8750 Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Notices 

Respondent also holds both an 

allopathic physician’s license and a 

controlled substance registration as an 

allopathic physician which have been 

issued by the Rhode Island Board of 

Medical Licensure and Discipline. On 

January 24, 2008, Respondent entered 

into a consent order with the Rhode 

Island Board; the order suspended 

Respondent’s Rhode Island licenses 

based on the July 30, 2007 order of the 

New York Department of Health, State 

Board of Professional Medical Conduct, 

which had revoked his New York 

medical license on fourteen different 

grounds. The Rhode Island Board’s 

order became effective on February 13, 

2008. According to the online records of 

the Rhode Island Board, the suspension 

remains in effect as of the date of this 

Decision and Final Order. The Rhode 

Island Board’s online records further 

indicate that Respondent’s state 

controlled substances registration is 

inactive, because a prerequisite (i.e., his 

state medical license) is inactive. I 

therefore find that Respondent is not 

currently authorized under Rhode 

Island law to dispense controlled 

substances. 

Discussion 

Under the Controlled Substances Act 

(CSA), a practitioner must be currently 

authorized to handle controlled 

substances in ‘‘the jurisdiction in which 

he practices’’ in order to maintain a DEA 

registration. See 21 U.S.C. 802(21) 

(‘‘[t]he term ‘practitioner’ means a 

physician * * * 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’’). See 

also id. § 823(f) (‘‘The Attorney General 

shall register practitioners * * * if the 

applicant is authorized to dispense 

* * * controlled substances under the 

laws of the State in which he 

practices.’’). As these provisions make 

plain, possessing authority under state 

law to handle controlled substances is 

an essential condition for holding a DEA 

registration. 

Accordingly, DEA has held repeatedly 

that the CSA requires the revocation of 

a registration issued to a practitioner 

whose state license has been suspended 

or revoked. Scott Sandarg, 74 FR 17528, 

17529 (2009); Sheran Arden Yeates, 71 

FR 39130, 39131 (2006); Dominick A. 

Ricci, 58 FR 51104, 51105 (1993); Bobby 

Watts, 53 FR 11919, 11920 (1988). See 

also 21 U.S.C. 824(a)(3) (authorizing the 

revocation of a registration ‘‘upon a 

finding that the registrant * * * has had 

his State license or registration 

suspended [or] revoked * * * and is no 

longer authorized by State law to engage 

in the * * * distribution [or] dispensing 

of controlled substances’’). 

As found above, Respondent currently 

lacks authority to dispense controlled 

substances in Rhode Island, the State in 

which he holds his DEA registration. 

Because Respondent no longer meets 

the CSA’s fundamental requirement for 

holding a registration, see 21 U.S.C. 

823(f), his registration will be revoked. 

Order 

Pursuant to the authority vested in me 

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

28 CFR 0.100(b) & 0.104, I order that 

DEA Certificate of Registration, 

BW6030857, issued to Dwayne LaFrantz 

Wilson, M.D., be, and it hereby is, 

revoked. I further order that any 

pending application of Dwayne 

LaFrantz Wilson, M.D., to renew or 

modify his registration, be, and it hereby 

is, denied. This Order is effective March 

29, 2010. 

Dated: February 13, 2010. 

Michele M. Leonhart, 

Deputy Administrator. 

[FR Doc. 2010–3766 Filed 2–24–10; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Submission for OMB Review: 

Comment Request 

February 19, 2010. 

The Department of Labor (DOL) 

hereby announces the submission of the 

following public information collection 

requests (ICR) to the Office of 

Management and Budget (OMB) for 

review and approval in accordance with 

the Paperwork Reduction Act of 1995 

(Pub. L. 104–13, 44 U.S.C. chapter 35). 

A copy of each ICR, with applicable 

supporting documentation; including 

among other things a description of the 

likely respondents, proposed frequency 

of response, and estimated total burden 

may be obtained from the RegInfo.gov 

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

public/do/PRAMain or by contacting 

Darrin King on 202–693–4129 (this is 

not a toll-free number)/e-mail: 

DOL_PRA_PUBLIC@dol.gov. 

Interested parties are encouraged to 

send comments to the Office of 

Information and Regulatory Affairs, 

Attn: OMB Desk Officer for the 

Department of Labor—Employee 

Benefits Security Administration 

(EBSA), Office of Management and 

Budget, Room 10235, Washington, DC 

20503, Telephone: 202–395–7316/Fax: 

202–395–5806 (these are not toll-free 

numbers), e-mail: 

OIRA_submission@omb.eop.gov within 

30 days from the date of this publication 

in the Federal Register. In order to 

ensure the appropriate consideration, 

comments should reference the OMB 

Control Number (see below). 

The OMB 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 submission of 

responses. 

Agency: Employee Benefits Security 

Administration. 

Type of Review: Extension without 

change of a currently approved 

collection. 

Title of Collection: Annual Report for 

Multiple Employer Welfare 

Arrangements (Form M–1). 

OMB Control Number: 1210–0116. 

Affected Public: Private sector. 

Estimated Number of Respondents: 

464. 

Total Estimated Annual Burden 

Hours: 62. 

Total Estimated Annual Costs Burden 

(excludes hourly wage costs): $44,000. 

Description: The Health Insurance 

Portability and Accountability Act of 

1996 (HIPAA), codified as Part 7 of Title 

I of the Employee Retirement Security 

Act of 1974 (ERISA), was enacted to 

improve the portability and continuity 

of health care coverage for participants 

and beneficiaries of group health plans. 

To insure compliance with Part 7, 

section 101(g) of ERISA, HIPAA permits 

the Secretary of Labor (the Secretary) to 

require multiple employer welfare 

arrangements (MEWAs), as defined in 

section 3(40) of ERISA, to report to the 

Secretary in such form and manner as 

the Secretary might determine. The 

Department of Labor (the Department) 

published a final rule providing for such 

reporting on an annual basis, together 

with a form (Form M–1) to be used by 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Notices 8751 

MEWAs for the annual report. See 29 

CFR 2520.101–2. 

Pursuant to section 101(g) of ERISA, 

the Form M–1 information is used by 

governmental oversight entities to 

determine the extent of compliance with 

the requirements of Part 7 of ERISA by 

MEWAs and ECEs under section 3(40) 

of ERISA and to take appropriate 

compliance assistance and enforcement 

actions. For additional information, see 

related notice published in the Federal 

Register on November 27, 2009 (Vol. 74, 

page 62350). 

Agency: Employee Benefits Security 

Administration. 

Type of Review: Extension without 

change of a currently approved 

collection. 

Title of Collection: ERISA Investment 

Manager Electronic Registration. 

OMB Control Number: 1210–0125. 

Affected Public: Private sector. 

Estimated Number of Respondents: 

10. 

Total Estimated Annual Burden 

Hours: 12. 

Total Estimated Annual Costs Burden 

(excludes hourly wage costs): $730. 

Description: The Department’s 

regulation at 29 CFR 2510.3–38 provides 

that, in order to meet the definition of 

investment manager in section 3(38) of 

the Employee Retirement Income 

Security Act of 1974, State-registered 

investment advisers must register 

electronically through a centralized 

electronic filing system established by 

the Securities Exchange Commission 

and State investment authorities called 

the Investment Adviser Registration 

Depository rather than providing a 

paper copy of their State registration to 

the Secretary of Labor. For additional 

information, see related notice 

published in the Federal Register on 

November 27, 2009 (Vol. 74, page 

62350). 

Darrin A. King, 

Departmental Clearance Officer. 

[FR Doc. 2010–3789 Filed 2–24–10; 8:45 am] 

BILLING CODE 4510–29–P 

NATIONAL ARCHIVES AND RECORDS 

ADMINISTRATION 

Records Schedules; Availability and 

Request for Comments 

AGENCY: National Archives and Records 

Administration (NARA). 

ACTION: Notice of availability of 

proposed records schedules; request for 

comments. 

SUMMARY: The National Archives and 

Records Administration (NARA) 

publishes notice at least once monthly 

of certain Federal agency requests for 

records disposition authority (records 

schedules). Once approved by NARA, 

records schedules provide mandatory 

instructions on what happens to records 

when no longer needed for current 

Government business. They authorize 

the preservation of records of 

continuing value in the National 

Archives of the United States and the 

destruction, after a specified period, of 

records lacking administrative, legal, 

research, or other value. Notice is 

published for records schedules in 

which agencies propose to destroy 

records not previously authorized for 

disposal or reduce the retention period 

of records already authorized for 

disposal. NARA invites public 

comments on such records schedules, as 

required by 44 U.S.C. 3303a(a). 

DATES: Requests for copies must be 

received in writing on or before March 

29, 2010. Once the appraisal of the 

records is completed, NARA will send 

a copy of the schedule. NARA staff 

usually prepare appraisal 

memorandums that contain additional 

information concerning the records 

covered by a proposed schedule. These, 

too, may be requested and will be 

provided once the appraisal is 

completed. Requesters will be given 30 

days to submit comments. 

ADDRESSES: You may request a copy of 

any records schedule identified in this 

notice by contacting the Life Cycle 

Management Division (NWML) using 

one of the following means: 

Mail: NARA (NWML), 8601 Adelphi 

Road, College Park, MD 20740–6001. 

E-mail: request.schedule@nara.gov. 

FAX: 301–837–3698. 

Requesters must cite the control 

number, which appears in parentheses 

after the name of the agency which 

submitted the schedule, and must 

provide a mailing address. Those who 

desire appraisal reports should so 

indicate in their request. 

FOR FURTHER INFORMATION CONTACT: 

Laurence Brewer, Director, Life Cycle 

Management Division (NWML), 

National Archives and Records 

Administration, 8601 Adelphi Road, 

College Park, MD 20740–6001. 

Telephone: 301–837–1539. E-mail: 

records.mgt@nara.gov. 

SUPPLEMENTARY INFORMATION: Each year 

Federal agencies create billions of 

records on paper, film, magnetic tape, 

and other media. To control this 

accumulation, agency records managers 

prepare schedules proposing retention 

periods for records and submit these 

schedules for NARA’s approval, using 

the Standard Form (SF) 115, Request for 

Records Disposition Authority. These 

schedules provide for the timely transfer 

into the National Archives of 

historically valuable records and 

authorize the disposal of all other 

records after the agency no longer needs 

them to conduct its business. Some 

schedules are comprehensive and cover 

all the records of an agency or one of its 

major subdivisions. Most schedules, 

however, cover records of only one 

office or program or a few series of 

records. Many of these update 

previously approved schedules, and 

some include records proposed as 

permanent. 

The schedules listed in this notice are 

media neutral unless specified 

otherwise. An item in a schedule is 

media neutral when the disposition 

instructions may be applied to records 

regardless of the medium in which the 

records are created and maintained. 

Items included in schedules submitted 

to NARA on or after December 17, 2007, 

are media neutral unless the item is 

limited to a specific medium. (See 36 

CFR 1225.12(e).) 

No Federal records are authorized for 

destruction without the approval of the 

Archivist of the United States. This 

approval is granted only after a 

thorough consideration of their 

administrative use by the agency of 

origin, the rights of the Government and 

of private persons directly affected by 

the Government’s activities, and 

whether or not they have historical or 

other value. 

Besides identifying the Federal 

agencies and any subdivisions 

requesting disposition authority, this 

public notice lists the organizational 

unit(s) accumulating the records or 

indicates agency-wide applicability in 

the case of schedules that cover records 

that may be accumulated throughout an 

agency. This notice provides the control 

number assigned to each schedule, the 

total number of schedule items, and the 

number of temporary items (the records 

proposed for destruction). It also 

includes a brief description of the 

temporary records. The records 

schedule itself contains a full 

description of the records at the file unit 

level as well as their disposition. If 

NARA staff has prepared an appraisal 

memorandum for the schedule, it too 

includes information about the records. 

Further information about the 

disposition process is available on 

request 

Schedules Pending 

1. Department of Agriculture, 

Departmental Administration (N1–16– 

10–3, 1 item, 1 temporary item). Master 


jlentini on DSKJ8SOYB1PROD with NOTICES