Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Notices 54431 

in a complaint filed on September 12, 

2008, against the settling defendants 

pursuant to Section 107(a) of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (‘‘CERCLA’’), 42 U.S.C. 9607(a), for 

the recovery of response costs related to 

releases and threatened releases of 

hazardous substances from the Lava Cap 

Mine Superfund Site located in Nevada 

County, California (‘‘the Site’’). 

The proposed Consent Decree 

provides for the payment by the settling 

defendants of $3 million in response 

costs incurred at the Site, including 

$1,860,000 to be paid to the United 

States and $1,140,000 to be paid to 

DTSC. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the Consent Decree. 

Comments should be addressed to the 

Assistant Attorney General, 

Environment and Natural Resources 

Division, and either e-mailed to 

pubcomment-ees.enrd@usdoj.gov or 

mailed to P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States of America and California 

Department of Toxic Substances Control 

v. Newmont Capital Limited and 

Newmont Mining Corporation of 

Canada Limited, D.J. Ref. 90–11–3– 

09404. 

The Consent Decree may be examined 

at the Office of the United States 

Attorney for the Eastern District of 

California, 501 I Street, Suite 10–100, 

Sacramento, CA 95814, and at U.S. 

Environmental Protection Agency, 

Region 9, Office of Regional Counsel, 75 

Hawthorne Street, San Francisco, 

California 94105. During the public 

comment period, the Consent Decree 

may also be examined on the following 

Department of Justice Web site: http:// 

www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

Consent Decree may also be obtained by 

mail from the Consent Decree Library, 

P.O. Box 7611, U.S. Department of 

Justice, Washington, DC 20044–7611, or 

by faxing or e-mailing a request to Tonia 

Fleetwood (tonia.fleetwood@usdoj.gov), 

fax number (202) 514–0097, phone 

confirmation number (202) 514–1547. In 

requesting a copy from the Consent 

Decree Library, please enclose a check 

in the amount of $6.25 (.25 cents per 

page reproduction cost) payable to the 

U.S. Treasury, or if by e-mail or fax, 

forward a check in that amount to the 

Consent Decree Library at the stated 

address. 

Henry Friedman, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. E8–21863 Filed 9–18–08; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

[Docket No. DEA–314P] 

Assessment of Annual Needs for the 

List I Chemicals Ephedrine, 

Pseudoephedrine, and 

Phenylpropanolamine for 2009: 

Proposed 

AGENCY: Drug Enforcement 

Administration (DEA), Justice. 

ACTION: Notice of proposed annual 

assessment of needs for 2009. 

SUMMARY: This notice proposes the 

initial year 2009 assessment of annual 

needs for certain List I chemicals in 

accordance with the Combat 

Methamphetamine Epidemic Act of 

2005 (CMEA), enacted on March 9, 

2006. The Act required DEA to establish 

production quotas and import quotas for 

ephedrine, pseudoephedrine, and 

phenylpropanolamine. The enactment 

of the CMEA places additional 

regulatory controls upon the 

manufacture, distribution, importation, 

and exportation of the three List I 

chemicals. 

DATES: Written comments must be 

postmarked, and electronic comments 

must be sent, on or before October 20, 

2008. 

ADDRESSES: To ensure proper handling 

of comments, please reference ‘‘Docket 

No. DEA–314P’’ on all written and 

electronic correspondence. Written 

comments being sent via regular mail 

should be sent to the Deputy Assistant 

Administrator, Office of Diversion 

Control, Drug Enforcement 

Administration, 8701 Morrissette Drive, 

Springfield, Virginia 22152, Attention: 

DEA Federal Register Representative/ 

ODL. Written comments sent via 

express mail should be sent to DEA 

Headquarters: DEA Federal Register 

Representative/ODL, 8701 Morrissette 

Drive, Springfield, Virginia 22152. 

Comments may be directly sent to DEA 

electronically by sending an electronic 

message to 

dea.diversion.policy@usdoj.gov. 

However, persons wishing to request a 

hearing should note that such requests 

must be written and manually signed; 

requests for a hearing will not be 

accepted via electronic means. DEA will 

accept attachments to electronic 

comments in Microsoft Word, 

WordPerfect, Adobe PDF, or Excel file 

formats only. DEA will not accept any 

file format other than those specifically 

listed here. 

FOR FURTHER INFORMATION CONTACT: 

Christine A. Sannerud, Ph.D., Chief, 

Drug and Chemical Evaluation Section, 

Drug Enforcement Administration, 8701 

Morrisette Drive, Springfield, Virginia 

22152, Telephone: (202) 307–7183. 

SUPPLEMENTARY INFORMATION: Section 

713 of the Combat Methamphetamine 

Epidemic Act of 2005 (Title VII of Pub. 

L. 109–177) (CMEA) amended Section 

306 of the Controlled Substances Act 

(CSA) (21 U.S.C. 826) by adding 

ephedrine, pseudoephedrine, and 

phenylpropanolamine to existing 

language to read as follows: ‘‘The 

Attorney General shall determine the 

total quantity and establish production 

quotas for each basic class of controlled 

substance in schedules I and II and for 

ephedrine, pseudoephedrine, and 

phenylpropanolamine to be 

manufactured each calendar year to 

provide for the estimated medical, 

scientific, research, and industrial needs 

of the United States, for lawful export 

requirements, and for the establishment 

and maintenance of reserve stocks.’’ 

Further, 715 of CMEA amended 21 

U.S.C. 952 ‘‘Importation of controlled 

substances’’ by adding the same List I 

chemicals to the existing language in 

paragraph (a), and by adding a new 

paragraph (d) to read as follows: 

(a) Controlled substances in schedule I or 

II and narcotic drugs in schedule III, IV, or 

V; exceptions 

It shall be unlawful to import into the 

customs territory of the United States from 

any place outside thereof (but within the 

United States), or to import into the United 

States from any place outside thereof, any 

controlled substance in schedule I or II of 

subchapter I of this chapter, or any narcotic 

drug in schedule III, IV, or V of subchapter 

I of this chapter, or ephedrine, 

pseudoephedrine, and 

phenylpropanolamine, except that— 

(1) such amounts of crude opium, poppy 

straw, concentrate of poppy straw, and coca 

leaves, and of ephedrine, pseudoephedrine, 

and phenylpropanolamine, as the Attorney 

General finds to be necessary to provide for 

medical, scientific, or other legitimate 

purposes, and 

* * * * * 

(d)(1) With respect to a registrant under 

section 958 who is authorized under 

subsection (a)(1) to import ephedrine, 

pseudoephedrine, or phenylpropanolamine, 

at any time during the year the registrant may 

apply for an increase in the amount of such 

chemical that the registrant is authorized to 


jlentini on PROD1PC65 with NOTICES
54432 Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Notices 

import, and the Attorney General may 

approve the application if the Attorney 

General determines that the approval is 

necessary to provide for medical, scientific, 

or other legitimate purposes regarding the 

chemical. 

Editor’s Note: This excerpt of the 

amendment is published for the convenience 

of the reader. The official text is published 

at 21 U.S.C. 952(a) and (d)(1). 

The proposed year 2009 assessment of 

annual needs represents those quantities 

of ephedrine, pseudoephedrine, and 

phenylpropanolamine which may be 

manufactured domestically and/or 

imported into the United States to 

provide adequate supplies of each 

substance for: the estimated medical, 

scientific, research, and industrial needs 

of the United States; lawful export 

requirements; and the establishment 

and maintenance of reserve stocks. 

To develop the 2009 assessment of 

annual needs for the United States, DEA 

considered applications for 2009 

import, manufacturing, and 

procurement quotas received from DEA 

registered manufacturers and importers. 

DEA further considered information 

contained in import and export 

declarations (DEA–486) along with 

information relating to trends in the 

national rate of disposals, actual and 

estimated inventories, and projected 

demand for the List I chemicals 

ephedrine, pseudoephedrine and 

phenylpropanolamine in accordance 

with 21 CFR 1315.11. 

Therefore, under the authority vested 

in the Attorney General by Section 306 

of the CSA (21 U.S.C. 826), and 

delegated to the Administrator of the 

DEA by 28 CFR 0.100, and redelegated 

to the Deputy Administrator pursuant to 

28 CFR 0.104, the Deputy Administrator 

hereby proposes the following 2009 

assessment of annual needs for the List 

I chemicals ephedrine, 

pseudoephedrine, and 

phenylpropanolamine for 2009, 

expressed in kilograms of anhydrous 

base: 

List I chemicals 

Proposed Year 2009 

assessment of annual 

needs 

Ephedrine (for sale) .. 2,500 kg 

Ephedrine (for conversion).110,000 kg 

Pseudoephedrine (for 

sale).

415,000 kg 

Phenylpropanolamine 

(for sale).

7,500 kg 

Phenylpropanolamine 

(for conversion).

50,000 kg 

Ephedrine (for conversion) refers to 

the industrial use of ephedrine, i.e., that 

which will be converted to another 

basic drug class such as 

methamphetamine or pseudoephedrine. 

Phenylpropanolamine (for conversion) 

refers to the industrial use of 

phenylpropanolamine, i.e., that which 

will be converted to another basic drug 

class such as amphetamine used for the 

manufacture of drug products for the 

treatment of attention-deficit 

hyperactivity disorders. The ‘‘for sale’’ 

assessments refer to the amount of 

ephedrine, pseudoephedrine, and 

phenylpropanolamine intended for 

ultimate use in products containing 

these List I chemicals. 

All interested persons are invited to 

submit their comments in writing or 

electronically regarding this proposal 

following the procedures in the 

‘‘ADDRESSES’’ section of this document. 

A person may object to or comment on 

the proposal relating to any of the 

above-mentioned substances without 

filing comments or objections regarding 

the others. If a person believes that one 

or more of these issues warrant a 

hearing, the individual should so state 

and summarize the reasons for this 

belief. Persons wishing to request a 

hearing should note that such requests 

must be written and manually signed; 

requests for a hearing will not be 

accepted via electronic means. In the 

event that comments or objections to 

this proposal raise one or more issues 

which the Deputy Administrator finds 

warrant a hearing, the Deputy 

Administrator shall order a public 

hearing by notice in the Federal 

Register, summarizing the issues to be 

heard and setting the time for the 

hearing as per 21 CFR 1315.13(e). 

Regulatory Certifications 

Regulatory Flexibility Act 

The Deputy Administrator hereby 

certifies that this action will not have a 

significant economic impact upon small 

entities whose interests must be 

considered under the Regulatory 

Flexibility Act, 5 U.S.C. 601–612. The 

establishment of the assessment of 

annual needs for ephedrine, 

pseudoephedrine, and 

phenylpropanolamine is mandated by 

law. The assessments are necessary to 

provide for the estimated medical, 

scientific, research and industrial needs 

of the United States, for lawful export 

requirements, and the establishment 

and maintenance of reserve stocks. 

Accordingly, the Deputy Administrator 

has determined that this action does not 

require a regulatory flexibility analysis. 

Executive Order 12866 

The Office of Management and Budget 

has determined that notices of 

assessment of annual needs are not 

subject to centralized review under 

Executive Order 12866. 

Executive Order 13132 

This action does not preempt or 

modify any provision of state law; nor 

does it impose enforcement 

responsibilities on any state; nor does it 

diminish the power of any state to 

enforce its own laws. Accordingly, this 

action does not have federalism 

implications warranting the application 

of Executive Order 13132. 

Executive Order 12988 

This action meets the applicable 

standards set forth in Sections 3(a) and 

3(b)(2) of Executive Order 12988 Civil 

Justice Reform. 

Unfunded Mandates Reform Act of 1995 

This action will not result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $120,000,000 or more 

in any one year, and will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

Congressional Review Act 

This action is not a major rule as 

defined by Section 804 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996. This action will 

not result in an annual effect on the 

economy of $100,000,000 or more; a 

major increase in costs or prices; or 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

Dated: September 10, 2008. 

Michele M. Leonhart, 

Deputy Administrator. 

[FR Doc. E8–21960 Filed 9–18–08; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Investigations Regarding Certifications 

of Eligibility To Apply for Worker 

Adjustment Assistance and Alternative 

Trade Adjustment Assistance 

Petitions have been filed with the 

Secretary of Labor under section 221(a) 

of the Trade Act of 1974 (‘‘the Act’’) and 

are identified in the Appendix to this 


jlentini on PROD1PC65 with NOTICES