Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Notices 56807 

have been completed under Section IV, 

Defendants shall deliver to the United 

States an affidavit as to the fact and 

manner of their compliance with 

Section IV of this Final Judgment. Each 

such affidavit shall include the name, 

address, and telephone number of each 

person who, during the preceding thirty 

(30) calendar days, made an offer to 

acquire, expressed an interest in 

acquiring, entered into negotiations to 

acquire, or was contacted or made an 

inquiry about acquiring, any interest in 

the Radio Assets, and shall describe in 

detail each contact with any such 

person during that period. Each such 

affidavit shall also include a description 

of the efforts Defendants have taken to 

solicit buyers for the Radio Assets and 

to provide required information to 

prospective Acquirers, including the 

limitations, if any, on such information. 

Provided that the information set forth 

in the affidavit is true and complete, any 

objection by the United States to 

information provided by Defendants, 

including any limitation on information, 

shall be made within fourteen (14) 

calendar days of receipt of such 

affidavit. 

(B) Within twenty (20) calendar days 

of the filing of the Complaint in this 

matter, Defendants shall deliver to the 

United States an affidavit that describes 

in reasonable detail all actions 

Defendants have taken and all steps 

Defendants have implemented on an 

ongoing basis to comply with Section 

VII of this Final Judgment. Defendants 

shall deliver to the United States an 

affidavit describing any changes to the 

efforts and actions outlined in 

Defendants’ earlier affidavits filed 

pursuant to this Section within fifteen 

(15) calendar days after the change is 

implemented. 

(C) Defendants shall keep all records 

of all efforts made to preserve the Radio 

Assets until one (1) year after the 

respective divestitures of WCAT, 

WWKL and WRSR have been 

completed. 

IX. Compliance Inspection 

(A) For the purposes of determining 

or securing compliance with this Final 

Judgment, or of determining whether 

the Final Judgment should be modified 

or vacated, and subject to any legally 

recognized privilege, from time to time 

authorized representatives of the United 

States, including consultants and other 

persons retained by the United States, 

shall, upon written request of an 

authorized representative of the 

Assistant Attorney General in charge of 

the Antitrust Division, and on 

reasonable notice to Defendants, be 

permitted: 

(i) Access during Defendants’ office 

hours to inspect and copy, or at the 

option of the United States, to require 

Defendants to provide hard copy or 

electronic copies of, all books, ledgers, 

accounts, records, data, and documents 

in the possession, custody, or control of 

Defendants, relating to any matters 

contained in this Final Judgment; and 

(ii) To interview, either informally or 

on the record, Defendants’ officers, 

employees, or agents, who may have 

their individual counsel present, 

regarding such matters. The interviews 

shall be subject to the reasonable 

convenience of the interviewee and 

without restraint or interference by 

Defendants. 

(B) Upon the written request of an 

authorized representative of the 

Assistant Attorney General in charge of 

the Antitrust Division, Defendants shall 

submit written reports or responses to 

written interrogatories, under oath if 

requested, relating to any of the matters 

contained in this Final Judgment as may 

be requested. 

(C) No information or documents 

obtained by the means provided in this 

Section shall be divulged by the United 

States to any person other than an 

authorized representative of the 

executive branch of the United States, 

except in the course of legal proceedings 

to which the United States is a party 

(including grand jury proceedings), or 

for the purpose of securing compliance 

with this Final Judgment, or as 

otherwise required by law. 

(D) If at the time information or 

documents are furnished by Defendants 

to the United States, Defendants 

represent and identify in writing the 

material in any such information or 

documents to which a claim of 

protection may be asserted under Rule 

26(c)(1)(G) of the Federal Rules of Civil 

Procedure, and Defendants mark each 

pertinent page of such material, 

‘‘Subject to claim of protection under 

Rule 26(c)(1)(G) of the Federal Rules of 

Civil Procedure,’’ then the United States 

shall give Defendants ten (10) calendar 

days’ notice prior to divulging such 

material in any legal proceeding (other 

than a grand jury proceeding). 

X. No Reacquisition 

Defendants shall not reacquire any 

part of the Radio Assets during the term 

of this Final Judgment. 

XI. Retention of Jurisdiction 

This Court retains jurisdiction to 

enable any party to this Final Judgment 

to apply to this Court at any time for 

further orders and directions as may be 

necessary or appropriate to carry out or 

construe this Final Judgment, to modify 

any of its provisions, to enforce 

compliance, and to punish violations of 

its provisions. 

XII. Expiration of Final Judgment 

Unless this Court grants an extension, 

this Final Judgment shall expire ten (10) 

years from the date of its entry. 

XIII. Public Interest Determination 

The parties have complied with the 

requirements of the Antitrust 

Procedures and Penalties Act, 15 U.S.C. 

16, including making copies available to 

the public of this Final Judgment, the 

Competitive Impact Statement, and any 

comments thereon and the United 

States’ responses to those comments. 

Based upon the record before the Court, 

which includes the Competitive Impact 

Statement and any comments and 

responses to comments filed with the 

Court, entry of this Final Judgment is in 

the public interest. 

Court approval subject to procedures of 

Antitrust Procedures and Penalties 

Act, 15 U.S.C. 16. 

lllllllllllllllllll

United States District Judge. 

[FR Doc. 2011–23548 Filed 9–13–11; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

[Docket No. DEA–350R] 

Proposed Adjustment of the 

Assessment of Annual Needs for the 

List I Chemicals Ephedrine, 

Pseudoephedrine, and 

Phenylpropanolamine for 2011 

AGENCY: Drug Enforcement 

Administration (DEA), Department of 

Justice. 

ACTION: Notice with request for 

comments. 

SUMMARY: This notice proposes to adjust 

the 2011 assessment of annual needs for 

the list I chemicals ephedrine, 

pseudoephedrine, and 

phenylpropanolamine. 

DATES: Electronic comments must be 

submitted and written comments must 

be postmarked on or before October 14, 

2011. Commenters should be aware that 

the electronic Federal Docket 

Management System will not accept 

comments after midnight Eastern Time 

on the last day of the comment period. 

ADDRESSES: To ensure proper handling 

of comments, please reference ‘‘Docket 

No. DEA–350R’’ on all electronic and 

written correspondence. DEA 

encourages all comments be submitted 

mstockstill on DSK4VPTVN1PROD with NOTICES

56808 Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Notices 

electronically through http:// 

www.regulations.gov using the 

electronic comment form provided on 

that site. An electronic copy of this 

document is also available at the 

http://www.regulations.gov Web site for 

easy reference. Paper comments that 

duplicate the electronic submission are 

not necessary as all comments 

submitted to http://www.regulations.gov 

will be posted for public review and are 

part of the official docket record. Should 

you, however, wish to submit written 

comments via regular or express mail, 

they should be sent to the Drug 

Enforcement Administration, Attention: 

DEA Federal Register Representative/ 

ODL, 8701 Morrissette Drive, 

Springfield, VA 22152. 

FOR FURTHER INFORMATION CONTACT: 

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

Reporting and Quota Section, Drug 

Enforcement Administration, 8701 

Morrissette Drive, Springfield, Virginia 

22152, Telephone: (202) 307–7183. 

SUPPLEMENTARY INFORMATION: 

Posting of Public Comments 

Please note that all comments 

received are considered part of the 

public record and made available for 

public inspection online at http:// 

www.regulations.gov and in the DEA’s 

public docket. Such information 

includes personal identifying 

information (such as your name, 

address, etc.) voluntarily submitted by 

the commenter. 

If you want to submit personal 

identifying information (such as your 

name, address, etc.) as part of your 

comment, but do not want it to be 

posted online or made available in the 

public docket, you must include the 

phrase ‘‘Personal Identifying 

Information’’ in the first paragraph of 

your comment. You must also place all 

the personal identifying information 

you do not want posted online or made 

available in the public docket in the first 

paragraph of your comment and identify 

what information you want redacted. 

If you want to submit confidential 

business information as part of your 

comment, but do not want it to be 

posted online or made available in the 

public docket, you must include the 

phrase ‘‘Confidential Business 

Information’’ in the first paragraph of 

your comment. You must also 

prominently identify confidential 

business information to be redacted 

within the comment. If a comment has 

so much confidential business 

information that it cannot be effectively 

redacted, all or part of that comment 

may not be posted online or made 

available in the public docket. 

Personal identifying information and 

confidential business information 

identified and located as set forth above 

will be redacted, and the comment, in 

redacted form, will be posted online and 

placed in the DEA’s public docket file. 

Please note that the Freedom of 

Information Act applies to all comments 

received. If you wish to inspect the 

agency’s public docket file in person by 

appointment, please see the ‘‘For 

Further Information’’ paragraph. 

Background 

On December 20, 2010, DEA 

established the assessment of annual 

needs for 2011 for the List I chemicals 

ephedrine, pseudoephedrine, and 

phenylpropanolamine, pursuant to 21 

U.S.C. 826(a) and 21 CFR 1315.11 (75 

FR 79407). That Notice indicated that 

DEA would adjust the assessment of 

annual needs at a later date, if 

necessary, as provided in 21 CFR 

1315.13. 

DEA now proposes to adjust the 

established assessments of annual needs 

for 2011 for the List I chemicals 

ephedrine, pseudoephedrine, and 

phenylpropanolamine. In proposing the 

adjustment, DEA has taken into account 

the criteria that DEA is required to 

consider in accordance with 21 CFR 

1315.13. DEA proposes the adjustment 

of the assessment of annual needs for 

2011 by considering (1) Changes in 

demand, changes in the national rate of 

net disposal, and changes in the rate of 

net disposal by the registrants holding 

individual manufacturing or import 

quotas for the chemical; (2) whether any 

increased demand or changes in the 

national and/or individual rates of net 

disposal are temporary, short term, or 

long term; (3) whether any increased 

demand can be met through existing 

inventories, increased individual 

manufacturing quotas, or increased 

importation without increasing the 

assessment of annual needs; (4) whether 

any decreased demand will result in 

excessive inventory accumulation by all 

persons registered to handle the 

particular chemical; and (5) other 

factors affecting the medical, scientific, 

research, industrial, and importation 

needs in the United States, lawful 

export requirements, and reserve stocks, 

as the Administrator finds relevant. 

Other factors that DEA considered 

include trends as derived from 

information provided in applications for 

import, manufacturing, and 

procurement quotas and in import and 

export declarations. The inventory, 

acquisition (purchases), and disposition 

(sales) data as provided by DEA 

registered manufacturers and importers 

reflects the most current information 

available to DEA at the time of 

publication of this Notice. 

Analysis 

In determining whether to propose 

adjustments to the 2011 assessment of 

annual needs, DEA considered the total 

net disposals (i.e. sales) of the List I 

chemicals for the current and preceding 

two years, actual and estimated 

inventories, projected demand (2011), 

industrial use, and export requirements 

from updated data provided by DEA 

registered manufacturers and importers 

in procurement quota applications (DEA 

250), manufacturing quota applications 

(DEA 189), import quota applications 

(DEA 488), declarations for import and 

export, and other information. Data 

considered included data submitted to 

DEA after the initial assessment of 

annual needs had been established. DEA 

notes that the inventory, acquisition 

(purchases), and disposition (sales) data 

provided by DEA registered 

manufacturers and importers reflects the 

most current information available. In 

developing the proposed 2011 revision, 

DEA has used the calculation 

methodology described previously in 

the 2010 and 2011 assessment of annual 

needs (74 FR 60294 and 75 FR 79407, 

respectively). 

As of April 18, 2011, DEA registered 

manufacturers of dosage form products 

containing pseudoephedrine requested 

the authority to purchase 249,634 kg of 

pseudoephedrine. DEA registered 

manufacturers of pseudoephedrine 

reported sales totaling approximately 

202,779 kg in 2009 and 216,724 kg in 

2010; this represents a seven percent 

increase in sales reported by these firms 

from 2009 to 2010. Additionally, DEA 

considered information on trends in the 

national rate of net disposals from sales 

data provided by IMS Health. The initial 

assessment of annual needs was based 

on data received by DEA as of October 

21, 2010. Based on the updated 

information provided to DEA as of April 

18, 2011, DEA is proposing to increase 

the 2011 assessment of annual needs for 

pseudoephedrine (for sale) from 280,000 

kg to 299,000 kg. 

As of April 18, 2011, DEA registered 

manufacturers of phenylpropanolamine 

(for conversion) requested authority to 

purchase a total of 24,953 kg of 

phenylpropanolamine for the 

manufacture of amphetamine. DEA 

registered manufacturers of 

phenylpropanolamine reported sales of 

phenylpropanolamine totaling 

approximately 11,486 kg in 2009 and 

17,086 kg in 2010; this represents a 33 

percent increase in sales reported by 

these firms from 2009 to 2010. In 2011, 

DEA registered manufacturers reported 

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Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Notices 56809 

sales of 21,008 kg for 2011; when 

compared to 2009 this represents a 45 

percent increase in sales reported by 

these firms. DEA notes that in 2011 

there were significant increased sales of 

phenylpropanolamine (for conversion) 

for the manufacture of amphetamine. 

DEA believes that current reported 2011 

sales of phenylpropanolamine (for 

conversion) supplied by DEA registered 

manufacturers best represent the 

legitimate need for 

phenylpropanolamine (for conversion). 

There were no reported exports of 

phenylpropanolamine (for conversion). 

DEA has not received any requests to 

synthesize phenylpropanolamine in 

2011. Based on the information 

provided to DEA, DEA is proposing to 

increase the 2011 assessment of annual 

needs for phenylpropanolamine (for 

conversion) from 21,800 kg to 29,500 kg. 

As of April 18, 2011, the data 

provided to DEA for review of 

ephedrine (for sale), 

phenylpropanolamine (for sale), and 

ephedrine (for conversion) 

demonstrated no significant changes in 

demand or net disposals. Thus, DEA has 

determined that the assessment of 

annual needs for these chemicals— 

ephedrine (for sale), 

phenylpropanolamine (for sale), and 

ephedrine (for conversion)—shall 

remain unchanged. 

The Administrator, therefore, 

proposes the following adjustment of 

the 2011 assessment of annual needs for 

the List I chemicals ephedrine, 

pseudoephedrine, and 

phenylpropanolamine: 

List I chemicals 2011 Assessment of annual needs 

Proposed adjustment to the 

2011 assessment of annual 

needs 

Ephedrine (for sale) ................................................................................. 4,200 kg .................................................... No Change. 

Phenylpropanolamine (for sale) ............................................................... 5,300 kg .................................................... No Change. 

Pseudoephedrine (for sale) ..................................................................... 280,000 kg ................................................ 299,000 kg. 

Phenylpropanolamine (for conversion) .................................................... 21,800 kg .................................................. 29,500 kg. 

Ephedrine (for conversion) ...................................................................... 18,600 kg .................................................. No Change. 

In finalizing the adjustment of the 

2011 assessment of annual needs for 

ephedrine, pseudoephedrine and 

phenylpropanolamine, DEA will 

consider any additional changes in 

demand, changes in the national rate of 

net disposal, or changes in the rate of 

net disposal by the registrants holding 

individual manufacturing or import 

quotas for the chemical, in accordance 

with 21 CFR part 1315. 

Comments 

Pursuant to 21 CFR 1315.13, any 

interested person may submit written 

comments on or objections to these 

proposed determinations. Based on 

comments received in response to this 

Notice, the Administrator may hold a 

public hearing on one or more issues 

raised. In the event the Administrator 

decides in her sole discretion to hold 

such a hearing, the Administrator will 

publish a notice of any such hearing in 

the Federal Register. After 

consideration of any comments and 

after a hearing, if one is held, the 

Administrator will publish in the 

Federal Register a Final Order 

determining any adjustment of the 

assessment of annual needs. 

Dated: August 31, 2011. 

Michele M. Leonhart, 

Administrator. 

[FR Doc. 2011–23499 Filed 9–13–11; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

[Docket No. DEA–353P] 

Proposed Assessment of Annual 

Needs for the List I Chemicals 

Ephedrine, Pseudoephedrine, and 

Phenylpropanolamine for 2012 

AGENCY: Drug Enforcement 

Administration (DEA), Department of 

Justice. 

ACTION: Notice with request for 

comments. 

SUMMARY: This notice proposes the 

initial year 2012 assessment of annual 

needs for certain List I chemicals 

ephedrine, pseudoephedrine, and 

phenylpropanolamine. 

DATES: Electronic comments must be 

submitted and written comments must 

be postmarked on or before October 14, 

2011. Commenters should be aware that 

the electronic Federal Docket 

Management System will not accept 

comments after midnight Eastern Time 

on the last day of the comment period. 

ADDRESSES: To ensure proper handling 

of comments, please reference ‘‘Docket 

No. DEA–353P’’ on all electronic and 

written correspondence. DEA 

encourages all comments be submitted 

electronically through http:// 

www.regulations.gov using the 

electronic comment form provided on 

that site. An electronic copy of this 

document is also available at the 

http://www.regulations.gov Web site for 

easy reference. Paper comments that 

duplicate the electronic submission are 

not necessary as all comments 

submitted to http://www.regulations.gov 

will be posted for public review and are 

part of the official docket record. Should 

you, however, wish to submit written 

comments via regular or express mail, 

they should be sent to the Drug 

Enforcement Administration, Attention: 

DEA Federal Register Representative/ 

ODL, 8701 Morrissette Drive, 

Springfield, VA 22152. 

FOR FURTHER INFORMATION CONTACT: 

Christine A. Sannerud, PhD, Chief, UN 

Reporting and Quota Section, Drug 

Enforcement Administration, 8701 

Morrissette Drive, Springfield, Virginia 

22152, Telephone: (202) 307–7184. 

SUPPLEMENTARY INFORMATION: 

Posting of Public Comments 

Please note that all comments 

received are considered part of the 

public record and made available for 

public inspection online at http:// 

www.regulations.gov and in the DEA’s 

public docket. Such information 

includes personal identifying 

information (such as your name, 

address, etc.) voluntarily submitted by 

the commenter. 

If you want to submit personal 

identifying information (such as your 

name, address, etc.) as part of your 

comment, but do not want it to be 

posted online or made available in the 

public docket, you must include the 

phrase ‘‘Personal Identifying 

Information’’ in the first paragraph of 

your comment. You must also place all 

the personal identifying information 

you do not want posted online or made 

available in the public docket in the first 

paragraph of your comment and identify 

what information you want redacted. 

mstockstill on DSK4VPTVN1PROD with NOTICES