPLEMENTARY INFORMATION:

Authority: 44 U.S.C. 3507(a)(1)(D).

E:\FR\FM\19NON1.SGM

19NON1