82_FR_34692 82 FR 34551 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-Border Security Technology Consortium

82 FR 34551 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-Border Security Technology Consortium

DEPARTMENT OF JUSTICE
Antitrust Division

Federal Register Volume 82, Issue 141 (July 25, 2017)

Page Range34551-34552
FR Document2017-15584

Federal Register, Volume 82 Issue 141 (Tuesday, July 25, 2017)
[Federal Register Volume 82, Number 141 (Tuesday, July 25, 2017)]
[Notices]
[Pages 34551-34552]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15584]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--Border Security Technology Consortium

    Notice is hereby given that, on June 8, 2017, pursuant to Section 
6(a) of the National Cooperative Research and Production Act of 1993, 
15 U.S.C. 4301 et seq. (``the Act''), Border Security Technology 
Consortium (``BSTC'') has filed written notifications simultaneously 
with the Attorney General and the Federal Trade Commission disclosing 
changes in its membership. The notifications were filed for the purpose 
of extending the Act's provisions limiting the recovery of antitrust 
plaintiffs to actual damages under specified circumstances. 
Specifically, AeroVironment, Inc., SimiValley, CA; AirRobot US, Inc., 
Arlington, VA; Applied Research Associates, Inc. (ARA), Albuquerque, 
NM; Aventura Technologies, Inc., Hauppauge, NY; C Speed, LLC, 
Liverpool, NY; Capgemini Government Solutions, LLC, Herndon, VA; CCSN, 
LLC, Guynabo, P.R.; Chartis Consulting Corporation, Falls Church, VA; 
Commdex Consulting, LLC, Norcross, GA; CONVERUS, Inc., Lehi, UT; Drone 
Co-Habitation Services, LLC, Herndon, VA; Elbit Systems of America, 
Inc., McLean, VA; EnZoo, Inc., Woodinville, WA; Exelis, Inc., Fort 
Wayne, IN; FLIR Detection, Inc., Arlington, VA; Georgia Tech Applied 
Research Corporation, Atlanta, GA; Guidepost Solutions, LLC, New York, 
NY; HiTech Systems, Inc., D.B.A. Pulsiam, Los Angeles, CA; ICF, 
Fairfax, VA; IEC Infrared Systems, Middleburg Heights, OH; Innovative 
Wireless Technologies, Lynchburg, VA; International Business Machines 
Corporation (IBM), Bethesda, MD; Leidos, Reston, VA; Logos 
Technologies, LLC, Fairfax, VA; Lukos, LLC, Tampa, FL; Michael Baker 
Jr., Inc., Phoenix, AZ; Polaris Sensor Technologies, Huntsville, AL; 
Pricewaterhouse Coopers (PwC), McLean, VA; Priority 5 Holdings, Inc., 
Needham, MA; Rajant, Malvern, PA; Red Team Defense Group, Spring 
Branch, TX; Rhombus Power, Inc., Moffett Field, CA; Salient Federal 
Solutions, Fairfax, VA; SRI International, Menlo Park, CA; Stark 
Aerospace, Arlington, VA; StrongWatch Corporation, Tucson, AZ; 
TigerSwan, Inc., Apex, NC; Toyon Research Corporation, Goleta, CA; 
Unmanned Experts, Inc., Denver, CO; Unmanned Solutions Technology, LLC, 
Beavercreek, OH; USTETA, Washington, DC; ViON Corporation, Herndon, VA; 
and XLA Associates, Springfield, VA, have been added as parties to this 
venture.
    Also, ADDSS Incorporated, Tucson, AZ; Azos AI LLC, Haymarket, VA; 
Digital Barriers Services, LTD, London, UK; Hurley IR, Mount Airy, MD; 
ICS Consulting, LLC, Arlington, VA; ICx Tactical Platforms, Forest 
Park, GA; Morpho Detection, Newark, CA; Morpho Trak, Alexandria, VA; 
NAVISTAR, Lisle, IL; ProQual-I.T., Inc., Rockville, MD; Rapiscan 
Systems, Torrence, CA; Symetrica, Maynard, MA; University of Arizona, 
Tucson, AZ; and Whitney Bradley & Brown, Inc., Reston, VA, have 
withdrawn as parties to this venture.
    No other changes have been made in either the membership or planned 
activity of the group research project. Membership in this group 
research project remains open, and BSTC intends to file additional 
written notifications disclosing all changes in membership.

[[Page 34552]]

    On May 30, 2012, BSTC filed its original notification pursuant to 
Section 6(a) of the Act. The Department of Justice published a notice 
in the Federal Register pursuant to Section 6(b) of the Act on June 18, 
2012 (77 FR 36292).
    The last notification was filed with the Department on October 5, 
2012. A notice was published in the Federal Register pursuant to 
section 6(b) of the Act on November 6, 2012 (77 FR 66635).

Patricia A. Brink,
Director of Civil Enforcement, Antitrust Division.
[FR Doc. 2017-15584 Filed 7-24-17; 8:45 am]
BILLING CODE P



                                                                                  Federal Register / Vol. 82, No. 141 / Tuesday, July 25, 2017 / Notices                                          34551

                                                  Office of the Chancellor, Long Beach,                    Deformation in the Permian Strata of                  Arlington, VA; Applied Research
                                                  CA; Cerego, San Francisco, CA; Data                      Texas and New Mexico: Implications for                Associates, Inc. (ARA), Albuquerque,
                                                  Recognition Corp., Maple Grove, MN;                      Exploitation of the Permian Basin                     NM; Aventura Technologies, Inc.,
                                                  Digitalme, Leeds, UNITED KINGDOM;                        (‘‘Permian Basin’’) has filed written                 Hauppauge, NY; C Speed, LLC,
                                                  Indiana University, Bloomington, IN;                     notifications simultaneously with the                 Liverpool, NY; Capgemini Government
                                                  Learning Machine, Dallas, TX; School                     Attorney General and the Federal Trade                Solutions, LLC, Herndon, VA; CCSN,
                                                  District of Philadelphia, Philadelphia,                  Commission disclosing changes in its                  LLC, Guynabo, P.R.; Chartis Consulting
                                                  PA; Seattle Public Schools, Seattle, WA;                 membership. The notifications were                    Corporation, Falls Church, VA;
                                                  South Carolina Department of                             filed for the purpose of extending the                Commdex Consulting, LLC, Norcross,
                                                  Education, Columbia, SC; and Galena                      Act’s provisions limiting the recovery of             GA; CONVERUS, Inc., Lehi, UT; Drone
                                                  Park Independent School District,                        antitrust plaintiffs to actual damages                Co-Habitation Services, LLC, Herndon,
                                                  Houston, TX, have been added as                          under specified circumstances.                        VA; Elbit Systems of America, Inc.,
                                                  parties to this venture.                                 Specifically, Diamondback E&P LLC,                    McLean, VA; EnZoo, Inc., Woodinville,
                                                     Also, Intersective, Sydney,                           Midland, TX; and Noble Energy, Inc.,                  WA; Exelis, Inc., Fort Wayne, IN; FLIR
                                                  AUSTRALIA; Intel, Santa Clara, CA;                       Houston, TX, have been added as                       Detection, Inc., Arlington, VA; Georgia
                                                  and Utah Valley University, Orem, UT,                    parties to this venture.                              Tech Applied Research Corporation,
                                                  have withdrawn as parties to this                           No other changes have been made in                 Atlanta, GA; Guidepost Solutions, LLC,
                                                  venture.                                                 either the membership or planned                      New York, NY; HiTech Systems, Inc.,
                                                     In addition, an existing member,                      activity of the group research project.               D.B.A. Pulsiam, Los Angeles, CA; ICF,
                                                  CODE–OUJ, has changed its name to                        Membership in this group research                     Fairfax, VA; IEC Infrared Systems,
                                                  Online Education Center of OUJ, Chiba,                   project remains open, and Permian                     Middleburg Heights, OH; Innovative
                                                  JAPAN.                                                   Basin intends to file additional written              Wireless Technologies, Lynchburg, VA;
                                                     No other changes have been made in                    notifications disclosing all changes in               International Business Machines
                                                  either the membership or planned                         membership.                                           Corporation (IBM), Bethesda, MD;
                                                  activity of the group research project.                     On April 18, 2017, Permian Basin                   Leidos, Reston, VA; Logos Technologies,
                                                  Membership in this group research                        filed its original notification pursuant to           LLC, Fairfax, VA; Lukos, LLC, Tampa,
                                                  project remains open, and IMS Global                     Section 6(a) of the Act. The Department               FL; Michael Baker Jr., Inc., Phoenix, AZ;
                                                  intends to file additional written                       of Justice published a notice in the                  Polaris Sensor Technologies, Huntsville,
                                                  notifications disclosing all changes in                  Federal Register pursuant to Section                  AL; Pricewaterhouse Coopers (PwC),
                                                  membership.                                              6(b) of the Act on May 12, 2017 (82 FR                McLean, VA; Priority 5 Holdings, Inc.,
                                                     On April 7, 2000, IMS Global filed its                22159).                                               Needham, MA; Rajant, Malvern, PA;
                                                  original notification pursuant to Section                   The last notification was filed with               Red Team Defense Group, Spring
                                                  6(a) of the Act. The Department of                       the Department on May 17, 2017. A                     Branch, TX; Rhombus Power, Inc.,
                                                  Justice published a notice in the Federal                notice was published in the Federal                   Moffett Field, CA; Salient Federal
                                                  Register pursuant to Section 6(b) of the                 Register pursuant to Section 6(b) of the              Solutions, Fairfax, VA; SRI
                                                  Act on September 13, 2000 (65 FR                         Act on June 20, 2017 (82 FR 28092).                   International, Menlo Park, CA; Stark
                                                  55283).                                                                                                        Aerospace, Arlington, VA; StrongWatch
                                                                                                           Patricia A. Brink,
                                                     The last notification was filed with                                                                        Corporation, Tucson, AZ; TigerSwan,
                                                  the Department on April 19, 2017. A                      Director of Civil Enforcement, Antitrust
                                                                                                           Division.                                             Inc., Apex, NC; Toyon Research
                                                  notice was published in the Federal                                                                            Corporation, Goleta, CA; Unmanned
                                                                                                           [FR Doc. 2017–15582 Filed 7–24–17; 8:45 am]
                                                  Register pursuant to Section 6(b) of the                                                                       Experts, Inc., Denver, CO; Unmanned
                                                  Act on May 2, 2017 (82 FR 20488).                        BILLING CODE P
                                                                                                                                                                 Solutions Technology, LLC,
                                                  Patricia A. Brink,                                                                                             Beavercreek, OH; USTETA, Washington,
                                                  Director of Civil Enforcement, Antitrust                 DEPARTMENT OF JUSTICE                                 DC; ViON Corporation, Herndon, VA;
                                                  Division.                                                                                                      and XLA Associates, Springfield, VA,
                                                  [FR Doc. 2017–15583 Filed 7–24–17; 8:45 a.m.]            Antitrust Division                                    have been added as parties to this
                                                  BILLING CODE P                                                                                                 venture.
                                                                                                           Notice Pursuant to the National                          Also, ADDSS Incorporated, Tucson,
                                                                                                           Cooperative Research and Production                   AZ; Azos AI LLC, Haymarket, VA;
                                                  DEPARTMENT OF JUSTICE                                    Act of 1993—Border Security                           Digital Barriers Services, LTD, London,
                                                                                                           Technology Consortium                                 UK; Hurley IR, Mount Airy, MD; ICS
                                                  Antitrust Division                                          Notice is hereby given that, on June 8,            Consulting, LLC, Arlington, VA; ICx
                                                                                                           2017, pursuant to Section 6(a) of the                 Tactical Platforms, Forest Park, GA;
                                                  Notice Pursuant to the National                                                                                Morpho Detection, Newark, CA; Morpho
                                                                                                           National Cooperative Research and
                                                  Cooperative Research and Production                                                                            Trak, Alexandria, VA; NAVISTAR,
                                                                                                           Production Act of 1993, 15 U.S.C. 4301
                                                  Act of 1993—Cooperative Research                                                                               Lisle, IL; ProQual-I.T., Inc., Rockville,
                                                                                                           et seq. (‘‘the Act’’), Border Security
                                                  Group on Mechanical Stratigraphy and                                                                           MD; Rapiscan Systems, Torrence, CA;
                                                                                                           Technology Consortium (‘‘BSTC’’) has
                                                  Natural Deformation in the Permian                                                                             Symetrica, Maynard, MA; University of
                                                                                                           filed written notifications
                                                  Strata of Texas and New Mexico:                                                                                Arizona, Tucson, AZ; and Whitney
                                                                                                           simultaneously with the Attorney
                                                  Implications for Exploitation of the                                                                           Bradley & Brown, Inc., Reston, VA, have
                                                                                                           General and the Federal Trade
                                                  Permian Basin                                                                                                  withdrawn as parties to this venture.
                                                                                                           Commission disclosing changes in its
mstockstill on DSK30JT082PROD with NOTICES




                                                     Notice is hereby given that, on June                  membership. The notifications were                       No other changes have been made in
                                                  22, 2017, pursuant to Section 6(a) of the                filed for the purpose of extending the                either the membership or planned
                                                  National Cooperative Research and                        Act’s provisions limiting the recovery of             activity of the group research project.
                                                  Production Act of 1993, 15 U.S.C. 4301                   antitrust plaintiffs to actual damages                Membership in this group research
                                                  et seq. (‘‘the Act’’), Southwest Research                under specified circumstances.                        project remains open, and BSTC intends
                                                  Institute—Cooperative Research Group                     Specifically, AeroVironment, Inc.,                    to file additional written notifications
                                                  on Mechanical Stratigraphy and Natural                   SimiValley, CA; AirRobot US, Inc.,                    disclosing all changes in membership.


                                             VerDate Sep<11>2014   19:30 Jul 24, 2017   Jkt 241001   PO 00000   Frm 00080   Fmt 4703   Sfmt 4703   E:\FR\FM\25JYN1.SGM   25JYN1


                                                  34552                           Federal Register / Vol. 82, No. 141 / Tuesday, July 25, 2017 / Notices

                                                    On May 30, 2012, BSTC filed its                        asserted that Registrant’s registration                Rio Properties, Inc. v. Rio Int’l Interlink,
                                                  original notification pursuant to Section                was subject to revocation based on his                 284 F.3d 1007, 1017–18 (9th Cir. 2002);
                                                  6(a) of the Act. The Department of                       lack of state authority. Id. at 2.                     Snyder, et al. v. Alternate Energy Inc.,
                                                  Justice published a notice in the Federal                  The Government attempted to serve                    857 N.Y.S. 2d 442, 447–449 (N.Y. Civ.
                                                  Register pursuant to Section 6(b) of the                 the Order to Show Cause on Registrant                  Ct. 2008); In re International Telemedia
                                                  Act on June 18, 2012 (77 FR 36292).                      through a variety of ways. These                       Associates, Inc., 245 B.R. 713, 721–22
                                                    The last notification was filed with                   included: (1) Mailing by first class mail              (Bankr. N.D. Ga. 2000); see also Richard
                                                  the Department on October 5, 2012. A                     addressed to him at his registered                     C. Quigley, 79 FR 50945 (2014); Emilio
                                                  notice was published in the Federal                      address; (2) a Diversion Investigator (DI)             Luna, 77 FR 4829, 4830 (2012). Given
                                                  Register pursuant to section 6(b) of the                 going to his registered address, where he              the multiple attempts by the
                                                  Act on November 6, 2012 (77 FR 66635).                   was told that Registrant ‘‘had not                     Government to serve the Show Cause
                                                                                                           worked there for a very long time’’ and                Order by conventional means, including
                                                  Patricia A. Brink,                                       his current location was unknown; (3)                  by mailing it to the address where he
                                                  Director of Civil Enforcement, Antitrust                 the DI going to Registrant’s purported
                                                  Division.
                                                                                                                                                                  receives his property tax bills, I
                                                                                                           residence on Laird Drive in Bristol,                   conclude that the Government’s use of
                                                  [FR Doc. 2017–15584 Filed 7–24–17; 8:45 am]              Connecticut where no one answered the                  email satisfies its obligation with
                                                  BILLING CODE P                                           door; 3 (4) mailing the Show Cause                     respect to service of the Show Cause
                                                                                                           Order by Certified Mail, Return Receipt                Order. See, e.g., Jones v. Flowers, 547
                                                                                                           Requested, addressed to him at his                     U.S. 220, 226 (2006) (due process does
                                                  DEPARTMENT OF JUSTICE                                    registered address; (5) mailing the Show               not require actual notice but only
                                                                                                           Cause Order by Certified Mail, Return                  ‘‘‘notice reasonably calculated, under all
                                                  Drug Enforcement Administration
                                                                                                           Receipt Requested, to his purported                    the circumstances, to apprise interested
                                                  Mohammed S. Aljanaby, M.D.; Decision                     residence address; (6) mailing the Show                parties of the pendency of the action
                                                  and Order                                                Cause Order by Certified Mail, Return                  and afford them an opportunity to
                                                                                                           Receipt Requested, to a second property                present their objections.’ ’’ Id. (quoting
                                                     On February 10, 2017, the Assistant                   in Bristol, Connecticut, which is                      Mullane v. Central Hanover Bank &
                                                  Administrator, Division of Diversion                     purportedly owned by Registrant; (7)                   Trust Co., 339 U.S. 306, 314 (1950)).
                                                  Control, Drug Enforcement                                mailing the Show Cause Order by                           On May 8, 2017, the Government
                                                  Administration, issued an Order to                       Certified Mail, Return Receipt                         submitted a Request for Final Agency
                                                  Show Cause to Mohammed S. Aljanaby,                      Requested, to an address in New York                   Action. Therein, it represents that
                                                  M.D. (hereinafter, Registrant),1 of West                 State where he receives his property tax               Registrant did not request a hearing or
                                                  Hartford, Connecticut. Show Cause                        bill from the Town of Bristol; and (8)                 submit a written statement while
                                                  Order, at 1. The Show Cause Order                        email sent to an address obtained from                 waiving his right to a hearing. The
                                                  proposed the revocation of Registrant’s                  a public access database maintained by                 Government thus seeks a final order
                                                  DEA Certificate of Registration, on the                  Thomson Reuters, which also                            revoking Registrant’s registration.
                                                  ground that he does not have authority                   corresponds to the email address                          I deny the Government’s Request for
                                                  to handle controlled substances in                       Registrant provided to the Connecticut                 an Order of Revocation. As support for
                                                  Connecticut, the State in which he is                    Board. GX 3, at 1–2 (DI Declaration).                  the proposed revocation, the
                                                  registered with DEA. Id.                                 The first mailing was accomplished on                  Government submitted a copy of the
                                                     As to the Agency’s jurisdiction, the                  February 10, 2017; the other attempts at               Board’s Order revoking Registrant’s state
                                                  Show Cause Order alleged that                            service were made on February 22–23,                   license, which states that it was actually
                                                  Registrant possesses a practitioner’s                    2017. Id.; see also GX 4 (Declaration of               issued on the ‘‘15th day of November,
                                                  registration for schedules II through V,                 Chief Counsel Analyst).                                2016.’’ GX 3, Appendix C, at 9.
                                                  and that his registered address is 74                      With the exception of the mailing to
                                                                                                                                                                  However, as noted above, the Show
                                                  Park Road, West Hartford, Connecticut.                   his registered address (where he no
                                                                                                                                                                  Cause Order alleges that the Board
                                                  Id. The Order further alleged that                       longer worked), each of the other
                                                                                                                                                                  revoked his state license ‘‘[o]n
                                                  Registrant’s registration ‘‘expires by its               mailings was returned to the
                                                                                                                                                                  November 15, 2017.’’ See GX 2, at 1. I
                                                  own terms on June 30, 2017.’’ Id.                        Government and marked as
                                                                                                                                                                  need not decide, however, whether this
                                                     As to the substantive ground for the                  undelivered. GX 3, at 2. The
                                                                                                                                                                  typographical error renders the Show
                                                  proposed action, the Show Cause Order                    Government represents, however, that
                                                                                                                                                                  Cause Order defective as this case is
                                                  alleged that ‘‘[o]n November 15, 2017,                   the attempt to email the Show Cause
                                                                                                                                                                  now moot.4
                                                  the State of Connecticut Medical                         Order did not generate an error or
                                                                                                                                                                     As noted above, the Show Cause
                                                  Examining Board revoked [his] license                    undeliverable message.
                                                                                                             Of note, several courts have held that               Order alleges that Registrant’s
                                                  to practice medicine due to [his] (1)
                                                                                                           the emailing of process can, depending                 registration was due to expire on June
                                                  inappropriate physical and/or sexual
                                                                                                           on the facts and circumstances, satisfy                30, 2017. Id. According to the
                                                  conduct with one or more female
                                                                                                           due process, especially where service by               registration records of the Agency of
                                                  patients; and (2) false statements on
                                                  [his] Connecticut medical license                        conventional means is impracticable                      4 Had Registrant requested a hearing, the
                                                  renewal application.’’ Id. (emphasis                     because a person secretes himself. See                 Government could have corrected its error as to the
                                                  added). The Show Cause Order also                                                                               date of the Board’s Order by motion. And by
                                                  alleged that the Board’s ‘‘order remains                 and the consequence of failing to elect either         offering the Board’s Order to support a motion for
                                                                                                           option. Show Cause Order, at 2. The Order also         summary disposition, the Government would have
                                                  in effect.’’ Id.2 The Order further
mstockstill on DSK30JT082PROD with NOTICES




                                                                                                           notified Registrant of his right to submit a           refuted any claim of prejudice. Cf. United States v.
                                                                                                           Corrective Action Plan. Id. at 2–3 (citing 21 U.S.C.   Cina, 699 F.2d 853, 857 (7th Cir. 1983) (holding in
                                                    1 Notwithstanding that Dr. Aljanaby is now an ex-      824(c)(2)(C)).                                         criminal prosecution that trial court’s amendment
                                                  registrant, he is referred to as Registrant throughout      3 According to the Connecticut Medical              of the alleged commencement date of conspiracy
                                                  this Decision.                                           Examining Board’s Order, when the Board                charge by two years did not ‘‘affect[] a ‘material
                                                    2 The Show Cause Order also notified Registrant        attempted to served Registrant at this address its     element’ of the . . . charge, causing prejudice to the
                                                  of his right to request a hearing or to submit a         mailing was returned and marked: ‘‘Return to           defendant’’). Furthermore, as long as the Board’s
                                                  written statement while waiving his right to a           sender, No Such Street, Unable to Forward.’’ GX 3,     Order was still in effect, the date of its Order would
                                                  hearing, the procedure for electing either option,       Appendix C, at 3.                                      not be material.



                                             VerDate Sep<11>2014   19:30 Jul 24, 2017   Jkt 241001   PO 00000   Frm 00081   Fmt 4703   Sfmt 4703   E:\FR\FM\25JYN1.SGM   25JYN1



Document Created: 2018-10-24 11:20:51
Document Modified: 2018-10-24 11:20:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation82 FR 34551 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR