Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / Notices 30861 

Registration. Gov. Mot. for Summ. Disp., 

Ex. A (letter from Keith Kamita, 

Administrator, Narcotics Enforcement 

Division, Hawaii Dept. of Public Safety 

to Shepard Ginandes, M.D.) Based on 

Administrator Kamita’s letter, I further 

find that Respondent is ‘‘no longer 

authorized to administer, prescribe, 

dispense or posses any controlled 

substance’’ in Hawaii. Id. 

Under the Controlled Substances Act 

(CSA), a practitioner must be currently 

authorized to handle controlled 

substances in ‘‘the jurisdiction in which 

he practices’’ in order to maintain a DEA 

registration. See 21 U.S.C. 802(21) 

(‘‘[t]he term ‘practitioner’ means a 

physician * * * 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’’). See 

also id. § 823(f) (‘‘The Attorney General 

shall register practitioners * * * if the 

applicant is authorized to dispense 

* * * controlled substances under the 

laws of the State in which he 

practices.’’). As these provisions make 

plain, possessing authority under state 

law to handle controlled substances is 

an essential condition for holding a DEA 

registration. 

Accordingly, DEA has held repeatedly 

that the CSA requires the revocation of 

a registration issued to a practitioner 

whose state license has been suspended 

or revoked. David Wang, 72 FR 54297, 

54298 (2007); Sheran Arden Yeates, 71 

FR 39130, 39131 (2006); Dominick A. 

Ricci, 58 FR 51104, 51105 (1993); Bobby 

Watts, 53 FR 11919, 11920 (1988). See 

also 21 U.S.C. 824(a)(3)(authorizing the 

revocation of a registration ‘‘upon a 

finding that the registrant * * * has had 

his State license or registration 

suspended [or] revoked * * * and is no 

longer authorized by State law to engage 

in the * * * distribution [or] dispensing 

of controlled substances’’). 

The record here establishes that the 

Respondent’s State of Hawaii Controlled 

Substances Registration has been 

suspended/revoked by the 

Administrator of the Narcotics 

Enforcement Division, Department of 

Public Safety, State of Hawaii. As the 

Administrator’s letter makes clear, 

Respondent is ‘‘no longer authorized to 

administer, prescribe, dispense or 

posses any controlled substance’’ under 

Hawaii law and thus, he no longer 

meets the requirement for obtaining and 

maintaining a registration under Federal 

law. Because Respondent is not entitled 

to maintain his DEA registration, his 

registration will be revoked and his 

pending application to renew his 

registration will be denied. 

Order 

Pursuant to the authority vested in me 

by 21 U.S.C. 823(f) & 824(a), as well as 

28 CFR 0.100(b) & 0.104, I hereby order 

that DEA Certificate of Registration, 

BG0241024, issued to Shepard 

Ginandes, M.D., be, and it hereby is, 

revoked. I further order that the pending 

application to renew this registration be, 

and it hereby is, denied. This order is 

effective immediately. 

Dated: February 25, 2010. 

Michele M. Leonhart, 

Deputy Administrator. 

[FR Doc. 2010–13144 Filed 6–1–10; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF LABOR 

Wage and Hour Division 

Proposed Extension of the Approval of 

Information Collection Requirements 

AGENCY: Wage and Hour Division, 

Labor. 

ACTION: Notice. 

SUMMARY: The Department of Labor, as 

part of its continuing effort to reduce 

paperwork and respondent burden, 

conducts a preclearance consultation 

program to provide the general public 

and Federal agencies with an 

opportunity to comment on proposed 

and/or continuing collections of 

information in accordance with the 

Paperwork Reduction Act of 1995 

(PRA95). 44 U.S.C. 3506(c)(2)(A). This 

program helps to ensure that 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 on respondents can be 

properly assessed. Currently, the Wage 

and Hour Division is soliciting 

comments concerning its proposal to 

extend Office of Management and 

Budget (OMB) approval of the 

Information Collection: Special 

Employment Under the Fair Labor 

Standards Act (Forms WH–2, WH–46, 

WH–75, WH–200, WH–201, WH–202, 

WH–205, and WH–209). A copy of the 

proposed information collection request 

can be obtained by contacting the office 

listed below in the FOR FURTHER

INFORMATION CONTACT section of this 

Notice. 

DATES: Written comments must be 

submitted to the office listed in the 

ADDRESSES section below on or before 

August 2, 2010. 

ADDRESSES: You may submit comments 

identified by Control Number 1235– 

0001, by either one of the following 

methods: 

E-mail: WHDPRAComments@dol.gov; 

Mail, Hand Delivery, Courier: 

Regulatory Analysis Branch, Wage and 

Hour Division, U.S. Department of 

Labor, Room S–3502, 200 Constitution 

Avenue, NW., Washington, DC 20210. 

Instructions: Please submit one copy 

of your comments by only one method. 

All submissions received must include 

the agency name and Control Number 

identified above for this information 

collection. Because we continue to 

experience delays in receiving mail in 

the Washington, DC area, commenters 

are strongly encouraged to transmit their 

comments electronically via e-mail or to 

submit them by mail early. Comments, 

including any personal information 

provided, become a matter of public 

record. They will also be summarized 

and/or included in the request for OMB 

approval of the information collection 

request. 

FOR FURTHER INFORMATION CONTACT: 

Michel Smyth, Acting Director, Division 

of Interpretations and Regulatory 

Analysis, Wage and Hour Division, U.S. 

Department of Labor, Room S–3502, 200 

Constitution Avenue, NW., Washington, 

DC 20210; telephone: (202) 693–0406 

(this is not a toll-free number). Copies 

of this notice must be obtained in 

alternative formats (Large Print, Braille, 

Audio Tape or Disc), upon request, by 

calling (202) 693–0023 (not a toll-free 

number). TTY/TDD callers may dial 

toll-free (877) 889–5627 to obtain 

information or request materials in 

alternative formats. 

SUPPLEMENTARY INFORMATION: 

I. Background: Fair Labor Standards 

Act (FLSA) section 11(d) authorizes the 

Secretary of Labor to regulate, restrict, 

or prohibit industrial homework as 

necessary to prevent circumvention or 

evasion of the minimum wage 

requirements of the Act. 29 U.S.C. 

211(d). The Department of Labor (DOL) 

restricts homework in seven industries 

(i.e., knitted outerwear, women’s 

apparel, jewelry manufacturing, gloves 

and mittens, button and buckle 

manufacturing, handkerchief 

manufacturing, and embroideries) to 

those employers who obtain certificates. 

See 29 CFR 530.1–.2. The DOL may also 

issue individual certificates in any 

industry for an individual homeworker 

who is unable to leave home because of 

a disability or must remain at home to 

care for an invalid. See 29 CFR 

530.3–.4. The DOL allows employers to 

obtain general (employer) certificates to 

employ homeworkers in all restricted 

industries, except women’s apparel and 

hazardous jewelry manufacturing 


sroberts on DSKD5P82C1PROD with NOTICES
30862 Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / Notices 

operations. See 29 CFR 530.101. 

Consistent with FLSA sections 11(d) 

and 14(c), the Wage and Hour Division 

(WHD) of DOL regulates the 

employment of industrial homeworkers 

and workers with disabilities covered by 

special certificates and governs the 

application and approval process for 

obtaining the certificates. 

The FLSA also requires that the 

Secretary of Labor, to the extent 

necessary to prevent curtailment of 

employment opportunities, provide 

certificates authorizing the employment 

of full-time students at not less than 85 

percent of the applicable minimum 

wage or less than $1.60, whichever is 

higher, in (1) retail or service 

establishments and agriculture (29 

U.S.C. 214(b)(1); 29 CFR 519.1(a)); and 

(2) institutions of higher education (29 

U.S.C. 214(b)(3); 29 CFR 519.11(a)). The 

FLSA and the regulations set forth the 

application requirements as well as the 

terms and conditions for the 

employment of full-time students at 

subminimum wages under certificates 

and temporary authorization to employ 

such students at subminimum wages. 

The subminimum wage programs are 

designed to increase employment 

opportunities for full-time students. 

Regulations issued by the U.S. 

Department of Labor (DOL), Bureau of 

Apprenticeship and Training (BAT) no 

longer permit the payment of 

subminimum wages to apprentices in an 

approved program. 29 CFR 29.5(b)(5). 

The DOL, thus, has issued no apprentice 

certificates since 1987; however, the 

WHD must maintain the information 

collection in order for the agency to 

fulfill its statutory obligation under 

FLSA to maintain this program. In order 

to improve the management of its 

information collections, the DOL is 

proposing to consolidate the 

information collections related to 

special employment under the FLSA 

into a single OMB control number, 

1235–0001. A list of the current control 

numbers appears near the end of this 

Notice. 

II. Review Focus: The DOL is 

particularly interested in comments 

which: 

• 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 submissions 

of responses. 

III. Current Actions: The DOL seeks 

approval for the extension of this 

information collection in order to 

ensure effective administration of 

various special employment programs. 

Type of Review: Extension. 

Agency: Wage and Hour Division. 

Title: Special Employment Under the 

Fair Labor Standards Act. 

OMB Numbers: 1235–0001, 1235– 

0019, 1235–0020, 1235–0022. 

Agency Numbers: Forms WH–2, WH– 

46, WH–75, WH–200, WH–201, WH– 

202, WH–205, WH–209, WH–226, WH– 

226a. 

Affected Public: Businesses or other 

for-profits and non-profits. 

Respondents: 308,055. 

Total Annual Responses: 308,055. 

Estimated Total Burden Hours: 

614,688. 

Estimated Time per Response: 30 to 

60 minutes. 

Frequency: On occasion. 

Total Burden Costs (capital/startup): 

$0. 

Total Burden Costs (operation/ 

maintenance): $1,957.08. 

Dated: May 27, 2010. 

Michel Smyth, 

Acting Director, Division of Interpretations 

and Regulatory Analysis. 

[FR Doc. 2010–13282 Filed 6–1–10; 8:45 am] 

BILLING CODE 4510–27–P 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[Notice (10–062)] 

Notice of Intent To Grant Partially 

Exclusive License 

AGENCY: National Aeronautics and 

Space Administration. 

ACTION: Notice of intent to grant 

partially exclusive license. 

SUMMARY: This notice is issued in 

accordance with 35 U.S.C. 209(c)(1) and 

37 CFR 404.7(a)(1)(i). NASA hereby 

gives notice of its intent to grant a 

partially exclusive license in the United 

States to practice the inventions 

described and claimed in U.S. Patent 

No. 6,918,970 ‘‘High Strength 

Aluminum Alloy for High Temperature 

Applications’’ and Foreign Patent 

Application Serial No. PCT/US/03/ 

10372 ‘‘High Strength Aluminum Alloy 

for High Temperature Applications’’ to 

Twin City Fan Companies Ltd, having 

its principal place of business in 

Minneapolis, MN. The patent rights in 

this invention have been assigned to the 

United States of America as represented 

by the Administrator of the National 

Aeronautics and Space Administration. 

The prospective exclusive license will 

comply with the terms and conditions 

of 35 U.S.C. 209 and 37 CFR 404.7. 

NASA has not yet made a determination 

to grant the requested license and may 

deny the requested license even if no 

objections are submitted within the 

comment period. 

DATES: The prospective exclusive 

license may be granted unless, within 

fifteen (15) days from the date of this 

published notice, NASA receives 

written objections including evidence 

and argument that establish that the 

grant of the license would not be 

consistent with the requirements of 35 

U.S.C. 209 and 37 CFR 404.7. 

Competing applications completed and 

received by NASA within fifteen (15) 

days of the date of this published notice 

will also be treated as objections to the 

grant of the contemplated exclusive 

license. 

Objections submitted in response to 

this notice will not be made available to 

the public for inspection and, to the 

extent permitted by law, will not be 

released under the Freedom of 

Information Act, 5 U.S.C. 552. 

ADDRESSES: Objections relating to the 

prospective license may be submitted to 

Mr. James J. McGroary, Chief Patent 

Counsel/LS01, Marshall Space Flight 

Center, Huntsville, AL 35812, (256) 

544–0013. 

FOR FURTHER INFORMATION CONTACT: 

Sammy A. Nabors, Technology Transfer 

Program Office/ED10, Marshall Space 

Flight Center, Huntsville, AL 35812, 

(256) 544–5226. Information about other 

NASA inventions available for licensing 

can be found online at http:// 

technology.nasa.gov. 

Dated: May 26, 2010. 

Richard W. Sherman, 

Deputy General Counsel. 

[FR Doc. 2010–13242 Filed 6–1–10; 8:45 am] 

BILLING CODE 7510–13–P 


sroberts on DSKD5P82C1PROD with NOTICES