Federal Register / Vol. 60, No. 101 / Thursday, May 25, 1995 / Notices 27785

application, subject to the filing and

service requirements specified above.

Such comments (referred to as

‘‘responses’’ in the procedural schedule)

should indicate the exact proceeding

designation and should be filed with the

Commission by June 9, 1995. Comments

shall include the following: the

commenter’s position in support of or in

opposition to the proposed transaction;

any and all evidence, including verified

statements, in support of or in

opposition to the proposed transaction;

and specific reasons why approval

would or would not be in the public

interest. Interested persons who do not

intend to participate formally in the

proceeding but who desire to comment

may also file statements, also subject to

the filing and service requirements

specified above. Persons must state

specifically whether they intend to

participate actively in the proceeding or

whether they wish only to be advised of

all decisions issued by the Commission.

Failure to state an intention to

participate as an active party will result

in the person being placed in the latter

category.

Because SPS/TUCO’s responsive

application contains proposed

conditions to approval of the primary

application in Finance Docket No.

32549, the Commission will entertain

no requests for affirmative relief to this

proposal. Parties may only participate in

direct support of or direct opposition to

SPS/TUCO’s responsive application as

filed.

This action will not significantly

affect either the quality of the human

environment or the conservation of

energy resources.

Decided: May 17, 1995.

By the Commission, Chairman Morgan,

Vice Chairman Owen, and Commissioners

Simmons and McDonald.

Vernon A. Williams,

Secretary.

[FR Doc. 95–12887 Filed 5–24–95; 8:45 am]

BILLING CODE 7035–01–P

[Finance Docket No. 32549 (Sub-No. 16)]

Western Fuels Service Corp.—

Trackage Rights Over The Atchison,

Topeka and Santa Fe Railway

Company Between Denver, CO, and

Holcomb, KS

AGENCY: Interstate Commerce

Commission.

ACTION: Decision No. 25; notice of

acceptance of responsive application

filed by Western Fuels Service Corp.

SUMMARY: The Commission is accepting

for consideration the application filed

by Western Fuels Service Corp. (WFSC)

for trackage rights over lines of The

Atchison, Topeka and Santa Fe Railway

Company (Santa Fe) in Colorado and

Kansas. This application is responsive

to the primary application filed by

Burlington Northern Railroad Company

(BN) and its corporate parent,

Burlington Northern Inc. (BNI), and

Santa Fe and its corporate parent, Santa

Fe Pacific Corporation (SFP), by which

primary applicants BNI, BN, SFP, and

Santa Fe seek approval for BNI’s

acquisition of, control of, and merger

with SFP, the resulting common control

of BN and Santa Fe by the merged

company, the consolidation of BN and

Santa Fe railroad operations, and the

merger of BN and Santa Fe.

DATES: The effective date of this

decision is May 25, 1995. Comments

regarding the WFSC responsive

application must be filed with the

Commission by June 9, 1995. Rebuttal in

support of the WFSC responsive

application must be filed by June 19,

1995. Briefs (not to exceed 50 pages)

must be filed by June 29, 1995.

ADDRESSES: An original and 20 copies of

all documents must refer to Finance

Docket No. 32549 (Sub-No. 16) and be

sent to the Office of the Secretary, Case

Control Branch, Attn: Finance Docket

No. 32549 (Sub-No. 16), Interstate

Commerce Commission, 1201

Constitution Avenue, N.W.,

Washington, D.C. 20423. Parties are

encouraged also to submit all pleadings

and attachments on a 3.5-inch diskette

in WordPerfect 5.1 format.

In addition, one copy of all

documents in this proceeding must be

served, by first class mail, on: the

Secretary of the Department of

Transportation; the Attorney General of

the United States; Administrative Law

Judge Jacob Leventhal, Federal Energy

Regulatory Commission, Office of

Hearings, 825 North Capitol Street, N.E.,

Washington, D.C. 20426; Betty Jo

Christian, Esq., Steptoe & Johnson, 1330

Connecticut Avenue, N.W., Washington,

D.C. 20036–1795 (representing primary

applicants BNI and BN); Erika Z. Jones,

Esq., Mayer, Brown & Platt, 2000

Pennsylvania Avenue, N.W., Suite 6500,

Washington, D.C. 20006 (representing

primary applicants SFP and Santa Fe);

and Peter Glaser, Esq., Doherty, Rumble

and Butler, P.C., 1625 M Street, N.W.,

Washington, D.C. 20036 (representing

responsive applicant WFSC).

Furthermore, one copy of all

documents in this proceeding must be

served, by first class mail, on all persons

designated parties of record [POR] on

the Commission’s service list, served on

May 19, 1995.

FOR FURTHER INFORMATION CONTACT: Julia

Farr, (202) 927–5352. [TDD for the

hearing impaired: (202) 927–5721.]

SUPPLEMENTARY INFORMATION: By this

responsive application, WFSC seeks

trackage rights over approximately 326

miles of Santa Fe’s lines between

Denver, CO, and Holcomb, KS, from the

BN Yard at Denver, CO (BN MP 541.2)

to the Santa Fe Yard at Pueblo, CO

(Santa Fe MP 733.4) to the Sunflower

Electric Station (also known as Holcomb

Station) at Holcomb, KS (Santa Fe MP

407.4). WFSC is a wholly owned

subsidiary of Western Fuels

Association, Inc. (WFA), a non-profit

fuel supply cooperative corporation

whose member-owners are municipally

and cooperatively owned electric

utilities located in the Rocky Mountain

West, the Midwest, the Southwest, and

Louisiana. Sunflower Electric Station is

a coal-burning electric generating

facility owned by Sunflower Electric

Power Corporation, a WFA member.

The trackage rights sought by WFSC are

intended to be used for the

transportation of coal moving to

Sunflower Electric Station.

WFSC’s responsive application

substantially complies with the

applicable regulations, and it has

therefore been accepted for

consideration by the Commission.

WFSC maintains, and we agree, that the

trackage rights sought in its responsive

application constitute a minor

transaction. See 49 CFR 1180.2(b) (a

transaction is minor if it does not

involve the control or merger of two or

more class I railroads and if it clearly

will not have any anticompetitive

effects).

The responsive application and

exhibits are available for inspection in

the Public Docket Room at the offices of

the Commission in Washington, D.C. In

addition, they may be obtained upon

request from WFSC’s representative

named above.

This responsive application is

consolidated for disposition with the

Finance Docket No. 32549 primary

application (and all embraced

proceedings). Service of an initial

decision will be waived, and

determination of the merits of the

responsive application will be made in

the first instance by the entire

Commission. 49 U.S.C. 11345(f).

Interested persons may participate

formally by submitting written

comments regarding the responsive

application, subject to the filing and

service requirements specified above.

Such comments (referred to as

‘‘responses’’ in the procedural schedule)

should indicate the exact proceeding
27786 Federal Register / Vol. 60, No. 101 / Thursday, May 25, 1995 / Notices

designation and should be filed with the

Commission by June 9, 1995. Comments

shall include the following: The

commenter’s position in support of or in

opposition to the proposed transaction;

any and all evidence, including verified

statements, in support of or in

opposition to the proposed transaction;

and specific reasons why approval

would or would not be in the public

interest. Interested persons who do not

intend to participate formally in the

proceeding but who desire to comment

may also file statements, also subject to

the filing and service requirements

specified above. Persons must state

specifically whether they intend to

participate actively in the proceeding or

whether they wish only to be advised of

all decisions issued by the Commission.

Failure to state an intention to

participate as an active party will result

in the person being placed in the latter

category.

Because WFSC’s responsive

application contains proposed

conditions to approval of the primary

application in Finance Docket No.

32549, the Commission will entertain

no requests for affirmative relief to this

proposal. Parties may only participate in

direct support of or direct opposition to

WFSC’s responsive application as filed.

This action will not significantly

affect either the quality of the human

environment or the conservation of

energy resources.

Decided: May 17, 1995.

By the Commission, Chairman Morgan,

Vice Chairman Owen, and Commissioners

Simmons and McDonald.

Vernon A. Williams,

Secretary.

[FR Doc. 95–12889 Filed 5–24–95; 8:45 am]

BILLING CODE 7035–01–P

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree

Pursuant to the Clean Air Act

In accordance with Department

policy, 28 C.F.R. 50.7, notice is hereby

given that a proposed consent decree in

United States v. Barsotti’s Inc. Civil

Action No. C–95–20310 RMW (PVG),

was lodged on May 10, 1995 with the

United States District Court for the

Northern District of California. The

compliant seeks civil penalties and

injunctive relief for violations of the

Clean Air Act and National Emission

Standards for Hazardous Air Pollutants

(‘‘NESHAP’’) for asbestos. 40 C.F.R. Part

61, Subpart M (1991). The compliant

alleges that Barsotti violated the

Asbestos NESHAP’s Standard for

Demolition and Renovation, 40 C.F.R.

61.145, during the renovation of Pacific

Gas and Electric Co.’s Moss Landing

Power Plant in Moss Landing, California

in September 1992. Barsotti violated 40

C.F.R. 61.145(b) by: (1) Failing to

adequately wet the regulated asbestoscontaining material (‘‘RACM’’) during

the stripping operation, (2) failing to

keep the RACM wet prior to disposal

and (3) failing to carefully lower the

RACM to the ground to prevent releases

of asbestos. The consent decree requires

Barsotti to pay a penalty of $68,000,

which will be shared equally with the

Monterey Unified Air Pollution Control

District, and requires Barsotti to

implement an asbestos management

program and an asbestos training

program if it should engage in future

asbestos abatement activities.

The Department of Justice will

receive, for a period of thirty (30) days

from the date of this publication,

comments relating to the proposed

consent decree. Comments should be

addressed to the Assistant Attorney

General for the Environment and

Natural Resources Division, Department

of Justice, Washington, D.C. 20530, and

should refer to United States v.

Barsotti’s, Inc. DOJ Ref. #90–5–21–1905.

The proposed consent decree may be

examined at the Office if the United

States Attorney Nothern District of

California, 450 Golden Gate avenue, San

Francisco, CA 94102; Office of the

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94102; and at the Consent

Decree Library, 1120 G Street, N.W., 4th

Floor, Washington, D.C. 20005, (202)

624–0892. A Copy of the proposed

consent decree may be obtained in

person or by mail from the Consent

Decree Library, 1120 G Street, N.W., 4th

Floor, Washington, D.C. 20005. In

requesting a copy please refer to the

referenced case and enclose a check in

the amount of $5.50 (25 cents per page

reproduction costs), payable to the

Consent Decree Library.

Joel M. Gross,

Acting Chief, Environmental Enforcement

Section, Environment and Natural Resources

Division.

[FR Doc. 95–12868 Filed 5–24–95; 8:45 am]

BILLING CODE 4410–10–M

Notice of Lodging of Consent Decree

Pursuant to the Clean Water Act

In accordance with Departmental

policy, 28 CFR 50.7, 38 Fed. Reg. 19029,

notice is hereby given that on May 16,

1995, a proposed Consent Decree in

United States v. James River Paper

Company, Civil Action No. 95–258–JD

was lodged with the United States

District Court for the District of New

Hampshire resolving the matters alleged

in a complaint filed simultaneously

with the Consent Decree. The proposed

Consent Decree concerns alleged

violations by James River of Sections

309(b) and (d) of the Clean Water Act

(‘‘CWA’’), 33 U.S.C. 1319(b) and (d),

Sections 3008(a) and (g) of the Resource

Conservation and Recovery Act

(‘‘RCRA’’), 42 U.S.C. 6928(a) and (g),

Section 109(c) of the Comprehensive

Environmental Response,

Compensation, and Liability Act

(‘‘CERCLA’’), 42 U.S.C. 9609(c), and

Section 325(b)(3) of the Emergency

Planning and Community Right-toKnow Act (‘‘EPCRA’’), 42 U.S.C.

11045(b)(3), at pulp and paper mills

operated by James River in Gorham and

Berlin, New Hampshire.

The CWA violations alleged in the

complaint include: violations of the

federal pretreatment standards and

National Prohibited Discharge Standard;

the unauthorized discharge of pollutants

without a permit; and the discharge of

pollutants in excess of levels allowed

under a permit. The RCRA violation

alleged in the complaint includes the

disposal of hazardous waste without a

permit. Finally, the CERCLA and

EPCRA violations alleged in the

complaint include the failure to timely

report the spill of sulfuric acid at the

pulp mill.

Under the terms of the Consent

Decree, the defendant will pay a civil

penalty of $200,000 to the United States

and will be required to comply with the

Clean Water Act. In addition, the

defendant will be required to install

equipment at the pulp mill necessary to

reduce certain sulfur emissions from

wastewater effluent.

The Department of Justice will

receive, for a period of thirty (30) days

from the date of this publication

comments relating to the proposed

Consent Decree. Comments should be

addressed to the Assistant Attorney

General, Environment and Natural

Resources Division, U.S. Department of

Justice, Washington, D.C. 20530, and

should refer to United States v. James

River Paper Company, D.J. Ref. 90–5–1–

1–4123.

The proposed Consent Decree may be

examined at the Region I Office of the

Environmental Protection Agency, One

Congress Street, Boston, Massachusetts,

and at the office of the United States

Attorney, District of New Hampshire, 55

Pleasant Street, Concord, New

Hampshire, c/o Gretchen L. Witt,

Assistant U.S. Attorney. Copies of the

Consent Decree may also be examined at

the Consent Decree Library, 1120 G.