43016 Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Notices

check in the amount of $10.75 (25 cents

per page reproduction cost) payable to

the Consent Decree Library.

Walker B. Smith,

Deputy Chief, Environmental Enforcement

Section, Environment and Natural Resources

Division.

[FR Doc. 97–21063 Filed 8–8–97; 8:45 am]

BILLING CODE 4410–15–M

DEPARTMENT OF JUSTICE

Antitrust Division

United States and States of New York

and Ohio and Commonwealth of

Pennsylvania v. Cargill Inc., Akzo

Nobel, NV, Akzo Nobel, Inc., and Akzo

Nobel Salt, Inc.; Public Comment and

Response on Proposed Judgment

Pursuant to the Antitrust Penalties

and Procedures Act, 15 U.S.C. 16 (b)–

(h), the United States publishes below

the comment it received on the

proposed final judgment in United

States et al. v. Cargill, Inc. et al., No.

6:97–CV–06161–L, filed in the United

States District Court for the Western

District of New York, together with the

United States’ response to that

comment.

Copies of the comment and the

response, which were attached to the

United States’ Certificate of Compliance

with the Antitrust Procedures and

Penalties Act, are available for

inspection and copying in Room 215 of

the U.S. Department of Justice, Antitrust

Division, 325 7th Street, NW,

Washington DC 20530 (telephone (202)

514–2481) and at the office of the Clerk

of the United States District Court for

the Western District of New York,

Rochester Division, 100 State Street,

Room 2120, Rochester, NY 14614.

Copies of these materials may be

obtained upon request and payment of

a copying fee.

Constance K. Robinson,

Director of Operations.

May 19, 1997.

J. Robert Kramer II,

Chief—Litigation II Section, Antitrust

Division, United States Department of

Justice, 1401 H Street, NW, Suite 3000,

Washington, DC 20530

Re: Authorize Letter of Support to J. Robert

Kramer, II

Dear Mr. Kramer: Enclosed is a certified

copy of the above reference resolution which

was duly adopted by the County Legislature

on the 12th day of May, 1997.

Very truly yours,

Stacy B. Husted,

Deputy Clerk, Schuyler County Legislature.

Enclosure

sbh

[Resolution No. 180]

Schuyler County Legislature

Regular Meeting

May 12, 1997

Intro. No. 13

Approved by Committee RJF

Approved by Co. Atty. JPC

Motion by Fitzsimmons

Seconded by Young

Vote: 6 Ayes to 0 Noes

Name of Noes

Re: Authorize Letter of Support to J. Robert

Kramer, II

Whereas, April 21, 1997, the United States,

the states of New York, Ohio, and

Pennsylvania filed a Civil Antitrust

complaint, a proposed Final Judgment and a

Stipulation and Order between the parties of

AKZO Nobel and Cargill, Inc., and

Whereas, the Stipulation and Order and

proposed Final Judgment requires Cargill and

AKZO to ensure that, until the divestitures

mandated by the proposed Final Judgment

are accomplished, AKZO’s Watkins Glen

evaporated salt plant and related assets will

be maintained and operated as a saleable and

economically viable ongoing concern, and

Whereas, both facilities are an extremely

important and a vital part of our community,

and,

Whereas, written comments may be

submitted to the United States Department of

Justice within 60 days of the date of

publication of the Competitive Impact

Statement in the Federal Register.

Now, therefore, be it resolved that a letter

be prepared to J. Robert Kramer II, ChiefLitigation II Section, Antitrust Division,

United States Department of Justice, 1401 H

Street, NW, Suite 3000, Washington, D.C.,

20530, on behalf of our Schuyler County

community simply to make the United States

Department of Justice aware of the

importance of the jobs provided by both of

these facilities and the economic impact that

any downsizing or plant closings would have

on our small Schuyler County community.

State of New York

County of Schuyler

I, Stacy Husted, Deputy Clerk to the

Schuyler County Legislature, do hereby

certify that the foregoing is a true and exact

copy of resolution duly adopted by the

County Legislature on May 12, 1997.

In testimony whereof, I have hereunto set

my hand and the seal of said County

Legislature at Watkins Glen, NY.

May 19, 1997.

Stacy B. Husted,

Deputy Clerk.

July 17, 1997.

Honorable Stacy B. Husted

Deputy Clerk, Schuyler County Legislature,

County Office Building, Box 6, 105 Ninth

Street, Watkins Glen, New York 14891

Re: Proposed Judgment in United States, et

al. v. Cargill Inc. and Akzo Nobel, NV,

et al.

Dear Ms. Husted: Thank you for your May

19 letter to Mr. Kramer, in which you

enclosed a copy of the May 12, 1997

resolution adopted by the Schuyler County

Legislature concerning the proposed Final

Judgment in this case. The proposed

Judgment, if entered by the Court, would

alleviate the competitive concerns raised by

Cargill’s acquisition of the salt operations of

Akzo Nobel. The Judgment requires Cargill

and Akzo to divest certain assets related to

the production and sale of bulk deicing salt.

It also requires Cargill to divest the

evaporated salt plant in Watkins Glen

acquired from Akzo Nobel.

The Akzo and Cargill salt plants are the

major employers in Watkins Glen, the seat of

Schuyler County. In its resolution, the

Schuyler County Legislature wanted to make

‘‘the Department of Justice aware of the

importance of the jobs provided by both of

these facilities and the economic impact that

any downsizing or plant closings would have

on our small Schuyler County community.’’

I would first note that the proposed Final

Judgment does not affect the Watkins Glen

salt plant owned by Cargill prior to Cargill’s

acquisition of Akzo Nobel. As to the Akzo

plant, the Department of Justice and the

Schuyler County Legislature have similar

concerns. The Judgment requires Cargill to

divest the former Akzo plant in such a way

as to satisfy the Department of Justice that it

will be used as part of a viable, ongoing

business engaged in the production and sale

of food grade salt (Judgment, §§ IV(B) and

(G)). As such, the Akzo plant will continue

to need a skilled work force. Although the

purchaser of the facility will have the same

right that Akzo has historically had to

determine the appropriate size of its

workforce, the Department of Justice would

not approve the plant’s purchase by a person

who intends to shut the plant down or take

other actions that would render the plant an

ineffective competitor in the market.

Thank you for bringing your concerns to

our attention. We hope that this information

will help alleviate them. Pursuant to the

Antitrust Procedures and Penalties Act, a

copy of your letter and the Schuyler County

resolution and this response will be

published in the Federal Register and filed

with the Court.

Sincerely yours,

Anthony E. Harris,

Attorney, Litigation II Section.

[FR Doc. 97–21058 Filed 8–8–97; 8:45 am]

BILLING CODE 4410–11–M

DEPARTMENT OF LABOR

Occupational Safety and Health

Administration

[Docket No. H–372]

RIN: 1218–AB58

Metalworking Fluids Standards

Advisory Committee: Notice of Open

Meeting

AGENCY: Occupational Safety and Health

Administration (OSHA), Labor.

ACTION: Metalworking Fluids Standards

Advisory Committee: notice of open

meeting.