Federal Register / Vol. 60, No. 241 / Friday, December 15, 1995 / Notices 64447

has determined that certain lands will

not be needed in connection with the

flood control facilities and has cancelled

its application for those lands. The

lands are described as follows:

Mount Diablo Meridian

T. 22 S., R. 60 E.,

Sec. 8, E1⁄2W1⁄2SW1⁄4NW1⁄4 and

E1⁄2W1⁄2NW1⁄4SW1⁄4;

Sec. 17, N1⁄2SE1⁄4SW1⁄4NE1⁄4,

NE1⁄4SE1⁄4NE1⁄4, W1⁄2SW1⁄4NE1⁄4SW1⁄4,

NE1⁄4SW1⁄4NE1⁄4SW1⁄4, NW1⁄4NE1⁄4SW1⁄4,

E1⁄2SE1⁄4NW1⁄4SW1⁄4, and

W1⁄2NW1⁄4SW1⁄4;

Sec. 18, S1⁄2NE1⁄4SE1⁄4, SW1⁄4NW1⁄4SE1⁄4,

W1⁄2SE1⁄4NW1⁄4SE1⁄4,

E1⁄2NW1⁄4NW1⁄4SE1⁄4,

E1⁄2NE1⁄4NE1⁄4SW1⁄4, E1⁄2NE1⁄4NW1⁄4,

E1⁄2SE1⁄4NW1⁄4, E1⁄2W1⁄2NE1⁄4NW1⁄4,

E1⁄2W1⁄2SE1⁄4NW1⁄4, W1⁄2NE1⁄4,

W1⁄2SE1⁄4NE1⁄4, W1⁄2NE1⁄4NE1⁄4,

W1⁄2SE1⁄4NE1⁄4NE1⁄4, and

W1⁄2E1⁄2SE1⁄4NE1⁄4.

The lands described aggregate 317.50 acres

in Clark County.

At 9 a.m. on January 16, 1996 the

lands will be opened to the operation of

the public land laws generally, subject

to valid existing rights, the provision of

existing withdrawals, other segregation

of record, and the requirements of

applicable law. All valid applications

received at or prior to 9 a.m. on January

16, 1996, shall be considered as

simultaneously filed at that time. Those

received thereafter shall be considered

in the order of filing.

At 9 a.m. on January 16, 1996 the

lands will be opened to location and

entry under the United States mining

laws, subject to valid existing rights, the

provision of existing withdrawals, other

segregation of record, and the

requirements of applicable law.

Appropriation of any of the lands

described in this order under the

general mining laws prior to the date

and time of restoration is unauthorized.

Any such attempted appropriation,

including attempted adverse possession

under 30 U.S.C. 38 (1988), shall vest no

rights against the United States. Acts

required to establish a location and to

initiate a right of possession are

governed by State law where not in

conflict with Federal law. The Bureau of

Land Management will not intervene in

disputes between rival locators over

possessory rights since Congress has

provided for such determinations in

local courts.

Dated: December 1, 1995

William K. Stowers

Lands Team Lead.

[FR Doc. 95–30539 Filed 12–14–95; 8:45 am]

BILLING CODE 4310-HC-P

Fish and Wildlife Service

Endangered and Threatened Species

Permits

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice.

SUMMARY: Notice is hereby given that

Region 1 of the U.S. Fish and Wildlife

Service has issued the following

permits, between April 1, 1995 and

September 30, 1995, for incidental take

of threatened or endangered species

from applications duly received

according to section 10 of the

Endangered Species Act of 1973, as

amended (Act). Each permit listed as

issued was granted only after it was

determined to be applied for in good

faith, and that it was consistent with the

Act and applicable regulations.

Name Permit

No.

Issuance

date

Fieldstone/La Costa Associates and City of

Carlsbad .................... 795759 6/7/95

City of Waterford, CA. .. 801047 6/9/95

Murray Pacific Corporation ............................ 777837 6/26/95

Clark County; Cities of

Las Vegas North Las

Vegas, Henderson,

Boulder City, and

Mesquite, NV.; Nevada Department of

Transportation ........... 801045 7/11/95

Estate of Edward V.

Regli .......................... 803749 8/30/95

Nevada Division of

State Parks ............... 804120 9/1/95

FOR FURTHER INFORMATION CONTACT:

Chief, Division of Consultation and

Conservation Planning, U.S. Fish and

Wildlife Service, 911 NE 11th Avenue,

Portland, Oregon 97232–4181 (503–

231–6241). Please refer to the permit

number listed above when requesting

information.

Dated: December 8, 1995.

Thomas J. Dwyer,

Deputy Regional Director, Region 1 Portland,

Oregon.

[FR Doc. 95–30567 Filed 12–14–95; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF INTERIOR

Fish and Wildlife Service

Availability of a Draft Environmental

Impact Statement/Environmental

Impact Report and Receipt of

Applications for Incidental Take

Permits Associated With a Natural

Community Conservation Plan/Habitat

Conservation Plan for the Central and

Coastal Subregion, Orange County,

California

AGENCY: Fish and Wildlife, Interior.

ACTION: Notice of availability.

SUMMARY: Orange County (lead

applicant), the University of California

at Irvine, the Transportation Corridor

Agency, Metropolitan Water District,

Santiago County Water District, Irvine

Ranch Water District, The Irvine

Company, Chandis-Sherman

Companies, and Southern California

Edison each have applied to the Fish

and Wildlife Service (Service) for 75-

year incidental take permits pursuant to

section 10(a)(1)(B) of the Endangered

Species Act of 1973, as amended (Act).

In addition, the Service anticipates that

the cities of Anaheim, Costa Mesa,

Irvine, Laguna Beach, Laguna Niguel,

Lake Forest, Newport Beach, Orange,

and Tustin also will apply for

individual permits. This notice advises

the public that the application package

for these related permits is available for

public review. The package includes a

Natural Community Conservation Plan/

Habitat Conservation Plan (NCCP/HCP)

for the Central and Coastal Subregion of

Orange County, a draft Implementing

Agreement (IA), and a draft joint

programmatic Environmental Impact

Statement/Environmental Impact Report

(EIS/EIR).

The proposed incidental take would

occur due to habitat loss resulting from

residential, commercial, and

recreational developments with

associated infrastructure. The proposed

permits would authorize the incidental

take of the threatened coastal California

gnatcatcher (Polioptila californica

californica) and endangered peregrine

falcon (Falco peregrinus). Under special

conditions, incidental take also would

be authorized for the endangered

Riverside fairy shrimp (Streptocephalus

woottoni), southwestern arroyo toad

(Bufo microscaphus californicus), least

Bell’s vireo (Vireo bellii pusillus),

southwestern willow flycatcher

(Empidonax traillii extimus), and

Pacific pocket mouse (Perognathus

longimembris pacificus).

The permit applicants also request

coverage of an additional 35 unlisted
64448 Federal Register / Vol. 60, No. 241 / Friday, December 15, 1995 / Notices

species (9 plant, 26 animal), including

3 proposed species that occur within the

NCCP/HCP area. The NCCP/HCP

proposes to conserve all 35 species

according to standards required for

listed species under the Act. Unlisted

covered species would be named on the

permits with delayed effective dates.

Barring unforeseen circumstances,

incidental take of the unlisted covered

species would be authorized upon their

listing under the Act. Concurrent with

the proposed issuance of the Federal

permits, the California Department of

Fish and Game proposes to issue

management authorizations for the 42

species under section 2081 of the

California Endangered Species Act.

Although the NCCP has focused on

coastal sage scrub (CSS) habitat, in

keeping with the legislative intent of the

California NCCP Act of 1991 to protect

multiple habitat types, the applicants

propose to protect 4 additional habitat

types to the extent that no additional

mitigation or compensation would be

required of participating landowners

should any species dependent on these

habitats be listed during the 75-year

permit. These habitat types are: oak

woodlands, Tecate cypress forest, cliff

and rock, and chaparral (coastal subarea

only). Should any species dependent on

these habitats be listed, the 10(a)(1)(B)

permits would become effective as

described above.

Federal approval of the NCCP/HCP is

required as part of the special 4(d) rule

for the coastal California gnatcatcher (58

FR 65088). Incidental take of the

gnatcatcher is allowed under section

4(d) of the Act if take results from

activities conducted pursuant to the

NCCP Act, NCCP Process Guidelines,

and NCCP Southern California Coastal

Sage Scrub Conservation Guidelines.

An EIS/EIR has been prepared in

order for the Service to comply with the

National Environmental Policy Act

(NEPA) and for the County and cities to

comply with the California

Environmental Quality Act (CEQA). The

EIS/EIR evaluates the effects on the

human environment of the proposed

action: issuance of incidental take

permits and management

authorizations, and approval of the

NCCP/HCP and IA. This notice is

provided pursuant to section 10(c) of

the Act and NEPA regulations (40 CFR

1506.6).

Comments are requested on the

NCCP/HCP, IA, and EIS/EIR. All

comments received, including names

and addresses, will become part of the

administrative record and may be made

available to the public.

DATES: Written comments on the permit

application and EIS/EIR should be

received on or before January 29, 1996.

ADDRESSES: Comments should be

addressed to Mr. Gail C. Kobetich, Field

Supervisor, U.S. Fish and Wildlife

Service, 2730 Loker Avenue West,

Carlsbad, California 92008; facsimile

619–431–9618.

FOR FURTHER INFORMATION CONTACT: Ms.

Linda R. Dawes, Ph.D., Fish and

Wildlife Biologist, at the above address

(619–431–9440), or Mr. Tim Neely,

Planning and Zoning Administrator,

Orange County Environmental

Management Agency (714–834–2252).

SUPPLEMENTARY INFORMATION:

Availability of Documents

Individuals wishing copies of the

application and EIS/EIR for review

should immediately call Dr. Dawes or

Mr. Neely at the above telephone

numbers. These documents will be

available for public inspection at local

libraries and at the above offices, by

appointment, during normal business

hours. Please call Mr. Neely for a list of

libraries housing the documents.

Background

The ‘‘take’’ of threatened and

endangered species is prohibited under

section 9 of the Act and its

implementing regulations. Take is

defined, in part, as killing, harming, or

harassing listed species, including

significant habitat modification that

results in death of or injury to listed

species. Under limited circumstances,

the Service may issue permits to take

listed species if such taking is incidental

to otherwise lawful activities.

Regulations governing permits are found

at Title 50 Code of Federal Regulations

17.22 and 17.32.

The NCCP/HCP subregional planning

area covers 208,000 acres, with 104,000

acres remaining as natural lands which

are subject to intense development

pressure. Exclusive of the Cleveland

National Forest, the subregion contains

30,833 acres of CSS supporting

approximately 600 pairs of California

gnatcatchers. The NCCP/HCP proposes

the conversion of 7,395 acres (24%) of

CSS habitat which could result in

incidental take of approximately 109

pairs of California gnatcatchers by

participating landowners. This level of

take is considered fully mitigated by the

NCCP/HCP. Twenty additional pairs of

gnatcatchers potentially may be taken

by non-participating landowners. These

landowners would have the option of

paying a mitigation fee, or undertaking

an individual HCP or Section 7

consultation under the Act.

As mitigation for the proposed

incidental take, the applicants propose

the establishment of a 38,738-acre

reserve, including 12 of 13 major

vegetative communities present within

the subregion. The reserve would

contain more than 18,800 acres of CSS,

7,300 acres of chaparral, 6,100 acres of

grasslands, 1,800 acres of riparian

habitat, 950 acres of woodland, and 200

acres of forest. The NCCP/HCP contains

a comprehensive management plan

including, but not limited to, fire

management, grazing management,

management of recreation and public

access, and habitat restoration. The

foregoing actions would be funded

through the creation by participating

landowners of an endowment in excess

of $10.6 million, and by mitigation fees

contributed by non-participating

landowners who elect to use this option

rather than pursue an individual HCP.

Additionally, to supplement the reserve,

3,990 acres would be designated as

either special linkage or existing use

areas and 3,960 acres would remain as

public open space. The application also

proposes planning guidelines for the

North Ranch area which are protective

of the reserve and subregional

biodiversity.

Incidental take of other listed species

which potentially occur within the

subregion would be subject to

conditions specific for each species. In

general, minor occurrences would be

mitigated by habitat enhancement or

restoration within the reserve.

Occurrences which represent significant

conservation value would be handled

on a case-by-case basis. No take would

be authorized in the North Ranch policy

plan area. Specific provisions for the

pocket mouse include the creation of a

temporary 22-acre reserve on the Dana

Point headlands and $700,000 to study

alternative conservation measures.

In compliance with NEPA, the EIS/

EIR examines the environmental

impacts of issuing the proposed

incidental take permit and the effects of

implementing the proposed habitat

conservation plan and alternative

conservation plans. Although dozens of

alternative conservation configurations

and mechanisms were considered, the

EIS/EIR analyzes 4 alternatives in detail,

including the proposed action.

All individuals and agencies are

urged to comment on the EIS/EIR,

NCCP/HCP, and IA. All comments

received by the closing date will be

considered in finalizing NEPA

compliance and permit issuance or

denial.
Federal Register / Vol. 60, No. 241 / Friday, December 15, 1995 / Notices 64449

1On December 1, 1995, GWWR filed a corrected

statement with regard to the milepost markers and

the approximate total mileage involved in this

transaction. This notice includes the updated

figures.

2Legislation to sunset the Commission on

December 31, 1995, and transfer remaining

functions is now under consideration in Congress.

Until further notice, parties submitting pleadings

should continue to use the current name and

address.

Dated: December 6, 1995.

Thomas J. Dwyer,

Deputy Regional Director, Region 1 Portland,

Oregon.

[FR Doc. 95–30350 Filed 12–14–95; 8:45 am]

BILLING CODE 4310–55–P

INTERSTATE COMMERCE

COMMISSION

Notice of Intent to Engage in

Compensated Intercorporate Hauling

Operations

This is to provide notice as required

by 49 U.S.C. 10524(b)(1) that the named

corporations intend to provide or use

compensated intercorporate hauling

operations as authorized in 49 U.S.C.

10524(b).

1. The parent corporation and

principal office is: ARR–MAZ

PRODUCTS, L.P., 621 Snively Avenue,

Winter Haven, FL 33880, 941–293–

7884.

2. The wholly owned subsidiary

which will participate in the operation

is: AMP Trucking, Inc., 1001 American

Superior Blvd., Winter Haven, FL

33880, 941–293–7884.

States of Incorporation are: Delaware,

Florida, Louisiana, North Carolina.

Vernon A. Williams,

Secretary.

FR Doc. 95–30560 Filed 12–14–95; 8:45 am]

BILLING CODE 7035–01–M

[Finance Docket No. 32814]

Gateway Western Railway Company;

Trackage Rights Exemption; The

Atchison, Topeka and Santa Fe

Railway Company

The Atchison, Topeka and Santa Fe

Railway Company (ATSF) has agreed to

grant limited local trackage rights to

Gateway Western Railway Company

(GWWR) over approximately 8.3 miles

of rail line from milepost 1.7 at Santa Fe

Junction in Kansas City, MO, to

milepost 10.0 at Morris, KS.1

GWWR contends that the trackage

rights will allow it access to two

shippers on ATSF’s line in Kansas City,

KS. Accordingly, those two shippers

will obtain additional rail service

options and GWWR will have new

potential sources of traffic. The trackage

rights were to become effective on

December 1, 1995.

This notice is filed under 49 CFR

1180.2(d)(7). If the notice contains false

or misleading information, the

exemption is void ab initio. Petitions to

revoke the exemption under 49 U.S.C.

10505(d) may be filed at any time. The

filing of a petition to revoke will not

automatically stay the transaction.

Pleadings must be filed with the

Commission 2 and served on: Thomas J.

Litwiler, Oppenheimer Wolff &

Donnelly, Two Prudential Plaza, 45th

Floor, 180 North Stetson Avenue,

Chicago, IL 60601.

As a condition to the use of this

exemption, any employees adversely

affected by the trackage rights will be

protected under Norfolk and Western

Ry. Co.—Trackage Rights—BN, 354

I.C.C. 605 (1978), as modified in

Mendocino Coast Ry., Inc.—Lease and

Operate, 360 I.C.C. 653 (1980).

Decided: December 8, 1995.

By the Commission, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 95–30561 Filed 12–14–95; 8:45 am]

BILLING CODE 7035–01–P

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. 94–30]

Harold R. Schwartz, M.D.; Denial of

Application

On March 2, 1994, the Deputy

Assistant Administrator, Office of

Diversion Control, Drug Enforcement

Administration (DEA), issued an Order

to Show Cause to Harold R. Schwartz,

M.D., (Respondent) of Houston, Texas,

notifying him of an opportunity to show

cause as to why DEA should not deny

his application for registration as a

practitioner under 21 U.S.C. 823(f), as

being inconsistent with the public

interest. Specifically, the Order to Show

Cause alleged that:

(1) In February 1992, a DEA audit of

a Houston area pharmacy, and a

subsequent review of prescription

records, revealed that in 1991 and early

1992, the Respondent routinely

prescribed combinations of Tylenol

with codeine, Valium, and Phenergan

with codeine, to numerous individuals

when he knew or should have known

that the combination of these drugs was

highly abused on the streets.

(2) On March 24, April 7, and April

21, 1992, the Respondent prescribed 24

Tylenol No. 4 and 18 Valium 10 mg. to

an undercover officer for no legitimate

medical reason.

(3) Following the execution of a

Federal search warrant at the

Respondent’s office of July 7, 1992, the

Respondent voluntarily surrendered his

DEA Certificate of Registration,

AS0873198, as well as his State of Texas

Controlled Substances Registration

Certificate. However, on February 1,

1993, his Texas Controlled Substances

Registration Certificate was reinstated.

On March 31, 1994, the Respondent,

through counsel, filed a timely request

for a hearing, and following prehearing

procedures, a hearing was held in

Houston, Texas, on November 9, 1994,

before Administrative Law Judge Mary

Ellen Bittner. At the hearing both parties

called witnesses to testify and

introduced documentary evidence, and

after the hearing, counsel for both sides

submitted proposed findings of fact,

conclusions of law and argument. On

March 2, 1995, Judge Bittner issued her

Opinion and Recommended Ruling,

recommending that the Respondent’s

application be denied. Neither party

filed exceptions to her decision, and on

April 5, 1995, Judge Bittner transmitted

the record of these proceedings to the

Deputy Administrator.

The Deputy Administrator has

considered the record in its entirety,

and pursuant to 21 CFR 1316.67, hereby

issues his final order based upon

findings of fact and conclusions of law

as hereinafter set forth. The Deputy

Administrator adopts, in full, the

Opinion and Recommended Ruling,

Findings of Fact, Conclusions of Law

and Decision of the Administrative Law

Judge, and his adoption is in no manner

diminished by any recitation of facts,

issues and conclusions herein, or of any

failure to mention a matter of fact of

law.

The Deputy Administrator finds that

on January 19, 1993, the Respondent

Prepared an Application for Registration

under the Controlled Substances Act of

1970 as a practitioner for handling

controlled substances in Schedules II

through V. The Respondent has

practiced medicine in Houston, Texas,

since 1951. At the hearing before Judge

Bittner, the Respondent testified that he

maintained a solo practice in internal

medicine consisting mostly of poor

patients, some of whom were covered

by Medicare or Medicaid. The

Respondent further stated that his wife

had died in 1987, and that he resided

with his son, who suffered from panic

disorder and was unable to leave home.