Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Notices 7815 

2The sole basis of my recommendation is the loss 

of Respondent’s state licensure. I make no findings 

or conclusions concerning the other allegations 

asserted in the Order to Show Cause. 

registration suspended, revoked or 

denied by competent State authority’’); 

Beverley P. Edwards, M.D., 75 FR 49,991 

(DEA 2010); Joseph Baumstarck, M.D., 

74 FR 17,525 (DEA 2009). 

In this case, the Respondent does not 

dispute that he currently lacks state 

authority to handle controlled 

substances. However, the Respondent 

argues that his current state medical 

license suspension is temporary, as he 

and the Florida Department of Health 

are currently involved in settlement 

negotiations in which he anticipates 

that he will regain his Florida medical 

license. [Respondent’s Response at 1–3]. 

Respondent argues that his DEA 

registration should not be revoked 

because he will soon likely regain his 

state medical license in the state of 

Florida. [Id. at 2–3]. However, the 

Emergency Suspension from the Florida 

Department of Health effectively 

suspends the Respondent’s license to 

practice medicine in the state of Florida. 

Regardless of whether the Respondent 

and the Florida Department of Health 

eventually decide upon a settlement 

agreement in which the Respondent’s 

state license is reinstated, the 

Respondent currently lacks the 

necessary state authority to practice 

medicine and handle controlled 

substances in Florida. Consequently, his 

DEA registration must be revoked. See 

Joseph Baumstarck, M.D., 74 FR 17,525, 

17,527 (DEA 2009) (stating that ‘‘a 

practitioner may not maintain his DEA 

registration if he lacks state authority to 

handle controlled substances under the 

laws of the state in which he 

practices’’); Treasure Coast Specialty 

Pharmacy, 76 FR 66,965 (DEA 2011); 

Roy Chi Lung, M.D., 74 FR 20,346 (DEA 

2009); Gabriel Sagun Orzame, M.D., 69 

FR 58,959 (DEA 2004). 

While the Respondent argues that his 

state license may be reinstated in the 

future, this possibility is immaterial in 

light of the Respondent’s current lack of 

state registration. Indeed, the CSA and 

Agency precedent make clear that as a 

prerequisite to registration the 

Respondent must have state authority to 

handle controlled substances, and that 

without such authority all other issues 

before this forum are moot. See 21 

U.S.C. 802(21); 21 U.S.C. 823(f); Joseph 

Baumstarck, M.D., 74 FR at 17,527 (DEA 

2009). Thus, because there is no dispute 

that the Respondent lacks state 

authority to handle controlled 

substances, the Respondent’s 

registration must be revoked. 

B. Respondent Is Entitled To Reapply 

for Registration With the DEA 

Any person who is required to register 

with the DEA may apply for registration 

at any time. 21 CFR 1301.13(a) (2012) 

(‘‘Any person who is required and who 

is not registered may apply for 

registration at any time. No person 

required to be registered shall engage in 

any activity for which registration is 

required until the application for 

registration is granted and a Certificate 

of Registration is issued by the 

Administrator to such person’’). 

The Respondent is permitted to 

reapply for a Certificate of Registration 

with the DEA at any time in the future. 

21 CFR 1301.13(a). However, the 

Respondent will not be permitted to 

engage in activity for which a 

registration is required until his 

application is granted by the DEA. Id. 

III. Conclusion, Order, and 

Recommendation 

Consequently, there is no genuine 

dispute of material fact regarding the 

Respondent’s lack of state authority to 

handle controlled substances. Thus, 

summary disposition for the 

Government is appropriate. It is well 

settled that when there is no question of 

material fact involved, there is no need 

for a plenary, administrative hearing. 

See Michael G. Dolin, M.D., 65 FR 5,661 

(DEA 2000). Here, there is no genuine 

dispute that the Respondent currently 

lacks state authority to practice 

medicine and to handle controlled 

substances in Florida. 

Accordingly, I hereby 

grant the Government’s Motion for 

Summary Disposition. 

I also forward this case to the 

Administrator for final disposition. I 

recommend that the Respondent’s DEA 

Certificate of Registration, Number 

FT0896754, be revoked.2

Dated: September 25, 2012. 

Gail A. Randall, 

Administrative Law Judge. 

[FR Doc. 2013–02232 Filed 2–1–13; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Agency Information Collection 

Activities; Submission for OMB 

Review; Comment Request; Gamma 

Radiation Surveys 

ACTION: Notice. 

SUMMARY: The Department of Labor 

(DOL) is submitting the Mine Safety and 

Health Administration (MSHA) 

sponsored information collection 

request (ICR) titled, ‘‘Gamma Radiation 

Surveys,’’ to the Office of Management 

and Budget (OMB) for review and 

approval for continued use in 

accordance with the Paperwork 

Reduction Act (PRA) of 1995 (44 U.S.C. 

3501 et seq.). 

DATES: Submit comments on or before 

March 6, 2013. 

ADDRESSES: A copy of this ICR with 

applicable supporting documentation; 

including a description of the likely 

respondents, proposed frequency of 

response, and estimated total burden 

may be obtained from the RegInfo.gov 

Web site, http://www.reginfo.gov/ 

public/do/PRAMain, on the day 

following publication of this notice or 

by contacting Michel Smyth by 

telephone at 202–693–4129 (this is not 

a toll-free number) or sending an email 

to DOL_PRA_PUBLIC@dol.gov. 

Submit comments about this request 

to the Office of Information and 

Regulatory Affairs, Attn: OMB Desk 

Officer for DOL–MSHA, Office of 

Management and Budget, Room 10235, 

725 17th Street NW., Washington, DC 

20503, Fax: 202–395–6881 (this is not a 

toll-free number), email: 

OIRA_submission@omb.eop.gov. 

FOR FURTHER INFORMATION CONTACT: 

Michel Smyth by telephone at 202–693– 

4129 (this is not a toll-free number) or 

by email at DOL_PRA_PUBLIC@dol.gov. 

Authority: 44 U.S.C. 3507(a)(1)(D). 

SUPPLEMENTARY INFORMATION: 

Regulations 30 CFR 57.5047 requires a 

covered mine operator to maintain a 

record of cumulative individual gamma 

radiation exposure to ensure that annual 

exposure does not exceed five (5) Rems. 

This requirement protects the health of 

workers in mines with radioactive ores. 

This information collection is subject 

to the PRA. A Federal agency generally 

cannot conduct or sponsor a collection 

of information, and the public is 

generally not required to respond to an 

information collection, unless it is 

approved by the OMB under the PRA 

and displays a currently valid OMB 

Control Number. In addition, 

notwithstanding any other provisions of 

law, no person shall generally be subject 

to penalty for failing to comply with a 

collection of information that does not 

display a valid Control Number. See 5 

CFR 1320.5(a) and 1320.6. The DOL 

obtains OMB approval for this 

information collection under Control 

Number 1219–0039. The current 

approval is scheduled to expire on 

February 28, 2013; however, it should 

be noted that existing information 

mstockstill on DSK4VPTVN1PROD with NOTICES

7816 Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Notices 

collection requirements submitted to the 

OMB receive a month-to-month 

extension while they undergo review. 

For additional information, see the 

related notice published in the Federal 

Register on October 12, 2012 (77 FR 

62267). 

Interested parties are encouraged to 

send comments to the OMB, Office of 

Information and Regulatory Affairs at 

the address shown in the ADDRESSES

section within 30 days of publication of 

this notice in the Federal Register. In 

order to help ensure appropriate 

consideration, comments should 

mention OMB Control Number 1219– 

0039. The OMB is particularly 

interested in comments that: 

• 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 

agency’s 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. 

Agency: DOL–MSHA. 

Title of Collection: Gamma Radiation 

Surveys. 

OMB Control Number: 1219–0039. 

Affected Public: Private Sector— 

businesses or other for-profits. 

Total Estimated Number of 

Respondents: 4. 

Total Estimated Number of 

Responses: 4. 

Total Estimated Annual Burden 

Hours: 8. 

Total Estimated Annual Other Costs 

Burden: $0. 

Dated: January 29, 2013. 

Michel Smyth, 

Departmental Clearance Officer. 

[FR Doc. 2013–02397 Filed 2–1–13; 8:45 am] 

BILLING CODE 4510–43–P 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[Notice: (13–008)] 

NASA Advisory Council; Aeronautics 

Committee; Unmanned Aircraft 

Systems Subcommittee Meeting 

AGENCY: National Aeronautics and 

Space Administration. 

ACTION: Notice of meeting. 

SUMMARY: In accordance with the 

Federal Advisory Committee Act, Public 

Law 92–463, as amended, the National 

Aeronautics and Space Administration 

announces a meeting of the Unmanned 

Aircraft Systems (UAS) Subcommittee 

of the Aeronautics Committee of the 

NASA Advisory Council. The meeting 

will be held for the purpose of 

soliciting, from the aeronautics 

community and other persons, research 

and technical information relevant to 

program planning. 

DATES: Tuesday, February 26, 2013, 8:30 

a.m. to 4:30 p.m., Local Time. 

ADDRESSES: National Aeronautics and 

Space Administration Headquarters, 

Room 6E40B, 300 E Street SW., 

Washington, DC 20546. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Brenda L. Mulac, Executive Secretary 

for the UAS Subcommittee of the 

Aeronautics Committee, National 

Aeronautics and Space Administration 

Headquarters, Washington, DC 20546, 

(202) 358–1578, or 

brenda.l.mulac@nasa.gov. 

SUPPLEMENTARY INFORMATION: The 

meeting will be open to the public up 

to the capacity of the room. Any person 

interested in participating in the 

meeting by WebEx and telephone 

should contact Ms. Brenda L. Mulac at 

(202) 358–1578 for the web link, tollfree number and passcode. The agenda 

for the meeting includes the following 

topics: 

• Overview of UAS Aviation 

Rulemaking Committee Activities and 

NASA’s UAS Project Involvement 

• Overview of the NASA UAS Systems 

Analysis 

• Review of UAS in the National 

Airspace System Project Integration of 

Subprojects 

• Development and review of 2013 

Work Plan 

It is imperative that these meetings be 

held on this date to accommodate the 

scheduling priorities of the key 

participants. Attendees will be 

requested to comply with NASA 

security requirements, including the 

presentation of a valid picture ID, before 

receiving an access badge. U.S. citizens 

will need to show a valid, officiallyissued picture identification such as 

driver’s license to enter the NASA 

Headquarters building (West Lobby— 

Visitor Control Center) and must state 

that they are attending the NASA 

Advisory Council Aeronautics 

Committee UAS Subcommittee meeting 

in conference room 6B42 before 

receiving an access badge. All non-U.S. 

citizens must fax a copy of their 

passport, and print or type their name, 

current address, citizenship, company 

affiliation (if applicable) to include 

address, telephone number, and their 

title, place of birth, date of birth, U.S. 

visa information to include type, 

number, and expiration date, U.S. Social 

Security Number (if applicable), 

Permanent Resident green card number 

and expiration date (if applicable), and 

place and date of entry into the U.S., to 

Ms Brenda L. Mulac, NASA Advisory 

Council Aeronautics Committee UAS 

Subcommittee Executive Secretary, fax 

202–358–3602, by no less than 8 

working days prior to the meeting. NonU.S. citizens will need to show their 

Passport or Permanent Resident green 

card to enter the NASA Headquarters 

building. For questions, please call Ms 

Brenda L. Mulac at (202) 358–1578. 

Patricia D. Rausch, 

Advisory Committee Management Officer, 

National Aeronautics and Space 

Administration. 

[FR Doc. 2013–02331 Filed 2–1–13; 8:45 am] 

BILLING CODE 7510–13–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2013–0021] 

Quality Assurance Program 

Requirements (Operations) 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Draft regulatory guide; request 

for comment. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing for public 

comment draft regulatory guide (DG), 

DG–1300, ‘‘Quality Assurance Program 

Requirements (Operations).’’ 

DATES: Submit comments by April 1, 

2013. Comments received after this date 

will be considered if it is practical to do 

so, but the NRC is able to ensure 

consideration only for comments 

received on or before this date. 

Although a time limit is given, 

comments and suggestions in 

connection with items for inclusion in 

guides currently being developed or 

mstockstill on DSK4VPTVN1PROD with NOTICES