Federal Register / Vol. 87, No. 122 / Monday, June 27, 2022 / Notices 38185 

1Based on the two Declarations from DEA 

Diversion Investigators that the Government 

submitted with its RFAA, the Agency finds that the 

Government’s attempts to serve Registrant with the 

OSC were adequate. RFAA, Apps. 1–2. Further, 

based on the Government’s assertions in its RFAA, 

the Agency finds that more than thirty days have 

passed since Registrant was served with the OSC 

and Registrant has neither requested a hearing nor 

submitted a written statement or corrective action 

plan and therefore has waived any such rights. 

RFAA, at 4; see also 21 CFR 1301.43(d) and 21 

U.S.C. 824(c)(2)(C). 

2Under the Administrative Procedure Act, an 

agency ‘‘may take official notice of facts at any stage 

in a proceeding—even in the final decision.’’ 

United States Department of Justice, Attorney 

General’s Manual on the Administrative Procedure 

Act 80 (1947) (Wm. W. Gaunt & Sons, Inc., Reprint 

1979). Pursuant to 5 U.S.C. 556(e), ‘‘[w]hen an 

agency decision rests on official notice of a material 

fact not appearing in the evidence in the record, a 

party is entitled, on timely request, to an 

opportunity to show the contrary.’’ Accordingly, 

Registrant may dispute the Agency’s findings by 

filing a properly supported motion for 

reconsideration of findings of fact within fifteen 

calendar days of the date of this Order. Any such 

motion and response shall be filed and served by 

email to the other party and to Office of the 

Administrator, Drug Enforcement Administration at 

dea.addo.attorneys@dea.usdoj.gov. 

3This rule derives from the text of two provisions 

of the CSA. First, Congress defined the term 

‘‘practitioner’’ to mean ‘‘a physician . . . or other 

person licensed, registered, or otherwise permitted, 

by . . . the jurisdiction in which he practices . . . , 

to distribute, dispense, . . . [or] administer . . . a 

controlled substance in the course of professional 

practice.’’ 21 U.S.C. 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 71,371–72; Sheran Arden 

Yeates, M.D., 71 FR 39,130, 39,131 (2006); 

Dominick A. Ricci, M.D., 58 FR 51,104, 51,105 

(1993); Bobby Watts, M.D., 53 FR 11,919, 11,920 

(1988); Frederick Marsh Blanton, 43 FR 27,617. 

document upon publication in the 

Federal Register. 

Scott Brinks, 

Federal Register Liaison Officer, Drug 

Enforcement Administration. 

[FR Doc. 2022–13626 Filed 6–24–22; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

Jonathan Rosenfield, M.D.; Decision 

and Order 

On March 31, 2022, the Drug 

Enforcement Administration 

(hereinafter, DEA or Government), 

issued an Order to Show Cause 

(hereinafter, OSC) to Jonathan 

Rosenfield, M.D. (hereinafter, 

Registrant). OSC, at 1 and 3. The OSC 

proposed the revocation of Registrant’s 

Certificates of Registration Nos. 

FR4795780 and FR5759216 at the 

registered addresses of 393 Georgia 

Avenue SE, Atlanta, Georgia, and 1077 

South Main Street, Madison, Georgia. 

Id. at 1. The OSC alleged that 

Registrant’s registrations should be 

revoked because Registrant is ‘‘without 

authority to handle controlled 

substances in Georgia, the state in 

which [he is] registered with DEA for 

[both] registrations.’’ Id. at 2 (citing 21 

U.S.C. 824(a)(3)). 

The Agency makes the following 

findings of fact based on the 

uncontroverted evidence submitted by 

the Government in its Request for Final 

Agency Action (RFAA) dated May 31, 

2022.1

Findings of Fact 

A DEA Diversion Investigator attested 

that he became aware of the lapse in 

Registrant’s Georgia medical license in 

the course of his official duties and 

confirmed the lapse on the state website 

and also ‘‘through conversations with 

those at the Georgia Composite Medical 

Board.’’ RFAA, App. 2, at 3. According 

to Georgia’s online records, of which the 

Agency takes official notice, Registrant’s 

Georgia medical license expired on 

March 31, 2021, and is currently in a 

‘‘lapsed’’ status.2 Georgia Composite 

Medical Board, https://

gcmb.mylicense.com/verification (last 

visited date of signature of this Order). 

Accordingly, the Agency finds that 

Registrant is not currently licensed to 

engage in the practice of medicine in 

Georgia, the state in which Registrant is 

registered with the DEA. 

Discussion 

Pursuant to 21 U.S.C. 824(a)(3), the 

Attorney General is authorized to 

suspend or revoke a registration issued 

under section 823 of the CSA ‘‘upon a 

finding that the registrant . . . has had 

his State license or registration 

suspended . . . [or] revoked . . . by 

competent State authority and is no 

longer authorized by State law to engage 

in the . . . dispensing of controlled 

substances.’’ With respect to a 

practitioner, the DEA has also long held 

that the possession of authority to 

dispense controlled substances under 

the laws of the state in which a 

practitioner engages in professional 

practice is a fundamental condition for 

obtaining and maintaining a 

practitioner’s registration. See, e.g., 

James L. Hooper, M.D., 76 FR 71,371 

(2011), pet. for rev. denied, 481 F. App’x 

826 (4th Cir. 2012); Frederick Marsh 

Blanton, M.D., 43 FR 27,616, 27,617 

(1978).3

According to Georgia statute, 

‘‘dispense’’ means ‘‘to deliver a 

controlled substance to an ultimate user 

or research subject by or pursuant to the 

lawful order of a practitioner, including 

the prescribing, administering, 

packaging, labeling, or compounding 

necessary to prepare the substance for 

that delivery.’’ Ga. Code Ann. § 16–13– 

21(9) (2022). Further, a ‘‘practitioner’’ 

means a ‘‘physician . . . or other person 

licensed, registered, or otherwise 

authorized under the laws of [Georgia] 

to distribute, dispense, conduct research 

with respect to, or administer a 

controlled substance in the course of 

professional practice or research in 

[Georgia].’’ Id. at § 16–13–21(23)(A). 

Because Registrant is not currently 

licensed as a physician, or otherwise 

licensed in Georgia, he is not authorized 

to dispense controlled substances in 

Georgia. Therefore, Registrant is not 

eligible to maintain a DEA registration. 

Accordingly, the Agency will order that 

Registrant’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 Certificates 

of Registration Nos. FR4795780 and 

FR5759216 issued to Jonathan 

Rosenfield, 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 applications of Jonathan 

Rosenfield, M.D. to renew or modify 

these registrations, as well as any other 

pending application of Jonathan 

Rosenfield, M.D. for additional 

registration in Georgia. This Order is 

effective July 27, 2022. 

Signing Authority 

This document of the Drug 

Enforcement Administration was signed 

on June 21, 2022, by Administrator 

Anne Milgram. That document with the 

original signature and date is 

maintained by DEA. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DEA Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

DEA. This administrative process in no 

way alters the legal effect of this 


jspears on DSK121TN23PROD with NOTICES1
38186 Federal Register / Vol. 87, No. 122 / Monday, June 27, 2022 / Notices 

document upon publication in the 

Federal Register. 

Scott Brinks, 

Federal Register Liaison Officer, Drug 

Enforcement Administration. 

[FR Doc. 2022–13627 Filed 6–24–22; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

[OMB Number 1122–0001] 

Agency Information Collection 

Activities; Proposed eCollection 

eComments Requested; Revision of a 

Currently Approved Collection 

AGENCY: Office on Violence Against 

Women, Department of Justice. 

ACTION: 30-Day notice. 

SUMMARY: The Department of Justice, 

Office on Violence Against Women 

(OVW) will be submitting the following 

information collection request to the 

Office of Management and Budget 

(OMB) for review and approval in 

accordance with the Paperwork 

Reduction Act of 1995. 

DATES: Comments are encouraged and 

will be accepted for 30 days until July 

27, 2022. 

FOR FURTHER INFORMATION CONTACT: 

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. 

SUPPLEMENTARY INFORMATION: Written 

comments and suggestions from the 

public and affected agencies concerning 

the proposed collection of information 

are encouraged. Your comments 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 

agency’s 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: 

Revision of a currently approved 

collection. 

(2) Title of the Form/Collection: 

Certification of Compliance with the 

Statutory Eligibility Requirements of the 

Violence Against Women Act as 

Amended. 

(3) Agency form number, if any, and 

the applicable component of the 

Department of Justice sponsoring the 

collection: Form Number: 1122–0001. 

U.S. Department of Justice, Office on 

Violence Against Women. 

(4) Affected public who will be asked 

or required to respond, as well as a brief 

abstract: The affected public includes 

STOP formula grantees (50 states, the 

District of Columbia and five territories 

(Guam, Puerto Rico, American Samoa, 

Virgin Islands, Northern Mariana 

Islands). The STOP Violence Against 

Women Formula Grant Program was 

authorized through the Violence Against 

Women Act of 1994 and reauthorized 

and amended in 2000, 2005, 2013 and 

2022. The purpose of the STOP Formula 

Grant Program is to promote a 

coordinated, multi-disciplinary 

approach to improving the criminal 

justice system’s response to violence 

against women. It envisions a 

partnership among law enforcement, 

prosecution, courts, and victim 

advocacy organizations to enhance 

victim safety and hold offenders 

accountable for their crimes of violence 

against women. The Department of 

Justice’s Office on Violence Against 

Women (OVW) administers the STOP 

Formula Grant Program funds which 

must be distributed by STOP state 

administrators according to statutory 

formula (as amended in 2000, 2005, 

2013, and 2022). 

OVW is submitting this revision to a 

currently approved collection to reflect 

changes made to the statutorily 

mandated certifications for grantees 

under the STOP Formula Grant 

Program. To be eligible for funds, 

applicants must certify that they are in 

compliance with relevant requirements 

under 28 CFR part 90 and 34 U.S.C 

10441 through 10451. 

The Violence Against Women Act 

Reauthorization Act of 2022, Public Law 

117–103, div. W, 136 Stat. 49, 840–962 

(VAWA 2022), enacted on March 15, 

2022, improves and expands legal tools 

and grant programs addressing domestic 

violence, dating violence, sexual 

assault, and stalking. VAWA 2022 

reauthorized critical grant programs 

created by the original Violence Against 

Women Act and subsequent legislation, 

established new programs, and 

strengthened Federal laws as well as 

adding additional certification 

requirements for the STOP Formula 

Grant Program. 

(5) An estimate of the total number of 

respondents and the amount of time 

estimated for an average respondent to 

respond/reply: It is estimated that it will 

take the approximately 56 respondents 

(state administrators from the STOP 

Formula Grant Program) less than one 

hour to complete a Certification of 

Compliance with the Statutory 

Eligibility Requirements of the Violence 

Against Women Act, as amended. 

(6) An estimate of the total public 

burden (in hours) associated with the 

collection: The total annual hour burden 

to complete the Certification is less than 

56 hours. 

If additional information is required 

contact: Robert Houser, Assistant 

Director, United States Department of 

Justice, Justice Management Division, 

Policy and Planning Staff, Two 

Constitution Square, 145 N Street NE, 

3E, 405B, Washington, DC 20530. 

Dated: June 21, 2022. 

Robert Houser, 

Assistant Director, Policy and Planning Staff, 

U.S. Department of Justice. 

[FR Doc. 2022–13574 Filed 6–24–22; 8:45 am] 

BILLING CODE 4410–FX–P 

DEPARTMENT OF JUSTICE 

[OMB Number 1122–0023] 

Agency Information Collection 

Activities; Proposed eCollection 

eComments Requested; Extension of 

Currently Approved Collection 

AGENCY: Office on Violence Against 

Women, Department of Justice. 

ACTION: 30-Day notice. 

SUMMARY: The Department of Justice, 

Office on Violence Against Women 

(OVW) will be submitting the following 

information collection request to the 

Office of Management and Budget 

(OMB) for review and approval in 

accordance with the Paperwork 

Reduction Act of 1995. 

DATES: Comments are encouraged and 

will be accepted for 30 days until July 

27, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Written comments and 

recommendations for the proposed 

information collection should be sent 


jspears on DSK121TN23PROD with NOTICES1