27328 Federal Register / Vol. 60, No. 99 / Tuesday, May 23, 1995 / Notices

Reclamation (Reclamation) intends to

prepare a programmatic environmental

impact statement (PEIS) for

implementing provisions of the

legislation authorizing the Yakima River

Basin Water Enhancement Project

(Enhancement Project). The purpose of

the Enhancement Project is to meet the

competing needs of the Yakima River

basin through improved water

conservation and management, and

other appropriate means. This may

include reducing water diversions by

improving conveyance, distribution,

and onfarm irrigation facilities; and

changing operations, management, and

administration of Yakima River basin

water. Conserved water will be used to

increase instream flows and provide a

more stable irrigation supply. The

Enhancement Project legislation also

authorizes actions on the Yakima Indian

Reservation to benefit the members of

the Yakima Indian Nation.

FOR FURTHER INFORMATION CONTACT:

Mr. Cline Sweet, Environmental

Program Manager, Upper Columbia Area

Office, Bureau of Reclamation, PO Box

1749, Yakima, WA 98907–1749;

telephone (509) 575–5848.

SUPPLEMENTARY INFORMATION:

Background

Federal involvement in the Yakima

River basin began in 1905 with

authorization of the first facilities of the

Yakima Project. The Yakima Project

now consists of seven divisions: A

storage division consisting of seven

reservoirs and six water service

divisions with separate diversion,

conveyance, and distribution facilities.

The Yakima River basin is highly

dependent upon water from the Yakima

River and its tributaries to meet a

multitude of economic, environmental,

and societal needs. The Yakima Project

provides the primary facilities for the

regulation and use of basin waters.

Congress first authorized a study of

the Enhancement Project in 1979. Phase

one of the Enhancement Project was

implemented in 1984 when Congress

authorized the Secretary of the Interior,

through Reclamation, to construct fish

passage and protective facilities in the

Yakima River basin. The work was

performed in partnership with the

Bonneville Power Administration, the

State of Washington, and others under

the auspices of the Fish and Wildlife

Program of the Northwest Power

Planning Council.

The Columbia River Basin Fish and

Wildlife Program adopted by the

Northwest Power Planning Council in

1982 identified the Yakima River basin

as one of the areas with the greatest

potential for the production of salmon

and steelhead. With the existing project

facilities and operational requirements,

maintaining a stable irrigation water

supply and instream flows for the

maintenance and enhancement of

salmon and steelhead in the Yakima

River basin is difficult to achieve.

In dry years, the water supply

available is allocated among the water

users pursuant to entitlements set forth

in a Federal District Court Judgment of

January 31, 1945 (1945 Consent Decree).

The 1945 Consent Decree requires

reductions in the water supply available

to junior water right holders before any

reductions to senior right holders.

Additionally, a Federal Court directive

on November 28, 1980, requiring

Reclamation to make releases from

Yakima Project reservoirs to assure

adequate instream flows for anadromous

fish spawning and rearing further

reduces the reliability of irrigation water

supplies.

Current Activities

The Enhancement Project legislation

established the Yakima River Basin

Water Conservation Program which is

central to balancing the competing

demands on the basin’s water supply.

This voluntary program will reduce

demands on the available water supply

by promoting conservation measures to

improve:

• The efficiency of water delivery and

use.

• Instream flows for fish and wildlife.

• The reliability of the irrigation

water supply.

The actual measures that will be

adopted depend on the preparation of

water conservation plans detailing what

can be done. Cost effectiveness will be

considered and separate NEPA

compliance will be completed when

recommending water conservation

actions for implementation. The water

conservation measures will occur in

steps over a period of years providing

the opportunity to monitor, evaluate,

and adjust subsequent measures.

The legislation also directs the

Secretary of the Interior to establish a

conservation advisory group, in

consultation with the State of

Washington, the Yakama Indian Nation,

the Yakima River basin irrigators, and

other interested parties. A charter for

the group has been drafted and

nominees are being sought.

The legislation was developed by a

consortium of local, tribal, State, and

Federal entities involved with water

resource activities in the basin and is

the result of a consensus building effort

to structure an acceptable,

comprehensive approach to the basin’s

water problems. An extensive scoping

effort will be conducted by mail along

with public scoping sessions which will

be scheduled at a later date.

Alternative Measures

The PEIS will serve as an umbrella

document to ensure that the interaction

and cumulative effects of all activities

proposed for implementation under

Title XII of the Act of October 31, 1994

(Pub. L. 103–434), which authorized the

Enhancement Project, are addressed.

The provisions and measures for the

legislation will set the limits on

activities to be evaluated in the PEIS.

Two major alternatives are being

considered: action, i.e., implementing

the legislation, and no action. The

action alternative will be an incremental

analysis showing impacts at different

levels of implementation of project

components. Separate NEPA analyses

addressing various alternatives will be

conducted for site specific actions not

covered in sufficient detail in the PEIS.

Potential Federal Action

Reclamation is seeking funding to

implement Public Law 103–434. The

draft PEIS is expected to be completed

in June of 1996.

Anyone interested in more

information concerning the study, or

who has information concerning the

study or suggestions as to significant

environmental issues, should contact

Mr. Sweet as provided above.

Dated: April 27, 1995.

John W. Keys, III,

Regional Director, Pacific Northwest Region.

[FR Doc. 95–12559 Filed 5–22–95; 8:45 am]

BILLING CODE 4310–94–M

INTERSTATE COMMERCE

COMMISSION

[Docket No. AB–55 (Sub-No. 506X)]

CSX Transportation, Inc.—

Abandonment Exemption—in Fannin

County, GA

CSX Transportation, Inc. (CSXT), has

filed a notice of exemption under 49

CFR 1152 Subpart F—Exempt

Abandonments to abandon

approximately 14.23 miles of rail line

extending between milepost LKX–

382.47 at McCaysville and milepost

LKX–396.7 at Blue Ridge, in Fannin

County, GA.

CSXT has certified that: (1) No local

traffic has moved over the line for at

least 2 years; (2) there is no overhead

traffic on the line; (3) no formal

complaint filed by a user of rail service

on the line (or by a state or local
Federal Register / Vol. 60, No. 99 / Tuesday, May 23, 1995 / Notices 27329

1A stay will be issued routinely 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 grounds is encouraged to file

promptly so that the Commission may act on the

request before the effective date.

2See Exempt. of Rail Abandonment Offers of

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

3The Commission will accept late-filed trail use

statements so long as it retains jurisdiction.

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 report), 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 22,

1995 (unless stayed pending

reconsideration). Petitions to stay that

do not involve environmental issues,1

formal expressions of intent to file OFA

under 49 CFR 1152.27(c)(2),2 and trail

use/rail banking requests under 49 CFR

1152.29 3 must be filed by June 2, 1995.

Petitions to reopen or requests for

public use conditions under 49 CFR

1152.28 must be filed by June 12, 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: Charles M.

Rosenberger, CSX Transportation, Inc.,

500 Water Street J150, Jacksonville, FL

32202.

If the notice of exemption contains

false or misleading information, the

exemption is void ab initio.

CSXT has filed an environmental

report which addresses the

abandonment’s effects, if any, on the

environment and historic resources. The

Section of Environmental Analysis

(SEA) will issue an environmental

assessment (EA) by May 26, 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

becomes 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 16, 1995.

By the Commission, Joseph H. Dettmar,

Acting Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 95–12554 Filed 5–22–95; 8:45 am]

BILLING CODE 7035–01–P

DEPARTMENT OF JUSTICE

Notice of Lodging of Settlement

Pursuant to the Clean Air Act

In accordance with Departmental

policy, 28 CFR 50.7, notice is hereby

given that on May 15, 1995 a proposed

Joint Stipulation And Order of

Dismissal in United States v. Jeffrey M.

Kanter and Kanter Cars, Inc. Civil

Action No. 1:95 CV 1073 was lodged

with the United States District Court for

the Northern District of Ohio. This Joint

Stipulation And Order of Dismissal

represents a settlement of claims against

Jeffrey M. Kanter and Kanter Cars, Inc.

for violations of the Clean Air Act.

On May 15, 1995, the United States

filed a Complaint pursuant to Sections

204 and 205 of the Clean Air Act

(‘‘CAA’’ or ‘‘the Act’’), 42 U.S.C. 7523

and 7524, for injunctive relief and

assessment of civil penalties against

Jeffrey M. Kanter and Kanter Cars, Inc.

The Complaint alleged that Jeffrey M.

Kanter and Kanter Cars, Inc. violated

CAA Section 203(a)(1), 42 U.S.C.

7522(a)(1), by manufacturing and selling

Citroen 2CV based automobiles which

were not covered by certificates of

conformity issued under CAA Section

206(a), 42 U.S.C. 7525(a). The United

States, Jeffrey M. Kanter, and Kanter

Cars, Inc. have reached a settlement

which resolves the issues set forth in the

Complaint. Under this settlement,

Jeffrey M. Kanter and Kanter Cars, Inc.

will pay the United States a civil

penalty of $4800.00.

The Department of Justice will receive

for a period of thirty (30) days from the

date of this publication comments

relating to the proposed Joint

Stipulation And Order of Dismissal.

Comments should be addressed to the

Assistant Attorney General of the

Environment and Natural Resources

Division, Department of Justice,

Washington, D.C. 20530, and should

refer to United States v. Jeffrey M.

Kanter and Kanter Cars, Inc., D.J. ref.

90–5–2–1–1870A.

The proposed Joint Stipulation And

Order of Dismissal may be examined at

the Office of the United States Attorney,

Northern District of Ohio, 1800 Bank

One Center, 600 Superior Ave,

Cleveland, OH 44114–2600 and at the

Consent Decree Library, 1120 G Street,

NW., 4th Floor, Washington, DC 20005.

A copy of the proposed Joint Stipulation

And Order of Dismissal may be obtained

in person or by mail from the Consent

Decree Library, 1120 G Street, NW., 4th

Floor, Washington, DC 20005. In

requesting a copy, please enclose a

check in the amount of $2.00 (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. 95–12560 Filed 5–22–95; 8:45 am]

BILLING CODE 4410–01–M

LIBRARY OF CONGRESS

Copyright Office

[Docket No. 95–5]

Request for Comments on the Waiver

of Moral Rights in Visual Artworks

AGENCY: Copyright Office, Library of

Congress.

ACTION: Notice of hearing and request

for public comment.

SUMMARY: The Copyright Office is

holding a public hearing to solicit

comments on the effect of the waiver of

moral rights provision of the Visual

Artists Rights Act of 1990 (VARA).

Section 608 of VARA requires the

Copyright Office to study the effect of

VARA’s waiver provision and to publish

its findings. To fulfill the statutory

obligations of section 608, the Copyright

Office is examining the extent to which

authors waive moral rights in their

visual artworks under the waiver

provision. The Office also will accept

written comments.

DATES: The public hearing will be held

on Wednesday, June 21, 1995, from

10:00 a.m. to 4:00 p.m. Requests to

present oral testimony at the hearing

should be received on or before June 16,

1995. Written comments by those

persons testifying at the hearing should