46514 Federal Register / Vol. 62, No. 170 / Wednesday, September 3, 1997 / Notices

1,495 dosage units; 7 prescriptions for

Valium 10 mg., totaling 240 dosage

units; and 4 prescriptions for Vicodin,

totaling 255 dosage units.

Subsequently, on April 22, 1997, a

second search warrant was executed at

West End Drugs. During the search, a

DEA investigator observed Mr. Birdsong

filling a prescription for Lortab 10 mg.

which appeared to have been altered

from 20 to 30 tablets. The investigator

contacted the physician who signed the

prescription. The physician indicated

that he had issued the prescription to

the patient, but for 20 dosage units, not

30.

Pursuant to 21 U.S.C. 823(f) and

824(a)(4), the Deputy Administrator may

revoke a DEA Certificate of Registration

and deny any pending applications, if

he determines that the continued

registration would be inconsistent with

the public interest. Section 823(f)

requires that the following factors be

considered:

(1) The recommendation of the

appropriate State licensing board or

professional disciplinary authority.

(2) The applicant’s experience in

dispensing, or conducting research with

respect to controlled substances.

(3) The applicant’s conviction record

under Federal or State laws relating to

the manufacture, distribution, or

dispensing of controlled substances.

(4) Compliance with applicable State,

Federal, or local laws relating to

controlled substances.

(5) Such other conduct which may

threaten the public health or safety.

These factors are to be considered in the

disjunctive; the Deputy Administrator

may rely on any one or a combination

of factors and may give each factor the

weight he deems appropriate in

determining whether a registration

should be revoked or an application for

registration be denied. See Henry J.

Schwarz, Jr., M.D., Docket No. 88–42, 54

FR 16,422 (1989).

Regarding factors one and three, there

is no evidence in the record that the

State of Tennessee has taken any action

against the pharmacy license of West

End Drugs, or that the pharmacy or its

owner has been convicted of any offense

relating to controlled substances.

However, in considering factors two and

four, West End Drugs’ experience in

dispensing controlled substances and its

compliance with applicable laws

relating to controlled substances, the

Acting Deputy Administrator finds that

there is more than ample evidence to

support the revocation of the

pharmacy’s DEA Certificate of

Registration.

Between March 10 and April 16,

1997, West End Drugs filled over 600

controlled substance prescriptions that

were either not issued by the physician

whose name appeared on the

prescription or a fictitious name was

used as the issuing physician. Mr.

Birdsong admitted that he did not verify

these prescriptions with the physicians

who allegedly issued them, and further

admitted that he had his doubts that

most of these prescriptions were

legitimate. Two individuals who were

questioned during the investigation after

picking up multiple prescriptions from

West and Drugs admitted that the

prescriptions were not valid. In

addition, Mr. Birdsong was observed

filling a prescription where the quantity

prescribed had been altered.

In light of the above, the Acting

Deputy administrator finds that Mr.

Birdsong violated 21 CFR 1306.04,

which provides that,

A prescription for a controlled substance to

be effective must be issued for a legitimate

medical purpose by an individual

practitioner acting in the usual course of his

professional practice. The responsibility for

the proper prescribing and dispensing of

controlled substances is on the prescribing

practitioner, but a corresponding

responsibility rests with the pharmacist who

fills the prescription. . . .

West End Drugs and Mr. Birdsong

clearly abrogated its corresponding

responsibility. Mr. Birdsong admitted

that he had his doubts about the

legitimacy of these prescriptions, yet he

filled them anyway without verifying

their legitimacy. As a result, thousands

of dosage units of controlled substances

were diverted into the illicit market.

The Acting Deputy administrator

finds that based upon the foregoing, the

continued registration of West End

Drugs would be inconsistent with the

public interest. No evidence of

explanation or mitigating circumstances

has been offered on behalf of West End

Drugs. Therefore, the Acting Deputy

Administrator concludes that its

registration must be revoked.

Accordingly, the Acting Deputy

Administrator of the Drug Enforcement

Administration, pursuant to the

authority vested in him by 21 U.S.C. 823

and 824 and 28 CFR 0.100(b) and 0.104,

hereby orders that DEA Certificate of

Registration AH5042077, previously

issued to West End Drugs, Inc., be, and

it hereby is revoked. The Acting Deputy

Administrator further orders that any

pending applications for renewal of

such registration, be, and they hereby

are denied. This order is effective

immediately.

When the order to Show Cause/

Immediate Suspension was served on

West End Drugs, Inc., all controlled

substances possessed by the pharmacy

under the authority of its thensuspended registration were placed

under seal and removed for safekeeping.

Title 21 U.S.C. 824(f) provides that no

disposition may be made of such

controlled substances under seal until

all appeals have been concluded or until

the time for taking an appeal has

elapsed. Accordingly, those controlled

substances shall remain under seal until

October 3, 1997, or until any appeal of

this order has been concluded. At that

time, all such controlled substances

shall be forfeited to the United States

and shall be disposed of pursuant to 21

U.S.C. 881(e).

Dated: August 27, 1997.

James S. Milford,

Acting Deputy Administrator.

[FR Doc. 97–23309 Filed 9–2–97; 8:45 am]

BILLING CODE 4410–09–M

NATIONAL ARCHIVES AND RECORDS

ADMINISTRATION

Agency Information Collection

Activities: Proposed Collection;

Comment Request

AGENCY: National Archives and Records

Administration (NARA).

ACTION: Notice.

SUMMARY: NARA is giving public notice

that the agency proposes to request

extension of two currently approved

information collections used in the

National Historical Publications and

Records Commission (NHPRC)’s grant

program for subvention of part of the

costs of manufacturing and distributing

volumes published by NHPRCsupported documentary editorial

projects. One collection is a grant

application prepared by university and

other non-profit presses applying for a

subvention grant. The other collection is

is a sales report made by a non-profit

press which has received a subvention

grant from the NHPRC. The public is

invited to comment on the proposed

information collections pursuant to the

Paperwork Reduction Act of 1995.

DATES: Written comments must be

received on or before November 3, 1997

to be assured of consideration.

ADDRESSES: Comments should be sent

to: Paperwork Reduction Act Comments

(NHP), Room 3200, National Archives

and Records Administration, 8601

Adelphi Rd, College Park, MD 20740–

6001; or faxed to 301–713–6913; or

electronically mailed to

tamee.fechhelm@arch2.nara.gov.

FOR FURTHER INFORMATION CONTACT:

Requests for additional information or

copies of the proposed information
Federal Register / Vol. 62, No. 170 / Wednesday, September 3, 1997 / Notices 46515

collections and supporting statements

should be directed to Tamee Fechhelm

at telephone number 301–713–6730, or

fax number 301–713–6913.

SUPPLEMENTARY INFORMATION: Pursuant

to the Paperwork Reduction Act of 1995

(Pub. L. 104–13), NARA invites the

general public and other Federal

agencies to comment on proposed

information collections. The comments

and suggestions should address one or

more of the following points: (a)

Whether the proposed collection

information is necessary for the proper

performance of the functions of NARA;

(b) the accuracy of NARA’s estimate of

the burden of the proposed information

collections; (c) ways to enhance the

quality, utility, and clarity of the

information to be collected; and (d)

ways to minimize the burden of the

collection of information on

respondents, including the use of

information technology. The comments

that are submitted will be summarized

and included in the NARA request for

Office of Management and Budget

(OMB) approval. All comments will

become a matter of public record. In this

notice, NARA is soliciting comments

concerning the following information

collections:

1. Title: NHPRC Subvention Grant

Guidelines and Application.

OMB number: 3095–0021.

Agency form number: N/A.

Type of review: Regular.

Affected public: Universities and nonprofit presses.

Estimated number of respondents: 12.

Estimated time per response: 9 hours.

Frequency of response: On occasion.

On the average, a press submits two

subvention applications per year.

Estimated total annual burden hours:

180 hours.

Abstract: The information collection

is prescribed by 36 CFR 1206. The

application is submitted by university

and other non-profit presses applying to

the NHPRC grant program for

subvention of part of the costs of

manufacturing and distributing volumes

published by NHPRC-supported

editorial projects.

2. Title: NHPRC Annual Sales Reports

for Subvention Grants.

OMB number: 3095–0022.

Agency form number: None.

Type of review: Regular.

Affected public: Non-profit presses

that have received an NHPRC

subvention grant.

Estimated number of respondents: 12.

Estimated time per response: 2 hours.

Frequency of response: One time only.

On the average, a press has two on-going

subvention grants and therefore submits

two sales reports per year.

Estimated total annual burden hours:

120 hours.

Abstract: The information collection

is prescribed by 36 CFR 1206. The sales

information provided by non-profit

presses is used by Commission staff to

gauge interest among scholars and the

general public in documentary editions

supported by Commission grants.

Dated: August 25, 1997.

L. Reynolds Cahoon,

Assistant Archivist for Human Resources and

Information Services.

[FR Doc. 97–23292 Filed 9–2–97; 8:45 am]

BILLING CODE 7515–01–P

NATIONAL ARCHIVES AND RECORDS

ADMINISTRATION

Records Schedules; Availability and

Request for Comments

AGENCY: National Archives and Records

Administration, Office of Records

Services.

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). Records schedules identify

records of sufficient value to warrant

preservation in the National Archives of

the United States. Schedules also

authorize agencies after a specified

period to dispose of records lacking

administrative, legal, research, or other

value. Notice is published for records

schedules that propose the destruction

of records not previously authorized for

disposal, or reduce the retention period

for records already authorized for

disposal. NARA invites public

comments on such schedules, as

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

DATES: Requests for copies must be

received in writing on or before October

20, 1997. Once the appraisal of the

records is completed, NARA will send

a copy of the schedule. The requester

will be given 30 days to submit

comments.

ADDRESSES: Address requests for single

copies of schedules identified in this

notice to the Civilian Appraisal Staff

(NWRC), National Archives and Records

Administration, 8601 Adelphi Road,

College Park, MD 20740–6001.

Requesters must cite the control number

assigned to each schedule when

requesting a copy. The control number

appears in the parentheses immediately

after the name of the requesting agency.

FOR FURTHER INFORMATION CONTACT:

Michael L. Miller, Director, Records

Management Programs, National

Archives and Records Administration,

8601 Adelphi Road, College Park, MD

20740–6001, telephone (301) 713–7110.

SUPPLEMENTARY INFORMATION: Each year

U.S. Government agencies create

billions of records on paper, film,

magnetic tape, and other media. In order

to control this accumulation, agency

records managers prepare records

schedules specifying when the agency

to longer needs the records and what

happens to the records after this period.

Some schedules are comprehensive and

cover all the records of an agency or one

of its major subdivisions. These

comprehensive schedules provide for

the eventual transfer to the National

Archives of historically valuable records

and authorize the disposal of all other

records. Most schedules, however, cover

records of only one office or program or

a few series of records, and many are

updates of previously approved

schedules. Such schedules also may

include records that are designated for

permanent retention.

Destruction of records requires the

approval of the Archivist of the United

States. This approval is granted after a

thorough study of the records that takes

into account 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 historical or other value.

This public notice identifies the

Federal agencies and their subdivisions

requesting disposition authority,

includes the control number assigned to

each schedule, and briefly describes the

records proposed for disposal. The

records schedule contains additional

information about the records and their

disposition. Further information about

the disposition process will be

furnished to each requester.

Schedules Pending

1. Department of the Army (N1–AU–

97–12). Army periodical management

records.

2. Department of the Army (N1–AU–

97–13). General counseling records.

3. Department of the Army (N1–AU–

97–19). Drug testing results.

4. Department of the Army (N1-AU–

97–21). Family support, child custody,

and paternity records.

5. Department of the Army (N1-AU–

97–24). Military pay reports.

6. Department of Commerce, Patent

and Trademark Office (N1-241–97–1).

Revisions to the PTO comprehensive

schedule.

7. Department of Education, Office of

Hearings and Appeals (N1–441–97–4).

Administrative adjudication case files