42692 Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Notices 

1Novelty did, however, request a hearing on the 

Suspension Order. On August 17, 2007, I denied 

Novelty’s request. See 72 FR 49316 (2007). 

2Because Novelty’s registration was immediately 

suspended, my review of the Order to Suspend 

Shipment was held in abeyance pending the 

issuance of the final order in Novelty and judicial 

review of it. 

required the United States Attorney 

General to establish a national instant 

criminal background check system that 

any Federal Firearms Licensee (FFL) 

may contact, by telephone or by other 

electronic means for information to be 

supplied immediately, on whether 

receipt of a firearm to a prospective 

purchaser would violate state or federal 

law. Information pertaining to licensees 

who may contact the NICS is being 

collected to manage and control access 

to the NICS and to the NICS E-Check, 

to ensure appropriate resources are 

available to support the NICS, and also 

to ensure the privacy and security of 

NICS information. 

(4) An estimate of the total number of 

respondents and the amount of time 

estimated for an average respondent to 

respond: 

It is estimated that 500 Federal 

Firearms Licensees (FFLs) enroll with 

the NICS per month for a total of 6,000 

enrollments per year. The average 

response time for reading the directions 

for the Federal Bureau of Investigation 

National Instant Criminal Background 

Check System (NICS) Federal Firearms 

Licensee (FFL) Enrollment/NICS 

Electronic Check (E-Check) Enrollment 

Form is estimated to be two minutes; 

time to complete the form is estimated 

to be three minutes; and the time it 

takes to assemble, mail, or fax the form 

to the FBI is estimated to be three 

minutes, for a total of eight minutes. 

The average hour burden for this 

specific form is 6,000 × 8 minutes/60 = 

800 hours. The Federal Firearms 

Licensee (FFL) Officer/Employee 

Acknowledgment of Responsibilities 

Under the National Instant Criminal 

Background Check System (NICS) Form 

takes approximately three minutes to 

read the responsibilities and two 

minutes to complete the form, for a total 

of five minutes. The average hour 

burden for this specific form is 6,000 × 

5 minutes/60 = 500 hours. 

The accompanying letter mailed with 

the packet takes an additional two 

minutes to read which would be 6,000 

× 2 minutes/60 = 200 hours. 

The entire process of reading the 

letter and completing both forms would 

take 15 minutes per respondent. The 

average hour burden for completing 

both forms and reading the 

accompanying letter would be 6,000 × 

15/60 = 1,500 hours. 

(5) An estimate of the total public 

burden (in hours) associated with the 

collection: 

The entire process of reading the 

letter and completing both forms would 

take 15 minutes per respondent. The 

average hour burden for completing 

both forms and reading the 

accompanying letter would be 6,000 × 

15/60 = 1,500 hours. 

If additional information is required, 

contact: Ms. Lynn Bryant, Department 

Clearance Officer, United States 

Department of Justice, Information 

Management and Security Staff, Justice 

Management Division, Suite 1600, 

Patrick Henry Building, 601 D Street, 

NW., Washington, DC 20530. 

Dated: August 18, 2009. 

Lynn Bryant, 

Department Clearance Officer, PRA, United 

States Department of Justice. 

[FR Doc. E9–20167 Filed 8–21–09; 8:45 am] 

BILLING CODE 4410–02–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

Spirit Pharmaceuticals, L.L.C.; 

Dismissal of Proceeding 

On June 22, 2007, I, the Deputy 

Administrator of the Drug Enforcement 

Administration, issued an Order to 

Suspend Shipment (hereinafter, 

Suspension Order) to Spirit 

Pharmaceuticals, L.L.C. (Respondent), of 

Fairless Hills, Pennsylvania. Suspension 

Order at 1. The Order suspended 

Respondent’s proposed importation of 

2,000 kilograms of ephedrine 

hydrochloride from Emmellen Biotech 

Pharmaceuticals, Ltd., of Mumbai, 

India, on the ground that the product 

‘‘may be diverted’’ to the illicit 

manufacture of methamphetamine, a 

schedule II controlled substance. Id. at 

3; see also 21 U.S.C. 971(c). 

The Suspension Order alleged that 

Respondent had identified AAA 

Pharmaceutical, Inc. (AAA), on its 

Import Declaration (DEA Form 486) as 

the customer for the product. Id. at 2. 

The Order also alleged that in a 

telephone conversation, a 

‘‘representative of AAA stated that the 

ephedrine was to be manufactured into 

tablets, packaged, and sold to Novelty, 

Inc.’’ Id. Finally, the Order alleged that 

Novelty, Inc., distributed over-thecounter products containing ephedrine 

to entities such as gas stations and 

convenience stores, id. at 3, that these 

outlets sell ephedrine products ‘‘in 

quantities that exceed what would be 

necessary to meet legitimate demand,’’ 

and that the products ‘‘are often sold to 

persons for use in the illicit 

manufacture of methamphetamine.’’ Id. 

at 2. 

Neither Respondent nor AAA 

requested a hearing on the allegations.1

The record was then forwarded to me 

for final agency action. 

On January 17, 2008, I also issued an 

Order to Show Cause and Immediate 

Suspension of Registration to Novelty.2

On September 3, 2008, following a 

hearing, I ordered the revocation of 

Novelty’s registration as a distributor of 

list I chemicals and the denial of any 

applications it had pending before the 

Agency. See Novelty Distributors, Inc., 

73 FR 52689, 52704 (2008). 

Shortly thereafter, Novelty filed a 

Petition for Review in the U.S. Court of 

Appeals for the District of Columbia 

Circuit. On June 22, 2009, the Court of 

Appeals issued a Per Curiam Order 

denying Novelty’s Petition for Review. 

See Novelty, Inc., v. DEA, 2009 WL 

1930184, *1 (D.C. Cir. June 22, 2009). 

Moreover, on July 28, 2009, the Court of 

Appeals denied Novelty’s Petitions for 

Rehearing and Rehearing En Banc. See 

Novelty, Inc., v. DEA, No. 08–1296 (D.C. 

Cir. Filed July 28, 2009) (order denying 

rehearing and order denying rehearing 

en banc). 

As noted above, the Suspension Order 

was based on Respondent’s intended 

distribution of the ephedrine to AAA, 

which sought the ephedrine for the 

purpose of manufacturing ephedrine 

products for Novelty. The Court of 

Appeals, however, has now upheld the 

Agency’s Final Order revoking Novelty’s 

registration. Because Novelty lacks 

authority under Federal law to 

distribute ephedrine products, I 

conclude that this case is now moot. Cf. 

Board of License Comm’rs v. Pastore, 

469 U.S. 238, 239 (1985) (per curiam). 

Accordingly, this proceeding is 

dismissed. 

It is so ordered. 

Dated: August 12, 2009. 

Michele M. Leonhart, 

Deputy Administrator. 

[FR Doc. E9–20335 Filed 8–21–09; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Submission for OMB Review: 

Comment Request 

August 18, 2009. 

The Department of Labor (DOL) 

hereby announces the submission of the 

following public information collection 

request (ICR) to the Office of 


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Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Notices 42693 

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; 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 http://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 

Department of Labor—Employee 

Benefits Security Administration 

(EBSA), Office of Management and 

Budget, Room 10235, Washington, DC 

20503, Telephone: 202–395–7316 / Fax: 

202–395–5806 (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 a currently approved 

collection. 

Title of Collection: Notice 

Requirements of the Health Care 

Continuation Coverage Provisions. 

OMB Control Number: 1210–0123. 

Affected Public: Businesses or other 

for-profits. 

Estimated Number of Respondents: 

593,000. 

Total Estimated Annual Burden 

Hours: 0. 

Total Estimated Annual Costs Burden 

(excludes hourly wage costs): 

$34,500,473. 

Description: On February 17, 2009, 

President Obama signed the American 

Recovery and Reinvestment Act (ARRA) 

of 2009, Public Law 111–5. ARRA 

includes a requirement that the 

Secretary of Labor (the Secretary), in 

consultation with the Secretaries of the 

Treasury and Health and Human 

Services, develop model notices. These 

models are for use by group health plans 

and other entities that, pursuant to 

ARRA, must provide notices of the 

availability of premium reductions and 

additional election periods for health 

care continuation coverage. For 

additional information, see related 

notice published at Vol. 74 FR 24040 on 

May 22, 2009. 

Darrin A. King, 

Departmental Clearance Officer. 

[FR Doc. E9–20190 Filed 8–21–09; 8:45 am] 

BILLING CODE 4510–29–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Submission for OMB Review: 

Comment Request 

August 18, 2009. 

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 

website at http://www.reginfo.gov/

public/do/PRAMain or by contacting 

Mary Beth Smith-Toomey on 202–693– 

4223 (this is not a toll-free number)/email: 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 

Department of Labor—ESA, Office of 

Management and Budget, Room 10235, 

Washington, DC 20503, Telephone: 

202–395–7316/Fax: 202–395–5806 

(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: Employment Standards 

Administration. 

Type of Review: Revision of a 

currently approved collection. 

Title of Collection: Health Insurance 

Claim Form. 

OMB Control Number: 1215–0055. 

Agency Form Number: OWCP–1500. 

Affected Public: Private Sector, 

Businesses and other for-profits. 

Total Estimated Number of 

Respondents: 749,104. 

Total Estimated Annual Burden 

Hours: 359,359. 

Total Estimated Annual Costs Burden 

(does not include hour costs): $0. 

Description: Form OWCP–1500 is 

used by OWCP and contractor bill 

payment staff to process bills for 

medical services provided by medical 

professionals other than medical 

services provided by hospitals, 

pharmacies and certain other medical 

providers. OWCP is adding the data 

elements National Provider Identifier 

(NPI) and taxonomy number, which will 

be 32a and 33a on the revised OWCP– 

1500. This information is required to 

pay health care providers for services 

rendered to injured employees covered 

under the Office of Worker’s 

Compensation Programs—administered 

programs. Appropriate payment cannot 

be made without documentation of the 

medical services that were provided by 

the health care provider that is billing 

OWCP. The information obtained to 

complete claims under these programs 

is used to identify the patient and 

determine their eligibility. It is also used 


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