60-day preclearance Federal Register Notice

Federal Register / Vol. 78, No. 150 / Monday, August 5, 2013 / Notices

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2016. During his probationary period,
any relapse will be detected because of
the drug screens and the requirement for
the Respondent to disclose any
violations of his HPP contract to the
Board. Second, the DEA can further
restrict his registration to the
prescribing of controlled substances
only, and to prohibit his prescribing to
himself or to any other family member.
Lastly, the situation that led to his
addiction no longer exists. The
Respondent has completed his
residency program and has been drug
free since October 5, 2010. These factors
are also appropriate to consider when
determining the appropriate use of the
Administrator’s discretion in this
matter. See Martha Hernandez, M.D., 62
FR 61,145 (DEA 1997) (holding that, in
exercising his discretion in determining
the appropriate remedy, the
Administrator should consider all of the
facts and circumstances of a particular
case).
V. Conclusion and Recommendation
Therefore, I conclude that the DEA
has met its burden of proof and has
established that grounds exist for
revoking the Respondent’s DEA
registration. I do not condone nor
minimize the seriousness of the
Respondent’s misconduct. However,
based on this record, I recommend that
the Respondent be afforded an
opportunity to demonstrate that he can
responsibly handle controlled substance
prescriptions by the granting of a
restricted registration. See Cecil E.
Oakes, Jr., M.D., 63 FR 11,907, 11,910
(DEA 1998) (‘‘Such a resolution will
provide Respondent with the
opportunity to demonstrate that he can
responsibly handle controlled
substances, while at the same time
protect the public health and safety, by
providing a mechanism for rapid
detection of any improper activity.’’).
Based on this record and the
Respondent’s actions since December of
2010, I recommend to the
Administrator 3 that the Respondent be
granted a conditional DEA registration.
I suggest that the conditions include:
that the registration restricts his
handling of controlled substances to
merely prescribing and not storing or
dispensing such drugs and that he be
prohibited from prescribing controlled
substances to himself or any family
member. Further, I recommend that the
Respondent be ordered to continue with
his agreement with the Oklahoma HPP
and to notify the DEA should a relapse
3 The Administrator has the authority to make
such a determination pursuant to 28 CFR 0.100(b)
(2011).

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or any positive urinalysis result. I
recommend these restrictions apply for
three years from the date of the final
order so directing this result. In this
way, the Respondent may safely
continue his return to the full practice
of medicine, and the DEA can assure
itself of the Respondent’s compliance
with DEA regulations and of the
protection of the public interest.
Dated: March 26, 2012.
Gail A. Randall,
Administrative Law Judge.
[FR Doc. 2013–18712 Filed 8–2–13; 8:45 am]
BILLING CODE 4410–09–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2009–0022]

Requirements for the OSHA Training
Institute Education Centers Program
and the OSHA Outreach Training
Program; Requesting the Office of
Management and Budget’s (OMB)
Approval of Information Collection
(Paperwork) Requirements
Occupational Safety and Health
Administration (OSHA), U.S.
Department of Labor.
ACTION: Request for public comments.
AGENCY:

OSHA solicits comments
concerning its proposal to obtain OMB
approval of the information collection
requirements contained in the OSHA
Training Institute Education Centers
Program and the OSHA Outreach
Training Program.
DATES: Comments must be submitted
(postmarked, sent, or received) by
October 4, 2013.
ADDRESSES: Electronically: You may
submit comments and attachments
electronically at http://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for submitting
comments.
Facsimile: If your comments,
including attachments, are not longer
than ten (10) pages, you may fax them
to the OSHA Docket Office at (202) 693–
1648.
Mail, hand delivery, express mail,
messenger, or courier service: When
using this method, you must submit a
copy of your comments and attachments
to the OSHA Docket Office, Docket No.
OSHA–2009–0022, U.S. Department of
Labor, Occupational Safety and Health
Administration, Room N–2625, 200
Constitution Avenue NW., Washington,
DC 20210. Deliveries (hand, express
SUMMARY:

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mail, messenger, and courier service)
are accepted during the Department of
Labor’s and Docket Office’s normal
business hours, 8:15 a.m. to 4:45 p.m.,
e.t.
Instructions: All submissions must
include the Agency name and OSHA
docket number for the Information
Collection Request (ICR) (OSHA–2009–
0022). All comments, including any
personal information you provide, are
placed in the public docket without
change, and may be made available
online at http://www.regulations.gov.
For further information on submitting
comments see the ‘‘Public
Participation’’ heading in the section of
this notice titled SUPPLEMENTARY
INFORMATION.
Docket: To read or download
comments or other material in the
docket, go to http://www.regulations.gov
or the OSHA Docket Office at the
address above. All documents in the
docket (including this Federal Register
notice) are listed in the http://
www.regulations.gov index; however,
some information (e.g., copyrighted
material) is not publicly available to
read or download through the Web site.
All submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
You may contact Jim Barnes, Director,
Office of Training and Educational
Programs, or Kimberly Mason, OSHA
Training Institute Education Centers
Program at the address below to obtain
a copy of the ICR.
FOR FURTHER INFORMATION CONTACT: Jim
Barnes, Director, Office of Training and
Educational Programs, or Kimberly
Mason, OSHA Training Institute
Education Centers Program, Directorate
of Training and Education, OSHA, U.S.
Department of Labor, 2020 S Arlington
Heights Rd., Arlington Heights, IL.
60005–4102; Phone: (847) 759–7781.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Labor, as part of its
continuing effort to reduce paperwork
and respondent (i.e., employer) burden,
conducts a preclearance consultation
program to provide the public with an
opportunity to comment on proposed
and continuing information collection
requirements in accordance with the
Paperwork Reduction Act of 1995
(PRA–95) (44 U.S.C. 3506(c)(2)(A)).
This program ensures that
information is in the desired format,
reporting burden (time and costs) is
minimal, collection instruments are
clearly understood, and OSHA’s
estimate of the information collection
burden is accurate. Consistent with the

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Federal Register / Vol. 78, No. 150 / Monday, August 5, 2013 / Notices

authority of Section 21 of the OSH Act,
the Agency created two educational
programs, the OSHA Training Institute
(OTI) Education Centers Program and
the OSHA Outreach Training Program
(Outreach).
To be a participant in the OTI
Education Centers Programs or the
Outreach Training Program, an
individual/organization must provide
the Agency with certain information.
The requested information is necessary
to evaluate the applicant organization
and to implement, oversee, and monitor
the OTI Education Centers and Outreach
Training Programs, courses and trainers.
The 11 collection of information
requirements are listed below.
A. Application to become an OSHA
Training Institute Education Center (OTI
Education Center);
B. OTI Education Centers Monthly
Summary Report for the OTI Education
Centers and the Outreach Training Program
Monthly Summary Report;
C. Statement of Compliance With Outreach
Training Program Requirements;
D. Outreach Training Program Report
Forms (includes Construction, General
Industry, Maritime, and Disaster Site);
E. Online Outreach Training Program
Report;
F. Active Trainer List;
G. OSHA Training Institute Student Survey
(OSHA Form 49 11–05 Edition) (OMB 1225–
0059) (Attachment I, OSHA Form 49 11–05
Edition).
H. Attendance Documentation for OTI
Education Centers;
I. Outreach Online Training Certification
Statement
J. Instructor and Staff Resumes (this
include anyone who may be assigned to
conduct OSHA classes, contractor,
subcontractor, employee, adjunct professor,
etc.;
K. Course Material upon Request by OSHA
from OTI Education Centers;

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II. Special Issues for Comment
OSHA has a particular interest in
comments on the following issues:
• Whether the proposed information
collection requirements are necessary
for the proper performance of the
Agency’s functions, including whether
the information is useful;
• The accuracy of OSHA’s estimate of
the burden (time and costs) of the
information collection requirements,
including the validity of the
methodology and assumptions used;
• The quality, utility, and clarity of
the information collected; and
• Ways to minimize the burden on
employers who must comply; for
example, by using automated or other
technological information collection
and transmission techniques.

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III. Proposed Actions
OSHA is requesting a 4,059 hour
burden hour adjustment increase as a
result of increasing the number of
courses offered, the number of students
attending these two educational
programs; and, in turn, the information
OSHA needs to adequately monitor the
programs. OSHA has identified a set of
collections of information necessary for
operating the Agency’s two education
programs, the OSHA Training Institute
(OTI) Education Centers Program and
OSHA Outreach Training Program. The
OTI Education Centers are non-profit
organizations that provide training at
their location. The Outreach Training
Program trains individuals who become
authorized to train other individuals.
The trainers determine when and where
training sessions will be held.
The Agency will summarize
comments submitted in response to this
notice and will include this summary in
the request to OMB.
Type of Review: Extension of a
previously approved collection.
Title: OSHA Training Institute (OTI)
Education Centers Program, and OSHA
Outreach Training Program Data
Collection
OMB Control Number: 1218–0262.
Affected Public: Business or other forprofits; not-for-profit institutions;
Federal government; State, local and
tribal governments.
Number of Respondents: 385.
Frequency: On occasion.
Total Responses: 48,329.
Average Time per Response: Ranges
from 5 minutes for OTI Education
Centers to provide a list of outreach
trainers to OSHA to 60 hours for a notfor-profit institution to prepare and
submit an application to become an OTI
Education Center.
Estimated Total: Burden hours:
14,292.
Estimated Cost (Operation and
Maintenance): $0.
IV. Public Participation—Submission of
Comments on this Notice and Internet
Access to Comments and Submissions
You may submit comments in
response to this document as follows:
(1) Electronically at http://
www.regulations.gov, which is the
Federal eRulemaking Portal; (2) by
facsimile (fax); or (3) by hard copy. All
comments, attachments, and other
material must identify the Agency name
and the OSHA docket number for the
ICR (Docket No. OSHA–2009–0022).
You may supplement electronic
submissions by uploading document
files electronically. If you wish to mail
additional materials in reference to an

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electronic or facsimile submission, you
must submit them to the OSHA Docket
Office (see the section of this notice
titled ADDRESSES). The additional
materials must clearly identify your
electronic comments by your name,
date, and the docket number so the
Agency can attach them to your
comments.
Because of security procedures, the
use of regular mail may cause a
significant delay in the receipt of
comments. For information about
security procedures concerning the
delivery of materials by hand, express
delivery, messenger, or courier service,
please contact the OSHA Docket Office
at (202) 693–2350, TTY (877) 889–5627.
Comments and submissions are
posted without change at http://
www.regulations.gov. Therefore, OSHA
cautions commenters about submitting
personal information such as social
security numbers and dates of birth.
Although all submissions are listed in
the http://www.regulations.gov index,
some information (e.g., copyrighted
material) is not publicly available to
read or download through this Web site.
All submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
Information on using the http://
www.regulations.gov Web site to submit
comments and access the docket is
available at the Web site’s ‘‘User Tips’’
link. Contact the OSHA Docket Office
for information about materials not
available through the Web site, and for
assistance in using the Internet to locate
docket submissions.
V. Authority and Signature
David Michaels, Ph.D., MPH,
Assistant Secretary of Labor for
Occupational Safety and Health,
directed the preparation of this notice.
The authority for this notice is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3506 et seq.) and Secretary of
Labor’s Order No. 1–2012 (77 FR 3912).
Signed at Washington, DC, on July 31,
2013.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2013–18807 Filed 8–2–13; 8:45 am]
BILLING CODE 4510–26–P

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