Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Notices 31119

1To accommodate numerous requests to provide

additional time to prepare and submit written

comments concerning Harley-Davidson’s Petition,

the Commission extended the initial public

comment period in this matter by thirty days.

2Sunset Policy Statement, (59 FR 45289).

1Copies of the Complaint and the Decision and

Order are available from the Commission’s Public

Reference Branch, H–130, 6th Street & Pennsylvania

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

1Copies of the Complaint, the Decision and

Order, and Commissioner Azcuenaga’s statement

are available from the Commission’s Public

Reference Branch, H–130, 6th Street & Pennsylvania

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

Order Reopening Proceeding and

Setting Aside Order

On February 8, 1995, Harley-Davidson

Motor Company (‘‘Harley-Davidson’’),

the respondent subject to the order

issued by the Commission on June 29,

1954, in Docket No. 5698, In the Matter

of Harley-Davidson Co., 50 F.T.C. 1047

(1954) (‘‘Order’’), filed a Petition to

Reopen Proceedings and Set Aside

Cease and Desist Order (‘‘Petition’’).

Among other things, Harley-Davidson

requests that the Commission set aside

the order in this matter pursuant to

Section 2.51 of the Commission’s Rules

of Practice, 16 C.F.R. § 2.51, and the

Statement of Policy With Respect to

Duration of Competition Orders and

Statement of Intention to Solicit Public

Comment With Respect to Duration of

Consumer Protection Orders, issued on

July 22, 1994, and published at 59 Fed.

Reg. 45,286–92 (Sept. 1, 1994) (‘‘Sunset

Policy Statement’’). In the Petition,

Harley-Davidson affirmatively states

that it has not engaged in any conduct

violating the terms of the order. The

Petition was placed on the public

record, and close to 200 comments were

received.1

The Commission in its July 22, 1994,

Sunset Policy Statement said, in

relevant part, that ‘‘effective

immediately, the Commission will

presume, in the context of petitions to

reopen and modify existing orders, that

the public interest requires setting aside

orders in effect for more than twenty

years.’’ 2 The Commission’s order in

Docket No. 5698 was issued on June 29,

1954, and has been in effect for over

twenty years. Consistent with the

Sunset Policy Statement, the

presumption is that the order should be

terminated. Nothing to overcome the

presumption having been presented, the

Commission has determined to reopen

the proceeding and set aside the order

in Docket 5698.

In light of some of the commenters’

belief that granting Harley-Davidson’s

Petition would be commensurate with

allowing it to engage in conduct that

may violate the antitrust laws, and their

concern that Harley-Davidson may use

certain marketing practices to engage in

unlawful conduct in the event the

Commission sets aside the order in

Docket No. 5698, the Commission notes

that Harley-Davidson’s conduct would

continue to be subject to a case-by-case,

rule of reason analysis under the

antitrust laws. Harley-Davidson’s

conduct would also continue be subject

to state motor vehicle dealer protection

laws.

Accordingly, it is ordered that this

matter be, and it hereby is, reopened;

It is further ordered that the

Commission’s order in Docket No. 5698

be, and it hereby is, set aside, as of the

effective date of this order.

By the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 96–15489 Filed 6–18–96; 8:45 am]

BILLING CODE 6750–01–M

[Docket No. C–3640]

Frank A. Latronica, Jr., et al.;

Prohibited Trade Practices, and

Affirmative Corrective Actions

AGENCY: Federal Trade Commission.

ACTION: Consent order.

SUMMARY: In settlement of alleged

violations of federal law prohibiting

unfair or deceptive acts or practices and

unfair methods of competition, this

consent order requires, among other

things, the distributor and the

manufacturer of the Duram Emergency

Escape Mask to possess competent and

reliable scientific evidence to

substantiate claims that their mask will

absorb, filter out, or otherwise protect

the user from any hazardous gas or

fumes associated with fires, and for

claims that the mask is appropriate for

use in mines. In addition, the consent

order requires the respondents to

provide a disclosure statement on all

package labels and inserts for the mask,

or any substantially similar product.

DATES: Complaint and Order issued

February 12, 1996.1

FOR FURTHER INFORMATION CONTACT:

Alan E. Krause, Chicago Regional Office,

Federal Trade Commission, 55 East

Monroe Street, Suite 1437, Chicago,

Illinois 60603. (312) 353–4441.

SUPPLEMENTARY INFORMATION: On

Tuesday, June 6, 1995, there was

published in the Federal Register, 60 FR

29850, a proposed consent agreement

with analysis In the Matter of Frank A.

Latronica, Jr., et al., for the purpose of

soliciting public comment. Interested

parties were given sixty (60) days in

which to submit comments, suggestions

or objections regarding the proposed

form of the order.

Comments were filed and considered

by the Commission. The Commission

has ordered the issuance of the

complaint in the form contemplated by

the agreement, made its jurisdictional

findings and entered an order to cease

and desist, as set forth in the proposed

consent agreement, in disposition of this

proceeding.

(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets

or applies sec. 5, 38 Stat. 719, as amended;

15 U.S.C. 45)

Donald S. Clark,

Secretary.

[FR Doc. 96–15490 Filed 6–18–96; 8:45 am]

BILLING CODE 6750–01–M

[Docket No. C–3618]

Local Health System, Inc., et al.;

Prohibited Trade Practices, and

Affirmative Corrective Actions

AGENCY: Federal Trade Commission.

ACTION: Consent order.

SUMMARY: In settlement of alleged

violations of federal law prohibiting

unfair or deceptive acts or practices and

unfair methods of competition, this

consent order, among other things,

prohibits the merger of the two largest

hospitals in St. Clair County, Michigan,

and requires the respondents, for three

years, to notify the Commission or

obtain Commission approval before

acquiring certain hospital assets in the

Port of Huron area.

DATES: Complaint and Order issued

October 3, 1995.1

FOR FURTHER INFORMATION CONTACT:

Phillip Broyles, Cleveland Regional

Office. Federal Trade Commission, 668

Euclid Ave., Suite 520–A, Cleveland,

OH 44114. (216) 522–4207.

SUPPLEMENTARY INFORMATION: On

Thursday, August 3, 1995, there was

published in the Federal Register, 60 FR

39747, a proposed consent agreement

with analysis In the Matter of Local

Health System, Inc., et al., for the

purpose of soliciting public comment.

Interested parties were given sixty (60)

days in which to submit comments,

suggestions or objections regarding the

proposed form of the order.

No comments having been received,

the Commission has ordered the

issuance of the complaint in the form

contemplated by the agreement, made

its jurisdictional findings and entered

an order to cease and desist, as set forth

in the proposed consent agreement, in

disposition of this proceeding.