7582 Federal Register / Vol. 60, No. 26 / Wednesday, February 8, 1995 / Notices

1The notice of exemption incorrectly named

February 12, 1995, as the transaction consummation

date. The consummation date cannot be earlier than

the notice’s effective date (50 days from the filing

date). This notice of exemption was scheduled to

become effective on March 8, 1995, but this date

was extended to March 10, 1995, because Santa Fe

filed a corrected line description on February 1,

1995.

2A 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.

3 See Exempt. of Rail Abandonment—Offers of

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

4 The Commission will accept late-filed trail use

statements so long as it retains jurisdiction.

background, see the Commission

Opinion, In the Matter of Certain

Devices for Connecting Computers via

Telephone Lines, Inv. No. 337–TA–360.

If the Commission contemplates some

form of remedy, it must consider the

effects of that remedy upon the public

interest. The factors the Commission

will consider include the effect that an

exclusion order and/or cease and desist

orders would have on (1) the public

health and welfare, (2) competitive

conditions in the U.S. economy, (3) U.S.

production of articles that are like or

directly competitive with those that are

subject to investigation, and (4) U.S.

consumers. The Commission is

therefore interested in receiving written

submissions that address the

aforementioned public interest factors

in the context of this investigation.

If the Commission orders some form

of remedy, the President has 60 days to

approve or disapprove the

Commission’s action. During this

period, the subject articles would be

entitled to enter the United States under

a bond, in an amount determined by the

Commission and prescribed by the

Secretary of the Treasury. The

Commission is therefore interested in

receiving submissions concerning the

amount of the bond that should be

imposed, if remedial orders are issued.

Written Submissions

The parties to the investigation,

interested government agencies, and any

other interested persons are encouraged

to file written submissions on the issues

of remedy, the public interest, and

bonding. Complainant and the

Commission investigative attorneys are

also requested to submit proposed

remedial orders for the Commission’s

consideration. The written submissions

and proposed remedial orders must be

filed no later than the close of business

on February 13, 1995. Reply

submissions must be filed no later than

the close of business on February 21,

1995. No further submissions will be

permitted unless otherwise ordered by

the Commission.

Persons filing written submissions

must file the original document and 14

true copies thereof with the Office of the

Secretary on or before the deadlines

stated above. Any person desiring to

submit a document (or portion thereof)

to the Commission in confidence must

request confidential treatment unless

the information has already been

granted such treatment during the

proceedings. All such requests should

be directed to the Secretary of the

Commission and must include a full

statement of the reasons why the

Commission should grant such

treatment. See 19 C.F.R. 201.6.

Documents for which confidential

treatment is granted by the Commission

will be treated accordingly. All

nonconfidential written submissions

will be available for public inspection at

the Office of the Secretary.

This action is taken under the

authority of section 337 of the Tariff Act

of 1930, as amended (19 U.S.C. 1337),

and sections 210.53 and 210.58 of the

Commission’s Interim Rules of Practice

and Procedure (19 C.F.R. 210.53 and

210.58).

Issued: February 2, 1995.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 95–3142 Filed 2–7–95; 8:45 am]

BILLING CODE 7020–02–P

INTERSTATE COMMERCE

COMMISSION

[Docket No. AB–52 (Sub-No. 81X)]

The Atchison, Topeka and Santa Fe

Railway Company—Abandonment

Exemption—in Cowley County, KS

The Atchison, Topeka and Santa Fe

Railway Company (Santa Fe) has filed a

notice of exemption under 49 CFR 1152

subpart F—Exempt Abandonments to

abandon approximately 1.6 miles of

main line from a common point at

milepost 264.2 at the intersection of

Chestnut Avenue and the centerline of

the main line to be abandoned (1)

southeasterly to Madison Avenue and

(2) southwesterly to Washington

Avenue, in Arkansas City, Cowley

County, KS.

Santa Fe has certified that: (1) No

local traffic has moved over the line for

at least 2 years; (2) any overhead traffic

on the line can be rerouted; (3) no

formal complaint filed by a user of rail

service on the line (or 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 (service of environmental

report on agencies), 49 CFR 1105.8

(service of historic report on State

Historic Preservation Officer), 49 CFR

1105.12 (newspaper publication), and

49 CFR 1152.50(d)(1) (service of verified

notice on governmental agencies) have

been met.

As a condition to use of this

exemption, any employee 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 has been received, this

exemption will be effective on March

10, 1995 (unless stayed pending

reconsideration).1 Petitions to stay that

do not involve environmental issues,2

formal expressions of intent to file offers

of financial assistance under 49 CFR

1152.27(c)(2),3 and trail use/rail banking

statements under 49 CFR 1152.29 must

be filed by February 21, 1995.4 Petitions

to reopen or requests for public use

conditions under 49 CFR 1152.28 must

be filed by February 28, 1995, with:

Office of the Secretary, Case Control

Branch, Interstate Commerce

Commission, Washington, DC 20423.

A copy of any petition filed with the

Commission should be sent to

applicant’s representative: Peter M.

Olson, The Atchison, Topeka and Santa

Fe Railway Company, 1700 East Golf

Road, Schaumburg, IL 60173.

If the notice of exemption contains

false or misleading information, use of

the exemption is void ab initio.

Santa Fe has filed an environmental

report which addresses the

abandonment’s effects, if any, on the

environmental or historic resources. The

Section of Environmental Analysis

(SEA) will issue an environmental

assessment (EA) by February 13, 1995.

Interested persons may obtain a copy of

the EA from SEA by writing to it at

(Room 3219, Interstate Commerce

Commission, Washington, DC 20423) or

by calling Elaine Kaiser, Chief, SEA at

(202) 927–6248. Comments on

environmental and historic preservation

matters must be filed within 15 days
Federal Register / Vol. 60, No. 26 / Wednesday, February 8, 1995 / Notices 7583

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: February 2, 1995.

By the Commission, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 95–3157 Filed 2–7–95; 8:45 am]

BILLING CODE 7035–01–P

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree

Pursuant to the Comprehensive

Environmental Response,

Compensation and Liability Act

(CERCLA)

In accordance with Departmental

policy, 28 CFR 50.7 notice is hereby

given that a proposed consent decree in

In Catherine and Philip J. Celestin,

Bankruptcy No. A–B–87–00183, Chapter

11, was lodged on January 20, 1995 with

the United States Bankruptcy Court for

the Western District of North Carolina.

Under the proposed Consent Order,

the bankruptcy estate of the Celestins

agrees to pay 80% of the net sales

proceeds from the sale of the Carolina

Production Plating facility located in

Asheville, North Carolina to the

Hazardous Substance Superfund. The

lien holder, North Carolina National

Bank also agrees to these terms. These

funds are being paid to reimburse the

United States for environmental

response actions taken at the Carolina

Production Plating facility in Asheville,

North Carolina. No further response

activities are anticipated at this site.

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 IN Catherine and Philip

J. Celestin, DOJ Ref. # 90–11–2–405A.

The proposed consent decree may be

examined at the office of the United

States Attorney, Room 306, U.S.

Courthouse, 100 Otis Street, Asheville,

North Carolina; the Region IV Office of

the Environmental Protection Agency,

345 Courtland Street, N.E., Atlanta,

Georgia; 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

$1.75 (25 cent per page reproduction

costs), payable to the Consent Decree

Library.

Bruce Gelber,

Acting Chief, Environmental Enforcement

Section, Environment and Natural Resources

Division.

[FR Doc. 95–3052 Filed 2–7–95; 8:45 am]

BILLING CODE 4410–01–M

Notice of Lodging of Consent Decree

Under the Clean Water Act

In accordance with the policy of the

Department of Justice, 28 CFR 50.7,

notice is hereby given that on January

23, 1995, a proposed consent decree in

United States v. Citizens Utilities Co. of

Illinois, Civil Action No. 92 C 5132

(N.D. Ill.), was lodged with the United

States District Court for the Northern

District of Illinois. The proposed decree

resolves the United States’ claims again

the defendant under the Clean Water

Act, 33 U.S.C. 1251 et seq., with respect

to violations of Citizens’ National

Pollutant Discharge Elimination System

(‘‘NPDES’’) permit at its West Surburban

Treatment Plant #1 (‘‘WSB #1’’) in

Bolingbrook, Will County, Illinois.

Under the proposed decree, Citizens

agrees to construct improvements and

implement operational changes at WSB

#1 to achieve and maintain compliance

with its NPDES permit limits and to pay

$490,000 to resolve the claims for civil

penalties under the Act.

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 of the

Environment and Natural Resources

Division, Environmental Enforcement

Section, Department of Justice, P.O. Box

7611, Ben Franklin Station, Washington,

DC 20530, and should refer to United

States v. Citizens Utilities Co. of Illinois,

Civil Action No. 92 C 5132 (N.D. Ill.)

and D.J. reference no. 90–5–1–1–3653.

The proposed Consent Decree may be

examined at the office of the United

States Attorney, Northern District of

Illinois, Everett McKinley Dirksen Bldg.,

219 South Dearborn Street, Chicago,

Illinois 60604; at the Region 5 Office of

the Environmental Protection Agency,

77 West Jackson Boulevard, Chicago,

Illinois 60604; and at the Consent

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

Floor, Washington, DC 20005. Copies of

the proposed Consent Decree may be

obtained in person or by mail from the

Consent Decree Library 1120 G Street,

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

(202) 624–0892. In requesting copies,

please enclose a check in the amount of

$8.00 (25 cents per page reproduction

cost) payable to the Consent Decree

Library.

Bruce Gelber,

Acting Chief, Environmental Enforcement

Section.

[FR Doc. 95–3050 Filed 2–7–95; 8:45 am]

BILLING CODE 4410–01–M

Notice of Lodging of Consent Decree

Pursuant to the Clean Water Act

In accordance with Departmental

policy, 28 CFR 50.7, notice is hereby

given that a proposed consent decree in

United States v. District of Columbia,

Civil Action Nos. 84–2842 and 90–1643,

was lodged on January 24, 1995 with the

United States District Court for the

District of Columbia. The Consent

Decree settles two actions brought under

the Clean Water Act (the ‘‘Act’’), 33

U.S.C. 1251, et seq., seeking injunctions

and civil penalties for the District’s

violations of the Act, its National

Pollutant Discharge Elimination System

permit for operation of the Blue Plains

sewage treatment plant, and an earlier

consent decree covering the Blue Plains

plant. Pursuant to the Consent Decree,

defendant has agreed to pay a civil

penalty of $500,000, to test and

implement an experimental technology

for reducing nitrogen discharges

harmful to the Potomac River and the

Chesapeake Bay, and to undertake

additional actions to improve operation

of the plant.

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. District

of Columbia, DOJ Refs. #90–5–1–1–3598

and #90–5–1–1–2181A.

The proposed consent decree may be

examined at the Consent Decree Library,

1120 G Street, NW., 4th Floor,

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

DC 20005. In requesting a copy please

refer to the referenced case and enclose

a check in the amount of $55.00 (25