Proposed Collection; Comment Request, 11058-11059 [E7-4330]

Download as PDF 11058 Federal Register / Vol. 72, No. 47 / Monday, March 12, 2007 / Notices pwalker on PROD1PC71 with NOTICES that Respondent’s president does have ‘‘some limited experience’’ working on weekends at another firm which distributes list I chemicals. ALJ Dec. at 15. Distributors of list I chemicals are subject to a comprehensive and complex regulatory scheme. See 21 CFR Pts. 1309 & 1310. Moreover, as I explained in TriCounty Bait Distributors, merely working as a sales clerk does not establish that an applicant has relevant experience. 71 FR at 52163. Rather, for an applicant’s (or its key employee’s) experience to be relevant, the applicant must have been actively involved in the fulfillment of a registrant’s regulatory obligations and demonstrate adequate knowledge of list I products. While this standard may not have been clear at the time of the hearing, I nonetheless conclude that a remand is unnecessary. As explained above (and as the ALJ found), Respondent’s president ‘‘has little knowledge of which products on his proposed product list contained ephedrine or pseudoephedrine.’’ ALJ Dec. at 15–16. Thus, even if Respondent’s president had established that he had performed regulatory obligations, his lack of knowledge of basic product information would still lead me to conclude that his experience was inadequate. I thus hold that this factor supports a finding that Respondent’s registration would be inconsistent with the public interest. Factor Five—Other Factors That Are Relevant to and Consistent With Public Health and Safety Numerous DEA orders recognize that convenience stores and gas stations constitute the non-traditional retail market for legitimate consumers of products containing pseudoephedrine and ephedrine. See, e.g., Tri-County Bait Distributors, 71 FR at 52161; D & S Sales, 71 FR at 37608–09; Branex, Inc., 69 FR at 8690–92. DEA orders also establish that the sale of list I chemical products by non-traditional retailers is an area of particular concern in preventing diversion of these products into the illicit manufacture of methamphetamine. See, e.g., Joey Enterprises, 70 FR 76866, 76867 (2005). As Joey Enterprises explains, ‘‘[w]hile there are no specific prohibitions under the Controlled Substances Act regarding the sale of listed chemical products to [gas stations and convenience stores], DEA has nevertheless found that [these entities] constitute sources for the diversion of listed chemical products.’’ Id. See also TNT Distributors, Inc., 70 FR 12729, 12730 (2005) (special agent testified that ‘‘80 to 90 percent of ephedrine and pseudoephedrine being VerDate Aug<31>2005 18:04 Mar 09, 2007 Jkt 211001 used [in Tennessee] to manufacture methamphetamine was being obtained from convenience stores’’); OTC Distribution Co., 68 FR 70538, 70541 (2003) (noting ‘‘over 20 different seizures of [gray market distributor’s] pseudoephedrine product at clandestine sites,’’ and that in an eight-month period distributor’s product ‘‘was seized at clandestine laboratories in eight states, with over 2 million dosage units seized in Oklahoma alone’’); MDI Pharmaceuticals, 68 FR 4233, 4236 (2003) (finding that ‘‘pseudoephedrine products distributed by [gray market distributor] have been uncovered at numerous clandestine methamphetamine settings throughout the United States and/or discovered in the possession of individuals apparently involved in the illicit manufacture of methamphetamine’’). Significantly, all of Respondent’s proposed customers participate in the non-traditional market for ephedrine and pseudoephedrine products. DEA orders recognize that there is a substantial risk of diversion of list I chemicals into the illicit manufacture of methamphetamine when these products are sold by non-traditional retailers. See, e.g., Joy’s Ideas, 70 FR at 33199 (finding that the risk of diversion was ‘‘real’’ and ‘‘substantial’’); Jay Enterprises, Inc., 70 FR 24620, 24621 (2005) (noting ‘‘heightened risk of diversion’’ should application be granted). Under DEA precedents, an applicant’s proposal to sell into the non-traditional market weighs heavily against the granting of a registration under factor five. So too here. Because of the methamphetamine epidemic’s devastating impact on communities and families throughout the country, DEA has repeatedly denied an application when an applicant proposed to sell into the non-traditional market and analysis of one of the other statutory factors supports the conclusion that granting the application would create an unacceptable risk of diversion. Thus, in Xtreme Enterprises, Inc., 67 FR 76195, 76197 (2002), my predecessor denied an application observing that the respondent’s ‘‘lack of a criminal record, compliance with the law and willingness to upgrade her security system are far outweighed by her lack of experience with selling list I chemicals and the fact that she intends to sell ephedrine almost exclusively in the gray market.’’ More recently, I have denied applications explaining that an applicant’s ‘‘lack of a criminal record and any intent to comply with the law and regulations are far outweighed by his lack of experience and the company’s intent to sell ephedrine and PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 pseudoephedrine exclusively to the gray market.’’ Jay Enterprises, 70 FR at 24621. Accord Prachi Enterprises, Inc., 69 FR 69407, 69409 (2004). Here, Respondent clearly lacks effective controls against diversion, its key employee has only limited experience in the wholesale distribution of list I chemical products during which he apparently learned very little about the products he seeks to carry, and yet it intends to distribute these products to non-traditional retailers, a market in which the risk of diversion is substantial.4 See Taby Enterprises of Osceola, Inc., 71 FR 71557, 71559 (2006). Given these findings, it is indisputable that granting Respondent’s application would be ‘‘inconsistent with the public interest.’’ 21 U.S.C. 823(h). Order Pursuant to the authority vested in me by 21 U.S.C. 823(h), and 28 CFR 0.100(b) & 0.104, I order that the application of Planet Trading, Inc., d/b/a United Wholesale Distributors, Inc., for a DEA Certificate of Registration as a distributor of list I chemicals be, and it hereby is, denied. This order is effective April 11, 2007. Dated: February 28, 2007. Michele M. Leonhart, Deputy Administrator. [FR Doc. 07–1103 Filed 3–9–07; 8:45 am] BILLING CODE 4410–09–P DEPARTMENT OF LABOR Bureau of Labor Statistics Proposed Collection; Comment Request ACTION: Notice. SUMMARY: The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance 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 4 Initially, Respondent also sought to sell high strength, high count list I products including several brands that DEA has frequently found during seizures of illicit methamphetamine laboratories. See Gov. Exh. 5, at 2. See also OTC Distribution, 68 FR at 70541, MDI Pharmaceuticals, 68 FR at 4236. At the hearing, however, Respondent expressed a willingness to carry only smaller packages of traditional cold and allergy medicines. See ALJ Dec. at 11. For the reasons stated above, I nonetheless conclude that the Government has shown that Respondent’s registration would be inconsistent with the public interest. E:\FR\FM\12MRN1.SGM 12MRN1 Federal Register / Vol. 72, No. 47 / Monday, March 12, 2007 / Notices pwalker on PROD1PC71 with NOTICES (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 Bureau of Labor Statistics (BLS) is soliciting comments concerning the proposed extension of the ‘‘Current Population Survey (CPS).’’ A copy of the proposed information collection request (ICR) can be obtained by contacting the individual listed below in the ADDRESSES section of this notice. DATES: Written comments must be submitted to the office listed in the ADDRESSES section below on or before May 11, 2007. ADDRESSES: Send comments to Amy A. Hobby, BLS Clearance Officer, Division of Management Systems, Bureau of Labor Statistics, Room 4080, 2 Massachusetts Avenue, NE., Washington, DC 20212, 202–691–7628. (This is not a toll-free number.) FOR FURTHER INFORMATION CONTACT: Amy A. Hobby, BLS Clearance Officer, 202–691–7628. (See ADDRESSES section.) SUPPLEMENTARY INFORMATION: I. Background The CPS has been the principal source of the official Government statistics on employment and unemployment for over 60 years. The labor force information gathered through the survey is of paramount importance in keeping track of the economic health of the Nation. The survey is the only source of data on total employment and unemployment, with the monthly unemployment rate obtained through this survey being regarded as one of the most important economic indicators. Moreover, the survey also yields data on the basic status and characteristics of persons not in the labor force. The CPS data are used monthly, in conjunction with data from other sources, to analyze the extent to which the various components of the American population are participating in the economic life of the Nation and with what success. The labor force data gathered through the CPS are provided to users in the greatest detail possible, consistent with the demographic information obtained in the survey. In brief, the labor force data can be broken down by sex, age, race and ethnic origin, marital status, family composition, educational level, and other characteristics. Through such breakdowns, one can focus on the employment situation of specific VerDate Aug<31>2005 18:04 Mar 09, 2007 Jkt 211001 population groups as well as on the general trends in employment and unemployment. Information of this type can be obtained only through demographically oriented surveys such as the CPS. The basic CPS data also are used as an important platform on which to base the data derived from the various supplemental questions that are administered in conjunction with the survey. By coupling the basic data from the monthly survey with the special data from the supplements, one can get valuable insights on the behavior of American workers and on the social and economic health of their families. There is wide interest in the monthly CPS data among Government policymakers, legislators, economists, the media, and the general public. While the data from the CPS are used in conjunction with data from other surveys in assessing the economic health of the Nation, they are unique in various ways. They provide a measurement of total employment, including farm work, self-employment and unpaid family work, while the other surveys are generally restricted to the nonagricultural wage and salary sector. The CPS provides data on all jobseekers, and on all persons outside the labor force, while payroll-based surveys cannot, by definition, cover these sectors of the population. Finally, the CPS data on employment, unemployment, and on persons not in the labor force can be linked to the demographic characteristics of the many groups that make up the Nation’s population, while the data from other surveys are usually devoid of demographic information. II. Desired Focus of Comments The Bureau of Labor Statistics is particularly interested in comments that: • 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. • 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 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 11059 other forms of information technology, e.g., permitting electronic submissions of responses. III. Current Action Office of Management and Budget clearance is being sought for the Current Population Survey (CPS). Type of Review: Extension of a currently approved collection. Agency: Bureau of Labor Statistics. Title: Current Population Survey (CPS). OMB Number: 1220–0100. Affected Public: Households. Total Respondents: 55,000 per month. Frequency: Monthly. Total Responses: 660,000. Average Time Per Response: 7 minutes. Estimated Total Burden Hours: 77,000 hours. Total Burden Cost (capital/startup): $0. Total Burden Cost (operating/ maintenance): $0. Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they also will become a matter of public record. Signed at Washington, DC, this 7th day of March 2007. Mark Staniorski, Acting Chief, Division of Management Systems, Bureau of Labor Statistics. [FR Doc. E7–4330 Filed 3–9–07; 8:45 am] BILLING CODE 4510–24–P NATIONAL CREDIT UNION ADMINISTRATION Sunshine Act Meeting 10 a.m., Thursday, March 15, 2007. PLACE: Board Room, 7th Floor, Room 7047, 1775 Duke Street, Alexandria, VA 22314–3428. STATUS: Open. MATTER TO BE CONSIDERED: 1. NCUSIF Dividend and Insurance Premium. 2. Appeals from Cinfed Federal Credit Union and Emergy Federal Credit union of the Regional Director’s Denials of Conversion from Multiple Common Bonds to Community Charters. 3. Proposed Rule: Parts 748, 749, and 750 of NCUA’s Rules and Regulations, Disaster Preparedness and Records Preservation Program. 4. Proposed Rule: Part 716 of NCUA’s Rules and Regualtions, Model Privacy Form. TIME AND DATE: E:\FR\FM\12MRN1.SGM 12MRN1

Agencies

[Federal Register Volume 72, Number 47 (Monday, March 12, 2007)]
[Notices]
[Pages 11058-11059]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-4330]


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DEPARTMENT OF LABOR

Bureau of Labor Statistics


Proposed Collection; Comment Request

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden, conducts a pre-clearance 
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

[[Page 11059]]

(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 Bureau of Labor 
Statistics (BLS) is soliciting comments concerning the proposed 
extension of the ``Current Population Survey (CPS).'' A copy of the 
proposed information collection request (ICR) can be obtained by 
contacting the individual listed below in the ADDRESSES section of this 
notice.

DATES: Written comments must be submitted to the office listed in the 
ADDRESSES section below on or before May 11, 2007.

ADDRESSES: Send comments to Amy A. Hobby, BLS Clearance Officer, 
Division of Management Systems, Bureau of Labor Statistics, Room 4080, 
2 Massachusetts Avenue, NE., Washington, DC 20212, 202-691-7628. (This 
is not a toll-free number.)

FOR FURTHER INFORMATION CONTACT: Amy A. Hobby, BLS Clearance Officer, 
202-691-7628. (See ADDRESSES section.)

SUPPLEMENTARY INFORMATION:

I. Background

    The CPS has been the principal source of the official Government 
statistics on employment and unemployment for over 60 years. The labor 
force information gathered through the survey is of paramount 
importance in keeping track of the economic health of the Nation. The 
survey is the only source of data on total employment and unemployment, 
with the monthly unemployment rate obtained through this survey being 
regarded as one of the most important economic indicators. Moreover, 
the survey also yields data on the basic status and characteristics of 
persons not in the labor force. The CPS data are used monthly, in 
conjunction with data from other sources, to analyze the extent to 
which the various components of the American population are 
participating in the economic life of the Nation and with what success.
    The labor force data gathered through the CPS are provided to users 
in the greatest detail possible, consistent with the demographic 
information obtained in the survey. In brief, the labor force data can 
be broken down by sex, age, race and ethnic origin, marital status, 
family composition, educational level, and other characteristics. 
Through such breakdowns, one can focus on the employment situation of 
specific population groups as well as on the general trends in 
employment and unemployment. Information of this type can be obtained 
only through demographically oriented surveys such as the CPS.
    The basic CPS data also are used as an important platform on which 
to base the data derived from the various supplemental questions that 
are administered in conjunction with the survey. By coupling the basic 
data from the monthly survey with the special data from the 
supplements, one can get valuable insights on the behavior of American 
workers and on the social and economic health of their families.
    There is wide interest in the monthly CPS data among Government 
policymakers, legislators, economists, the media, and the general 
public. While the data from the CPS are used in conjunction with data 
from other surveys in assessing the economic health of the Nation, they 
are unique in various ways. They provide a measurement of total 
employment, including farm work, self-employment and unpaid family 
work, while the other surveys are generally restricted to the 
nonagricultural wage and salary sector. The CPS provides data on all 
jobseekers, and on all persons outside the labor force, while payroll-
based surveys cannot, by definition, cover these sectors of the 
population. Finally, the CPS data on employment, unemployment, and on 
persons not in the labor force can be linked to the demographic 
characteristics of the many groups that make up the Nation's 
population, while the data from other surveys are usually devoid of 
demographic information.

II. Desired Focus of Comments

    The Bureau of Labor Statistics is particularly interested in 
comments that:
     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.
     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 Action

    Office of Management and Budget clearance is being sought for the 
Current Population Survey (CPS).
    Type of Review: Extension of a currently approved collection.
    Agency: Bureau of Labor Statistics.
    Title: Current Population Survey (CPS).
    OMB Number: 1220-0100.
    Affected Public: Households.
    Total Respondents: 55,000 per month.
    Frequency: Monthly.
    Total Responses: 660,000.
    Average Time Per Response: 7 minutes.
    Estimated Total Burden Hours: 77,000 hours.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $0.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for Office of Management and Budget 
approval of the information collection request; they also will become a 
matter of public record.

    Signed at Washington, DC, this 7th day of March 2007.
Mark Staniorski,
Acting Chief, Division of Management Systems, Bureau of Labor 
Statistics.
[FR Doc. E7-4330 Filed 3-9-07; 8:45 am]
BILLING CODE 4510-24-P
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