Federal Register / Vol. 72, No. 53 / Tuesday, March 20, 2007 / Notices 13125 

granting complainant’s consent motion 

to amend the complaint and notice of 

investigation. 

FOR FURTHER INFORMATION CONTACT: 

Michelle Walters, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street, SW., 

Washington, DC 20436, telephone (202) 

708–5468. Copies of non-confidential 

documents filed in connection with this 

investigation are or will be available for 

inspection during official business 

hours (8:45 a.m. to 5:15 p.m.) in the 

Office of the Secretary, U.S. 

International Trade Commission, 500 E 

Street, SW., Washington, DC 20436, 

telephone (202) 205–2000. General 

information concerning the Commission 

may also be obtained by accessing its 

Internet server at http://www.usitc.gov. 

The public record for this investigation 

may be viewed on the Commission’s 

electronic docket (EDIS) at http:// 

edis.usitc.gov. Hearing-impaired 

persons are advised that information on 

this matter can be obtained by 

contacting the Commission’s TDD 

terminal on (202) 205–1810. 

SUPPLEMENTARY INFORMATION: This 

investigation was instituted on 

December 7, 2006, based on a complaint 

filed by ATEN International Co., Ltd. of 

Taipei, Taiwan, and ATEN Technology, 

Inc. of Irvine, California (collectively, 

‘‘ATEN’’). 71 FR 70983. The complaint 

alleges violations of section 337 of the 

Tariff Act of 1930 (19 U.S.C. 1337) in 

the importation into the United States, 

the sale for importation, and the sale 

within the United States after 

importation of certain switches and 

products containing the same by reason 

of infringement of various claims of 

United States Patent No. 7,035,112. The 

complaint named six respondents: 

Belkin Corp. of Compton, California; 

Belkin Logistics, Inc. of Compton, 

California; Emine Technology Co., Ltd. 

of Taipei, Taiwan; JustCom Tech, Inc. of 

San Jose, California; RATOC Systems, 

Inc. of Osaka, Japan; and RATOC 

Systems International, Inc. of Santa 

Clara, California. 

On February 9, 2007, ATEN moved to 

amend the complaint and notice of 

investigation in order to reflect 

corporate name changes of two 

respondents. Specifically, ATEN sought 

to change Belkin Corp. and Belkin 

Logistics, Inc. to Belkin International, 

Inc. and Belkin, Inc., respectively. 

Respondents consented to ATEN’s 

motion. 

On February 20, 2007, the ALJ issued 

an ID (Order No. 4) granting ATEN’s 

motion to amend the complaint and 

notice of investigation. No petitions for 

review were filed. 

Having examined the record of this 

investigation, the Commission has 

determined not to review the ALJ’s ID. 

The authority for the Commission’s 

determination is contained in section 

337 of the Tariff Act of 1930, as 

amended (19 U.S.C. 1337), and in 

section 210.42 of the Commission’s 

Rules of Practice and Procedure (19 CFR 

210.42). 

By order of the Commission. 

Issued: March 15, 2007. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E7–5044 Filed 3–19–07; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

[AAG/A Order No. 008–2007] 

Privacy Act of 1974; Removal of a 

System of Records Notice 

Pursuant to the provisions of the 

Privacy Act of 1974 (5 U.S.C. 552a), the 

Department of Justice (DOJ), United 

States Marshals Service (USMS) is 

removing the published notice of a 

Privacy Act system of records: ‘‘Justice/ 

USM–003, United States Marshals 

Service Prisoner Transportation 

System,’’ last published in the Federal 

Register on September 6, 1991, at 56 FR 

44101. 

The notice of USM–003 is obsolete, as 

the records for USM–003 were 

incorporated into ‘‘Justice/USM–005, 

U.S. Marshals Service Prisoner 

Processing and Population 

Management/Prisoner Tracking System 

(PPM/PTS)’’ when USM–005 was first 

published as a new Privacy Act system 

of records on February 3, 1992, at 57 FR 

4059. USM–005 has been subsequently 

updated. 

Therefore, the notice of ‘‘Justice/ 

USM–003, United States Marshals 

Service Prisoner Transportation 

System’’ is removed from the 

Department’s listing of Privacy Act 

systems of records notices, effective on 

the date of publication of this notice in 

the Federal Register. 

Dated: March 8, 2007. 

Lee J. Lofthus, 

Assistant Attorney General for 

Administration. 

[FR Doc. E7–4960 Filed 3–19–07; 8:45 am] 

BILLING CODE 4410–04–P 

DEPARTMENT OF JUSTICE 

Antitrust Division 

Notice Pursuant to the National 

Cooperative Research and Production 

Act of 1993—Network Centric 

Operations Industry Consortium, Inc. 

Notice is hereby given that, on 

February 16, 2007, pursuant to Section 

6(a) of the National Cooperative 

Research and Production Act of 1993, 

15 U.S.C. 4301 et seq. (‘‘the Act’’), 

Network Centric Operations Industry 

Consortium, Inc. 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, Tubitak Uekae, Gebze, 

Turkey; Conference ConCepts, Inc., San 

Diego, CA; S.C. Siveco Romania S.A., 

Bucharest, Romania; Barco, Kuurne, 

Belgium; Terrestar Networks, Inc., 

Reston, VA; Twisted Pair Solutions, 

Inc., Seattle, WA; Object Management 

Group, Needham, MA; and Iona 

Technologies, Waltham, MA have been 

added as parties to this venture. 

Also, Ericsson Inc., Plano, TX; 

Honeywell Defense and Space 

Electronic Systems, Columbia, MD; 

Smiths Aerospace, London, United 

Kingdom; Engenio Information 

Technologies, Inc., Milpitas, CA; and 

Systematic Software Engineering A/S, 

Aarhus, Denmark 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 Network 

Centric Operations Industry 

Consortium, Inc. intends to file 

additional written notifications 

disclosing all changes in membership. 

On November 19, 2004, Network 

Centric Operations Industry 

Consortium, Inc. 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 February 2, 2005 (70 FR 5486). 

The last notification was filed with 

the Department on December 5, 2006. A 

notice was published in the Federal 

Register pursuant to Section 6(b) of the 


pwalker on PROD1PC71 with NOTICES
13126 Federal Register / Vol. 72, No. 53 / Tuesday, March 20, 2007 / Notices 

Act on December 29, 2006 (71 FR 

78468). 

Patricia A. Brink, 

Deputy Director of Operations, Antitrust 

Division. 

[FR Doc. 07–1322 Filed 3–19–07; 8:45 am] 

BILLING CODE 4410–11–M 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

[Prohibited Transaction Exemption 2007–

04; Exemption Application Nos. D–11345, 

and D–11370] 

Grant of Individual Exemptions 

Involving; D–11342, Mellon Financial 

Corporation (Mellon); and D–11370, 

Amendment to Prohibited Exemption 

(PTE) 2000–58 and (PTE) 2002–41 

Involving Bear Stearns & Co. Inc., 

Prudential Securities Incorporated, et 

al. to add Dominion Bond Rating 

Service Limited and Dominion Bond 

Rating Service, Inc. 

AGENCY: Employee Benefits Security 

Administration, Labor. 

ACTION: Grant of Individual Exemptions. 

SUMMARY: This document contains 

exemptions issued by the Department of 

Labor (the Department) from certain of 

the prohibited transaction restrictions of 

the Employee Retirement Income 

Security Act of 1974 (ERISA or the Act) 

and/or the Internal Revenue Code of 

1986 (the Code). 

A notice was published in the Federal 

Register of the pendency before the 

Department of a proposal to grant such 

exemption. The notice set forth a 

summary of facts and representations 

contained in the application for 

exemption and referred interested 

persons to the application for a 

complete statement of the facts and 

representations. The application has 

been available for public inspection at 

the Department in Washington, DC. The 

notice also invited interested persons to 

submit comments on the requested 

exemption to the Department. In 

addition the notice stated that any 

interested person might submit a 

written request that a public hearing be 

held (where appropriate). The applicant 

has represented that it has complied 

with the requirements of the notification 

to interested persons. No requests for a 

hearing were received by the 

Department. Public comments were 

received by the Department as described 

in the granted exemption. 

The notice of proposed exemption 

was issued and the exemption is being 

granted solely by the Department 

because, effective December 31, 1978, 

section 102 of Reorganization Plan No. 

4 of 1978, 5 U.S.C. App. 1 (1996), 

transferred the authority of the Secretary 

of the Treasury to issue exemptions of 

the type proposed to the Secretary of 

Labor. 

Statutory Findings 

In accordance with section 408(a) of 

the Act and/or section 4975(c)(2) of the 

Code and the procedures set forth in 29 

CFR part 2570, subpart B (55 FR 32836, 

32847, August 10, 1990) and based upon 

the entire record, the Department makes 

the following findings: 

(a) The exemption is administratively 

feasible; 

(b) The exemption is in the interests 

of the plan and its participants and 

beneficiaries; and 

(c) The exemption is protective of the 

rights of the participants and 

beneficiaries of the plan. 

Mellon Financial Corporation (Mellon), 

Located in Pittsburgh, PA 

[Prohibited Transaction Exemption 2007–04; 

Exemption Application No. D–11342] 

Exemption 

Section I—Exemption for In-Kind 

Redemption of Assets 

The restrictions in sections 

406(a)(1)(A) through (D) and 406(b)(1) 

and (b)(2) of the Act, and the sanctions 

resulting from the application of section 

4975 of the Code, by reason of section 

4975(c)(1)(A) through (E) of the Code, 

shall not apply, effective November 30, 

2005, to certain in-kind redemptions 

(the Redemption(s)) by the Mellon 

401(k) Retirement Savings Plan or by 

any other employee benefit plan 

sponsored by Mellon or an affiliate (the 

Plan(s)), of shares (the Shares) of certain 

proprietary mutual funds in which the 

Plans were invested as of November 30, 

2005 (the Funds), for which Mellon or 

an affiliate (collectively, referred to also 

as Mellon) provides investment 

advisory and other services, provided 

that the following conditions are 

satisfied: 

(A) The Plan pays no sales 

commissions, redemption fees, or other 

similar fees in connection with the 

Redemption—other than customary 

transfer charges paid to parties other 

than Mellon; 

(B) The assets transferred to the Plan 

pursuant to the Redemption consist 

entirely of cash and Transferable 

Securities, as such term is defined in 

Section II, below. Notwithstanding the 

foregoing, Transferable Securities that 

are odd lot securities, fractional shares, 

and accruals on such securities may be 

distributed in cash; 

(C) With certain exceptions described 

below, the Plan receives in any 

Redemption its pro rata portion of the 

securities of the Funds equal in value to 

that of the number of Shares redeemed, 

as determined in a single valuation 

(using sources independent of Mellon) 

performed in the same manner and as of 

the close of business on the same day, 

in accordance with the procedures 

established by the Fund pursuant to 

Rule 2a–4 under the Investment 

Company Act of 1940, as amended from 

time to time (the 1940 Act), and the 

then-existing procedures established by 

the board of the Funds that are in 

compliance with the rules administered 

by the Securities Exchange Commission 

(SEC); 

(D) Mellon does not receive any direct 

or indirect compensation or any fees, 

including any fees payable pursuant to 

Rule 12b–1 under the 1940 Act, in 

connection with any Redemption of the 

Shares; 

(E) Prior to a Redemption, Mellon 

provides in writing to an independent 

fiduciary (Independent Fiduciary, as 

such term is defined in Section II, 

below), a full and detailed written 

disclosure of information regarding the 

Redemption; 

(F) The Independent Fiduciary 

provides written authorization in 

advance of the Redemption to Mellon, 

such authorization being terminable at 

any time prior to the date of the 

Redemption without penalty to the 

Plan, provided that the termination is 

effectuated by the close of business 

following the date of receipt by Mellon 

of written or electronic notice regarding 

such termination (unless circumstances 

beyond the control of Mellon delay 

termination for no more than one 

additional business day); 

(G) Before approving a Redemption, 

based on the disclosures provided by 

the Funds to the Independent Fiduciary 

and discussions with appropriate 

operational personnel of the Plan, the 

Independent Fiduciary determines that 

the terms of the Redemption are fair to 

the Plan and comparable to, and no less 

favorable than, terms obtainable at arm’s 

length between unaffiliated parties, and 

that the Redemption is in the best 

interests of the Plan and its participants 

and beneficiaries; 

(H) Mellon makes a ‘‘make-whole 

payment’’ to ensure that the dollar value 

of the interests received by the Plan 

from the collective investment funds is 

not diminished by transaction costs nor 

by valuation differences as a result of 

the Redemption; 


pwalker on PROD1PC71 with NOTICES