5852 Federal Register / Vol. 62, No. 26 / Friday, February 7, 1997 / Notices

phenylpropanolamine (including drug

products containing these chemicals);

and (ii) uses or attempts to use the

Postal Service or any private or

commercial carrier shall, on a monthly

basis, submit a report of each such

transaction conducted during the

previous month to the Attorney General

in such form, containing such data, and

at such times as the Attorney General

shall establish by regulation.’’ Section

402 further requires that such reports

shall include the name of the purchaser,

the quantity and form of the chemical

purchased, and the address to which the

chemical was sent. The reporting

requirement became effective on

October 3, 1996, and applies to all

transactions after that date.

While the term nonregulated person is

not specifically defined, the term

regulated person is defined as ‘‘* * * a

person who manufactures, distributes,

imports, or exports a listed chemical, a

tableting machine, or an encapsulating

machine or who acts as a broker or

trader for an international transaction

involving a listed chemical, a tableting

machine, or an encapsulating machine.’’

See 21 U.S.C. 802(38). Any reference to

a listed chemical in the statute includes

a drug product containing any listed

chemical, whether or not that drug

product is exempt from any requirement

under the law. A nonregulated person,

therefore, is a person who does not

manufacture, distribute, import, or

export a product containing a listed

chemical, or a tableting or encapsulating

machine or who does not act as a broker

or trader for an international transaction

involving a product that contains a

listed chemical or for a tableting or

encapsulating machine.

Pending proposal and promulgation

of final regulations establishing the

specific procedures to be followed in

making the reports, persons engaged in

the distribution of ephedrine,

pseudoephedrine, and

phenylpropanolamine (including drug

products containing those chemicals) to

nonregulated persons by mail or private

or commercial carrier are requested to

satisfy the reporting requirement by

submitting the reports by no later than

the 15th day of the succeeding month to

the Chemical Operations Section, Office

of Diversion Control, Drug Enforcement

Administration, Washington, D.C.

20537, Attn: Section 402 Reports.

As established by the MCA, each

report must contain the name of the

purchaser, the quantity and form of the

ephedrine, pseudoephedrine, or

phenylpropanolamine purchased, and

the address to which the chemical was

sent. While not required at this time, the

date of each transaction, the trade name

and the lot number of the product

distributed (where applicable) are

requested.

As noted earlier, the reporting

requirement applies only to

distributions of ephedrine,

pseudoephedrine, and

phenylpropanolamine via the postal

service or private or commercial carrier

to nonregulated persons. A distributor

does not have to report distributions to

regulated persons. In this regard, it is

critical that distributors take the

appropriate steps to ascertain whether

their customers are regulated or

nonregulated persons. The failure of a

distributor to report a transaction based

on a customer’s mere representation that

they are a regulated person, without

further inquiry to confirm that status,

may be grounds for administrative, civil,

or criminal action. Therefore, the

distributor should take appropriate

steps to confirm the customer’s status as

a regulated person. Steps may include

verification of the customer’s DEA

registration status or, if they are not a

registrant, inquiry as to whether they are

in the business of redistributing the

products ordered.

The above guidelines are intended to

provide affected persons with a

temporary means to ensure compliance

with the reporting requirement set out

in section 402 of the MCA, pending

promulgation of final regulations,

through notice and comment, regarding

the reporting requirement. DEA will

publish a notice of proposed rulemaking

in the near future detailing the proposed

amendments to the regulations in Title

21, Code of Federal Regulations, part

1310, to establish the specific reporting

requirements to be followed.

Any questions regarding the reporting

requirement set out in section 402 of the

MCA should be directed to the

Chemical Operations Section, Office of

Diversion Control, Drug Enforcement

Administration, Washington, D.C.

20537, telephone (202) 307–7204.

DEA is preparing the appropriate

documentation regarding the new

reporting requirement established by the

MCA for submission to the Office of

Management and Budget for review,

pursuant to the provisions of the

Paperwork Reduction Act of 1980, 44

U.S.C., Chapter 35.

Dated: January 30, 1997.

Gene R. Haislip,

Deputy Assistant Administrator, Office of

Diversion Control.

[FR Doc. 97–3085 Filed 2–6–97; 8:45 am]

BILLING CODE 4410–09–M

DEPARTMENT OF LABOR

Office of the Secretary; Submission for

OMB Review; Comment Request

February 4, 1997.

The Department of Labor (DOL) has

submitted the following public

information collection requests (ICRs) to

the Office of Management and Budget

(OMB) for review and approval in

accordance with the Paperwork

Reduction Act of 1995 (Pub. L. 104–13,

44 U.S.C. Chapter 35). A copy of each

individual ICR, with applicable

supporting documentation, may be

obtained by calling the Department of

Labor, Departmental Clearance Officer,

Theresa M. O’Malley ((202) 219–5096

ext. 143). Individuals who use a

telecommunications device for the deaf

(TTY/TDD) may call (202) 219–4720

between 1:00 p.m. and 4:00 p.m. Eastern

time, Monday through Friday.

Comments should be sent to Office of

Information and Regulatory Affairs,

Attn: OMB Desk Officer for BLS, DM,

ESA, ETA, MSHA, OSHA, PWBA, or

VETS, Office of Management and

Budget, Room 10235, Washington, DC

20503 ((202) 395–7316), within 30 days

from the date of this publication in the

Federal Register.

The OMB 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 submission of

responses.

Agency: Mine Safety and Health

Administration.

Title: Qualification and Certification

Program.

OMB Number: 1219–0069, MSHA

Form 50004– and 5000–7.

Frequency: On occasion.

Affected Public: Business or other forprofit.
Federal Register / Vol. 62, No. 26 / Friday, February 7, 1997 / Notices 5853

Form No.

Number

of respondents

Average

time per

respondence

(minutes)

Burden

hours

5000–4 .. 633 21 221

5000–7 .. 37 19 12

Total ................ ................ 233

Total Annualized capital/startup

costs: 0.

Total annual costs (operating/

maintaining systems or purchasing

services): 0.

Description: This information

collection contains provisions whereby

persons may be temporarily qualified or

certified to perform certain duties at

coal mines which are related to miner

safety and health and which require

specialized expertise.

Agency: Occupational Safety and

Health Administration.

Title: Inorganic Arsenic (1910.1018).

OMB Number: 1218–0104.

Frequency: On occasion.

Affected Public: Business or other forprofit; Federal Government; State, Local

or Tribal Government.

Number of Respondents: 42.

Estimated Time Per Respondent:

Ranges from 5 minutes to maintain

records to 12 hours to update

compliance programs.

Total Burden Hours: 9,060.

Total Annualized capital/startup

costs: 0.

Total annual costs (operating/

maintaining systems or purchasing

services): $1,316,218.

Description: The purpose of the

inorganic arsenic standard and its

information collection is to provide

protection for employees against the

health effects associated with

occupational exposure to inorganic

arsenic. This standard requires

employers to monitor employee

exposure, to provide medical

surveillance and to maintain employee

exposure monitoring and medical

records. If exposure levels are above the

Permissible Exposure Limits (PELs),

then employers must establish and

implement a written control plan to

reduce exposures below the PELs.

Employers are also required to notify

OSHA area offices of regulated areas

and changes to regulated areas.

Agency: Occupational Safety and

Health Administration.

Title: Coke Oven Emissions

(1910.1029).

OMB Number: 1218–0128.

Frequency: On occasion.

Affected Public: Business or other forprofit; Federal Government; State, Local

or Tribal Government.

Number of Respondents: 22.

Estimated Time Per Respondent:

Ranges from 5 minutes to maintain

records to 3 hours to update compliance

programs.

Total Burden Hours: 96,379.

Total Annualized capital/startup

costs: 0.

Total annual costs (operating/

maintaining systems or purchasing

services): $2,012,684.

Description: The purpose of the coke

oven emissions standards and its

information collection to provide

protection for employees against the

health effects associated with

occupational exposure to coke oven

emission. This standard requires

employers to monitor employee

exposure, to provide medical

surveillance and to maintain employee

exposure monitoring and medical

records. If exposure levels are above the

Permissible Exposure Limits (PELs), the

employers must establish and

implement a written control plan to

reduce exposures below the PELs.

Employers are also required to notify

OSHA area offices of regulated areas

and changes to regulated areas.

Agency: Occupational Safety and

Health Administration.

Title: 1,3 Butadiene (1910.1051), Final

Rule.

OMB Number: 1218–0170.

Frequency: On occasion.

Affected Public: Business or other forprofit; Federal Government; State, Local

or Tribal Government.

Number of Respondents: 255.

Estimated Time Per Respondent:

Ranges from 15 seconds to label a

respirator filter element to 6 hours to

develop a compliance program.

Total Burden Hours: 9,254.

Total Annualized capital/startup

costs: 0.

Total annual costs (operating/

maintaining systems or purchasing

services): $9,254.

Description: The purpose of the 1,3

butadiene standard and its information

collection is designed to provide

protection for employees from the

adverse health effects associated with

the occupational exposure to 1,3

butadiene. The standard requires

employers to monitor employee

exposure, to provide medical

surveillance and to maintain employee

exposure monitoring the medical

records. If exposure levels are above the

action level, employers must establish

and implement a written Exposure Goal

Program. If exposure levels are above

the Permissible Exposure Limits (PELs),

employers must establish and

implement a written compliance

program.

Theresa M. O’Malley,

Departmental Clearance Officer.

[FR Doc. 97–3098 Filed 2–6–97; 8:45 am]

BILING CODE 4510–26–M

Employment and Training

Administration

Labor Certification Process for the

Temporary Employment of Aliens in

Agriculture and Logging in the United

States: 1997 Adverse Effect Wage

Rates and Allowable Charges for

Agricultural and Logging Workers’

Meals

AGENCY: U.S. Employment Service,

Employment and Training

Administration, Labor.

ACTION: Notice of adverse effect wage

rates (AEWRs), allowable charges for

meals, and maximum travel subsistence

reimbursement for 1997.

SUMMARY: The Director, U.S.

Employment Service, announces 1997

adverse effect wage rates (AEWRs) for

employers seeking nonimmigrant alien

(H–2A) workers for temporary or

seasonal agricultural labor or services,

the allowable charges employers seeking

nonimmigrant alien workers for

temporary or seasonal agricultural labor

or services or logging work may levy

upon their workers when they provide

three meals per day, and the maximum

travel subsistence reimbursement which

a worker with receipts may claim in

1997.

AEWRs are the minimum wage rates

which the Department of Labor has

determined must be offered and paid to

U.S. and alien workers by employers of

nonimmigrant alien agricultural workers

(H–2A visaholders). AEWRs are

established to prevent the employment

of these aliens from adversely affecting

wages of similarly employed U.S.

workers.

The Director also announces the new

rates which covered agricultural and

logging employers may charge their

workers for three daily meals.

Under specified conditions, workers

are entitled to reimbursement for travel

subsistence expense. The minimum

reimbursement is the charge for three

daily meals as discussed above. The

Director here announces the current

maximum reimbursement for workers

with receipts.

EFFECTIVE DATE: February 7, 1997.

FOR FURTHER INFORMATION CONTACT:

Mr. John R. Beverly, III, Director, U.S.

Employment Service, U.S. Department

of Labor, Room N–4700, 200