Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Notices 2133 

changed its interpretation of [a statutory provision] 

does not * * * lead us to conclude that no 

deference should be accorded the agency’s 

interpretation of the statute.’’). 

125 DEA has never invoked the ‘‘limiting’’ 

language of paragraph 823(a)(1) as a basis to revoke 

the registration of an existing bulk manufacturer 

that is currently utilizing its registration to supply 

the market for a given schedule I or II controlled 

substance, and this final order should not be 

construed as suggesting a departure from such 

practice. 

to finding this interpretation to be that 

which most closely mirrors the text of 

the statute, I believe that, upon 

consideration of the legislative history 

and treaty considerations discussed 

above, this interpretation most 

effectively achieves the principles 

underlying the statutory text: Balancing 

the overarching goal of preventing the 

United States from being a source of 

domestic and international diversion by 

limiting the number of bulk 

manufacturers of schedule I and II 

controlled substances with the desire to 

ensure a level of competition adequate 

to prevent legitimate purchasers of these 

substances from being charged 

unreasonable prices.125 The alternative 

interpretation, though found to be 

permissible, does not give full effect to 

these principles and provides no 

mechanism to prevent the proliferation 

of bulk suppliers of schedule I and II 

controlled substances beyond that 

necessary to adequately supply the 

legitimate United States demand for 

these materials under adequately 

competitive conditions. It is axiomatic 

that the proliferation of suppliers of 

bulk schedule I and II controlled 

substances heightens the risk of 

oversupply, which in turn increases the 

risk of diversion. The alternative 

interpretation, therefore, does not 

effectuate the statute and its underlying 

purposes as well as the interpretation 

followed in this final order. 

D. Summary of the Discussion 

For the reasons indicated above, I 

have determined that Respondent’s 

proposed registration is inconsistent 

with United States obligations under the 

Single Convention and with the public 

interest based on a consideration of the 

factors set forth in 21 U.S.C. 823(a). 

With respect to the Single Convention, 

Respondent’s desire to become 

registered in order to achieve MAPS’s 

goal of ending the Federal Government’s 

monopoly on the wholesale distribution 

of marijuana cannot be squared with the 

requirement under the Convention that 

there be precisely such a monopoly. 

With respect to the public interest, 

Respondent’s failure to demonstrate that 

the longstanding existing system in the 

United States of producing and 

distributing research-grade marijuana 

under the oversight of HHS and NIDA 

is inadequate within the meaning of 21 

U.S.C. 823(a)(1) weighs heavily against 

granting his application. Also with 

respect to the public interest, the 

admitted conduct relating to controlled 

substances of Respondent’s sponsor, Mr. 

Doblin (in particular, Mr. Doblin’s past 

and ongoing conduct relating to 

marijuana) is unacceptable for anyone 

seeking to have a prominent role in 

overseeing the controlled substance 

activities of a DEA registrant— 

especially where the registrant’s 

proposed activities are the manufacture 

and distribution of the very drug 

marijuana. In sum, there are three 

independent grounds, any of which, 

standing alone, provide a sufficient 

(indeed, compelling) legal basis for 

denying Respondent’s application. 

Order 

Pursuant to the authority vested in me 

by 21 U.S.C. 823(a), as well as 28 CFR 

0.100(b) & 0.104, appendix to subpart R, 

sec. 7(a), I order that the application of 

Lyle E. Craker, Ph.D., for a DEA 

certificate of registration as a 

manufacturer of marijuana be, and 

hereby is, denied. This order is effective 

February 13, 2009. 

Dated: January 7, 2009. 

Michele M. Leonhart, 

Deputy Administrator. 

[FR Doc. E9–521 Filed 1–13–09; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

Foreign Claims Settlement 

Commission of the United States 

Privacy Act of 1974; System of 

Records 

AGENCY: Foreign Claims Settlement 

Commission of the United States. 

ACTION: Notice of a New System of 

Records. 

SUMMARY: Pursuant to the Privacy Act of 

1974 (5 U.S.C. 552a), the Foreign Claims 

Settlement Commission (Commission), 

Department of Justice, proposes to 

establish a new system of records to 

enable the Commission to carry out its 

statutory responsibility to determine the 

validity and amount of the claims 

submitted to the Commission against 

Libya. The Claims Against Libya System 

will include documentation provided by 

the claimant as well as background 

material that will assist the Commission 

in the processing of their claims. The 

system will also include the final 

decision of the Commission regarding 

the claim. 

DATES: In accordance with 5 U.S.C. 

552a(e)(4) and (11), the public is given 

a 30-day period in which to comment; 

and the Office of Management and 

Budget (OMB), which has oversight 

responsibility under the Act, requires a 

40-day period in which to conclude its 

review of the system. Accordingly, 

please submit any comments by 

February 17, 2009. 

ADDRESSES: The public, OMB, and 

Congress are invited to submit any 

comments to the Foreign Claims 

Settlement Commission of the United 

States, 600 E Street, NW., Suite 6002, 

Washington, DC 20579. 

FOR FURTHER INFORMATION CONTACT: The 

Administrative Office, Foreign Claims 

Settlement Commission, U.S. 

Department of Justice, 600 E Street, 

NW., Suite 6002, Washington, DC 

20579, or by telephone at 202–616– 

6975. In accordance with 5 U.S.C. 

552a(r), the Department has provided a 

report to OMB and the Congress on the 

new system of records. 

Dated: January 9, 2009. 

Mauricio Tamargo, 

Chairman. 

JUSTICE/FCSC–29 

SYSTEM NAME: 

Libya, Claims Against. 

SYSTEM LOCATION: 

Offices of the Foreign Claims 

Settlement Commission, 600 E Street, 

NW., Suite 6002, Washington, DC 

20579. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Persons with claims against Libya 

covered by the August 14, 2008 Claims 

Settlement Agreement Between the 

United States of America and the Great 

Socialist People’s Libyan Arab 

Jamahiriya and referred by the 

Department of State to the Foreign 

Claims Settlement Commission. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Claim information, including name 

and address of claimant and 

representative, if any; date and place of 

birth or naturalization; nature of claim; 

description of loss or injury including 

medical records; and other evidence 

establishing entitlement to 

compensation. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Authority to establish and maintain 

this system is contained in 5 U.S.C. 301 

and 44 U.S.C. 3101, which authorize the 

Chairman of the Commission to create 


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2134 Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Notices 

and maintain federal records of agency 

activities, and is further described in 22 

U.S.C. 1622e, which vests all nonadjudicatory functions, powers and 

duties in the Chairman of the 

Commission. 

PURPOSE: 

To enable the Commission to carry 

out its statutory responsibility to 

determine the validity and amount of 

certain claims of U.S. nationals against 

Libya. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

The information contained in this 

system of records will be disclosed by 

the Commission under the following 

circumstances: 

a. To the Department of State and the 

Department of the Treasury in 

connection with the negotiation, 

adjudication, settlement and payment of 

claims; 

b. To contractors, grantees, experts, 

consultants, students, and others 

performing or working on a contract, 

service, grant, cooperative agreement, or 

other assignment for the federal 

government, when necessary to 

accomplish a Commission function 

related to this system of records; 

c. To a Member of Congress or staff 

acting upon the Member’s behalf when 

the Member or staff requests the 

information on behalf of, and at the 

request of, the individual who is the 

subject of the record; 

d. Where a record, either alone or in 

conjunction with other information, 

indicates a violation or potential 

violation of law—criminal, civil, or 

regulatory in nature—the relevant 

records may be referred to the 

appropriate federal, state, local, 

territorial, tribal, or foreign law 

enforcement authority or other 

appropriate entity charged with the 

responsibility for investigating or 

prosecuting such violation or charged 

with enforcing or implementing such 

law; 

e. In an appropriate proceeding before 

a court, grand jury, or administrative or 

adjudicative body, when the 

Department of Justice and/or the 

Commission determines that the records 

are arguably relevant to the proceeding; 

or in an appropriate proceeding before 

an administrative or adjudicative body 

when the adjudicator determines the 

records to be relevant to the proceeding; 

f. To a former employee of the 

Commission for purposes of: 

Responding to an official inquiry by a 

federal, state, or local government entity 

or professional licensing authority, in 

accordance with applicable Commission 

regulations; or facilitating 

communications with a former 

employee that may be necessary for 

personnel-related or other official 

purposes where the Commission 

requires information and/or 

consultation from the former employee 

regarding a matter within that person’s 

former area of responsibility. 

g. To appropriate agencies, entities, 

and persons when (1) it is suspected or 

confirmed that the security or 

confidentiality of information in the 

system of records has been 

compromised; (2) the Commission has 

determined that as a result of the 

suspected or confirmed compromise 

there is a risk of harm to economic or 

property interests, identity theft or 

fraud, or harm to the security or 

integrity of this system or other systems 

or programs (whether maintained by the 

Commission or another agency or entity) 

that rely upon the compromised 

information; and (3) the disclosure 

made to such agencies, entities, and 

persons is reasonably necessary to assist 

in connection with the Commission’s 

efforts to respond to the suspected or 

confirmed compromise and prevent, 

minimize, or remedy such harm. 

STORAGE: 

Paper records maintained in file 

folders at the Commission’s office and 

an electronic Microsoft Access database 

located on the Commission’s Server. 

RETRIEVABILITY: 

Information from this system of 

records will be retrieved by claimant 

name, claim number and/or decision 

number. An alphabetical index is used 

for identification of a claim by 

claimants’ name (see system ‘‘Justice/ 

FCSC–1’’ originally published in the 

Federal Register, June 10, 1999, 64 FR 

31296). 

SAFEGUARDS: 

Paper records are under security 

safeguards at the Commission’s office. 

The electronic records are safeguarded 

by the DOJ JCON security procedures. 

Access to the Commission’s data 

requires a password and is limited to 

Commission employees and contractors 

with appropriate security clearances. 

RETENTION AND DISPOSAL: 

Records are maintained under 5 

U.S.C. 301. Disposal of records will be 

in accordance with the determination by 

the National Archives and Records 

Administration with regard to the 

Commission’s request for Records 

Disposition Authority dated November 

26, 2008. 

SYSTEM MANAGER(S) AND ADDRESS: 

Administrative Office, Foreign Claims 

Settlement Commission, 600 E Street, 

NW., Suite 6002, Washington, DC 

20579. Telephone: 202/616–6975. Fax: 

202/616–6993. 

NOTIFICATION PROCEDURE: 

The Administrative Officer will 

inform any person or other agency about 

any correction or notation of dispute 

made in accordance with title 45 CFR 

Sec. 503.7 of any record that has been 

disclosed to the person or agency if an 

accounting of the disclosure was made. 

RECORD ACCESS PROCEDURE: 

(a) Upon request in person or by mail, 

any individual will be informed 

whether or not a system of records 

maintained by the Commission contains 

a record or information pertaining to 

that individual. (b) Any individual 

requesting access to a record or 

information on himself or herself must 

appear in person at the offices of the 

Foreign Claims Settlement Commission, 

600 E Street, NW., Room 6002, 

Washington, DC, between the hours of 

9 a.m. and 5 p.m., Monday through 

Friday, and (1) Provide information 

sufficient to identify the record, e.g., the 

individual’s own name, claim and 

decision number, date and place of 

birth, etc.; (2) Provide identification 

sufficient to verify the individual’s 

identity, e.g., driver’s license, 

identification or Medicare card; and (3) 

Any individual requesting access to 

records or information pertaining to 

himself or herself may be accompanied 

by a person of the individual’s own 

choosing while reviewing the records or 

information. If an individual elects to be 

so accompanied, advance notification of 

the election will be required along with 

a written statement authorizing 

disclosure and discussion of the record 

in the presence of the accompanying 

person at any time, including the time 

access is granted. (c) Any individual 

making a request for access to records or 

information pertaining to himself or 

herself by mail must address the request 

to the Administrative Officer (Privacy 

Officer), Foreign Claims Settlement 

Commission, 600 E Street, NW., Room 

6002, Washington, DC 20579, and must 

provide information acceptable to the 

Administrative Officer to verify the 

individual’s identity. (d) Responses to 

requests under this section normally 

will be made within ten (10) days of 

receipt (excluding Saturdays, Sundays, 

and legal holidays). If it is not possible 

to respond to requests within that 

period, an acknowledgment will be sent 

to the individual within ten (10) days of 


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Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Notices 2135 

receipt of the request (excluding 

Saturdays, Sundays, and legal holidays). 

CONTESTING RECORD PROCEDURES: 

(a) Any individual may request 

amendment of a record pertaining to 

himself or herself according to the 

procedure in paragraph (b) of this 

section, except in the case of records 

described under paragraph (d) of this 

section. (b) After inspection by an 

individual of a record pertaining to 

himself or herself, the individual may 

file a written request, presented in 

person or by mail, with the 

Administrative Officer, for an 

amendment to a record. The request 

must specify the particular portions of 

the record to be amended, the desired 

amendments and the reasons therefor. 

(c) Not later than ten (10) days 

(excluding Saturdays, Sundays, and 

legal holidays) after the receipt of a 

request made in accordance with this 

section to amend a record in whole or 

in part, the Administrative Officer will: 

(1) Make any correction of any portion 

of the record which the individual 

believes is not accurate, relevant, timely 

or complete and thereafter inform the 

individual of such correction; or (2) 

Inform the individual, by certified mail 

return receipt requested, of the refusal 

to amend the record, setting forth the 

reasons therefor, and notify the 

individual of the right to appeal that 

determination as provided under 45 

CFR Sec. 503.8. (d) The provisions for 

amending records do not apply to 

evidence presented in the course of 

Commission proceedings in the 

adjudication of claims, nor do they 

permit collateral attack upon what has 

already been subject to final agency 

action in the adjudication of claims in 

programs previously completed by the 

Commission pursuant to statutory time 

limitations. 

RECORD SOURCE CATEGORIES: 

Claimant on whom the record is 

maintained. 

[FR Doc. E9–629 Filed 1–13–09; 8:45 am] 

BILLING CODE 4410–01–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Notice of Determinations Regarding 

Eligibility To Apply for Worker 

Adjustment Assistance and Alternative 

Trade Adjustment Assistance 

In accordance with Section 223 of the 

Trade Act of 1974, as amended (19 

U.S.C. 2273), the Department of Labor 

herein presents summaries of 

determinations regarding eligibility to 

apply for trade adjustment assistance for 

workers (TA–W) by number and 

alternative trade adjustment assistance 

(ATAA) by (TA–W) by number issued 

during the period of December 15 

through December 19, 2008. 

In order for an affirmative 

determination to be made for workers of 

a primary firm and a certification issued 

regarding eligibility to apply for worker 

adjustment assistance, each of the group 

eligibility requirements of Section 

222(a) of the Act must be met. 

I. Section (a)(2)(A) all of the following 

must be satisfied: 

A. A significant number or proportion 

of the workers in such workers’ firm, or 

an appropriate subdivision of the firm, 

have become totally or partially 

separated, or are threatened to become 

totally or partially separated; 

B. The sales or production, or both, of 

such firm or subdivision have decreased 

absolutely; and 

C. Increased imports of articles like or 

directly competitive with articles 

produced by such firm or subdivision 

have contributed importantly to such 

workers’ separation or threat of 

separation and to the decline in sales or 

production of such firm or subdivision; 

or 

II. Section (a)(2)(B) both of the 

following must be satisfied: 

A. A significant number or proportion 

of the workers in such workers’ firm, or 

an appropriate subdivision of the firm, 

have become totally or partially 

separated, or are threatened to become 

totally or partially separated; 

B. There has been a shift in 

production by such workers’ firm or 

subdivision to a foreign country of 

articles like or directly competitive with 

articles which are produced by such 

firm or subdivision; and 

C. One of the following must be 

satisfied: 

1. The country to which the workers’ 

firm has shifted production of the 

articles is a party to a free trade 

agreement with the United States; 

2. The country to which the workers’ 

firm has shifted production of the 

articles to a beneficiary country under 

the Andean Trade Preference Act, 

African Growth and Opportunity Act, or 

the Caribbean Basin Economic Recovery 

Act; or 

3. There has been or is likely to be an 

increase in imports of articles that are 

like or directly competitive with articles 

which are or were produced by such 

firm or subdivision. 

Also, in order for an affirmative 

determination to be made for 

secondarily affected workers of a firm 

and a certification issued regarding 

eligibility to apply for worker 

adjustment assistance, each of the group 

eligibility requirements of Section 

222(b) of the Act must be met. 

(1) Significant number or proportion 

of the workers in the workers’ firm or 

an appropriate subdivision of the firm 

have become totally or partially 

separated, or are threatened to become 

totally or partially separated; 

(2) The workers’ firm (or subdivision) 

is a supplier or downstream producer to 

a firm (or subdivision) that employed a 

group of workers who received a 

certification of eligibility to apply for 

trade adjustment assistance benefits and 

such supply or production is related to 

the article that was the basis for such 

certification; and 

(3) Either— 

(A) The workers’ firm is a supplier 

and the component parts it supplied for 

the firm (or subdivision) described in 

paragraph (2) accounted for at least 20 

percent of the production or sales of the 

workers’ firm; or 

(B) A loss or business by the workers’ 

firm with the firm (or subdivision) 

described in paragraph (2) contributed 

importantly to the workers’ separation 

or threat of separation. 

In order for the Division of Trade 

Adjustment Assistance to issue a 

certification of eligibility to apply for 

Alternative Trade Adjustment 

Assistance (ATAA) for older workers, 

the group eligibility requirements of 

Section 246(a)(3)(A)(ii) of the Trade Act 

must be met. 

1. Whether a significant number of 

workers in the workers’ firm are 50 

years of age or older. 

2. Whether the workers in the 

workers’ firm possess skills that are not 

easily transferable. 

3. The competitive conditions within 

the workers’ industry (i.e., conditions 

within the industry are adverse). 

Affirmative Determinations for Worker 

Adjustment Assistance 

The following certifications have been 

issued. The date following the company 

name and location of each 

determination references the impact 

date for all workers of such 

determination. 

The following certifications have been 

issued. The requirements of Section 

222(a)(2)(A) (increased imports) of the 

Trade Act have been met. 

TA–W–64,466; Mt. Pleasant Hosiery 

Mills, Mt. Pleasant, NC: November 

12, 2007. 

The following certifications have been 

issued. The requirements of Section 

222(a)(2)(B) (shift in production) of the 

Trade Act have been met. 


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