64364 Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Notices 

1The provisions of federal law relating to the 

import and export of controlled substances—those 

found in 21 U.S.C. 951 through 971—are more 

precisely referred to as the Controlled Substances 

Import and Export Act. However, federal courts and 

DEA often use the term ‘‘Controlled Substances 

Act’’ to refer collectively to all provisions from 21 

U.S.C. 801 through 971 and, for ease of exposition, 

this document will do likewise. 

(statement of Sen. Tunney). Rather, the 

procedure for the public interest 

determination is left to the discretion of 

the court, with the recognition that the 

court’s ‘‘scope of review remains 

sharply proscribed by precedent and the 

nature of Tunney Act proceedings.’’ 

SBC Commc’ns, 489 F. Supp. 2d at 11. 

A court can make its public interest 

determination based on the competitive 

impact statement and response to public 

comments alone. U.S. Airways, 38 F. 

Supp. 3d at 76. See also United States 

v. Enova Corp., 107 F. Supp. 2d 10, 17 

(D.D.C. 2000) (noting that the ‘‘Tunney 

Act expressly allows the court to make 

its public interest determination on the 

basis of the competitive impact 

statement and response to comments 

alone’’); S. Rep. No. 93–298 93d Cong., 

1st Sess., at 6 (1973) (‘‘Where the public 

interest can be meaningfully evaluated 

simply on the basis of briefs and oral 

arguments, that is the approach that 

should be utilized.’’). 

VIII. DETERMINATIVE DOCUMENTS 

There are no determinative materials 

or documents within the meaning of the 

APPA that were considered by the 

United States in formulating the 

proposed Final Judgment. 

Date: December 6, 2018 Respectfully 

submitted, 

_____ 

Kenneth A. Libby 

Special Attorney 

U.S. Department of Justice 

Antitrust Division 

c/o Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, DC 20580 

Phone: (202) 326–2694 

Email: klibby@ftc.gov 

[FR Doc. 2018–27055 Filed 12–13–18; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

[Docket No. DEA–392] 

Bulk Manufacturer of Controlled 

Substances Application: Usona 

Institute 

ACTION: Notice of application. 

DATES: Registered bulk manufacturers of 

the affected basic classes, and 

applicants therefore, may file written 

comments on or objections to the 

issuance of the proposed registration on 

or before February 12, 2019. 

ADDRESSES: Written comments should 

be sent to: Drug Enforcement 

Administration, Attention: DEA Federal 

Register Representative/DPW, 8701 

Morrissette Drive, Springfield, Virginia 

22152. 

SUPPLEMENTARY INFORMATION: The 

Attorney General has delegated his 

authority under the Controlled 

Substances Act to the Administrator of 

the Drug Enforcement Administration 

(DEA), 28 CFR 0.100(b). Authority to 

exercise all necessary functions with 

respect to the promulgation and 

implementation of 21 CFR part 1301, 

incident to the registration of 

manufacturers, distributors, dispensers, 

importers, and exporters of controlled 

substances (other than final orders in 

connection with suspension, denial, or 

revocation of registration) has been 

redelegated to the Assistant 

Administrator of the DEA Diversion 

Control Division (‘‘Assistant 

Administrator’’) pursuant to section 7 of 

28 CFR part 0, appendix to subpart R. 

In accordance with 21 CFR 

1301.33(a), this is notice that on October 

31, 2018, Usona Institute, 2800 Woods 

Hollow Road, Madison, Wisconsin 

53711 applied to be registered as a bulk 

manufacturer of the following basic 

classes of controlled substances: 

Controlled substance Drug code Schedule 

5-Methoxy-N-N-dimethyltryptamine ................................................................................................................................. 7431 I 

Dimethyltryptamine .......................................................................................................................................................... 7435 I 

The institute plans to manufacture the 

listed controlled substances 

synthetically in bulk for use in institutesponsored research. 

Dated: December 4, 2018. 

John J. Martin, 

Assistant Administrator. 

[FR Doc. 2018–27132 Filed 12–13–18; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

[Docket No. DEA–392] 

Importer of Controlled Substances 

Application: Arizona Department of 

Corrections 

ACTION: Notice of application. 

DATES: Registered bulk manufacturers of 

the affected basic class, and applicants 

therefore, may file written comments on 

or objections to the issuance of the 

proposed registration or the proposed 

authorization to import on or before 

January 14, 2019. Such persons may 

also file a written request for a hearing 

on the application for registration and 

for authorization to import on or before 

January 14, 2019. 

ADDRESSES: Written comments should 

be sent to: Drug Enforcement 

Administration, Attention: DEA Federal 

Register Representative/DPW, 8701 

Morrissette Drive, Springfield, Virginia 

22152. All requests for hearing must be 

sent to: Drug Enforcement 

Administration, Attn: Administrator, 

8701 Morrissette Drive, Springfield, 

Virginia 22152. All requests for hearing 

should also be sent to: (1) Drug 

Enforcement Administration, Attn: 

Hearing Clerk/OALJ, 8701 Morrissette 

Drive, Springfield, Virginia 22152; and 

(2) Drug Enforcement Administration, 

Attn: DEA Federal Register 

Representative/DPW, 8701 Morrissette 

Drive, Springfield, Virginia 22152. 

SUPPLEMENTARY INFORMATION: Pursuant 

to 21 U.S.C. 958(i), the Attorney General 

shall, prior to issuing a regulation under 

21 U.S.C. 952(a)(2)(B) authorizing the 

importation of a controlled substance in 

schedule I or II, provide manufacturers 

holding registrations for the bulk 

manufacture of the substance an 

opportunity for a hearing. Additionally, 

pursuant to 21 CFR 1301.34(a), the 

Administrator of the Drug Enforcement 

Administration (DEA) shall, upon the 

filing of an application for registration 

to import a controlled substance in 

schedule I or II under 21 U.S.C. 

952(a)(2)(B), provide notice and the 

opportunity to request a hearing to 

manufacturers holding registrations for 

the bulk manufacture of the substance 

and to applicants for such registrations. 

The Attorney General has delegated 

his authority under the Controlled 

Substances Act,1 including the 

provisions codified at 21 U.S.C. 952 and 


amozie on DSK3GDR082PROD with NOTICES1
Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Notices 64365 

958, to the DEA Administrator, 28 CFR 

0.100(b). Authority to exercise all 

necessary functions with respect to the 

promulgation and implementation of 21 

CFR part 1301, incident to the 

registration of manufacturers, 

distributors, dispensers, importers, and 

exporters of controlled substances (other 

than final orders in connection with 

suspension, denial, or revocation of 

registration) has been delegated to the 

Assistant Administrator of the DEA 

Diversion Control Division (‘‘Assistant 

Administrator’’) pursuant to section 7 of 

28 CFR part 0, appendix to subpart R. 

Therefore, in accordance with 21 

U.S.C. 958(i) and 21 CFR 1301.34(a), 

this is notice that on June 11, 2018, 

Arizona Department of Corrections, 

1305 E Butte Avenue, ASPC-Florence, 

Florence, Arizona 85132–9221, reapplied to be registered as an importer 

of Pentobarbital (2270), a basic class of 

the controlled substance listed in 

schedule II. 

The facility intends to import the 

above-listed controlled substance for 

legitimate use. This particular 

controlled substance is not available for 

the intended legitimate use within the 

current domestic supply of the United 

States. 

Any bulk manufacturer who is 

presently, or is applying to be, 

registered with DEA to manufacture this 

basic class of controlled substance may 

file comments or objections to the 

issuance of the proposed registration or 

to the authorization of this importation, 

and may, at the same time, file a written 

request for a hearing. Any such 

comments, objections, or hearing 

requests should be addressed as 

described above. 

Dated: December 4, 2018. 

John J. Martin, 

Assistant Administrator. 

[FR Doc. 2018–27131 Filed 12–13–18; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

[Docket No. DEA–392] 

Importer of Controlled Substances 

Application: Usona Institute 

ACTION: Notice of application. 

DATES: Registered bulk manufacturers of 

the affected basic classes, and 

applicants therefore, may file written 

comments on or objections to the 

issuance of the proposed registration on 

or before January 14, 2019. Such 

persons may also file a written request 

for a hearing on the application on or 

before January 14, 2019. 

ADDRESSES: Written comments should 

be sent to: Drug Enforcement 

Administration, Attention: DEA Federal 

Register Representative/DPW, 8701 

Morrissette Drive, Springfield, Virginia 

22152. All requests for hearing must be 

sent to: Drug Enforcement 

Administration, Attn: Administrator, 

8701 Morrissette Drive, Springfield, 

Virginia 22152. All requests for hearing 

should also be sent to: (1) Drug 

Enforcement Administration, Attn: 

Hearing Clerk/OALJ, 8701 Morrissette 

Drive, Springfield, Virginia 22152; and 

(2) Drug Enforcement Administration, 

Attn: DEA Federal Register 

Representative/DPW, 8701 Morrissette 

Drive, Springfield, Virginia 22152. 

SUPPLEMENTARY INFORMATION: The 

Attorney General has delegated his 

authority under the Controlled 

Substances Act to the Administrator of 

the Drug Enforcement Administration 

(DEA), 28 CFR 0.100(b). Authority to 

exercise all necessary functions with 

respect to the promulgation and 

implementation of 21 CFR part 1301, 

incident to the registration of 

manufacturers, distributors, dispensers, 

importers, and exporters of controlled 

substances (other than final orders in 

connection with suspension, denial, or 

revocation of registration) has been 

redelegated to the Assistant 

Administrator of the DEA Diversion 

Control Division (‘‘Assistant 

Administrator’’) pursuant to section 7 of 

28 CFR part 0, appendix to subpart R. 

In accordance with 21 CFR 

1301.34(a), this is notice that on October 

31, 2018, Usona Institute, 2800 Woods 

Hollow Road, Madison, Wisconsin 

53711 applied to be registered as an 

importer of the following basic classes 

of controlled substances: 

Controlled substance Drug code Schedule 

5-Methoxy-N-N-dimethyltryptamine ................................................................................................................................. 7431 I 

Dimethyltryptamine .......................................................................................................................................................... 7435 I 

The institute plans to import the 

listed controlled substances for 

potential formulation development for 

substances to be used in institutesponsored research. 

Dated: December 4, 2018. 

John J. Martin, 

Assistant Administrator. 

[FR Doc. 2018–27133 Filed 12–13–18; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

OMB Number 1117–0008] 

Agency Information Collection 

Activities; Proposed eCollection, 

eComments Requested; Extension 

Without Change of a Previously 

Approved Collection; Application for 

Procurement Quota for Controlled 

Substance and for Ephedrine, 

Pseudoephedrine, and 

Phenylpropanolamine; DEA Form 250 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: 60-Day Notice. 

SUMMARY: The Department of Justice, 

Drug Enforcement Administration 

(DEA), will be submitting the following 

information collection request to the 

Office of Management and Budget for 

review and approval in accordance with 

the Paperwork Reduction Act of 1995. 

DATES: Comments are encouraged and 

will be accepted for 60 days until 

February 12, 2019. 

FOR FURTHER INFORMATION CONTACT: If 

you have comments, especially on the 

estimated public burden or associated 

response time, suggestions, or need a 

copy of the proposed information 

collection instrument with instructions 

or additional information, please 

contact Kathy L. Federico, Diversion 

Control Division, Drug Enforcement 

Administration; Mailing Address: 8701 

Morrissette Drive, Springfield, Virginia 

22152; Telephone: (202) 598–6812. 

SUPPLEMENTARY INFORMATION: Written 

comments and suggestions from the 

public and affected agencies concerning 

the proposed collection of information 

are encouraged. Your comments should 


amozie on DSK3GDR082PROD with NOTICES1