57668 Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Notices 

Respondent does not argue that the statute is 

unconstitutional. Nor could it, as the Supreme 

Court has repeatedly upheld the use of postdeprivation process in emergency situations. See, 

e.g., Gilbert v. Homar, 520 U.S. 924 (1997). 

Moreover, in this case, the evidence of 

Respondent’s continued large sales of listed 

chemical products, even after being served with the 

first Show Cause Order, supports the finding that 

Respondent’s continued registration during the 

pendency of the proceeding posed an imminent 

danger to public health and safety. Respondent 

could also have sought review of the suspension in 

a ‘‘court of competent jurisdiction.’’ 21 U.S.C. 

824(d). 

Finally, Respondent asserts that ‘‘the effect of the 

DEA’s arbitrary actions [in its] case [is] to 

discriminate against him because he is a legal 

alien’’ in violation of his right to equal protection 

of the laws. Resp. Prop. Findings at 25. Respondent 

does not, however, contend that the Agency is 

intentionally discriminating against its owner, see 

Hernandez v. New York, 500 U.S. 352, 359–60 

(1991), a requirement for stating a claim under the 

Equal Protection Clause, and in any event, it has 

produced no evidence to support its claim. 

Respondent is just one of many list I chemical 

distributors whose registrations have been revoked 

for committing acts inconsistent with the public 

interest. 

Order 

Pursuant to the authority vested in me 

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

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

DEA Certificate of Registration, 

040450SLY, issued to Sunny Wholesale, 

Inc., 120 Forest Parkway, Forest Park, 

Georgia, be, and it hereby is, revoked, 

and that its application to renew this 

registration be, and it hereby is, denied. 

I further order that Sunny Wholesale, 

Inc.’s, application for a DEA Certificate 

Registration at 2935 N. Decatur Road, 

Suite C, Decatur, Georgia, be, and it 

hereby is, denied. These orders are 

effective November 3, 2008. 

Dated: September 26, 2008. 

Michele M. Leonhart, 

Deputy Administrator. 

[FR Doc. E8–23395 Filed 10–2–08; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Submission for OMB Review: 

Comment Request 

September 26, 2008. 

The Department of Labor (DOL) 

hereby announces the submission of the 

following public information collection 

request (ICR) 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 this ICR, with applicable 

supporting documentation; including 

among other things a description of the 

likely respondents, proposed frequency 

of response, and estimated total burden 

may be obtained from the RegInfo.gov 

Web site at http://www.reginfo.gov/ 

public/do/PRAMain or by contacting 

Amy Hobby on 202–693–4553 (this is 

not a toll-free number)/email: 

DOL_PRA_PUBLIC@dol.gov. 

Interested parties are encouraged to 

send comments to the Office of 

Information and Regulatory Affairs, 

Attn: OMB Desk Officer for the 

Employment Standards Administration 

(ESA), Office of Management and 

Budget, Room 10235, Washington, DC 

20503, Telephone: 202–395–7316 / Fax: 

202–395–6974 (these are not toll-free 

numbers), E-mail: 

OIRA_submission@omb.eop.gov within 

30 days from the date of this publication 

in the Federal Register. In order to 

ensure the appropriate consideration, 

comments should reference the OMB 

Control Number (see below). 

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: Employment Standards 

Administration. 

Type of Review: Extension without 

change of an existing OMB Control 

Number. 

Title of Collection: Requirements of a 

Bona Fide Thrift or Savings Plan (29 

CFR Part 547) and Requirements of a 

Bona Fide Profit-Sharing Plan or Trust 

(29 CFR Part 549). 

OMB Control Number: 1215–0119. 

Affected Public: Businesses or other 

for-profits, Farms, Not-for-profit 

institutions. 

Total Estimated Number of 

Respondents: 844,000. 

Total Estimated Annual Burden 

Hours: 352. 

Total Estimated Annual Costs Burden: 

$0. 

Description: This information 

collection applies to employers claiming 

the overtime exemption available under 

section 7(e)(3)(b) of the Fair Labor 

Standards Act. Specifically, in 

calculating an employee’s regular rate of 

pay, an employer need not include 

contributions made to a bona fide thrift 

or savings plan or a bona fide profitsharing plan or trust—as defined in 29 

CFR Parts 547 and 549. Employers are 

required to communicate, or make 

available to the employees, the terms of 

the bona fide thrift or savings plan and 

bona fide profit-sharing plan or trust, 

and retain certain records. For 

additional information, see related 

notice published at 73 FR 39725 on July 

10, 2008. 

Darrin A. King, 

Departmental Clearance Officer. 

[FR Doc. E8–23101 Filed 10–2–08; 8:45 am] 

BILLING CODE 4510–27–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–62,583; TA–W–62,583A] 

PeopLoungers, Inc., Nettleton, MS, and 

PeopLoungers, Inc., Mantachie, MS; 

Amended Certification Regarding 

Eligibility To Apply for Worker 

Adjustment Assistance and Alternative 

Trade Adjustment Assistance 

In accordance with Section 223 of the 

Trade Act of 1974 (19 U.S.C. 2273), and 

Section 246 of the Trade Act of 1974 (26 

U.S.C. 2813), as amended, the 

Department of Labor issued a 

Certification of Eligibility to Apply for 

Worker Adjustment Assistance and 

Alternative Trade Adjustment 

Assistance on April 2, 2008, applicable 

to workers of PeopLoungers, Inc., 

Nettleton, Mississippi. The notice was 

published in the Federal Register on 

April 17, 2008 (73 FR 20954). 

At the request of a company official, 

the Department reviewed the 

certification for workers of the subject 

firm. The workers are engaged in the 

production of furniture. 

New information provided by the 

company official shows that after the 

worker group was certified eligible to 

apply for adjustment assistance, the 

subject firm relocated remaining 

workers and production from Nettleton, 

Mississippi to Mantachie, Mississippi. 

Based on this finding, the Department 

is amending the certification to include 

workers separated from the Mantachie, 

Mississippi location of PeopLoungers, 

Inc. 

mstockstill on PROD1PC66 with NOTICES