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 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 72, No. 46 / Friday, March 9, 2007 / Notices 10789 

1While the Show Cause Order also alleged that 

Respondent materially falsified his application, the 

investigative file does not contain any probative 

evidence on this issue. 

whose state controlled substances 

authority has been suspended or 

revoked. See 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, the letters from the 

State Department of Health establish 

that Respondent no longer has authority 

to handle controlled substances in 

Massachusetts, the State in which he 

holds his DEA registration. Therefore, 

Respondent is no longer entitled to 

maintain his DEA registration. 

Furthermore, based on the evidence 

in the investigative file which shows 

that Respondent obtained 37,500 dosage 

units of hydrocodone bitartrate 

notwithstanding that he no longer had 

authority to practice medicine, I 

conclude that Respondent was engaged 

in the diversion of substantial quantities 

of controlled substances. Therefore, 

while this conduct was not alleged as 

grounds for the revocation of 

Respondent’s registration, I conclude 

that the public interest requires that 

Respondent’s registration be revoked 

effective immediately.1 See 21 CFR 

1316.67. 

Order 

Accordingly, 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 hereby order that 

DEA Certificate of Registration, 

BA4361426, issued to Julian A. Abbey, 

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

further order that any pending 

applications for renewal or modification 

of such registration be, and they hereby 

are, denied. This order is effective 

immediately. 

Dated: February 28, 2007. 

Michele M. Leonhart, 

Deputy Administrator. 

[FR Doc. E7–4237 Filed 3–8–07; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

Federal Bureau of Investigation 

[OMB Number 1110–0009] 

Agency Information Collection 

Activities: Proposed Collection, 

Comments Requested 

ACTION: 30-day notice of information 

collection under review: Revision of a 

currently approved collection; Analysis 

of Law Enforcement Officers Killed and 

Assaulted. 

The Department of Justice, Federal 

Bureau of Investigation, Criminal Justice 

Information Services Division will be 

submitting the following information 

collection request to the Office of 

Management and Budget (OMB) for 

review and clearance in accordance 

with established review procedures of 

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 on January 5, 2007, Volume 72, 

Number 3, Pages 582–583, 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 Mr. Gregory E. 

Scarbro, Unit Chief, Federal Bureau of 

Investigation, Criminal Justice 

Information Services (CJIS) Division, 

Module E–3, 1000 Custer Hollow Road, 

Clarksburg, West Virginia 26306; 

facsimile (304) 625–3566. 

Written comments and suggestions 

from the public and affected agencies 

concerning the proposed collection of 

information are encouraged. Comments 

should address one or more of the 

following four points: 

(1) 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; 

(2) 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; 

(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(4) 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 of 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

Overview of this information 

collection: 

(1) Type of information collection: 

Revision of a currently approved 

collection. 

(2) The title of the form/collection: 

Analysis of Law Enforcement Officers 

Killed and Assaulted. 

(3) The agency form number, if any, 

and the applicable component of the 

department sponsoring the collection: 

Form 1–701; Criminal Justice 

Information Services Division, Federal 

Bureau of Investigation, Department of 

Justice. 

(4) Affected public who will be asked 

or required to respond, as well as a brief 

abstract: Primary: City, county, State, 

Federal and tribal law enforcement 

agencies. This report will gather specific 

incident data obtained from law 

enforcement agencies in which an 

officer was feloniously or accidentally 

killed in the line of duty; information is 

also collected on this form when any 

officer sustains injury from a firearm or 

knife or other cutting instrument. 

Officer killed data are published 

annually in the publication Law 

Enforcement Officers Killed and 

Assaulted. Serious assault data are 

presented as separate topic papers. 

(5) An estimate of the total number of 

respondents and the amount of time 

estimated for an average respondent to 

respond: There are approximately 275 

law enforcement agency respondents; 

calculated estimates indicate 1 hour per 

report. 

(6) An estimate of the total public 

burden (in hours) associated with this 

collection: There are approximately 275 

hours, annual burden, associated with 

this information collection. 

If additional information is required 

contact: Ms. Lynn Bryant, Department 

Clearance Officer, Policy and Planning 

Staff, Justice Management Division, 

United States Department of Justice, 

Patrick Henry Building, Suite 1600, 601 

D Street, NW., Washington, DC 20530. 

Dated: March 5, 2007. 

Lynn Bryant, 

Department Clearance Officer, PRA, United 

States Department of Justice. 

[FR Doc. E7–4233 Filed 3–8–07; 8:45 am] 

BILLING CODE 4410–02–P 


jlentini on PROD1PC65 with NOTICES