Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Notices 42691 

Abstract: CMEA mandates that retail 

sellers of scheduled listed chemical 

products maintain a written or 

electronic logbook of sales, retain a 

record of employee training, and 

complete a self-certification form 

verifying the training and compliance 

with CMEA provisions regarding retail 

sales of scheduled listed chemical 

products. 

(5) An estimate of the total number of 

respondents and the amount of time 

estimated for an average respondent to 

respond: It is estimated that 64,000 

persons are self-certified. It is estimated 

that 410,000 new employees of 

regulated sellers receive training 

regarding the requirements of the 

Combat Methamphetamine Epidemic 

Act of 2005 due to annual employee 

turnover. It is estimated that there are 

25.5 million transactions involving the 

sale of scheduled listed chemical 

products annually. The table below 

shows the activities and time burdens 

associated with this collection. 

Activity Unit burden hour Number of 

activities 

Total burden 

hours 

Training record ............................................................. 0.05 hour (3 minutes) ................................................... 410,000 20,500 

Self-certification ............................................................ 0.25 hour (15 minutes) ................................................. 64,000 16,000 

Transaction record ........................................................ 0.033 hour (2 minutes) ................................................. 25,500,000 850,000 

Customer time .............................................................. 0.033 hour (2 minutes) ................................................. 25,500,000 850,000 

Total ....................................................................... ....................................................................................... ........................ 1,736,500 

(6) An estimate of the total public 

burden (in hours) associated with the 

collection: It is estimated that there are 

1,736,500 annual burden hours 

associated with this collection. 

If additional information is required 

contact: Lynn Bryant, Department 

Clearance Officer, United States 

Department of Justice, Justice 

Management Division, Policy and 

Planning Staff, Patrick Henry Building, 

Suite 1600, 601 D Street, NW., 

Washington, DC 20530. 

Dated: August 18, 2009. 

Lynn Bryant, 

Department Clearance Officer, PRA, U.S. 

Department of Justice. 

[FR Doc. E9–20266 Filed 8–21–09; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

Federal Bureau of Investigation 

[OMB Number 1110–0026] 

Criminal Justice Information Services 

Division; National Instant Criminal 

Background Check System Section 

Agency Information Collection 

Activities: Existing Collection, 

Comments Requested 

ACTION: 30-day notice of information 

collection under review: Approval of an 

existing collection; Federal Firearms 

Licensee (FFL) Enrollment/National 

Instant Criminal Background Check 

System (NICS) Electronic Check (ECheck) Enrollment Form; Federal 

Firearms Licensee (FFL) Officer/ 

Employee Acknowledgment of 

Responsibilities Under the National 

Instant Criminal Background Check 

System (NICS) Form. 

The Department of Justice (DOJ), 

Federal Bureau of Investigation (FBI), 

Criminal Justice Information Services 

(CJIS) Division’s National Instant 

Criminal Background Check System 

(NICS) Section will be submitting the 

following information collection request 

to the Office of Management and Budget 

(OMB) for review and approval in 

accordance with the Paperwork 

Reduction Act of 1995. The proposed 

information collection is published to 

obtain comments from the public and 

affected agencies. This proposed 

information collection was previously 

published in the Federal Register 

(Volume, Number, Pages) on (DATE), 

allowing for a 60-day comment period. 

The purpose of this notice is to allow 

for an additional 30 days for public 

comment until September 23, 2009. 

This process is conducted in accordance 

with Title 5, Code of Federal 

Regulations (CFR), § 1320.10. 

Written comments and/or suggestions 

regarding the items contained in this 

notice, especially the estimated public 

burden and associated response time, 

should be directed to the Office of 

Management and Budget, Office of 

Information and Regulatory Affairs, 

Attention Department of Justice Desk 

Officer, Washington, DC 20503. 

Additionally, comments may be 

submitted to the OMB via facsimile to 

(202) 395–7285. 

Written comments and suggestions 

from the public and affected agencies 

concerning the proposed collection of 

information are encouraged. Your 

comments should address one or more 

of the following four points: 

(1) Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency/component, 

including whether the information will 

have practical utility; 

(2) Evaluate the accuracy of the 

agency’s/component’s estimate of the 

burden of the proposed collection of the 

information, including the validity of 

the methodology and assumptions used; 

(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(4) Minimize the burden of the 

collection of information on those who 

are to respond, including 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. 

Overview of This Information 

(1) Type of Information Collection: 

Approval of an existing collection. 

Title of the Forms: Federal Firearms 

Licensee (FFL) Enrollment/National 

Instant Criminal Background Check 

System (NICS) Electronic Check (ECheck) Enrollment Form; Federal 

Firearms Licensee (FFL) Officer/ 

Employee Acknowledgment of 

Responsibilities under the National 

Instant Criminal Background Check 

System (NICS) Form. 

(2) Agency Form Number, if any, and 

the applicable component of the 

department sponsoring the collection: 

Form Number: 1110–0026. 

Sponsor: Criminal Justice Information 

Services (CJIS) Division of the Federal 

Bureau of Investigation (FBI), 

Department of Justice (DOJ). 

(3) Affected Public who will be asked 

or required to respond, as well as a brief 

abstract: 

Primary: Any Federal Firearms 

Licensee (FFL) or State Point-of-Contact 

(POC) requesting access to conduct 

National Instant Criminal Background 

Check System (NICS) Checks 

telephonically or by the Internet 

through the NICS Electronic Check (ECheck). 

Brief Abstract: The Brady Handgun 

Violence Prevention Act of 1993, 


erowe on DSK5CLS3C1PROD with NOTICES
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 


erowe on DSK5CLS3C1PROD with NOTICES