Federal Register / Vol. 60, No. 163 / Wednesday, August 23, 1995 / Notices 43801 will presume, in the context of petitions I previously have expressed my (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets to reopen and modify existing orders, concern that the adoption of a or applies sec. 2, 49 Stat. 1526; 15 U.S.C. 13) that the public interest requires setting presumption instead of an across-the- Commissioners: Robert Pitofsky, Chairman, aside orders in effect for more than board rule in favor of sunset ‘‘will Mary L. Azcuenaga, Janet D. Steiger, Roscoe B. Starek III, Christine A. Varney twenty years.’’ 2 The Commission’s impose costs by requiring respondents consent order in Docket No. 7611 was to file individual petitions and the Order Reopening Proceeding and issued on July 6, 1960, and has been in Commission to assess in the context of Setting Aside Order effect for more than twenty years. each such petition whether the On February 16, 1995, DC Comics and Consistent with the Commission’s presumption has been overcome for that Warner Publisher Services, Inc. Sunset Policy Statement, the 4 order.’’ Now the Commission would (‘‘WPS’’), as respondents and successors presumption is that the order should be further increase the burden on both to National Comics Publications, Inc. terminated. Nothing to overcome the public and private resources by and Independent News Company, Inc.,1 presumption having been presented, the applying the presumption in favor of filed a Petition to Reopen and Set Aside Commission has determined to reopen sunset not only on a case-by-case basis Consent Order (‘‘Petition’’), in this the proceeding and set aside the order but on a respondent-by-respondent matter. DC and WPS request that the in Docket No. 7611 as to WPS. basis. Accordingly, it is ordered that this Commission set aside the 1960 consent The petition filed by Warner invoked order in this matter pursuant to section matter be, and it hereby is, reopened; the twenty-year presumption that the It is further ordered that the 5(b) of the Federal Trade Commission order should be set aside. No evidence Act, 14 U.S.C. 45(b), Rule 2.51 of the Commission’s order in Docket No. 7611 of recidivist conduct by any respondent, be, and it hereby is, set aside as to Commission’s Rules of Practice, 16 CFR including The New American Library of 2.51, and the Statement of Policy With respondent Warner Publisher Services, World Literature, Inc., having been Inc., as of the effective date of this order. Respect to Duration of Competition presented to overcome the Orders and Statement of Intention to By the Commission. 5 presumption, the order should be set Solicit Public Comment With Respect to Benjamin I. Berman, aside in its entirety. Duration of Consumer Protection Acting Secretary. [FR Doc. 95–20904 Filed 8–22–95; 8:45 am] Orders, issued on July 22, 1994, and Concurring Statement of Commissioner BILLING CODE 6750±01±M published at 59 FR 45,286–92 (Sept. 1, Mary L. Azcuenaga in Independent 1994) (‘‘Sunset Policy Statement’’). In its News Company, Inc., Docket No. 7611 Petition, DC and WPS affirmatively state that neither has engaged in any conduct I concur in the decision to grant the [Dkt. 7614] violating the terms of the order. The request of Warner Publisher Services, National Comics Publications, Inc., et Petition was placed on the public Inc., the successor of Independent News al.; Prohibited Trade Practices and record, and the thirty-day comment Company, Inc., to set aside the 1960 Affirmative Corrective Actions period expired on March 27, 1995. No order in this case. I dissent from the comments were received. decision to limit the setting aside of the AGENCY: Federal Trade Commission. The Commission in its Sunset Policy order to Warner, instead of setting aside ACTION: Set aside order. Statement said, in relevant part, that the order in its entirety. The decision to limit relief to Warner, ‘‘effective immediately, the Commission SUMMARY: This order reopens a 1960 will presume, in the context of petitions one of the two respondents under the consent order—which required the order, appears to be inconsistent with to reopen and modify existing orders, companies to offer promotional that the public interest requires setting the Commission’s announced policy to allowances for their publications on presume ‘‘that the public interest aside orders in effect for more than proportionally equal terms to all twenty years.’’ 2 The Commission’s requires reopening and setting aside the customers—and sets aside the consent order in its entirety’’ (emphasis added) consent order in Docket No. 7614 was order pursuant to the Commission’s issued on July 6, 1960, and has been in ‘‘when a petition to reopen and modify Sunset Policy Statement, under which a competition order is filed’’ and the effect for more than twenty years. the Commission presumes that the Consistent with the Commission’s order is more than twenty years old.1 public interest requires terminating The Commission’s recognition of the Sunset Policy Statement, the competition orders that are more than presumption is that the order should be limitations of the findings underlying an 20 years old. order 2 further suggests that the terminated. Nothing to overcome the DATES: presumption that an order will be Consent order issued July 6, presumption having been presented, the terminated after twenty years should 1960. Set aside order issued June 14, Commission has determined to reopen apply to the order in its entirety and not 1995. the proceeding and set aside the order be limited to the petitioner.3 FOR FURTHER INFORMATION CONTACT: in Docket No. 7614. Daniel Ducore, FTC/S–2115, Accordingly, it is ordered that this 2 See Sunset Policy Statement, 59 Fed. Reg. at Washington, DC 20580. (202) 326–2526. matter be, and it hereby is, reopened; It is further ordered that the 45,289. SUPPLEMENTARY INFORMATION: In the 1 FTC, Statement of Policy with Respect to Commission’s order in Docket No. 7614 Matter of National Comics Publications, Duration of Competition Orders and Statement of be, and it hereby is, set aside as of the Inc., et al. The prohibited trade practices Intention To Solicit Public Comment with Respect effective date of this order. to Duration of Consumer Protection Orders (July 22, and/or corrective actions are removed as 1994), at 8 (hereafter ‘‘Sunset Policy Statement’’). indicated. 2 ‘‘[F]indings upon which [orders] are based 1 Since the Commission issued the order in this should not be presumed to continue’’ for longer matter, National Comics has become DC Comics, a than twenty years. Sunset Policy Statement at 4. should apply to the order, not to particular general partnership between Warner 3 The presumption of termination after 20 years respondents. Communications, Inc., and Time Warner applies automatically for new orders in competition 4 Separate Statement of Commissioner Mary L. Entertainment Co., L.P. Independent has changed cases and is not limited to individual respondents, Azcuenaga on Sunset Policy (July 22, 1994), at 7 its name to Warner Publisher Services, Inc. and is further supporting the view that the twenty-year (footnote omitted). now owned by Warner Communications Inc. presumption in favor of sunset for existing orders 5 See Sunset Policy Statement at 8 n.19. 2 See Sunset Policy Statement, 59 FR at 45,289. 43802 Federal Register / Vol. 60, No. 163 / Wednesday, August 23, 1995 / Notices

By the Commission. Panther-Panco Rubber Company, Inc., a requests that the Commission set aside Benjamin I. Berman, corporation; the 1948 consent order in this matter Acting Secretary. Seiberling Rubber Company, a pursuant to Section 5(b) of the Federal [FR Doc. 95–20905 Filed 8–22–95; 8:45 am] corporation; Trade Commission Act, 15 U.S.C. 45(b), BILLING CODE 6750±01±M United States Rubber Company, a Rule 2.51 of the Commission’s Rules of corporation; Practice, 16 C.F.R. 2.51, and the Rubber Heel & Sole Manufacturers Statement of Policy With Respect to [Dkt. 5448] Association, a trade association; Duration of Competition Orders and R.S. Crawford, an individual; Statement of Intention to Solicit Public Rubber Manufacturers Association, Avon Sole Company, a corporation; Comment With Respect to Duration of Inc., et al.; Prohibited Trade Practices The Bearfoot Sole Company, Inc., a Consumer Protection Orders, issued on and Affirmative Corrective Actions corporation; July 22, 1994, and published at 59 FR AGENCY: Federal Trade Commission. Beebe Brothers Rubber Company, a 45,286–92 (Sept. 1, 1994) (‘‘Sunset ACTION: Set aside order. corporation; Policy Statement’’). In the Petition, Bradstone Rubber Company, a Rubber Manufacturers affirmatively SUMMARY: This order reopens a 1948 corporation; states that it has not engaged in any consent order—which prohibited the The Hagerstown Rubber Company, a conduct violating the terms of the order. Association from formulating or corporation; The Petition was placed on the public enforcing resale price agreements, Hanover Rubber Company, a record, and the thirty-day comment exchanging resale price information or corporation; period expired on May 10, 1995. One entering into price-fixing agreements— Lynch Heel Company, a corporation; comment, relating to general policy and sets aside the consent order as to The Monarch Rubber Company, Inc., a issues concerning the Commission’s respondent Rubber Manufacturers corporation; Sunset Policy Statement, was received. Association pursuant to the The Norwalk Tire & Rubber Company, The Commission in its July 22, 1994, Commission’s Sunset Policy Statement, a corporation; Sunset Policy Statement said, in under which the Commission presumes Plymouth Rubber Company, Inc., a relevant part, that ‘‘effective that the public interest requires corporation; immediately, the Commission will terminating competition orders that are Quabaug Rubber Company, a presume, in the context of petitions to more than 20 years old. corporation; reopen and modify existing orders, that DATES: Consent order issued February 2, Travelite Rubber Company, Inc., a the public interest requires setting aside 1948. Set aside order issued July 19, corporation; orders in effect for more than twenty 1995. Victor Products Corporation of years.’’ 2 The Commission’s consent FOR FURTHER INFORMATION CONTACT: Pennsylvania, a corporation; order in Docket No. 5448 was issued on Elizabeth Piotrowski, FTC/S–2115, Webster Rubber Company, a February 2, 1948, and has been in effect Washington, D.C. 20580. (202) 326– corporation; for forty-seven years. Consistent with 2623. Connecticut Leather & Findings the Commission’s July 22, 1994, Sunset Association, Inc., a corporation; Policy Statement, the presumption is SUPPLEMENTARY INFORMATION: In the Harry Diamond, an individual; that the order should be terminated. Matter of Rubber Manufacturers Bridgefport Leather Company, a Association, Inc., et al. The prohibited Nothing to overcome the presumption corporation; having been presented, the Commission trade practices and/or corrective actions Maurice Greenberg, an individual; are removed as indicated. has determined to reopen the Diamond Leather Company, a proceeding and set aside the order in (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets corporation; Docket No. 5448 as to respondent or applies sec. 5, 38 Stat. 719, as amended; Louis Geghter, an individual; Rubber Manufacturers. 15 U.S.C. 45) New Haven Leather Company, Inc., a Accordingly, it is ordered That this Commissioners: Robert Pitofsky, Chairman, corporation; matter be, and it hereby is, reopened; Mary L. Azcuenaga, Janet D. Steiger, Puzzo Brothers Company, a corporation; It is further ordered, that the Roscoe B. Starek, III, Christine A. Varney Rochina Decroce and Anthony Decroce, Commission’s order in Docket No. 5448 In the Matter of— Copartners d/b/a Torrington Leather be, and it hereby is, set aside, as to Rubber Manufacturers Association, Inc., Company; respondent Rubber Manufacturers, as of a corporation; Zich Leather Company, a corporation; the effective date of this order. George Flint, an individual; and By the Commission. Auburn Rubber Corporation, a Cat’s Paw Rubber Company, Inc., a corporation; corporation. Benjamin I. Berman, Avon Sole Company, a corporation; Acting Secretary. Dryden Rubber Company, a corporation; Order Reopening Proceeding and Essex Rubber Company, a corporation; Setting Aside Order as to Respondent Concurring Statement of Commissioner The B.F. Goodrich Company, a Rubber Manufacturers Association, Inc. Mary L. Azcuenaga in Rubber corporation; Manufacturers Association, Inc., D. 5448 On March 17, 1995, Rubber and D. 7505 Goodyear Tire and Rubber Company, a Manufacturers Association, Inc. corporation; (‘‘Rubber Manufacturers’’) one of forty- I concur in the decision to grant the Alfred Hale Rubber Corporation, a three respondents named in this consent request of the Rubber Manufacturers corporation; order,1 filed its Petition to Reopen and Association, Inc. to set aside the 1948 The Holtite Manufacturing Company, a Set Aside Consent Orders (‘‘Petition’’) in order in Docket No. D. 5448 and the corporation; this matter. Rubber Manufacturers 1962 order in Docket No. D. 7505. I Hood Rubber Company, a corporation; dissent from the decision to limit the The I.T.S. Company, a corporation; 1 The remaining respondents did not petition the The O’Sullivan Rubber Company, a Commission to reopen and set aside the order as to 2 See Sunset Policy Statement, 59 Fed. Reg. at corporation; them. 45,289.