63726 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices

alleging that effective January 30, 1996,

the Medical Examining Board of the

State of Wisconsin (Board) terminated a

stay of an earlier suspension of

Respondent’s license to practice

medicine in the State of Wisconsin, and

therefore, Respondent is not authorized

to handle controlled substances in that

state.

By Order dated July 29, 1997, Judge

Bittner gave Respondent the

opportunity to file a response to the

Government’s motion by August 19,

1997. No such response was filed by

Respondent.

On September 18, 1997, Judge Bittner

issued her Opinion and Recommended

Decision, finding that Respondent

lacked authorization to handle

controlled substances in the State of

Wisconsin; granting the Government’s

Motion for Summary Disposition; and

recommending that Respondent’s DEA

Certificate of Registration be revoked.

Neither party filed exceptions to her

opinion, and on October 22, 1997, Judge

Bittner transmitted the record of these

proceedings to the Acting Deputy

Administrator.

The Acting Deputy Administrator has

considered the record in its entirety,

and pursuant to 21 CFR 1316.67, hereby

issues his final order based upon

findings of fact and conclusions of law

as hereinafter set forth. The Acting

Deputy Administrator adopts, in full,

the Opinion and Recommended

Decision of the Administrative Law

Judge.

The Acting Deputy Administrator

finds that on December 14, 1995, the

Board issued its Final Decision and

Order, suspending Respondent’s

Wisconsin medical license for a period

of not less than four years, with the

provision for successive three-month

stays of the suspension conditioned

upon compliance with certain

conditions and limitations on the

license. Subsequently, the Board

ordered that the stay of the suspension

of Respondent’s medical license be

terminated, and his license was

suspended effective January 30, 1996.

Thereafter, on March 1, 1996, and

February 3, 1997, the Board denied

petitions filed by Respondent for the

reinstatement of the stay of suspension

of his medical license. Therefore, the

Acting Deputy Administrator finds that

Respondent is not currently authorized

to handle controlled substances in the

State of Wisconsin.

The Acting Deputy Administrator

finds that in light of the fact that

Respondent is not currently licensed to

practice medicine in the State of

Wisconsin, it is reasonable to infer that

he is not currently authorized to handle

controlled substances in that state.

Respondent did not file a response to

the Government’s motion, and therefore

does not dispute that he is not currently

authorized to practice medicine or

handle controlled substances in the

State of Wisconsin.

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 Respondent is not

currently authorized to handle

controlled substances in the State of

Wisconsin, the state where he is

registered with DEA. Therefore,

Respondent is not entitled to a DEA

registration in that state.

The Acting Deputy Administrator

further finds that under the

circumstances, Judge Bittner properly

granted the Government’s Motion for

Summary Disposition. It is well-settled

that when no question of material fact

is involved, a plenary, adversary

administrative proceeding involving

evidence and cross-examination of

witnesses is not obligatory. See Phillip

E. Kirk, M.D., 48 FR 32,887 (1983), aff’d

sub nom Kirk v. Mullen, 749 F.2d 297

(6th Cir. 1984); NLRB v. International

Association of Bridge, Structural and

Ornamental Ironworkers, AFL–CIO,

F.2d 634 (9th Cir. 1977); United States

v. Consolidated Mines & Smelting Co.,

44 F.2d 432 (9th Cir. 1971).

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 BD0469254, previously

issued to Anthony P. Dalton, 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 January 2, 1998.

Dated: November 20, 1997.

James S. Milford,

Acting Deputy Administrator.

[FR Doc. 97–31470 Filed 12–1–97; 8:45 am]

BILLING CODE 4410–09–M

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

Agency Information Collection

Activities: Proposed Collection;

Comment Request

ACTION: Request OMB emergency

approval; guarantee of payment.

The Department of Justice,

Immigration and Naturalization Service

(INS) has submitted the following

information collection request (ICR)

utilizing emergency review procedures,

to the Office of Management and Budget

(OMB) for review and clearance in

accordance with the section

1320.13(a)(1)(ii) and (a)(2)(iii) of the

Paperwork Reduction Act of 1995. The

INS has determined that it cannot

reasonably comply with the normal

clearance procedures under this Part

because normal clearance procedures

are reasonably likely to prevent or

disrupt the collection of information.

Therefore, OMB approval has been

requested by November 30, 1997. If

granted, the emergency approval is only

valid for 180 days. All comments and/

or questions pertaining to this pending

request for emergency approval Must be

directed to OMB, Office of Information

and Regulatory Affairs, Attention: Ms.

Debra Bond, 202–395–7316, Department

of Justice Desk Officer, Washington, DC

20503. Comments regarding the

emergency submission of this

information collection may also be

submitted via facsimile to Ms. Bond at

202–395–6974.

During the first 60 days of this same

period, a regular review of this

information collection is also being

undertaken. During the regular review

period, the INS requests written

comments and suggestions from the

public and affected agencies concerning

the proposed collection of information.

Comments are encouraged and will be

accepted until [Insert date of the 60th

day from the date that this notice is

published in the Federal Register].

During the 60-day regular review All

comments and suggestions, or questions

regarding additional information, to

include obtaining a copy of the

proposed information collection

instrument with instructions, should be

directed to Mr. Richard A. Sloan, 202–

514–3291, Director, Policy Directives

and Instructions Branch, Immigration

and Naturalization Service, U.S.

Department of Justice, Room 5307, 425

I Street, NW., Washington, DC 20536.

Your comments should address one or

more of the following four points:

(1) Evaluate whether the proposed

collection of information is necessary
Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Notices 63727

for the proper performance of the

functions of the agency, including

whether the information will have

practical utility;

(2) 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;

(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 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 current information

collection.

(2) Title of the Form/Collection:

Guarantee of Payment.

(3) Agency form number, if any, and

the applicable component of the

Department of Justice sponsoring the

collection: Form I–510. Office of

Detention and Deportation, Immigration

and Naturalization Service.

(4) Affected public who will be asked

or required to respond, as well as a brief

abstract: Primary: Business or other forprofit. Section 253 of the Immigration

and Nationality Act (Act) provides that

the master or agent of a vessel or aircraft

shall guarantee payment for expenses

incurred for an alien crewman who

arrived in the United States and is

afflicted with any disease or illness

mentioned in Section 255 of the Act.

(5) An estimate of the total number of

respondents and the amount of time

estimated for an average respondent to

respond: 100 respondents at .083 hours

per response.

(6) An estimate of the total public

burden (in hours) associated with the

collection: 8 annual burden hours.

If additional information is required

during the first 60 days of this same

regular review period contact Mr. Robert

B. Briggs, Clearance Officer, United

States Department of Justice,

Information Management and Security

Staff, Justice Management Division,

Suite 850, Washington Center, 1001 G

Street, NW, Washington, DC 20530.

Dated: November 25, 1997.

Robert B. Briggs,

Department Clearance Officer, United States

Department of Justice.

[FR Doc. 97–31498 Filed 12–1–97; 8:45 am]

BILLING CODE 4410–18–M

DEPARTMENT OF LABOR

Mine Safety and Health Administration

Petitions for Modification

The following parties have filed

petitions to modify the application of

mandatory safety standards under

section 101(c) of the Federal Mine

Safety and Health Act of 1977.

1. Mountain Coal Company

[Docket No. M–97–117–C]

Mountain Coal Company, P.O. Box

591, Somerset, Colorado 81434 has filed

a petition to modify the application of

30 CFR 75.1906(e) and (f) (transport of

diesel fuel) to its West Elk Mine (I.D.

No. 05–03672) located in Gunnison

County, Colorado. The petitioner

proposes to use 1700 gallons of diesel

fuel that would be transported at one

time on a diesel fuel transportation unit

with the tank permanently fixed to the

unit, with a total capacity no greater

than 1700 gallons of diesel fuel. The

petitioner asserts that the proposed

alternative method would provide at

least the same measure of protection as

would the mandatory standard.

2. Arch of Kentucky

[Docket No. M–97–118–C]

Arch of Kentucky, P.O. Box 787,

Lynch, Kentucky 40855 has filed a

petition to modify the application of 30

CFR 75.360(b)(9) (preshift examination)

to its 37 Mine (I.D. No. 15–04670)

located in Harlan County, Kentucky.

The petitioner requests a variance for

three different isolated locations

involving dewatering pumps and the

associated electrics located at the 95 and

96 Crosscuts—Main Track Heading, the

150 Crosscut—Main Track Heading, and

the 34 Crosscut L–14. The petitioner

proposes to have the electrical

installations ventilated by a separate

intake split of air that would be

ventilated directly into the return where

no employees regularly work in the

vicinity or by the electrical installations;

to install a carbon monoxide detection

sensor at each location that would be

monitored at all times while employees

are underground and to implement the

preshift requirement in the event the

carbon monoxide system becomes

inoperative, until the system is repaired;

and to inspect the electrical installations

for hazardous conditions on a weekly

basis. The petitioner states that the

excessive travel to the three locations

specified in this petition would result in

a diminution of safety because the

fireboss is traveling alone each shift for

long distances to remote areas of the

mine.

3. The Pittsburg & Midway Coal Mining

Company

[Docket No. M–97–119–C]

The Pittsburg & Midway Coal Mining

Company, P.O. Box 6518, Englewood,

Colorado 80155–6518 has filed a

petition to modify the application of 30

CFR 75.503 (permissible electric face

equipment; maintenance) to its Sebree

#1 Mine (I.D. No. 15–17044) located in

Webster County, Kentucky. The

petitioner requests a variance to allow

the use of a spring-loaded device with

specific fastening characteristics with its

fastening configuration to secure plugs

and electrical-type connectors to

batteries and to the permissible mobilepowered equipment, which the batteries

serve, instead of using a padlock. The

petitioner asserts that the proposed

alternative method would provide at

least the same measure of protection as

would the mandatory standard.

4. Island Creek Coal Company

[Docket No. M–97–120–C]

Island Creek Coal Company, Consol

Plaza, 1800 Washington Road,

Pittsburgh, Pennsylvania 15241–1421

has filed a petition to modify the

application of 30 CFR 75.1905–1(g)

(diesel fuel piping system) to its Ohio

No. 11 Mine (I.D. No. 15–03178) located

in Union County, Kentucky. The

petitioner requests a variance to permit

the transportation of diesel fuel from a

surface diesel fuel oil storage tank

directly into the fuel tank of individual

units of underground diesel equipment.

The petitioner has listed specific

procedures in this petition for

implementing its alternative method of

transporting fuel from the surface to

underground diesel equipment. The

petitioner asserts that the proposed

alternative method would provide at

least the same measure of protection as

would the mandatory standard.

5. Consol of Kentucky, Inc.

[Docket No. M–97–121–C]

Consol of Kentucky, Inc., Consol

Plaza, 1800 Washington Road,

Pittsburgh, Pennsylvania 15241–1421

has filed a petition to modify the

application of 30 CFR 75.1101–8 (water

sprinkler systems; arrangement of

sprinklers) to its Ridge No. 8 Mine (I.D.

No. 15–17972) located in Floyd County,

Kentucky. The petitioner requests a

variance to permit the use of a single

line of automatic sprinklers for its fire

protection system on main and

secondary belt conveyors. The

petitioner proposes to use a single

overhead pipe system with 1⁄2-inch

orifice automatic sprinklers located on

10-foot centers, located to cover 50 feet