16838 Federal Register / Vol. 76, No. 58 / Friday, March 25, 2011 / Notices 

M.L.G., a resident of Florida; he 

prescribed propoxyphene and 

acetaminophen, a schedule IV 

controlled substance, to M.S.E., a 

resident of Colorado; and on two 

occasions, he prescribed alprazolam, a 

schedule IV controlled substance to 

B.P., a resident of Florida. 

Third, Respondent violated the 

MOA’s prohibition against his 

prescribing to a member of his 

immediate family. More specifically, on 

September 24, 2007, Respondent 

prescribed 160 tablets of phenobarbital, 

a schedule IV controlled substance, to 

his wife. Moreover, when questioned by 

the DIs regarding the prescription, 

Respondent denied having called in the 

prescription and asserted that he had 

only called in a refill of an earlier 

prescription which had been written by 

another physician. Respondent’s 

statement was false because the other 

physician had authorized refills for only 

sixteen tablets, and it was materially 

false because the MOA prohibited him 

from prescribing to a family member 

and was thus capable of influencing the 

decision of the Agency as to whether to 

seek the revocation of his registration. 

See David A. Hoxie, M.D., 69 FR 51477, 

51479 (2004) (considering false 

statements to investigators under factor 

five). 

Fourth, Respondent violated the 

MOA’s requirement that he maintain a 

log of all controlled-substance 

prescriptions he issued. More 

specifically, Respondent failed to 

document fourteen controlled-substance 

prescriptions in the log. 

Finally, Respondent violated the 

MOA’s requirement that he notify DEA, 

in writing, within twenty days, of ‘‘the 

initiation of any action by a state entity 

to * * * suspend, revoke, or otherwise 

limit [his] authority to handle controlled 

substances.’’ Notwithstanding that the 

State filed an Administrative Complaint 

against him, which sought to impose 

sanctions on his medical license and his 

authority to handle controlled 

substances, see Mich. Comp. Laws 

§ 333.7311(6), Respondent failed to 

notify DEA that the proceeding had 

been brought. 

DEA has long held that a registrant’s 

failure to comply with the terms of an 

MOA can constitute acts which render 

his registration inconsistent with the 

public interest. See Fredal Pharmacy, 55 

FR 53592, 53593 (1990) (holding that 

pharmacy which violated MOA ‘‘ha[d] 

engaged in conduct which threatens the 

public health and safety’’). This is so 

even if the violation of the MOA does 

not establish a violation of the CSA or 

its implementing regulations. Moreover, 

Respondent’s various violations of the 

MOA, as well as his having made a false 

statement to the Investigators, show that 

he cannot be trusted to faithfully 

comply with the obligations of a 

registrant. I therefore conclude that 

Respondent’s registration should be 

revoked and his pending application 

should be denied. 

Order 

Pursuant to the authority vested in me 

by 21 U.S.C. 823(f) & 824(a)(4), as well 

as by 28 CFR 0.100(b) & 0.104, I order 

that DEA Certificate of Registration, 

AF9086415, issued to Erwin E. 

Feldman, D.O., be, and it hereby is, 

revoked. I further order that any 

application of Erwin E. Feldman, D.O., 

to renew or modify such registration, be, 

and it hereby is, denied. This Order is 

effective April 25, 2011. 

Dated: March 10, 2011. 

Michele M. Leonhart, 

Administrator. 

[FR Doc. 2011–7047 Filed 3–24–11; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

Federal Bureau of Prisons 

Finding of No Significant Impact; 

Notice of Availability of the Finding of 

No Significant Impact (FONSI) 

Concerning a Proposal To Award a 

Contract for New Low Security Beds to 

One Private Contractor To House 

Approximately 1,000 Federal, LowSecurity, Adult Male, Non-US Citizen, 

Criminal Aliens at a Contractor-Owned, 

Contractor-Operated Correctional 

Facility 

AGENCY: U.S. Department of Justice, 

Federal Bureau of Prisons. 

ACTION: Finding of No Significant 

Impact. 

SUMMARY: The U.S. Department of 

Justice, Federal Bureau of Prisons (BOP) 

announces the availability of the 

Finding of No Significant Impact 

(FONSI) concerning the Environmental 

Assessment (EA) for the proposal to 

award one or more contracts to house 

approximately, 1,000 federal, lowsecurity, adult males, criminal aliens 

within one existing contractor owned, 

contractor operated facility. 

Background Information 

Growth of the federal inmate 

population has been substantial over the 

last two decades. Currently, the 

increased federal inmate population 

exceeds the combined rated capacities 

of the 116 BOP facilities. It is projected 

that this growth will continue as a result 

of actions and programs implemented 

by the U.S. Department of Justice and 

the U.S. Department of Homeland 

Security regarding sentenced and 

unsentenced criminal aliens. 

In response, the BOP is seeking 

flexibility in managing its current 

shortage of beds by contracting for those 

services with non-federal facilities to 

house federal inmates. This approach 

provides the BOP with flexibility to 

meet population capacity needs in a 

timely fashion, conform to federal law, 

and maintain fiscal responsibility, while 

successfully attaining the mission of the 

BOP. 

The BOP proposed action is to award 

one contract to house approximately 

1,000 federal low-security, adult male, 

non-U.S. citizen, criminal aliens at an 

existing privately owned and privately 

operated correctional facility. Under the 

Proposed Action, the selected contractor 

would be required to operate the facility 

in a manner consistent with the mission 

and requirements of the BOP. All 

inmate services would be developed in 

a manner that complies with the BOP’s 

contract requirements, as well as 

applicable federal, state, and local laws 

and regulations. The contract also 

requires that no new construction or 

expansion of the existing facility occur. 

In addition, the facility will be within 

proximity, and have access to, 

ambulatory, fire and police protection 

services. The federal inmates assigned 

to this facility would consist primarily 

of inmates with sentences of 90 months 

or less remaining to be served. As 

described previously these inmates are 

anticipated to be low-security, adult 

male, non-U.S. citizen, criminal aliens, 

however the BOP may designate any 

inmate within its custody to serve their 

sentence in this facility. The contract 

awarded for this action would have one 

four-year base period and three, twoyear option periods, for a maximum 

term of ten years. 

Five existing privately owned and 

operated correctional facilities in 

Kentucky, Louisiana, and Texas have 

been offered in response to the BOP’s 

nationwide solicitation from which the 

BOP will award one contract to one of 

the five facilities offered. Each of the 

following existing facilities has been 

evaluated in this EA. In addition, the No 

Action Alternative is evaluated, to 

determine baseline conditions and 

comply with the provisions of NEPA. 

• Lee Adjustment Center. Located on 

an approximately 90 acre parcel in 

Beattyville, Kentucky. 

• Limestone County Detention 

Center. Located on a 293 acre parcel in 

Groesbeck, Texas. 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 76, No. 58 / Friday, March 25, 2011 / Notices 16839 

• Jackson Parish Correctional Center. 

Located on approximately 20 acres in 

Jonesboro, Louisiana. 

• Pine Prairie Correctional Center. 

Located on an approximately 15 acre 

parcel in Pine Prairie, Louisiana. 

• Jack Harwell Detention Center. 

Located on an approximately 20 acre 

parcel in Waco, Texas. 

No other facilities are under 

consideration by the BOP 

Project Information 

Pursuant to Section 102, 42 U.S.C. 

4332, of the National Environmental 

Policy Act (NEPA) of 1969, as amended 

and the Council on Environmental 

Quality Regulations (40 CFR Parts 1500– 

1508), the BOP published an EA 

concerning a proposal to award one 

contract to house approximately 1,000 

Iow-security, adult male, criminal aliens 

within one existing contractor-owned 

and contractor-operated correctional 

facility. 

Under the current solicitation, the 

BOP required that, prior to contract 

award, offerors provide information 

regarding past environmental activities 

and the environmental condition of the 

proposed sites and institutions. The EA, 

which is incorporated by reference 

describes the potential environmental 

impacts associated with the Action 

Alternatives, as well as the No Action 

Alternative. The stated purpose and 

need was the provision of 

approximately 1,000 beds although the 

overall system need is far greater. The 

document describes baseline 

environmental conditions, including the 

natural and human environments, 

addresses potential environmental 

impacts of the No Action Alternative 

and Action Alternatives, and includes 

appropriate mitigation measures. 

Further, as required by the 

solicitation, the BOP has taken several 

steps regarding offerors environmental 

documentation. First, the BOP has 

independently evaluated and verified 

the accuracy of the offerors 

environmental documentation. Second, 

the BOP has given greater consideration 

to the proposal which represents the 

preferred alternative. Third, the BOP 

reserved the right to eliminate proposals 

based on the adequacy of the 

documentation provided by the 

offeror(s) or the potential impact to the 

quality of the human environment. Last, 

the BOP reserved the right to disclose or 

make public any environmental 

documentation or other environmental 

information. 

An impact analysis of the alternatives 

was prepared as part of the EA. The 

analysis evaluated natural, cultural, and 

socioeconomic impacts of the Proposed 

Action for each of the Action 

Alternatives. The analysis included the 

environmental information provided by 

the offerors, as well as site visits. The 

BOP published the EA on January 28, 

2011 and published a Notice of 

Availability (NOA) in the Federal 

Register and in local newspapers 

associated with each of the five 

proposed alternative locations. The 

NOA provided a 30-day public 

comment period which began on 

January 28, 2011 and ended on February 

28, 2011. The BOP also distributed 

copies of the EA to federal, state and 

local officials, resource agencies, and 

other interested parties. No comments 

were received regarding the EA during 

the 30-day comment period. However, 

the BOP did receive a letter from an 

individual after the end of the comment 

period containing several comments 

related to the Lee Adjustment Center 

alternative in Beattyville, Kentucky. 

Although this comment letter was 

received after the comment period 

ended, the BOP reviewed and 

considered comments on the Lee 

Adjustment Center alternative in the 

NEPA process. 

The Limestone County Detention 

Center in Groesbeck, Texas is the 

selected alternative that best meets 

BOP’s needs and has no significant 

impact on the human, natural or 

cultural environment. Mitigation for the 

project is not required due to the lack 

of impacts to natural, cultural, and 

socioeconomic resources. 

Implementation of the proposed action 

at the Limestone County Detention 

Center in conjunction with past, 

present, or reasonably foreseeable future 

actions, is not anticipated to result in 

major adverse cumulative impacts to 

natural, cultural or socioeconomic 

resources in the area. 

Availability of Finding of No 

Significant Impact 

Pursuant to the requirements of the 

NEPA and subsequent guidelines for 

preparing environmental documents, 

including 40 CFR 1506.5(b), the BOP 

has conducted its own evaluation of the 

environmental issues and takes 

responsibility for the scope and content 

of the EA prepared for New Low 

Security Beds, January 2011. The BOP 

has determined that the selected action 

does not significantly impact the quality 

of the human environment. 

The FONSI and other information 

regarding the proposed action are 

available upon request by contacting: 

Richard A. Cohn, Chief, or Issac J. 

Gaston, Site Specialist Capacity 

Planning and Site Selection, Federal 

Bureau of Prisons, 320 First Street, NW., 

Washington, DC 20534 Tel: 202–514– 

6470, Fax: 202–616–6024/E-mail: 

racohn@bop.gov origaston@bop.gov 

FOR FURTHER INFORMATION CONTACT: 

Richard A. Cohn, or Issac J. Gaston, 

Federal Bureau of Prisons. 

Dated: March 16, 2011. 

Richard A. Cohn, 

Chief, Capacity Planning and Site Selection 

Branch. 

[FR Doc. 2011–6819 Filed 3–24–11; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Agency Information Collection 

Activities; Submission for OMB 

Review; Comment Request; Petition 

for Classifying Labor Surplus Areas 

ACTION: Notice. 

SUMMARY: The Department of Labor 

(DOL) hereby announces the submission 

of the Employment and Training 

Administration (ETA) sponsored 

information collection request (ICR) 

titled, ‘‘Petition for Classifying Labor 

Surplus Areas,’’ to the Office of 

Management and Budget (OMB) for 

review and approval for continued use 

in accordance with the Paperwork 

Reduction Act of 1995 (Pub. L. 104–13, 

44 U.S.C. chapter 35). 

DATES: Submit comments on or before 

April 25, 2011. 

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 from the RegInfo.gov 

Web site, http://www.reginfo.gov/ 

public/do/PRAMain, on the day 

following publication of this notice or 

by contacting Michel Smyth by 

telephone at 202–693–4129 (this is not 

a toll-free number) or sending an e-mail 

to DOL_PRA_PUBLIC@dol.gov. 

Submit comments about this request 

to the Office of Information and 

Regulatory Affairs, Attn: OMB Desk 

Officer for the Department of Labor, 

Employment and Training 

Administration (ETA), Office of 

Management and Budget, Room 10235, 

Washington, DC 20503, Telephone: 

202–395–6929/Fax: 202–395–6881 

(these are not toll-free numbers), e-mail: 

OIRA_submission@omb.eop.gov. 

FOR FURTHER INFORMATION CONTACT: 

Contact Michel Smyth by telephone at 

202–693–4129 (this is not a toll-free 

number) or by e-mail at 

DOL_PRA_PUBLIC@dol.gov. 


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