Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices 26739

1 DART acquired this line of railroad from the

Missouri Pacific Railroad Company (MP) in 1990,

with MP retaining trackage rights. MP discontinued

its trackage rights through a 1992 relocation of its

operations, and later abandoned three miles of

trackage (as to which MP had retained ownership)

south from the current end of track at milepost

763.0 into Dallas. This right-of-way south of the line

is now used as a recreational trail.

2A stay will be issued routinely by the

Commission in those proceedings where an

informed decision on environmental issues

(whether raised by a party or by the Commission’s

Section of Environmental Analysis in its

independent investigation) cannot be made prior to

the effective date of the notice of exemption. See

Exemption of Out-of-Service Rail Lines, 5 I.C.C.2d

377 (1989). Any entity seeking a stay on

environmental concerns is encouraged to file its

request as soon as possible in order to permit the

Commission to review and act on the request before

the effective date of this exemption.

3See Exempt. of Rail Abandonment—Offers of

Finan. Assist., 4 I.C.C.2d 164 (1987).

4The Commission will accept a late-filed trail use

request as long as it retains jurisdiction to do so.

INTERSTATE COMMERCE

COMMISSION

[Docket No. AB–439X]

Dallas Area Rapid Transit—

Abandonment Exemption—in Dallas

County, TX

Dallas Area Rapid Transit (DART), a

political subdivision of the State of

Texas, has filed a notice of exemption

under 49 CFR 1152 Subpart F—Exempt

Abandonments to abandon a portion of

its line of railroad, known as the

Garland Line, between milepost 762.26

and milepost 763.0, in the City of

Dallas, Dallas County, TX, a distance of

.74 miles.1

DART has certified that: (1) No loca1

traffic has moved over the line for at

least 2 years; (2) any overhead traffic

can be rerouted over other lines; (3) no

formal complaint filed by a user of rail

service on the line (or by a State or local

government entity acting on behalf of

such user) regarding cessation of service

over the line either is pending with the

Commission or with any U.S. District

Court or has been decided in favor of

the complainant within the 2-year

period; and (4) the requirements at 49

CFR 1105.7 (environmental reports), 49

CFR 1105.8 (historic reports), 49 CFR

1105.11 (transmittal letter), 49 CFR

1105.12 (newspaper publication), and

49 CFR 1152.50(d)(1) (notice to

governmental agencies) have been met.

As a condition to use of this

exemption, any employee adversely

affected by the abandonment shall be

protected under Oregon Short Line R.

Co.—Abandonment—Goshen, 360 I.C.C.

91 (1979). To address whether this

condition adequately protects affected

employees, a petition for partial

revocation under 49 U.S.C. 10505(d)

must be filed.

Provided no formal expression of

intent to file an offer of financial

assistance (OFA) has been received, this

exemption will be effective on June 17,

1995, unless stayed pending

reconsideration. Petitions to stay that do

not involve environmental issues,2

formal expressions of intent to file an

OFA under 49 CFR 1152.27(c)(2),3 and

trail use/rail banking requests under 49

CFR 1152.29 4 must be filed by May 30,

1995. Petitions to reopen or requests for

public use conditions under 49 CFR

1152.28 must be filed by June 7, 1995,

with: Office of the Secretary, Case

Control Branch, Interstate Commerce

Commission, Washington, DC 20423.

A copy of any pleading filed with the

Commission should be sent to

applicant’s representative: Kevin M.

Sheys, 1020 19th St., N.W., Suite 400,

Washington, DC 20036.

If the notice of exemption contains

false or misleading information, the

exemption is void ab initio.

DART has filed an environmental

report which addresses the

abandonment’s effects, if any, on the

environmental and historic resources.

The Section of Environmental Analysis

(SEA) will issue an environmental

assessment (EA) by May 23, 1995.

Interested persons may obtain a copy of

the EA by writing to SEA (Room 3219,

Interstate Commerce Commission,

Washington, DC 20423) or by calling

Elaine Kaiser, Chief of SEA, at (202)

927–6248. Comments on environmental

and historic preservation matters must

be filed within 15 days after the EA is

available to the public.

Environmental, historic preservation,

public use, or trail use/rail banking

conditions will be imposed, where

appropriate, in a subsequent decision.

Decided: May 11, 1995.

By the Commission, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 95–12252 Filed 5–17–95; 8:45 am]

BILLING CODE 7035–01–P

JOINT BOARD FOR THE

ENROLLMENT OF ACTUARIES

Advisory Committee on Actuarial

Examinations; Meeting

Notice is hereby given that the

Advisory Committee on Actuarial

Examinations will meet in the

Conference Room of the Office of

Director of Practice, Suite 600, 801

Pennsylvania Avenue NW., Washington,

DC, on Thursday and Friday, June 22

and 23, 1995, from 8:30 a.m. to 5:00

p.m. each day.

The purpose of the meeting is to

discuss topics and questions which may

be recommended for inclusion of future

Joint Board examinations in actuarial

mathematics and methodology referred

to in Title 29 U.S. Code, section

1242(a)(1)(B) and to review the May

1995 Joint Board examinations in order

to make recommendations relative

thereto, including the minimum

acceptable pass score. Topics for

inclusion on the syllabus for the Joint

Board’s examination program for the

November 1995 pension actuarial

examination and the May 1996 basic

actuarial examinations will be

discussed. In addition, the possibility of

having single true/false questions with a

lower weighting than other questions on

the Pension Examination will be

discussed.

A determination as required by

section 10(d) of the Federal Advisory

Committee Act (Pub. L. 92–463) that the

portions of the meeting dealing with the

discussion of questions which may

appear on future Joint Board

examinations and review of the May

1995 Joint Board examination fall

within the exceptions to the open

meeting requirement set forth in Title 5

U.S. Code, section 552(c)(9)(B), and that

the public interest requires that such

portions be closed to public

participation.

The portion of the meeting dealing

with the discussion of the other topics

will commence at 1:30 p.m. on June 22

and will continue for as long as

necessary to complete the discussion,

but not beyond 3:00 p.m. This portion

of the meeting will be open to the public

as space is available. Time permitting,

after the close of this discussion by

Committee members, interested persons

may make statements germane to this

subject. Persons wishing to make oral

statements are requested to notify the

Acting Committee Management Officer

in writing prior to the meeting in order

to aid in scheduling the time available,

and should submit the written text, or,

at a minimum, an outline of comments

they propose to make orally. Such

comments will be limited to ten minutes

in length. Any interested person also

may file a written statement for

consideration by the Joint Board and

Committee by sending it to the Acting

Committee Management Officer.

Notifications and statements should be

mailed no later than June 6, 1995 to Mr.

Robert I. Brauer, Joint Board for the

Enrollment of Actuaries, c/o U.S.

Department of the Treasury,

Washington, DC 20220.
26740 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Notices

Dated: May 15, 1995.

Rober I. Brauer,

Acting Advisory Committee Management

Officer, Joint Board for the Enrollment of

Actuaries.

[FR Doc. 95–12210 Filed 5–17–95; 8:45 am]

BILLING CODE 4810–25–M

DEPARTMENT OF JUSTICE

Notice of Lodging a Final Judgment by

Consent Pursuant to the

Comprehensive Environmental

Response Compensation and Liability

Act (CERCLA)

Notice is hereby given that on May 11,

1995, a proposed consent decree in

United States v. ACF Industries, Inc.,

Civ. A. No. 2.95–0360, was lodged with

the United States District Court for the

Southern District of West Virginia. The

complaint in this action seeks recovery

of costs and injunctive relief under

Sections 106 and 107(a) of the

Comprehensive Environmental

Response, Compensation and Liability

Act (‘‘CERCLA’’), as amended by the

Superfund Amendments and

Reauthorization Act of 1986, Pub. L. 99–

499, 42 U.S.C. §§ 9606, 9607(a). This

action involves the ACF Industries Site

near Eleanor, West Virginia, a property

which the United States acquired by

eminent domain in December 1989.

Under the proposed Consent Decree,

AFC Industries Inc. will pay $2,000,000

for costs incurred by the United States

in performing certain response actions

at the Site. The Decree also requires

ACF Industries Inc. to perform certain

response actions for the Site.

The Department of Justice will receive

comments relating to the proposed

consent decree for a period of thirty

days from the date of publication of this

notice. Comments should be addressed

to the Assistant Attorney General of the

Environment and Natural Resources

Division, Department of Justice, P.O.

Box 7611, Ben Franklin Station,

Washington, DC 20044, and should refer

to United States v. ACF Industries, Inc.,

DOJ Reference No. 90–11–2–681.

The proposed consent decree may be

examined at the Office of the United

States Attorney for the Southern District

of West Virginia, 500 Quarrier St., Room

3201, Charleston, West Virginia, offices

of the U.S. Army Corps of Engineers

Huntington District, 502 Eighth Street,

Huntington, West Virginia 25701, and at

the Consent Decree Library, 1120 ‘‘G’’

Street, NW, 4th Floor, Washington, DC

20005, (202) 624–0892. A copy of the

proposed decree may be obtained in

person or by mail from the Consent

Decree Library at the address listed

above. In requesting a copy, please refer

to the referenced case and number, and

enclose a check in the amount of $16.50

(25 cents per page reproduction costs),

payable to the Consent Decree Library.

Joel M. Gross,

Acting Section Chief, Environment

Enforcement Section, Environmental and

Natural Resources Division.

[FR Doc. 95–12236 Filed 5–17–95; 8:45 am]

BILLING CODE 4410–01–M

DEPARTMENT OF LABOR

Pension and Welfare Benefits

Administration

[Prohibited Transaction Exemption 95–36;

Exemption Application No. D–09798, et al.]

Grant of Individual Exemptions;

Amended Profit Sharing Plan and Trust

of Walker Products Co., Inc., et al.

AGENCY: Pension and Welfare Benefits

Administration, Labor.

ACTION: Grant of individual exemptions.

SUMMARY: This document contains

exemptions issued by the Department of

Labor (the Department) from certain of

the prohibited transaction restrictions of

the Employee Retirement Income

Security Act of 1974 (the Act) and/or

the Internal Revenue Code of 1986 (the

Code).

Notices were published in the Federal

Register of the pendency before the

Department of proposals to grant such

exemptions. The notices set forth a

summary of facts and representations

contained in each application for

exemption and referred interested

persons to the respective applications

for a complete statement of the facts and

representations. The applications have

been available for public inspection at

the Department in Washington, DC. The

notices also invited interested persons

to submit comments on the requested

exemptions to the Department. In

addition the notices stated that any

interested person might submit a

written request that a public hearing be

held (where appropriate). The

applicants have represented that they

have complied with the requirements of

the notification to interested persons.

No public comments and no requests for

a hearing, unless otherwise stated, were

received by the Department.

The notices of proposed exemption

were issued and the exemptions are

being granted solely by the Department

because, effective December 31, 1978,

section 102 of Reorganization Plan No.

4 of 1978 (43 FR 47713, October 17,

1978) transferred the authority of the

Secretary of the Treasury to issue

exemptions of the type proposed to the

Secretary of Labor.

Statutory Findings

In accordance with section 408(a) of

the Act and/or section 4975(c)(2) of the

Code and the procedures set forth in 29

CFR part 2570, subpart B (55 FR 32836,

32847, August 10, 1990) and based upon

the entire record, the Department makes

the following findings:

(a) The exemptions are administratively

feasible;

(b) They are in the interests of the plans

and their participants and beneficiaries; and

(c) They are protective of the rights of the

participants and beneficiaries of the plans.

Amended Profit Sharing Plan and Trust

of Walker Products Co., Inc. (the P/S

Plan)

Located in Lincoln, Kansas

[Prohibited Transaction Exemption 95–36;

Exemption App. No. D–09798]

Exemption

The restrictions of sections 406(a),

406(b)(1) and (b)(2) of the Act and the

sanctions resulting from the application

of section 4975 of the Code, by reason

of section 4975(c)(1) (A) through (E) of

the Code, shall not apply to the sale of

certain farm land (the Land) by the P/

S Plan to Mr. Lloyd Walker, a 331⁄3%

shareholder of the P/S Plan sponsor and

a party in interest with respect to the P/

S Plan, provided that the following

conditions are satisfied:

(1) The sale will be a one-time cash

transaction;

(2) The P/S Plan will receive the fair

market value of the Land as determined

at the time of the sale by an

independent, qualified appraiser;

(3) The P/S Plan will pay no expenses

associated with the sale; and

(4) The terms of this transaction are at

least as favorable to the P/S Plan as an

arms-length transaction between

unrelated parties.

For a complete statement of the facts

and representations supporting the

Department’s decision to grant this

exemption refer to the notice of

proposed exemption published on

March 20, 1995 at 60 FR 14792/14793.

FOR FURTHER INFORMATION CONTACT:

Ekaterina A. Uzlyan of the Department,

telephone (202) 219–8883. (This is not

a toll-free number.)

The Travelers Separate Account ‘‘R’’

(SAR)

Located in Hartford, Connecticut

[Prohibited Transaction Exemption 95–37;

App. No. D–09827]

Exemption

The restrictions of sections 406(a),

406(b)(1) and 406(b)(2) of the Act and