9974 Federal Register / Vol. 72, No. 43 / Tuesday, March 6, 2007 / Notices 

5See OTC Distribution Co., 68 FR 70538, 70541 

(2003) (noting ‘‘over 20 different seizures of [gray 

market distributor’s] pseudoephedrine product at 

clandestine sites,’’ and that in eight-month period 

distributor’s product ‘‘was seized at clandestine 

laboratories in eight states, with over 2 million 

dosage units seized in Oklahoma alone.’’); MDI 

Pharmaceuticals, 68 FR 4233, 4236 (2003) (finding 

that ‘‘pseudoephedrine products distributed by 

[gray market distributor] have been uncovered at 

numerous clandestine methamphetamine settings 

throughout the United States and/or discovered in 

the possession of individuals apparently involved 

in the illicit manufacturer of methamphetamine’’). 

at 52161; D & S Sales, 71 FR at 37609; 

Branex, Inc., 69 FR at 8690–92. DEA has 

further found that there is a substantial 

risk of diversion of list I chemicals into 

the illicit manufacture of 

methamphetamine when these products 

are sold by non-traditional retailers. See, 

e.g., Joy’s Ideas, 70 FR at 33199 (finding 

that the risk of diversion was ‘‘real’’ and 

‘‘substantial’’); Jay Enterprises, Inc., 70 

FR 24620, 24621 (2005) (noting 

‘‘heightened risk of diversion’’ should 

application be granted). 

DEA orders thus recognize that the 

sale of combination ephedrine (and 

pseudoephedrine) products by nontraditional retailers is an area of 

particular concern in preventing 

diversion of these products into the 

illicit manufacture of 

methamphetamine. See, e.g., Joey 

Enterprises, Inc., 70 FR 76866, 76867 

(2005). As Joey Enterprises explains, 

‘‘[w]hile there are no specific 

prohibitions under the Controlled 

Substances Act regarding the sale of 

listed chemical products to [gas stations 

and convenience stores], DEA has 

nevertheless found that [these entities] 

constitute sources for the diversion of 

listed chemical products.’’ Id. See also 

TNT Distributors, 70 FR 12729, 12730 

(2005) (special agent testified that ‘‘80 to 

90 percent of ephedrine and 

pseudoephedrine being used [in 

Tennessee] to manufacture 

methamphetamine was being obtained 

from convenience stores’’).5 Here, nearly 

all of Respondent’s customers are 

convenience stores and gas stations, 

which are non-traditional retailers of list 

I chemical products; DEA has 

repeatedly found that these entities are 

conduits for the diversion of list I 

products into the illicit manufacture of 

methamphetamine. 

Relatedly, DEA has repeatedly 

revoked the registrations of list I 

chemical distributors who supplied the 

non-traditional market for selling 

quantities of products that clearly 

exceeded legitimate demand and were 

likely diverted into the illicit 

manufacture of methamphetamine. See 

T. Young Associates, Inc., 71 FR at 

60572–73; D & S Sales, 71 FR at 37611–

12; Joy’s sIdeas, 70 FR at 33198–99; 

Branex, Inc., 69 FR at 8693–96. Most 

significantly, the investigative file 

establishes that Respondent distributed 

combination ephedrine products in 

quantities that far exceeded legitimate 

consumer demand for these products as 

an asthma treatment. 

The representative sampling of 

Respondent’s customers showed that 

the lowest average estimated monthly 

retail sale per store was $ 1045; four of 

the stores had average monthly retail 

sales of more than $ 1500. Moreover, the 

average estimated monthly sale for all 

stores in the sample was $ 1414. These 

figures grossly exceed the monthly 

expected sales range of $ 0 to $ 25 (with 

an average of $ 12.58) by convenience 

stores to meet legitimate demand for 

these products. See T. Young, 71 FR at 

60568; D & S Sales, 71 FR at 37609. 

Indeed, as found above, a monthly 

retail sale of $ 60 of ephedrine products 

at a convenience store should ‘‘occur 

about once in a million times in random 

sampling.’’ T. Young, 71 FR at 60568. 

The $ 1414 average monthly retail sale 

for all nine stores is more than twentythree times this amount. Moreover, this 

figure is an average for these stores over 

a five-month period. It is thus 

considerably more improbable than a 

one in a million probability that 

Respondent’s products were being 

purchased to meet legitimate demand. 

I therefore conclude that the only 

plausible explanation for these 

extraordinary sales is that Respondent’s 

products were being diverted into the 

illicit manufacture of 

methamphetamine. See T. Young, 71 FR 

at 60572; D & S Sales, 71 FR at 37611 

(finding diversion occurred ‘‘[g]iven the 

near impossibility that * * * sales were 

the result of legitimate demand’’); Joy’s 

Ideas, 70 FR at 33198 (finding diversion 

occurred in the absence of ‘‘a plausible 

explanation in the record for this 

deviation from the expected norm’’). 

Moreover, because the purpose of the 

CSA’s registration provisions is to 

protect the public interest, it is 

irrelevant whether Respondent knew 

that its products were being diverted. T. 

Young, 71 FR at 60572. 

‘‘The diversion of list I chemicals into 

the illicit manufacture of 

methamphetamine poses the same 

threat to public health and safety 

whether a registrant sell the products 

knowing they will be diverted, sells 

them with a reckless disregard for the 

diversion, or sells them being totally 

unaware that the products were being 

diverted.’’ Id. (citing D & S Sales, 71 FR 

at 37610–12, & Joy’s Ideas, 70 FR at 

33198). As I have previously noted 

(albeit in a revocation proceeding), the 

public interest standard does not require 

that the Government prove that a 

registrant acted with any particular 

mens rea in order to support a finding 

that diversion has occurred. T. Young, 

71 FR at 60572. The same rule applies 

to an applicant who has previously 

engaged in the distribution of list I 

products. Accordingly, where, as here, 

substantial quantities of products have 

been diverted, adverse findings are 

warranted under factors four and five 

even if Respondent’s owner was 

unaware that its products were being 

diverted. I therefore hold that granting 

Respondent’s application would be 

inconsistent with the public interest. 

Order 

Accordingly, pursuant to the 

authority vested in me by 21 U.S.C. 

823(h), as well as 28 CFR 0.100(b) & 

0.104, I order that the application of MK 

Distributing, Inc., for a DEA Certificate 

of Registration as a distributor of list I 

chemicals, be, and it hereby is, denied. 

This order is effective April 5, 2007. 

Dated: February 23, 2007. 

Michele M. Leonhart, 

Deputy Administrator. 

[FR Doc. E7–3857 Filed 3–5–07; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF LABOR 

Employment Standards Administration 

Proposed Collection; Comment 

Request 

ACTION: Notice. 

SUMMARY: The Department of Labor, as 

part of its continuing effort to reduce 

paperwork and respondent burden, 

conducts a preclearance consultation 

program to provide the general public 

and Federal agencies with an 

opportunity to comment on proposed 

and/or continuing collections of 

information in accordance with the 

Paperwork Reduction Act of 1995 

(PRA95) [44 U.S.C. 3506(c)(2)(A)]. This 

program helps to ensure that requested 

data can be provided in the desired 

format, reporting burden (time and 

financial resources) is minimized, 

collection instruments are clearly 

understood, and the impact of collection 

requirements on respondents can be 

properly assessed. Currently, the 

Employment Standards Administration 

is soliciting comments concerning the 

proposed collection: Notice of Law 

Enforcement Officer’s Injury or 

Occupational Disease (CA–721) and 

Notice of Law Enforcement Officer’s 

Death (CA–722). A copy of the proposed 


cprice-sewell on PROD1PC67 with NOTICES
Federal Register / Vol. 72, No. 43 / Tuesday, March 6, 2007 / Notices 9975 

information collection request can be 

obtained by contacting the office listed 

below in the addresses section of this 

Notice. 

DATES: Written comments must be 

submitted to the office listed in the 

addresses section below on or before 

May 7, 2007. 

ADDRESSES: Ms. Hazel M. Bell, U.S. 

Department of Labor, 200 Constitution 

Ave., NW., Room S–3201, Washington, 

DC 20210, telephone (202) 693–0418, 

fax (202) 693–1451, e-mail: 

bell.hazel@dol.gov. Please use only one 

method of transmission for comments 

(mail, fax, or e-mail). 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Office of Workers’ Compensation 

Programs (OWCP) administers the 

Federal Employees’ Compensation Act 

(FECA). The Act provides that nonFederal law enforcement officers and/or 

their survivors injured or killed under 

certain circumstances are entitled to 

benefits of the Act to the same extent as 

employees in the Federal government. 

The Notice of Law Enforcement 

Officer’s Injury or Occupational Disease 

(CA–721) and the Notice of Law 

Enforcement Officer’s Death (CA–722) 

are the forms used by non-Federal law 

enforcement officers and their survivors 

to claim compensation under FECA. 

This information collection is currently 

approved for use through August 31, 

2007. 

II. Review Focus 

The Department of Labor 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 submissions 

of responses. 

III. Current Actions 

The Department of Labor seeks the 

extension of approval to collect this 

information to determine eligibility for 

benefits. 

Type of Review: Extension. 

Agency: Employment Standards 

Administration. 

Title: Notice of Law Enforcement 

Officer’s Injury or Occupational Disease 

(CA–721), Notice of Law Enforcement 

Officer’s Death (CA–722). 

OMB Number: 1215–0116. 

Agency Number: CA–721 and CA–

722. 

Affected Public: Individuals or 

Households; Business or other for-profit; 

State, Local or Tribal Government. 

Total Respondents: 30. 

Total Annual Responses: 30. 

Average Time per Response: 60 to 90 

minutes. 

Estimated Total Burden Hours: 40. 

Frequency: On occasion. 

Total Burden Cost (capital/startup): 

$0. 

Total Burden Cost (operating/ 

maintenance): $12.60. 

Comments submitted in response to 

this notice will be summarized and/or 

included in the request for Office of 

Management and Budget approval of the 

information collection request; they will 

also become a matter of public record. 

Ruben Wiley, 

Chief, Branch of Management Review and 

Internal Control, Division of Financial 

Management, Office of Management, 

Administration and Planning, Employment 

Standards Administration. 

[FR Doc. E7–3865 Filed 3–5–07; 8:45 am] 

BILLING CODE 4510–CH–P 

DEPARTMENT OF LABOR 

Employment Standards Administration 

Proposed Collection; Comment 

Request 

ACTION: Notice. 

SUMMARY: The Department of Labor, as 

part of its continuing effort to reduce 

paperwork and respondent burden, 

conducts a preclearance consultation 

program to provide the general public 

and Federal agencies with an 

opportunity to comment on proposed 

and/or continuing collections of 

information in accordance with the 

Paperwork Reduction Act of 1995 

(PRA95) [44 U.S.C. 3506(c)(2)(A)]. This 

program helps to ensure that requested 

data can be provided in the desired 

format, reporting burden (time and 

financial resources) is minimized, 

collection instruments are clearly 

understood, and the impact of collection 

requirements on respondents can be 

properly assessed. Currently, the 

Employment Standards Administration 

is soliciting comments concerning the 

proposed collection: Survivor’s Form for 

Benefits (CM–912). A copy of the 

proposed information collection request 

can be obtained by contacting the office 

listed below in the addresses section of 

this Notice. 

DATES: Written comments must be 

submitted to the office listed in the 

addresses section below on or before 

May 7, 2007. 

ADDRESSES: Ms. Hazel M. Bell, U.S. 

Department of Labor, 200 Constitution 

Ave., NW., Room S–3201, Washington, 

DC 20210, telephone (202) 693–0418, 

fax (202) 693–1451, e-mail 

bell.hazel@dol.gov. Please use only one 

method of transmission for comments 

(mail, fax, or e-mail). 

SUPPLEMENTARY INFORMATION: 

I. Background 

This collection of information is 

required to administer the benefit 

payment provisions of the Black Lung 

Act for survivors of deceased miners. 

Completion of this form constitutes the 

application for benefits by survivors and 

assists in determining the survivor’s 

entitlement to benefits. Form CM–912 is 

authorized for use by the Black Lung 

Benefits Act 30 U.S.C. 901, et seq., 20 

CFR 410.221 and CFR 725.304 and is 

used to gather information from a 

survivor of a miner to determine if the 

survivor is entitled to benefits. This 

information collection is currently 

approved for use through August 31, 

2007. 

II. Review Focus 

The Department of Labor 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 


cprice-sewell on PROD1PC67 with NOTICES