Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices 8239

The proposed consent order contains Commission approval, would permit, 1. Proposed respondent The Penn provisions designed to remedy the among other things, the Penn Traffic Traffic Company is a corporation violations charged and to prevent the Company to acquire a number of Acme organized, existing, and doing business respondent from engaging in similar supermarkets from American Stores under and by virtue of the laws of the acts and practices in the future. Company, but would require it to divest, State of Delaware, with its office and Part I of the proposed order prohibits to a Commission approved acquirer or principal place of business located at respondent from falsely representing acquirers within twelve months, one 1200 State Fair Boulevard, Syracuse, that any computer peripheral supermarket in each of the three New York 13221–4737. equipment, as defined in the order, has Pennsylvania areas designated 2. Proposed respondent admits all the been rated, endorsed, recommended, (Towanda, Mount Carmel, and Pittston). jurisdictional facts set forth in the draft reviewed or evaluated by any person or If the divestitures were not completed of complaint. publication. on time, the consent agreement would 3. Proposed respondent waives: As fencing-in relief, Part II of the permit the Commission to appoint a a. any further procedural steps; proposed order prohibits respondent, trustee to complete the transactions. In b. the requirement that the when advertising computer peripheral addition, the consent agreement would Commission’s decision contain a equipment, from misrepresenting the require the respondent, for ten years, to statement of findings of fact and existence, contents, validity, results, obtain Commission approval before conclusions of law; c. all rights to seek judicial review or conclusions, interpretations or purpose acquiring any interest in any entity that otherwise to challenge or contest the of any test or study. Part III provides owns or operates a supermarket in any validity of the order entered pursuant to that, if respondent makes any of the three areas designated. this agreement; and representation about the performance or DATES: Comments must be received on d. any claim under the Equal Access attributes of any computer peripheral or before April 14, 1995. to Justice Act. equipment, the representation must be ADDRESSES: Comments should be 4. This agreement shall not become true and respondent must possess directed to: FTC/Office of the Secretary, part of the public record of the competent and reliable evidence, which Room 159, 6th Street and Pennsylvania proceeding unless and until it is when appropriate must be competent Avenue NW., Washington, D.C. 20580. accepted by the Commission. If this and reliable scientific evidence, to FOR FURTHER INFORMATION CONTACT: agreement is accepted by the substantiate the representation. Ronald Rowe or Marimichael Skubel, Commission it, together with the draft of The proposed order also requires FTC/S–2105, Washington, D.C. 20580. complaint contemplated thereby, will be respondent to maintain materials relied (202) 326–2610 or 326–2611. placed on the public record for a period upon to substantiate claims covered by SUPPLEMENTARY INFORMATION: Pursuant of sixty (60) days and information in the order; to provide a copy of the to Section 6(f) of the Federal Trade respect thereto publicly released. The consent agreement to its employees Commission Act, 38 Stat. 721, 15 U.S.C. Commission thereafter may either involved in the preparation and 45 and Section 2.34 of the Commission’s withdraw its acceptance of this placement of respondent’s Rules of Practice (16 CFR 2.34), notice agreement and so notify the proposed advertisements, or in communication is hereby given that the following respondent, in which event it will take with respondent’s customers or consent agreement containing a consent such action as it may consider prospective customers; to notify the order to cease and desist, having been appropriate, or issue and serve its Commission of any change in the filed with and accepted, subject to final complaint (in such form as the corporate structure that might affect approval, by the Commission, has been circumstances may require) and compliance with the order; and to file placed on the public record for a period decision, in disposition of the one or more reports detailing of sixty (60) days. Public comment is proceeding. compliance with the order. invited. Such comments or views will 5. This agreement is for settlement The purpose of this analysis is to be considered by the Commission and purposes only and does not constitute facilitate public comment on the will be available for inspection and an admission by proposed respondent proposed order. It is not intended to copying at its principal office in that the law has been violated as alleged constitute an official interpretation of accordance with Section 4.9(b)(6)(ii) of in the draft of the complaint, or that the the agreement and proposed order or to the Commission’s Rules of Practice (16 facts as alleged in the draft complaint, modify in any way their terms. CFR 4.9(b)(6)(ii)). other than jurisdictional facts, are true. Donald S. Clark, 6. This agreement contemplates that, Secretary. Agreement Containing Consent Order if it is accepted by the Commission, and [FR Doc. 95–3542 Filed 2–10–95; 8:45 am] The Federal Trade Commission if such acceptance is not subsequently BILLING CODE 6750±01±M (‘‘Commission’’) having initiated an withdrawn by the Commission pursuant investigation of The Penn Traffic to the provisions of Section 2.34 of the Company’s (‘‘Penn Traffic’’) proposed Commission’s Rules, the Commission [File No. 951 0009] acquisition of certain assets of American may, without further notice to the The Penn Traffic Company; Proposed Stores Company (American), and it now proposed respondent, (1) issue its Consent Agreement With Analysis To appearing that Penn Traffic hereinafter complaint corresponding in form and Aid Public Comment sometimes referred to as ‘‘proposed substance with the draft of complaint respondent,’’ is willing to enter into an and its decision containing the AGENCY: Federal Trade Commission. agreement containing an order to divest following order to divest and to cease ACTION: Proposed consent agreement. certain assets and to cease and desist and desist in disposition of the from certain acts, and providing for proceeding, and (2) make information SUMMARY: In settlement of alleged other relief, public with respect thereto. When so violations of federal law prohibiting It is hereby agreed by and among entered, the order shall have the same unfair acts and practices and unfair proposed respondent, by its duly force and effect and may be altered, methods of competition, this consent authorized officers and attorneys, and modified, or set aside in the same time agreement, accepted subject to final counsel for the Commission that: provided by statute for other orders. The 8240 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices order shall become final upon service. A. Respondent shall divest, absolutely trustee nor a decision not to appoint a Delivery by the United States Postal and in good faith, within twelve months trustee under this Paragraph shall Service of the complaint and decision from the date this order becomes final: preclude the Commission or the containing the agreed-to order to 1. The ‘‘Acme’’ supermarket located at Attorney General from seeking civil proposed respondent’s address as stated River and Park Streets, Borough of penalties or any other relief available to in this Agreement shall constitute Towanda, Pennsylvania; it, including a court-appointed trustee, service. Proposed respondent waives 2. The ‘‘Acme’’ supermarket located pursuant to § 5(l) of the Federal Trade any right it may have to any other on Kennedy Boulevard in Pittston, Commission Act, or any other statute manner of service. The complaint may Pennsylvania; and enforced by the Commission, for any be used in construing the terms of the 3. An ‘‘Acme’’ or a Penn Traffic failure by the respondent to comply order, and no agreement, understanding, supermarket located in the Township of with this order. representation, or interpretation not Mount Carmel, Pennsylvania. B. If a trustee is appointed by the contained in the order or the Agreement The assets to be divested shall include Commission or a court pursuant to may be used to vary or contradict the the grocery business operated, and all Paragraph III. A. of this order, terms of the order. assets, leases, properties, business and respondent shall consent to the goodwill, tangible and intangible, 7. Proposed respondent has read the following terms and conditions utilized in the distribution or sale of proposed complaint and order regarding the trustee’s powers, duties, groceries at the locations that are contemplated hereby. Proposed authority, and responsibilities: divested. 1. The Commission shall select the respondent understands that once the B. Respondent shall divest the assets trustee, subject to the consent of order has been issued, it will be to be divested only to an acquirer or respondent, which consent shall not be required to file verified written reports acquirers that receive the prior approval unreasonably withheld. The trustee showing that it has fully complied with of the Commission and only in a shall be a person with experience and the order. Proposed respondent further manner that receives the prior approval expertise in acquisitions and understands that it may be liable for of the Commission. The purpose of the divestitures. If respondent has not civil penalties in the amount provided divestiture is to ensure the continuation opposed, in writing, including the by law for each violation of the order of the assets to be divested as ongoing, reasons for opposing, the selection of after it becomes final. viable enterprises engaged in the any proposed trustee within ten (10) Order supermarket business and to remedy the days after written notice by the staff of lessening of competition resulting from the Commission to respondent of the I the acquisition as alleged in the identity of any proposed trustee, It is ordered that, as used in this Commission’s complaint. respondent shall be deemed to have order, the following definitions shall C. Pending divestiture of such assets consented to the selection of the apply: to be divested, respondent shall take proposed trustee. A. ‘‘Respondent’’ or ‘‘Penn Traffic’’ such actions as are necessary to 2. Subject to the prior approval of the means The Penn Traffic Company, its maintain the viability and marketability Commission, the trustee shall have the predecessors, subsidiaries, divisions, of such assets to be divested and to exclusive power and authority to divest and groups and affiliates controlled by prevent the destruction, removal, any of the remaining assets to be The Penn Traffic Company, their wasting, deterioration, or impairment of divested. successors and assigns, and their such assets to be divested except in the 3. Within ten (10) days after directors, officers, employees, agents, ordinary course of business and except appointment of the trustee, respondent and representatives. for ordinary wear and tear. shall execute a trust agreement that, D. Respondent shall comply with all subject to the prior approval of the B. ‘‘Assets to be divested’’ means the the terms of the Asset Maintenance Commission and, in the case of a court- assets described in Paragraph II. A. of Agreement attached to this Order and appointed trustee, of the court, transfers this order. made a part hereof as Appendix I. The to the trustee all right and powers C. ‘‘Commission’’ means the Federal Asset Maintenance Agreement shall necessary to permit the trustee to effect Trade Commission. continue in effect until such time as the divestitures required by this order. D. ‘‘Supermarket’’ means a full-line respondent has divested all of the assets 4. The trustee shall have twelve (12) retail grocery store that carries a wide to be divested. months from the date the Commission variety of food and grocery items in or court approves the trust agreement particular product categories, including III described in Paragraph III.B.3. to bread and dairy products; refrigerated It is further ordered that: accomplish the divestitures, which shall and frozen food and beverage products; A. If respondent has not divested, be subject to the prior approval of the fresh and prepared meats and poultry; absolutely and in good faith and with Commission. If, however, at the end of produce, including fresh fruits and the Commission’s prior approval, such the twelve-month period, the trustee has vegetables; shelf-stable food and assets to be divested within twelve submitted a plan of divestiture or beverage products, including canned months from the date this order believes that divestiture can be achieved and other types of packaged products; becomes final, the Commission may within a reasonable time, the divestiture staple foodstuffs, which may include appoint a trustee to divest any of the period may be extended by the salt, sugar, flour, sauces, spices, coffee, remaining assets to be divested. In the Commission, or, in the case of a court- and tea; and other grocery products, event that the Commission or the appointed trustee, by the court; including nonfood items such as soaps, Attorney General brings an action provided, however, the Commission detergents, paper goods, other pursuant to § 5(l) of the Federal Trade may extend this 12-month period only household products, and health and Commission Act, 15 U.S.C. 45(l), or any two (2) times. beauty aids. other statute enforced by the 5. The trustee shall have full and Commission, respondent shall consent complete access to the personnel, books, II to the appointment of a trustee in such records and facilities related to any of It is further ordered that: action. Neither the appointment of a the remaining assets to be divested or to Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices 8241 any other relevant information, as the the trustee’s duties, including all of Wysox, North Towanda, and trustee may request. Respondent shall reasonable fees of counsel and other Monroeton; (b) the Mount Carmel, develop such financial or other expenses incurred in connection with Pennsylvania area, which includes the information as such trustee may the preparation for, or defense of any Borough of Mount Carmel, and the reasonably request and shall cooperate claim, whether or not resulting in any Township of Mount Carmel; and (c) the with the trustee. Respondent shall take liability, except to the extent that such Pittston, Pennsylvania area, which no action to interfere with or impede the liabilities, losses, damages, claims, or includes the city of Pittston, the trustee’s accomplishment of the expenses result from misfeasance, gross townships of Pittston and Jenkins, and divestitures. Any delays in divestiture negligence, willful or wanton acts, or the boroughs of Dupont, Avoca, caused by respondent shall extend the bad faith by the trustee. Hughestown, Duryea, Yatesville, and time for divestiture under this 9. If the trustee ceases to act or fails Laflin, Pennsylvania. Paragraph in an amount equal to the to act diligently, a substitute trustee Provided, however, that these delay, as determined by the Commission shall be appointed in the same manner prohibitions shall not apply to the or, for a court-appointed trustee, by the as provided in Paragraph III. A. of this construction of new facilities or the court. order. leasing of facilitates that have not 6. The trustee shall use his or her best 10. The Commission or, in the case of operated as supermarkets within six efforts to negotiate the most favorable a court-appointed trustee, the court, months of the date of the offer to lease. price and terms available in each may on its own initiative or at the V contract that is submitted to the request of the trustee issue such Commission, subject to respondent’s additional orders or directions as may It is further ordered that: absolute and unconditional obligation to be necessary or appropriate to A. Within sixty (60) days after the divest at no minimum price. The accomplish the divestiture required by date this order becomes final and every divestitures shall be made in the this order. sixty (60) days thereafter until manner and to the acquirer or acquirers 11. The trustee shall have no respondent has fully complied with the as set out in Paragraph II. of this order; obligation or authority to operate or provisions of Paragraphs II. or III. of this provided, however, if the trustee maintain the assets to be divested. order, respondent shall submit to the receives bona fide offers in any of the 12. The trustee shall report in writing Commission verified written reports areas specified in this order for a to respondent and the Commission setting forth in detail the manner and supermarket to be divested from more every sixty (60) days concerning the form in which it intends to comply, is than one acquiring entity, and if the trustee’s efforts to accomplish complying, and has complied with Commission determines to approve divestiture. Paragraphs II. and III. of this order. Respondent shall include in its more than one acquiring entity, the IV trustee shall divest to the acquiring compliance reports, among other things entity or entities selected by respondent It is furthered ordered that, for a that are required from time to time, a from among those approved by the period of ten (10) years from the date full description of the efforts being Commission. this order becomes final, respondent made to comply with Paragraph II. and 7. The trustee shall serve, without shall not, without the prior approval of III. of the order, including a description bond or other security, at the cost and the Commission, directly or indirectly, of all substantive contacts or expense of respondent, on such through subsidiaries, partnerships, or negotiations for the divestiture and the reasonable and customary terms and otherwise: identity of all parties contacted. conditions as the Commission or a court A. Acquire any stock, share capital, Respondent shall include in its may set. The trustee shall have the equity, or other interest in any compliance reports copies of all written authority to employ, at the cost and supermarket or leasehold interest in any communications to and from such expense of respondent, such supermarket, including any facility that parties, all internal memoranda, and all consultants, accountants, attorneys, has operated as a supermarket within reports and recommendations investment bankers, business brokers, six (6) months of the date of the concerning divestiture. appraisers, and other representatives proposed acquisition, located in (a) the B. One year (1) from the date this and assistants as are necessary to carry Towanda, Pennsylvania area, which order becomes final, annually for the out the trustee’s duties and includes the Borough of Towanda and next nine (9) years on the anniversary of responsibilities. The trustee shall the townships of Wysox, North the date this order becomes final, and at account for all monies derived from the Towanda, and Monroeton; (b) the other times as the Commission may sale and all expenses incurred. After Mount Carmel, Pennsylvania area, require, respondent shall file verified approval by the Commission and, in the which includes the Borough of Mount written reports with the Commission case of a court-appointed trustee, by the Carmel and the Township of Mount setting forth in detail the manner and court, of the account of the trustee, Carmel; and (c) the Pittston, form in which it has complied and is including fees for his or her services, all Pennsylvania area, which includes the complying with this order. remaining monies shall be paid at the city of Pittston, the townships of direction of the respondent, and the Pittston and Jenkins, and the boroughs VI trustee’s power shall be terminated. The of Dupont, Avoca, Hughestown, Duryea, It is further ordered that respondent trustee’s compensation shall be based at Yatesville, and Laflin, Pennsylvania. shall notify the Commission at least least in significant part on a commission B. Acquire any stock, share capital, thirty (30) days prior to any proposed arrangement contingent on the trustee’s equity, or other interest in any entity change in respondent such as divesting the assets to be divested to that owns any interest in or operates any dissolution, assignment, sale resulting satisfy Paragraph II. supermarket or owned any interest in or in the emergence of a successor 8. Respondent shall indemnify the operated any supermarket within six (6) corporation, or the creation or trustee and hold the trustee harmless months of the date of the proposed dissolution of subsidiaries or any other against any losses, claims, damages, acquisition in (a) the Towanda, change in respondent that may affect liabilities, or expenses arising out of, or Pennsylvania area, which includes the compliance obligations arising out of in connection with, the performance of Borough of Towanda and the townships the order. 8242 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices

VII may be necessary to preserve the continued Rodino Antitrust Improvements Act waiting viability and competitiveness of the Assets; period or the fact that the Commission has It is further ordered that, for the and not sought to enjoin the Acquisition. Penn purpose of determining or securing Whereas, the purpose of this Agreement Traffic also waives all rights to contest the compliance with this order, respondent and of the Consent Order is to preserve the validity of this Agreement. shall permit any duly authorized Assets pending the divestiture to the acquirer 6. For the purpose of determining or representative of the Commission: approved by the Federal Trade Commission securing compliance with this Agreement, A. Upon reasonable notice to under the terms of the Order, in order to subject to any legally recognized privilege, respondent, access, during office hours remedy any anticompetitive effects of the and upon written request with reasonable and in the presence of counsel, to Acquisition; and notice to Penn Traffic to its principal offices, inspect and copy all books, ledgers, Whereas, Penn Traffic entering into this Penn Traffic shall permit any duly Agreement shall in no way be construed as accounts, correspondence, memoranda authorized representative or representatives an admission by Penn Traffic that the of the Commission: and other records and documents in the Acquisition is illegal; and a. Access during the office hours of Penn possession or under the control of Whereas, Penn Traffic understands that no Traffic, in the presence of counsel, to inspect respondent relating to any matters act or transaction contemplated by this and copy all books, ledgers, accounts, contained in this order; and Agreement shall be deemed immune or correspondence, memoranda and other B. Upon reasonable notice to exempt from the provisions of the antitrust records and documents in the possession or respondent and without restraint or laws, or the Federal Trade Commission Act under the control of Penn Traffic relating to interference from it, to interview by reason of anything contained in this compliance with this Agreement; and respondent or officers, directors, or Agreement; Upon five (5) days’ notice to Penn Traffic employees of respondent in the Now, Therefore, in consideration of the and without restraint or interference from Commission’s agreement that, unless the presence of counsel. them, to interview officers or employees of Commission determines to reject the Consent Penn Traffic, who may have counsel present, VIII Order, it will not seek further relief from the regarding any such matters. parties with respect to the Acquisition, 7. This agreement shall not be binding It is further ordered that this order except that the Commission may exercise any until approved by the Commission. shall terminate twenty (20) years from and all rights to enforce this Agreement and the date this order becomes final. the Consent Order annexed hereto and made Analysis To Aid Public Comment on the a part thereof, and, in the event the required Provisionally Accepted Consent Order Appendix I divestiture is not accomplished, to appoint a The Federal Trade Commission (‘‘the Asset Maintenance Agreement trustee to seek divestiture of the Assets, the Parties agree as follows: Commission’’) has accepted for public This Asset Maintenance Agreement comment from The Penn Traffic (‘‘Agreement’’) is by and between The Penn Terms of Agreement Company (‘‘Penn Traffic’’) an agreement Traffic Company (‘‘Penn Traffic’’), a 1. Penn Traffic agrees to execute, and upon corporation organized under the laws of the containing consent order to divest State of Delaware, with its principal offices its issuance to be bound by, the attached certain assets. The agreement is located at 1200 State Fair Boulevard, Consent Order. The Parties further agree that designed to remedy any anticompetitive Syracuse, New York 13221–4737, and the each term defined in the attached Consent effect stemming from Penn Traffic’s Federal Trade Commission (‘‘Commission’’), Order shall have the same meaning in this acquisition of a number of Acme Agreement. an independent agency of the United States supermarkets from American Stores Government, established under the Federal 2. Unless the Commission brings an action to seek to enjoin the proposed acquisition Company. Trade Commission Act of 1914, 15 U.S.C. 41, The agreement has been placed on the et seq. (collectively ‘‘the Parties’’). pursuant to Section 13(b) of the Federal Trade Commission Act, 15 U.S.C. § 53(b), and public record for sixty days for Premises obtains a temporary restraining order or reception of comments from interested Whereas, Penn Traffic, pursuant to an preliminary injunction blocking the proposed persons. Comments received during this agreement dated September 30, 1994, agreed acquisition, Penn Traffic will be free to close period will become part of the public to purchase certain assets of American Stores the Acquisition after 11:59 p.m., January 17, record. After 60 days, the Commission Company (hereinafter ‘‘Acquisition’’); and 1995. will again review the agreement and Whereas, the Commission is now 3. Penn Traffic agrees that from the date this Agreement is accepted until the earliest comments received and will decide investigating the Acquisition to determine if whether it should withdraw from the it would violate any of the statutes enforced of the dates listed in subparagraphs 3.a–3.b by the Commission; and it will comply with the provisions of this agreement or make final the order Whereas, if the Commission accepts the Agreement: contained in the agreement. attached Agreement Containing Consent a. Three business days after the The Commission’s draft complaint Order, the Commission is required to place Commission withdraws its acceptance of the charges that on or about September 30, it on the public record for a period of sixty Consent Order pursuant to the provisions of 1994, Penn Traffic agreed to acquire (60) days for public comment and may Section 2.34 of the Commission’s Rules; or certain assets of Acme Markets, Inc., subsequently withdraw such acceptance b. On the day the divestiture set out in the wholly-owned subsidiary of American Consent Order has been completed. pursuant to the provisions of § 2.34 of the Stores Company, for $94 million. The Commission’s Rules; and 4. From the time Penn Traffic acquires the Whereas, the Commission is concerned Assets until the divestiture set out in the Commission has reason to believe that that if an agreement is not reached preserving Consent Order has been completed, Penn the acquisition, as well as the agreement the status quo ante of the assets to be Traffic shall maintain the viability, to enter into the acquisition, may have divested as described in II. A. of the attached competitiveness and marketability of the anticompetitive effects and be in Agreement Containing Consent Order Assets, and shall not cause the wasting or violation of Section 7 of the Clayton Act (‘‘Assets’’) during the period prior to their deterioration of the Assets, nor shall it sell, and Section 5 of the Federal Trade divestiture, when those Assets will be in the transfer, encumber or otherwise impair their Commission Act. hands of Penn Traffic, that any divestiture marketability or viability. According to the draft complaint, resulting from any administrative proceeding 5. Should the Commission seek in any challenging the legality of the Acquisition proceeding to compel Penn Traffic to divest Penn Traffic and Acme are direct might not be possible, or might produce a itself of the Assets or to seek any other competitors for the retail sale of food less than effective remedy; and injunctive or equitable relief, Penn Traffic and grocery items in the market areas of Whereas, the Commission is concerned shall not raise any objection based upon the (1) the Towanda, Pennsylvania area, that prior to divestiture to the acquirer, it expiration of the applicable Hart-Scott- which includes the Borough of Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Notices 8243

Towanda and the townships of Wysox, DEPARTMENT OF HEALTH AND heading of this document. Received North Towanda, and Monroeton; (2) the HUMAN SERVICES comments may be seen in the office Mount Carmel, Pennsylvania area, above between 9 a.m. and 4 p.m., which includes the Borough of Mount Food and Drug Administration Monday through Friday. FDA will also Carmel and the Township of Mount [Docket No. 95F±0016] place on public display any Carmel; and (3) the Pittston, amendments to, or comments on, the Pennsylvania area, which includes the Johnson Matthey Chemicals; Filing of petitioner’s environmental assessment city of Pittston, the townships of Food Additive Petition without further announcement in the Pittston and Jenkins, and the boroughs Federal Register. If, based on its review, AGENCY: Food and Drug Administration, the agency finds that an environmental of Dupont, Avoca, Hughestown, Duryea, HHS. Yatesville, and Laflin, Pennsylvania. impact statement is not required and ACTION: Notice. According to the draft complaint, these this petition results in a regulation, the notice of availability of the agency’s markets are highly concentrated and SUMMARY: The Food and Drug finding of no significant impact and the entry is difficult or unlikely. Penn Administration (FDA) is announcing evidence supporting that finding will be Traffic’s acquisition of Acme may that Johnson Matthey Chemicals has published with the regulation in the reduce competition in these markets by filed a petition proposing that the food Federal Register in accordance with 21 eliminating the direct competition additive regulations be amended to CFR 25.40(c). between Penn Traffic and Acme, by provide for the safe use of silver increasing the likelihood that Penn chloride coated titanium dioxide. Dated: February 3, 1995. Traffic will become a dominant firm, DATES: Written comments on the Alan M. Rulis, and by increasing the likelihood of petitioner’s environmental assessment Acting Director, Office of Premarket collusive behavior among the few by March 15, 1995. Approval, Center for Food Safety and Applied Nutrition. remaining competitors. ADDRESSES: Submit written comments [FR Doc. 95–3557 Filed 2–10–95; 8:45 am] to the Dockets Management Branch The agreement containing consent BILLING CODE 4160±01±F order attempts to remedy the (HFA–305), Food and Drug Commission’s competitive concerns Administration, rm. 1–23, 12420 about the acquisition. Under the terms Parklawn Dr., Rockville, MD 20857. [Docket No. 95F±0017] of the proposed order, Penn Traffic must FOR FURTHER INFORMATION CONTACT: Diane E. Robertson, Center for Food Robinson Brothers Ltd.; Filing of Food divest three supermarkets within Additive Petition twelve-months, to a purchaser approved Safety and Applied Nutrition (HFS– 216), Food and Drug Administration, by the Commission. The three stores to AGENCY: Food and Drug Administration, 200 C St. SW., Washington, DC 20204, be divested include the ‘‘Acme’’ HHS. 202–418–3089. supermarket located in Towanda, ACTION: Notice. Pennsylvania, the ‘‘Acme’’ supermarket SUPPLEMENTARY INFORMATION: Under the located in Pittston, Pennsylvania, and Federal Food, Drug, and Cosmetic Act SUMMARY: The Food and Drug (sec. 409(b)(5) (21 U.S.C. 348(b)(5))), either the ‘‘Acme’’ or the Penn Traffic Administration (FDA) is announcing notice is given that a food additive store located in Mount Carmel, that Robinson Brothers Ltd., has filed a petition (FAP 5B4442) has been filed by Pennsylvania. petition proposing that the food additive Johnson Matthey Chemicals, c/o 1000 regulations be amended to provide for For a period of ten years from the date Potomac St. NW., Washington, DC the safe use of diisopropyl xanthogen the order becomes final, the order also 20007. The petition proposes to amend polysulfide as a component of rubber prohibits Penn Traffic from acquiring, the food additive regulations in articles intended for repeated use in without prior Commission approval, § 176.170 Components of paper and contact with food. stock, or any other interest in any paperboard in contact with aqueous and DATES: Written comments on the supermarket, or entity that owns or fatty foods (21 CFR 176.170) to provide petitioner’s environmental assessment operates a supermarket, located in the for the safe use of silver chloride coated by March 15, 1995. areas of Towanda, Pittston, or Mount titanium dioxide. ADDRESSES: Submit written comments Carmel, Pennsylvania. This prohibition The potential environmental impact of this action is being reviewed. To to the Dockets Management Branch will not apply to the construction of (HFA–305), Food and Drug new facilities or the leasing of facilities encourage public participation consistent with regulations promulgated Administration, rm. 1–23, 12420 not operated as supermarkets within six Parklawn Dr., Rockville, MD 20857. months of the offer to lease. under the National Environmental Policy Act, (40 CFR 1501.4(b)), the FOR FURTHER INFORMATION CONTACT: The purpose of this analysis is to agency is placing the environmental Diane E. Robertson, Center for Food invite public comment concerning the assessment submitted with the petition Safety and Applied Nutrition (HFS– consent order and any other aspect of that is the subject of this notice on 216), Food and Drug Administration, this matter. This analysis is not public display at the Dockets 200 C St. SW., Washington, DC 20204, intended to constitute an official Management Branch (address above) for 202–418–3089. interpretation of the agreement and public review and comment. Interested SUPPLEMENTARY INFORMATION: Under the order or to modify its terms in any way. persons may, on or before March 15, Federal Food, Drug, and Cosmetic Act Donald S. Clark, 1995, submit to the Dockets (sec. 409(b)(5) (21 U.S.C. 348(b)(5))), Secretary. Management Branch (address above) notice is given that a food additive [FR Doc. 95–3543 Filed 2–10–95; 8:45 am] written comments. Two copies of any petition (FAP 5B4437) has been filed by comments are to be submitted, except Robinson Brothers Ltd., Phoenix St., BILLING CODE 6750±01±M that individuals may submit one copy. West Bromwich, West Midland, B70 Comments are to be identified with the OAH, England. The petition proposes to docket number found in brackets in the amend the food additive regulations in