38182 Federal Register / Vol. 87, No. 122 / Monday, June 27, 2022 / Notices 

being published to obtain comments 

from the public and affected agencies. 

DATES: Comments are encouraged and 

will be accepted for 60 days until 

August 26, 2022. 

FOR FURTHER INFORMATION CONTACT: If 

you have additional comments 

regarding the estimated public burden 

or associated response time, 

suggestions, or need a copy of the 

proposed information collection 

instrument with instructions, or 

additional information, contact: Connor 

Brandt, National Firearms Act Division 

either by mail at 244 Needy Road, 

Martinsburg, WV 25405, by email at 

nfaombcomments@atf.gov, or by 

telephone at 304–616–3175. 

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: 

—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; 

—Evaluate whether and, if so, how the 

quality, utility, and clarity of the 

information to be collected can be 

enhanced; 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. 

Overview of This Information 

Collection 

1. Type of Information Collection 

(check justification or form 83): 

Revision of a Currently Approved 

Collection. 

2. The Title of the Form/Collection: 

Application to Make and Register a 

Firearm. 

3. The agency form number, if any, 

and the applicable component of the 

Department sponsoring the collection: 

Form number (if applicable): ATF 

Form 1 (5320.1). 

Component: Bureau of Alcohol, 

Tobacco, Firearms and Explosives, U.S. 

Department of Justice. 

4. Affected public who will be asked 

or required to respond, as well as a brief 

abstract: 

Primary: Individuals or households, 

Business or other for-profit, Federal 

Government, State, Local, or Tribal 

Government. 

Other (if applicable): Not for-profit 

and Farms. 

Abstract: The Application to Make 

and Register a Firearm—ATF Form 1 

(5320.1) must be completed by any 

person, other than a qualified 

manufacturer, who wishes to make and 

register a National Firearms Act (NFA) 

firearm. For any person other than a 

government agency, the making incurs a 

tax of $200. 

5. An estimate of the total number of 

respondents and the amount of time 

estimated for an average respondent to 

respond: An estimated 25,716 

respondents will respond to this 

collection once annually, and it will 

take each respondent approximately 

3.99783 hours to complete their 

responses. 

6. An estimate of the total public 

burden (in hours) associated with the 

collection: The estimated annual public 

burden associated with this collection is 

102,808 hours, which is equal to 25,716 

(total respondents) * 1 (# of response 

per respondent) * 3.99783 hours (239.9 

minutes or the time taken to prepare 

each response). 

If additional information is required 

contact: Robert Houser, Assistant 

Director, Policy and Planning Staff, 

Office of the Chief Information Officer, 

United States Department of Justice, 

Justice Management Division, Two 

Constitution Square, 145 N Street NE, 

Mail Stop 3.E–206, Washington, DC 

20530. 

Dated: June 21, 2022. 

Robert Houser, 

Assistant Director, Policy and Planning Staff, 

U.S. Department of Justice. 

[FR Doc. 2022–13596 Filed 6–24–22; 8:45 am] 

BILLING CODE 4410–FY–P 

DEPARTMENT OF JUSTICE 

Bureau of Alcohol, Tobacco, Firearms 

and Explosives 

[OMB 1140–0006] 

Agency Information Collection 

Activities; Proposed eCollection of 

eComments Requested; Application 

and Permit for Importation of Firearms, 

Ammunition and Defense Articles— 

ATF Form 6—Part II (5330.3B) 

AGENCY: Bureau of Alcohol, Tobacco, 

Firearms and Explosives, Department of 

Justice. 

ACTION: 60-Day notice. 

SUMMARY: The Bureau of Alcohol, 

Tobacco, Firearms and Explosives 

(ATF), Department of Justice (DOJ), will 

submit 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. 

The proposed collection OMB 1140– 

0036 (Application and Permit for 

Importation of Firearms, Ammunition 

and Defense Articles—ATF Form 6— 

Part II (5330.3B)) is being revised to 

include a Continuation Sheet, so that 

additional firearms can be listed on the 

same permit application. The proposed 

information collection is also being 

published to obtain comments from the 

public and affected agencies. 

DATES: Comments are encouraged and 

will be accepted for 60 days until 

August 26, 2022. 

FOR FURTHER INFORMATION CONTACT: If 

you have additional comments 

regarding the estimated public burden 

or associated response time, 

suggestions, or need a copy of the 

proposed information collection 

instrument with instructions, or 

additional information, contact: Corey 

Bodencak, Office 1350/Imports Branch/ 

FESD, by mail at 244 Needy Road, 

Martinsburg, WV 25405, by email at 

Corey.Bodencak@atf.gov, or by 

telephone at 304–616–4558. 

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: 

—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; 

—Evaluate whether and, if so, how the 

quality, utility, and clarity of the 

information to be collected can be 

enhanced; 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. 


jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 122 / Monday, June 27, 2022 / Notices 38183 

1Based on the affidavit of a DEA Diversion 

Investigator that the Government submitted with 

the RFAA, the Agency finds that the Government’s 

attempts to serve Registrant with the OSC were 

adequate. RFAA Exhibit B. Further, based on the 

assertions of the Government, the Agency finds that 

more than thirty days have passed and Registrant 

has not requested a hearing, submitted a written 

statement or corrective action plan and therefore 

has waived any such rights. 21 CFR 1301.43(d) and 

21 U.S.C. 824(c)(2)(C). RFAA, at 2. 

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, 

Respondent may dispute the Agency’s finding 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 at 71, 371–72; 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. 

Overview of This Information 

Collection 

1. Type of Information Collection 

(check justification or form 83): 

Revision of a Currently Approved 

Collection. 

2. The Title of the Form/Collection: 

Application and Permit for Importation 

of Firearms, Ammunition and Defense 

Articles. 

3. The agency form number, if any, 

and the applicable component of the 

Department sponsoring the collection: 

Form number (if applicable): ATF 

Form 6—Part II (5330.3B). 

Component: Bureau of Alcohol, 

Tobacco, Firearms and Explosives, U.S. 

Department of Justice. 

4. Affected public who will be asked 

or required to respond, as well as a brief 

abstract: 

Primary: Business or other for-profit. 

Other (if applicable): Individuals or 

households. 

Abstract: The information collected 

on the Application and Permit for 

Importation of Firearms, Ammunition 

and Defense Articles—ATF Form 6— 

Part II (5330.3B) is used to determine if 

the article(s) described in the 

application qualifies for importation by 

the importer, and also serves as 

authorization for the importer. 

5. An estimate of the total number of 

respondents and the amount of time 

estimated for an average respondent to 

respond: An estimated 400 respondents 

will respond to this collection once 

annually, and it will take each 

respondent approximately 30 minutes to 

complete their responses. 

6. An estimate of the total public 

burden (in hours) associated with the 

collection: The estimated annual public 

burden associated with this collection is 

200 hours, which is equal to 400 (total 

respondents) * 1 (# of response per 

respondent) * .5 (30 minutes or the time 

taken to prepare each response). 

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, 

Mail Stop 3.E–405A, Washington, DC 

20530. 

Robert Houser, 

Assistant Director, Policy and Planning Staff, 

U.S. Department of Justice. 

[FR Doc. 2022–13604 Filed 6–24–22; 8:45 am] 

BILLING CODE 4410–FY–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

Julie Halling, M.D.; Decision and Order 

On November 4, 2021, the Drug 

Enforcement Administration 

(hereinafter, DEA or Government), 

issued an Order to Show Cause (OSC) to 

Julie Halling, M.D. (hereinafter, 

Registrant). OSC, at 1. The OSC 

proposed the revocation of Registrant’s 

Certificate of Registration, No. 

BH6450174, at the registered address of 

5102 Galley Road, Lot 304C, Colorado 

Springs, Colorado. The OSC alleged that 

Registrant’s registration should be 

revoked because Registrant is without 

‘‘authority to handle controlled 

substances in the state in which 

[Registrant is] registered with the DEA.’’ 

Id. (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 a Request for Final 

Agency Action (RFAA) on May 16, 

2022.1

Findings of Fact 

On February 29, 2021, the Colorado 

Medical Board issued a Final Board 

Order that revoked Registrant’s license 

to practice medicine in the State of 

Colorado. RFAA Exhibit 2, App.1 (Final 

Board Order). According to Colorado’s 

online records, of which the Agency 

takes official notice, Registrant’s license 

is still revoked.2 Colorado Professional 

or Business License Lookup, https://

apps.colorado.gov/dora/licensing/ 

Lookup/LicenseLookup.aspx (last 

visited date of signature of this Order). 

Accordingly, the Agency finds that 

Registrant currently is not licensed to 

engage in the practice of medicine in 

Colorado, 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 Controlled 

Substances Act (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.3 See, e.g., 

James L. Hooper, M.D., 76 FR 71371 

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

826 (4th Cir. 2012); Frederick Marsh 

Blanton, M.D., 43 FR 27616, 27617 

(1978). 

According to Colorado statute, 

‘‘[e]very person who manufactures, 

distributes, or dispenses any controlled 

substance within this state . . . shall 

obtain . . . a registration, issued by the 

respective licensing board . . . . For 

purposes of this section and this article 

[ ], ‘registration’ or ‘registered’ means 

. . . the licensing of physicians by the 

Colorado medical board . . . .’’ Colo. 

Rev. Stat. Ann. § 18–18–302(1) (West 

2019). Here, the undisputed evidence in 

the record is that Registrant’s Colorado 

medical license was revoked by the 

Colorado Medical Board. Registrant, 

therefore, is not authorized to dispense 


jspears on DSK121TN23PROD with NOTICES1