Federal Register-02-28312

Federal Register / Vol. 67, No.
216 / Thursday, November 7, 2002 / Notices 67869
sufficient, and whether the decree may The proposed Final Judgment, prepaid, and by facsimile on counsel for
positively harm third parties. See therefore, should not be reviewed under defendants in this matter:
United States v. Microsoft, 56 F. 3d 1448 a standard of whether it is certain to David James Smith,
(D.C. Cir. 1995). eliminate every anticompetitive effect of
In conducting this inquiry, ‘‘the Court Vice President, Secretary & General Counsel,
a particular practice or whether it Archer-Daniels-Midland Company, 4666
is nowhere compelled to go to trial or mandates certainty of free competition Faries Parkway, Decatur, IL 62526.
to engage in extended proceedings in the future. Court approval of a final Telephone: (217) 424–6183. Facsimile: (217)
which might have the effect of vitiating judgment requires a standard more 424–6196. Counsel for Defendant Archer-
the benefits of prompt and less costly flexible and less strict than the standard Danbiels-Midland.
settlement through the consent decree required for a finding of liability. ‘‘[A] Joseph Bennett,
process.’’ 2 Rather, proposed decree must be approved even Secretary and General Counsel, Minnesota
absent a showing of corrupt failure of the if it falls short of the remedy the court Corn Processors, LLC, 901 North Highway
government to discharge its duty, the Court, would impose on its own, as long as it 59, Marshall, MN 56258. Telephone: (507)
in making its public interest finding, should falls within the range of acceptability or 537–2674. Facsimile: (507) 537–2641. Counsel
* * * carefully consider the explanations of for Defendant Minnesota Corn Processors,
the government in the competitive impact is ‘within the reaches of public
LLC.
statement and its responses to comments in interest.’’’ United States v. American
order to determine whether those Tel. & Tel. Co., 552 F. Supp. 131, 151 Michael P. Harmonis,
explanations are reasonable under the (D.D.C. 1982) (citations omitted), aff’d Pennsylvania State Bar No. 17994, Attorney,
circumstances. sub nom. Maryland v. United States. Antitrust Division, U.S. Department of Justice,
325 Seventh St., NW., Suite 500, Washington,
United States v. Mid-America 460 U.S. 1001 (1983), quoting Gillette,
DC 20530. Telephone: (202) 307–6357.
Dairymen, Inc., 1977–1 Trade Cas. 406 F. Supp. at 716 4 Facsimile: (202) 307–2784.
¶ 61,508 at 71,980 (W.D. Mo. 1977). Moreover, the Court’s role under the
Accordingly, with respect to the Certificate of Service
Tunney Act is limited to reviewing the
adequacy of the relief secured by the remedy in relationship to the violations I hereby certify that on this 13th day
decree, a court may not ‘‘engage in an that the United States has alleged in its of September, 2002, I have caused a
unrestricted evaluation of what relief complaint, and the Act does not copy of the foregoing United State’s
would best serve the public.’’ United authorize the Court to ‘‘construct [its] Competitive Impact Statement to be
States v. BNS, Inc., 858 F.2d 456, 462 own hypothetical case and then served by first class mail, postage
(9th Cir. 1988), quoting United States v. prepaid, and by facsimile on counsel for
evaluate the decree against that case.’’
Bechtel Corp., 648 F.2d 660, 666 (9th defendants in this matter:
Microsoft, 56 F.3d at 1459. Since ‘‘[t]he
Cir.), cert. denied, 454 U.S. 1083 (1981);
court’s authroity to review the decree David James Smith,
see also Microsoft, 56 F. 3d 1448 (D.C.
depends entirely on the government’s Vice President, Secretary & General Counsel,
Cir. 1995). Precedent requires that
exercising its prosecurtorial discretion Archer-Daniels-Midland Company, 4666
[t]he balancing of competing social and by bringing a case in the first place,’’ it Faries Parkway, Decatur, IL 62526.
political interests affected by a proposed follows that the court ‘‘is only Telephone: (217) 424–6183. Facsimile: (217)
antitrust consent decree must be left, in the 424–6196. Counsel for Defendant Archer-
first instance, to the discretion of the authorized to review the decree itself,’’
and not to ‘‘effectively redraft the Daniels-Midland.
Attorney General. The court’s role in
protecting the public interest is one of complaint’’ to inquire into other matters Joseph Bennett,
insuring that the government has not that the United States might have, but Secretary and General Counsel, Minnesota
breached its duty to the pubioc in consenting did not, pursue. Id. at 1459–60. Corn Processors, LLC, 901 North Highway
to the decree. The court is required to 59, Marshall, MN 56258. Telephone: (507)
determine not whether a particular decree is VIII. Determinative Documents 537–2674. Facsimile: (507) 537–2641. Counsel
the one that will best serve society, but for Defendant Minnesota Corn Processors,
whether the settlement is ‘‘within the reaches There are no determinative materials LLC.
of the one that will best serve society, but or documents within the meaning of the Michael P. Harmonis,
whether the settlement is ‘‘within the reaches Tunney Act that were considered by the
of the public interest.’’ More elaborate Pennsylvania State Bar No. 17994, Attorney,
United States in formulating the Antitrust Division, U.S. Department of Justice,
requirements might undermine the
effectiveness of antitrust enforcement by
proposed Final Judgment. 325 Seventh St., NW., Suite 500, Washington,
consent decree. Dated: September 13, 2002. DC 20530. Telephone: (202) 307–6357.
Facsimile: (202) 307–2784.
Bechtel, 648 F.2d at 666 (citations Respectfully submitted,
[FR Doc. 02–28333 Filed 11–6–02; 8:45 am]
omitted) (emphasis added).3 For Plaintiff United States of America:
BILLING CODE 4410–11–M
Michael P. Harmonis,
2 119Cong. Rec. 24598 (1973); see also United
States v. Gillette Co., 406 F. Supp. 713, 715 (D. Pennsylvania Bar No. 17994, Antitrust
Mass. 1975). A ‘‘public interest’’ determination can Division, U.S. Department of Justice, 325 7th DEPARTMENT OF JUSTICE
be made properly on the basis of the Competitive Street, NW., Suite 500, Washington, DC
Impact Statement and Response to Comments filed 20530, Telephone: (202) 307–6357. Facsimile: Drug Enforcement Administration
pursuant to the Tunney Act. Although the Tunney (202) 307–2784.
Act authorizes the use of additional procedures, 15 Importation of Controlled Substances;
U.S.C. 16(f), those procedures are discretionary. A Certificate of Service
court need not invoke any of them unless it believes Notice of Application
that the comments have raised significant issues
and and that further proceedings would aid the
I hereby certify that on this 13th day Pursuant to Section 1008 of the
court in resolving those issues. See H.R. 93–1463, of September, 2002. I have caused a Controlled Substances Import and
93d Cong. 2d Sess. 8–9, reprinted i (1974) copy of the foregoing United State’s Export Act (21 U.S.C. 958(i)), the
U.S.C.C.A.N. 6535, 6538. Competitive Impact Statement to be Attorney General shall, prior to issuing
3 See also United States v. BNS, Inc., 858 F.2d at
served by first class mail, postage a registration under this Section to a
463; United States v. National Broadcasting Co.,
449 F. Supp. 1127, 1143 (C.D. Cal. 1978); Gillette,
bulk manufacturer of a controlled
406 F. Supp. at 716; United States v. American 4 See also United States v. Alcan Aluminum Ltd., substance in Schedule I or II and prior
Cyanamid Co., 719 F.2d 558, 565 (2d Cir. 1983). 605 F. Supp. 619, 622 (w.D. Ky. 1985). to issuing a regulation under Section
VerDate 0ct<31>2002 16:18 Nov 06, 2002 Jkt 200001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\07NON1.SGM 07NON1
67870 Federal Register / Vol. 67, No. 216 / Thursday, November 7, 2002 / Notices
1002(a) authorizing the importation of DEPARTMENT OF JUSTICE Drug Schedule

such a substance, provide
manufacturers holding registrations for Drug Enforcement Administration Dextropropoxyphene, bulk (non- II
the bulk manufacture of the substance dosage forms) (9273).
an opportunity for a hearing. Manufacturer of Controlled Levo-Alphacetylmethadol (9648) .. II
Substances; Notice of Application Oxymorphone (9652) ................... II
Therefore, in accordance with Section Fentanyl (9801) ............................ II
1301.34 of Title 21, Code of Federal Pursuant to section 1301.33(a) of Title
Regulations (CFR), notice is hereby 21 of the Code of Federal Regulations
(CFR), this is notice that on May 21, The firm plans to manufacture small
given that on May 13, 2002, Chattem quantities of the listed controlled
Chemicals, Inc., 3801 St. Elmo Avenue, 2002, Aldrich Chemical Company Inc.,
dba Isotec, 3858 Benner Road, substances to produce standards for
Building 18, Chattanooga, Tennessee analytical laboratories.
37409, made application by renewal to Miamisburg, Ohio 45342–4304, made
application to the Drug Enforcement Any other such applicant and any
the Drug Enforcement Administration to
Administration (DEA) for registration as person who is presently registered with
be registered as an importer of
a bulk manufacturer of the basic classes DEA to manufacture such substances
methamphetamine (1105), a basic class
of controlled substances listed below: may file comments or objections to the
of controlled substance listed in issuance of the proposed registration.
Schedule II.
Drug Schedule Any such comments or objections
The firm plans to import the listed may be addressed, in quintuplicate, to
controlled substance to bulk Cathinone (1235) .......................... I
Methcathinone (1237) .................. I the Deputy Assistant Administrator,
manufacture controlled substance. Office of Diversion Control, Drug
N-Ethylamphetamine (1475) ........ I
Any manufacturer holding, or N,N-Dimethylamphetamine (1480) I Enforcement Administration, United
applying for, registration as a bulk Aminorex (1585) ........................... I States Department of Justice,
manufacturer of this basic class of Gamma hydroxybutyric acid I Washington, DC 20537, Attention: DEA
controlled substance may file written (2010). Federal Register Representative (CCR),
comments on or objections to the Methaqualone (2565) ................... I and must be filed no later than January
Lysergic acid dethylamide (7315) I 6, 2003.
application described above and may, at Tetrahydrocannabinols (7370) ..... I
the same time, file a written request for Mescaline (7381) .......................... I Dated: October 25, 2002.
a hearing on such application in 2,5-Dimethoxyamphetamine I Laura M. Nagel,
accordance with 21 CFR 1301.43 in (7396). Deputy Assistant Administrator, Office of
such form as prescribed by 21 CFR 3,4-Methylenedioxyamphetamine I Diversion Control, Drug Enforcement
1316.47. (7400). Administration.
3,4-Methylenedioxy-N- I
Any such comments, objections, or ethylamphetamine (7404). [FR Doc. 02–28314 Filed 11–6–02; 8:45 am]
requests for a hearing may be addressed, 3,4-Methylenedioxy-methamphet- I BILLING CODE 4410–09–M
in quintuplicate, to the Deputy Assistant amine (7405).
Administration, Office of Diversion 4-Methoxyamphetamine (7411) ... I
Control, Drug Enforcement Psilocybin (7437) .......................... I DEPARTMENT OF JUSTICE
Administration, United States Psilocyn (7438) ............................. I
Department of Justice, Washington, DC N-Ethyl-1-phenylcyclohexylamine I Drug Enforcement Administration
(7455).
20537, Attention: DEA Federal Register Dihydromorphine (9145) ............... I Manufacturer of Controlled
Representative (CCR), and must be filed Normorphine (9313) ..................... I Substances; Notice of Application
no later than (30 days from publication). Acetylmethadol (9601) ................. I
This procedure is to be conducted Alphacetylmethadol Except Levo- I Pursuant to section 1301.33(a) of Title
Alphacetylmethadol (9603). 21 of the Code of Federal Regulations
simultaneously with and independent
Normethadone (9635) .................. I
of the procedures described in 21 CFR (CFR), this is notice that on May 28,
3-Methylfentanyl (9813) ................ I
1301.34(b), (c), (d), (e), and (f). As noted Amphetamine (1100) .................... II 2002, Abbott Laboratories, DBA Knoll
in a previous notice at 40 FR 43745–46 Methamphetamine (1105) ............ II Pharmaceutical Company, 30 North
(September 23, 1975), all applicants for Methylphenidate (1724) ................ II Jefferson Road, Whippany, New Jersey,
registration to import basic class of any Amobarbital (2125) ....................... II 07981, made application by renewal to
controlled substance in Schedule I or II Pentobarbital (2270) ..................... II the Drug Enforcement Administration
are and will continue to be required to Secobarbital (2315) ...................... II (DEA) for registration as a bulk
1-Phenylcyclohexylamine (7460) II manufacturer of the basic classes of
demonstrate to the Deputy Assistant
Phencyclidine (7471) .................... II controlled substances listed below:
Administrator, Office of Diversion Phenylacetone (8501) .................. II
Control, Drug Enforcement 1-Piperidinocyclohexane- II
Administration that the requirements Drug Schedule
carbonitrile (8603).
for such registration pursuant to 21 Codeine (9050) ............................. II Dihydromorphine (9145) ............... I
U.S.C. 958(a), 21 U.S.C. 823(a), and 21 Dihydrocodeine (9120) ................. II Hydromorphone (9150) ................ II
CFR 1301.34(a), (b), (c), (d), (e), and (f) Oxycodone (9143) ........................ II
are satisfied. Hydromorphone (9150) ................ II
Benzoylecgonine (9180) ............... II The firm plans to produce bulk
Dated: October 25, 2002. Ethylmorphine (9190) ................... II product and finished dosage units for
Laura M. Nagel, Hydrocodone (9193) ..................... II distribution to its customers.
Isomethadone (9226) ................... II
Deputy Assistant Administrator, Office of
Meperidine (9230) ........................ II
Any other such applicant and any
Diversion Control, Drug Enforcement person who is presently registered with
Meperidine intermediate-A (9232) II
Administration. DEA to manufacture such substances
Merperidine intermediate-B (9233) II
[FR Doc. 02–28312 Filed 11–6–02; 8:45 am] Methadone (9250) ........................ II may file comments or objections to the
BILLING CODE 4410–09–M Methadone intermediate (9254) ... II issuance of the proposed registration.
VerDate 0ct<09>2002 14:39 Nov 06, 2002 Jkt 200001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\07NON1.SGM 07NON1

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Federal Register / Vol. 67, No.

216 / Thursday, November 7, 2002 / Notices 67869

1002(a) authorizing the importation of DEPARTMENT OF JUSTICE Drug Schedule

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