Final Revised Assessment of Annual Needs for the List I Chemicals Ephedrine, Pseudoephedrine, and Phenylpropanolamine for 2008, 63732-63733 [E8-25452]

Download as PDF 63732 Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Notices investigative attorney supported the motion. The ALJ issued the subject ID (Order No. 8) on September 26, 2008, amending the complaint and notice of investigation to name Kokido Trading, Ltd. as the proper respondent rather than Kokido, Ltd. The ID also terminated the investigation with respect to Kokido Trading, Ltd. on the basis of a consent order stipulation and proposed consent order. No petitions for review of the ID were filed. The Commission has determined not to review the ID and to issue the proposed consent order. Since Kokido Trading, Ltd. is the last respondent, the investigation is terminated in its entirety. This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and Commission rules 210.21, 210.42, 19 CFR 210.21, 210.42. Dated: Issued: October 22, 2008. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8–25543 Filed 10–24–08; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [USITC SE–08–029] Sunshine Act Meeting Notice United States International Trade Commission. TIME AND DATE: October 30, 2008 at 9:30 a.m. PLACE: Room 101, 500 E Street SW., Washington, DC 20436, Telephone: (202) 205–2000. STATUS: Open to the public. MATTERS TO BE CONSIDERED: 1. Agenda for future meetings: none 2. Minutes 3. Ratification List 4. Inv. Nos. 701–451 and 731–TA– 1126–1127 (Final)(Certain Lightweight Thermal Paper from China and Germany)—briefing and vote. (The Commission is currently scheduled to transmit its determinations and Commissioners’ opinions to the Secretary of Commerce on or before November 10, 2008.) 5. Outstanding action jackets: none In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. mstockstill on PROD1PC66 with NOTICES AGENCY HOLDING THE MEETING: Issued: October 21, 2008. VerDate Aug<31>2005 17:13 Oct 24, 2008 Jkt 217001 By order of the Commission. William R. Bishop, Hearings and Meetings Coordinator. [FR Doc. E8–25431 Filed 10–24–08; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA–306F] Final Revised Assessment of Annual Needs for the List I Chemicals Ephedrine, Pseudoephedrine, and Phenylpropanolamine for 2008 Drug Enforcement Administration (DEA), Justice. ACTION: Notice of Final Assessment of Annual Needs for 2008. AGENCY: SUMMARY: This notice establishes the Final Revised 2008 Assessment of Annual Needs for certain List I chemicals in accordance with the Combat Methamphetamine Epidemic Act of 2005 (CMEA), enacted on March 9, 2006. DATES: Effective Date: October 27, 2008. FOR FURTHER INFORMATION CONTACT: Christine A. Sannerud, PhD, Chief, Drug & Chemical Evaluation Section, Drug Enforcement Administration (DEA), Springfield, Virginia 22152, Telephone: (202) 307–7183. SUPPLEMENTARY INFORMATION: Section 713 of the Combat Methamphetamine Epidemic Act of 2005 (Title VII of Pub. L. 109–177) (CMEA) amended Section 306 of the Controlled Substances Act (CSA) (21 U.S.C. 826) by adding ephedrine, pseudoephedrine, and phenylpropanolamine to existing language to read as follows: ‘‘The Attorney General shall determine the total quantity and establish production quotas for each basic class of controlled substance in schedules I and II and for ephedrine, pseudoephedrine, and phenylpropanolamine to be manufactured each calendar year to provide for the estimated medical, scientific, research, and industrial needs of the United States, for lawful export requirements, and for the establishment and maintenance of reserve stocks.’’ Further, 715 of CMEA amended21 U.S.C. 952 ‘‘Importation of controlled substances’’ by adding the same List I chemicals to the existing language in paragraph (a), and by adding a new paragraph (d) to read as follows: (a) Controlled substances in schedule I or II and narcotic drugs in schedule III, IV, or V; exceptions: It shall be unlawful to import into the customs territory of the United States from PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 any place outside thereof (but within the United States), or to import into the United States from any place outside thereof, any controlled substance in schedule I or II of subchapter I of this chapter, or any narcotic drug in schedule III, IV, or V of subchapter I of this chapter, or ephedrine, pseudoephedrine, and phenylpropanolamine, except that— (1) such amounts of crude opium, poppy straw, concentrate of poppy straw, and coca leaves, and of ephedrine, pseudoephedrine, and phenylpropanolamine, as the Attorney General finds to be necessary to provide for medical, scientific, or other legitimate purposes, and * * * (d)(1) With respect to a registrant under section 958 who is authorized under subsection (a)(1) to import ephedrine, pseudoephedrine, or phenylpropanolamine, at any time during the year the registrant may apply for an increase in the amount of such chemical that the registrant is authorized to import, and the Attorney General may approve the application if the Attorney General determines that the approval is necessary to provide for medical, scientific, or other legitimate purposes regarding the chemical. Editor’s Note: This excerpt of the amendment is published for the convenience of the reader. The official text is published at 21 U.S.C. 952(a) and (d)(1). The 2008 Assessment of Annual Needs represents those quantities of ephedrine, pseudoephedrine, and phenylpropanolamine which may be manufactured domestically and/or imported into the United States in 2008 to provide adequate supplies of each chemical for: the estimated medical, scientific, research, and industrial needs of the United States; lawful export requirements; and the establishment and maintenance of reserve stocks. On June 23, 2008, a notice entitled, ‘‘Proposed Revised Assessment of Annual Needs for the List I Chemicals Ephedrine, Pseudoephedrine, and Phenylpropanolamine for 2008’’ was published in the Federal Register (73 FR 35410). This notice proposed the revised 2008 Assessment of Annual Needs for ephedrine (for sale), ephedrine (for conversion), pseudoephedrine (for sale), phenylpropanolamine (for sale) and phenylpropanolamine (for conversion). All interested persons were invited to comment on or object to the proposed assessments on or before July 23, 2008. DEA did not receive any comments or objections to the proposed revised Assessment of Annual Needs for the List I Chemicals Ephedrine, Pseudoephedrine, and Phenylpropanolamine for 2008. Therefore, under the authority vested in the Attorney General by Section 306 of the CSA (21 U.S.C. 826), and delegated to the Administrator of the DEA by 28 E:\FR\FM\27OCN1.SGM 27OCN1 Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Notices CFR 0.100, and redelegated to the Deputy Administrator pursuant to 28 CFR 0.104, the Deputy Administrator hereby orders that the Revised 2008 Assessment of Annual Needs for ephedrine, pseudoephedrine, and phenylpropanolamine, expressed in kilograms of anhydrous acid or base, be established as follows: mstockstill on PROD1PC66 with NOTICES List I chemical Final 2008 assessment of annual needs (kg) Unfunded Mandates Reform Act of 1995 This action will not result in the expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $120,000,000 or more in any one year, and will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. Congressional Review Act This action is not a major rule as defined by Section 804 of the Small Ephedrine (for sale) .................. 11,500 Business Regulatory Enforcement Ephedrine (for conversion) ....... 128,760 Fairness Act of 1996. This action will Pseudoephedrine (for sale) ...... 511,100 not result in an annual effect on the Phenylpropanolamine (for sale) 5,545 economy of $100,000,000 or more; a Phenylpropanolamine (for conversion) ................................. 85,470 major increase in costs or prices; or significant adverse effects on competition, employment, investment, Regulatory Certifications productivity, innovation, or on the Regulatory Flexibility Act ability of United States-based companies to compete with foreignThe Deputy Administrator hereby based companies in domestic and certifies that this action will not have a export markets. significant economic impact upon small Dated: October 7, 2008. entities whose interests must be Michele M. Leonhart, considered under the Regulatory Deputy Administrator. Flexibility Act, 5 U.S.C. 601–612. The establishment of the assessment of [FR Doc. E8–25452 Filed 10–24–08; 8:45 am] annual needs for ephedrine, BILLING CODE 4410–09–P pseudoephedrine and phenylpropanolamine is mandated by law. The assessments are necessary to DEPARTMENT OF LABOR provide for the estimated medical, scientific, research and industrial needs Employment and Training Administration of the United States, for lawful export requirements, and the establishment [TA–W–62,760] and maintenance of reserve stocks. Accordingly, the Deputy Administrator Delphi Corporation, Electronics and has determined that this action does not Safety Division, Including On-Site require a regulatory flexibility analysis. Leased Workers From Acro Service Corporation, Kokomo, IN; Amended Executive Order 12866 Certification Regarding Eligibility To The Office of Management and Budget Apply for Worker Adjustment Assistance and Alternative Trade has determined that notices of Adjustment Assistance assessment of annual needs are not subject to centralized review under In accordance with Section 223 of the Executive Order 12866. Trade Act of 1974 (19 U.S.C. 2273), and Executive Order 13132 Section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as amended, the This action does not preempt or Department of Labor issued a modify any provision of state law; nor Certification of Eligibility to Apply for does it impose enforcement Worker Adjustment Assistance and responsibilities on any state; nor does it Alternative Trade Adjustment diminish the power of any state to Assistance on February 14, 2008, enforce its own laws. Accordingly, this applicable to workers of Delphi action does not have federalism Corporation, Electronics and Safety implications warranting the application Division, Kokomo, Indiana. The notice of Executive Order 13132. was published in the Federal Register on February 29, 2008 (73 FR 11152). Executive Order 12988 At the request of the petitioner, the This action meets the applicable Department reviewed the certification standards set forth in Sections 3(a) and for workers of the subject firm. The 3(b)(2) of Executive Order 12988 Civil workers are engaged in the production Justice Reform. of various types of automobile VerDate Aug<31>2005 17:13 Oct 24, 2008 Jkt 217001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 63733 components, including: Heating, ventilating, air-conditioning systems (HVAC), amplifiers, mainboards, gas control modules, hybrid airmeter electronics, hybrid ignition electronics, pressure sensors, transmission control modules, crash sensing devices, occupant sensing devices, warning systems and semiconductors. New information shows that leased workers of Acro Service Corporation were employed on-site at the Kokomo, Indiana location of Delphi Corporation, Electronics and Safety Division. The Department has determined that these workers are sufficiently under the control of the subject firm. Based on these findings, the Department is amending this certification to include leased workers of Acro Service Corporation working onsite at the Kokomo, Indiana location of the subject firm. The intent of the Department’s certification is to include all workers employed at Delphi Corporation, Electronics and Safety Division who were adversely affected by a shift in production Mexico. The amended notice applicable to TAW–62,760 is hereby issued as follows: All workers of Delphi Corporation, Electronics and Safety Division, including on-site leased workers from Acro Service Corporation, Kokomo, Indiana, who became totally or partially separated from employment on or after January 28, 2007, through February 14, 2010, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974. Signed at Washington, DC this 16th day of October 2008. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8–25460 Filed 10–24–08; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–63,830] Robert Bosch Tool Corporation, Including On-Site Leased Workers From Bartlett Business Services and Salem Tools, Lincolnton, NC; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 2273), and E:\FR\FM\27OCN1.SGM 27OCN1

Agencies

[Federal Register Volume 73, Number 208 (Monday, October 27, 2008)]
[Notices]
[Pages 63732-63733]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25452]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. DEA-306F]


Final Revised Assessment of Annual Needs for the List I Chemicals 
Ephedrine, Pseudoephedrine, and Phenylpropanolamine for 2008

AGENCY: Drug Enforcement Administration (DEA), Justice.

ACTION: Notice of Final Assessment of Annual Needs for 2008.

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

SUMMARY: This notice establishes the Final Revised 2008 Assessment of 
Annual Needs for certain List I chemicals in accordance with the Combat 
Methamphetamine Epidemic Act of 2005 (CMEA), enacted on March 9, 2006.

DATES: Effective Date: October 27, 2008.

FOR FURTHER INFORMATION CONTACT: Christine A. Sannerud, PhD, Chief, 
Drug & Chemical Evaluation Section, Drug Enforcement Administration 
(DEA), Springfield, Virginia 22152, Telephone: (202) 307-7183.

SUPPLEMENTARY INFORMATION: Section 713 of the Combat Methamphetamine 
Epidemic Act of 2005 (Title VII of Pub. L. 109-177) (CMEA) amended 
Section 306 of the Controlled Substances Act (CSA) (21 U.S.C. 826) by 
adding ephedrine, pseudoephedrine, and phenylpropanolamine to existing 
language to read as follows: ``The Attorney General shall determine the 
total quantity and establish production quotas for each basic class of 
controlled substance in schedules I and II and for ephedrine, 
pseudoephedrine, and phenylpropanolamine to be manufactured each 
calendar year to provide for the estimated medical, scientific, 
research, and industrial needs of the United States, for lawful export 
requirements, and for the establishment and maintenance of reserve 
stocks.'' Further, 715 of CMEA amended21 U.S.C. 952 ``Importation of 
controlled substances'' by adding the same List I chemicals to the 
existing language in paragraph (a), and by adding a new paragraph (d) 
to read as follows:

    (a) Controlled substances in schedule I or II and narcotic drugs 
in schedule III, IV, or V; exceptions:
    It shall be unlawful to import into the customs territory of the 
United States from any place outside thereof (but within the United 
States), or to import into the United States from any place outside 
thereof, any controlled substance in schedule I or II of subchapter 
I of this chapter, or any narcotic drug in schedule III, IV, or V of 
subchapter I of this chapter, or ephedrine, pseudoephedrine, and 
phenylpropanolamine, except that--
    (1) such amounts of crude opium, poppy straw, concentrate of 
poppy straw, and coca leaves, and of ephedrine, pseudoephedrine, and 
phenylpropanolamine, as the Attorney General finds to be necessary 
to provide for medical, scientific, or other legitimate purposes, 
and * * *
    (d)(1) With respect to a registrant under section 958 who is 
authorized under subsection (a)(1) to import ephedrine, 
pseudoephedrine, or phenylpropanolamine, at any time during the year 
the registrant may apply for an increase in the amount of such 
chemical that the registrant is authorized to import, and the 
Attorney General may approve the application if the Attorney General 
determines that the approval is necessary to provide for medical, 
scientific, or other legitimate purposes regarding the chemical.


    Editor's Note: This excerpt of the amendment is published for 
the convenience of the reader. The official text is published at 21 
U.S.C. 952(a) and (d)(1).

    The 2008 Assessment of Annual Needs represents those quantities of 
ephedrine, pseudoephedrine, and phenylpropanolamine which may be 
manufactured domestically and/or imported into the United States in 
2008 to provide adequate supplies of each chemical for: the estimated 
medical, scientific, research, and industrial needs of the United 
States; lawful export requirements; and the establishment and 
maintenance of reserve stocks.
    On June 23, 2008, a notice entitled, ``Proposed Revised Assessment 
of Annual Needs for the List I Chemicals Ephedrine, Pseudoephedrine, 
and Phenylpropanolamine for 2008'' was published in the Federal 
Register (73 FR 35410). This notice proposed the revised 2008 
Assessment of Annual Needs for ephedrine (for sale), ephedrine (for 
conversion), pseudoephedrine (for sale), phenylpropanolamine (for sale) 
and phenylpropanolamine (for conversion). All interested persons were 
invited to comment on or object to the proposed assessments on or 
before July 23, 2008.
    DEA did not receive any comments or objections to the proposed 
revised Assessment of Annual Needs for the List I Chemicals Ephedrine, 
Pseudoephedrine, and Phenylpropanolamine for 2008. Therefore, under the 
authority vested in the Attorney General by Section 306 of the CSA (21 
U.S.C. 826), and delegated to the Administrator of the DEA by 28

[[Page 63733]]

CFR 0.100, and redelegated to the Deputy Administrator pursuant to 28 
CFR 0.104, the Deputy Administrator hereby orders that the Revised 2008 
Assessment of Annual Needs for ephedrine, pseudoephedrine, and 
phenylpropanolamine, expressed in kilograms of anhydrous acid or base, 
be established as follows:

------------------------------------------------------------------------
                                                              Final 2008
                                                              assessment
                      List I chemical                         of annual
                                                              needs (kg)
------------------------------------------------------------------------
Ephedrine (for sale).......................................       11,500
Ephedrine (for conversion).................................      128,760
Pseudoephedrine (for sale).................................      511,100
Phenylpropanolamine (for sale).............................        5,545
Phenylpropanolamine (for conversion).......................       85,470
------------------------------------------------------------------------

Regulatory Certifications

Regulatory Flexibility Act

    The Deputy Administrator hereby certifies that this action will not 
have a significant economic impact upon small entities whose interests 
must be considered under the Regulatory Flexibility Act, 5 U.S.C. 601-
612. The establishment of the assessment of annual needs for ephedrine, 
pseudoephedrine and phenylpropanolamine is mandated by law. The 
assessments are necessary to provide for the estimated medical, 
scientific, research and industrial needs of the United States, for 
lawful export requirements, and the establishment and maintenance of 
reserve stocks. Accordingly, the Deputy Administrator has determined 
that this action does not require a regulatory flexibility analysis.

Executive Order 12866

    The Office of Management and Budget has determined that notices of 
assessment of annual needs are not subject to centralized review under 
Executive Order 12866.

Executive Order 13132

    This action does not preempt or modify any provision of state law; 
nor does it impose enforcement responsibilities on any state; nor does 
it diminish the power of any state to enforce its own laws. 
Accordingly, this action does not have federalism implications 
warranting the application of Executive Order 13132.

Executive Order 12988

    This action meets the applicable standards set forth in Sections 
3(a) and 3(b)(2) of Executive Order 12988 Civil Justice Reform.

Unfunded Mandates Reform Act of 1995

    This action will not result in the expenditure by state, local, and 
tribal governments, in the aggregate, or by the private sector, of 
$120,000,000 or more in any one year, and will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Congressional Review Act

    This action is not a major rule as defined by Section 804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996. This action 
will not result in an annual effect on the economy of $100,000,000 or 
more; a major increase in costs or prices; or significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or on the ability of United States-based companies to 
compete with foreign-based companies in domestic and export markets.

    Dated: October 7, 2008.
Michele M. Leonhart,
Deputy Administrator.
 [FR Doc. E8-25452 Filed 10-24-08; 8:45 am]
BILLING CODE 4410-09-P
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