Federal Register / Vol. 69, No. 223 / Friday, November 19, 2004 / Notices 67761

Administrator finds that Dr. Aquino is 

not currently authorized to practice 

medicine in the State of Florida. As a 

result, it is reasonable to infer he is also 

without authorization to handle 

controlled substances in that state. 

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 Rory Patrick Doyle, M.D., 

69 FR 11,655 (2004); Dominick A. Ricci, 

M.D., 58 FR 51,104 (1933); Bobby Watts, 

M.D., 53 FR 11,919 (1988). 

Here, it is clear Dr. Aquino’s medical 

license has been revoked and he is not 

currently authorized to handle 

controlled substances in Florida, where 

he is registered with DEA. Therefore, he 

is not entitled to a DEA registration in 

that state. 

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, AA1153991, issued to 

Nilvio R. Aquino, M.D., be, and it 

hereby is, revoked. The Deputy 

Administrator further orders that any 

pending applications for renewal or 

modification of such registration be, and 

they hereby are, denied. This order is 

effective December 20, 2004.

Dated: November 4, 2004. 

Michele M. Leonhart, 

Deputy Administrator.

[FR Doc. 04–25694 Filed 11–18–04; 8:45 am] 

BILLING CODE 4410–09–M

DEPARTMENT OF LABOR

Employment Standards Administration 

Proposed Collection; Comment 

Request

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/or continuing collections of 

information in accordance with the 

Paperwork Reduction Act of 1995 

(PRA95) (44 U.S.C. 3506(c)(2)(A)). This 

program 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 

Employment Standards Administration 

is soliciting comments concerning the 

proposed collection: Pre-Hearing 

Statement (LS–18). A copy of the 

proposed information collection request 

can be obtained by contacting the office 

listed below in the addresses section of 

this notice.

DATES: Written comments must be 

submitted to the office listed in the 

addresses section below on or before 

January 18, 2005.

ADDRESSES: Ms. Hazel M. Bell, U.S. 

Department of Labor, 200 Constitution 

Ave., NW., Room S–3201, Washington, 

DC 20210, telephone (202) 693–0418, 

fax (202) 693–1451, e-mail 

bell.hazel@dol.gov. Please use only one 

method of transmission for comments 

(mail, fax, or e-mail).

SUPPLEMENTARY INFORMATION

I. Background 

The Office of Workers’ Compensation 

Programs administers the Longshore 

and Harbor Workers’ Compensation Act. 

The Act provides benefits to workers 

injured in maritime employment on the 

navigable waters of the United States or 

in an adjoining area customarily used by 

an employer in loading, unloading, 

repairing, or building a vessel. Title 20, 

CFR 702.317 provides for the referral of 

claims under the Longshore Act for 

formal hearings. This section provides 

that, before a case is transferred to the 

Office of Administrative Law Judges, the 

district director shall furnish each of the 

parties or their representatives with a 

copy of a pre-hearing statement form. 

Each party shall, within 21 days after 

receipt of each form, complete it and 

return it to the district director. Upon 

receipt of the forms, the district director, 

after checking them for completeness 

and after any further conferences that, 

in his/her opinion, are warranted, shall 

transmit the forms to the Office of the 

Chief Administrative Law Judge. The 

LS–18 is used to refer cases to the Office 

of the Administrative Law Judges for 

formal hearings under the Act. This 

information collection is currently 

approved for use through May 31, 2005. 

II. Review Focus 

The Department of Labor is 

particularly interested in comments 

which: 

• 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. 

III. Current Actions 

The Department of Labor seeks the 

approval of the extension of this 

information collection in order to carry 

out its responsibility to prepare cases for 

formal hearings under the Act. 

Type of Review: Revision. 

Agency: Employment Standards 

Administration. 

Title: Pre-Hearing Statement. 

OMB Number: 1215–0085. 

Agency Number: LS–18. 

Affected Public: Individuals or 

households; business or other for-profit. 

Total Respondents: 5,400. 

Total Annual Responses: 5,400. 

Estimated Total Burden Hours: 864. 

Time Per Response: 10 minutes. 

Frequency: On occasion. 

Total Burden Cost (Capital/Startup):

$0. 

Total Burden Cost (Operating/

Maintenance): $2,220.75. 

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: November 15, 2004. 

Bruce Bohanon, 

Chief, Branch of Management Review and 

Internal Control, Division of Financial 

Management, Office of Management, 

Administration and Planning, Employment 

Standards Administration.

[FR Doc. 04–25685 Filed 11–18–04; 8:45 am] 

BILLING CODE 4510–CF–P

DEPARTMENT OF LABOR

Employment Standards Administration 

Proposed Collection; Comment 

Request

ACTION: Notice.