Federal Register / Vol. 73, No. 15 / Wednesday, January 23, 2008 / Notices 3997 

Representatives of any other Indian 

tribe that believes itself to be culturally 

affiliated with the human remains and 

associated funerary objects should 

contact Dr. Frank E. Wozniak, NAGPRA 

Coordinator, Southwestern Region, 

USDA Forest Service, 333 Broadway 

Boulevard SE, Albuquerque, NM 87102, 

telephone (505) 842–3238, before 

February 22, 2008. Repatriation of the 

human remains and associated funerary 

objects to the Hopi Tribe of Arizona; 

Pueblo of Acoma, New Mexico; and 

Zuni Tribe of the Zuni Reservation, New 

Mexico may proceed after that date if no 

additional claimants come forward. 

The U.S. Department of Agriculture, 

Forest Service, Gila National Forest is 

responsible for notifying Hopi Tribe of 

Arizona; Mescalero Apache Tribe of the 

Mescalero Reservation, New Mexico; 

Ohkay Owingeh, New Mexico (formerly 

the Pueblo of San Juan); Pueblo of 

Acoma, New Mexico; Pueblo of Cochiti, 

New Mexico; Pueblo of Jemez, New 

Mexico; Pueblo of Isleta, New Mexico; 

Pueblo of Laguna, New Mexico; Pueblo 

of Nambe, New Mexico; Pueblo of 

Picuris, New Mexico; Pueblo of 

Pojoaque, New Mexico; Pueblo of San 

Felipe, New Mexico; Pueblo of San 

Ildefonso, New Mexico; Pueblo of 

Sandia, New Mexico; Pueblo of Santa 

Ana, New Mexico; Pueblo of Santa 

Clara, New Mexico; Pueblo of Santo 

Domingo, New Mexico; Pueblo of Taos, 

New Mexico; Pueblo of Tesuque, New 

Mexico; Pueblo of Zia, New Mexico; and 

Zuni Tribe of the Zuni Reservation, New 

Mexico that this notice has been 

published. 

Dated: November 26, 2007 

Sherry Hutt, 

Manager, National NAGPRA Program. 

[FR Doc. E8–1112 Filed 1–22–08; 8:45 am] 

BILLING CODE 4312–50–S 

INTERNATIONAL TRADE 

COMMISSION 

Agency Form Submitted for OMB 

Review 

AGENCY: United States International 

Trade Commission. 

ACTION: In accordance with the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. Chapter 35), the 

Commission has submitted a request for 

emergency processing for review and 

clearance of questionnaires to the Office 

of Management and Budget (OMB). The 

Commission has requested OMB 

approval of this submission by COB 

February 19, 2008. 

DATES: Effective Date: January 17, 2008. 

Purpose of Information Collection: 

The forms are for use by the 

Commission in connection with Inv. 

Nos. AGOA–002, Denim Fabric: Use in 

AGOA Countries During Fiscal Year 

2007, and AGOA–003, Denim Fabric: 

Commercial Availability in AGOA 

Countries During Fiscal Year 2009, 

instituted under section 112(c) of the 

African Growth and Opportunity Act, as 

amended (19 U.S.C. 3721(c)). The 

Commission expects to deliver its 

reports to the President and the U.S. 

Trade Representative by July 1, 2008 

(Inv. No. AGOA–002) and August 1, 

2008 (Inv. No. AGOA–003), 

respectively. 

Summary of Proposal 

(1) Number of forms submitted: Two. 

(2) Title of forms: U.S. Importers’

Questionnaire: Apparel Made from 

Subject Denim from Beneficiary SubSaharan African Countries; and Apparel 

Manufacturers’ Questionnaire-Purchases 

of Certain Denim from Beneficiary SubSaharan African Countries. 

(3) Type of request: New. 

(4) Frequency of use: Single data 

gathering scheduled for 2008. 

(5) Description of respondents: U.S. 

importers of apparel from lesserdeveloped beneficiary sub-Saharan 

African using certain denim, and certain 

denim apparel manufacturers located in 

lesser developed beneficiary subSaharan African countries. 

(6) Estimated number of respondents: 

83 (Importers’ questionnaires) 

45 (Apparel manufacturers’

questionnaires). 

(7) Estimated total number of hours 

for all respondents combined to 

complete the forms: 422 hours. 

(8) Information obtained from the 

form that qualifies as confidential 

business information will be so treated 

by the Commission and not disclosed in 

a manner that would reveal the 

individual operations of a firm. 

Additional Information Or Comment: 

Copies of the forms and supporting 

documents may be obtained from the 

Commission’s Web site at http:// 

www.usitc.gov/ind_econ_ana/ 

research_ana/Ongoing_Inv/index.htm or 

for Inv. No. AGOA–002 from Justino De 

La Cruz, Co-Project Leader (202–205–

3252, Justino.Delacruz@usitc.gov) of the 

Office of Economics or Dawn Heuschel, 

Co-Project Leader (202–205–2577, 

Dawn.Heuschel@usitc.gov) of the Office 

of Industries; for Inv. No. AGOA–003 

from Kimberlie Freund, Project Leader 

(202–708–5402, 

Kimberlie.Freund@usitc.gov) or Andrea 

Boron, Deputy Project Leader (202–205–

3433, Andrea.Boron@usitc.gov) of the 

Office of Industries. Comments about 

the proposals should be directed to the 

Office of Management and Budget, 

Office of Information and Regulatory 

Affairs, Room 10102 (Docket Library), 

Washington, DC 20503, ATTENTION: 

Docket Librarian. All comments should 

be specific, indicating which part of the 

questionnaire is objectionable, 

describing the concern in detail, and 

including specific suggested revisions or 

language changes. Copies of any 

comments should be provided to Robert 

Rogowsky, Director, Office of 

Operations, U.S. International Trade 

Commission, 500 E Street, SW., 

Washington, DC 20436, who is the 

Commission’s designated Senior Official 

under the Paperwork Reduction Act. 

Persons with mobility impairments 

who will need special assistance in 

gaining access to the Commission 

should contact the Secretary at 202–

205–2000. Hearing impaired individuals 

are advised that information on this 

matter can be obtained by contacting 

our TTD terminal (telephone no. 202–

205–1810). General information 

concerning the Commission may also be 

obtained by accessing its Internet server 

(http://www.usitc.gov). 

Issued: January 17, 2008. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E8–1138 Filed 1–22–08; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

[Docket No. 03–21] 

Medicine Shoppe-Jonesborough; 

Denial of Motion for Stay 

On December 13, 2007, I, the Deputy 

Administrator of the Drug Enforcement 

Administration, having concluded that 

the continued registration of the 

Medicine Shoppe-Jonesborough 

(Respondent) as a retail pharmacy ‘‘is 

inconsistent with the public interest,’’

21 U.S.C. 823(f), ordered that its 

registration be revoked effective 

February 1, 2008. 73 FR 363, 388 (2008). 

Thereafter, on December 28, 2007, 

Respondent, through its counsel, moved 

to stay the decision and order to allow 

it to ‘‘appeal the decision to the United 

States Court of Appeals.’’ Motion for 

Stay at 1. 

As grounds for the stay, Respondent 

contends that it ‘‘and its owner will 

suffer irreparable harm by the denial of 

a stay pending the conclusion of the 

appeal’’ because ‘‘[t]he store will have to 

be closed or liquidated and the source 


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3998 Federal Register / Vol. 73, No. 15 / Wednesday, January 23, 2008 / Notices 

1Respondent further cites the lengthy time it took 

to resolve this proceeding to argue that the issuance 

of a stay will not harm the public. Motion at 1. 

While it is true that this proceeding took entirely 

too long to resolve, there were multiple causes of 

the delay including, but not limited to, the lengthy 

continuance which Respondent was granted to 

prepare its defense. Having found—based on the 

extensive evidence that Respondent filled 

prescriptions in violation of federal law, could not 

properly account for its controlled substances, and 

offered no evidence that it had reformed its 

practices—that Respondent’s ‘‘continued 

registration is inconsistent with the public 

interest,’’ 73 FR at 388, I further conclude that 

Respondent has failed to show that the public 

interest lies with staying the order of revocation. 

of the family’s income will be gone.’’ Id. 

Respondent further contends that 

granting the stay will not cause 

irreparable harm to the public because 

the ‘‘matter has been pending now for 

almost five years.’’ Id. Relatedly, 

Respondent argues that ‘‘[t]here has 

been no allegation of any wrongdoing 

during that period.’’ Id. 

Respondent further contends that it 

has ‘‘a substantial likelihood of success’’

on the merits of its appeal. Id. In this 

regard, Respondent relies on the 

Administrative Law Judge’s 

Recommended Decision, which 

concluded that its continued 

registration would be consistent with 

the public interest. Respondent thus 

argues that the ALJ’s ‘‘findings of fact 

certainly indicate that reasonable people 

can disagree strongly as to whether the 

respondent was operating in violation of 

the public interest.’’ Id. at 1–2. 

In determining whether a stay should 

be granted, DEA applies the traditional 

four-factor test used by the courts. The 

factors are: (1) Whether the movant has 

demonstrated a substantial likelihood of 

success on the merits; (2) whether the 

movant will be irreparably injured 

absent a stay; (3) whether issuance of a 

stay will substantially injure the other 

interested parties; and (4) where the 

public interest lies. See, e.g., ACLU v. 

NSA, 467 F.3d 590 (6th Cir. 2006); 

Pearce v. DEA, 836 F.2d 1028, 1029 (6th 

Cir. 1988). Moreover, as the Sixth 

Circuit recently explained, ‘‘[m]ore than 

a possibility of success must be shown, 

and even if a movant demonstrates 

irreparable harm that decidedly 

outweighs any potential harm to the 

nonmoving party if a stay is granted, he 

is still required to show, at a minimum, 

‘serious questions going to the merits.’ ’’

ACLU v. NSA, 467 F.3d at 590 (citations 

omitted in original). 

Here, Respondent asserts that it will 

suffer irreparable harm because the 

revocation of its registration will result 

in its closure or liquidation. Motion at 

1. Respondent, however, offers no 

evidence that the loss of its registration 

has also resulted in the loss of its state 

pharmacy license, and presumably, 

Respondent retains authority under 

state law to dispense non-controlled 

prescription drugs. Moreover, 

Respondent can also sell drugs 

approved for over-the-counter marketing 

and numerous other non-drug products. 

Accordingly, while the revocation of its 

registration may cause it to lose some of 

its business, Respondent has not 

established that it will suffer irreparable 

harm to the extent it alleges. 

Furthermore, even assuming that 

Respondent has established that it will 

be irreparably harmed, it has not raised 

any ‘‘serious questions going to the 

merits.’’ ACLU v. NSA, 467 F.3d at 590. 

While Respondent invokes the factual 

findings and conclusions of law 

contained in the ALJ’s opinion in 

support of its contention that it has ‘‘a 

substantial likelihood of success on the 

merits,’’ it has not demonstrated that a 

single factual finding of the Agency is 

unsupported by substantial evidence. 

See 5 U.S.C. 706(2). Nor has it pointed 

to any specific error in the Agency’s 

legal conclusions. Id. Respondent 

therefore has not established ‘‘a serious 

question going to the merits of his 

appeal, much less a substantial 

likelihood of success’’ on the merits of 

its petition for review to warrant the 

issuance of a stay.1 Pearce, 836 F.2d. at 

1029. 

Accordingly, Respondent’s motion for 

a stay of the order of revocation is 

denied. 

Dated: January 10, 2008. 

Michele M. Leonhart, 

Deputy Administrator. 

[FR Doc. E8–1021 Filed 1–22–08; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Notice of Availability of Funds and 

Solicitation for Grant Applications for 

High Growth Job Training Initiative 

Grants for the Energy Industry and 

Construction and Skilled Trades in the 

Energy Industry 

Solicitation for Grant Applications 

Announcement Type: New. Notice of 

solicitation for grant applications. 

Funding Opportunity Number: SGA/ 

DFA PY 07–07. 

Catalog of Federal Domestic 

Assistance CFDA Number: 17.268. 

Key Dates: The closing date for receipt 

of applications under this 

announcement is March 25, 2008. 

Applications must be received at the 

address below no later than 4 p.m. 

(Eastern Time). A Webinar for 

prospective applicants will be held for 

this grant competition on February 1, 

2008. Access information for the 

Webinar will be posted on the U.S. 

Department of Labor’s (DOL), 

Employment and Training 

Administration (ETA) Web site at: 

http://www.workforce3one.org. 

Summary: Under the President’s High 

Growth Job Training Initiative (HGJTI), 

DOL/ETA, announces the availability of 

approximately $10 million in grant 

funds for high-impact regional 

approaches to meet the workforce 

challenges of the energy industry and/ 

or address the shortage of construction 

and skilled trade workers needed to 

maintain and expand the energy 

industry infrastructure. 

The President’s HGJTI is a strategic 

effort to prepare workers for new and 

increasing job opportunities in highgrowth, high-demand, and economically 

vital industries and sectors of the 

American economy. Through the 

initiative, ETA identifies high-growth, 

high-demand industries, evaluates the 

skill needs of those industries, and 

funds local and national partnershipbased demonstration projects that: (a) 

Address industry-specific workforce 

challenges within the context of 

regional talent and economic 

development strategies; and (b) prepare 

workers for good jobs with career 

pathways in these rapidly expanding or 

transforming industries. ETA will 

broadly disseminate the products, 

models, and effective approaches that 

result from HGJTI investments to 

employers, education and training 

providers, and the workforce system, 

building their capacity to respond to 

employers’ workforce needs in highgrowth, high-demand industries that are 

a part of regional economies. 

Grant funds awarded under this 

Solicitation for Grant Applications 

(SGA) should be used to implement and 

replicate high-impact, industry-driven 

training solutions that address 

identified workforce challenges in the 

energy industry or in the construction 

and skilled trade occupations that 

support the energy industry. Each 

solution must take place in the context 

of a regional talent development strategy 

designed to contribute to a strong 

regional economy. The solutions must 

be developed and implemented by a 

strategic regional partnership, which 

includes leaders from the workforce 

investment system, business and 

industry, and the education and training 

community, as well as other public and 

private sector partners that bring critical 

assets to the joint venture. Proposed 


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