Submission for OMB Review: Comment Request, 68197-68198 [E7-23461]
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Federal Register / Vol. 72, No. 232 / Tuesday, December 4, 2007 / Notices
States District Court entered a judgment
of conviction. The court then sentenced
Respondent to terms of thirty-six
months imprisonment followed by three
years of supervised release. See United
States v. Sabbagh, Judgment at 1–3.
Discussion
Section 303(h) of the CSA provides
that ‘‘[t]he Attorney General shall
register an applicant to distribute a list
I chemical unless the Attorney General
determines that registration of the
applicant is inconsistent with the public
interest.’’ 21 U.S.C. 823(h). In making
this determination, Congress directed
that I consider the following factors:
(1) Maintenance by the applicant of
effective controls against diversion of listed
chemicals into other than legitimate
channels;
(2) Compliance by the applicant with
applicable Federal, State, and local law;
(3) Any prior conviction record of the
applicant under Federal or State laws relating
to controlled substances or to chemicals
controlled under Federal or State law;
(4) Any past experience of the applicant in
the manufacture and distribution of
chemicals; and
(5) Such other factors as are relevant to and
consistent with the public health and safety.
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Id.
‘‘These factors are considered in the
disjunctive.’’ Joy’s Ideas, 70 FR 33195,
33197 (2005). I may rely on any one or
a combination of factors, and may give
each factor the weight I deem
appropriate in determining whether an
application for a registration should be
denied. See, e.g., David M. Starr, 71 FR
39367, 39368 (2006); Energy Outlet, 64
FR 14269 (1999). Moreover, I am ‘‘not
required to make findings as to all of the
factors.’’ Hoxie v. DEA, 419 F.3d 477,
482 (6th Cir. 2005); Morall v. DEA, 412
F.3d 165, 173–74 (D.C. Cir. 2005).
Given Respondent’s conviction for
conspiring to distribute
pseudoephedrine knowing that it would
be used to manufacture
methamphetamine, I conclude that
factor three is dispositive and that it is
unnecessary to make findings as to the
remaining factors. Respondent’s
conviction indisputably establishes that
granting him a registration would be
‘‘inconsistent with the public interest.’’
21 U.S.C. 823(h). Respondent’s
application will therefore be denied.
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 Ammar Sabbagh for a
DEA Certificate of Registration as a
distributor of list I chemicals be, and it
hereby is, denied. This order is effective
January 3, 2008.
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17:38 Dec 03, 2007
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Dated: November 21, 2007.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. E7–23476 Filed 12–3–07; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF LABOR
Office of the Secretary
Submission for OMB Review:
Comment Request
November 28, 2007.
The Department of Labor (DOL)
hereby announces the submission the
following public information collection
requests (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 each ICR, with applicable
supporting documentation; including
among other things a description of the
likely respondents, proposed frequency
of response, and estimated total burden
may be obtained from the RegInfo.gov
Web site at https://www.reginfo.gov/
public/do/PRAMain or by contacting
Darrin King on 202–693–4129 (this is
not a toll-free number)/e-mail:
king.darrin@dol.gov.
Interested parties are encouraged to
send comments to the Office of
Information and Regulatory Affairs,
Attn: Brenda Aguilar, OMB Desk Officer
for the Employee Benefits Security
Administration (EBSA), Office of
Management and Budget, Room 10235,
Washington, DC 20503, Telephone:
202–395–7316/Fax: 202–395–6974
(these are not toll-free numbers), E-mail:
OIRA_submission@omb.eop.gov within
30 days from the date of this publication
in the Federal Register. In order to
ensure the appropriate consideration,
comments should reference the OMB
Control Number (see below).
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
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68197
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: Employee Benefits Security
Administration.
Type of Review: Extension without
change of currently approved collection.
Title: Notice to Participants and
Beneficiaries and the Federal
Government of Electing One Percent
Increased Cost Exemption.
OMB Control Number: 1210–0105.
Affected Public: Private Sector:
Business or other for-profit.
Estimated Number of Respondents:
10.
Estimated Total Annual Burden
Hours: 300.
Estimated Total Annual Cost Burden:
$7,000.
Description: Group health plans may
be exempted from Mental Health Party
Act of 1996 (Pub. L. 104–194)
requirements for parity between mental
health and medical/surgical benefits if
parity would result in cost increase of
one percent or more. This request
pertains to notice to participants and
beneficiaries and the Federal
Government that is required in order to
make use of the exemption. For
additional information, please refer to a
related notice published at 72 FR 54072
on September 21, 2007 and the interim
final rule published at 62 FR 66931 on
December 22, 1997.
Agency: Employee Benefits Security
Administration.
Type of Review: Extension without
change of currently approved collection.
Title: Calculation and Disclosure of
Documentation of Eligibility for
Exemption.
OMB Control Number: 1210–0106.
Affected Public: Private Sector:
Business or other for-profit.
Estimated Number of Respondents:
10.
Estimated Total Annual Burden
Hours: 110.
Estimated Total Annual Cost Burden:
$216.
Description: The Mental Health Parity
Act of 1996 (Pub. L. 104–194) requires
parity between the dollar limits
imposed on mental health benefits and
those imposed on medical/surgical
benefits offered by group health plans
and issuers. Upon receipt of notice that
a plan claims exemption from these
requirements, participants and
beneficiaries may request a summary of
the information upon which the
exemption was based. This request
pertains to the calculation and
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68198
Federal Register / Vol. 72, No. 232 / Tuesday, December 4, 2007 / Notices
disclosure of information on which the
exemption was based. For additional
information, please refer to a related
notice published at 72 FR 54072 on
September 21, 2007 and the interim
final rule published at 62 FR 66931 on
December 22, 1997.
Darrin A. King,
Acting Departmental Clearance Officer.
[FR Doc. E7–23461 Filed 12–3–07; 8:45 am]
BILLING CODE 4510–29–P
LIBRARY OF CONGRESS
Copyright Office
[Docket No. 2007–12]
Section 119 and the Changes in the
Consumer Price Index
Copyright Office, Library of
Congress.
ACTION: Notice of Rate Adjustment.
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AGENCY:
SUMMARY: The Library of Congress,
through the Copyright Office, is
announcing an upcoming royalty rate
adjustment for satellite carriers based
upon changes in the Consumer Price
Index.
FOR FURTHER INFORMATION CONTACT: Ben
Golant, Assistant General Counsel, and
Tanya M. Sandros, General Counsel,
Copyright GC/I&R, P.O. Box 70400,
Washington, DC 20024. Telephone:
(202) 707–8380. Telefax: (202) 707–
8366.
SUPPLEMENTARY INFORMATION: Pursuant
to Section 119(c) and our implementing
rules, we are hereby giving notice to the
public that royalty rates will be adjusted
for the accounting period commencing
January 1, 2008, based on changes in the
Consumer Price Index. This action is
consistent with voluntary agreements
reached between satellite carriers and
copyright owners under the Copyright
Act.
Section 119 and royalty payments for
analog television signals. In 2004,
Congress enacted the Satellite Home
Viewer Extension and Reauthorization
Act (‘‘SHVERA’’). SHVERA extended for
an additional five years the statutory
license for satellite carriers
retransmitting over-the-air television
broadcast stations to their subscribers
and made a number of amendments to
the license. One of the amendments to
Section 119 sets forth a process for
adjusting the royalty fees paid by
satellite carriers for retransmitting
analog television network and
superstations. 17 U.S.C. 119(c)(1). The
law directs the Librarian of Congress to
publish notice in the Federal Register
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17:38 Dec 03, 2007
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requesting satellite carriers, distributors
and copyright owners to submit to the
Copyright Office any voluntary
agreements they have negotiated as to
the adjustment of the rates for analog
stations. The Library published such a
notice on December 30, 2004, and,
pursuant to the statute, requested that
any agreements be submitted no later
than January 10, 2005. 69 FR 78482
(December 30, 2004).
The Office received one agreement,
submitted jointly by the satellite carriers
DirecTV, Inc. and EchoStar Satellite
L.L.C., the copyright owners of motion
pictures and syndicated television series
represented by the Motion Picture
Association of America, and the
copyright owners of sports programming
represented by the Office of the
Commissioner of Baseball. Section
119(c)(1)(D)(ii)(II) requires the Library to
‘‘provide public notice of the royalty
fees from the voluntary agreement and
afford parties an opportunity to state
that they object to those fees.’’ 17 U.S.C.
119(c)(1)(D)(ii)(II). The Library
published a Notice of Proposed
Rulemaking on January 26, 2005, to
fulfill this requirement. 70 FR 3656
(January 26, 2005). No objections were
received. Consequently, the Library
adopted the rates in the voluntary
agreement as final. 70 FR 17320 (Apr. 6,
2005).
The terms and conditions of the
agreement were codified at Section
258.3 of the Copyright Office’s rules.
Paragraph (g) of this rule specifically
states, with regard to private home
viewing, that the 2007 rate per
subscriber per month for distant
superstations and network stations shall
be adjusted for the amount of inflation
as measured by the change in the
Consumer Price Index for all urban
consumers from January 2007 to January
2008. For viewing in commercial
establishments, the 2007 rate per
subscriber per month for viewing
distant superstations in commercial
establishments shall be adjusted for the
amount of inflation as measured by the
change in the Consumer Price Index for
all urban consumers from January 2007
to January 2008.
Section 119 and royalty payments for
digital television signals. Another
amendment to Section 119 promulgated
by SHVERA set forth a process, for the
first time, for adjusting the royalty fees
paid by satellite carriers for the
retransmission of digital broadcast
signals. 17 U.S.C. 119(c)(2). The law set
the initial rates as the rates set by the
Librarian in 1997 for the retransmission
of analog broadcast signals, 37 CFR
258.3(b)(1)-(2), reduced by 22.5 percent.
17 U.S.C. 119(c)(2)(A). These rates are to
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be adjusted in accordance with the
procedures set forth in Section 119(c)(1)
as directed by Section 119(c)(2) of the
Copyright Act.
On March 8, 2005, the Copyright
Office received a letter from EchoStar
Satellite, L.L.C., DirecTV, Inc., Program
Suppliers, and the Joint Sports
Claimants requesting that the Office
begin the process of setting the rates for
the retransmission of digital broadcast
signals by initiating a voluntary
negotiation period so that rates for both
digital and analog signals would be in
place before the July 31, 2005, deadline
for satellite carriers to pay royalties for
the first accounting period of 2005. The
Office granted the request and, pursuant
to Section 119(c)(1), published a Notice
in the Federal Register initiating a
voluntary negotiation period and
requesting that any agreements reached
during this period be submitted no later
than April 25, 2005. See 70 FR 15368
(March 25, 2005).
In accordance with the March 25
Notice, the Office received one
agreement, submitted jointly by the
satellite carriers EchoStar Satellite
L.L.C. and DirecTV, Inc., the copyright
owners of motion pictures and
syndicated television series represented
by the Motion Picture Association of
America, and the copyright owners of
sports programming represented by the
Office of the Commissioner of Baseball.
The agreement proposed rates for the
private home viewing of distant
superstations and distant network
stations for the 2005-2009 period, as
well as the viewing of those signals for
commercial establishments.
As required by statute, the Library
provided public notice of the royalty
fees from the voluntary agreement and
afforded parties an opportunity to state
that they object to those fees. 17 U.S.C.
119(c)(1)(D)(ii)(II). The Library
published a Notice of Proposed
Rulemaking on May 17, 2005, to fulfill
this requirement. 70 FR 28231 (May 17,
2005). The Office received no objections
as a result of the Notice. Consequently,
the Library adopted the rates as set forth
in the voluntary agreement as final. 70
FR 39178 (Jul. 7, 2006).
The terms and conditions of the
agreement were codified at Section
258.4 of the Copyright Office’s rules.
Paragraph (d) of the rule states the
royalty rate for secondary transmission
of digital signals of broadcast stations by
satellite carriers and the process for
readjusting the rates for the accounting
period commencing on January 1, 2008.
For private home viewing, the 2007 rate
per subscriber per month for distant
superstations and network stations shall
be adjusted for the amount of inflation
E:\FR\FM\04DEN1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 232 (Tuesday, December 4, 2007)]
[Notices]
[Pages 68197-68198]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23461]
=======================================================================
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DEPARTMENT OF LABOR
Office of the Secretary
Submission for OMB Review: Comment Request
November 28, 2007.
The Department of Labor (DOL) hereby announces the submission the
following public information collection requests (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 each ICR, with applicable supporting documentation;
including among other things a description of the likely respondents,
proposed frequency of response, and estimated total burden may be
obtained from the RegInfo.gov Web site at https://www.reginfo.gov/
public/do/PRAMain or by contacting Darrin King on 202-693-4129 (this is
not a toll-free number)/e-mail: king.darrin@dol.gov.
Interested parties are encouraged to send comments to the Office of
Information and Regulatory Affairs, Attn: Brenda Aguilar, OMB Desk
Officer for the Employee Benefits Security Administration (EBSA),
Office of Management and Budget, Room 10235, Washington, DC 20503,
Telephone: 202-395-7316/Fax: 202-395-6974 (these are not toll-free
numbers), E-mail: OIRA_submission@omb.eop.gov within 30 days from the
date of this publication in the Federal Register. In order to ensure
the appropriate consideration, comments should reference the OMB
Control Number (see below).
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: Employee Benefits Security Administration.
Type of Review: Extension without change of currently approved
collection.
Title: Notice to Participants and Beneficiaries and the Federal
Government of Electing One Percent Increased Cost Exemption.
OMB Control Number: 1210-0105.
Affected Public: Private Sector: Business or other for-profit.
Estimated Number of Respondents: 10.
Estimated Total Annual Burden Hours: 300.
Estimated Total Annual Cost Burden: $7,000.
Description: Group health plans may be exempted from Mental Health
Party Act of 1996 (Pub. L. 104-194) requirements for parity between
mental health and medical/surgical benefits if parity would result in
cost increase of one percent or more. This request pertains to notice
to participants and beneficiaries and the Federal Government that is
required in order to make use of the exemption. For additional
information, please refer to a related notice published at 72 FR 54072
on September 21, 2007 and the interim final rule published at 62 FR
66931 on December 22, 1997.
Agency: Employee Benefits Security Administration.
Type of Review: Extension without change of currently approved
collection.
Title: Calculation and Disclosure of Documentation of Eligibility
for Exemption.
OMB Control Number: 1210-0106.
Affected Public: Private Sector: Business or other for-profit.
Estimated Number of Respondents: 10.
Estimated Total Annual Burden Hours: 110.
Estimated Total Annual Cost Burden: $216.
Description: The Mental Health Parity Act of 1996 (Pub. L. 104-194)
requires parity between the dollar limits imposed on mental health
benefits and those imposed on medical/surgical benefits offered by
group health plans and issuers. Upon receipt of notice that a plan
claims exemption from these requirements, participants and
beneficiaries may request a summary of the information upon which the
exemption was based. This request pertains to the calculation and
[[Page 68198]]
disclosure of information on which the exemption was based. For
additional information, please refer to a related notice published at
72 FR 54072 on September 21, 2007 and the interim final rule published
at 62 FR 66931 on December 22, 1997.
Darrin A. King,
Acting Departmental Clearance Officer.
[FR Doc. E7-23461 Filed 12-3-07; 8:45 am]
BILLING CODE 4510-29-P
