[Federal Register Volume 60, Number 20 (Tuesday, January 31, 1995)]
[Notices]
[Pages 5921-5922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2305]



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FEDERAL TRADE COMMISSION
[Dkt. C-1010]


Armstrong Cork Company; Prohibited Trade Practices and 
Affirmative Corrective Actions

AGENCY: Federal Trade Commission.

ACTION: Set aside order.

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SUMMARY: This order reopens a 1965 consent order that settled 
allegations that the respondent engaged in resale price-maintenance, 
and sets aside the consent order pursuant to the Commission's Sunset 
Policy Statement, under which the Commission presumes that the public 
interest requires terminating competition orders that are more than 20 
years old.

DATES: Consent order issued November 3, 1965. Set aside order issued 
December 23, 1994.

FOR FURTHER INFORMATION CONTACT:
Daniel Ducore, FTC/S-2115, Washington, D.C. 20580. (202) 326-2526.

SUPPLEMENTARY INFORMATION: In the Matter of Armstrong Cork Company. The 
prohibited trade practices and/or corrective actions are removed as 
indicated.

(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret or apply sec. 5, 38 
Stat. 719, as amended; Sec. 2, 49 Stat. 1526; 15 U.S.C. 45, 13)

    In the Matter of: Armstrong Cork Company, a corporation, Docket 
No. C-1010.

Order Reopening Proceeding and Setting Aside Order

    On September 6, 1994, Armstrong World Industries, Inc. 
(``Armstrong''), the successor to Armstrong Cork Company, filed a 
Petition to Reopen Proceedings and Set Aside Order (``Petition'') in 
this matter. Armstrong requests that the Commission set aside the 1965 
consent order in this matter pursuant to Rule 2.51 of the Commission's 
Rules of Practice, 16 CFR 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 July 22, 1994, published at 59 Fed. Reg. 45,286-92 
(Sept. 1, 1994) (``Sunset Policy Statement''). In the Petition, 
Armstrong affirmatively states that it has not engaged in any conduct 
violating the terms of the order. The [[Page 5922]] Request was placed 
on the public record, and the thirty-day comment period expired on 
October 14, 1994. No comments were received.
    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.''\1\ The Commission's order in 
Docket No. C-1010 was issued on November 3, 1965, and has been in 
effect for more than twenty-nine years. Consistent with the 
Commission's July 22, 1994, 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 No. C-1010.

    \1\See Sunset Policy Statement, 59 Fed. Reg. at 45,289.
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    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. C-
1010 be, and it hereby is, set aside, as of the effective date of this 
order.

    By the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 95-2305 Filed 1-30-95; 8:45 am]
BILLING CODE 6750-01-M