19570 Federal Register / Vol. 74, No. 81 / Wednesday, April 29, 2009 / Notices 

Medicaid program, a State health 

department, or the Drug Enforcement 

Administration must submit a written 

request to the State PMP that identifies 

the summary statistics sought. The 

requesting Department, program, 

administration, etc., must certify that 

the requested information is necessary 

for research to be conducted by such 

department, program, or administration, 

respectively, and the intended purpose 

of the research is related to a function 

committed to such department, 

program, or administration by law that 

is not investigative in nature. 

(e) An agent of the State agency or 

entity of another State that is 

responsible for the establishment and 

maintenance of the State’s controlled 

substance monitoring program must 

submit a written request on Agency 

letterhead that identifies the requestor 

as the person responsible for that State’s 

controlled substance monitoring 

program. After authentication by the 

disclosing State PMP, the requesting 

State certifies that (i) the State has an 

application approved under this section; 

and (ii) the requested information is for 

the purpose of implementing the State’s 

controlled substance monitoring 

program. 

Patients. The Administrator notes that 

NASPER does not specifically designate 

disclosures to patients as a category for 

minimum requirements, perhaps 

because HIPAA and other patient 

information access provisions already 

permit sufficient patient access to their 

own controlled prescription drug 

information. The Administrator invites 

specific comment on this issue. 

Unsolicited Disclosures of 

Information from PMPs. Practitioners 

and Dispensers. Under 42 U.S.C. 280g– 

3(f)(2)(A), NASPER requires that ‘‘[I]n 

consultation with practitioners, 

dispensers, and other relevant and 

interested stakeholders, a State 

receiving a grant under subsection (a) 

* * * shall establish a program to notify 

practitioners and dispensers of 

information that will help identify and 

prevent the unlawful diversion or 

misuse of controlled substances * * *.’’ 

The Administrator understands that 

notifying prescribers and dispensers 

when PMP activity suggest drug 

diversion, or identifying individuals 

who may need substance abuse 

treatment, is important to reducing 

substance abuse and reducing illicit 

distribution of controlled prescription 

substances. In addition, the 

Administrator is aware that many States 

have established ‘‘thresholds’’ that 

trigger such notifications. States have 

considerable latitude in establishing 

such programs; and, at a minimum 

States must establish and articulate the 

criteria for such thresholds. For 

example: The threshold for notifying 

prescribers and dispensers is when an 

individual has filled five or more 

controlled substance prescriptions from 

five different prescribers, or five 

different dispensers in the State, within 

a six month period. 

Drug Diversion Investigators—Under 

42 U.S.C. 280g–3(f)(2)(B) a State PMP 

‘‘may, to the extent permitted under 

State law, notify the appropriate 

authorities responsible for carrying out 

drug diversion investigations if the State 

determines that information in the 

database maintained by the State under 

subsection (e) indicates an unlawful 

diversion or abuse of a controlled 

substance.’’ 

The Administrator notes that the 

language in NASPER clearly indicates 

that the provision for PMP to notify law 

enforcement officials of potentially 

criminal violations is voluntary. It is 

likely that most States with existing 

PMPs have established procedures and 

thresholds for these types of unsolicited 

disclosures. The Administrator 

understands that minimum required 

thresholds and procedures would be 

quantitatively and qualitatively different 

from those proposed for practitioners 

and dispensers, above. At this time, the 

Administrator is not proposing 

minimum requirements for unsolicited 

disclosures to drug diversion 

investigators; however, the 

Administrator invites comment on this 

issue. 

Eric B. Broderick, 

Acting Administrator, Assistant Surgeon 

General, Substance Abuse and Mental Health 

Services Administration. 

[FR Doc. E9–9854 Filed 4–28–09; 8:45 am] 

BILLING CODE 4162–20–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

[Docket Number 105–A] 

Updating the List of Hazardous Drugs 

for the NIOSH Alert: Additions and 

Deletions to the NIOSH Hazardous 

Drug List 

AGENCY: National Institute for 

Occupational Safety and Health 

(NIOSH) of the Centers for Disease 

Control and Prevention (CDC), 

Department of Health and Human 

Services (HHS). 

ACTION: Notice of draft document 

available for public comment. 

SUMMARY: The National Institute for 

Occupational Safety and Health 

(NIOSH) of the Centers for Disease 

Control and Prevention (CDC) 

announces the availability of the 

following draft document available for 

public comment entitled ‘‘Updating the 

List of Hazardous Drugs for the NIOSH 

Alert: Additions and Deletions to the 

NIOSH Hazardous Drug List.’’ The 

document and instructions for 

submitting comments can be found at 

http://www.cdc.gov/niosh/review/ 

public/105a/. 

DATES: Comments must be postmarked 

by June 30, 2009. 

ADDRESSES: You may submit comments 

to nioshdocket@cdc.gov or to the NIOSH 

Docket Office, Robert A. Taft 

Laboratories, MS–C34, 4676 Columbia 

Parkway, Cincinnati, OH 45226 or by 

facsimile (513) 533–8285. Comments 

should be in Microsoft Word format and 

should reference NIOSH docket number 

105–A. NIOSH includes all comments 

received without change in the docket, 

including any personal information 

provided. After the comment period has 

closed, comments will be able to be 

accessed electronically at http:// 

www.cdc.gov/NIOSH under the link to 

the NIOSH docket. As appropriate, 

NIOSH will post comments with the 

commenters’ names, affiliations and 

other information, on the Internet. 

Background: The ‘‘NIOSH Alert: 

Preventing Occupational Exposures to 

Antineoplastic and Other Hazardous 

Drugs in Health Care Settings’’ was 

published in September 2004 (http:// 

www.cdc.gov/niosh/docs/2004–165/). 

Since that time, approximately 60 new 

drugs have received FDA approval and 

approximately 60 drugs have received 

special warnings (usually black box 

warnings) based on reported adverse 

effects in patients. An additional 18 

drugs were included from the updated 

National Institutes of Health (NIH) 

Hazardous Drug List. From this list of 

approximately 150 drugs, 62 drugs were 

determined to have one or more 

characteristic of a hazardous drug and 

published for comment in NIOSH 

docket number 105. 

After review by experts, public review 

and comment, input from stakeholders 

and review of the scientific literature, 

NIOSH has proposed a second draft list 

of hazardous drugs. A number of drugs 

were removed from the initial proposed 

list based on comments from the various 

groups and organizations. The second 

draft list identifies 24 drugs that fit the 

NIOSH definition of hazardous drugs. 

Based on comments received by NIOSH, 

Bacillus Calmette-Guerin (BCG) will be 

removed from Appendix A in the 2004 


pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 74, No. 81 / Wednesday, April 29, 2009 / Notices 19571 

NIOSH Alert on Hazardous Drugs 

(http:// 

www.cdc.gov/niosh/docs/2004–165/) 

due to potential adverse effects in some 

patients from cross-contamination. 

This guidance document does not 

have the force and effect of law. 

FOR FURTHER INFORMATION CONTACT: 

Barbara MacKenzie, NIOSH, Robert A. 

Taft Laboratories, MS–C26, 4676 

Columbia Parkway, Cincinnati, OH 

45226, telephone (513) 533–8132, Email: hazardousdrugs@cdc.gov. 

Reference: http://www.cdc.gov/niosh/ 

docs/2004–102/. Web address for this 

document: http://www.cdc.gov/niosh/ 

review/public/105a/. All information 

received in response to this notice will 

be available for public examination and 

copying at the NIOSH Docket Office, 

4676 Columbia Parkway, Room 111, 

Cincinnati, Ohio, 45226, telephone 

(513) 533–8303. 

Dated: April 22, 2009. 

Christine M. Branche, 

Acting Director, National Institute for 

Occupational Safety and Health, Centers for 

Disease Control and Prevention. 

[FR Doc. E9–9779 Filed 4–28–09; 8:45 am] 

BILLING CODE 4163–19–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Immigration and Customs 

Enforcement 

Agency Information Collection 

Activities: New Information Collection; 

Comment Request 

ACTION: 30-Day Notice of Information 

Collection Under Review; Form I–312, 

Designation of Attorney in Fact. 

The Department of Homeland 

Security, U.S. Immigration and Customs 

Enforcement (USICE), has submitted the 

following information collection request 

for review and clearance in accordance 

with the Paperwork Reduction Act of 

1995. The information collection was 

previously published in the Federal 

Register on February 12, 2009 Vol. 74 

No. 28 7072, allowing for a 60-day 

public comment period. No comments 

were received on this information 

collection. 

The purpose of this notice is to allow 

an additional 30 days for public 

comments. Comments are encouraged 

and will be accepted for thirty days May 

29, 2009. Written comments and 

suggestions from the public and affected 

agencies regarding items contained in 

this notice and especially with regard to 

the estimated public burden and 

associated response time should be 

directed to the Office of Information and 

Regulatory Affairs, Office of 

Management and Budget. Comments 

should be addressed to OMB Desk 

Officer, for United States Immigration 

and Customs Enforcement, Department 

of Homeland Security, and sent via 

electronic mail to 

oira_submission@omb.eop.gov or faxed 

to (202) 395–6974. 

Written comments and suggestions 

from the public and affected agencies 

concerning the proposed collection of 

information should address one or more 

of the following four points: 

(1) 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; 

(2) 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; 

(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(4) 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. 

Overview of This Information 

Collection 

(1) Type of Information Collection: 

New information collection. 

(2) Title of the Form/Collection: 

Designation of Attorney in Fact. 

(3) Agency form number, if any, and 

the applicable component of the 

Department of Homeland Security 

sponsoring the collection: Form I–312. 

U.S. Immigration and Customs 

Enforcement. 

(4) Affected public who will be asked 

or required to respond, as well as a brief 

abstract: Primary: Individuals or 

Households. The I–312 is the 

instrument the U.S. Immigration and 

Customs Enforcement (ICE) uses to 

provide immigration bond obligors a 

means to designate an attorney to accept 

on the obligor’s behalf, the return of 

cash or United States bonds or notes 

deposited to secure an immigration 

bond upon the cancellation of the bond 

or the performance of the obligor. 

(5) An estimate of the total number of 

respondents and the amount of time 

estimated for an average respondent to 

respond: 12,500 responses at 30 minutes 

(.50 hours) per response. 

(6) An estimate of the total public 

burden (in hours) associated with the 

collection: 6,250 annual burden hours. 

Requests for a copy of the proposed 

information collection instrument, with 

instructions; or inquiries for additional 

information should be directed to: 

Joseph M. Gerhart, Chief, Records 

Management Branch; U.S. Immigration 

and Customs Enforcement, 500 12th 

Street, SW., Room 3138, Washington, 

DC 20536; (202) 732–6337. 

Dated: April 22, 2009. 

Lee Shirkey, 

Acting Chief, Records Management Branch, 

U.S. Immigration and Customs Enforcement, 

Department of Homeland Security. 

[FR Doc. E9–9720 Filed 4–28–09; 8:45 am] 

BILLING CODE 9111–28–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

Agency Information Collection 

Activities: National Interest Waivers; 

Supplemental Evidence to I–140 and I– 

485, Extension of a Currently 

Approved Information Collection; 

Comment Request 

ACTION: 30–Day Notice of Information 

Collection Under Review: National 

Interest Waivers; Supplemental 

Evidence to I–140 and I–485; OMB 

Control No. 1615–0063. 

The Department of Homeland 

Security, U.S. Citizenship and 

Immigration Services (USCIS) has 

submitted the following information 

collection request to the Office of 

Management and Budget (OMB) for 

review and clearance in accordance 

with the Paperwork Reduction Act of 

1995. The information collection was 

previously published in the Federal 

Register on February 11, 2009, at 74 FR 

6915, allowing for a 60-day public 

comment period. USCIS did not receive 

any comments for this information 

collection. 

The purpose of this notice is to allow 

an additional 30 days for public 

comments. Comments are encouraged 

and will be accepted until May 29, 

2009. This process is conducted in 

accordance with 5 CFR 1320.10. 

Written comments and/or suggestions 

regarding the item(s) contained in this 

notice, especially regarding the 

estimated public burden and associated 

response time, should be directed to the 

Department of Homeland Security 

(DHS), and to the Office of Information 

and Regulatory Affairs, Office of 


pwalker on PROD1PC71 with NOTICES