68710 Federal Register / Vol. 79, No. 222 / Tuesday, November 18, 2014 / Notices 

As found above, upon reviewing the 

patient files of the undercover officers 

as well as D.V., the Government’s Expert 

found that Applicant issued controlled 

substances for other than a legitimate 

medical purpose and outside the usual 

course of professional practice. As 

support for his conclusion, the Expert 

observed that Applicant failed to 

perform detailed histories and adequate 

physical examinations, failed to develop 

any treatment plan other than to 

prescribe controlled substances, 

prescribed large and excessive doses of 

controlled substances, failed to properly 

monitor patients, and failed to keep 

legible and complete medical records. I 

agree with the Expert’s analysis and 

conclude that Applicant knowingly 

diverted controlled substances 

including oxycodone (schedule II) and 

alprazolam (schedule IV) to the 

undercover officers and D.V. and thus 

violated federal law. 21 U.S.C. 841(a)(1); 

21 CFR 1306.04(a). I further find that 

Applicant’s misconduct was egregious. 

This finding provides reason alone to 

deny Applicant’s application. 

However, the record also supports the 

conclusion that Applicant exceeded the 

authority of his registration by 

prescribing controlled substances in 

schedules which were outside the scope 

of his registration. Pursuant to 21 U.S.C. 

822(b), ‘‘[p]ersons registered by the 

Attorney General . . . to . . . dispense 

controlled substances . . . are 

authorized to possess . . . or dispense 

such substances . . . to the extent 

authorized by their registration.’’ 

(emphasis added). 

As found above, on October 5, 2009, 

Applicant applied for a new registration 

as a practitioner. Notwithstanding that 

the application form clearly instructed 

him to check all drug schedules for 

which he sought authority, Applicant 

checked the box for only schedule II 

narcotics. Accordingly, the Agency 

granted him a registration which was 

limited to schedule II narcotics. 

Applicant did not seek authority to 

dispense controlled substances in the 

additional schedules until June 6, 2011. 

Thus, between October 6, 2009 (the 

date the application was granted) and 

June 6, 2011, Applicant could not 

lawfully prescribe any controlled 

substances outside of those narcotics in 

schedule II. The record, however, 

contains fifteen prescriptions for Xanax 

(alprazolam) and two prescriptions for 

Valium (diazepam), both of which are 

schedule IV controlled substances, as 

well as five prescriptions for Adderall 

(amphetamine), a schedule II nonnarcotic, which Applicant issued 

without authority to do so. Even though 

Applicant eventually obtained a 

registration for the remaining drug 

schedules, Applicant was responsible 

for ensuring that he had obtained the 

necessary authority for each schedule of 

controlled substances he intended to 

dispense. I thus conclude that Applicant 

violated federal law by dispensing 

controlled substances for which he 

lacked authorization. 21 U.S.C. 822(b) & 

841(a)(1). 

Accordingly, I find that the 

Government’s evidence with respect to 

factor two and four establishes a prima 

facie case that granting Applicant’s 

application ‘‘would be inconsistent with 

the public interest.’’ Id. § 823(f). Because 

Applicant failed to respond to the Show 

Cause Order, whether by requesting a 

hearing or submitting a written 

statement, and thus has failed to offer 

any evidence to the contrary, I will 

order that his application be denied. 

Order 

Pursuant to the authority vested in me 

by 21 U.S.C. 823(f), as well as 28 CFR 

0.100(b) and 0.104, I order that the 

application of Richard D. Vitalis, D.O., 

for a DEA Certificate of Registration as 

a practitioner, be, and it hereby is, 

denied. This Order is effective 

immediately. 

Dated: November 10, 2014. 

Thomas M. Harrigan, 

Deputy Administrator. 

[FR Doc. 2014–27206 Filed 11–17–14; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

Parole Commission 

Sunshine Act Meeting 

TIME AND DATE: 10:30 a.m., Friday, 

November 21, 2014. 

PLACE: U.S. Parole Commission, 90 K 

Street NE., 3rd Floor, Washington, DC 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: 

Determination on seven original 

jurisdiction cases. 

CONTACT PERSON FOR MORE INFORMATION: 

Jacqueline Graham, Staff Assistant to 

the Chairman, U.S. Parole Commission, 

90 K Street NE., 3rd Floor, Washington, 

DC 20530, (202) 346–7001. 

Dated: November 14, 2014. 

Isaac Fulwood, 

Chairman, U.S. Parole Commission. 

[FR Doc. 2014–27444 Filed 11–14–14; 4:15 pm] 

BILLING CODE 4410–31–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Agency Information Collection 

Activities; Submission for OMB 

Review; Comment Request; Certificate 

of Medical Necessity 

ACTION: Notice. 

SUMMARY: The Department of Labor 

(DOL) is submitting the Office of 

Workers’ Compensation Programs 

(OWCP) sponsored information 

collection request (ICR) revision titled, 

‘‘Certificate of Medical Necessity,’’ to 

the Office of Management and Budget 

(OMB) for review and approval for use 

in accordance with the Paperwork 

Reduction Act (PRA) of 1995 (44 U.S.C. 

3501 et seq.). Public comments on the 

ICR are invited. 

DATES: The OMB will consider all 

written comments that agency receives 

on or before December 18, 2014. 

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 free of charge from the 

RegInfo.gov Web site at http://

www.reginfo.gov/public/do/

PRAViewICR?ref_nbr=201410-1240-001 

(this link will only become active on the 

day following publication of this notice) 

or by contacting Michel Smyth by 

telephone at 202–693–4129, TTY 202– 

693–8064, (these are not toll-free 

numbers) or sending an email to DOL_

PRA_PUBLIC@dol.gov. 

Submit comments about this request 

by mail or courier to the Office of 

Information and Regulatory Affairs, 

Attn: OMB Desk Officer for DOL– 

OWCP, Office of Management and 

Budget, Room 10235, 725 17th Street 

NW., Washington, DC 20503; by Fax: 

202–395–5806 (this is not a toll-free 

number); or by email: OIRA_

submission@omb.eop.gov. Commenters 

are encouraged, but not required, to 

send a courtesy copy of any comments 

by mail or courier to the U.S. 

Department of Labor—OASAM, Office 

of the Chief Information Officer, Attn: 

Departmental Information Compliance 

Management Program, Room N1301, 

200 Constitution Avenue NW., 

Washington, DC 20210; or by email: 

DOL_PRA_PUBLIC@dol.gov. 

FOR FURTHER INFORMATION CONTACT: 

Contact Michel Smyth by telephone at 

202–693–4129, TTY 202–693–8064, 

(these are not toll-free numbers) or 

sending an email to DOL_PRA_

PUBLIC@dol.gov. 

Authority: 44 U.S.C. 3507(a)(1)(D). 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 222 / Tuesday, November 18, 2014 / Notices 68711 

1 49 FR 9494 (March 13, 1984), as corrected at 50 

FR 41430 (October 10, 1985), as amended at 70 FR 

49305 (August 23, 2005), and as amended at 75 FR 

38837 (July 6, 2010). 

SUPPLEMENTARY INFORMATION: This ICR 

seeks approval under the PRA for 

revisions to the Certificate of Medical 

Necessity, Form CM–893, information 

collection that a coal miner’s physician 

completes and the OWCP uses to 

determine whether the miner meets 

impairment standards to qualify for 

durable medical equipment, home 

nursing, and/or pulmonary 

rehabilitation. This information 

collection has been classified as a 

revision, because of minor changes to 

the form designed to help a medical 

provider better understand the 

information needed to be provided. An 

accommodation statement has also been 

added to the form to inform a 

respondent who has a mental or 

physical limitation to contact the OWCP 

if further assistance is needed in 

completing the claims process. The 

Black Lung Benefits Act authorizes this 

information collection. See 30 U.S.C. 

901. 

This information collection is subject 

to the PRA. A Federal agency generally 

cannot conduct or sponsor a collection 

of information, and the public is 

generally not required to respond to an 

information collection, unless it is 

approved by the OMB under the PRA 

and displays a currently valid OMB 

Control Number. In addition, 

notwithstanding any other provisions of 

law, no person shall generally be subject 

to penalty for failing to comply with a 

collection of information that does not 

display a valid Control Number. See 5 

CFR 1320.5(a) and 1320.6. The DOL 

obtains OMB approval for this 

information collection under Control 

Number 1240–0024. The current 

approval is scheduled to expire on 

December 31, 2014; however, the DOL 

notes that existing information 

collection requirements submitted to the 

OMB receive a month-to-month 

extension while they undergo review. 

New requirements would only take 

effect upon OMB approval. For 

additional substantive information 

about this ICR, see the related notice 

published in the Federal Register on 

August 7, 2014 (79 FR 46280). 

Interested parties are encouraged to 

send comments to the OMB, Office of 

Information and Regulatory Affairs at 

the address shown in the ADDRESSES

section within thirty (30) days of 

publication of this notice in the Federal 

Register. In order to help ensure 

appropriate consideration, comments 

should mention OMB Control Number 

1240–0024. The OMB 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 submission of 

responses. 

Agency: DOL–OWCP. 

Title of Collection: Certificate of 

Medical Necessity. 

OMB Control Number: 1240–0024. 

Affected Public: Individuals or 

Households. 

Total Estimated Number of 

Respondents: 2,500. 

Total Estimated Number of 

Responses: 2,500. 

Total Estimated Annual Time Burden: 

965 hours. 

Total Estimated Annual Other Costs 

Burden: $1,460. 

Dated: November 12, 2014. 

Michel Smyth, 

Departmental Clearance Officer. 

[FR Doc. 2014–27262 Filed 11–17–14; 8:45 am] 

BILLING CODE 4510–CK–P 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

[Application No. D–11819] 

Notice of Hearing on Proposed 

Individual Exemption Involving Credit 

Suisse AG (Hereinafter, Either Credit 

Suisse AG or the Applicant) 

AGENCY: Employee Benefits Security 

Administration, U.S. Department of 

Labor. 

ACTION: Notice of Hearing. 

SUMMARY: Notice is hereby given that 

the Department of Labor (the 

Department) will hold a hearing on 

January 15, 2015, relating to a proposed 

individual exemption from certain 

prohibited transaction restrictions of the 

Employee Retirement Income Security 

Act of 1974, as amended (ERISA), and 

the Internal Revenue Code of 1986, as 

amended (the Code) that, if granted, 

would affect the ability of certain 

entities related to Credit Suisse AG to 

continue to rely upon the relief 

provided by Prohibited Transaction 

Class Exemption (PTE) 84–14. A notice 

of pendency of the proposed exemption 

was published in the Federal Register at 

79 FR 52365 (September 3, 2014). 

DATES: The hearing will be held on 

January 15, 2015, beginning at 10:00 

a.m., EST. 

ADDRESSES: The hearing will be held at 

the U.S. Department of Labor, 200 

Constitution Avenue NW., Washington, 

DC 20210, in Room C5320. 

FOR FURTHER INFORMATION CONTACT: Erin 

S. Hesse, Office of Exemption 

Determinations, Employee Benefits 

Security Administration, U.S. 

Department of Labor, telephone (202) 

693–8546 (this is not a toll-free 

number). 

SUPPLEMENTARY INFORMATION: On 

September 3, 2014, the Department 

published in the Federal Register, at 79 

FR 52365, a notice of pendency of a 

proposed individual exemption that, if 

granted, would permit: Certain affiliates 

of Credit Suisse AG (the Credit Suisse 

Affiliated Entities); and certain entities 

in which Credit Suisse AG owns a 5% 

or more interest (the Credit Suisse 

Related Entities), to continue to rely on 

the relief provided by Prohibited 

Transaction Class Exemption (PTE) 84– 

14,1 notwithstanding a judgment of 

conviction against Credit Suisse AG for 

one count of conspiracy to violate 

section 7206(2) of the Internal Revenue 

Code in violation of Title 18, United 

States Code, Section 371, to be entered 

in the District Court for the Eastern 

District of Virginia in Case Number 

1:14–cr–188–RBS. In that notice, the 

Department invited interested persons 

to submit written comments and any 

requests for a public hearing on the 

proposed exemption. 

In response to the notice, the 

Department received several comments 

that expressed concern about the merits 

of the proposed exemption, including: 

whether the proposed exemption was in 

the interest of employee benefit plans 

and their participants and beneficiaries; 

and whether the safeguards in the 

proposed exemption are adequate to 

protect the rights of participants and 

beneficiaries of such employee benefit 

plans. The submissions received by the 

Department are available for public 

inspection in the Public Disclosure 

Room of the Employee Benefits Security 

Administration, U.S. Department of 


tkelley on DSK3SPTVN1PROD with NOTICES