Agency Information Collection Activities: Extension of a Currently Approved Collection; Comment Request, 35711-35712 [06-5564]
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Federal Register / Vol. 71, No. 119 / Wednesday, June 21, 2006 / Notices
application for a registration be denied.’’
Id. See also Energy Outlet, 64 FR 14,269
(1999). In this case, I have concluded
that factors one, two and five are
dispositive and support the revocation
of Respondent’s registration.
jlentini on PROD1PC65 with NOTICES
Factor One—Maintenance of Effective
Controls
I conclude that Respondent does not
maintain effective controls against
diversion. Respondent’s storage of its
List I chemical products in two minivans is clearly inadequate to protect
against diversion. DEA’s regulations
clearly contemplate that List 1
chemicals be stored in a secure premises
and not in motor vehicles unless in
transit. See 21 CFR 1309.71(b) (directing
DEA to consider ‘‘[t]he location of the
premises,’’ and ‘‘[t]he type of building
construction comprising the facility and
the general characteristics of the
building or buildings’’).
While the DIs were correct to note
that the vehicles did not have alarms,
even if Respondent’s vehicles had
alarms, they would not comply with the
regulations. A thief can steal a vehicle
in far less time than it takes to break into
a properly secured and alarmed
premises. Moreover, a thief stealing a
van holding listed chemicals does not
have to load the goods into the getaway
vehicle. Storage of listed chemicals in a
van plainly creates an unacceptable risk
of diversion.
The shortages that were found during
the audit further support the conclusion
that Respondent does not maintain
effective controls against diversion. The
shortages uncovered in the audit were
substantial given that the audit only
covered a period of two months. I need
not find that diversion was the cause of
the shortages to conclude that
Respondent does not maintain effective
controls against diversion.
Furthermore, Respondent’s sales
records did not contain the addresses of
its purchasers. Such information is
essential for DEA and local authorities
to effectively investigate whether
purchasers are conducting a legitimate
business or whether diversion is
occurring. I thus conclude that factor
one weighs heavily against
Respondent’s continued registration.
Factor 2—Compliance With Applicable
Law
As stated above, Respondent’s use of
mini-vans to store List I chemicals does
not comply with the physical security
regulations. Moreover, Respondent
failed to properly maintain sales records
because its invoices did not contain
product names and the addresses of the
purchasers. See 21 CFR 1310.03 and
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18:26 Jun 20, 2006
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1310.06. Finally, Respondent engaged in
the distribution of pseudoephedrine
notwithstanding that its registration did
not give it authority to distribute the
chemical. See 21 CFR 1309.21(a)
(requiring registration ‘‘specific to the
List I chemicals to be handled’’). I thus
conclude that this factor weighs against
Respondent’s continued registration.
Factor 3—The Registrant’s Prior
Conviction Record
There is no evidence in the
investigative file establishing that
Respondent has been convicted of a
drug-related criminal offense. I thus find
that this factor weighs in favor of
continued registration. I conclude,
however, that this factor is entitled to
little weight as it is reasonable to expect
that DEA registrants not have a drugrelated criminal record.
Factor 4—The Registrant’s Past
Experience in Distributing List I
Chemicals
The record indicates that Respondent
has held a registration to distribute List
I chemicals since 1998. But in light of
the findings discussed above, it appears
that Respondent has been improperly
storing and distributing List I chemicals
in violation of DEA’s regulations for a
substantial period of time. I thus decline
to give Respondent’s experience any
weight in this determination.
Factor 5—Such Other Factors As Are
Relevant to and Consistent With the
Public Health and Safety
According to the investigative file,
Respondent distributes List 1 chemicals
solely to convenience stores and gas
stations in Western Tennessee, a State
which at the time these proceedings
were initiated had a severe problem
with methamphetamine abuse. As noted
above, Tennessee recently enacted the
Meth-Free Tennessee Act of 2005. See
also Joy’s Ideas, 70 FR at 33199. One of
the Act’s provisions requires that ‘‘any
product that contains any immediate
methamphetamine precursor may be
dispensed only by a licensed
pharmacy.’’ Tenn. St. § 39–17–431(a).
While the Act exempts from this
requirement those products containing
methamphetamine precursors ‘‘not in a
form that can be used in the
manufacture of methamphetamine,’’ id.
§ 39–17–431(b)(1), none of the
ephedrine products which Respondent
distributed under his DEA registration
are exempt. See id. § 39–17–431(b)(3)
(exempting gel capsules and liquid
preparations).
Respondent, however, does not have
any licensed pharmacies as customers,
and therefore, Respondent would
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35711
violate state law were it to distribute
ephedrine products to its existing
customers. In prior orders, I have noted
the important role of the States in
combating the illicit manufacture of
methamphetamine. See, e.g., Joy’s Ideas,
70 FR at 33198 (discussing Oklahoma
and Tennessee legislation). Where, as
here, state efforts are fully consistent
with federal policy, it is appropriate to
give them due weight in determining
whether continuing a registration would
be consistent with public health and
safety.1 It would be manifestly
inconsistent with public health and
safety to continue Respondent’s
registration in light of the provisions of
Tennessee law. See id. at 33199. I
therefore conclude that factor five
weighs in favor of revocation. Having
considered all of the statutory factors, I
conclude that the continuance of
Respondent’s registration would be
inconsistent with the public interest.
Order
Accordingly, pursuant to the
authority vested in me by 21 U.S.C. 823
and 824, and 28 CFR 0.100(b) and 0.104,
I hereby order that DEA Certificate of
Registration, 002748MMY, issued to
McBride Marketing, be, and it hereby is,
revoked. I further order that any
pending applications for renewal or
modification of such registration be, and
they hereby are, denied. This order is
effective July 21, 2006.
Dated: June 12, 2006.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. E6–9707 Filed 6–20–06; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Office of Justice Programs
Office of Juvenile Justice and
Delinquency Prevention
Agency Information Collection
Activities: Extension of a Currently
Approved Collection; Comment
Request
30-day notice of information
collection under review: National Crime
Victimization Survey (NCVS).
ACTION:
The U.S. Department of Justice (DOJ),
Office of Justice Programs (OJP) has
submitted the following information
1 I do not consider the relationship of Tennessee
law under factor two because at the time of the
investigation, the statute had not been enacted.
Moreover, there is no evidence in the investigative
file establishing that Respondent subsequently
violated state law.
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jlentini on PROD1PC65 with NOTICES
35712
Federal Register / Vol. 71, No. 119 / Wednesday, June 21, 2006 / Notices
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 information collection is
published to obtain comments from the
public and affected agencies. This
proposed information collection was
previously published in the Federal
Register, Volume 71, Number 54, page
14252, on March 21, 2006 allowing for
a 60-day comment period.
The purpose of this notice is to allow
for an additional 30 days for public
comment until July 21, 2006. This
process is conducted in accordance with
5 CFR 1320.10.
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 the Office of
Management and Budget, Office of
Information and Regulatory Affairs,
Attention: Department of Justice Desk
Officer, Washington, DC 20503.
Additionally, comments may be
submitted to OMB via facsimile to (202)
395–5806. 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;
—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 informaton 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:
National Crime Victimization Survey.
(3) Agency form number, if any, and
the applicable component of the
Department sponsoring the collection:
VerDate Aug<31>2005
18:26 Jun 20, 2006
Jkt 208001
NCVS–110, NCVS–554, NCVS–554(SP),
NCVS–572(L), NCVS–573(L), NCVS–
592(L), NCVS–593(L), NCVS–592(L) SP/
KOR/CHIN(T), CHIN(M), VIET.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Persons 12 years or
older living in NCVS sampled
households located throughout the
United States. The National Crime
Victimization Survey (NCVS) collects,
analyzes, publishes, and disseminates
statistics on the criminal victimization
in the U.S.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond/reply: An estimate of the total
number of respondents is 77,100. It will
take the average interviewed respondent
an estimated 23 minutes to respond, the
average non-interviewed respondent an
estimated 7 minutes to respond, the
estimated average follow-up interview is
12 minutes, and the estimated average
follow-up for a non-interview is 1
minute.
(6) An estimate of the total public
burden (in hours) associated with the
collection: The total respondent burden
is approximately 62,620 hours.
If additional information is required,
contact Robert B. Briggs, Department
Clearance Officer, United States
Department of Justice, Justice
Management Division, Policy and
Planning Staff, Patrick Henry Building,
Suite 1600, 601 D Street, NW.,
Washington, DC 20530.
Dated: June 15, 2006.
Robert B. Briggs,
Department Clearance Officer, Department of
Justice.
[FR Doc. 06–5564 Filed 6–20–06; 8:45 am]
BILLING CODE 4410–18–M
DEPARTMENT OF LABOR
Office of the Secretary
Submission for OMB Review:
Comment Request
June 15, 2006.
The Department of Labor (DOL) has
submitted the following public
information collection request (ICR) to
the Office of Management and Budget
(OMB) for review and approval in
accordance with the Paperwork
Reduction Act of 1995 (Pub. L. 104–13,
44 U.S.C. Chapter 35). A copy of this
ICR, with applicable supporting
documentation, may be obtained by
contacting Ira Mills at the Department of
Labor on 202–693–4122 (this is not a
toll-free number) or e-mail
Mills.Ira@dol.gov. This ICR can also be
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accessed online at https://
www.doleta.gov/OMBCN/
OMBControlNumber.cfm.
Comments should be sent to Office of
Information and Regulatory Affairs,
Attn: OMB Desk Officer for ETA, Office
of Management and Budget, Room
10235, Washington, DC 20503, 202–
395–7316 (this is not a toll free number),
within 30 days from the date of this
publication in the Federal Register.
The OMB 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 submission of
responses.
Agency: Employment and Training
Administration (ETA)
Type of Review: Extension.
Title: Forms for Agricultural
Recruitment System of Services to
Migratory Workers.
OMB Number: 1205–0134.
Frequency: On occasion.
Affected Public: State, local, or tribal
government and Individuals or
Households.
Type of Response: Recordkeeping.
Number of Respondents: 3,000.
Annual Responses: 5,600.
Average Response Time: ETA 790
takes 60 minutes; ETA 795 takes 15
minutes.
Total Annual Burden Hours: 4,850.
Total Annualized Capital/Startup
Costs: 0.
Total Annual Costs (operating/
maintaining systems or purchasing
services): 0.
Description: State Workforce Agencies
and Employers use these forms to
recruit domestic workers for temporary
agricultural jobs in order to comply with
regulations at 20 CFR 653.500.
Ira L. Mills,
Departmental Clearance Officer/Team
Leader.
[FR Doc. E6–9709 Filed 6–20–06; 8:45 am]
BILLING CODE 4510–30–P
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]]>Agencies
[Federal Register Volume 71, Number 119 (Wednesday, June 21, 2006)]
[Notices]
[Pages 35711-35712]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-5564]
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DEPARTMENT OF JUSTICE
Office of Justice Programs
Office of Juvenile Justice and Delinquency Prevention
Agency Information Collection Activities: Extension of a
Currently Approved Collection; Comment Request
ACTION: 30-day notice of information collection under review: National
Crime Victimization Survey (NCVS).
-----------------------------------------------------------------------
The U.S. Department of Justice (DOJ), Office of Justice Programs
(OJP) has submitted the following information
[[Page 35712]]
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 information collection is published to obtain
comments from the public and affected agencies. This proposed
information collection was previously published in the Federal
Register, Volume 71, Number 54, page 14252, on March 21, 2006 allowing
for a 60-day comment period.
The purpose of this notice is to allow for an additional 30 days
for public comment until July 21, 2006. This process is conducted in
accordance with 5 CFR 1320.10.
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 the Office of Management and
Budget, Office of Information and Regulatory Affairs, Attention:
Department of Justice Desk Officer, Washington, DC 20503. Additionally,
comments may be submitted to OMB via facsimile to (202) 395-5806.
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;
--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 informaton 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: National Crime Victimization
Survey.
(3) Agency form number, if any, and the applicable component of the
Department sponsoring the collection: NCVS-110, NCVS-554, NCVS-554(SP),
NCVS-572(L), NCVS-573(L), NCVS-592(L), NCVS-593(L), NCVS-592(L) SP/KOR/
CHIN(T), CHIN(M), VIET.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Persons 12 years or older living in
NCVS sampled households located throughout the United States. The
National Crime Victimization Survey (NCVS) collects, analyzes,
publishes, and disseminates statistics on the criminal victimization in
the U.S.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond/reply: An
estimate of the total number of respondents is 77,100. It will take the
average interviewed respondent an estimated 23 minutes to respond, the
average non-interviewed respondent an estimated 7 minutes to respond,
the estimated average follow-up interview is 12 minutes, and the
estimated average follow-up for a non-interview is 1 minute.
(6) An estimate of the total public burden (in hours) associated
with the collection: The total respondent burden is approximately
62,620 hours.
If additional information is required, contact Robert B. Briggs,
Department Clearance Officer, United States Department of Justice,
Justice Management Division, Policy and Planning Staff, Patrick Henry
Building, Suite 1600, 601 D Street, NW., Washington, DC 20530.
Dated: June 15, 2006.
Robert B. Briggs,
Department Clearance Officer, Department of Justice.
[FR Doc. 06-5564 Filed 6-20-06; 8:45 am]
BILLING CODE 4410-18-M
