Notices. Notice

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BILLING CODE 4410-15-M DEPARTMENT OF JUSTICE Drug Enforcement Administration Importer of Controlled Substances; Notice of Application Pursuant to 21 U.S.C. 958(i), the Attorney General shall, prior to issuing a registration under this Section to a bulk manufacturer of a controlled substance in Schedule I or II and prior to issuing a regulation under 21 U.S.C. 952(a) authorizing the importation of such a substance, provide manufacturers holding registrations for the bulk manufacture of the substance an opportunity for a hearing.

Therefore, in accordance with 21 CFR 1301.34(a), this is notice that on January 20, 2006, Sigma Aldrich Manufacturing LLC., Subsidiary of Sigma-Aldrich Company, 3500 Dekalb Street, St. Louis, Missouri 63118, made application by renewal to the Drug Enforcement Administration

(DEA)to be registered as an importer of the basic classes of controlled substances listed in Schedule I and II: Drug Schedule Cathinone

(1235)I Methcathinone

(1237)I Aminorex

(1585)I Gamma Hydroxybutyric Acid

(2010)I Methaqualone

(2565)I Ibogaine

(7260)I Lysergic acid diethylamide

(7315)I Marihuana

(7360)I Tetrahydrocannabinols

(7370)I Mescaline

(7381)I 4-Bromo-2,5-dimethoxyamphetamine

(7391)I 4-Bromo-2,5-dimethoxyphenethylamine

(7392)I 4-Methyl-2,5-dimethoxyamphetamine

(7395)I 2,5-Dimethoxyamphetamine

(7396)I 3,4-Methylenedioxyamphetamine

(7400)I N-Hydroxy-3,4-methylenedioxyamphetamine

(7402)I 3,4-Methylenedioxy-N-ethylamphetamine

(7404)I 3,4-Methylenedioxymethamphetamine

(7405)I 4-Methoxyamphetamine

(7411)I Bufotenine

(7433)I Diethyltryptamine

(7434)I Dimethyltryptamine

(7435)I Psilocybin

(7437)I Psilocyn

(7438)I N-Ethyl-1-phenylcyclohexylamine

(7455)I N-Benzylpiperazine

(7493)I Trifluoromethylphenyl Piperazine

(7494)I Heroin

(9200)I Normorphine

(9313)I Etonitazene

(9624)I Amphetamine

(1100)II Methamphetamine

(1105)II Methylphenidate

(1724)II Amobarbital

(2125)II Pentobarbital

(2270)II Secobarbital

(2315)II Glutethimide

(2550)II Nabilone

(7379)II Phencyclidine

(7471)II Cocaine

(9041)II Codeine

(9050)II Diprenorphine

(9058)II Oxycodone

(9143)II Hydromorphone

(9150)II Diphenoxylate

(9170)II Ecgonine

(9180)II Ethylmorphine

(9190)II Hydrocodone

(9193)II Levorphanol

(9220)II Meperidine

(9230)II Methadone

(9250)II Dextropropoxyphene, bulk (non-dosage forms)

(9273)II Morphine

(9300)II Thebaine

(9333)II Opium powdered

(9639)II Oxymorphone

(9652)II Fentanyl

(9801)II The company plans to import the listed controlled substances for sale to research facilities for drug testing and analysis. Any manufacturer who is presently, or is applying to be, registered with DEA to manufacture such basic classes of controlled substances may file comments or objections to the issuance of the proposed registration and may, at the same time, file a written request for a hearing on such application pursuant to 21 CFR 1301.43 and in such form as prescribed by 21 CFR 1316.47. Any such written comments or objections being sent via regular mail should be addressed, in quintuplicate, to the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration, Washington, DC 20537, Attention: DEA Federal Register Representative/ODL; or any being sent via express mail should be sent to DEA Headquarters, Attention: DEA Federal Register Representative/ODL, 2401 Jefferson-Davis Highway, Alexandria, Virginia 22301; and must be filed no later than September 20, 2006. This procedure is to be conducted simultaneously with and independent of the procedures described in 21 CFR 1301.34(b), (c), (d),

(e)and (f). As noted in a previous notice published in the **Federal Register** on September 23, 1975, (40 FR 43745-46), all applicants for registration to import a basic class of any controlled substance listed in Schedule I or II are, and will continue to be required to demonstrate to the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration, that the requirements for such registration pursuant to 21 U.S.C. 958(a), 21 U.S.C. 823(a), and 21 CFR 1301.34(b), (c), (d),

(e)and

(f)are satisfied. Dated: August 14, 2006. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E6-13727 Filed 8-18-06; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Manufacturer of Controlled Substances; Notice of Registration By Notice dated April 18, 2006, and published in the **Federal Register** on April 25, 2006, (71 FR 23950), Noramco Inc., 1440 Olympic Drive, Athens, Georgia 30601, made application by renewal to the Drug Enforcement Administration

(DEA)to be registered as a bulk manufacturer of the basic classes of controlled substances listed in Schedules I and II: Drug Schedule Codeine-N-oxide

(9053)I Morphine-N-oxide

(9307)I Amphetamine

(1100)II Codeine

(9050)II Dihydrocodeine

(9120)II Oxycodone

(9143)II Hydromorphone

(9150)II Hydrocodone

(9193)II Morphine

(9300)II Thebaine

(9333)II Sufentanil

(9740)II Fentanyl

(9801)II The company plans to manufacture small quantities of the Schedule I controlled substances for internal testing; the Schedule II controlled substances will be manufactured in bulk for distribution to its customers. No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and determined that the registration of Noramco Inc. to manufacture the listed basic classes of controlled substances is consistent with the public interest at this time. DEA has investigated Noramco Inc. to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history. Therefore, pursuant to 21 U.S.C. 823, and in accordance with 21 CFR 1301.33, the above named company is granted registration as a bulk manufacturer of the basic classes of controlled substances listed. Dated: August 14, 2006. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E6-13724 Filed 8-18-06; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF LABOR Employment and Training Administration Implementing the Salary and Bonus Limitations in Public Law 109-234 AGENCY: Employment and Training Administration, Labor. ACTION: Notice. SUMMARY: This notice provides information regarding implementing salary and bonus limitations in Public Law 109-234. It is directed to all Employment and Training Administration

(ETA)grantees, contractors and other recipients of ETA appropriated funds. The purpose of this Notice is to inform States and other ETA-fund recipients and sub-recipients of a new limitation on salary and bonus payments that can be made with funds appropriated to ETA and provide guidance on implementing this new provision. SUPPLEMENTARY INFORMATION: I. References Public Law 109-234. II. Background On June 15, 2006, President Bush signed into law an emergency supplemental appropriations bill, Public Law 109-234. Section 7013 of this public law limits salary and bonus compensation for individuals who are paid by funds appropriated to the Employment and Training Administration and provided to recipients and sub-recipients. Specifically, section 7013 states: None of the funds appropriated in Public Law 109-149 or prior Acts under the heading “Employment and Training” that are available for expenditure on or after the date of enactment of this section shall be used by a recipient or subrecipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of Executive Level II, except as provided for under section 101 of Public Law 109-149. This limitation shall not apply to vendors providing goods and services as defined in OMB Circular A-133. Where States are recipients of such funds, States may establish a lower limit for salaries and bonuses of those receiving salaries and bonuses from subrecipients of such funds, taking into account factors including the relative cost-of-living in the State, the compensation levels for comparable State or local government employees, and the size of the organizations that administer Federal programs involved including Employment and Training Administration programs. III. Policy Guidance This policy guidance provides the workforce investment system with information on programs that are impacted by this provision; the effective date and cycles of funding that are impacted; covered individuals and transactions; the application of the limitation; related grant and contract modifications; action required; and where to direct inquiries. IV. Programs Impacted by This Provision The new salary and bonus limitation applies to all programs and activities undertaken through grants and contracts funded by an appropriation to ETA. Therefore, this limitation applies to all programs administered by ETA, unless the program falls within an exception outlined below. The salary and bonus limitation also applies to programs funded by an ETA appropriation, but administered by another agency. For example, certain programs funded by ETA appropriations are administered by the Department of Labor's Veterans Employment and Training Service or the Department of the Interior. ETA will inform agencies which administer such programs of this new requirement. Any questions should be directed to the administering agency. A recipient or sub-recipient may receive funds from ETA that are a combination of funds appropriated to ETA and funds that are not appropriated to ETA. In this situation, the limitations of section 7013 as described in this TEGL apply to the portion of the funding that is appropriated to ETA. *Exceptions:* This limitation does not apply to programs funded by H-1B grant funds. These funds are received from employer paid fees and are not appropriated. Therefore, the programs they fund are not covered by the salary and bonus limitation. Examples of such programs include activities funded through the WIRED Initiative and *some* High Growth Job Training Initiative grants. The limitation also does not apply to the Disaster Unemployment Assistance

(DUA)program. These funds are appropriated to the Federal Emergency Management Agency

(FEMA)and transferred to ETA. WIA incentive grants financed only through Department of Education appropriations are not covered by this limitation. Public Law 109-234 specifically states that it does not change the limitations that Public Law 109-149 section 101 previously set for individuals paid through the Job Corps program. These limitations are still in effect. Questions concerning the applicability of the new provision to any Job Corps funds should be directed to Job Corps officials. Any limitation on payments to individuals contained in grants or contracts with ETA which are more restrictive than Public Law 109-234 are not changed by Public Law 109-234. For example, any limitation on consultant fees in grants or contracts are generally more restrictive than the limitations in Public Law 109-234, when broken down as an hourly rate, and will continue to apply. V. Effective Date and Funding Cycles Impacted The limitation on salaries and bonuses applies to funds appropriated in Fiscal Year 2006 under Public Law 109-149 and prior year appropriation funds under the heading “Employment and Training” that remain available for expenditure. It applies to funds that are available for expenditure on or after June 15, 2006. It does not apply to funds expended before June 15, 2006. VI. Covered Individuals and Transactions The provision in Public Law 109-234 limits the use of funds used by a recipient or sub-recipient to pay for salary and bonuses of an individual. Examples of recipients include entities and their funded partners that receive contracts and grants from ETA. Examples of sub-recipients include sub-contractors or sub-grantees. Any salary or bonus payments made by a recipient or a sub-recipient to an individual are covered by this limitation. This limitation applies to such payments regardless of whether they are paid as a direct or an indirect cost. However, according to the law this limitation does not apply to “vendors” as defined in OMB Circular A-133. A vendor means a dealer, distributor, merchant, or other seller providing goods or services that are required for the conduct of a Federal program. Characteristics indicative of a payment for goods and services received by a vendor are when the organization:

(1)Provides the goods and services within normal business operations;

(2)Provides similar goods or services to many different purchasers;

(3)Operates in a competitive environment;

(4)Provides goods or services that are ancillary to the operation of the Federal program; and

(5)Is not subject to compliance requirements of the Federal program. For example, an office supply business that provides “off the shelf” paper, printers, computers, software, etc. to other businesses, individuals, as well as to grant programs would be a vendor. Also, a training institution which provides one of its accounting courses/classes to any interested individual as well as to clients of an ETA funded grant program is acting as a vendor. However, when that same training institution develops and delivers a training course specifically for an ETA funded program it is acting as a sub-recipient even if others are allowed to attend and pay for the course/class at the institution's tuition rate. VII. Application of the Limitation The law sets the limit on salaries and bonuses at a rate equivalent to no more than Executive Level II. A salary table providing this rate is listed on the Federal Office of Personnel Management Web site ( *http://www.opm.gov* ) under Federal Salaries & Wages. These levels are adjusted annually and the Web site is updated annually. For FY 2006, the limit is set at $165,200. The Public Law 109-234 limitation does not apply to benefits that are not salary and bonuses. For example, fringe benefits, insurance premiums or pension plans paid by a recipient or sub-recipient are not included in this calculation. Individuals can receive payments from funds not impacted by section 7013 in addition to funds that are impacted by 7013. For example an entity may receive funds from other Federal programs, from the State, from municipalities, or even private funds. In those instances the total sum of any employee's salary and bonuses may be higher than Executive Level II. However, in instances where funds impacted by section 7013 only pay a portion of the salary, the section 7013-impacted funds may only be charged for the share of the employee's salary attributable to the work on the section 7013-impacted grant or contract. That portion cannot exceed the Executive Level II rate. For example, if 25 percent of an employee's time is attributable to work performed under grants covered by the provision and the annual Executive Level II amount is $165,200, no more than $41,300 can be charged to ETA during the year. If not already done, all affected recipients or sub-recipients must implement these requirements retroactively to the date of enactment, June 15, 2006. This provision means that salary payments will need to be adjusted back to June 15, 2006. *Bonuses:* The restriction applies to both salaries and bonuses. The sum of all bonuses received over the previous 12-month period when added to the employee's salary may not at any time exceed the limitation. For example, an employee paid at a $162,000 may not receive bonuses in any 12-month period that exceeds $3,200, assuming the limitation of $165,200. When States are the recipients of the funds, States can set a limit below Executive Level II for salaries paid by sub-recipients. However, States should take the factors listed in section 7013 into account when re-designating the limit. VIII. Grant and Contract Modifications Please be advised ETA will modify appropriate grants and contracts to conform to the new requirements of Public Law 109-234. IX. Action Required All recipients of ETA appropriated funds should become familiar with the requirements of Public Law 109-234. States shall inform all staff, sub-recipients (sub-grantees and contractors) and Local Workforce Investment Boards of the contents of these instructions. Discretionary grantees should similarly familiarize themselves, their sub-recipients (sub-grantees and sub-contractors) with this guidance. If not already done, all affected ETA fund recipients or sub-recipients must implement these new requirements retroactively to the date of enactment, June 15, 2006. X. Inquiries States, discretionary grantees and other ETA appropriated fund recipients should direct all inquiries to their Grant Officer, Contract Officer or Federal Project Officer. This information is also released in the form of a Training Employment Guidance Letter

(TEGL)which is available at *http://wdr.doleta.gov/directives/* . (Authority: 20 CFR 661.110) Signed at Washington, DC, this 15th day of August, 2006. Emily Stover DeRocco, Assistant Secretary, Employment and Training Administration, Labor. [FR Doc. 06-7056 Filed 8-18-06; 8:45 am]

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