11058 Federal Register / Vol. 72, No. 47 / Monday, March 12, 2007 / Notices 

4 Initially, Respondent also sought to sell high 

strength, high count list I products including 

several brands that DEA has frequently found 

during seizures of illicit methamphetamine 

laboratories. See Gov. Exh. 5, at 2. See also OTC 

Distribution, 68 FR at 70541, MDI Pharmaceuticals, 

68 FR at 4236. At the hearing, however, Respondent 

expressed a willingness to carry only smaller 

packages of traditional cold and allergy medicines. 

See ALJ Dec. at 11. For the reasons stated above, 

I nonetheless conclude that the Government has 

shown that Respondent’s registration would be 

inconsistent with the public interest. 

that Respondent’s president does have 

‘‘some limited experience’’ working on 

weekends at another firm which 

distributes list I chemicals. ALJ Dec. at 

15. 

Distributors of list I chemicals are 

subject to a comprehensive and complex 

regulatory scheme. See 21 CFR Pts. 1309 

& 1310. Moreover, as I explained in TriCounty Bait Distributors, merely 

working as a sales clerk does not 

establish that an applicant has relevant 

experience. 71 FR at 52163. Rather, for 

an applicant’s (or its key employee’s) 

experience to be relevant, the applicant 

must have been actively involved in the 

fulfillment of a registrant’s regulatory 

obligations and demonstrate adequate 

knowledge of list I products. 

While this standard may not have 

been clear at the time of the hearing, I 

nonetheless conclude that a remand is 

unnecessary. As explained above (and 

as the ALJ found), Respondent’s 

president ‘‘has little knowledge of 

which products on his proposed 

product list contained ephedrine or 

pseudoephedrine.’’ ALJ Dec. at 15–16. 

Thus, even if Respondent’s president 

had established that he had performed 

regulatory obligations, his lack of 

knowledge of basic product information 

would still lead me to conclude that his 

experience was inadequate. I thus hold 

that this factor supports a finding that 

Respondent’s registration would be 

inconsistent with the public interest. 

Factor Five—Other Factors That Are 

Relevant to and Consistent With Public 

Health and Safety 

Numerous DEA orders recognize that 

convenience stores and gas stations 

constitute the non-traditional retail 

market for legitimate consumers of 

products containing pseudoephedrine 

and ephedrine. See, e.g., Tri-County Bait 

Distributors, 71 FR at 52161; D & S 

Sales, 71 FR at 37608–09; Branex, Inc., 

69 FR at 8690–92. DEA orders also 

establish that the sale of list I chemical 

products by non-traditional retailers is 

an area of particular concern in 

preventing diversion of these products 

into the illicit manufacture of 

methamphetamine. See, e.g., Joey 

Enterprises, 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, Inc., 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’’); 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 an 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 manufacture of 

methamphetamine’’). 

Significantly, all of Respondent’s 

proposed customers participate in the 

non-traditional market for ephedrine 

and pseudoephedrine products. DEA 

orders recognize 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). Under DEA 

precedents, an applicant’s proposal to 

sell into the non-traditional market 

weighs heavily against the granting of a 

registration under factor five. So too 

here. 

Because of the methamphetamine 

epidemic’s devastating impact on 

communities and families throughout 

the country, DEA has repeatedly denied 

an application when an applicant 

proposed to sell into the non-traditional 

market and analysis of one of the other 

statutory factors supports the 

conclusion that granting the application 

would create an unacceptable risk of 

diversion. Thus, in Xtreme Enterprises, 

Inc., 67 FR 76195, 76197 (2002), my 

predecessor denied an application 

observing that the respondent’s ‘‘lack of 

a criminal record, compliance with the 

law and willingness to upgrade her 

security system are far outweighed by 

her lack of experience with selling list 

I chemicals and the fact that she intends 

to sell ephedrine almost exclusively in 

the gray market.’’ More recently, I have 

denied applications explaining that an 

applicant’s ‘‘lack of a criminal record 

and any intent to comply with the law 

and regulations are far outweighed by 

his lack of experience and the 

company’s intent to sell ephedrine and 

pseudoephedrine exclusively to the gray 

market.’’ Jay Enterprises, 70 FR at 

24621. Accord Prachi Enterprises, Inc., 

69 FR 69407, 69409 (2004). 

Here, Respondent clearly lacks 

effective controls against diversion, its 

key employee has only limited 

experience in the wholesale distribution 

of list I chemical products during which 

he apparently learned very little about 

the products he seeks to carry, and yet 

it intends to distribute these products to 

non-traditional retailers, a market in 

which the risk of diversion is 

substantial.4 See Taby Enterprises of 

Osceola, Inc., 71 FR 71557, 71559 

(2006). Given these findings, it is 

indisputable that granting Respondent’s 

application would be ‘‘inconsistent with 

the public interest.’’ 21 U.S.C. 823(h). 

Order 

Pursuant to the authority vested in me 

by 21 U.S.C. 823(h), and 28 CFR 

0.100(b) & 0.104, I order that the 

application of Planet Trading, Inc., 

d/b/a United Wholesale Distributors, 

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 11, 2007. 

Dated: February 28, 2007. 

Michele M. Leonhart, 

Deputy Administrator. 

[FR Doc. 07–1103 Filed 3–9–07; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF LABOR 

Bureau of Labor Statistics 

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 pre-clearance 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 


pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 72, No. 47 / Monday, March 12, 2007 / Notices 11059 

(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 Bureau 

of Labor Statistics (BLS) is soliciting 

comments concerning the proposed 

extension of the ‘‘Current Population 

Survey (CPS).’’ A copy of the proposed 

information collection request (ICR) can 

be obtained by contacting the individual 

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 11, 2007. 

ADDRESSES: Send comments to Amy A. 

Hobby, BLS Clearance Officer, Division 

of Management Systems, Bureau of 

Labor Statistics, Room 4080, 2 

Massachusetts Avenue, NE., 

Washington, DC 20212, 202–691–7628. 

(This is not a toll-free number.) 

FOR FURTHER INFORMATION CONTACT: 

Amy A. Hobby, BLS Clearance Officer, 

202–691–7628. (See ADDRESSES section.) 

SUPPLEMENTARY INFORMATION: 

I. Background 

The CPS has been the principal 

source of the official Government 

statistics on employment and 

unemployment for over 60 years. The 

labor force information gathered 

through the survey is of paramount 

importance in keeping track of the 

economic health of the Nation. The 

survey is the only source of data on total 

employment and unemployment, with 

the monthly unemployment rate 

obtained through this survey being 

regarded as one of the most important 

economic indicators. Moreover, the 

survey also yields data on the basic 

status and characteristics of persons not 

in the labor force. The CPS data are used 

monthly, in conjunction with data from 

other sources, to analyze the extent to 

which the various components of the 

American population are participating 

in the economic life of the Nation and 

with what success. 

The labor force data gathered through 

the CPS are provided to users in the 

greatest detail possible, consistent with 

the demographic information obtained 

in the survey. In brief, the labor force 

data can be broken down by sex, age, 

race and ethnic origin, marital status, 

family composition, educational level, 

and other characteristics. Through such 

breakdowns, one can focus on the 

employment situation of specific 

population groups as well as on the 

general trends in employment and 

unemployment. Information of this type 

can be obtained only through 

demographically oriented surveys such 

as the CPS. 

The basic CPS data also are used as 

an important platform on which to base 

the data derived from the various 

supplemental questions that are 

administered in conjunction with the 

survey. By coupling the basic data from 

the monthly survey with the special 

data from the supplements, one can get 

valuable insights on the behavior of 

American workers and on the social and 

economic health of their families. 

There is wide interest in the monthly 

CPS data among Government 

policymakers, legislators, economists, 

the media, and the general public. 

While the data from the CPS are used in 

conjunction with data from other 

surveys in assessing the economic 

health of the Nation, they are unique in 

various ways. They provide a 

measurement of total employment, 

including farm work, self-employment 

and unpaid family work, while the other 

surveys are generally restricted to the 

nonagricultural wage and salary sector. 

The CPS provides data on all jobseekers, 

and on all persons outside the labor 

force, while payroll-based surveys 

cannot, by definition, cover these 

sectors of the population. Finally, the 

CPS data on employment, 

unemployment, and on persons not in 

the labor force can be linked to the 

demographic characteristics of the many 

groups that make up the Nation’s 

population, while the data from other 

surveys are usually devoid of 

demographic information. 

II. Desired Focus of Comments 

The Bureau of Labor Statistics is 

particularly interested in comments 

that: 

• 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. 

• 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 Action 

Office of Management and Budget 

clearance is being sought for the Current 

Population Survey (CPS). 

Type of Review: Extension of a 

currently approved collection. 

Agency: Bureau of Labor Statistics. 

Title: Current Population Survey 

(CPS). 

OMB Number: 1220–0100. 

Affected Public: Households. 

Total Respondents: 55,000 per month. 

Frequency: Monthly. 

Total Responses: 660,000. 

Average Time Per Response: 7 

minutes. 

Estimated Total Burden Hours: 77,000 

hours. 

Total Burden Cost (capital/startup): 

$0. 

Total Burden Cost (operating/ 

maintenance): $0. 

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 also 

will become a matter of public record. 

Signed at Washington, DC, this 7th day of 

March 2007. 

Mark Staniorski, 

Acting Chief, Division of Management 

Systems, Bureau of Labor Statistics. 

[FR Doc. E7–4330 Filed 3–9–07; 8:45 am] 

BILLING CODE 4510–24–P 

NATIONAL CREDIT UNION 

ADMINISTRATION 

Sunshine Act Meeting 

TIME AND DATE: 10 a.m., Thursday, 

March 15, 2007. 

PLACE: Board Room, 7th Floor, Room 

7047, 1775 Duke Street, Alexandria, VA 

22314–3428. 

STATUS: Open. 

MATTER TO BE CONSIDERED: 

1. NCUSIF Dividend and Insurance 

Premium. 

2. Appeals from Cinfed Federal Credit 

Union and Emergy Federal Credit union 

of the Regional Director’s Denials of 

Conversion from Multiple Common 

Bonds to Community Charters. 

3. Proposed Rule: Parts 748, 749, and 

750 of NCUA’s Rules and Regulations, 

Disaster Preparedness and Records 

Preservation Program. 

4. Proposed Rule: Part 716 of NCUA’s 

Rules and Regualtions, Model Privacy 

Form. 


pwalker on PROD1PC71 with NOTICES