48900 Federal Register / Vol. 76, No. 153 / Tuesday, August 9, 2011 / Notices 

2To make clear, however, the use of e-mail to 

serve an Order to Show Cause is acceptable only 

after traditional methods of service have been tried 

and been ineffective. 

3Under Arkansas law, the ‘‘Board may revoke an 

existing license, impose penalties as listed in § 17– 

95–410, or refuse to issue a license in the event the 

holder or applicant * * * has committed any of the 

acts or offenses defined in this section to be 

unprofessional conduct.’’ Ark. Code Ann. § 17–95– 

409(a)(1). The statute further provides that ‘‘[t]he 

words ‘unprofessional conduct’ as used in the 

Arkansas Medical Practices Act, § 17–95–201 et 

seq., § 17–95–301 et seq., and § 17–95–401 et seq., 

mean * * * [h]aving been found in violation of a 

statute or a rule governing the practice of medicine 

by a medical licensing authority or agency of 

another state.’’ Id. § 17–95–409(a)(2)(r). 

4For the same reasons cited by the Arkansas 

Board as warranting its Emergency Order of 

Suspension, I find that the public interest 

necessitates that this Order be effective 

immediately. 21 CFR 1316.67. 

While courts have recognized that use of 

e-mail to serve process has ‘‘its 

limitations,’’ including that ‘‘[i]n most 

instances, there is no way to confirm 

receipt of an email message,’’ Rio 

Properties, 284 F.3d at 1018, I conclude 

that the use of e-mail to serve Registrant 

satisfied due process because service 

was made to an e-mail address which 

Registrant provided to the Agency and 

the Government did not receive back 

either an error or undeliverable 

message.2

Having found that the service of the 

Show Cause Order was constitutionally 

adequate, I further find that Respondent 

has waived his right to a hearing or to 

submit a written statement in lieu of a 

hearing. I therefore issue this Decision 

and Final Order based on relevant 

evidence contained in the Investigative 

Record submitted by the Government. 

21 CFR 1301.43(d) and (e). I make the 

following additional findings of fact. 

Findings 

Registrant is an anesthesiologist and 

the holder of DEA Certificate of 

Registration BK9514375, which 

authorizes him to dispense controlled 

substances in Schedules II through V as 

a practitioner, at the registered address 

of 2300 South 57th Street, Suite 11, Fort 

Smith, Arkansas 72903. See GX A. His 

registration expires on December 31, 

2011. Id. 

On April 7, 2009, the Arkansas State 

Medical Board (Arkansas Board) issued 

an Emergency Order of Suspension and 

Notice of Hearing charging Registrant 

with violations of the Arkansas Medical 

Practices Act, including that he violated 

a statute or rule governing the practice 

of medicine by a medical licensing 

authority or agency of another State. See 

GX B, at 1 (citing Ark. Code Ann. § 17– 

95–409(a)(2)(r)).3 More specifically, the 

Arkansas Board charged that following 

a hearing, on March 31, 2009, the 

Oklahoma Board of Medical Licensure 

and Supervision found that Registrant 

had violated numerous provisions of the 

Oklahoma Statutes and Administrative 

Code and was guilty of Unprofessional 

Conduct; the Oklahoma Board thus 

revoked his Oklahoma medical license. 

Id. at 2 (citations omitted). The 

Arkansas Board thus suspended 

Registrant’s license to practice medicine 

‘‘on an emergency basis, pending a 

disciplinary hearing * * * or further 

orders of the Board.’’ Id. at 3. 

Registrant subsequently allowed his 

Arkansas medical license to expire; his 

license remains in inactive status as of 

the date of this order. GX C. I therefore 

find that Registrant is currently without 

authority to dispense controlled 

substances under the laws of the State 

in which he is registered with DEA. 

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 obtaining and 

maintaining a DEA registration. 

The CSA further authorizes the 

Agency to revoke 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.’’ 21 U.S.C. 

824(a)(3). Moreover, DEA has 

consistently held that revocation of a 

registration is warranted whenever a 

practitioner’s state authority to dispense 

controlled substances has been 

suspended or revoked, and has done so 

even when a practitioner’s state 

authority has been summarily 

suspended and the State has yet to 

provide the practitioner with a hearing 

to challenge the State’s action and at 

which he may ultimately prevail. See 

Robert Wayne Mosier, 75 FR 49950 

(2010) (‘‘revocation is warranted * * * 

even in those instances where a 

practitioner’s state license has only been 

suspended, and there is the possibility 

of reinstatement’’); accord Bourne 

Pharmacy, 72 FR. 18273, 18274 (2007). 

Finally, because holding state authority 

is a statutory requirement for 

registration as a practitioner, see 21 

U.S.C. 802(21) and 823(f), DEA has held 

that revocation is warranted even when 

a registrant has merely allowed his 

registration to expire. James Stephen 

Ferguson, 75 FR 49994, 49995 (2010); 

Mark L. Beck, 64 FR 40899, 40900 

(1999). See also Anne Lazar Thorn, 62 

FR 12847, 12848 (1997) (‘‘the 

controlling question is not whether a 

practitioner’s license to practice 

medicine in the state is suspended or 

revoked; rather, it is whether the 

Respondent is currently authorized to 

handle controlled substances’’). 

As found above, on April 7, 2010, the 

Arkansas State Medical Board 

suspended Registrant’s state medical 

license. Moreover, his Arkansas license 

is now expired and in inactive status. 

Because Registrant is without authority 

to dispense controlled substances in 

Arkansas, the State in which he holds 

the DEA registration which is the 

subject of this proceeding, he is not 

entitled to maintain the registration. See 

21 U.S.C. 802(21), 823(f), 824(a)(3). 

Accordingly, Registrant’s registration 

will be revoked and any pending 

application will be denied. 

Order 

Pursuant to the authority vested in me 

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

as 28 CFR 0.100(b) and 0.104, I order 

that DEA Certificate of Registration, 

BK9514375, issued to Robert Leigh Kale, 

M.D., be, and it hereby is, revoked. I 

further order that any pending 

application of Robert Leigh Kale, M.D., 

to renew or modify his registration, be, 

and it hereby is, denied. This Order is 

effective immediately.4

Dated: July 27, 2011. 

Michele M. Leonhart, 

Administrator. 

[FR Doc. 2011–20053 Filed 8–8–11; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Agency Information Collection 

Activities; Submission for OMB 

Review; Comment Request; Powered 

Industrial Trucks Standard 

ACTION: Notice. 


sroberts on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 153 / Tuesday, August 9, 2011 / Notices 48901 

SUMMARY: The Department of Labor 

(DOL) is submitting the Occupational 

Safety and Health Administration 

(OSHA) sponsored information 

collection request (ICR) titled, ‘‘Powered 

Industrial Trucks Standard,’’ to the 

Office of Management and Budget 

(OMB) for review and approval for 

continued use in accordance with the 

Paperwork Reduction Act (PRA) of 1995 

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

DATES: Submit comments on or before 

September 8, 2011. 

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 from the RegInfo.gov 

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

public/do/PRAMain, on the day 

following publication of this notice or 

by contacting Michel Smyth by 

telephone at 202–693–4129 (this is not 

a toll-free number) or sending an e-mail 

to DOL_PRA_PUBLIC@dol.gov. 

Submit comments about this request 

to the Office of Information and 

Regulatory Affairs, Attn: OMB Desk 

Officer for the Department of Labor, 

Occupational Safety and Health 

Administration (OSHA), Office of 

Management and Budget, Room 10235, 

Washington, DC 20503, Telephone: 

202–395–6929/Fax: 202–395–6881 

(these are not toll-free numbers), e-mail: 

OIRA_submission@omb.eop.gov. 

FOR FURTHER INFORMATION CONTACT: 

Michel Smyth by telephone at 202–693– 

4129 (this is not a toll-free number) or 

by e-mail at 

DOL_PRA_PUBLIC@dol.gov. 

SUPPLEMENTARY INFORMATION: The 

Powered Industrial Trucks Standard 

contains several information collection 

requirements addressing truck design, 

construction, and modification, as well 

as certification of training and 

evaluation for truck operators. See 29 

CFR 1910.178. These information 

collections are 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 if the 

collection of information does not 

display a valid OMB control number. 

See 5 CFR 1320.5(a) and 1320.6. The 

DOL obtains OMB approval for this 

information collection under OMB 

Control Number 1218–0242. The current 

OMB approval is scheduled to expire on 

August 31, 2011; however, it should be 

noted that existing information 

collection requirements submitted to the 

OMB receive a month-to-month 

extension while they undergo review. 

For additional information, see the 

related notice published in the Federal 

Register on April 20, 2011 (76 FR 

22154). 

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 30 days of publication of 

this notice in the Federal Register. In 

order to help ensure appropriate 

consideration, comments should 

reference OMB Control Number 1218– 

0242. 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: Occupational Safety and 

Health Administration (OSHA). 

Title of Collection: Powered Industrial 

Trucks Standard. 

OMB Control Number: 1218–0242. 

Affected Public: Private Sector— 

Businesses or other for-profits. 

Total Estimated Number of 

Respondents: 1,769,162. 

Total Estimated Number of 

Responses: 2,506,607. 

Total Estimated Annual Burden 

Hours: 777,244. 

Total Estimated Annual Other Costs 

Burden: $247,640. 

Dated: August 4, 2011. 

Michel Smyth, 

Departmental Clearance Officer. 

[FR Doc. 2011–20164 Filed 8–8–11; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Office of Trade and Labor Affairs; 

National Advisory Committee for Labor 

Provisions of U.S. Free Trade 

Agreements; Notice of Open Meeting 

AGENCY: Bureau of International Labor 

Affairs, U.S. Department of Labor. 

ACTION: Notice of Open Meeting, August 

25, 2011. 

SUMMARY: Pursuant to the Federal 

Advisory Committee Act (FACA), as 

amended, 5. U.S.C. App. 2, the Office of 

Trade and Labor Affairs (OTLA) gives 

notice of a meeting of the National 

Advisory Committee for Labor 

Provisions of U.S. Free Trade 

Agreements (‘‘Committee’’ or ‘‘NAC’’), 

which was established by the Secretary 

of Labor. 

The purpose of the meeting is to 

provide advice to the Secretary of Labor 

through the Bureau of International 

Labor Affairs (ILAB) concerning the 

implementation of the North American 

Agreement on Labor Cooperation 

(NAALC)—the labor side accord to the 

North American Free Trade Agreement 

(NAFTA)—and the labor provisions of 

free trade agreements. 

DATES: The Committee will meet on 

Thursday, August 25, 2011 from 9 a.m. 

to 5 p.m. 

ADDRESSES: The Committee will meet at 

the U.S. Department of Labor, 200 

Constitution Avenue, NW., Secretary’s 

Conference Room, Washington, DC 

20210. Mail comments, views, or 

statements in response to this notice to 

Paula Church Albertson, Office of Trade 

and Labor Affairs, ILAB, U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Room S–5004, 

Washington, DC 20210; phone (202) 

693–4789; fax (202) 693–4784. 

FOR FURTHER INFORMATION CONTACT: 

Paula Church Albertson, Designated 

Federal Officer, Office of Trade and 

Labor Affairs, Bureau of International 

Labor Affairs, U.S. Department of Labor, 

200 Constitution Avenue, NW., Room 

S–5004, Washington, DC 20210; phone 

(202) 693–4789 (this is not a toll free 

number). Individuals with disabilities 

wishing to attend the meeting should 

contact Ms. Albertson no later than 

August 18, 2011, to obtain appropriate 

accommodations. 

SUPPLEMENTARY INFORMATION: NAC 

meetings are open to the public on a 

first-come, first-served basis, as seating 

is limited. Attendees must present valid 

identification and will be subject to 

security screening to access the 

Department of Labor for the meeting. 


sroberts on DSK5SPTVN1PROD with NOTICES