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18564 Federal Register / Vol. 73, No.

66 / Friday, April 4, 2008 / Notices

for the proper performance of the Dated: April 1, 2008. entry of the proposed Final Judgment
functions of the agency, including Lynn Bryant, after the public comment and this
whether the information will have Department Clearance Officer, PRA, U.S. Response have been published in the
practical utility; Department of Justice. Federal Register, pursuant to 15 U.S.C.
—Evaluate the accuracy of the agencies [FR Doc. E8–7088 Filed 4–3–08; 8:45 am] 16(d).
On November 13, 2007, the United
estimate of the burden of the BILLING CODE 4410–FY–P
States filed the Complaint in this matter
proposed collection of information,
alleging that the proposed acquisition of
including the validity of the
DEPARTMENT OF JUSTICE Florida Rock Industries, Inc. (‘‘Florida
methodology and assumptions used;
Rock’’) by Vulcan Materials Company
—Enhance the quality, utility, and Antitrust Division (‘‘Vulcan’’) would violate Section 7 of
clarity of the information to be the Clayton Act, 15 U.S.C. 18.
collected; and Public Comment and Response on Simultaneously with the filing of the
Proposed Final Judgment Complaint, the United States filed a
—Minimize the burden of the collection
of information on those who are to Pursuant to the Antitrust Procedures proposed Final Judgment and a Hold
respond, including through the use of and Penalties Act, 15 U.S.C. 16(b)–(h), Separate Stipulation and Order
appropriate automated, electronic, the United States hereby publishes (‘‘HSSO’’) signed by plaintiff and the
mechanical, or other technological below the comment received on the defendants, consenting to the entry of
collection techniques or other forms proposed Final Judgment in United the proposed Final Judgment after
of information technology, e.g., States v. Vulcan Materials Company compliance with the requirements of the
permitting electronic submission of and Florida Rock Industries, Inc., No. Tunney Act, 15 U.S.C. 16. Pursuant to
responses. 1:07–CV–02044, which was filed in the those requirements, the United States
United States District Court for the filed its Competitive Impact Statement
Overview of This Information District of Columbia on November 13, (‘‘CIS’’) in this Court, also on November
Collection 2007, together with the response of the 13, 2007; published the proposed Final
United States to the comment. Judgment and CIS in the Federal
(1) Type of Information Collection: Register on December 4, 2007, see
Copies of the comment and the
Extension of a currently approved United States v. Vulcan Materials
response are available for inspection at
collection. Company and Florida Rock Industries,
the Department of Justice Antitrust
(2) Title of the Form/Collection: Division, 325 Seventh Street, NW., Inc., 72 FR 68189; and published
Firearms Transaction Record Part II— Room 215, Washington, DC 20530, summaries of the terms of the proposed
Intrastate Non-Over-the-Counter. (telephone (202) 514–2481), and at the Final Judgment and CIS, together with
(3) Agency form number, if any, and Office of the Clerk of the United States directions for the submission of written
the applicable component of the District Court for the District of comments relating to the proposed Final
Department of Justice sponsoring the Columbia, 333 Constitution Avenue, Judgment, in The Washington Post for
collection: Form Number: ATF F 4473 NW., Washington, DC 20001. Copies of seven days beginning on December 16,
Part II (5300.9). Bureau of Alcohol, any of these materials may be obtained 2007 and ending on December 22, 2007.
Tobacco, Firearms and Explosives. upon request and payment of a copying The 60-day period for public comments
fee. ended on February 20, 2008, and one
(4) Affected public who will be asked comment was received as described
or required to respond, as well as a brief J. Robert Kramer II, below and attached hereto.
abstract: Primary: Individuals or Director of Operations, Antitrust Division.
households. Other: Business or other I. The Investigation and Proposed
for-profit. The form is used to determine United States District Court For the Resolution
the eligibility of a person to receive a District of Columbia
On February 19, 2007, Vulcan and
firearm from a Federal firearms licensee United States of America, Plaintiff, v. Florida Rock entered into an agreement
and to establish the identity of the Vulcan Materials Company and Florida for Vulcan to acquire Florida Rock in a
buyer. The form is also used in law Rock Industries, Inc., Defendants. cash-and-stock transaction. For the next
enforcement investigations to trace Case No.: 1:07–CV–02044. nine months, the United States
firearms or to confirm criminal activity. Judge: Sullivan, Emmet G. Department of Justice (‘‘Department’’)
(5) An estimate of the total number of Deck Type: Antitrust. conducted an extensive, detailed
respondents and the amount of time Date Stamp: investigation into the competitive
estimated for an average respondent to effects of the Vulcan/Florida Rock
Plaintiff United States’ Response To transaction. As part of this investigation,
respond: It is estimated that 500 Public Comments
respondents will complete a 20 minute the Department obtained substantial
form. Pursuant to the requirements of the documents and information from the
Antitrust Procedures and Penalties Act, merging parties and issued six Civil
(6) An estimate of the total public 15 U.S.C. 16(b)–(h) (‘‘APPA’’ or Investigative Demands to third parties.
burden (in hours) associated with the ‘‘Tunney Act’’), the United States The Department received and
collection: There are an estimated 165 hereby responds to the one public considered more than 130 boxes of hard
annual total burden hours associated comment received regarding the copy material and over 280,000
with this collection. proposed Final Judgment in this case. electronic files. More than 130
If additional information is required After careful consideration of the interviews were conducted with
contact: Lynn Bryant, Department comment, the United States continues to customers, competitors, and other
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Clearance Officer, Policy and Planning believe that the proposed Final individuals with knowledge of the
Staff, Justice Management Division, Judgment will provide an effective and industry. The investigative staff
Department of Justice, Patrick Henry appropriate remedy for the antitrust carefully analyzed the information
Building, Suite 1600, 601 D Street, NW., violations alleged in the Complaint. The provided and thoroughly considered all
Washington, DC 20530. United States will move the Court for of the issues presented. The Department

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Federal Register / Vol. 73, No. 66 / Friday, April 4, 2008 / Notices 18565

considered the potential competitive Therefore, the Department filed its A. Summary of the Comment Submitted
effects of the transaction on coarse Complaint alleging competitive harm in by the NLCCA
aggregate sold in a number of different the coarse aggregate product market in As the President of the organization,
geographic areas, obtaining information each of the eight affected geographic Jonathan P. Sexton, states in the
about this product and these areas from markets, and sought a remedy that NLCCA’s comment, Department
customers, competitors, and other would ensure that such harm is attorneys spoke with Mr. Sexton during
knowledgeable parties. The Department prevented. For each of the eight affected the course of the investigation, and the
concluded that the combination of geographic markets, the proposed Final United States was therefore aware of the
Vulcan and Florida Rock likely would Judgment requires the divestiture of a Association’s concerns about the Lamar
lessen competition in the production, quarry serving that market, and in the quarry.
distribution and sale of coarse aggregate case of South Hampton Roads also In its comment, the NLCCA notes that
in eight different geographic markets. requires the divestiture of one the proposed Final Judgment does not
Coarse aggregate is crushed stone distribution yard. mention the Lamar quarry, which
produced at quarries and used for such The proposed Final Judgment in this according to the organization received
things as road base and the production case is designed to preserve competition the necessary permits for its operation
of ready mix concrete and asphalt. in the production, distribution, and sale
There are no reliable substitutes for only on November 9, 2007, four days
of coarse aggregate in each of the eight before the filing of the Complaint and
coarse aggregate, and to the extent that affected geographic markets. The
any substitutes exist they are already proposed Final Judgment. The NLCCA
proposed Final Judgment requires the asserts that Vulcan ‘‘plans to serve
being used by customers to the fullest divestiture of sufficient assets to prevent
extent possible, and their use cannot be southeast Atlanta with not only the
the increase in concentration that Butts County Quarry but the huge
increased in response to an increase in resulted from the combination of Vulcan
the price of coarse aggregate. A small 588.50 [acre] Lamar County Quarry,’’
and Florida Rock in each affected and that allowing Vulcan to continue to
but significant increase in price would market.
not likely cause coarse aggregate operate the Lamar County Quarry
consumers to switch products or II. Summary of Public Comment and ‘‘effectively nullifies the effect on
otherwise reduce their usage of coarse Response competition of the divesting of the Butts
aggregate so as to make the price County Quarry.’’ The comment states
During the 60-day public comment that ‘‘the Lamar County Quarry is
increase unprofitable.
The eight separate geographic markets period, the United States received only centered between the Butts County
in which Vulcan’s acquisition of Florida one comment, from the North Lamar Quarry and the Griffin Quarry,’’ and that
Rock would lessen competition County Citizens Association there is ‘‘no major competition in this
substantially are: Northwest Atlanta, (‘‘NLCCA’’), relating primarily to a area of South and Southeastern
West Atlanta, Southwest Atlanta, South quarry located in that county.1 No Atlanta.’’ The NLCCA concludes by
Atlanta, Southeast Atlanta, Georgia; comment was received from any coarse arguing that the proposed Final
Columbus, Georgia; Chattanooga, aggregate customer located in any of the Judgment (the ‘‘Consent Agreement’’) is
Tennessee; and South Hampton Roads, eight geographic markets, or anywhere ‘‘flawed and in error’’ because of its
Virginia. In each market, certain Vulcan else, or from any competitor selling ‘‘failure to address competition in light
and Florida Rock quarries competed coarse aggregate to such customers. of the Lamar County Quarry,’’ and that
with each other, and usually also with Upon review, the United States believes the defendants ‘‘should be required to
one or two other companies, to serve that nothing in the comment warrants a divest of both the Butts County Quarry
customers in that market, and customers change in the proposed Final Judgment and the Lamar County Quarry.’’
with plants or jobs within that market or is sufficient to suggest that the
proposed Final Judgment is not in the B. Response of United States to the
were not able to turn to other suppliers NLCCA’s Comment
because their quarries were too far away public interest. The comment asserts
and their hauling costs were too great. that the relief obtained by the United The United States has carefully
As explained more fully in the States in the Southeast Atlanta market is considered the NLCCA’s comment, but
Complaint and CIS, the acquisition of inadequate because it did not require disagrees that failure to require the
Florida Rock by Vulcan would have the divestiture of Florida Rock’s Lamar divestiture of the Lamar quarry will
substantially increased concentration County quarry along with the have any adverse effect on competition.
and lessened competition in the divestiture of Vulcan’s Butts County As noted in the comment, the three
production, distribution and sale of quarry. The United States addresses this quarries nearest to one another in the
coarse aggregate in each of the eight concern below and explains how the area around Lamar County are: (1) The
affected geographic markets. In the remedy is appropriate.2 Griffin Quarry, which had been owned
affected markets, the acquisition would by Florida Rock; (2) the Lamar County
have reduced the number of suppliers 1 The NLCCA Comment came in two parts, the quarry project, to the southeast of the
from four to three, from three to two, or primary comment by letter dated January 12, 2008, Griffin quarry, which was being
from two to one; would have eliminated and a supplement by letter dated January 14, 2008. developed by Florida Rock; and (3) the
2 The comment also asserts that the quarry
competition between Vulcan and identified in the complaint as belonging to one of
Butts County quarry project, still further
Florida Rock; and would have increased the defendants’ competitors in the South Atlanta to the east, which was being developed
the likelihood that Vulcan would market, and located in College Park, Georgia, does by Vulcan. The key fact is that the
unilaterally increase the price of coarse not appear in the Mining Directory of Georgia put Griffin quarry and the Lamar County
out by the Georgia Department of Natural
aggregate to a significant number of Resources, and that the Association is ‘‘unaware of
project were both owned by Florida
customers. In certain markets, the Rock, and there would have been no
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any such quarry.’’ The United States does not know


acquisition also would have facilitated why the College Park quarry does not appear in the competition between these two quarries
coordination among the remaining list of quarries shown on the document attached by whether or not Florida Rock had been
the Association. However, it does appear on the
coarse aggregate suppliers. In every Georgia Department of Transportation’s Web site, at
acquired by Vulcan. The Butts County
affected market, it was likely that the http://wwwdot.state.ga.us/dotJconstruction project, on the other hand, was being
acquisition would lead to higher prices. Imaterials-researchfDocuments/Pdf/qpl/qpl02.pdf. developed by Vulcan, and this quarry

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18566 Federal Register / Vol. 73, No. 66 / Friday, April 4, 2008 / Notices

thus would have provided independent North Lamar County Citizens As discussed in the impact statement,
competition to the Florida Rock quarries Association: Jonathan P. Sexton, the issue is competition and competitive
in the area but for the acquisition. It is President, P.O. Box 516, Milner, Georgia pricing in the aggregate industry is
this competition—the competition 30257, (770) 474–9335, typically determined by plant and
provided by the Butts County quarry— jonsclerk@yahoo.com. service locations. Vulcan plans to serve
that would have been removed by southeast Atlanta with not only the
North Lamar County Citizens
Vulcan’s acquisition of Florida Rock. Butts County Quarry but the huge
Association P.O. Box 516, Milner,
And it is this competition that the Final 588.50 Lamar County Quarry. Allowing
Georgia 30257. ‘‘Quality Growth,
Judgment preserves by requiring that the Vulcan and FRI to operate the Lamar
Quality Life’’
Butts quarry project be divested. County Quarry effectively nullifies the
Requiring divestiture of the Lamar January 12, 2008. effect on competition of the divesting of
County quarry as well as the Butts Via Certified Mail Return Receipt Na the Butts County Quarry. Vulcan will
quarry would go well beyond what is 1555474410048138605. have effectively ringed in and roped off
needed to restore competition in the Maribeth Petrizzi, Chief, Litigation H the southeast Atlanta area from
Southeast Atlanta market, which is why Section, Antitrust Division, U.S. competition if it is allowed to operate
the United States did not seek to have Department of Justice, 1401 H Street,
this large Lamar County Quarry.
this divestiture included in the Final NW., Suite 3000, Washington, DC
Attached as Exhibit 2 is a map of
Judgment. 20530.
Re: USA DOJ v. Vulcan Materials quarries in the area. Flag A is the Butts
III. Conclusion Company and Florida Rock Industries, County Quarry. Flag B is the Lamar
Inc., Case: I:07–cv–02044. County Quarry. Flag R is the Griffin
The issues raised in the public Quarry. All of the blue flags expect for
comment were among the many Dear Ms. Petrizzi,
My name is Jonathan Sexton. I am A are competitors. All of the orange
considered during the extensive and flags are Vulcan and FRI quarries. As
thorough investigation. The United President of the North Lamar County
Citizens Association. Please consider you can see, the Lamar County Quarry
States has determined that the proposed is centered between the Butts County
this to be our comment pursuant to the
Final Judgment provides an effective Quarry and the Griffin Quarry. There is
Tunney Act regarding the proposed
and appropriate remedy for the antitrust no major competition in this area of
consent decree and the merger of
violations alleged in the Complaint, and South and Southeast Atlanta.
Vulcan Materials Company (Vulcari)
is therefore in the public interest. The
and Florida Rock Industries, Inc. (FRI). Page 2, January 12, 2008.
United States will move this Court to
I read the complaint and the impact There is also an error in paragraph 24
enter the proposed Final Judgment after
with some interest. Let me bring to your of the complaint and impact statement.
the comment and response are
attention a major issue that was left out Paragraph 24 of the complaint and
published. Respectfully submitted,
of the impact statement with respect to paragraph 2(B)(2)(d) of the Impact
Dated: March 18, 2008.
the anti-competitive effect of this merger Statement refer to an unnamed
Robert W. Wilder, on the South Atlanta and Southeast
Attorney. competitors quarry located in College
Atlanta markets. Park, Georgia that acts as a competitor
U.S. Department of Justice, In examining the proposed consent
Antitrust Division, to Defendants. According to the Mining
agreement with respect to the South Directory of Georgia, 21st Edition,
Litigation II Section, Atlanta and Southeast Atlanta markets,
1401 H Street, NW., Suite 3000, Georgia Department of Natural
Washington, DC 20530, there has been a glaring omission. In Resources, Environmental Protection
Telephone: (202) 307–0924. paragraph 2(B)(2)(d) and (e) there is no Division, there is no such competitor’s
mention of the FRI quarry in quarry in College Park, Georgia. We are
Certificate of Service development in Lamar County. This unaware of any such quarry.
I, Robert W. Wilder, hereby certify quarry is only 9.89 miles from the
Vulcan Butts County quarry that is Clearly, failure to address competition
that on the 18th day of March, 2008, I in light of the Lamar County Quarry
caused a copy of the foregoing Plaintiff mentioned and is being divested. The
Lamar County Quarry is 23 miles from makes the Consent Agreement flawed
United States’ Response to Public and in error with respect to decreasing
Comments with attachments to be the FRI Griffin Quarry and 29 miles
from the Vulcan Stockbridge Quarry. competition and increasing prices in
mailed, by U.S. mail, postage prepaid, to South and Southeast Atlanta.
the attorneys listed below: We know that the DOJ is aware of this
quarry as I have personally had Defendants should be required to divest
Counsel for Defendant Vulcan
conversations with Helena Jolly of both the Butts County Quarry and the
Materials Company: Joseph D. Larson,
(Gardner) regarding this specific quarry. Lamar County Quarry.
Esquire, Wachtell, Lipton, Rosen & Katz
LLP, 51 West 52nd Street, New York, The quarry received Georgia EPD Sincerely,
New York 10019, (212) 403–1000, surface, air, and water permits on Jonathan P. Sexton
JDLarson@wlrk.com. November 9, 2007. (A copy of the President, North Lamar County Citizens
Counsel for Defendant Florida Rock permits are attached as Exhibit A). This Association
Industries, Inc.: Laura A. Wilkinson, quarry encompasses 588.50 acres in
Esquire, Weil, Gotshal & Manges LLP, Lamar County and has been described Cc: Honorable Emmet G. Sullivan,
1300 I Street, NW., Suite 900, by FRI in public hearings as ‘‘one of the Judge, United States District Court for
Washington, DC 20005, (202) 682–7005, best deposits of granite in the State of the District of Columbia
laura.wilkinson@weil.com. Georgia outside of Stone Mountain.’’ BILLING CODE 4410–11–P
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18570 Federal Register / Vol. 73, No. 66 / Friday, April 4, 2008 / Notices

Maps appearing here in the comment made application by renewal to the controlled substances listed in
are illegible upon reprinting. The maps Drug Enforcement Administration schedules I and II:
are available at the Department of (DEA) to be registered as a bulk
Justice Antitrust Division, 325 Seventh manufacturer of the basic classes of Drug Schedule
Street, NW., Room 215, Washington, DC controlled substances listed in
schedules I and II: Dihydromorphine (9145) ............... I
20530, (202) 514–2481, and at the Office
Amphetamine (1100) .................... II
of the Clerk of the United States District Methylphenidate (1724) ................ II
Court for the District of Columbia, 333 Drug Schedule
Amobarbital (2125) ....................... II
Constitution Avenue, NW., Washington, Pentobarbital (2270) ..................... II
Tetrahydrocannabinols (7370) ..... I
DC 20001. Methylphenidate (1724) ................ II
Secobarbital (2315) ...................... II
Glutethimide (2550) ...................... II
North Lamar County Citizens Codeine (9050) ............................. II
Codeine (9050) ............................. II
Association Dihydrocodeine (9120) ................. II
Oxycodone (9143) ........................ II
Oxycodone (9143) ........................ II
P.O. Box 516, Milner, Georgia 30257. Hydromorphone (9150) ................ II Hydromorphone (9150) ................ II
‘‘Quality Growth, Quality Life’’ Hydrocodone (9193) ..................... II Hydrocodone (9193) ..................... II
January 14, 2008. Oripavine (9330) ........................... II Methadone (9250) ........................ II
Thebaine (9333) ........................... II Methadone intermediate (9254) ... II
Maribeth Petrizzi, Chief, Litigation II Dextropropoxyphene, bulk (non- II
Section, Antitrust Division, U.S. Oxymorphone (9652) ................... II
Noroxymorphone (9668) .............. II dosage forms) (9273).
Department of Justice, 1401 H Street Morphine (9300) ........................... II
Fentanyl (9801) ............................ II
NW., Suite 3000, Washington, DC Oxymorphone (9652) ................... II
20530. The company plans to manufacture
Supplement To Comment The company plans to manufacture
the listed controlled substances in bulk
Re: USA DOJ v. Vulcan Materials the listed controlled substances in bulk
for conversion and sale to dosage form
Company and Florida Rock Industries, for distribution to its customers.
manufacturers.
Inc., Case: I:07–cv–02044. Any other such applicant and any Any other such applicant and any
Dear Ms. Petrizzi, person who is presently registered with
person who is presently registered with
After sending our comment I realized DEA to manufacture such substances
DEA to manufacture such a substance
there was no contact information may file comments or objections to the
may file comments or objections to the
included. Accordingly, below is my issuance of the proposed registration
issuance of the proposed registration
contact information. Also attached are pursuant to 21 CFR 1301.33(a).
pursuant to 21 CFR 1301.33(a).
photos showing that FRI has already Any such written comments or Any such written comments or
begun working at the Lamar County objections being sent via regular mail objections being sent via regular mail
Quarry. should be addressed, in quintuplicate, should be addressed, in quintuplicate,
If you have any questions, please feel to the Drug Enforcement to the Drug Enforcement
free to call me. Administration, Office of Diversion Administration, Office of Diversion
Sincerely, Control, Federal Register Representative
Control, Federal Register Representative
Jonathan P. Sexton (ODL), Washington, DC 20537, or any
President, North Lamar County Citizens (ODL), Washington, DC 20537, or any
being sent via express mail should be being sent via express mail should be
Association sent to Drug Enforcement
Contact: Jonathan P. Sexton. sent to Drug Enforcement
Administration, Office of Diversion Administration, Office of Diversion
Phone: 770–474–9335. Control, Federal Register Representative
Fax: 770–474–7113. Control, Federal Register Representative
(ODL), 8701 Morrissette Drive, (ODL), 8701 Morrissette Drive,
E-mail: jonsclerk@yahoo.com. Springfield, Virginia 22152; and must be
Photographs appearing here in the Springfield, Virginia 22152; and must be
filed no later than June 3, 2008. filed no later than June 3, 2008.
comment are illegible upon reprinting.
The photographs are available at the Dated: March 28, 2008. Dated: March 28, 2008.
Department of Justice Antitrust Joseph T. Rannazzisi, Joseph T. Rannazzisi,
Division, 325 Seventh Street, NW., Deputy Assistant Administrator, Office of Deputy Assistant Administrator, Office of
Room 215, Washington, DC 20530, (202) Diversion Control, Drug Enforcement Diversion Control, Drug Enforcement
514–2481, and at the Office of the Clerk Administration. Administration.
of the United States District Court for [FR Doc. E8–7037 Filed 4–3–08; 8:45 am] [FR Doc. E8–7039 Filed 4–3–08; 8:45 am]
the District of Columbia, 333 BILLING CODE 4410–09–P
BILLING CODE 4410–09–P
Constitution Avenue, NW., Washington,
DC 20001.
[FR Doc. E8–6875 Filed 4–3–08; 8:45 am] DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE
BILLING CODE 4410–11–C
Drug Enforcement Administration Executive Office for Immigration
Review
DEPARTMENT OF JUSTICE Manufacturer of Controlled [OMB Number 1125–0003]
Substances; Notice of Application
Drug Enforcement Administration Pursuant to 1301.33(a) of Title 21 of Agency Information Collection
the Code of Federal Regulations (CFR), Activities: Proposed Collection;
Manufacturer of Controlled Comments Requested
this is notice that on March 10, 2008,
Substances; Notice of Application
Siegfried (USA), Inc., Industrial Park
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ACTION: 60-day notice of information


Pursuant to 1301.33(a) of Title 21 of Road, Pennsville, New Jersey 08070, collection under review: fee waiver
the Code of Federal Regulations (CFR), made application by renewal to the request.
this is notice that on March 5, 2008, Drug Enforcement Administration
Rhodes Technologies, 498 Washington (DEA) to be registered as a bulk The Department of Justice (DOJ),
Street, Coventry, Rhode Island 02816, manufacturer of the basic classes of Executive Office for Immigration

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