Office of the Secretary; Submission for OMB Review: Comment Request, 52704-52705 [E8-20983]
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Federal Register / Vol. 73, No. 176 / Wednesday, September 10, 2008 / Notices
continue, RX 10, at 1, is a sham and not
a legitimate effort to control diversion.
Respondent’s failure to enforce its
own policies provides reason alone to
conclude that it cannot be trusted to
adhere to compliance conditions. This
conclusion is further supported by
Respondent’s sustained and flagrant
violations of Federal law, as well as its
attempt to circumvent the suspension
order. Indeed, as Respondent’s history
amply demonstrates, its professed
commitment to ‘‘teamwork’’ and ‘‘to
become a compliance model for the
entire industry,’’ Resp. Ex. at 139,
cannot be taken seriously.58 I therefore
conclude that imposing compliance
conditions would not adequately protect
the public interest, and reject the ALJ’s
recommendation.59
Order
Pursuant to the authority vested in me
by 21 U.S.C. 823(h) & 824(a), as well as
28 CFR 0.100(b) & 0.104, I order that
DEA Certificate of Registration,
003563NSY, issued to Novelty
Distributors, D/B/A/ Greenfield Labs,
be, and it hereby is, revoked. I further
order that any pending application of
Novelty Distributors, D/B/A Greenfield
Labs, for renewal of its registration, be,
and it hereby is, denied. This order is
effective immediately.
Dated: September 3, 2008.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. E8–21035 Filed 9–9–08; 8:45 am]
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BILLING CODE 4410–09–P
58 For the same reasons, I find unpersuasive the
August 13, 2008 letter from Respondent’s President.
59 Respondent raises a plethora of claims that the
Agency or its personnel have violated its rights
under the First and Fifth Amendments, as well as
statutory provisions including the Administrative
Procedure Act, the Data Quality Act, and 21 U.S.C.
880. See Resp. Br. at 114–39. For example,
Respondent asserts that the DIs violated its First
Amendment rights and engaged in a prior restraint
because they refused to allow its executives to
videotape them as they reviewed Respondent’s
records. See id. at 116. It also alleges that a DI
committed an assault and battery during the
inspection when he grabbed a video recorder from
the hands of one of its executives who was
attempting to set up the camera in order to tape the
investigators while they reviewed Respondent’s
records.
While in my order denying Respondent’s
interlocutory appeal, I adhered to settled Agency
precedent that the exclusionary rule does not apply
in these proceedings, ALJ Ex. 13, at 3; Respondent
now contends that I should discount the testimony
of two DIs who participated in the inspection to
deter future violations. Indeed, Respondent even
contends that I should discount the testimony of
these DIs based on the alleged assault and battery
of the third DI, who did not testify at the hearing.
Having considered the legal and factual bases for
each of Respondent’s claims, I conclude that none
of them presents a substantial question as to the
fundamental fairness of this proceeding and none
warrants further discussion.
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16:52 Sep 09, 2008
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DEPARTMENT OF LABOR
Office of the Secretary; Submission for
OMB Review: Comment Request
September 5, 2008.
The Department of Labor (DOL)
hereby announces the submission of 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:
DOL_PRA_PUBLIC@dol.gov.
Interested parties are encouraged to
send comments to the Office of
Information and Regulatory Affairs,
Attn: OMB Desk Officer for the
Occupational Safety and Health
Administration (OSHA), 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: Occupational Safety and
Health Administration.
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Sfmt 4703
Type of Review: Extension without
change of a previously approved
collection.
Title of Collection: Slings (29 CFR
1910.184).
OMB Control Number: 1218–0223.
Affected Public: Private Sector.
Estimated Number of Respondents:
1,000,000.
Estimated Total Annual Burden
Hours: 17,760.
Estimated Total Annual Costs Burden:
$0.
Description: The provisions of the
standard require that the employer make
a periodic inspection of alloy steel chain
slings at least once a year and to make
and maintain a record of the inspection.
It also requires the employer to ensure
that each new, repaired or
reconditioned alloy steel chain sling is
proof tested and a certification record
maintained. In addition, the standard
requires the employer to maintain a
record of the proof test on wire rope
slings. For additional information, see
related 60-day preclearance notice
published at 73 FR 35412 on June 23,
2008. PRA documentation prepared in
association with the preclearance notice
is available on https://
www.regulations.gov under docket
number OSHA 2008–0020.
Agency: Occupational Safety and
Health Administration.
Type of Review: Extension without
change of a previously approved
collection.
Title of Collection: Forging Machines
(29 CFR 1910.218).
OMB Control Number: 1218–0228.
Affected Public: Private Sector.
Estimated Number of Respondents:
27,700.
Estimated Total Annual Burden
Hours: 187,264.
Estimated Total Annual Costs Burden:
$0.
Description: The Standard requires
employers to establish periodic
inspections of forging machines, guards,
and point-of-operation protection
devices and to mark manually
controlled valves and switches. These
requirements reduce employees’ risk of
death or serious injury by ensuring that
forging machines used by them are in
safe operating condition, and that they
are able to identify manually operated
valves and switches. For additional
information, see related 60-day
preclearance notice published at 73 FR
35414 on June 23, 2008. PRA
documentation prepared in association
with the preclearance notice is available
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Federal Register / Vol. 73, No. 176 / Wednesday, September 10, 2008 / Notices
on https://www.regulations.gov under
docket number OSHA 2008–0018.
Darrin A. King,
Departmental Clearance Officer.
[FR Doc. E8–20983 Filed 9–9–08; 8:45 am]
BILLING CODE 4510–26–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2008–0486]
NRC Enforcement Policy: Extension of
Discretion Period of Interim
Enforcement Policy
U.S. Nuclear Regulatory
Commission.
ACTION: Policy statement: Revision.
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AGENCY:
SUMMARY: The U.S. Nuclear Regulatory
Commission (NRC) is revising the NRC
‘‘Interim Enforcement Policy Regarding
Enforcement Discretion for Certain Fire
Protection Issues’’ (Title 10 of the Code
of Federal Regulations (10 CFR) 50.48
‘‘Fire Protection’’), which will allow a
licensee the option to request an
extended enforcement discretion period
if they are pursuing transition to 10 CFR
50.48(c), ‘‘National Fire Protection
Association Standard NFPA 805.’’
DATES: This revision is effective
September 10, 2008. Please submit any
comments on this revision to the
Enforcement Policy on or before October
27, 2008.
ADDRESSES: You may submit comments
by any one of the following methods.
Comments submitted in writing or in
electronic form will be made available
for public inspection. Because your
comments will not be edited to remove
any identifying or contact information,
the NRC cautions you against including
any information in your submission that
you do not want to be publicly
disclosed.
Federal e-Rulemaking Portal: Go to
https://www.regulations.gov and search
for documents filed under Docket ID
[NRC–2008–0486]. Address questions
about NRC dockets to Carol Gallagher,
301–415–5905; e-mail
Carol.Gallagher@nrc.gov.
Mail comments to: Michael T. Lesar,
Chief, Rulemaking, Directives, and
Editing Branch, Division of
Administrative Services, Office of
Administration, Mail Stop: T6D59, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001.
Hand deliver comments to: 11555
Rockville Pike, Rockville, MD 20852,
between 7:30 a.m. and 4:15 p.m., on
Federal workdays.
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16:52 Sep 09, 2008
Jkt 214001
You can access publicly available
documents related to this document
using the following methods:
NRC’s Public Document Room (PDR):
The public may examine and have
copied for a fee publicly available
documents at the NRC’s PDR, Public
File Area O1 F21, One White Flint
North, 11555 Rockville Pike, Rockville,
Maryland.
NRC’s Agencywide Documents Access
and Management System (ADAMS):
Publicly available documents created or
received at the NRC are available
electronically at the NRC’s Electronic
Reading Room at https://www.nrc.gov/
reading-rm/adams.html. From this page,
the public can gain entry into ADAMS,
which provides text and image files of
NRC’s public documents. If you do not
have access to ADAMS or if there are
problems in accessing the documents
located in ADAMS, contact the NRC’s
PDR reference staff at 1–800–397–4209,
301–415–4737, or by e-mail to
pdr.resource@nrc.gov.
The NRC maintains the current
Enforcement Policy on its Web site at
https://www.nrc.gov. Mouse over ‘‘Public
Meetings and Involvement’’ on the far
right, then select ‘‘Enforcement’’ from
the drop-down menu. Under the bolded
‘‘Comments’’ section select
‘‘Enforcement Policy’’.
FOR FURTHER INFORMATION CONTACT:
Cynthia Carpenter, Director, Office of
Enforcement, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, 301–415–2741, e-mail
Cynthia.Carpenter@nrc.gov.
SUPPLEMENTARY INFORMATION: On June
16, 2004 (69 FR 33536), the NRC
published a final rule in the Federal
Register amending 10 CFR 50.48, ‘‘Fire
Protection.’’ This rule became effective
July 16, 2004 and allows licensees to
adopt 10 CFR 50.48(c), a risk-informed,
performance-based alternative to their
current fire protection requirements in
10 CFR 50.48(b). The NRC revised its
Enforcement Policy (June 16, 2004; 69
FR 33684) to provide interim
enforcement discretion during a
‘‘transition’’ period. The interim
enforcement discretion policy includes
provisions to address the
noncompliance identified during the
licensee’s transition process and
existing identified noncompliances.
The discretion period would start
when the licensee informs the NRC of
a transition start date in a Letter of
Intent (LOI) to transition to the National
Fire Protection Association Standard
805 (NFPA 805). The discretion period
would remain in effect for up to two
years for the licensee to submit to the
NRC a License Amendment Request
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52705
(LAR) to transition to NFPA 805, and
the discretion period would continue
until the NRC dispositioned the LAR.
Many licensees requested 3 or more
years for the transition period. The basis
for the extended discretion included the
following: (1) The need for additional
time to properly evaluate existing fire
analysis; (2) a lack of resources; (3) the
need for additional time to develop fire
probabilistic risk assessments (PRAs);
and (4) the need for additional time to
use lessons learned from the pilot
plants. On April 18, 2006 (71 FR 19905),
the NRC revised the Interim
Enforcement Policy to extend the
enforcement discretion period from two
to three years.
On February 2, 2007, the Nuclear
Energy Institute (NEI) submitted a
request for additional discretion for sites
transitioning to NFPA 805 (Agencywide
Documents Access and Management
System (ADAMS) Accession No.
ML070460550). NEI stated that the
extension of the enforcement discretion
period would allow an orderly
transition process.
NEI states transitioning licensees are
compelled to complete portions of the
transition in advance of the pilot plants
due to the enforcement discretion
deadline. This could result in creating
substantial risk of rework and
inconsistency among the transitioning
licensees. The following issues formed
the base for NEI’s request that the staff
reexamine the Interim Enforcement
Policy:
(1) Timing of the pilots schedule
versus the nonpilot plant discretion
deadline.
(2) Delay of the industry fire PRA
standard and the NEI peer review
guidance.
(3) Limited fire PRA expertise
available.
(4) Burden on NRC staff to conduct
timely reviews of concurrent LARs.
The NRC is revising the Enforcement
Policy to extend, on a case-by-case
basis, the current 3-year enforcement
discretion period. The NRC will grant
additional time extensions depending
on the progress the licensee has made in
the transition effort. The additional
period of discretion would end 6
months after the date of the safety
evaluation approving the second pilot
plant LAR review.
Nuclear safety is the first
consideration in any request for
additional enforcement discretion. NRC
requires all transitioning licensees to
fully maintain their approved fire
protection program. Transitioning
licensees must address all
nonconforming conditions with
adequate compensatory measures to
E:\FR\FM\10SEN1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 176 (Wednesday, September 10, 2008)]
[Notices]
[Pages 52704-52705]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-20983]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Office of the Secretary; Submission for OMB Review: Comment
Request
September 5, 2008.
The Department of Labor (DOL) hereby announces the submission of
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: DOL_PRA_
PUBLIC@dol.gov.
Interested parties are encouraged to send comments to the Office of
Information and Regulatory Affairs, Attn: OMB Desk Officer for the
Occupational Safety and Health Administration (OSHA), 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: Occupational Safety and Health Administration.
Type of Review: Extension without change of a previously approved
collection.
Title of Collection: Slings (29 CFR 1910.184).
OMB Control Number: 1218-0223.
Affected Public: Private Sector.
Estimated Number of Respondents: 1,000,000.
Estimated Total Annual Burden Hours: 17,760.
Estimated Total Annual Costs Burden: $0.
Description: The provisions of the standard require that the
employer make a periodic inspection of alloy steel chain slings at
least once a year and to make and maintain a record of the inspection.
It also requires the employer to ensure that each new, repaired or
reconditioned alloy steel chain sling is proof tested and a
certification record maintained. In addition, the standard requires the
employer to maintain a record of the proof test on wire rope slings.
For additional information, see related 60-day preclearance notice
published at 73 FR 35412 on June 23, 2008. PRA documentation prepared
in association with the preclearance notice is available on https://
www.regulations.gov under docket number OSHA 2008-0020.
Agency: Occupational Safety and Health Administration.
Type of Review: Extension without change of a previously approved
collection.
Title of Collection: Forging Machines (29 CFR 1910.218).
OMB Control Number: 1218-0228.
Affected Public: Private Sector.
Estimated Number of Respondents: 27,700.
Estimated Total Annual Burden Hours: 187,264.
Estimated Total Annual Costs Burden: $0.
Description: The Standard requires employers to establish periodic
inspections of forging machines, guards, and point-of-operation
protection devices and to mark manually controlled valves and switches.
These requirements reduce employees' risk of death or serious injury by
ensuring that forging machines used by them are in safe operating
condition, and that they are able to identify manually operated valves
and switches. For additional information, see related 60-day
preclearance notice published at 73 FR 35414 on June 23, 2008. PRA
documentation prepared in association with the preclearance notice is
available
[[Page 52705]]
on https://www.regulations.gov under docket number OSHA 2008-0018.
Darrin A. King,
Departmental Clearance Officer.
[FR Doc. E8-20983 Filed 9-9-08; 8:45 am]
BILLING CODE 4510-26-P
