17284 Federal Register / Vol. 62, No. 68 / Wednesday, April 9, 1997 / Notices

10 I&M also will acquire CPR’s minority interest

(8.33%) in the common stock of KCT, and will

thereby acquire certain rights and obligations

attendant thereto, including the right to operate on

the 78.2 miles of rail line owned by KCT. I&M also

will acquire all of the rights, privileges, benefits,

and obligations of CPR in that certain contract

between KCS and predecessors of CPR, dated May

1, 1942, including any real estate owned by CPR in

Kansas or in the metropolitan area of Kansas City,

MO, together with any appurtenances and fixtures

of CPR located thereon and affixed thereto, other

than certain excluded assets.

MN (MP 288.0), to St. Paul, MN (MP

407.4), and for overhead traffic from

Comus, MN (MP 123.8), to Rosemount,

MN (MP 150.7); and (iii) over 78.2 miles

of rail line owned by the Kansas City

Terminal Railroad (KCT).10

Pursuant to a decision of the Board

served April 2, 1997, the proposed

transaction may be consummated on or

after April 4, 1997. I&M intends to

consummate the transaction as soon as

practicable.

If the notice contains false or

misleading information, the exemption

is void ab initio. Petitions to revoke the

exemption under 49 U.S.C. 10502(d)

may be filed at any time. The filing of

a petition to revoke will not

automatically stay the transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 33326, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Unit, 1925

K Street, N.W., Washington, DC 20423–

0001. In addition, one copy of each

pleading must be served on Mark H.

Sidman, Esq., Weiner, Brodsky, Sidman

& Kider, P.C., 1350 New York Avenue,

N.W., Suite 800, Washington, DC

20005–4797.

Decided: April 3, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–9095 Filed 4–8–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33378]

Sierra Pacific Industries; Acquisition

and Operation Exemption; Amador

Central Railroad Company

Sierra Pacific Industries (SPI), a Class

III rail carrier, has filed a notice of

exemption under 49 CFR 1150.41 to

acquire and operate approximately 12

miles of rail line currently owned and

operated by the Amador Central

Railroad Company (ACRC), between

milepost 0.0 at Ione and milepost 12.0

at Martell, in Amador County, CA.

Included in the acquisition are a rail

yard and associated tracks.

This transaction was scheduled to be

consummated on March 31, 1997.

If the notice contains false or

misleading information, the exemption

is void ab initio. Petitions to revoke the

exemption under 49 U.S.C. 10502(d)

may be filed at any time. The filing of

a petition to revoke does not

automatically stay the transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 33378, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Unit, 1925

K Street, NW., Washington DC 20423–

0001. A copy of all pleadings must be

served on applicant’s representative:

James F. Flint, Grove, Jaskiewicz and

Cobert, 1730 M Street, NW., Suite 400,

Washington, DC 20036.

Decided: April 3, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–9097 Filed 4–8–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33327]

Dennis Washington, et al.;

Continuance in Control Exemption;

I&M Rail Link, LLC

Dennis Washington, William H.

Brodsky, Mort Lowenthal, Dorn

Parkinson, J. Fred Simpson, and

Thomas J. Walsh, noncarrier individuals

(applicants), have filed a verified notice

of exemption to continue in control,

through ownership and management, of

I&M Rail Link, LLC (I&M) upon I&M’s

becoming a rail carrier. Applicants

control, through ownership and

management, one other rail carrier,

Montana Rail Link, Inc. (MRL), a Class

II railroad operating in Montana, Idaho,

and Washington.

This proceeding is related to STB

Finance Docket No. 33326, wherein

I&M, a noncarrier, has filed a verified

notice of exemption under 49 CFR

1150.31 and 1150.35 to acquire from

Soo Line Railroad Company, d/b/a/

Canadian Pacific Railway (CPR), and

operate approximately 1,109 miles of

rail line and 262 miles of trackage rights

in Iowa, Illinois, Minnesota, Missouri,

Wisconsin, and Kansas. The system to

be acquired by I&M, which is more fully

described in the STB Finance Docket

No. 33326 notice published

concurrently herewith, consists

generally of: (1) CPR’s ‘‘KC Mainline’’

between Kansas City, MO, and Pingree

Grove, IL, including trackage rights

between Pingree Grove and Chicago, IL;

and (2) CPR’s ‘‘Corn Lines’’ between

Sabula and Sheldon, IA, including

branch lines and trackage rights in

southern Minnesota. Upon acquiring

such lines and trackage rights, I&M will

become a Class II rail carrier.

Applicants state that: (i) I&M and

MRL will not connect with each other

or with any railroad in their corporate

family; (ii) the continuance in control is

not part of a series of anticipated

transactions that would connect the

railroads with each other or with any

railroad in their corporate family; and

(iii) the transaction does not involve any

Class I carriers. Therefore, the

transaction is exempt from the prior

approval requirements of 49 U.S.C.

11323. See 49 CFR 1180.2(d)(2).

Pursuant to a decision of the Board

served April 2, 1997, I&M may

consummate its proposed acquisition on

or after April 4, 1997. I&M intends to

consummate that acquisition as soon as

practicable. The control transaction in

the instant docket will be consummated

simultaneously therewith.

Under 49 U.S.C. 10502(g), the Board

may not use its exemption authority to

relieve a rail carrier of its statutory

obligation to protect the interests of its

employees. Although applicants do not

expect any employees to be adversely

affected by this control transaction, they

have agreed to apply employee

protective conditions pursuant to 49

U.S.C. 11326(a). Therefore, any

employees adversely affected by the

control transaction will be protected by

the conditions set forth in New York

Dock Ry.—Control—Brooklyn Eastern

Dist., 360 I.C.C. 60 (1979).

If the notice contains false or

misleading information, the exemption

is void ab initio. Petitions to revoke the

exemption under 49 U.S.C. 10502(d)

may be filed at any time. The filing of

a petition to revoke will not

automatically stay the transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 33327, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Unit, 1925

K Street, N.W., Washington, DC 20423–

0001. In addition, one copy of each

pleading must be served on Mark H.

Sidman, Esq., Weiner, Brodsky, Sidman

& Kider, P.C., 1350 New York Avenue,

N.W., Suite 800, Washington, DC

20005–4797.

Decided: April 3, 1997.
Federal Register / Vol. 62, No. 68 / Wednesday, April 9, 1997 / Notices 17285

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–9096 Filed 4–8–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF THE TREASURY

Customs Service

[T.D. 97–21]

Recordation of Trade Name: ‘‘Phase II’’

AGENCY: U.S. Customs Service,

Department of the Treasury.

SUMMARY: On Tuesday, January 28,

1997, a notice of application for the

recordation under section 42 of the Act

of July 5, 1946, as amended (15 U.S.C.

1124), of the trade name ‘‘PHASE II,’’

used by Phase II Machine and Tool, Inc.,

a corporation organized under the laws

of the State of New Jersey, located at 14

Caesar Place, Moonachie, New Jersey

07074, was published in the Federal

Register (62 FR 4094). The notice

advised that before final action was

taken on the application, consideration

would be given to any relevant data,

views, or arguments submitted in

writing by any person in opposition to

the recordation and received not later

than March 31, 1997. No responses were

received in opposition to the notice.

Accordingly, as provided in § 133.14,

Customs Regulations (19 CFR 133.14),

the name ‘‘PHASE II,’’ is recorded as the

trade name used by Phase II Machine

and Tool Inc., located at 14 Caesar

Place, Moonachie, New Jersey 07074.

The trade name is used in connection

with advertising, business cards,

stationery. The merchandise is

manufactured all over the world, but

primarily Asia.

EFFECTIVE DATE: April 9, 1997.

FOR FURTHER INFORMATION CONTACT:

Delois P. Johnson, Intellectual Property

Rights Branch, 1301 Constitution

Avenue, NW., (Franklin Court),

Washington, D.C. 20229 (202–482–

6960).

Dated: April 3, 1997.

John F. Atwood,

Chief, Intellectual Property Rights Branch.

[FR Doc. 97–8977 Filed 4–8–97; 8:45 am]

BILLING CODE 4820–02–P

DEPARTMENT OF VETERANS

AFFAIRS

Privacy Act of 1974, Amendment of

Routine Use

AGENCY: Department of Veterans Affairs.

ACTION: Notice of amendment of routine

use.

SUMMARY: As required by the Privacy

Act of 1974 notice is hereby given that

the Department of Veterans Affairs (VA)

is amending a routine use statement that

appears in the system of records,

77VA11, Health Care Provider

Credentialing and Privileging Records–

VA.

DATES: Interested persons are invited to

submit written comments, suggestions,

or objections regarding the proposed

amendment to the routine uses. All

relevant materials received before May

9, 1997, will be considered. All written

comments received will be available for

public inspection at the Office of

Regulations Management, Room 1158, at

the address given below, between the

hours of 8 a.m. and 4:30 p.m. Monday

through Friday (except holidays). If no

public comment is received during the

30-day review period allowed for public

comment or unless otherwise published

in the Federal Register by VA, the

routine use amendment is effective May

9, 1997.

ADDRESSES: Written comments

concerning the routine use amendment

may be mailed to the Director, Office of

Regulations Management (02D),

Department of Veterans Affairs, 810

Vermont Avenue, NW, Washington, DC

20420.

FOR FURTHER INFORMATION CONTACT:

Ruth-Ann Phelps, Ph.D., Health Systems

Specialist, Office of the Under Secretary

For Health, Patient Care Services, (202)

273–8473.

SUPPLEMENTARY INFORMATION:

Background

On July 27, 1990, the Department

published original notice of the system

of records (77VA11) at 55 FR 30790.

This system of records was re-published

in its entirety on June 13, 1991 at 56 FR

27292. Routine use number 19, and the

retention and disposal statement were

amended on July 30, 1993 at 58 FR

40852. This proposal intends to amend

routine use number 6 in order to adhere

to a change in VA policy as set forth

below. The proposed amendment is not

within the purview of subsection (r) of

the Privacy Act (5 U.S.C. 552a), as

amended, which would require the

submission of a new or altered system

report.

Policy

The Department of Veterans Affairs

(VA) is amending its policy regarding

initiating reporting to State Licensing

Boards to include current VA employees

who are licensed health care

professionals. Therefore, VA proposes to

add the words ‘‘currently employed’’ by

amendment to routine use number 6 of

the System of Records, 77VA11, Health

Care Provider Credentialing and

Privileging Records, where the existing

release authority is contained. VA has

long had a policy of initiating

communications with other Federal

Agencies, appropriate State Licensing

Boards, and appropriate nongovernmental entities about the

professional performance history of

former licensed health care

professionals. This includes those who

have been terminated for any reason, or

who have resigned or retired and whose

behavior or clinical practice so

substantially failed to meet generally

accepted standards of clinical practice

as to raise reasonable concern for the

safety of patients. This policy is

contained in 58 FR 48455, September

16, 1993, further explained at 38 CFR

part 47, and is recognized by Congress

in Section 204 of Pub. L. 99–166.

While VA has responded to inquiries

from appropriate State Licensing Boards

about the professional practice of its

current employees, it has generally

restricted its initiation of

communications to State Licensing

Boards regarding professional practice

standards to former licensed health care

employees. Generally, concerns about

clinical practice standards or behavior

of current VA licensed health care

professionals are addressed under

traditional management methods such

as mentorships, proctorships, coreviews and other controls designed to

insure patient safety. The scope of these

procedures, however, is limited to VA

supervised or controlled provision of

health care services and does not

consider, those licensed health care

professionals who, in addition to their

VA employment, either full-time or

part-time, may be providing health care

services outside of VA in a jurisdiction

where they are licensed. This is the

basis for making current VA licensed

health care professionals subject to the

same VA initiated reporting

requirements that have long existed for

former VA licensed health care

employees. Further, extending this

reporting practice is consistent with

VA’s commitment to promote patient

safety in the health care community at

large and is consistent with reporting

practices in private sector health care

facilities.

Authority

VA has broad authority to report both

employed or separated health care

professionals. VA has long-standing

statutory authority, contained in 38