Federal Register / Vol. 69, No. 193 / Wednesday, October 6, 2004 / Notices 59961

Deputy Administrator now enters her 

final order without a hearing pursuant 

to 21 CFR 1301.43(d) and (3) and 

1301.46. 

The Deputy Administrator finds that 

Dr. Schwartz is currently registered with 

DEA as a practitioner authorized to 

handle controlled substances in 

Schedules II through V. According to 

information in the investigative file, on 

August 4, 2003, DEA received 

information from the Louisiana State 

Board of Medical Licensure (Board) that 

effective July 30, 2003, Dr. Schwartz 

was ‘‘no longer authorized to engage in 

the practice of medicine in any form in 

the State of Louisiana.’’ An 

accompanying document in the file 

reveals that the Board summarily 

suspended Dr. Schwartz’ State Medical 

license. The underlying basis for the 

board’s suspension order was not 

specified. 

Also on August 4, 2003, DEA received 

information that in response to the 

aforementioned suspension order of the 

Board, the Louisiana State Department 

of Health and Hospitals (LSDHH) 

summarily suspended Dr. Schwartz’

State Controlled Dangerous Substance 

License. According to a copy of a letter 

dated August 6, 2003 from LSDHH to 

Dr. Schwartz (obtained by a DEA 

investigator), Dr. Schwartz was 

prohibited from reapplying for 

reinstatement of his stated controlled 

substance registration ‘‘* * * until the 

[Board] notifies [LSDHH] in writing that 

[Dr. Schwartz’] controlled substance 

privileges have been reinstated.’’

There is no evidence before the 

Deputy Administrator to rebut findings 

that Dr. Schwartz’ Louisiana medical 

license, as well as his State controlled 

substance license, have been suspended, 

or that the suspensions have been lifted. 

Therefore, the Deputy Administrator 

finds that Dr. Schwartz is currently not 

authorized to handle controlled 

substances in Louisiana. 

DEA does not have statutory authority 

under the Controlled Substances Act to 

issue or maintain a registration if the 

applicant or registrant is without State 

authority to handle controlled 

substances in the State in which he 

conducts business. See 21 U.S.C. 

802(21), 823(f) and 824(a)(3). This 

prerequisite has been consistently 

upheld. See Richard J. Clement, M.D., 

68 FR 12103 (2003); Dominick A. Ricci, 

M.D., 58 FR 51104 (1993); Bobby Watts, 

M.D., 53 FR 11919 (1988). 

Here, it is clear that Dr. Schwartz’

State controlled substance license has 

been suspended and there is no 

information before the Deputy 

Administrator which points to the 

suspension having been lifted. As a 

result, Dr. Schwartz is not licensed to 

handle controlled substances in 

Louisiana, where he is registered with 

DEA. Therefore, he is not entitled to 

maintain that registration. 

Accordingly, the Deputy 

Administrator of the Drug Enforcement 

Administration, pursuant to the 

authority vested in her by 21 U.S.C. 823 

and 824 and 28 CFR 0.100(b) and 0.104, 

hereby orders that DEA Certificate of 

Registration, BS5860590, issued to 

Michael J. Schwartz, MD., be, and it 

hereby is, revoked. The Deputy 

Administrator further orders that any 

pending applications for renewal or 

modification of the aforementioned 

registration be, and it hereby is, denied. 

This order is effective November 5, 

2004.

Dated: September 8, 2004. 

Michele M. Leonhart, 

Deputy Administrator.

[FR Doc. 04–22421 Filed 10–5–04; 8:45 am] 

BILLING CODE 4410–09–M

DEPARTMENT OF JUSTICE

Federal Bureau of Investigation 

Meeting of the Compact Council for the 

National Crime Prevention and Privacy 

Compact

AGENCY: Federal Bureau of 

Investigation, DOJ.

ACTION: Meeting notice.

SUMMARY: The purpose of this notice is 

to announce a meeting of the National 

Crime Prevention and Privacy Compact 

Council (Compact Council) created by 

the National Crime Prevention and 

Privacy Compact Act of 1998 (Compact). 

Thus far, the Federal Government and 

21 States are parties to the Compact 

which governs the exchange of criminal 

history records for licensing, 

employment, and similar purposes. The 

Compact also provides a legal 

framework for the establishment of a 

cooperative Federal-State system to 

exchange such records. 

The United States Attorney General 

appointed 15 persons from Federal and 

State agencies to serve on the Compact 

Council. The Compact Council will 

prescribe system rules and procedures 

for the effective and proper operation of 

the Interstate Identification Index 

system. 

Matters for discussion are expected to 

include: 

(1) Noncriminal Justice Outsourcing 

Rule; 

(2) Establishing minimum standards 

for identification verification of 

applicants when being fingerprinted; 

and 

(3) Discussion of the notice advising 

of the approved methods for positive 

identification. 

The meeting will be open to the 

public on a first-come, first-seated basis. 

Any member of the public wishing to 

file a written statement with the 

Compact Council or wishing to address 

this session of the Compact Council 

should notify Mr. Todd C. Commodore 

at (304) 625–2803, at least 24 hours 

prior to the start of the session. The 

notification should contain the 

requestor’s name and corporate 

designation, consumer affiliation, or 

government designation, along with a 

short statement describing the topic to 

be addressed, and the time needed for 

the presentation. Requestors will 

ordinarily be allowed up to 15 minutes 

to present a topic.

DATES AND TIMES: The Compact Council 

will meet in open session from 9 a.m. 

until 5 p.m., on November 3–4, 2004.

ADDRESSES: The meeting will take place 

at the Hyatt Regency Denver, 1750 

Welton Street, Denver, Colorado, 

telephone (303) 295–1234.

FOR FURTHER INFORMATION CONTACT:

Inquiries may be addressed to Mr. Todd 

C. Commodore, FBI Compact Officer, 

Compact Council Office, Module C3, 

1000 Custer Hollow Road, Clarksburg, 

West Virginia 26306–0148, telephone 

(304) 625–2803, fascimile (304) 625–

5388.

Dated: September 23, 2004. 

Monte C. Strait, 

Section Chief, Programs Development 

Section, Criminal Justice Information Services 

Division, Federal Bureau of Investigation.

[FR Doc. 04–22450 Filed 10–5–04; 8:45 am] 

BILLING CODE 4410–02–M

DEPARTMENT OF LABOR

Employee Benefits Security 

Administration 

Proposed Extension of Information 

Collection Request Submitted for 

Public Comment and 

Recommendations: Prohibited 

Transaction Class Exemption T88–1

AGENCY: Employee Benefits Security 

Administration, Department of Labor.

ACTION: Notice.

SUMMARY: The Department of Labor, as 

part of its continuing effort to reduce 

paperwork and respondent burden, 

conducts a preclearance consultation 

program to provide the general public 

and Federal agencies with an 

59962 Federal Register / Vol. 69, No. 193 / Wednesday, October 6, 2004 / Notices 

opportunity to comment on proposed 

and continuing collections of 

information in accordance with the 

Paperwork Reduction Act of 1995 (PRA 

95) (44 U.S.C. 3506(c)(2)(A)). This helps 

to ensure that requested data can be 

provided in the desired format, 

reporting burden (time and financial 

resources) is minimized, collection 

instruments are clearly understood, and 

the impact of collection requirements on 

respondents can be properly assessed. 

Currently, the Employee Benefits 

Security Administration is soliciting 

comments concerning the extension of a 

currently approved collection of 

information, Prohibited Transaction 

Class Exemption T88–1. 

A copy of the proposed information 

collection request (ICR) can be obtained 

by contacting the office listed below in 

the ADDRESSES section of this notice.

DATES: Written comments must be 

submitted on or before December 6, 

2004.

ADDRESSES: Gerald B. Lindrew, Office of 

Policy and Research, U.S. Department of 

Labor, Employee Benefits Security 

Administration, 200 Constitution 

Avenue, NW., Room N–5647, 

Washington, DC 20210, (202) 693–8410, 

FAX (202) 693–4745. These are not tollfree numbers.

SUPPLEMENTARY INFORMATION: 

I. Background 

Prohibited Transaction Exemption 

T88–1 adopts, for purposes of the 

prohibited transaction provisions of 

section 8477(c)(2) of the Federal 

Employees’ Retirement System Act of 

1986 (FERSA), certain prohibited 

transaction class exemptions (the Class 

Exemptions) granted pursuant to section 

408(a) of the Employee Income Security 

Act of 1974. 

II. Current Actions 

This existing collection of information 

should be continued because, without 

the relief provided by this exemption, 

certain transactions described in the 

Class Exemptions might be prohibited 

by under FERSA. The recordkeeping 

requirements incorporated within the 

class exemption are intended to protect 

the interests of plan participants and 

beneficiaries. This ICR is intended to 

provide the Department with sufficient 

information to support a finding that the 

exemption meets the statutory standards 

of section 408(a) of ERISA, and to 

provide affected parties with the 

opportunity to comment on the 

proposed transaction, while at the same 

time reducing the regulatory burden 

associated with processing individual 

exemptions for transactions prohibited 

under ERISA. The exemption affects 

participants and beneficiaries of the 

plans that are involved in such 

transactions as well as the party 

entering into the transaction with the 

plan. 

III. Desired Focus of Comments 

The Department 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 submissions 

of responses. 

IV. Current Actions 

The Office of Management and 

Budget’s (OMB) approval of this ICR 

will expire on November 30, 2004. After 

considering comments received in 

response to this notice, the Department 

intends to submit the ICR to OMB for 

continuing approval. No change to the 

existing ICR is proposed or made at this 

time. 

Agency: Employee Benefits Security 

Administration. 

Title: Prohibited Transaction 

Exemption 96–62; Accelerated Approval 

of an Otherwise Prohibited Transaction. 

Type of Review: Extension of a 

currently approved collection of 

information. 

OMB Number: 1210–0095. 

Affected Public: Business or other forprofit, Not-for-profit institutions, 

Individuals. 

Total Respondents: 42. 

Total Responses: 42. 

Frequency: On occasion. 

Estimated Total Burden Hours: 53. 

Total Annual Costs (Operating and 

Maintenance): $37,884. 

Comments submitted in response to 

this notice will be summarized and/or 

included in the request for Office of 

Management and Budget approval of the 

information collection request; they will 

also become a matter of public record.

Dated: September 30, 2004. 

Gerald B. Lindrew, 

Deputy Director, Employee Benefits Security 

Administration, Office of Policy and 

Research.

[FR Doc. 04–22430 Filed 10–5–04; 8:45 am] 

BILLING CODE 4510–29–P

DEPARTMENT OF LABOR

Employee Benefits Security 

Administration 

Proposed Extension of Information 

Collection Request Submitted for 

Public Comment and 

Recommendations: Prohibited 

Transaction Class Exemption 96–62

AGENCY: Employee Benefits Security 

Administration, Department of Labor.

ACTION: Notice.

SUMMARY: The Department of Labor, as 

part of its continuing effort to reduce 

paperwork and respondent burden, 

conducts a preclearance consultation 

program to provide the general public 

and Federal agencies with an 

opportunity to comment on proposed 

and continuing collections of 

information in accordance with the 

Paperwork Reduction Act of 1995 (PRA 

95) (44 U.S.C. 3506(c)(2)(A)). This helps 

to ensure that requested data can be 

provided in the desired format, 

reporting burden (time and financial 

resources) is minimized, collection 

instruments are clearly understood, and 

the impact of collection requirements on 

respondents can be properly assessed. 

Currently, the Employee Benefits 

Security Administration is soliciting 

comments concerning the extension of a 

currently approved collection of 

information, Prohibited Transaction 

Class Exemption 96–62. 

A copy of the proposed information 

collection request (ICR) can be obtained 

by contacting the office listed below in 

the addresses section of this notice.

DATES: Written comments must be 

submitted on or before December 6, 

2004.

ADDRESSES: Gerald B. Lindrew, Office of 

Policy and Research, U.S. Department of 

Labor, Employee Benefits Security 

Administration, 200 Constitution 

Avenue, NW., Room N–5647, 

Washington, DC 20210, (202) 693–8410, 

FAX (202) 693–4745. These are not tollfree numbers.

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 408(a) of the Employee 

Retirement Income Security Act of 1974 

(ERISA) provides that the Secretary of