Federal Register / Vol. 62, No. 5 / Wednesday, January 8, 1997 / Notices 1147

Surface Transportation Board

[STB Ex Parte No. 619]

Petition of Fieldston Co., Inc. To

Establish Procedures Regarding Ex

Parte Communications in Railroad

Merger Proceedings

AGENCY: Surface Transportation Board.

ACTION: Statement of policy.

SUMMARY: The ICC Termination Act of

1995, Public Law 104–88, 109 Stat. 803

(ICCTA), at 49 U.S.C. 11324(f), permits,

but does not require, ex parte

communications in certain

circumstances involving the

consolidation, merger, or acquisition of

control of railroads in a transaction that

involves at least one Class I railroad.

The Board announces that it will not

entertain ex parte communications in

railroad merger proceedings.

EFFECTIVE DATE: January 8, 1997.

FOR FURTHER INFORMATION CONTACT:

Joseph H. Dettmar, (202) 927–5660.

[TDD for the hearing impaired: (202)

927–5721.]

SUPPLEMENTARY INFORMATION: In

response to a petition filed by Fieldston

Co., Inc., the Board has announced that

it will not entertain ex parte

communications in railroad merger

proceedings. While a change in the law

permits ex parte communications in

railroad merger proceedings under

certain conditions, the Board has

decided not to entertain ex parte

communications in these proceedings

because entertainment of ex parte

communications would impede

efficiency, fairness, and public

confidence in the Board’s railroad

merger review procedures.

Additional information is contained

in the Board’s decision. To purchase a

copy of the full decision, write to, call,

or pick up in person from: DC News &

Data, Inc., Room 2229, 1201

Constitution Ave., N.W., Washington,

DC 20423. Telephone: (202) 289–4357/

4359. [Assistance for the hearing

impaired is available through TDD

services (202) 927–5721.]

Decided: December 31, 1996.

By the Board, Chairman Morgan, Vice

Chairman Simmons, and Commissioner

Owen.

Vernon A. Williams,

Secretary.

[FR Doc. 97–410 Filed 1–7–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF THE TREASURY

Departmental Offices, Debt

Management Advisory Committee;

Meeting

Notice is hereby given, pursuant to 5

U.S.C. App. section 10(a)(2), that a

meeting will be held at the U.S.

Treasury Department, 15th and

Pennsylvania Avenue, N.W.,

Washington, D.C., on February 4 and 5,

1997, of the following debt management

advisory committee: Public Securities

Association, Treasury Borrowing

Advisory Committee.

The agenda for the meeting provides

for a technical background briefing by

Treasury staff on February 4, followed

by a charge by the Secretary of the

Treasury or his designate that the

committee discuss particular issues, and

a working session. On February 5, the

committee will present a written report

of its recommendations.

The background briefing by Treasury

staff will be held at 11:30 a.m. Eastern

time on February 4 and will be open to

the public. The remaining sessions on

February 4 and the committee’s

reporting session on February 5 will be

closed to the public, pursuant to 5

U.S.C. App. section 10(d).

This notice shall constitute my

determination, pursuant to the authority

placed in heads of departments by 5

U.S.C. App. section 10(d) and vested in

me by Treasury Department Order No.

101–05, that the closed portions of the

meeting are concerned with information

that is exempt from disclosure under 5

U.S.C. 552b(c)(9)(A). The public interest

requires that such meetings be closed to

the public because the Treasury

Department requires frank and full

advice from representatives of the

financial community prior to making its

final decision on major financing

operations. Historically, this advice has

been offered by debt management

advisory committees established by the

several major segments of the financial

community. When so utilized, such a

committee is recognized to be an

advisory committee under 5 U.S.C. App.

section 3.

Although the Treasury’s final

announcement of financing plans may

not reflect the recommendations

provided in reports of the advisory

committee, premature disclosure of the

committee’s deliberations and reports

would be likely to lead to significant

financial speculation in the securities

market. Thus, these meetings fall within

the exemption covered by 5 U.S.C.

552b(c)(9)(A).

The Office of the Under Secretary for

Domestic Finance is responsible for

maintaining records of debt

management advisory committee

meetings and for providing annual

reports setting forth a summary of

committee activities and such other

matters as may be informative to the

public consistent with the policy of 5

U.S.C. 552b.

Dated: January 2, 1997.

John D. Hawke, Jr.,

Under Secretary (Domestic Finance).

[FR Doc. 97–364 Filed 1–7–97; 8:45 am]

BILLING CODE 4810–25–M