Federal Register / Vol. 62, No. 9 / Tuesday, January 14, 1997 / Notices 1887

facility will be 178 MW. Electric power

produced by the facility will be sold to

PECO Energy Company. Construction of

the facility commenced on March 8,

1996. The facility is expected to

commence commercial operation by

December 8, 1997.

Comment date: January 23, 1997, in

accordance with Standard Paragraph E

at the end of this notice.

Standard Paragraph

E. Any person desiring to be heard or

to protest said filing should file a

motion to intervene or protest with the

Federal Energy Regulatory Commission,

888 First Street, N.E., Washington, D.C.

20426, in accordance with Rules 211

and 214 of the Commission’s Rules of

Practice and Procedure (18 CFR 385.211

and 18 CFR 385.214). All such motions

or protests should be filed on or before

the comment date. Protests will be

considered by the Commission in

determining the appropriate action to be

taken, but will not serve to make

protestants parties to the proceeding.

Any person wishing to become a party

must file a motion to intervene. Copies

of this filing are on file with the

Commission and are available for public

inspection.

Linwood A. Watson, Jr.,

Acting Secretary.

[FR Doc. 97–843 Filed 1–13–97; 8:45 am]

BILLING CODE 6717–01–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5676–2]

Notice of Disclosure of Confidential

Business Information Obtained Under

the Comprehensive Environmental

Response, Compensation and Liability

Act to EPA Contractor Dynamac,

Osage Iron and Metals Superfund Site,

Kansas City, Kansas

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice; request for comments.

SUMMARY: EPA hereby complies with the

requirements of 40 CFR 2.301(h) and 40

CFR 2.310(h) for authorization to

disclose to its contractor, Dynamac of

Rockville, Maryland, cost recovery

support documentation for the Osage

Iron and Metals Superfund Site, Kansas

City, Kansas. This disclosure includes

Confidential Business Information (CBI)

which has been submitted to EPA

Region 7, Superfund Division.

Dynamac’s principal office is 2275

Research Boulevard, Suite 500,

Rockville, Maryland 20850.

FOR FURTHER INFORMATION CONTACT:

Jeffrey G. Weatherford, P.E., Superfund

Division, Environmental Protection

Agency, 726 Minnesota Avenue, Kansas

City, Kansas 66101, (913) 551–7695.

SUPPLEMENTARY INFORMATION:

Notice of Required Determinations,

Contract Provisions and Opportunity to

Comment

The Comprehensive Environmental

Response, Compensation and Liability

Act of 1980 (CERCLA), as amended

(commonly known as ‘‘Superfund’’),

requires the establishment of an

administrative record upon which the

President shall base the selection of a

response action. CERCLA also requires

the maintenance of many other records.

EPA has entered into ESS Contract No.

68–W4–0039 for management of those

records. EPA Region 7 has determined

that disclosure of CBI to Dynamac is

necessary in order that the contractor

may carry out the work requested under

the above contract with EPA. The

contract complies with all requirements

of 40 CFR 2.301(h)(2)(ii) and 40 CFR

2.310(h). EPA Region 7 will require that

each Dynamac employee working on

cost recovery work sign a written

agreement that he or she:

(1) Shall use the information only for

the purpose of carrying out the work

required by the contract;

(2) Shall refrain from disclosing the

information to anyone other than EPA

without the prior written approval of

each affected business or of an EPA

regional office; and

(3) Shall return to EPA all copies of

the information and any contracts or

extracts therefrom (a) upon completion

of the contract, (b) upon request of the

EPA, or (c) whenever the information is

no longer required by Dynamac for

performance of work requested under

the contract. These non-disclosure

statements shall be maintained on file

with the EPA Region 7 Project Officer

for Dynamac. Dynamac employees will

be provided technical direction from

their respective EPA contract

management staff.

EPA hereby advises affected parties

that they have ten (10) working days to

comment pursuant to 40 CFR

2.301(h)(2)(iii) and 40 CFR 2.310(h).

Comments should be sent to: Jeffrey G.

Weatherford, P.E., Environmental

Protection Agency, Region 7, 726

Minnesota Avenue, Kansas City, Kansas

66101.

Dated: December 23, 1996.

Dennis Grams,

Regional Administrator.

[FR Doc. 97–875 Filed 1–13–97; 8:45 am]

BILLING CODE 6560–50–M

FEDERAL MARITIME COMMISSION

Ocean Freight Forwarder License

Applicants

Notice is hereby given that the

following applicants have filed with the

Federal Maritime Commission

applications for licenses as ocean freight

forwarders pursuant to section 19 of the

Shipping Act of 1984 (46 U.S.C. pap.

1718 and 46 CFR 510).

Persons knowing of any reason why

any of the following applicants should

not receive a license are requested to

contact the Office of Freight Forwarders,

Federal Maritime Commission,

Washington, D.C. 20573.

American Freight Liners, Inc., One

World Trade Center, Suite #4667,

New York, NY 10048, Officers: Denzil

C. Fernando, President, Sasanka D.

Ariyawansa, Vice President

S.L.M.L. Export Inc. d/b/a Scully & Co.

Inc., 12777 Jones Road, Suite 310,

Houston, TX 77070–4621, Officers:

Sharon Lerner, President, Linda

Givens, Vice President

Noral Cargo International, Inc., 4745

NW 72nd Avenue, Miami, FL 33166,

Officers: Norma E. Garcia, President,

Carlos Garcia, Vice President

SR International Logistics, LLC, 12373

West 60th Place, Arvada, CO 80004,

Officer: Russell E. Steele, Manager

Neal Brothers, Inc., 9871 Highway 78,

Ladson, SC 29456, Officers: David

Kenneth Neal, President, Christopher

Brindley Warburton, Vice President

Panamerican All Trading Services,

Corp., 5461 N.W. 72nd Avenue,

Miami, FL 33166, Officers: Jorge

Murillo, President, Adriana P. Orozco,

Secretary

Trans World Shipping Co. Import/

Export, 300 W. Glenoaks Blvd.,

Glendale, CA 91202 Vartan Nazerian

Edward Melkonian Partnership

Dated: January 9, 1997.

Joseph C. Polking,

Secretary.

[FR Doc. 97–830 Filed 1–13–97; 8:45 am]

BILLING CODE 6730–01–M

[Docket No. 97–01]

Alex Parsinia D/B/A Pacific

International Shipping and Cargo

Express; Order of Investigation

Alex Parsinia (‘‘Parsinia’’) is an

individual who appears to be doing

business under the names Pacific

International Shipping (‘‘PIS’’) and

Cargo Express (‘‘CE’’). It appears that

from at least September 17, 1995 to the

present, Parsinia has provided ocean

transportation services to the public for
1888 Federal Register / Vol. 62, No. 9 / Tuesday, January 14, 1997 / Notices

1The Commission’s Office of Informal Inquiries

and Complaints has received eleven complaints

from shippers in regard to difficulties the shippers

have encountered in obtaining the delivery of

shipments turned over to Parsinia.

shipments from the United States to

foreign countries. PIS and CE appear to

dispatch shipments via ocean common

carriers, arrange for the transportation of

shipments on behalf of shippers,

prepare documentation consisting of

bills of lading and export documents.

Shippers appear to look to PIS and CE

for the delivery of shipments,1 and PIS

and CE appear to hold themselves out

to perform transportation to the public

and accept responsibility for the

transportation of shipments. The

shipments consist mostly of personal

effects or household goods. Shipments

are contracted with ocean common

carriers under the names of actual

shippers as well as under the names PIS

and CE.

Section 19(a) of the Shipping Act of

1984 (‘‘1984 Act’’), 46 U.S.C. app.

1718(a), provides that no person may act

as an ocean freight forwarder unless that

person has obtained a license from the

Federal Maritime Commission. Section

3(19) of the 1984 Act, 46 U.S.C. app.

1702(19), defines an ocean freight

forwarder as a person in the United

States that dispatches shipments from

the United States to a foreign country

via common carriers, books or otherwise

arranges space for such shipments on

behalf of shippers, and processes the

documentation or performs related

activities incident to those shipments.

In order to obtain an ocean freight

forwarder license, a forwarder must

furnish to the Commission a bond to

insure the financial responsibility of the

forwarder, and the Commission must

determine that the forwarder is qualified

by experience and character to render

forwarding services. According to a

review of records maintained by the

Commission’s Bureau of Tariffs,

Certification and Licensing, no ocean

freight forwarder license has been

issued in the name of Alex Parsinia.

Therefore, it would appear that Parsinia,

by dispatching shipments, by booking or

otherwise arranging space for the

shipments, and by processing

documentation incident to ocean

shipments made on behalf of others

from the United States, has acted as an

ocean freight forwarder without a

license issued by the Commission in

violation of section 19(a) of the 1984

Act.

Section 8(a) of the 1984 Act, 46 U.S.C.

app. 1707(a), provides that each

common carrier must file a tariff with

the Commission showing all of its rates,

charges, classifications, rules, and

practices. Section 3(6) of the 1984 Act,

46 U.S.C. 1702(6), in pertinent part,

defines a common carrier as a person

holding hold out to the public to

provide transportation by water between

the United States and a foreign country,

that assumes responsibility for

performing the transportation, and

utilizes a vessel operating on the high

seas for providing the transportation.

Section 3(17) of the 1984 Act, 46 U.S.C.

1702(17), defines a non-vessel-operating

common carrier (‘‘NVOCC’’) as a

common carrier that does not operate

the vessels used in providing the ocean

transportation and acts as the shipper in

relation with the ocean common carrier.

Section 23(a) of the 1984 Act, 46 U.S.C.

app. 1721(a), further provides that each

NVOCC must furnish to the Commission

a bond, proof of insurance or other

surety, inter alia, to insure the financial

responsibility of the carrier to pay any

judgment for damages arising from its

transportation-related activities.

According to the records maintained by

the Commission’s Bureau of Tariffs,

Certification and Licensing, no tariff or

bond has been filed with the

Commission in the name of Alex

Parsinia, PIS or CE. Therefore, it would

appear that Parsinia, by providing ocean

transportation of cargo to the public for

shipments between the United States

and foreign countries and by contracting

as a shipper for the carriage of the cargo,

has acted as a NVOCC without a tariff

or bond on file with the Commission, in

violation of sections 8(a) and 23(a) of

the 1984 Act.

Section 11(c) of the 1984 Act, 46

U.S.C. app. 1710(c), sets forth the

Commission’s authority to investigate

violations of the 1984 Act. In the event

violations are found, section 13(a) of the

1984 Act, 46 U.S.C. app. 1712(a),

provides that the Commission may

assess civil penalties. Section 14(a) of

the 1984 Act, 46 U.S.C. app. 1713(a),

empowers the Commission to issue

orders relating to violations of the 1984

Act.

Now therefore it is ordered, That

pursuant to sections 8(a), 11(c), 13(a),

14(a), 19(a) and 23(a) of the 1984 Act,

an investigation is hereby instituted to

determine:

1. Whether Parsinia violated section

19(a) of the 1984 Act by acting as an

ocean freight forwarder without a

license issued by the Commission;

2. Whether Parsinia violated sections

8(a) and 23(a) of the 1984 Act by acting

as a NVOCC without tariff and bond on

file with the Commission;

3. Whether, in the event Parsinia

violated the 1984 Act, civil penalties

should be assessed against Parsinia and,

if so, the amount of such penalties; and

4. Whether, in the event violations are

found, an appropriate cease and desist

order should be issued.

It is further ordered, That a public

hearing be held in this proceeding and

that this matter be assigned for public

hearing before an Administrative Law

Judge (‘‘Presiding Officer’’) of the

Commission’s Office of Administrative

Law Judges in compliance with Rule 61

of the Commission’s Rules of Practice

and Procedure, 46 CFR 502.61. The

Hearing shall include oral testimony

and cross-examination at the discretion

of the Presiding Officer only after

consideration has been given by the

parties and the Presiding Officer to the

use of alternative forms of dispute

resolution, and upon proper showing

that there are genuine issues of material

fact that cannot be resolved on the basis

of sworn statements, affidavits,

depositions, or other documents or that

the nature of the matter in issue is such

that an oral hearing and crossexamination are necessary for the

development of an adequate record;

It is further ordered, That Alex

Parsinia d/b/a Pacific International

Shipping and Cargo Express is

designated Respondent in this

proceeding;

It is further ordered, That the

Commission’s Bureau of Enforcement is

designated a party to this proceeding;

It is further ordered, That notice of

this Order be published in the Federal

Register and a copy be served on parties

of record;

It is further ordered, That other

persons having an interest in

participating in this proceeding may file

petitions for leave to intervene in

accordance with Rule 72 of the

Commission’s Rules of Practice and

Procedure, 46 CFR 502.72;

It is further ordered, That all further

notices, orders, and/or decisions issued

by or on behalf of the Commission in

this proceeding, including notice of the

time and place of hearing or prehearing

conference, shall be served on parties of

record;

It is further ordered, That all

documents submitted by any party of

record in this proceeding shall be

directed to the Secretary, Federal

Maritime Commission, Washington,

D.C. 20573, and comply with Subpart H

of the Commission’s Rules of Practice

and Procedure, 46 CFR 502.111–119,

and shall be served on parties of record;

and

It is further ordered, That in

accordance with Rule 61 of the

Commission’s Rules of Practice and

Procedure, 46 CFR 502.61, the initial

decision of the Administrative Law

Judge shall be issued by January 8, 1998,
Federal Register / Vol. 62, No. 9 / Tuesday, January 14, 1997 / Notices 1889

and the final decision of the

Commission shall be issued by May 8,

1998.

By the Commission.

Joseph C. Polking,

Secretary.

[FR Doc. 97–829 Filed 1–13–97; 8:45 am]

BILLING CODE 6730–01–M

FEDERAL RESERVE SYSTEM

Notice of Proposals To Engage in

Permissible Nonbanking Activities or

To Acquire Companies That Are

Engaged in Permissible Nonbanking

Activities

The companies listed in this notice

have given notice under section 4 of the

Bank Holding Company Act (12 U.S.C.

1843) (BHC Act) and Regulation

Y, (12 CFR Part 225) to engage de novo,

or to acquire or control voting securities

or assets of a company that engages

either directly or through a subsidiary or

other company, in a nonbanking activity

that is listed in § 225.25 of Regulation

Y (12 CFR 225.25) or that the Board has

determined by Order to be closely

related to banking and permissible for

bank holding companies. Unless

otherwise noted, these activities will be

conducted throughout the United States.

Each notice is available for inspection

at the Federal Reserve Bank indicated.

Once the notice has been accepted for

processing, it will also 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, including whether

consummation of the proposal can

‘‘reasonably be expected to produce

benefits to the public, such as greater

convenience, increased competition, or

gains in efficiency, that outweigh

possible adverse effects, such as undue

concentration of resources, decreased or

unfair competition, conflicts of

interests, or unsound banking practices’’

(12 U.S.C. 1843). Any request for a

hearing on this question must be

accompanied by a statement of the

reasons a written presentation would

not suffice in lieu of a hearing,

identifying specifically any questions of

fact that are in dispute, summarizing the

evidence that would be presented at a

hearing, and indicating how the party

commenting would be aggrieved by

approval of the proposal.

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 January 29, 1997.

A. Federal Reserve Bank of New

York (Christopher J. McCurdy, Senior

Vice President) 33 Liberty Street, New

York, New York 10045:

1. Canadian Imperial Bank of

Commerce, Toronto, Canada; to engage

de novo, through its wholly owned

subsidiary, CIBC Investment

Corporation, New York, New York

(‘‘Company’’), in trading for its own

account, for purposes other than

hedging, in futures, options, and options

on futures contracts based on certain

securities indices and money market

instruments. Canadian Imperial

proposes that Company would conduct

these activities throughout the world.

See Swiss Bank Corporation, 81 Fed.

Res. Bull. 185 (1995).

Board of Governors of the Federal Reserve

System, January 8, 1997.

Jennifer J. Johnson,

Deputy Secretary of the Board.

[FR Doc. 97–828 Filed 1–13–97; 8:45 am]

BILLING CODE 6210–01–F

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

[Docket No. 96N–0512]

Hoechst Marion Roussel, Inc., and

Baker Norton Pharmaceuticals, Inc.;

Terfenadine; Proposal To Withdraw

Approval of Two New Drug

Applications and One Abbreviated New

Drug Application; Opportunity for a

Hearing

AGENCY: Food and Drug Administration,

HHS.

ACTION: Notice.

SUMMARY: The Food and Drug

Administration (FDA) is proposing to

withdraw approval of two new drug

applications (NDA’s) and one

abbreviated new drug application

(ANDA) for drug products containing

terfenadine. NDA 18–949 (Seldane) and

NDA 19–664 (Seldane-D) are held by

Hoechst Marion Roussel (HMR), Inc.,

P.O. Box 9627, Kansas City, MO 64134–

0627. ANDA 74-475 is held by Baker

Norton Pharmaceuticals, Inc., 4400

Biscayne Blvd., Miami, FL 33137. On

July 25, 1996, FDA approved HMR’s

NDA 20–625 for fexofenadine

hydrochloride (Allegra). Fexofenadine is

the active metabolite of terfenadine that

is responsible for the desired beneficial

properties of terfenadine. When patients

take terfenadine, parent terfenadine is

ordinarily present in their blood at very

low concentrations, because the

terfenadine molecule is metabolized to

form fexofenadine. Fexofenadine is

responsible for providing patients with

essentially all the clinical benefits of

taking terfenadine. If terfenadine’s

metabolism is inhibited, either by

another drug or by intrinsic liver

disease, the level of parent terfenadine

can rise to levels that can cause serious

side effects in people as a result of the

effect of parent terfenadine on cardiac

potassium channels. Inhibition of these

channels causes delayed cardiac

repolarization (prolonged

electrocardiographic QT interval) and

increases the risk of a characteristic

kind of ventricular tachycardia called

torsades de pointes and possibly the risk

of other rhythm abnormalities.

Fexofenadine hydrochloride, however,

has not been shown to affect cardiac

potassium channels and has been

shown not to cause prolongation of the

electrocardiographic QT interval, even

at larger-than-recommended doses.

Based on all data to date, fexofenadine

hydrochloride appears to lack parent

terfenadine’s risk of serious

cardiovascular adverse events. The basis

for the proposed withdrawal of the

applications is a finding that the

availability of fexofenadine

hydrochloride provides patients with an

alternative that can provide essentially

all the benefits of terfenadine, because

it is identical in molecular structure to

the metabolized (active) form of

terfenadine, without the serious and

potentially fatal risks associated with

terfenadine when terfenadine’s

metabolism is inhibited either by

another drug or by intrinsic liver

disease. Because of the availability of

fexofenadine hydrochloride, terfenadine

is not shown to be safe for use under the

conditions of use that formed the basis

upon which the applications were

approved.

DATES: A hearing request is due on

February 13, 1997; data and information

in support of the hearing request are due

on March 17, 1997.

ADDRESSES: A request for hearing,

supporting data, and other comments

are to be identified with docket no.

96N–0512 and submitted to the Dockets

Management Branch (HFA–305), Food

and Drug Administration, 12420

Parklawn Dr., rm. 1–23, Rockville, MD

20857.

FOR FURTHER INFORMATION CONTACT:

For information on medical/scientific

issues: John K. Jenkins, Center for

Drug Evaluation and Research

(HFD–570), Food and Drug

Administration, 5600 Fishers Lane,

Rockville, MD 20857, 301–827–