67760 Federal Register / Vol. 69, No. 223 / Friday, November 19, 2004 / Notices 

DC 20531; by telephone at: (202) 353–

4343; e-mail: Jana.S.White@usdoj.gov;

or fax: (202) 307–3911. You may also 

view the Committee’s Web site at:

http://www.ojp.usdoj.gov/vawo/nac/

welcome.html.

SUPPLEMENTARY INFORMATION: The 

Committee is chartered by the Attorney 

General, and co-chaired by the Attorney 

General and the Secretary of Health and 

Human Services (the Secretary), to 

provide the Attorney General and the 

Secretary with practical and general 

policy advice concerning 

implementation of the Violence Against 

Women Act of 1994, the Violence 

Against Women Act of 2000, and related 

laws. The Committee also assists in the 

efforts of the Department of Justice and 

the Department of Health and Human 

Services to combat violence against 

women, especially domestic violence, 

sexual assault, and stalking. Because 

violence against women is increasingly 

recognized as a public health problem of 

staggering human cost, the Committee 

brings national attention to the problem 

to increase public awareness of the need 

for prevention and enhanced victim 

services. 

This meeting will primarily focus on 

the Committee’s work; there will, 

however, be an opportunity for public 

comment on the Committee’s role in 

providing general policy guidance on 

implementation of the Violence Against 

Women Act of 1994, the Violence 

Against Women Act of 2000, and related 

laws. 

Schedule: This meeting will be held 

on December 7, 2004, from 8:30 a.m. 

until 4 p.m., and will include breaks 

and a working lunch. The meeting will 

begin with consideration of the draft 

report prepared by the drafting 

subcommittee of the Committee. Time 

will be reserved for public comment 

beginning at 11:30 a.m. and ending at 12 

p.m. See the section below for 

information on reserving time for public 

comment. 

Access: This meeting will be open to 

the public but registration on a spaceavailable basis is required. Persons who 

wish to attend must register at least six 

(6) days in advance of the meeting by 

contacting Jana Sinclair White by e-mail 

at: Jana.S.White@usdoj.gov; or fax: (202) 

307–3911. All attendees will be required 

to sign in at the meeting registration 

desk. Please bring photo identification 

and allow extra time prior to the 

meeting.

The meeting site is accessible to 

individuals with disabilities. 

Individuals who require special 

accommodations in order to attend the 

meeting should notify Jana Sinclair 

White by e-mail at: 

Jana.S.White@usdoj.gov; or fax at: (202) 

307–3911, no later than November 30, 

2004. After this date, we will attempt to 

satisfy accommodation requests, but 

cannot guarantee the availability of any 

requests. 

Written Comments: Interested parties 

are invited to submit written comments 

by November 30, 2004, to Jana Sinclair 

White at The National Advisory 

Committee on Violence Against Women, 

810 Seventh Street, NW., Washington, 

DC 20531. Comments may also be 

submitted by e-mail at 

Jana.S.White@usdoj.gov; or fax at (202) 

307–3911. 

Public Comment: Persons interested 

in participating during the public 

comment period of the meeting, which 

will discuss the implementation of the 

Violence Against Women Act of 1994 

and the Violence Against Women Act of 

2000, are requested to reserve time on 

the agenda by contacting Jana Sinclair 

White by e-mail at 

Jana.S.White@usdoj.gov; or fax at (202) 

307–3911. Requests must include the 

participant’s name, organization 

represented, if appropriate, and a brief 

description of the issue. Each 

participant will be permitted 

approximately 3 to 5 minutes to present 

comments, depending on the number of 

individuals reserving time on the 

agenda. Participants are also encouraged 

to submit two written copies of their 

comments at the meeting. 

Given the expected number of 

individuals interested in presenting 

comments at the meeting, reservations 

should be made as soon as possible. 

Persons unable to obtain reservations to 

speak during the meetings are 

encouraged to submit written 

comments, which will be accepted at 

the meeting site or may be mailed to the 

Committee at 810 Seventh Street, NW., 

Washington, DC 20531.

Diane M. Stuart, 

Director, Office on Violence Against Women.

[FR Doc. 04–25736 Filed 11–18–04; 8:45 am] 

BILLING CODE 4410–18–P

DEPARTMENT OF JUSTICE

Drug Enforcement Administration 

Nilvio R. Aquino, M.D. Revocation of 

Registration 

On February 25, 2002, the Deputy 

Assistant Administrator, Office of 

Diversion Control, Drug Enforcement 

Administration (DEA), issued an Order 

to Show Cause to Nilvio R. Aquino, 

M.D. (Dr. Aquino) who was notified of 

an opportunity to show cause as to why 

DEA should not revoke his DEA 

Certificate of Registration AA1153991, 

under 21 U.S.C. 824(a)(3) and deny any 

pending applications for renewal or 

modification of that registration under 

21 U.S.C. 823(f). 

The Order to Show Cause alleged in 

relevant part, that Dr. Aquino’s medical 

license in Florida had been revoked 

after he was convicted of a crime 

directly relating to the practice of 

medicine and that he did not currently 

have a State license to practice medicine 

in Florida, the State in which he is 

registered with DEA. The Order to Show 

Cause also notified Dr. Aquino that 

should no request for a hearing be filed 

within 30 days, his hearing right would 

be deemed waived. 

The Order to Show Cause was sent by 

certified mail to Dr. Aquino, who was 

then incarcerated at the Federal 

Penitentiary at Eglin Air Force Base, 

Florida. A second copy was sent to his 

registered address at 2140 West 68th 

Street, Suite 310, Hialeah, Florida. 

According to the return receipt, the 

Order to Show Cause sent to the Federal 

facility was delivered to Dr. Aquino on 

March 4, 2002. DEA has not received a 

request for a hearing or any other reply 

from Dr. Aquino or anyone purporting 

to represent him in this matter. 

Therefore, the Deputy Administrator 

of DEA, finding that (1) thirty days 

having passed since the delivery of the 

Order to Show Cause to the registrant’s 

address of record, as well as to his 

address as a Federal inmate, and (2) no 

request for hearing having been 

received, concludes that Dr. Aquino is 

deemed to have waived his hearing 

right. See David W. Linder, 67 FR 12579 

(2002). After considering material from 

the investigative file in this matter, the 

Deputy Administrator now enters her 

final order without a hearing pursuant 

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

1301.46. 

The Deputy Administrator finds that 

Dr. Aquino was licensed to practice 

medicine in the State of Florida under 

license number ME39969. In 1998 he 

was indicted on Federal charges 

involving inappropriate billing of the 

Medicare program. He was subsequently 

convicted and sentenced to a 51 month 

term of incarceration. On June 20, 2001, 

as a result of this conviction, the Florida 

Board of Medicine (Board) revoked Dr. 

Aquino’s medical license. There is no 

evidence before the Deputy 

Administrator that the Board’s order 

revoking Dr. Aquino’s state medical 

license has been has been lifted or 

stayed and on October 15, 2004, it was 

confirmed via the Florida Department of 

Health, that his license remains in a 

revoked status. Therefore, the Deputy 

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.