32188 Federal Register / Vol. 87, No. 103 / Friday, May 27, 2022 / Notices 

7Chapter 458 regulates medical practice. 

802(21). Second, in setting the 

requirements for obtaining a 

practitioner’s registration, Congress 

directed that ‘‘[t]he Attorney General 

shall register practitioners . . . if the 

applicant is authorized to dispense . . . 

controlled substances under the laws of 

the State in which he practices.’’ 21 

U.S.C. 823(f). Because Congress has 

clearly mandated that a practitioner 

possess state authority in order to be 

deemed a practitioner under the CSA, 

the DEA has held repeatedly that 

revocation of a practitioner’s registration 

is the appropriate sanction whenever he 

is no longer authorized to dispense 

controlled substances under the laws of 

the state in which he practices. See, e.g., 

James L. Hooper, 76 FR at 71371–72; 

Sheran Arden Yeates, M.D., 71 FR 

39130, 39131 (2006); Dominick A. Ricci, 

M.D., 58 FR 51104, 51105 (1993); Bobby 

Watts, M.D., 53 FR 11919, 11920 (1988); 

Frederick Marsh Blanton, 43 FR at 

27617. Moreover, because ‘‘the 

controlling question’’ in a proceeding 

brought under 21 U.S.C. 824(a)(3) is 

whether the holder of a practitioner’s 

registration ‘‘is currently authorized to 

handle controlled substances in the 

[S]tate,’’ Hooper, 76 FR at 71371 

(quoting Anne Lazar Thorn, 62 FR 

12847, 12848 (1997)), the Agency has 

also long held that revocation is 

warranted even where a practitioner is 

still challenging the underlying action. 

Bourne Pharmacy, 72 FR 18273, 18274 

(2007); Wingfield Drugs, 52 FR 27070, 

27071 (1987). Thus, it is of no 

consequence that in this case, 

Respondent’s underlying conviction is 

being appealed. What is consequential 

is my finding that Respondent is no 

longer currently authorized to dispense 

controlled substances in Florida, the 

state in which he is registered with the 

DEA. 

According to Florida statute, ‘‘A 

practitioner, in good faith and in the 

course of his or her professional practice 

only, may prescribe, administer, 

dispense, mix, or otherwise prepare a 

controlled substance.’’ Fla. Stat. Ann. 

893.05(1)(a) (West 2022). Further, a 

‘‘practitioner’’ as defined by Florida 

statute includes ‘‘a physician licensed 

under chapter 458.7 ’’ Id. at § 893.02(23). 

Here, the undisputed evidence in the 

record is that Respondent currently 

lacks authority to practice medicine in 

Florida. As already discussed, a 

physician must be a licensed 

practitioner to dispense a controlled 

substance in Florida. Thus, because 

Respondent lacks authority to practice 

medicine in Florida and, therefore, is 

not authorized to handle controlled 

substances in Florida, Respondent is not 

eligible to maintain a DEA registration. 

Accordingly, I will order that 

Respondent’s DEA registration be 

revoked. 

Order 

Pursuant to 28 CFR 0.100(b) and the 

authority vested in me by 21 U.S.C. 

824(a), I hereby revoke DEA Certificate 

of Registration No. FG2055158 issued to 

Omar Garcia, M.D. Further, pursuant to 

28 CFR 0.100(b) and the authority 

vested in me by 21 U.S.C. 823(f), I 

hereby deny any pending application of 

Omar Garcia, M.D. to renew or modify 

this registration, as well as any other 

pending application of Omar Garcia, 

M.D. for additional registration in 

Florida. This Order is effective June 27, 

2022. 

Anne Milgram, 

Administrator. 

[FR Doc. 2022–11507 Filed 5–26–22; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Proposed 

Consent Decree Under the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act 

On May 23, 2022, the Department of 

Justice lodged a proposed consent 

decree with the United States District 

Court for the District of Montana 

entitled United States and the State of 

Delaware v. Burlington Northern Santa 

Fe Railway Co. and Montana Rail Link, 

Inc., Civil Action No. 6:22–cv–00035– 

SEH. 

The United States filed this lawsuit 

under the Comprehensive 

Environmental Response, Compensation 

and Liability Act (CERCLA). The 

complaint alleges that the defendants 

are liable in connection with the 

releases of hazardous substances at the 

East Helena Superfund Site (the ‘‘Site) 

in East Helena, Montana. Under the 

consent decree, the defendants will 

expend an estimated $852,200 to 

remediate an active railyard within the 

Site boundaries. They will also 

reimburse EPA’s costs of overseeing 

their work. In return, the United States 

and Delaware agree not to sue the 

defendants under sections 106 and 107 

of CERCLA. 

The publication of this notice opens 

a period for public comment on the 

consent decree. Comments should be 

addressed to the Assistant Attorney 

General, Environment and Natural 

Resources Division, and should refer to 

United States v. Burlington Northern 

Santa Fe Railway Co. and Montana Rail 

Link, Inc., D.J. Ref. No. 90–11–3–08633/ 

7. All comments must be submitted no 

later than thirty (30) days after the 

publication date of this notice. 

Comments may be submitted either by 

email or by mail: 

To submit 

comments: Send them to: 

By email ....... pubcomment-ees.enrd@

usdoj.gov. 

By mail ......... Assistant Attorney General, 

U.S. DOJ—ENRD, P.O. 

Box 7611, Washington, DC 

20044–7611. 

During the public comment period, 

the consent decree may be examined 

and downloaded at this Justice 

Department website: https://

www.justice.gov/enrd/consent-decrees. 

We will provide a paper copy of the 

consent decree without the exhibits 

upon written request and payment of 

reproduction costs. Please mail your 

request and payment to: Consent Decree 

Library, U.S. DOJ—ENRD, P.O. Box 

7611, Washington, DC 20044–7611. 

Please enclose a check or money order 

for $10.50 (25 cents per page 

reproduction cost) payable to the United 

States Treasury. 

Jeffrey Sands, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 2022–11489 Filed 5–26–22; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Agency Information Collection 

Activities; Comment Request; Worker 

Profiling and Reemployment Services 

Activity and Worker Profiling and 

Reemployment Services Outcomes 

ACTION: Notice. 

SUMMARY: The Department of Labor’s 

(DOL) Employment and Training 

Administration (ETA) is soliciting 

comments concerning a proposed 

extension for the authority to conduct 

the information collection request (ICR) 

titled, ‘‘Worker Profiling and 

Reemployment Services Activity and 

Worker Profiling and Reemployment 

Services Outcomes.’’ This comment 

request is part of continuing 

Departmental efforts to reduce 

paperwork and respondent burden in 

accordance with the Paperwork 

Reduction Act of 1995 (PRA). 


jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 103 / Friday, May 27, 2022 / Notices 32189 

DATES: Consideration will be given to all 

written comments received by July 26, 

2022. 

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 free by contacting Ellen 

Wright by telephone at (202) 693–9995 

(this is not a toll-free number), TTY 1– 

877–889–5627 (this is not a toll-free 

number), or by email at Wright.Ellen.D@

dol.gov. 

Submit written comments about, or 

requests for a copy of, this ICR by mail 

or courier to the U.S. Department of 

Labor, Employment and Training 

Administration, Office of 

Unemployment Insurance Room S– 

4520, 200 Constitution Avenue NW, 

Washington, DC 20210; by email: 

Wright.Ellen.D@dol.gov; or by fax at 

(202) 693–3975. 

FOR FURTHER INFORMATION CONTACT: 

Lawrence Burns by telephone at (202) 

693–3141 (this is not a toll-free number) 

or by email at Burns.Lawrence@dol.gov. 

SUPPLEMENTARY INFORMATION: DOL, as 

part of continuing efforts to reduce 

paperwork and respondent burden, 

conducts a pre-clearance consultation 

program to provide the general public 

and Federal agencies an opportunity to 

comment on proposed and/or 

continuing collections of information 

before submitting them to the Office of 

Management and Budget (OMB) for final 

approval. This program helps to ensure 

requested data can be provided in the 

desired format, reporting burden (time 

and financial resources) is minimized, 

collection instruments are clearly 

understood, and the impact of collection 

requirements can be properly assessed. 

ETA is soliciting comments 

concerning the collection of data in the 

ETA 9048, Worker Profiling and 

Reemployment Services Activity Report, 

and the ETA 9049, Worker Profiling and 

Reemployment Services Outcomes 

Report. Authorization for both reports 

expires on December 31, 2022. The 

Worker Profiling and Reemployment 

Services (WPRS) program, mandated by 

the Unemployment Compensation 

Amendments of 1993, Public Law 103– 

152, identifies and ranks unemployment 

insurance (UI) claimants by their 

potential for exhausting benefits before 

returning to work and refers these 

claimants to appropriate reemployment 

services. 

WPRS is a required UI activity that 

each state may operate as a standalone 

program or integrated within the state’s 

Reemployment Services and Eligibility 

Assessments (RESEA) program, which is 

a voluntary reemployment program 

authorized by Section 306 of the Social 

Security Act (SSA). Specifically, states 

participating in the RESEA program 

may opt to integrate WPRS into the 

RESEA participant selection process. 

States that fully integrate WPRS into 

their RESEA program and provide 

RESEA services statewide are exempt 

from WPRS reporting because WPRS 

activities are fully reflected in RESEA 

quarterly report (ETA 9128 and ETA 

9129). States that opt not to include 

WPRS into their RESEA program design 

or only offer RESEA in limited locations 

must continue to submit the ETA 9048 

and ETA 9049. Based on analysis of 

historical data and state’s planned 

RESEA activities, ETA projects that up 

to 15 states per year will continue to 

report WPRS activities using the ETA 

9048 and ETA 9049, and burden 

estimates have been revised to reflect 

this projected level of activity. 

Additional information about the 

integration of WPRS into RESEA is 

available in Unemployment Insurance 

Program Letter No. 10–22 and Training 

and Employment Guidance Letter No. 

05–21, ‘‘Fiscal Year (FY) 2022 Funding 

Allotments and Operating Guidance for 

Unemployment Insurance (UI) 

Reemployment Services and Eligibility 

Assessment (RESEA) Grants.’’ 

The ETA 9048 and ETA 9049 reports 

are the only means of tracking the 

activities in the WPRS program in 

instances where states have not 

volunteered to participate in RESEA, 

opted to not integrate WPRS into their 

RESEA program design, or continue 

provide WPRS services in areas not 

currently served by RESEA. The ETA 

9048 report describes the number of 

claimants at various points in the WPRS 

system from initial profiling through the 

completion of specific reemployment 

services. The ETA 9049 describes the 

reemployment experience of profiled 

claimants selected for referral to 

services by examining the state’s 

existing wage record files to capture 

which quarter the individuals who 

received reemployment services became 

employed, what wages they earned, and 

whether the individuals receiving 

services changed industries. Section 

303(a)(6), SSA, authorizes this 

information collection. 

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 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. 

Interested parties are encouraged to 

provide comments to the contact shown 

in the ADDRESSES section. Comments 

must be written to receive 

consideration, and they will be 

summarized and included in the request 

for OMB approval of the final ICR. In 

order to help ensure appropriate 

consideration, comments should 

mention OMB 1205–0353. 

Submitted comments will also be a 

matter of public record for this ICR and 

posted on the internet, without 

redaction. DOL encourages commenters 

not to include personally identifiable 

information, confidential business data, 

or other sensitive statements/ 

information in any comments. 

DOL 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–ETA. 

Type of Review: Extension without 

changes. 

Title of Collection: Worker Profiling 

and Reemployment Services Activity 

and Worker Profiling and 

Reemployment Services Outcomes. 

Forms: ETA 9048, ETA 9049. 

OMB Control Number: 1205–0353. 

Affected Public: State Workforce 

Agencies. 

Estimated Number of Respondents: 

300,427. 

Frequency: Varies. 

Total Estimated Annual Responses: 

600,945. 

Estimated Average Time per 

Response: Varies. 

Estimated Total Annual Burden 

Hours: 781,102.5. 

Total Estimated Annual Other Cost 

Burden: $0. 


jspears on DSK121TN23PROD with NOTICES1
32190 Federal Register / Vol. 87, No. 103 / Friday, May 27, 2022 / Notices 

Authority: 44 U.S.C. 3506(c)(2)(A). 

Angela Hanks, 

Acting Assistant Secretary for Employment 

and Training, Labor. 

[FR Doc. 2022–11417 Filed 5–26–22; 8:45 am] 

BILLING CODE 4510–FW–P 

DEPARTMENT OF LABOR 

Agency Information Collection 

Activities; Submission for OMB 

Review; Comment Request; Training 

Plans, New Miner Training, NewlyHired Experienced Miner Training 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: The Department of Labor 

(DOL) is submitting Mine Safety and 

Health Administration (MSHA)- 

sponsored information collection 

request (ICR) to the Office of 

Management and Budget (OMB) for 

review and approval in accordance with 

the Paperwork Reduction Act of 1995 

(PRA). Public comments on the ICR are 

invited. 

DATES: The OMB will consider all 

written comments that the agency 

receives on or before June 27, 2022. 

ADDRESSES: Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to www.reginfo.gov/public/do/ 

PRAMain. Find this particular 

information collection by selecting 

‘‘Currently under 30-day Review—Open 

for Public Comments’’ or by using the 

search function. 

Comments are invited on: (1) Whether 

the collection of information is 

necessary for the proper performance of 

the functions of the Department, 

including whether the information will 

have practical utility; (2) if the 

information will be processed and used 

in a timely manner; (3) the accuracy of 

the agency’s estimates of the burden and 

cost of the collection of information, 

including the validity of the 

methodology and assumptions used; (4) 

ways to enhance the quality, utility and 

clarity of the information collection; and 

(5) ways to minimize the burden of the 

collection of information on those who 

are to respond, including the use of 

automated collection techniques or 

other forms of information technology. 

FOR FURTHER INFORMATION CONTACT: 

Nora Hernandez by telephone at 202– 

693–8633, or by email at DOL_PRA_

PUBLIC@dol.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Mine Safety and Health Act of 

1977 (Mine Act), as amended, 30 U.S.C. 

801 et seq., recognizes that education 

and training is an important element of 

federal efforts to make the nation’s 

mines safe. These standards are 

intended to ensure that miners will be 

effectively trained in matters affecting 

their health and safety, with the goal of 

reducing the occurrence of injury and 

illness in the nation’s mines. Title 30 

CFR 46.3 requires written training plans 

for training and retraining miners 

engaged in shell dredging or employed 

at sand, gravel, surface stone, surface 

clay, colloidal phosphate, or surface 

limestone mines. For additional 

substantive information about this ICR, 

see the related notice published in the 

Federal Register on January 21, 2022 

(87 FR 3357). 

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 the OMB 

approves it 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 OMB Control Number. 

See 5 CFR 1320.5(a) and 1320.6. 

DOL seeks PRA authorization for this 

information collection for three (3) 

years. OMB authorization for an ICR 

cannot be for more than three (3) years 

without renewal. The DOL notes that 

information collection requirements 

submitted to the OMB for existing ICRs 

receive a month-to-month extension 

while they undergo review. 

Agency: DOL–MSHA. 

Title of Collection: Training Plans, 

New Miner Training, Newly-hired 

Experienced Miner Training. 

OMB Control Number: 1219–0131. 

Affected Public: Businesses or other 

for-profits institutions. 

Total Estimated Number of 

Respondents: 10,996. 

Total Estimated Number of 

Responses: 1,135,343. 

Total Estimated Annual Time Burden: 

155,965 hours. 

Total Estimated Annual Other Costs 

Burden: $348,531. 

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

Nora Hernandez, 

Departmental Clearance Officer. 

[FR Doc. 2022–11382 Filed 5–26–22; 8:45 am] 

BILLING CODE 4510–43–P 

DEPARTMENT OF LABOR 

Agency Information Collection 

Activities; Submission for OMB 

Review; Comment Request; Explosive 

Materials and Blasting Units (Pertains 

Only to Underground Metal and 

Category III Nonmetal Mines Deemed 

to be Gassy) 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: The Department of Labor 

(DOL) is submitting this Mine Safety 

and Health Administration (MSHA)- 

sponsored information collection 

request (ICR) to the Office of 

Management and Budget (OMB) for 

review and approval in accordance with 

the Paperwork Reduction Act of 1995 

(PRA). Public comments on the ICR are 

invited. 

DATES: The OMB will consider all 

written comments that the agency 

receives on or before June 27, 2022. 

ADDRESSES: Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to www.reginfo.gov/public/do/ 

PRAMain. Find this particular 

information collection by selecting 

‘‘Currently under 30-day Review—Open 

for Public Comments’’ or by using the 

search function. 

Comments are invited on: (1) Whether 

the collection of information is 

necessary for the proper performance of 

the functions of the Department, 

including whether the information will 

have practical utility; (2) if the 

information will be processed and used 

in a timely manner; (3) the accuracy of 

the agency’s estimates of the burden and 

cost of the collection of information, 

including the validity of the 

methodology and assumptions used; (4) 

ways to enhance the quality, utility and 

clarity of the information collection; and 

(5) ways to minimize the burden of the 

collection of information on those who 

are to respond, including the use of 

automated collection techniques or 

other forms of information technology. 

FOR FURTHER INFORMATION CONTACT: 

Nora Hernandez by telephone at 202– 

693–8633, or by email at DOL_PRA_

PUBLIC@dol.gov. 

SUPPLEMENTARY INFORMATION: Under 30 

CFR parts 7 and 15, MSHA evaluates 

and approves explosive materials and 

blasting units as permissible for use in 

mines. However, some underground 

metal and nonmetal Category III mines 

(gassy mines) use non-approved 

explosive materials or blasting units. 

Section 57.22606(a) outlines the 


jspears on DSK121TN23PROD with NOTICES1