Federal Register / Vol. 72, No. 46 / Friday, March 9, 2007 / Notices 10787 

Volume 72, Number 3, page 581, on 

January 5, 2007, allowing for a 60 day 

comment period. 

The purpose of this notice is to allow 

for an additional 30 days for public 

comment until April 9, 2007. This 

process is conducted in accordance with 

5 CFR 1320.10. 

Written comments and/or suggestions 

regarding the items contained in this 

notice, especially the estimated public 

burden and associated response time, 

should be directed to The Office of 

Management and Budget, Office of 

Information and Regulatory Affairs, 

Attention Department of Justice Desk 

Officer, Washington, DC 20503. 

Additionally, comments may be 

submitted to OMB via facsimile to (202) 

395–5806. 

Written comments and suggestions 

from the public and affected agencies 

concerning the proposed collection of 

information are encouraged. Your 

comments should address one or more 

of the following four points: 

—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 agencies 

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. 

Overview of This Information 

Collection 

(1) Type of Information Collection: 

Extension of a currently approved 

collection. 

(2) Title of the Form/Collection: 

Requisition For Forms or Publications 

and Requisition For Firearms/ 

Explosives Forms. 

(3) Agency form number, if any, and 

the applicable component of the 

Department of Justice sponsoring the 

collection: Form Number: ATF F 1370.3 

and ATF F 1370.2. Bureau of Alcohol, 

Tobacco, Firearms and Explosives. 

(4) Affected public who will be asked 

or required to respond, as well as a brief 

abstract: Primary: Business or other forprofit. Other: Individuals or households. 

Abstract: The forms are used by the 

general public to request or order forms 

or publications from the ATF 

Distribution Center. The forms also 

notify ATF of the quantity required by 

the respondent and provide a guide as 

to annual usage of ATF forms and 

publications by the general public. 

(5) An estimate of the total number of 

respondents and the amount of time 

estimated for an average respondent to 

respond: There will be an estimated 

30,000 respondents, who will complete 

each form within approximately 3 

minutes. 

(6) An estimate of the total burden (in 

hours) associated with the collection: 

There are an estimated 1,500 total 

burden hours associated with this 

collection. 

If additional information is required 

contact: Lynn Bryant, Department 

Clearance Officer, United States 

Department of Justice, Policy and 

Planning Staff, Justice Management 

Division, Suite 1600, Patrick Henry 

Building, 601 D Street, NW., 

Washington, DC 20530. 

Dated: March 5, 2007. 

Lynn Bryant, 

Department Clearance Officer, PRA, United 

States Department of Justice. 

[FR Doc. E7–4231 Filed 3–8–07; 8:45 am] 

BILLING CODE 4410–FY–P 

DEPARTMENT OF JUSTICE 

Bureau of Alcohol, Tobacco, Firearms, 

and Explosives 

[OMB Number 1140–0088] 

Agency Information Collection 

Activities: Proposed Collection; 

Comments Requested 

ACTION: 30-day notice of information 

collection under review: Advanced 

Explosives Destruction Techniques 

(AEDT) Training Course Follow-up 

Evaluation Form. 

The Department of Justice (DOJ), 

Bureau of Alcohol, Tobacco, Firearms, 

and Explosives (ATF) will be submitting 

the following information collection 

request to the Office of Management and 

Budget (OMB) for review and approval 

in accordance with the Paperwork 

Reduction Act of 1995. The proposed 

information collection is published to 

obtain comments from the public and 

affected agencies. This proposed 

information collection was previously 

published in the Federal Register 

Volume 72, Number 3, pages 581–582 

on January 5, 2007, allowing for a 60- 

day comment period. 

The purpose of this notice is to allow 

for an additional 30 days for public 

comment until April 9, 2007. This 

process is conducted in accordance with 

5 CFR 1320.10. 

Written comments and/or suggestions 

regarding the items contained in this 

notice, especially the estimated public 

burden and associated response time, 

should be directed to The Office of 

Management and Budget, Office of 

Information and Regulatory Affairs, 

Attention: Department of Justice Desk 

Officer, Washington, DC 20503. 

Additionally, comments may be 

submitted to OMB via facsimile to (202) 

395–5806. 

Written comments and suggestions 

from the public and affected agencies 

concerning the proposed collection of 

information are encouraged. Your 

comments should address one or more 

of the following four points: 

—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 agencies 

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. 

Overview of This Information 

Collection 

(1) Type of Information Collection: 

New Collection. 

(2) Title of the Form/Collection: 

Advanced Explosives Destruction 

Techniques (AEDT) Training Course 

Follow-up Evaluation Form. 

(3) Agency form number, if any, and 

the applicable component of the 

Department of Justice sponsoring the 

collection: Form Number: None. Bureau 

of Alcohol, Tobacco, Firearms and 

Explosives. 

(4) Affected public who will be asked 

or required to respond, as well as a brief 

abstract: Primary: State, Local, or Tribal 

Government. Other: None. Abstract: The 

information collected on the survey will 

provide ATF with data on how the 

training participants have transferred 

the knowledge and skills learned to 


jlentini on PROD1PC65 with NOTICES
10788 Federal Register / Vol. 72, No. 46 / Friday, March 9, 2007 / Notices 

their jobs. The Kirkpatrick 4–Level 

Model is used to evaluate ATF training 

programs. 

(5) An estimate of the total number of 

respondents and the amount of time 

estimated for an average respondent to 

respond: There will be an estimated 354 

respondents, who will complete the 

survey within approximately 12 

minutes. 

(6) An estimate of the total burden (in 

hours) associated with the collection: 

There are an estimated 71 total burden 

hours associated with this collection. 

If additional information is required 

contact: Lynn Bryant, Department 

Clearance Officer, United States 

Department of Justice, Policy and 

Planning Staff, Justice Management 

Division, Suite 1600, Patrick Henry 

Building, 601 D Street, NW., 

Washington, DC 20530. 

Dated: March 5, 2007. 

Lynn Bryant, 

Department Clearance Officer, PRA, United 

States Department of Justice. 

[FR Doc. E7–4232 Filed 3–8–07; 8:45 am] 

BILLING CODE 4410–FY–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

Julian A. Abbey, M.D.; Revocation of 

Registration 

On April 17, 2006, the Deputy 

Assistant Administrator, Office of 

Diversion Control, Drug Enforcement 

Administration, issued an Order to 

Show Cause to Julian A. Abbey, M.D., 

(Respondent) of Saugus, Massachusetts. 

The Show Cause Order proposed to 

revoke Respondent’s DEA Certificate of 

Registration, BA4361426, as a 

practitioner on two grounds. 

First, the Show Cause Order alleged 

that Respondent had entered into a 

voluntary agreement with the 

Massachusetts Board of Registration in 

Medicine in which he agreed to cease 

the practice of medicine in that State 

effective July 30, 2004. Show Cause 

Order at 1. The Show Cause Order 

further alleged that the agreement 

constituted a disciplinary action against 

Respondent’s state license. Id. 

Second, the Show Cause Order 

alleged that on August 4, 2004, 

Respondent had submitted an on-line 

renewal application for his DEA 

registration in which he falsely 

indicated that he ‘‘had not been the 

subject of any State disciplinary or 

licensing action.’’ Id. at 2. The Show 

Cause Order further alleged that based 

on Respondent’s misrepresentation, 

DEA renewed his registration. Id. 

On April 21, 2006, the Government 

attempted to serve the Show Cause 

Order, which also notified Respondent 

of his right to request a hearing, by 

Certified Mail, Return Receipt 

Requested. However, the mailing was 

returned unclaimed. Thereafter, on May 

18, 2006, the Government served the 

Show Cause Order by First Class Mail 

to the address of Respondent’s 

registered location. Since that time, 

neither Respondent, nor any one 

purporting to represent him, has 

responded. Because (1) more than thirty 

days have passed since service of the 

Show Cause Order, and (2) no request 

for a hearing has been received, I 

conclude that Respondent has waived 

his right to a hearing. See 21 CFR 

1301.43(d). I therefore enter this final 

order without a hearing based on 

relevant material found in the 

investigative file and make the 

following findings. 

Findings 

Respondent holds DEA Certificate of 

Registration, BA4361426, which was 

initially issued to him on March 15, 

1995. On August 3, 2004, Respondent 

renewed his registration using the DEA 

Internet site. Respondent’s registration 

does not expire until June 30, 2007. 

On June 25, 2004, Respondent entered 

into a ‘‘Voluntary Agreement Not To 

Practice Medicine’’ with the 

Massachusetts Board of Registration in 

Medicine (Board); on July 30, 2004, the 

Board accepted the agreement. Under 

the agreement, Respondent agreed to 

immediately cease practicing medicine 

in Massachusetts. Moreover, 

Respondent acknowledged that the 

agreement constituted ‘‘a voluntary 

restriction of my license to practice 

medicine and is considered to be a 

disciplinary action that is reportable to 

any national data reporting system’’

pursuant to Massachusetts law. 

Agreement at 1. Respondent also agreed 

that ‘‘[a]ny violation of this Agreement 

shall be prima facie evidence for 

immediate summary suspension of my 

license to practice medicine.’’ Id. 

Furthermore, according to the Board, 

‘‘as a consequence of such an 

agreement, a physician may not 

prescribe controlled substances.’’

Massachusetts Board of Registration in 

Medicine, Press Release (Nov. 9, 2005). 

According to the investigative file, on 

October 28, 2005, Respondent was 

arrested in Lynnfield, Massachusetts, 

and charged under state law with the 

illegal possession of a class C substance 

(hydrocodone bitartrate) with intent to 

distribute. According to the file, during 

the period following Respondent’s 

entering into the voluntary agreement 

and his arrest, Respondent obtained 

approximately 37,500 tablets of 

hydrocodone bitartrate 10mg/650mg. 

Thereafter, on November 9, 2005, the 

Board summarily suspended 

Respondent’s state medical license on 

the ground that he posed an immediate 

threat to the public safety, health and 

welfare. According to online records of 

the Board, Respondent’s medical license 

remains suspended. See Massachusetts 

Board of Registration in Medicine 

Physician Profile, Julian Abbey, M.D. 

Under Massachusetts law, a physician 

must also hold a registration to handle 

a controlled substance; the registration 

is issued by the State’s Commissioner of 

Public Health. See Mass. Gen. Laws ch. 

94C, § 7(a). On December 1, 2005, the 

Massachusetts Department of Public 

Health sent a letter to Respondent 

notifying him that he was ‘‘no longer 

authorized as a registrant under 

[Massachusetts law] to prescribe, 

distribute, possess, dispense or 

administer controlled substances in the 

Commonwealth.’’ Letter from Adele D. 

Audet, Assistant Director, Drug Control 

Program, Massachusetts Department of 

Public Health, to Respondent (Dec. 1, 

2005). The letter further advised 

Respondent that his state controlled 

substances registration would be 

terminated unless Respondent produced 

evidence of his authority to practice 

medicine in the State within thirty days 

of his receipt of the letter. A March 28, 

2006 letter from the Department of 

Public Health to Respondent confirms 

that he no longer holds authority under 

Massachusetts law to handle controlled 

substances. Letter from Patricia 

Calvagna-Lusk, Administrative 

Coordinator, Massachusetts Department 

of Public Health, to Respondent (Mar. 

28, 2006). 

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.’’). DEA has held repeatedly 

that the CSA requires the revocation of 

a registration issued to a practitioner 


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