PWALKER on PROD1PC71 with NOTICES

Federal Register / Vol. 73, No. 140 / Monday, July 21, 2008 / Notices 42351 

competitors because only they 

manufacture waterjet cutting systems 

with the most advanced and efficient 

controllers. 

The relevant geographic market 

within which to analyze the likely 

effects of the proposed transaction is the 

United States. The draft complaint 

further alleges that new entry would not 

prevent or counteract the 

anticompetitive effects of this 

acquisition. New entrants and existing 

competitors are deterred by the risk of 

violating the OMAX patents from 

developing and producing competitive 

waterjet cutting systems. Developing an 

efficient controller that clearly worksaround the potential reach of OMAX’s 

patents would likely be an expensive 

and time-consuming process, with no 

guarantee of success. 

The draft complaint also alleges that 

Flow’s acquisition of OMAX, if 

consummated, may substantially lessen 

competition in the market for the 

development, manufacture, marketing, 

and sale of waterjet cutting systems in 

the United States in violation of Section 

7 of the Clayton Act, as amended, 15 

U.S.C. § 18, and Section 5 of the Federal 

Trade Commission Act, as amended, 15 

U.S.C. § 45, by eliminating direct 

competition between Flow and OMAX 

and increasing the likelihood that Flow 

will unilaterally exercise market power. 

IV. The Terms of the Consent 

Agreement 

The proposed Consent Agreement 

will remedy the Commission’s 

competitive concerns about the 

proposed acquisition. Under the terms 

of the proposed consent order, Flow 

must grant a royalty-free license to each 

competitor who seeks to license the two 

broad OMAX patents relating to 

controllers that Flow will acquire with 

its acquisition of OMAX. 

Currently Flow and OMAX are each 

other’s closest competitor because they 

each offer an efficient PC-based 

controller that compensates for the 

unique characteristics of how a waterjet 

cuts. OMAX’s two patents make the 

development of such a controller 

substantially more expensive and risky. 

Requiring Flow to grant a royalty-free 

license to these patents will ensure that 

other firms are able to replace the 

competition that would otherwise have 

been eliminated by the proposed 

acquisition. 

While Flow has two patents relating 

to controllers, its patents are 

significantly narrower in scope than the 

OMAX patents and, as a result, do not 

prevent current or future competitors 

from offering a viable waterjet cutting 

system. Current and future competitors 

will not need licenses to these narrow 

patents in order to compete effectively 

in this market. Other aspects of Flow’s 

and OMAX’s business, such as customer 

lists, brand names, key employees, or 

the other parts of waterjet cutting 

systems, are easily duplicated by 

current competitors or future entrants. 

Consequently, to restore the competition 

lost by Flow’s acquisition of OMAX, the 

proposed consent order eliminates the 

entry barrier faced by current waterjet 

cutting system competitors and future 

entrants by giving them a royalty-free 

license to the OMAX patents. 

V. Opportunity for Public Comment 

The proposed consent order has been 

placed on the public record for 30 days 

for receipt of comments by interested 

persons. Comments received during this 

period will become part of the public 

record. After 30 days, the Commission 

will again review the proposed consent 

order and the comments received and 

will decide whether it should withdraw 

from the agreement or make the 

proposed consent order final. 

By accepting the proposed consent 

order subject to final approval, the 

Commission anticipates that the 

competitive problems alleged in the 

complaint will be resolved. The purpose 

of this analysis is to invite public 

comment on the proposed consent 

order, in order to aid the Commission in 

its determination of whether to make 

the proposed consent order final. This 

analysis is not intended to constitute an 

official interpretation of the proposed 

consent order nor is it intended to 

modify the terms of the proposed 

consent order in any way. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. E8–16506 Filed 7–18–08: 8:45 am] 

BILLING CODE 6750–01–S 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

National Institute for Occupational 

Safety and Health; Decision To 

Evaluate a Petition To Designate a 

Class of Employees at the Brookhaven 

National Laboratory, Upton, NY, to be 

Included in the Special Exposure 

Cohort 

AGENCY: National Institute for 

Occupational Safety and Health 

(NIOSH), Department of Health and 

Human Services (HHS). 

ACTION: Notice. 

SUMMARY: The Department of Health and 


Human Services (HHS) gives notice as 


required by 42 CFR 83.12(e) of a 

decision to evaluate a petition to 

designate a class of employees at the 

Brookhaven National Laboratory, Upton, 

New York, to be included in the Special 

Exposure Cohort under the Energy 

Employees Occupational Illness 

Compensation Program Act of 2000. The 

initial proposed definition for the class 

being evaluated, subject to revision as 

warranted by the evaluation, is as 

follows: 

Facility: Brookhaven National 

Laboratory. 

Location: Upton, New York. 

Job Titles and/or Job Duties: All 

workers. 

Period of Employment: January 1, 

1947 through December 31, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Larry Elliott, Director, Office of 

Compensation Analysis and Support, 

National Institute for Occupational 

Safety and Health (NIOSH), 4676 

Columbia Parkway, MS C–46, 

Cincinnati, OH 45226, Telephone 1– 

800–CDC–INFO (1–800–232–4636) or 

directly at 1–513–533–6800 (this is not 

a toll-free number). Information requests 

can also be submitted by e-mail to 

OCAS@CDC.GOV. 

Dated: June 30, 2008. 

John Howard, 

Director, National Institute for Occupational 

Safety and Health. 

[FR Doc. E8–16606 Filed 7–18–08; 8:45 am] 

BILLING CODE 4163–19–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

National Institute for Occupational 

Safety and Health; Final Effect of 

Designation of a Class of Employees 

for Addition to the Special Exposure 

Cohort 

AGENCY: National Institute for 

Occupational Safety and Health 

(NIOSH), Department of Health and 

Human Services (HHS). 

ACTION: Notice. 

SUMMARY: The Department of Health and 

Human Services (HHS) gives notice 

concerning the final effect of the HHS 

decision to designate a class of 

employees at the Kellex/Pierpont 

facility in Jersey City, New Jersey, as an 

addition to the Special Exposure Cohort 

(SEC) under the Energy Employees 

Occupational Illness Compensation 

Program Act of 2000. On May 30, 2008, 

as provided for under 42 U.S.C. 

7384q(b), the Secretary of HHS 

designated the following class of 

employees as an addition to the SEC: