37612 Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Notices 

3 Dentistry and the practice of dentistry are 

addressed in Cal. Bus & Prof. Code § 1625 which 

states, among other things, that dentistry is the 

diagnosis or treatment of diseases and may include 

the use of ‘‘drugs.’’ 

4A physician, surgeon, dentist, veterinarian, 

naturopathic doctor . . ., podiatrist, or pharmacist 

. . ., or registered nurse . . ., or physician assistant 

. . ., or an optometrist . . . may prescribe for, 

furnish to, or administer controlled substances to 

his or her patient when the patient is suffering from 

a disease, ailment, injury, or infirmities attendant 

upon old age, other than addiction to a controlled 

substance. Cal. Health & Safety Code § 11210 

(2017). 

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, 76 FR 71,371 (2011), 

pet. for rev. denied, 481 Fed. Appx. 826 

(4th Cir. 2012); Frederick Marsh 

Blanton, 43 FR 27,616 (1978). 

This rule derives from the text of two 

provisions of the CSA. First, Congress 

defined the term ‘‘ ‘practitioner’ [to] 

mean[ ] a . . . physician, dentist, . . . 

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., Hooper, 76 FR at 71,371–72; Sheran 

Arden Yeates, 71 FR 39,130, 39,131 

(2006); Dominick A. Ricci, 58 FR 51,104, 

51,105 (1993); Bobby Watts, 53 FR 

11,919, 11,920 (1988); Blanton, 43 FR at 

27,616. 

Under California law, section 1626 of 

the Business and Professions Code 

provides that ‘‘[i]t is unlawful for any 

person to engage in the practice of 

dentistry in the state . . . unless the 

person has a valid, unexpired license or 

special permit from the Board.’’ Cal. 

Bus. & Prof. Code § 1626 (2017).3

Further, section 11210 of the California 

Health and Safety Code sets out who 

may lawfully prescribe controlled 

substances in California other than for 

the treatment of addicts. California 

licensed dentists are among those lawful 

prescribers.4 See Cal. Bus. & Prof. Code 

§ 11024 (2017). 

In this case, pursuant to the DBC 

Stipulated Surrender of License and 

Order, Registrant has lost all rights and 

privileges as a dentist in California. 

Supra. Consequently, under California 

law, Registrant is not currently 

authorized to handle controlled 

substances in that State. Supra. I, 

therefore, conclude that the record 

supports the revocation of Registrant’s 

registration because he does not possess 

authority to dispense controlled 

substances under the laws of California, 

the State in which he is registered. 21 

U.S.C. 824(a)(3). Thus, I find that 

Registrant is not entitled to maintain his 

DEA registration. Blanton, supra. 

Accordingly, I will order that his 

registration be revoked and that any 

pending application for the renewal or 

modification of his registration be 

denied. Id. 

Order 

Pursuant to the authority vested in me 

by 21 U.S.C. 824(a), as well as 28 CFR 

0.100(b), I order that DEA Certificate of 

Registration AG1976971 issued to Luis 

C B Gomez, D.D.S., be, and it hereby is, 

revoked. I further order that any 

pending application of Luis C B Gomez, 

D.D.S., to renew or modify this 

registration, as well as any other 

pending application by him for 

registration in the State of California, be, 

and it hereby is, denied. This order is 

effective September 11, 2017. 

Dated: August 2, 2017. 

Chuck Rosenberg, 

Acting Administrator. 

[FR Doc. 2017–17011 Filed 8–10–17; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

Federal Bureau of Investigation 

[OMB Number 1110–NEW] 

Agency Information Collection 

Activities; Proposed eCollection 

eComments Requested; Existing 

Collection in Use Without OMB Control 

Number Address Verification/Change 

Request Form (1–797) 

AGENCY: Criminal Justice Information 

Services Division, Department of 

Justice. 

ACTION: 30-Day notice. 

SUMMARY: Department of Justice (DOJ), 

Federal Bureau of Investigation, 

Criminal Justice Information Services 

Division 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. This proposed 

information collection was previously 

published in the Federal Register on 

March 16, 2017 allowing for a 60 day 

comment period. 

DATES: Comments are encourages and 

will be accepted for an additional 30 

day until September 11, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Written comments and/or suggestions 

regarding the items contained in this 

notice, especially the estimated public 

burden and associated response time, 

should be directed to Gerry Lynn 

Brovey, Supervisory Information 

Liaison Specialist, Federal Bureau of 

Investigation, Criminal Justice 

Information Services Division, 1000 

Custer Hollow Road; Clarksburg, WV 

26306; phone: 304–625–4320 or email 

glbrovey@ic.fbi.gov. Written comments 

and/or suggestions can also be sent to 

the Office of Management and Budget, 

Office of Information and Regulatory 

Affairs, Attention Department of Justice 

Desk Officer, Washington, DC 20503 or 

sent to OIRA_submissions@

omb.eop.gov. 

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 agencies 

estimate of the burden of the 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Notices 37613 

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. 

Overview of This Information 

Collection 

(1) Type of Information Collection: 

Existing collection in use without OMB 

approval. 

(2) Title of the Form/Collection: 

Address Verification/Change Request 

Form (1–797). 

(3) Agency form number, if any, and 

the applicable component of the 

Department sponsoring the collection: 

Agency form number: 1–797. 

Sponsoring component: Department of 

Justice, Federal Bureau of Investigation, 

Criminal Justice Information Services 

Division. 

(4) Affected public who will be asked 

or required to respond, as well as a brief 

abstract: Primary: Individuals or 

households. The form can be used by 

any requester who wishes to correct or 

verify the address submitted on their 

Departmental Order 556–73 request. 

(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 720 

respondents will complete each form 

within approximately 2 minutes. 

(6) An estimate of the total public 

burden (in hours) associated with the 

collection: There are an estimated 24 

total annual burden hours associated 

with this collection. 

If additional information is required 

contact: Melody Braswell, Department 

Clearance Officer, United States 

Department of Justice, Justice 

Management Division, Policy and 

Planning Staff, Two Constitution 

Square, 145 N Street NE., Suite 3E.405B, 

Washington, DC 20530. 

Dated: August 8, 2017. 

Melody Braswell, 

Department Clearance Officer, PRA, U.S. 

Department of Justice. 

[FR Doc. 2017–16969 Filed 8–10–17; 8:45 am] 

BILLING CODE 4410–14–P 

DEPARTMENT OF JUSTICE 

[OMB Number 1117–0003] 

Agency Information Collection 

Activities; Proposed eCollection, 

eComments Requested; Extension 

Without Change of a Previously 

Approved Collection ARCOS 

Transaction Reporting; DEA Form 333 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: 60-Day notice. 

SUMMARY: The Department of Justice 

(DOJ), Drug Enforcement 

Administration (DEA), 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 60 days until 

October 10, 2017. 

FOR FURTHER INFORMATION CONTACT: If 

you have comments on the estimated 

public burden or associated response 

time, suggestions, or need a copy of the 

proposed information collection 

instrument with instructions or 

additional information, please contact 

Michael J. Lewis, Diversion Control 

Division, Drug Enforcement 

Administration; Mailing Address: 8701 

Morrissette Drive, Springfield, Virginia 

22152; Telephone: (202) 598–6812. 

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 proposed 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 forms of 

information technology, e.g., 

permitting electronic submission of 

responses. 

Overview of This Information 

Collection 

1. Type of Information Collection: 

Extension of a currently approved 

collection. 

2. Title of the Form/Collection: 

ARCOS Transaction Reporting. 

3. The agency form number, if any, 

and the applicable component of the 

Department sponsoring the collection: 

DEA Form 333. The applicable 

component within the Department of 

Justice is the Drug Enforcement 

Administration, Diversion Control 

Division. 

4. Affected public who will be asked 

or required to respond, as well as a brief 

abstract: 

Affected public: Business or other forprofit. 

Abstract: Section 307 of the 

Controlled Substances Act (21 U.S.C. 

827) requires controlled substance 

manufacturers and distributors to make 

periodic reports to the DEA regarding 

the sale, delivery, and other disposal of 

certain controlled substances. These 

reports help ensure a closed system of 

distribution for controlled substances, 

and are used to comply with 

international treaty obligations. 

5. An estimate of the total number of 

respondents and the amount of time 

estimated for an average respondent to 

respond: The below table presents 

information regarding the number of 

respondents, responses and associated 

burden hours. 

Number of 

annual 

respondents 

Number of 

annual 

responses 

Average 

time per 

response 

(hours) 

Total annual 

hours 

DEA–333 (paper) ........................................................................ 70 379 1 ......................................... 379 

DEA–333 (electronic) .................................................................. 1,552 11,777 0.1667 (10 minutes) ........... 1,963 

Total ..................................................................................... 1,622 12,156 ............................................. 2,342 


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