47044 Federal Register / Vol. 62, No. 172 / Friday, September 5, 1997 / Notices

(a) Is the proposed collection of

information necessary for the proper

performance of MMS’s functions, and

will it be useful?

(b) Are the estimates of the burden

hours of the proposed collection

reasonable?

(c) Do you have any suggestions that

would enhance the quality, clarity, or

usefulness of the information to be

collected?

(d) Is there a way to minimize the

information collection burden on those

who are to respond, including through

the use of appropriate automated

electronic, mechanical, or other forms of

information technology?

(2) In addition, the PRA requires

agencies to estimate the total annual

cost burden to respondents as a direct

result of this collection of information.

The MMS needs your comments on this

item. Your response should split the

cost estimate into two components:

(a) Total capital and startup cost

component; and

(b) Annual operation, maintenance,

and purchase of services component.

Your estimates should consider the

costs to generate, maintain, and disclose

or provide the information. You should

describe the methods you use to

estimate major cost factors, including

system and technology acquisition,

expected useful life of capital

equipment, discount rate(s), and the

period over which you incur costs.

Capital and startup costs include,

among other items, computers and

software you purchase to prepare for

collecting information; monitoring,

sampling, drilling, and testing

equipment; and record storage facilities.

Do not include in your estimates

equipment or services purchased: (i)

before October 1, 1995; (ii) to comply

with requirements not associated with

the information collection; (iii) for

reasons other than to provide

information or keep records for the

Government; or (iv) as part of customary

and usual business or private practices.

MMS Information Collection

Clearance Officer: Jo Ann Lauterbach,

(202) 208–7744.

Dated: August 27, 1997.

E.P. Danenberger,

Chief, Engineering and Operations Division.

[FR Doc. 97–23634 Filed 9–4–97; 8:45 am]

BILLING CODE 4310–MR–P

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

Steven Cohen, M.D.; Revocation of

Registration

On February 25, 1997, the Deputy

Assistant Administrator, Office of

Diversion Control, Drug Enforcement

Administration (DEA), issued an Order

to Show Cause to Steven Cohen, M.D.,

of Mercersburg, Pennsylvania,

proposing the revocation of his DEA

Certificate of Registration BC0417104,

and denial of any pending applications

for renewal of such registration as a

practitioner pursuant to 21 U.S.C.

824(a)(3), for reason that he is not

currently authorized to handle

controlled substances in the

Commonwealth of Pennsylvania. The

order also advised that should no

request for a hearing be filed within 30

days, his hearing right would be deemed

waived.

The Order to Show Cause was sent to

Dr. Cohen by registered mail to his DEA

registered address, but was returned to

DEA with the notation, ‘‘Moved, left no

address’’. DEA then sent the Order to

Show Cause to an address provided by

the State Board of Medicine. The Order

was not returned to DEA, however there

is no indication that it was received by

Dr. Cohen and DEA did not receive any

response to the Order. DEA investigators

also attempted to personally deliver the

Order to Show Cause to Dr. Cohen

without success. DEA then learned of

another possible address for Dr. Cohen

in Hagerstown, Maryland. The Order

sent to this address was returned to DEA

indicating that the addressee had moved

and left no forwarding address.

The Acting Deputy Administrator

finds that DEA has made numerous

attempts to locate Dr. Cohen and has

determined that his whereabouts are

unknown. It is evident that Dr. Cohen is

no longer practicing medicine at the

address listed on his DEA Certificate of

Registration. The Acting Deputy

Administrator concludes that

considerable effort has been made to

serve Dr. Cohen with the Order to Show

Cause without success. Dr. Cohen is

therefore deemed to have waived his

opportunity for a hearing. The Acting

Deputy Administrator now enters his

final order in this matter without a

hearing and based on the investigative

file pursuant to 21 CFR 1301.43 (d) and

(e) and 1301.46.

The Acting Deputy Administrator

finds that on August 22, 1995, the

Commonwealth of Pennsylvania,

Department of State, Bureau of

Professional and Occupational Affairs,

State Board of Medicine (Board) issued

an Adjudication and Order revoking Dr.

Cohen’s license to practice medicine.

The Board found that Dr. Cohen

engaged in unprofessional conduct

involving the provision of a medical

service at a level beneath the accepted

standard of care; unprofessional

conduct exhibiting a reckless

indifference to the interests of the

patient; and unprofessional conduct

involving the prescribing of a controlled

substance in a way other than for an

acceptable medical purpose.

The Acting Deputy Administrator

finds that in light of the fact that Dr.

Cohen is not currently licensed to

practice medicine in the

Commonwealth of Pennsylvania, it is

reasonable to infer that he is not

currently authorized to handle

controlled substances in that state. The

DEA does not have statutory authority

under the Controlled Substances Act to

issue or maintain a registration if the

applicant or registrant is without state

authority to handle controlled

substances in the state in which he

conducts his business. 21 U.S.C.

802(21), 823(f) and 824(a)(3). This

prerequisite has been consistently

upheld. See Romeo J. Perez, M.D., 62 FR

16,193 (1997); Demetris A. Green, M.D.,

61 FR 60,728 (1996); Dominick A. Ricci,

M.D., 58 FR 51,104 (1993).

Here it is clear that Dr. Cohen is not

currently authorized to handle

controlled substances in the

Commonwealth of Pennsylvania.

Therefore, Dr. Cohen is not entitled to

a DEA registration in that state.

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 BC0417104, previously

issued to Steven Cohen, M.D., be, and

it hereby is, revoked. The Acting Deputy

Administrator further orders that any

pending applications for the renewal of

such registration, be, and they hereby

are, denied. This order is effective

October 6, 1997.

Dated: August 27, 1997.

James S. Milford,

Acting Deputy Administrator.

[FR Doc. 97–23514 Filed 9–4–97; 8:45 am]

BILLING CODE 4410–09–M