17544 Federal Register / Vol. 74, No. 71 / Wednesday, April 15, 2009 / Notices 

33According to the National Center on Addiction 

and Drug Abuse, ‘‘[t]he number of people who 

admit abusing controlled prescription drugs 

increased from 7.8 million in 1992 to 15.1 million 

in 2003.’’ National Center on Addiction and 

Substance Abuse, Under the Counter: The Diversion 

and Abuse of Controlled Prescription Drugs in the 

U.S. 3 (2005). The above figure is ‘‘23 percent more 

than the combined number abusing cocaine (5.9 

million), hallucinogens (4.0 million), inhalants (2.1 

million) and heroin (328,000).’’ Id. Moreover, 

‘‘between 1992 and 2003, there has been a * * * 

140.5 percent increase in the self-reported abuse of 

prescription opioids,’’ and during this period, the 

‘‘abuse of controlled prescription drugs has been 

growing at a rate twice that of marijuana abuse, five 

times greater than cocaine abuse and 60 times 

greater than heroin abuse.’’ Id. at 4. 

and caused extraordinary harm to 

public health and safety.33

I thus conclude that the revocation of 

Respondent’s registration is necessary to 

protect the public interest. For the same 

reasons that led me to order the 

immediate suspension of his 

registration, I conclude that public 

interest requires that this Order be 

effective immediately. 

Order 

Pursuant to the authority vested in me 

by 21 U.S.C. 823(f) & 824(a), as well as 

28 CFR 0.100(b) & 0.104, I hereby order 

that DEA Certificate of Registration, 

AA1071947, issued to George C. 

Aycock, M.D., be, and it hereby is, 

revoked. I further order that any 

pending application to renew or modify 

the registration be, and it hereby is, 

denied. This Order is effective 

immediately. 

Dated: April 3, 2009. 

Michele M. Leonhart, 

Deputy Administrator. 

[FR Doc. E9–8624 Filed 4–14–09; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF LABOR 

Employment Standards Administration 

Proposed Extension of the Approval of 

Information Collection Requirements 

ACTION: Notice. 

SUMMARY: The Department of Labor 

(DOL), 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 its 

proposal to extend the Office of 

Management and Budget (OMB) 

approval of the Information Collection: 

Application for Certificate to Employ 

Homeworkers (WH–46); Piece Rate 

Measurements; and Homeworker 

Handbook (WH–75). 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 

June 15, 2009. 

ADDRESSES: Mr. Steven D. Lawrence, 

U.S. Department of Labor, 200 

Constitution Ave., NW., Room S–3201, 

Washington, DC 20210, telephone (202) 

693–0292, fax (202) 693–1451, E-mail 

Lawrence.Steven@dol.gov. Please use 

only one method of transmission for 

comments (mail, fax, or E-mail). 

SUPPLEMENTARY INFORMATION: 

I. Background 

Fair Labor Standards Act (FLSA) 

section 11(d), 29 U.S.C 211(d), 

authorizes the Secretary of Labor to 

regulate, restrict, or prohibit industrial 

homework as necessary or appropriate 

to prevent the circumvention or evasion 

of the minimum wage requirements of 

the Act. The Department of Labor (DOL) 

restricts homework in seven industries 

(i.e., knitted outerwear, women’s 

apparel, jewelry manufacturing, gloves 

and mittens, button and buckle 

manufacturing, handkerchief 

manufacturing, and embroideries) to 

those employers who obtain certificates. 

See 29 CFR 530.1–.2. The DOL now 

allows employers to obtain general 

(employer) certificates to employ 

homeworkers in all restricted industries 

except women’s apparel and hazardous 

jewelry manufacturing operations. See 

29 CFR 530.101. In order to obtain 

general certificates to employ workers in 

the restricted industries under the 

certification program, an employer must 

apply to the Wage and Hour Division 

(WHD) of the DOL. See Id. Form WH– 

46 is the application form used to obtain 

a certificate to employ homeworkers in 

restricted industries, and it must 

contain information required by 

Regulations 29 CFR 530.102—including 

names, addresses, and languages (other 

than English) spoken by the 

homeworker—and the written 

assurances set forth in Regulations 29 

CFR 530.103. If approved, the WHD 

issues a certificate that is valid for twoyear periods unless suspended or 

revoked. 29 CFR 530.101(b). Employers 

in the restricted industries under the 

certification program who pay workers 

based on piece-rates must record and 

retain documentation of the method 

used to establish piece-rates in order to 

verify that rates were properly 

determined and resulted in wage 

payments to homeworkers at a rate at 

least equal to the FLSA minimum wage 

for all hours worked in the workweek. 

29 CFR 530.202. To ensure employers 

fulfill their obligation to obtain and 

record accurate hours worked 

information whenever they distribute 

homework to employees and collect it 

from them, homeworkers record the 

information in Homeworker Handbooks 

(WH–75) as they perform the work and 

provide the Handbooks to their 

employer for transcription at the end of 

each pay period. See 29 CFR 516.31(c), 

530.103(d)–(e). This information 

collection is currently approved for use 

through October 31, 2009. 

II. Review Focus 

The DOL 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 DOL seeks the approval of the 

extension of this information collection 

in order to ensure employees working as 

homeworkers are paid in compliance 

with the FLSA and to allow the agency 

to carry out its responsibilities under 

the Act. 

Type of Review: Extension. 

Agency: Employment Standards 

Administration. 


rwilkins on PROD1PC63 with PROPOSALS
Federal Register / Vol. 74, No. 71 / Wednesday, April 15, 2009 / Notices 17545 

Titles: Application for Certificate to 

Employ Homeworkers; Piece-Rate 

Measurements; and Homeworker 

Handbook. 

OMB Number: 1215–0013. 

Agency Numbers: Forms WH–46 and 

WH–75. 

Affected Public: Business or other forprofit. 

Respondents: 302,080. 

Total Annual Responses: 1,208,195. 

Estimated Total Burden Hours: 

614,241. 

Estimated Time per Response: Varies; 

from 30 seconds to 30 minutes. 

Frequency: On occasion. 

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 will 

also become a matter of public record. 

Dated: April 9, 2009. 

Hazel Bell, 

Acting Chief, Branch of Management Review 

and Internal Control, Division of Financial 

Management, Office of Management, 

Administration and Planning, Employment 

Standards Administration. 

[FR Doc. E9–8504 Filed 4–14–09; 8:45 am] 

BILLING CODE 4510–27–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Announcing the New iCERT Portal 

System for Temporary and Permanent 

Labor Certifications 

AGENCY: Employment and Training 

Administration, Department of Labor. 

ACTION: Notice. 

SUMMARY: The Employment and 

Training Administration (ETA) is 

announcing a new electronic system for 

submitting the Labor Condition 

Application (LCA) and the Application 

for Permanent Employment 

Certification. 

DATES: This Notice is effective April 15, 

2009. 

FOR FURTHER INFORMATION CONTACT: For 

technical issues stemming from the 

iCERT portal, please contact David 

Wilson, Chief, Division of Technology 

Applications, Office of Performance and 

Technology, 200 Constitution Avenue, 

NW., Washington, DC 20210, telephone 

(202) 693–3493 (this is not a toll-free 

number), e-mail Wilson.david@dol.gov. 

For technical assistance with the iCERT 

Portal System you may also write to 

OFLC.Portal@dol.gov or see the iCERT 

Factsheet on the ETA Web site. For 

program-related issues, please contact 

the appropriate National Processing 

Center’s help desk. For LCA questions 

write to lca.chicago@dol.gov. For PERM 

questions write to plc.atlanta@dol.gov 

or call: (312) 886–8000 (this is not a tollfree number). 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Department of Labor’s 

Employment and Training 

Administration (ETA), Office of Foreign 

Labor Certification (OFLC) provides 

national leadership and policy guidance 

and develops regulations and 

administrative procedures to carry out 

the responsibilities of the Secretary of 

Labor under the Immigration and 

Nationality Act (INA) concerning 

foreign workers seeking admission to 

the United States in order to work under 

the labor certification programs 

authorized by the INA. In the H–1B 

(including H–1B1 and E–3) program, the 

Secretary of Labor must receive an 

attestation from the employer about 

wages, working conditions, strikes, 

lockouts, notice, recruitment and other 

issues related to the possible 

displacement of U.S. workers as 

specified by Congress in 8 U.S.C. 

1182(n) and (t). See also 20 CFR part 

653 and 20 CFR part 655, subparts H 

and I. 

In the permanent labor certification 

program (PERM), the Secretary of Labor 

must certify that: (1) There are not 

sufficient workers who are able, willing, 

qualified, and available at the time of 

application for a visa and admission to 

the United States and at the place where 

the alien is to perform such skilled or 

unskilled labor; and (2) employment of 

the foreign worker will not adversely 

affect the wages and working conditions 

of similarly employed U.S. workers. See 

8 U.S.C. 1182(a)(5)(A)(i); 20 CFR part 

656. 

The H–1B nonimmigrant program 

provides a means for U.S. employers to 

employ foreign workers on a temporary 

basis in specialty occupations while the 

PERM program allows employers to 

employ foreign workers on a permanent 

basis. Currently, both programs have 

electronic applications that can be filled 

out and submitted on-line. The H–1B 

nonimmigrant program requires 

electronic submission. However, the 

two electronic systems are not linked 

and an employer desiring to file 

applications in both systems must set 

up separate accounts. In addition, the 

PERM system does not allow attorneys 

or agents to have their own accounts. 

The new iCERT system will allow 

program users to set up one account and 

multiple subaccounts and utilize the 

account to file in both programs. There 

are enhanced security measures that 

allow employers, attorneys, and agents 

to control who is authorized to input 

data and who is authorized to submit 

applications. 

II. Information on iCERT System 

Activation Dates 

The Department plans to initially 

activate the iCERT system for purposes 

of establishing user accounts and filing 

the new LCA form (9035E). The system 

will be located at http://icert.doleta.gov. 

On and after April 15, 2009, the iCERT 

portal will be available for the 

submission of ETA 9035E (electronic 

LCA H–1B application). The current 

electronic LCA system will continue to 

be available through May 14, 2009. 

However, effective May 15, 2009, the 

LCA for the H–1B program will be 

available for submission only through 

the iCERT portal system. 

The PERM application, Form ETA 

9089, will become available for 

application submission on September 1, 

2009. To allow for an appropriate 

transition, both systems will be active 

during the month of September. 

However, beginning October 1, 2009, 

PERM applications will be submitted 

electronically only through iCERT 

system accounts. 

III. Information on Deactivation of Old 

Electronic Forms 

The Department will deactivate the 

current electronic version of the Form 

ETA 9035E on May 15, 2009. The 

Department will deactivate the current 

electronic version of the Form ETA 9089 

on October 1, 2009. Employers are 

encouraged to copy all necessary 

application information into the new 

iCERT system prior to these 

deactivation dates. The status of 

applications submitted prior to 

deactivation will continue to be 

available through current system 

accounts. 

IV. Help Desk 

The Office of Foreign Labor 

Certification has implemented a 

dedicated Help Desk Unit for program 

assistance at the Chicago National 

Processing Center (CNPC) to serve as a 

resource to those employers and/or their 

representatives in filing LCAs with the 

Department of Labor. Please submit 

program-related questions by e-mail to 

LCA.Chicago@dol.gov. The LCA Help 

Desk e-mail box will be monitored by 

the CNPC during the business hours of 

8:30 a.m. to 5 p.m. Central Time 


rwilkins on PROD1PC63 with PROPOSALS