Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 / Notices 36693

The notice also will be available for

inspection at the offices of the Board of

Governors. Interested persons may

express their views in writing on the

question whether the proposal complies

with the standards of section 4 of the

BHC Act.

Unless otherwise noted, comments

regarding the applications must be

received at the Reserve Bank indicated

or the offices of the Board of Governors

not later than July 21, 1998.

A. Federal Reserve Bank of St. Louis

(Randall C. Sumner, Vice President) 411

Locust Street, St. Louis, Missouri 63102-

2034:

1. National City Bancshares, Inc.,

Evansville, Indiana; to acquire Princeton

Federal Bank, FSB, Princeton,

Kentucky, and thereby engage in the

activities of operating a thrift, pursuant

to § 225.28(b)(4) of Regulation Y.

Board of Governors of the Federal Reserve

System, July 1, 1998.

Robert deV. Frierson,

Associate Secretary of the Board.

[FR Doc. 98–17946 Filed 7–6–98; 8:45 am]

BILLING CODE 6210–01–F

FEDERAL RESERVE SYSTEM

Sunshine Act Meeting

AGENCY HOLDING THE MEETING: Board of

Governors of the Federal Reserve

System.

TIME AND DATE: 11:00 a.m., Monday, July

13, 1998.

PLACE: Marriner S. Eccles Federal

Reserve Board Building, 20th and C

Streets, N.W., Washington, D.C. 20551.

STATUS: Closed.

MATTERS TO BE CONSIDERED:

1. Personnel actions (appointments,

promotions, assignments,

reassignments, and salary actions)

involving individual Federal Reserve

System employees.

2. Any items carried forward from a

previously announced meeting.

CONTACT PERSON FOR MORE INFORMATION:

Lynn S. Fox, Assistant to the Board;

202–452–3204.

SUPPLEMENTARY INFORMATION: You may

call 202–452–3206 beginning at

approximately 5 p.m. two business days

before the meeting for a recorded

announcement of bank and bank

holding company applications

scheduled for the meeting; or you may

contact the Board’s Web site at http://

www.bog.frb.fed.us for an electronic

announcement that not only lists

applications, but also indicates

procedural and other information about

the meeting.

Dated: July 2, 1998.

Robert deV. Frierson,

Associate Secretary of the Board.

[FR Doc. 98–18142 Filed 7–2–98; 3:42 pm]

BILLING CODE 6210–01–P

FEDERAL TRADE COMMISSION

[File No. 981–0173]

Global Industrial Technologies, Inc.;

Analysis to Aid Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed consent agreement.

SUMMARY: The consent agreement in this

matter settles alleged violations of

federal law prohibiting unfair or

deceptive acts or practices or unfair

methods of competition. The attached

Analysis to Aid Public Comment

describes both the allegations in the

draft complaint that accompanies the

consent agreement and the terms of the

consent order—embodied in the consent

agreement—that would settle these

allegations.

DATES: Comments must be received on

or before September 8, 1998.

ADDRESSES: Comments should be

directed to: FTC/Office of the Secretary,

Room 159, 6th St. and Pa. Ave., N.W.,

Washington, D.C. 20580.

FOR FURTHER INFORMATION CONTACT:

Joseph Krauss, FTC/H–383, Washington,

D.C. 20580. (202) 326–2713.

SUPPLEMENTARY INFORMATION: Pusuant to

Section 6(f) of the Federal Trade

Commission Act, 38 Stat. 721, 15 U.S.C.

46 and Section 2.34 of the Commission’s

Rules of Practice (16 CFR 2.34), notice

is hereby given that the above-captioned

consent agreement containing a consent

order to cease and desist, having been

filed with and accepted, subject to final

approval, by the Commission, has been

placed on the public record for a period

of sixty (60) days. The following

Analysis to Aid Public Comment

describes the terms of the consent

agreement, and the allegations in the

complaint. An electronic copy of the

full text of the consent agreement

package can be obtained from the FTC

Home Page (for June 26, 1998), on the

World Wide Web, at ‘‘http://

www.ftc.gov/os/actions97.htm.’’ A

paper copy can be obtained from the

FTC Public Reference Room, Room H–

130, Sixth Street and Pennsylvania

Avenue, N.W., Washington, D.C. 20580,

either in person or by calling (202)326–

3627. Public comment is invited. Such

commenters or views will be considered

by the Commission and will be available

for inspection and copying at its

principal office in accordance with

Section 4.9(b)(6)(ii) of the Commission’s

Rules of Practice (16 CFR 4.9(b)(6)(ii)).

Analysis of Proposed Consent Order To

Aid Public Comment

The Federal Trade Commission

(‘‘Commission’’) has accepted, subject to

final approval, an Agreement

Containing Consent Order

(‘‘Agreement’’) from Global Industrial

Technologies, Inc. (‘‘proposed

respondent’’).

The proposed Order has been placed

on the public record for sixty (60) days

for reception of comments by interested

persons. Comments received during this

period will become part of the public

record. After sixty (60) days, the

Commission will again review the

Agreement and the comments received

and will decide whether it should

withdraw from the Agreement or make

final the Agreement’s proposed Order.

The Commission’s investigation of

this matter concerns the proposed

acquisition by Global of all of the

outstanding shares of AP Green

Industries, Inc. (‘‘AP Green’’) through a

cash tender offer. Global and AP Green

are two leading U.S. manufacturers of

refractories. Refractories are heatresistant materials used to line furnaces

in industries that involve the heating or

containment of solids, liquids, or gases

at high temperatures. The Commission’s

proposed complaint alleges that Global

and AP Green compete with each other

in the United States market for glassfurnace silica refractories. Glass-furnace

silica refractories are used in the glass

industry to build the roofs and other

portions of glass-melting furnaces.

The Agreement Containing Consent

Order would, if finally accepted by the

Commission, settle charges that the

acquisition may substantially lessen

competition in the production and sale

of glass-furnace silica refractories in the

United States and lead to a monopoly in

that line of commerce. The Commission

has reason to believe that the

acquisition agreement violates Section 5

of the Federal Trade Commission Act

and the acquisition would have

anticompetitive effects and would

violate Section 7 of the Clayton Act and

Section 5 of the Federal Trade

Commission Act if consummated,

unless an effective remedy eliminates

such anticompetitive effects.

The Commission’s Complaint alleges

that glass-furnace silica refractories

provide unique characteristics, and that

as a result, the use of these materials

would not be diminished by even a

large price increase. The Complaint

further alleges that imports of glassfurnace silica refractories are small.
36694 Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 / Notices

Global and AP Green are the only two

producers of glass-furnace silica

refractories in the United States, and

entry of other producers is unlikely and

would be time consuming. The

Commission’s Complaint alleges that

the proposed acquisition, which would

result in a monopoly in the United

States, would lessen competition by

eliminating competition between Global

and AP Green, and would lead to higher

prices and less product innovation.

The proposed Order accepted for

public comment contains provisions

that would require Global to divest AP

Green’s glass-furnace silica refractories

business to Robert R. Worthen and

Dennis R. Williams (jointly or through

a corporation called Utah Refractories

Corp.) in a manner that receives the

prior approval of the Commission

within 30 days of the date the proposed

Order was accepted for public comment,

or if such divestiture fails, to another

buyer that receives the prior approval of

the Commission in a manner that

receives the prior approval of the

Commission within 90 days of the date

the proposed Order was accepted for

public comment. The divestiture

includes the AP Green manufacturing

plant located in Lehi, Utah, where AP

Green produces silica refractories,

together with the sources of raw

materials used to manufacture silica

refractories and all other assets relating

to the research, development,

production, sale, or distribution of silica

refractories, but excluding AP Green’s

manufacturing facility in Sproul,

Pennsylvania. Global’s divestiture of the

AP Green silica refractories business, if

completed, would satisfy the

requirements of the Order and remedy

the lessening of competition alleged in

the Complaint.

If Global fails to divest AP Green’s

silica refractories business within 90

days of the date the proposed Order was

accepted for public comment, then the

Commission may appoint a trustee to

divest AP Green’s silica refractories

business, or, at the option of the trustee,

Global’s Northeast, Maryland

manufacturing plant, where Global

produces silica refractories, together

with the sources of raw materials used

to manufacture silica refractories and all

other assets relating to the research,

development, production, sale, or

distribution of silica refractories, but

excluding Global’s manufacturing

facility in Calhoun, Georgia.

The Order also contains a provision

requiring Global to maintain the

viability and marketability of the Global

and AP Green silica refractories

businesses pending the divestiture.

The consent is crafted to preserve the

current competitive state of the U.S.

market for glass-furnace silica

refractories. The consent will maintain

the AP Green silica plant as an

independent supplier of glass-furnace

silica refractories for U.S. customers.

Thus, there will continue to be two

domestic sources of the product, as

there were prior to the proposed merger.

The purpose of this analysis is to

facilitate public comment on the

proposed Order. Comments should also

be directed to whether the pre-approved

buyers, Robert R. Worthen and Dennis

R. Williams and their corporation, Utah

Refractories Corp., will be financially

viable and able to replace the

competition lost by this acquisition.

This analysis is not intended to

constitute an official interpretation of

the Agreement or the proposed Order or

in any way to modify the terms of the

Agreement or the proposed Order.

Benjamin I. Berman,

Acting Secretary.

[FR Doc. 98–17933 Filed 7–6–98; 8:45 am]

BILLING CODE 6750–01–M

FEDERAL TRADE COMMISSION

[File No. 972–3157]

Herbal Worldwide Holdings Corp., et

al.; Analysis To Aid Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed consent agreement.

SUMMARY: The consent agreement in this

matter settles alleged violations of

federal law prohibiting unfair or

deceptive acts or practices or unfair

methods of competition. The attached

Analysis To Aid Public Comment

describes both the allegations in the

draft complaint that accompanies the

consent agreement and the terms of the

consent order—embodied in the consent

agreement—that would settle these

allegations.

DATES: Comments must be received on

or before September 8, 1998.

ADDRESSES: Comments should be

directed to: FTC/Office of the Secretary,

Room 159, 6th St. and Pa. Ave., NW,

Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT: Tom

Carter or Susan Arthur, Dallas Regional

Office, Federal Trade Commission, 100

N. Central Expressway, Suite 500,

Dallas, TX. 75201. (214) 979–9350.

SUPPLEMENTARY INFORMATION: Pursuant

to Section 6(f) of the Federal Trade

Commission Act, 38 Stat. 721, 15 U.S.C.

46 and Section 2.34 of the Commission’s

Rules of Practice (16 CFR 2.34), notice

is hereby given that the above-captioned

consent agreement containing a consent

order to cease and desist, having been

filed with and accepted, subject to final

approval, by the Commission, has been

placed on the public record for a period

of sixty (60) days. The following

Analysis To Aid Public Comment

describes the terms of the consent

agreement, and the allegations in the

complaint. An electronic copy of the

full text of the consent agreement

package can be obtained from the FTC

Home Page (for June 26, 1998), on the

World Wide Web, at ‘‘http://

www.ftc.gov/os/actions97.htm.’’ A

paper copy can be obtained from the

FTC Public Reference Room, Room H–

130, Sixth Street and Pennsylvania

Avenue, NW, Washington, DC 20580,

either in person or by calling (202) 326–

3627. Public comment is invited. Such

comments or views will be considered

by the Commission and will be available

for inspection and copying at its

principal office in accordance with

Section 4.9(b)(6)(ii) of the Commission’s

Rules of Practice (16 CFR 4.9(b)(6)(ii)).

Analysis of Proposed Consent Order To

Aid Public Comment

The Federal Trade Commission has

accepted an agreement, subject to final

approval, to a proposed consent order

from Herbal Worldwide Holdings Corp.,

Jose ́ Diaz, and Eduardo N. Naranjo

(hereinafter ‘‘respondents’’).

Respondents are marketers of an overthe-counter weight loss product called

‘‘Fattache ́.’’

The proposed consent order has been

placed on the public record for sixty

(60) days for the reception of comments

by interested persons. Comments

received during this period will become

part of the public record. After sixty (60)

days, the Commission will again review

the agreement and any comments

received and will decide whether it

should withdraw from the agreement

and take other appropriate action or

make final the agreement’s proposed

order.

This matter has focused on

respondents’ Spanish-language

television advertisement for Fattache ́.

The ingredients in Fattache ́ include

psyllium, chitosan, glucomannan, and

apple pectin.

The proposed complaint alleges that

respondents made unsubstantiated

claims that: (1) Fattache ́ causes weight

loss without a change in diet: (2)

Fattache ́ prevents the absorption of

ingested fat; (3) Fattache ́ helps eliminate

ingested fat before it is absorbed, and (4)

testimonials from consumers appearing

in advertisements for Fattache ́ reflect

the typical or ordinary experience of