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.