Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices 40567 

3See 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’’); United States v. Mid-Am. 

Dairymen, Inc., No. 73–CV–681–W–1, 1977–1 Trade 

Cas. (CCH) ¶ 61,508, at 71,980, *22 (W.D. Mo. 1977) 

(‘‘Absent a showing of corrupt failure of the 

government to discharge its duty, the Court, in 

making its public interest finding, should . . . 

carefully consider the explanations of the 

government in the competitive impact statement 

and its responses to comments in order to 

determine whether those explanations are 

reasonable under the circumstances.’’); S. Rep. No. 

93–298, 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.’’). 

60. Courts cannot look beyond the 

complaint in making the public interest 

determination ‘‘unless the complaint 

underlying the decree is drafted so 

narrowly such that its entry would 

appear ‘to make a mockery of judicial 

power.’’’ Apple, 889 F. Supp. 2d at 631 

(S.D.N.Y. 2012) (citing SBC Commc’ns, 

489 F. Supp. 2d at 15). 

In its 2004 amendments, Congress 

made clear its intent to preserve the 

practical benefits of utilizing consent 

decrees in antitrust enforcement, adding 

the unambiguous instruction that 

‘‘[n]othing in this section shall be 

construed to require the court to 

conduct an evidentiary hearing or to 

require the court to permit anyone to 

intervene.’’ 15 U.S.C. § 16(e)(2); see also 

U.S. Airways, 38 F. Supp. 3d at 75 

(indicating that a court is not required 

to hold an evidentiary hearing or to 

permit intervenors as part of its review 

under the Tunney Act). The language 

wrote into the statute what Congress 

intended when it enacted the Tunney 

Act in 1974, as Senator Tunney 

explained: ‘‘[t]he court is nowhere 

compelled to go to trial or to engage in 

extended proceedings which might have 

the effect of vitiating the benefits of 

prompt and less costly settlement 

through the consent decree process.’’ 

119 Cong. Rec. 24, 598 (1973) (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; see also Apple, 889 F. 

Supp. 2d at 632 (‘‘[P]rosecutorial 

functions vested solely in the executive 

branch could be undermined by the 

improper use of the APPA as an 

antitrust oversight provision.’’) (citation 

omitted). 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 75.3

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. 

Dated: August 7, 2018 

Respectfully submitted, 

lllllllllllllllllllll

Lowell R. Stern 

United States Department of Justice, 

Antitrust Division, Media, Entertainment & 

Professional Services Section, 450 Fifth 

Street, N.W., Suite 4000, Washington, DC 

20530, Telephone: (202) 514–3676, 

Facsimile: (202) 514–7308, E-mail: 

lowell.stern@usdoj.gov 

Attorney for Plaintiff United States 

[FR Doc. 2018–17521 Filed 8–14–18; 8:45 am] 

BILLING CODE 4410–11–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

[Docket No. DEA–392] 

Bulk Manufacturer of Controlled 

Substances Application: Rhodes 

Technologies 

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 October 15, 2018. 

ADDRESSES: Written comments should 

be sent to: Drug Enforcement 

Administration, Attention: DEA Federal 

Register Representative/DRW, 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 

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. 

In accordance with 21 CFR 

1301.33(a), this is notice that on June 

28th, 2018, Rhodes Technologies, 498 

Washington Street, Coventry, Rhode 

Island 02816 applied to be registered as 

a bulk manufacturer of the following 

basic classes of controlled substances: 

Controlled substance Drug code Schedule 

Marihuana ...................................................................................................................................................................... 7360 I 

Tetrahydrocannabinols .................................................................................................................................................. 7370 I 

Dihydromorphine ............................................................................................................................................................ 9145 I 

Methylphenidate ............................................................................................................................................................. 1724 II 

Codeine .......................................................................................................................................................................... 9050 II 

Dihydrocodeine .............................................................................................................................................................. 9120 II 

Oxycodone ..................................................................................................................................................................... 9143 II 

Hydromorphone ............................................................................................................................................................. 9150 II 

Hydrocodone .................................................................................................................................................................. 9193 II 

Levorphanol ................................................................................................................................................................... 9220 II 

Morphine ........................................................................................................................................................................ 9300 II 

Oripavine ........................................................................................................................................................................ 9330 II 

Thebaine ........................................................................................................................................................................ 9333 II 

Oxymorphone ................................................................................................................................................................ 9652 II 

Noroxymorpohone ......................................................................................................................................................... 9668 II 

Tapentadol ..................................................................................................................................................................... 9780 II 


daltland on DSKBBV9HB2PROD with NOTICES
40568 Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices 

The company plans to manufacture 

the listed controlled substances in bulk 

for conversion and sale to finished 

dosage form manufacturers. In reference 

to drug code 7360 and 7370, the 

company plans to bulk manufacture a 

synthetic CBD and 

tetrahydrocannabinol. No other activity 

for drug code 7360 and 7370 are 

authorized for this registration. 

Dated: August 3, 2018. 

John J. Martin, 

Assistant Administrator. 

[FR Doc. 2018–17605 Filed 8–14–18; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

[OMB Number 1110–0067] 

Agency Information Collection 

Activities; Proposed eCollection 

eComments Requested; Revision of an 

Existing Collection in Use Rap Back 

Services Form (1–796) 

AGENCY: Criminal Justice Information 

Services Division, Federal Bureau of 

Investigation, Department of Justice. 

ACTION: 60-Day notice. 

SUMMARY: The Department of Justice 

(DOJ), Federal Bureau of Investigation 

(FBI), Criminal Justice Information 

Services (CJIS) Division, will be 

submitting the following information 

collection request to the Office of 

Management and Budget (OMB) 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 

October 15, 2018. 

FOR FURTHER INFORMATION CONTACT: If 

you have additional 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 

Gerry Lynn Brovey, Supervisory 

Information Liaison Specialist, Federal 

Bureau of Investigation, Criminal Justice 

Information Services Division, 1000 

Custer Hollow Road; Clarksburg, WV 

26306; phone: 304–625–4320 or email 

glbrovey@ic.fbi.gov. Written comments 

and/or suggestions can also be sent to 

the Office of Management and Budget, 

Office of Information and Regulatory 

Affairs, Attention Department of Justice 

Desk Officer, Washington, DC 20503 or 

sent to OIRA_submissions@

omb.eop.gov. 

SUPPLEMENTARY INFORMATION: Written 

comments and suggestions from the 

public and affected agencies concerning 

the proposed collection of information 

are encouraged. Your comments should 

address one or more of the following 

four points: 

—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; 

—Evaluate whether and if so how the 

quality, utility, and clarity of the 

information to be collected can be 

enhanced; 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. 

Overview of This Information 

Collection 

(1) Type of Information Collection: 

Revision of an approved collection. 

(2) Title of the Form/Collection: Rap 

Back Services Form (1–796). 

(3) Agency form number: The form 

number is 1–796. Sponsoring 

component: Department of Justice, 

Federal Bureau of Investigation, 

Criminal Justice Information Services 

Division. 

(4) Affected public who will be asked 

or required to respond, as well as a brief 

abstract: Primary: This form is utilized 

by authorized agencies to enroll 

individuals in the Rap Back Service to 

ensure the submitting agency is notified 

when individuals in positions of trust 

engage in criminal conduct or 

individuals under the supervision of a 

criminal justice agency commit 

subsequent criminal acts. 

(5) An estimate of the total number of 

respondents and the amount of time 

estimated for an average respondent to 

respond: It is estimated that 12 

respondents will complete each form 

within approximately 5 minutes. 

(6) An estimate of the total public 

burden (in hours) associated with the 

collection: There are an estimated 60 

total annual burden hours associated 

with this collection. 

If additional information is required 

contact: Melody Braswell, Department 

Clearance Officer, United States 

Department of Justice, Justice 

Management Division, Policy and 

Planning Staff, Two Constitution 

Square, 145 N Street NE, 3E.405A, 

Washington, DC 20530. 

Dated: August 10, 2018. 

Melody Braswell, 

Department Clearance Officer for PRA, U.S. 

Department of Justice. 

[FR Doc. 2018–17529 Filed 8–14–18; 8:45 am] 

BILLING CODE 4410–02–P 

DEPARTMENT OF JUSTICE 

Office of Justice Programs 

[OJP (NIJ) Docket No. 1750] 

Body Armor Manufacturer Workshop 

AGENCY: National Institute of Justice, 

Justice. 

ACTION: Notice. 

SUMMARY: The National Institute of 

Justice (NIJ) is hosting a workshop for 

body armor manufacturers to provide an 

overview of draft NIJ Standard 0101.07, 

Ballistic Resistance of Body Armor, and 

draft NIJ Specification Threat Levels 

and Associated Ammunition to Test 

Equipment Intended to Protect U.S. Law 

Enforcement Against Handguns and 

Rifles. A preliminary outline of how the 

NIJ Compliance Testing Program (CTP), 

which manages conformity assessment 

of body armor, will begin to phase out 

use of NIJ Standard 0101.06 and phase 

in the use of NIJ Standard 0101.07 in the 

administration of the program over 

approximately the next year will be 

presented. The impact of the transition 

on the Compliant Products List (CPL) 

and Follow-up Inspection Testing (FIT) 

of listed body armor models compliant 

with NIJ Standard 0101.06 over a longer 

period of time will also be discussed. 

This will be an open forum and there 

will opportunities for attendees to ask 

questions. Space is limited at this 

workshop, and as a result, only 100 

participants will be allowed to register. 

NIJ requests that each manufacturer 

limit their representatives to no more 

than two per organization. Exceptions to 

this limit may occur, should space 

allow. Participants planning to attend 

are responsible for their own travel 

arrangements. To register for the 

workshop, please send an email to 

bactp@justnet.org by 5:00 p.m. Eastern 

time on September 7, 2018, and provide 

the name of your company and the 

names of the representatives who will 

attend. A preliminary agenda will be 

sent to registered attendees 

approximately one week prior to the 

workshop. 


daltland on DSKBBV9HB2PROD with NOTICES