Federal Register / Vol. 66, No. 110 / Thursday, June 7, 2001 / Notices 30753

within 30 days, his right to a hearing

would be considered waived.

On April 6, 2001, a copy of the OTSC

was personally served by two DEA

Diversion Investigators upon Dr.

Nelson’s attorney. No request for a

hearing or any other response was

received by DEA from Dr. Nelson or

anyone purporting to represent him in

this matter, however. Therefore, the

Administrator of the DEA, finding that

(1) thirty days have passed since receipt

of the Order to Show Cause, and (2) no

request for a hearing having been

received, concludes Dr. Nelson is

deemed to have waived his right to a

hearing. After considering relevant

material from the investigative file in

this matter, the Administrator now

enters his final order without a hearing

pursuant to 21 CFR 1301.43(d) and (e)

and 1301.46 (1999).

The Administrator finds that based on

an investigation by the Oklahoma and

State Board of Medical Licensure and

Supervisor, by use of a pharmacy

internet web site, Dr. Nelson issued

prescriptions for controlled substances

without personally seeing or physically

examining patients. During the single

week of October 25, 2000, to November

2, 2000, Dr. Nelson authorized 1,684

prescriptions, of which 1,651 were for

controlled substances. These

prescriptions were not issued in the

usual course of medical practice, in

violation of 21 CFR 1306.04.

On December 14, 2000, Dr. Nelson

agreed with the Oklahoma State Board

of License and Supervision (Board) to

refrain from issuance of further

prescriptions to internet customers.

Despite this agreement, at least eight

refills and new prescriptions for

controlled substances attributed to Dr.

Nelson continued to be filled. The

Board also learned that Dr. Nelson had

prescribed drugs for three separate

internet web sites.

On February 12, 2001, the Oklahoma

Bureau of Narcotics and Dangerous Drug

Control (Bureau) suspended Dr.

Nelson’s State narcotic registration, in

part on the grounds that his registered

address was in actuality a postal mail

box facility, not a place of professional

practice. The Bureau also learned that

Dr. Nelson had provided a false social

security number and date of birth in the

application that he made with the

Bureau.

On March 1, 2001, the Oklahoma

State Board of Medical License and

Supervisions issued an Order of

Emergency Suspension suspending Dr.

Nelson’s medical license, in part based

on a finding that he could not practice

medicine with a reasonable degree of

safety, competency, and skill sufficient

to protect the public health, safety, and

welfare.

On the basis of this evidence, by the

OTSC dated April 6, 2001, the

Administrator of the DEA made the

preliminary findings that Dr. Nelson

was responsible for the diversion of

large quantities of controlled substances

into other than legitimate channels, and

further that Dr. Nelson’s violation of the

December 14, 2000, agreement with the

Board demonstrated that Dr. Nelson will

continue to assist in the diversion of

controlled substances. Therefore,

pursuant to 21 U.S.C. 824(d), the

Administrator of the DEA issued an

immediate suspension of Dr. Nelson’s

DEA Certificate of Registration.

While the above-cited evidence

provides ample grounds for an

immediate suspension pursuant to

section 824(d), these grounds also

provide the basis for the revocation of

Dr. Nelson’s DEA Certificate of

Registration. There is no evidence in the

investigative file that Dr. Nelson’s

medical license has been reinstated

since the March 1, 2001, Emergency

Suspension by the Board. Therefore, the

Administrator finds that Dr. Nelson is

not currently authorized to practice

medicine in the State of Oklahoma.

Additionally, since there is no evidence

that the suspension of Dr. Nelson’s State

narcotics registration has been lifted, the

Administrator finds that Dr. Nelson also

is not authorized to handle controlled

substances in that State.

The DEA does not have the statutory

authority pursuant to the Controlled

Substances Act to issue or to 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.

See 21 U.S.C. 802(21), 823(f), and

824(a)(3). This prerequisite has been

consistently upheld in prior DEA cases.

See Frank R. Pennington, M.D., 66 FR

15,762 (DEA 2001); Romeo J. Perez,

M.D., 62 FR 16,193 (DEA 1997);

Demetris A. Green, M.D., 61 FR 60,728

(DEA 1996); Dominick A. Ricci, M.D.,

58 FR 51,104 (DEA 1993). Here it is

clear that Dr. Nelson is not currently

authorized to handle controlled

substances in the State of Oklahoma. As

a result, he is not entitled to a DEA

registration in that State.

Accordingly, the 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

BN1075224, previously issued to Rick

Joe Nelson, M.D., be, and it hereby is,

revoked. This order is effective July 6,

2001.

Dated: May 31, 2001.

Donnie R. Marshall,

Administrator.

[FR Doc. 01–14292 Filed 6–6–01; 8:45 am]

BILLING CODE 4410–09–M

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

Agency Information Collection

Activities: Comments Request

ACTION: Notice of information collection

under review; Employment eligibility

verification

The Department of Justice,

Immigration and Naturalization Service

has submitted the following information

collection request for review and

clearance in accordance with the

Paperwork Reduction Act of 1995. The

proposed information collection is

published to obtain comments from the

public and affected agencies. Comments

are encouraged and will be accepted for

sixty days until August 6, 2001.

Written comments and suggestions

from the public and affected agencies

concerning the proposed collection of

information 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

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 currently approved

collection.

(2) Title of the Form/Collection:

Employment Eligibility Verification.

(3) Agency form number, if any, and

the applicable component of the

Department of Justice sponsoring the

collection: Form I–9. Programs Division,

Immigration and Naturalization Service.

30754 Federal Register / Vol. 66, No. 110 / Thursday, June 7, 2001 / Notices

(4) Affected public who will be asked

or required to respond, as well as a brief

abstract: Primary: Individuals or

households. This form was developed to

facilitate compliance with Section 274A

of the Immigration and Nationality Act,

as amended by the Immigration Reform

and Control Act of 1986, which

prohibits the knowing employment of

unauthorized aliens. The information

collection is used by employers or by

recruiters for enforcement of provisions

of immigration laws that are designed to

control the employment of unauthorized

aliens.

(5) An estimate of the total number of

respondents and the amount of time

estimated for an average respondent to

respond: 78,000,000 responses at 9

minutes (.15 hours) per response and

20,000,000 record keepers at 4 minutes

(.066 hours) per response.

(6) An estimate of the total public

burden (in hours) associated with the

collection: 13,020,000 annual burden

hours.

If you have additional comments,

suggestions, or need a copy of the

proposed information collection

instrument with instructions, or

additional information, please contact

Richard A. Sloan 202–514–3291,

Director, Policy Directives and

Instructions Branch, Immigration and

Naturalization Service, U.S. Department

of Justice, Room 4034, 425 I Street, NW.,

Washington, DC 20536. Additionally,

comments and/or suggestions regarding

the item(s) contained in this notice,

especially regarding the estimated

public burden and associated response

time may also be directed to Mr.

Richard A. Sloan.

If additional information is required

contact: Mr. Robert B. Briggs, Clearance

Officer, United States Department of

Justice, Information Management and

Security Staff, Justice Management

Division, 1331 Pennsylvania Avenue,

NW., Suite 1220, National Place

Building, Washington, DC 20530.

Dated: June 1, 2001.

Richard A. Sloan,

Department Clearance Officer, United States

Department of Justice, Immigration and

Naturalization Service.

[FR Doc. 01–14321 Filed 6–6–01; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF LABOR

Employment and Training

Administration

Young Offender Initiative: Reentry

Grant Program; Demonstration Grant

Program

AGENCY: Employment and Training

Administration (ETA), Labor.

ACTION: Notice of availability of funds

and solicitation for grant applications

(SGA).

SUMMARY: This notice contains all of the

necessary information and forms needed

to apply for grant funding. The

Departments of Labor, Justice, and

Health and Human Services are

requesting applications for the Fiscal

Year 2001 Young Offender Initiative:

Demonstration Grant Program projects.

Approximately $11.5 million is

available to fund demonstration grants

to provide services aimed at youth who

are or have been under criminal justice

supervision or involved in gangs. The

Department of Labor (DOL) has worked

with the Office of Juvenile Justice and

Delinquency Prevention in the U.S.

Department of Justice (DOJ) and the

Substance Abuse and Mental Health

Services Administration (SAMHSA) in

the U.S. Department of Health and

Human Services (DHHS) in deciding to

use these funds for an innovative model

to serve young offenders, gang members,

and at-risk youth. This model is called

the One-Stop Youth Services

Demonstration Model. Grants will be

given in two categories: Category A:

Large Areas and Category B: Small to

Medium-Sized Areas. The model is

based upon new research. Applicants

can only apply under one of the two

categories which must be clearly

identified on the face sheet of the

application.

Local Workforce Investment Boards

(Local Boards), other political

subdivisions of the State, and private

entities are eligible to receive grant

funds under this announcement. Local

workforce investment areas who were

awarded grants to administer Youth

Offender Demonstration Projects in

1999 (SGA/DAA 98–015, dated

September 2, 1998) and 2001 (SGA/DFA

01–101, dated December 11, 2000) are

ineligible to apply under this

Solicitation. However, first round (1999)

grantees who were not awarded

additional funds to continue their

current programs through DOL’s Letter

of Competition, dated December 7,

2000, are eligible to apply.

DATES: The closing date for receipt of

applications is Monday, October 1,

2001. Applications must be received by

4 p.m. (Eastern Daylight Savings Time)

at the address below. No exceptions to

the mailing and hand-delivery

conditions set forth in this notice will

be granted. Applications that do not

meet the conditions set forth in this

notice will not be honored.

Telefacsimile (FAX) applications will

not be honored.

ADDRESSES: Applications must be

mailed to: U.S. Department of Labor,

Employment and Training

Administration, Division of Federal

Assistance, Attention: B. Jai Johnson,

Reference: SGA/DFA 01–109, 200

Constitution Avenue, NW., Room S–

4203, Washington, DC 20210.

FOR FURTHER INFORMATION CONTACT:

Questions should be faxed to B. Jai

Johnson at (202) 693–2879, (this is a not

a toll-free number). All inquiries should

include the SGA/DFA number 01–109,

and a contact name, fax and phone

numbers. This announcement will also

be published on the Internet on the

Employment and Training

Administration’s Home Page at http://

www.doleta.gov. Award notifications

will also be published on the Home

Page.

SUPPLEMENTARY INFORMATION: This

solicitation is jointly issued by the U.S.

Department of Labor (DOL),

Employment and Training

Administration (ETA); the U.S.

Department of Justice (DOJ), Corrections

Program Office (CPO), Office of Justice

Programs (OJP); and U.S. Department of

Health and Human Services (DHHS),

Substance Abuse and Mental Health

Services Administration’s (SAMHSA)

Center for Substance Abuse Treatment

(CSAT) and Center for Mental Health

Services (CMHS). Additional offices

within DOJ’s Office of Justice Programs

helping to guide this effort include the

Office of Juvenile Justice and

Delinquency Prevention, the National

Institute of Justice, and the Executive

Office of Weed and Seed.

These grants make use of funds

appropriated in the Fiscal Year (FY)

2001 Federal budget, and are the third

round of Young Offender Initiative:

Demonstration Grant Program projects.

Two prior rounds of such grants have

been awarded based on appropriations

in the FY 1998 and FY 2000 budgets.

This solicitation is one of two dealing

with the overall Young Offender

Initiative: Reentry Grant Program

(Initiative). It is for a smaller number of

experimental Young Offender Initiative:

Demonstration Grant Program projects

and published coincident with the

larger Young Offender Initiative:

Reentry Grant Program solicitation.