Federal Register / Vol. 71, No. 161 / Monday, August 21, 2006 / Notices 48557 

be sent to DEA Headquarters, Attention: 

DEA Federal Register Representative/ 

ODL, 2401 Jefferson-Davis Highway, 

Alexandria, Virginia 22301; and must be 

filed no later than September 20, 2006. 

This procedure is to be conducted 

simultaneously with and independent 

of the procedures described in 21 CFR 

1301.34(b), (c), (d), (e) and (f). As noted 

in a previous notice published in the 

Federal Register on September 23, 1975, 

(40 FR 43745–46), all applicants for 

registration to import a basic class of 

any controlled substance listed in 

Schedule I or II are, and will continue 

to be required to demonstrate to the 

Deputy Assistant Administrator, Office 

of Diversion Control, Drug Enforcement 

Administration, that the requirements 

for such registration pursuant to 21 

U.S.C. 958(a), 21 U.S.C. 823(a), and 21 

CFR 1301.34(b), (c), (d), (e) and (f) are 

satisfied. 

Dated: August 14, 2006. 

Joseph T. Rannazzisi, 

Deputy Assistant Administrator, Office of 

Diversion Control, Drug Enforcement 

Administration. 

[FR Doc. E6–13727 Filed 8–18–06; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

Manufacturer of Controlled 

Substances; Notice of Registration 

By Notice dated April 18, 2006, and 

published in the Federal Register on 

April 25, 2006, (71 FR 23950), Noramco 

Inc., 1440 Olympic Drive, Athens, 

Georgia 30601, made application by 

renewal to the Drug Enforcement 

Administration (DEA) to be registered as 

a bulk manufacturer of the basic classes 

of controlled substances listed in 

Schedules I and II: 

Drug Schedule 

Codeine-N-oxide (9053) ............... I 

Morphine-N-oxide (9307) .............. I 

Amphetamine (1100) .................... II 

Codeine (9050) ............................. II 

Dihydrocodeine (9120) ................. II 

Oxycodone (9143) ........................ II 

Hydromorphone (9150) ................. II 

Hydrocodone (9193) ..................... II 

Morphine (9300) ........................... II 

Thebaine (9333) ........................... II 

Sufentanil (9740) .......................... II 

Fentanyl (9801) ............................. II 

The company plans to manufacture 

small quantities of the Schedule I 

controlled substances for internal 

testing; the Schedule II controlled 

substances will be manufactured in bulk 

for distribution to its customers. 

No comments or objections have been 

received. DEA has considered the 

factors in 21 U.S.C. 823(a) and 

determined that the registration of 

Noramco Inc. to manufacture the listed 

basic classes of controlled substances is 

consistent with the public interest at 

this time. DEA has investigated 

Noramco Inc. to ensure that the 

company’s registration is consistent 

with the public interest. The 

investigation has included inspection 

and testing of the company’s physical 

security systems, verification of the 

company’s compliance with state and 

local laws, and a review of the 

company’s background and history. 

Therefore, pursuant to 21 U.S.C. 823, 

and in accordance with 21 CFR 1301.33, 

the above named company is granted 

registration as a bulk manufacturer of 

the basic classes of controlled 

substances listed. 

Dated: August 14, 2006. 

Joseph T. Rannazzisi, 

Deputy Assistant Administrator, Office of 

Diversion Control, Drug Enforcement 

Administration. 

[FR Doc. E6–13724 Filed 8–18–06; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Implementing the Salary and Bonus 

Limitations in Public Law 109–234 

AGENCY: Employment and Training 

Administration, Labor. 

ACTION: Notice. 

SUMMARY: This notice provides 

information regarding implementing 

salary and bonus limitations in Public 

Law 109–234. It is directed to all 

Employment and Training 

Administration (ETA) grantees, 

contractors and other recipients of ETA 

appropriated funds. The purpose of this 

Notice is to inform States and other 

ETA-fund recipients and sub-recipients 

of a new limitation on salary and bonus 

payments that can be made with funds 

appropriated to ETA and provide 

guidance on implementing this new 

provision. 

SUPPLEMENTARY INFORMATION: 

I. References 

Public Law 109–234. 

II. Background 

On June 15, 2006, President Bush 

signed into law an emergency 

supplemental appropriations bill, Public 

Law 109–234. Section 7013 of this 

public law limits salary and bonus 

compensation for individuals who are 

paid by funds appropriated to the 

Employment and Training 

Administration and provided to 

recipients and sub-recipients. 

Specifically, section 7013 states: 

None of the funds appropriated in Public 

Law 109–149 or prior Acts under the heading 

‘‘Employment and Training’’ that are 

available for expenditure on or after the date 

of enactment of this section shall be used by 

a recipient or subrecipient of such funds to 

pay the salary and bonuses of an individual, 

either as direct costs or indirect costs, at a 

rate in excess of Executive Level II, except as 

provided for under section 101 of Public Law 

109–149. This limitation shall not apply to 

vendors providing goods and services as 

defined in OMB Circular A–133. Where 

States are recipients of such funds, States 

may establish a lower limit for salaries and 

bonuses of those receiving salaries and 

bonuses from subrecipients of such funds, 

taking into account factors including the 

relative cost-of-living in the State, the 

compensation levels for comparable State or 

local government employees, and the size of 

the organizations that administer Federal 

programs involved including Employment 

and Training Administration programs. 

III. Policy Guidance 

This policy guidance provides the 

workforce investment system with 

information on programs that are 

impacted by this provision; the effective 

date and cycles of funding that are 

impacted; covered individuals and 

transactions; the application of the 

limitation; related grant and contract 

modifications; action required; and 

where to direct inquiries. 

IV. Programs Impacted by This 

Provision 

The new salary and bonus limitation 

applies to all programs and activities 

undertaken through grants and contracts 

funded by an appropriation to ETA. 

Therefore, this limitation applies to all 

programs administered by ETA, unless 

the program falls within an exception 

outlined below. 

The salary and bonus limitation also 

applies to programs funded by an ETA 

appropriation, but administered by 

another agency. For example, certain 

programs funded by ETA appropriations 

are administered by the Department of 

Labor’s Veterans Employment and 

Training Service or the Department of 

the Interior. ETA will inform agencies 

which administer such programs of this 

new requirement. Any questions should 

be directed to the administering agency. 

A recipient or sub-recipient may 

receive funds from ETA that are a 

combination of funds appropriated to 

ETA and funds that are not appropriated 

to ETA. In this situation, the limitations 


hsrobinson on PROD1PC72 with NOTICES
48558 Federal Register / Vol. 71, No. 161 / Monday, August 21, 2006 / Notices 

of section 7013 as described in this 

TEGL apply to the portion of the 

funding that is appropriated to ETA. 

Exceptions: This limitation does not 

apply to programs funded by H–1B 

grant funds. These funds are received 

from employer paid fees and are not 

appropriated. Therefore, the programs 

they fund are not covered by the salary 

and bonus limitation. Examples of such 

programs include activities funded 

through the WIRED Initiative and some 

High Growth Job Training Initiative 

grants. 

The limitation also does not apply to 

the Disaster Unemployment Assistance 

(DUA) program. These funds are 

appropriated to the Federal Emergency 

Management Agency (FEMA) and 

transferred to ETA. 

WIA incentive grants financed only 

through Department of Education 

appropriations are not covered by this 

limitation. 

Public Law 109–234 specifically 

states that it does not change the 

limitations that Public Law 109–149 

section 101 previously set for 

individuals paid through the Job Corps 

program. These limitations are still in 

effect. Questions concerning the 

applicability of the new provision to 

any Job Corps funds should be directed 

to Job Corps officials. 

Any limitation on payments to 

individuals contained in grants or 

contracts with ETA which are more 

restrictive than Public Law 109–234 are 

not changed by Public Law 109–234. 

For example, any limitation on 

consultant fees in grants or contracts are 

generally more restrictive than the 

limitations in Public Law 109–234, 

when broken down as an hourly rate, 

and will continue to apply. 

V. Effective Date and Funding Cycles 

Impacted 

The limitation on salaries and 

bonuses applies to funds appropriated 

in Fiscal Year 2006 under Public Law 

109–149 and prior year appropriation 

funds under the heading ‘‘Employment 

and Training’’ that remain available for 

expenditure. It applies to funds that are 

available for expenditure on or after 

June 15, 2006. It does not apply to funds 

expended before June 15, 2006. 

VI. Covered Individuals and 

Transactions 

The provision in Public Law 109–234 

limits the use of funds used by a 

recipient or sub-recipient to pay for 

salary and bonuses of an individual. 

Examples of recipients include entities 

and their funded partners that receive 

contracts and grants from ETA. 

Examples of sub-recipients include subcontractors or sub-grantees. Any salary 

or bonus payments made by a recipient 

or a sub-recipient to an individual are 

covered by this limitation. This 

limitation applies to such payments 

regardless of whether they are paid as a 

direct or an indirect cost. 

However, according to the law this 

limitation does not apply to ‘‘vendors’’

as defined in OMB Circular A–133. A 

vendor means a dealer, distributor, 

merchant, or other seller providing 

goods or services that are required for 

the conduct of a Federal program. 

Characteristics indicative of a payment 

for goods and services received by a 

vendor are when the organization: (1) 

Provides the goods and services within 

normal business operations; (2) Provides 

similar goods or services to many 

different purchasers; (3) Operates in a 

competitive environment; (4) Provides 

goods or services that are ancillary to 

the operation of the Federal program; 

and (5) Is not subject to compliance 

requirements of the Federal program. 

For example, an office supply 

business that provides ‘‘off the shelf’’

paper, printers, computers, software, 

etc. to other businesses, individuals, as 

well as to grant programs would be a 

vendor. Also, a training institution 

which provides one of its accounting 

courses/classes to any interested 

individual as well as to clients of an 

ETA funded grant program is acting as 

a vendor. However, when that same 

training institution develops and 

delivers a training course specifically 

for an ETA funded program it is acting 

as a sub-recipient even if others are 

allowed to attend and pay for the 

course/class at the institution’s tuition 

rate. 

VII. Application of the Limitation 

The law sets the limit on salaries and 

bonuses at a rate equivalent to no more 

than Executive Level II. A salary table 

providing this rate is listed on the 

Federal Office of Personnel Management 

Web site (http://www.opm.gov) under 

Federal Salaries & Wages. These levels 

are adjusted annually and the Web site 

is updated annually. For FY 2006, the 

limit is set at $165,200. The Public Law 

109–234 limitation does not apply to 

benefits that are not salary and bonuses. 

For example, fringe benefits, insurance 

premiums or pension plans paid by a 

recipient or sub-recipient are not 

included in this calculation. 

Individuals can receive payments 

from funds not impacted by section 

7013 in addition to funds that are 

impacted by 7013. For example an 

entity may receive funds from other 

Federal programs, from the State, from 

municipalities, or even private funds. In 

those instances the total sum of any 

employee’s salary and bonuses may be 

higher than Executive Level II. 

However, in instances where funds 

impacted by section 7013 only pay a 

portion of the salary, the section 7013- 

impacted funds may only be charged for 

the share of the employee’s salary 

attributable to the work on the section 

7013-impacted grant or contract. That 

portion cannot exceed the Executive 

Level II rate. For example, if 25 percent 

of an employee’s time is attributable to 

work performed under grants covered 

by the provision and the annual 

Executive Level II amount is $165,200, 

no more than $41,300 can be charged to 

ETA during the year. 

If not already done, all affected 

recipients or sub-recipients must 

implement these requirements 

retroactively to the date of enactment, 

June 15, 2006. This provision means 

that salary payments will need to be 

adjusted back to June 15, 2006. 

Bonuses: The restriction applies to 

both salaries and bonuses. The sum of 

all bonuses received over the previous 

12-month period when added to the 

employee’s salary may not at any time 

exceed the limitation. For example, an 

employee paid at a $162,000 may not 

receive bonuses in any 12-month period 

that exceeds $3,200, assuming the 

limitation of $165,200. 

When States are the recipients of the 

funds, States can set a limit below 

Executive Level II for salaries paid by 

sub-recipients. However, States should 

take the factors listed in section 7013 

into account when re-designating the 

limit. 

VIII. Grant and Contract Modifications 

Please be advised ETA will modify 

appropriate grants and contracts to 

conform to the new requirements of 

Public Law 109–234. 

IX. Action Required 

All recipients of ETA appropriated 

funds should become familiar with the 

requirements of Public Law 109–234. 

States shall inform all staff, subrecipients (sub-grantees and contractors) 

and Local Workforce Investment Boards 

of the contents of these instructions. 

Discretionary grantees should similarly 

familiarize themselves, their subrecipients (sub-grantees and subcontractors) with this guidance. If not 

already done, all affected ETA fund 

recipients or sub-recipients must 

implement these new requirements 

retroactively to the date of enactment, 

June 15, 2006. 


hsrobinson on PROD1PC72 with NOTICES
Federal Register / Vol. 71, No. 161 / Monday, August 21, 2006 / Notices 48559 

X. Inquiries 

States, discretionary grantees and 

other ETA appropriated fund recipients 

should direct all inquiries to their Grant 

Officer, Contract Officer or Federal 

Project Officer. 

This information is also released in 

the form of a Training Employment 

Guidance Letter (TEGL) which is 

available at http://wdr.doleta.gov/ 

directives/. 

(Authority: 20 CFR 661.110) 

Signed at Washington, DC, this 15th day of 

August, 2006. 

Emily Stover DeRocco, 

Assistant Secretary, Employment and 

Training Administration, Labor. 

[FR Doc. 06–7056 Filed 8–18–06; 8:45 am] 

BILLING CODE 4510–30–P 

MILLENNIUM CHALLENGE 

CORPORATION 

[MCC FR 06–13] 

Notice of Entering Into a Compact With 

the Government of the Republic of 

Benin; Correction 

AGENCY: Millennium Challenge 

Corporation. 

ACTION: Notice; correction. 

SUMMARY: In accordance with Section 

610(b)(2) of the Millennium Challenge 

Act of 2003 (Pub. L. 108–199, Division 

D), the Millennium Challenge 

Corporation (MCC) published a 

summary and the complete text of the 

Millennium Challenge Compact 

between the United States of America, 

acting through the Millennium 

Challenge Corporation, and the 

Government of the Republic of Benin, 

dated February 22, 2006 (the 

‘‘Compact’’). The complete text of the 

Compact contained incorrect figures in 

Exhibit A to Annex II. 

FOR FURTHER INFORMATION CONTACT: 

Maura Griffin, 202–521–3867. 

Correction 

In the Federal Register of March 13, 

2006, in FR Doc. 06–2252, on pages 

12979–12980, replace ‘‘Exhibit A.—

Multi-Year Financial Plan Summary’’

with the following: 

EXHIBIT A.—MULTI-YEAR FINANCIAL PLAN SUMMARY

Project Year 1 Year 2 Year 3 Year 4 Year 5 Total 

1. Access to Land 

(a) Policy Activity ............................ 520,000 260,000 520,000 0 0 1,300,000 

(b) Registration Activity .................. 3,310,000 6,550,000 4,605,000 4,375,000 4,320,000 23,160,000 

(c) Services and Information Activity 1 .............................................. 510,000 3,350,000 3,205,000 2,775,000 620,000 10,460,000 

(d) IEC Activity ............................... 100,000 150,000 100,000 100,000 50,000 500,000 

(e) Support Strategy Activity .......... 120,000 120,000 120,000 120,000 120,000 600,000 

Sub-Total .................................... 4,560,000 10,430,000 8,550,000 7,370,000 5,110,000 36,020,000 

2. Access to Financial Services 

(a) Capacity Building Activity ......... 1,770,000 3,570,000 3,870,000 3,570,000 270,000 13,050,000 

(b) Financial Enabling Environment 

Activity ......................................... 1,380,000 1,850,000 1,540,000 1,140,000 690,000 6,600,000 

Sub-Total .................................... 3,150,000 5,420,000 5,410,000 4,710,000 960,000 19,650,000 

3. Access to Justice 

(a) Arbitration Center (CAMeC) Activity ............................................. 400,000 160,000 140,000 180,000 0 880,000 

(b) Business Registration Activity .. 470,000 830,000 330,000 200,000 0 1,830,000 

(c) Courts Activity 2, 3 ...................... 2,960,000 6,860,000 8,590,000 6,590,000 6,560,000 31,560,000 

Sub-Total .................................... 3,830,000 7,850,000 9,060,000 6,970,000 6,560,000 34,270,000 

4. Access to Markets 

(a) Studies Activity ......................... 5,993,000 2,101,000 0 0 0 8,094,000 

(b) Port Institutional Activity ........... 3,251,000 4,876,000 1,196,000 980,000 1,016,000 11,319,000 

(c) Port Security and Landside Improvements Activity 4 .................. 200,000 23,154,000 42,158,000 8,151,000 200,000 73,863,000 

(d) Waterside Improvements Activity 5 .............................................. 0 0 22,939,000 53,232,000 0 76,171,000 

Sub-Total .................................... 9,444,000 30,131,000 66,293,000 62,363,000 1,216,000 169,447,000 

Monitoring and Evaluation ................. 3,190,000 1,690,000 1,240,000 1,240,000 1,420,000 8,780,000 

Sub-Total .................................... 3,190,000 1,690,000 1,240,000 1,240,000 1,420,000 8,780,000 

Program Administration and Control 

(a) Program Administration 6 .......... 3,395,000 2,795,000 2,933,000 2,919,000 3,015,000 15,057,000 

(b) Fiscal and Procurement Agent 3,398,688 3,398,688 3,398,688 3,398,688 3,398,688 16,993,440 

(c) Audits ........................................ 1,416,120 1,416,120 1,416,120 1,416,120 1,416,120 7,080,600 

Sub-Total 7 .................................. 8,209,808 7,609,808 7,747,808 7,733,808 7,829,808 39,131,040 

Total Estimated MCC Contribution 8 .......................... 32,383,808 63,130,808 98,300,808 90,386,808 23,095,808 307,298,040 

1 MCC Disbursements in connection with this Activity shall be conditioned upon, among others, the completion, satisfactory to MCC, of the relevant studies in Policy Activity and incorporation of the recommendations into implementation plans as appropriate. 2After the first $1 million for the legal aid services sub-activity described in Section 2(c)(iv) of Schedule 3 to Annex I, any additional MCC Disbursement for this sub-activity shall be conditioned upon the Government obtaining matching funds to support the legal aid services program described in Section 2(c)(iv) of Schedule 3 of Annex I. 


hsrobinson on PROD1PC72 with NOTICES