67138 Federal Register / Vol. 60, No. 249 / Thursday, December 28, 1995 / Notices

This land is difficult and uneconomic

to manage as part of the public lands

and is not suitable for management by

other Federal agencies. No significant

resource values will be affected by this

disposal. The sale is consistent with

BLM’s planning for the land involved

and the public interest will be served by

the sale.

Purchasers must be U.S. citizens, 18

years of age or older, a state or state

instrumentality authorized to hold

property, or a corporation authorized to

own real estate in the state in which the

land is located.

The land will be offered for sale at

public auction using modified bidding

procedures authorized under 43 CFR

2711.3–2. Bidding for this parcel is open

to all qualified bidders; however, the

following adjacent land owners

(designated bidders) will be given the

opportunity to meet the highest bid

received at the sale: Nancy L. Beplat,

William F. Cooper, Gerald and Shirley

Dilley, Thomas J. Donnelly, Katherine

and Rodger Fair, Angela Gomes, Gavin

McComas, Weyerhaeuser Company,

Nadine Wilkins.

The land will be offered for sale at

public auction beginning at 10:00 am,

PST on March 15, 1996, at 2890 Chad

Drive, Eugene, Oregon 97401–9336. Sale

will be by sealed bid only. All sealed

bids must be received by the BLM’s

Eugene District Office at 2890 Chad

Drive, Eugene, Oregon 97401–9336,

prior to 10:00 a.m. on the date of the

sale, March 15, 1996. Bid envelopes

must be marked on the lower left front

corner, ‘‘Sale OR 48830’’. Bids must be

for not less than the appraised FMV

specified in this notice. Each sealed bid

shall be accompanied by a certified

check, postal money order, bank draft,

or cashier’s check made payable to the

Department of Interior, BLM for not less

than 10 percent of the amount bid. If the

parcel is not sold on the March 15, 1996

sale date, then the land offered will be

re-offered to the general public through

continuing modified competitive sales.

Offers for the unsold parcel will be

accepted in a manner consistent with

the process described herein; bids will

be opened on the 15th day of each

month thereafter until the apparent high

bid is declared.

Under modified competitive sale

procedures the written sealed bids will

be opened and an apparent high bid will

be declared at the sale. The apparent

high bidder and the designated bidders

will be notified. The designated bidders

will be given 30 days from the date of

the sale to exercise the preference

consideration given to meet the high

bid. Should the designated bidders fail

to submit a written bid that matches the

apparent high bid within the specified

time period, the apparent high bidder

shall be declared high bidder. In case of

a tie of bids submitted by the designated

bidders, the interested bidders would be

given an opportunity to submit a written

agreement as to the division of the

lands, or an additional sealed bid,

meeting the above stated requirements,

within 30 days of notification of

eligibility. At that time the high bidder

would be awarded the property. The

total purchase price for the land shall be

paid within 180 days of the date of this

sale.

The terms and conditions applicable

to the sale are as follows:

1. A right-of-way for ditches and

canals will be reserved to the United

States under the authority of the Act of

August 30, 1890 (26 Stat. 291; 43 U.S.C.

945).

2. The mineral interest being offered

for conveyance have no known mineral

value. A bid submitted will constitute

an application for conveyance of the

mineral estate in accordance with

Section 209 of the Federal Land Policy

and Management Act. All qualified

bidders must include with their bid

deposit a non refundable $50.00 filing

fee for the conveyance of the mineral

estate.

3. The patent will be issued subject to

all valid existing rights and reservations

of record.

DATES: For a period of 45 days from the

date of publication of this notice in the

Federal Register, interested parties may

submit comments to the District

Manager, Bureau of Land Management,

2890 Chad Drive, Eugene, Oregon

97401–9336. Objections would be

reviewed by the State Director who may

sustain, vacate, or modify this realty

action. In absence of any objections, this

realty action will become the final

determination of the Department of the

Interior.

ADDRESSES: Detailed information

concerning the sale, including the

reservations, procedures for and

conditions of sale, and planning and

environmental documents, is available

at the Eugene District Office, Bureau of

Land Management, 2890 Chad Drive,

Eugene, Oregon 97401–9336.

FOR FURTHER INFORMATION CONTACT:

Steve Madsen, Realty Specialist, Eugene

District Office, at (541) 683–6948.

Date of Issue: December 15, 1995.

Lee Lauritzen,

Eugene Dist. Manager, Acting.

[FR Doc. 95–31431 Filed 12–27–95; 8:45 am]

BILLING CODE 4310–33–P

[OR–125–06–6332–00: GP–0041]

Closures and Restrictions

AGENCY: Bureau of Land Management

(BLM), Interior.

ACTION: Notice of restrictions, Spruce

Reach adjacent to Dean Creek Elk

Viewing Area.

SUMMARY: Pursuant to 43 CFR part 8364,

the BLM will prohibit hunting, shooting

firearms, igniting fireworks and other

explosive devices within the area

known as Spruce Reach, adjacent to

Dean Creek Elk Viewing Area. Spruce

Reach is approximately 56 acres. This

restriction will apply year round. BLM

and Oregon Department of Fish and

Wildlife employees, agents, contractors,

and cooperators are exempt from this

restriction while in the performance of

official duties. The BLM acquired

Spruce Reach to further enhance,

complement and protect the watchable

wildlife and other qualities found at the

1,033-acre Dean Creek Elk Viewing

Area. Spruce Reach is considered part of

the Elk Viewing Area. Dean Creek Elk

Viewing Area supports a large herd of

resident Roosevelt elk that are readily

visible from a public highway. The area

also supports other watchable wildlife.

The previously acquired acreage already

have the above restrictions. The purpose

for the restrictions at Spruce Reach is to

provide a means by which the Secretary

of the Interior through the BLM, may

control and manage public use of the

area to effectively implement

management objectives and provide the

watchable wildlife with habitat that is

free from public disturbance or

harassment. The restrictions will also

provide for public safety by designating

safe viewing areas with greater

opportunities to view wildlife.

The restricted area is depicted on a

Dean Creek Elk Viewing Area map. The

map and copies of this restriction notice

are available from the Coos Bay District

Office, Bureau of Land Management,

1300 Airport Lane, North Bend, Oregon

97459.

This restriction order is effective

immediately and shall remain in effect

until revised, revoked, or amended by

the authorized officer pursuant to 43

CFR 8360. Any person who violates this

restriction notice may be subject to a

maximum fine of $1,000 or

imprisonment not to exceed 12 months

or both under authority of 43 CFR

8360.0–7.
Federal Register / Vol. 60, No. 249 / Thursday, December 28, 1995 / Notices 67139

1Although the verified notice was filed by SRR,

it is signed by Michael G. Hart in his capacity as

President of Coast. This is sufficient to treat the

verified notice as having been filed by both SRR

and Coast.

2 A small carrier transfer application is for motor

carriers. This procedure is not available for rail

transactions.

3Legislation 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.

1Concurrently with Finance Docket No. 32808,

TCW filed a verified notice of exemption in Twin

Cities & Western Railroad Company—Trackage

Rights Exemption—Soo Line Railroad Company d/

b/a/ CP Rail System, Finance Docket No. 32809, to

obtain overhead trackage rights on track which

connects with the subject line. The connecting track

is owned by CPRS, extends from milepost 17.23 at

St. Louis Park, MN, and connects at milepost 26.00,

near Bloomington, MN. It also connects with the

subject line at milepost 27.11, and extends to

milepost 28.04, near Savage, MN. The trackage

rights were scheduled to become effective on or

after December 14, 1995.

2 Douglas M. Head, Kent P. Shoemaker, and

Charles H. Clay, the stockholders of MRBC, do not

qualify for a class exemption under 49 CFR

1180.2(d)(2) because: (1) they hold controlling

ownership of MRBC, TCW, and Red River Valley &

Western Railroad Company; and (2) the 1.11 mile

line to be acquired here from CPRS connects with

a rail line owned by CPRS, on which TCW,

controlled by the above-named stockholders,

anticipates acquiring trackage rights in Finance

Docket No. 32809. Thus, the stockholders have

established a voting trust to insulate themselves

from authorized acquisition of control of MRBC

until the petition for exemption for control is acted

upon.

3 Legislation to sunset the Commission on

December 31, 1995, and transfer the remaining

functions is now under consideration in Congress.

Until further notice, parties submitting pleadings

should continue to use the current name and

address: Interstate Commerce Commission, 1201

Constitution Avenue, N.W., Washington, DC 20423.

Restricted Areas

Spruce Reach is located

approximately three miles east of

Reedsport, Oregon, adjacent to Oregon

State Highway 38 and Dean Creek Elk

Viewing Area and is further described

as follows:

Township 21 South, Range 11 West,

Willamette Meridian

Sec. 32 M&B within lot 8

Sec. 33 M&B of lots 5, 6, and 7 and

S1⁄2SW1⁄4 and SW1⁄4SE1⁄4

All north of Oregon State Highway 38.

FOR FURTHER INFORMATION CONTACT:

Larry Johnston, Park Ranger, Umpqua

Resource Area, Coos Bay District,

Bureau of Land Management, 1300

Airport Lane, North Bend, Oregon

97459, Telephone: (541) 756–0100.

Daryl L. Albiston,

Umpqua Area Manager.

[FR Doc. 95–31350 Filed 12–27–95; 8:45 am]

BILLING CODE 4310–33–M

INTERSTATE COMMERCE

COMMISSION

[Finance Docket No. 32818]

Coast Enterprises, Inc.—Acquisition

Exemption—Sierra Pacific Coast

Railway, Inc.; Sierra Railroad, a

Division of Coast Enterprises, Inc.—

Operation Exemption—Coast

Enterprises, Inc.

Coast Enterprises, Inc. (Coast) and

Sierra Railroad, a Division of Coast

Enterprises, Inc. (SSR), have filed a

verified notice under 49 CFR Part 1150,

Subpart D—Exempt Transactions for

Coast to acquire from Sierra Pacific

Coast Railway, Inc. (SPCR) and for SSR

to operate, approximately 49 miles of

rail line, between milepost 0.0 at

Oakdale, in Stanislaus County, CA, and

the end of the line at milepost 49.0 at

Fassler, in Tuolumne County, CA.1

The transaction was consummated on

or about September 29, 1995. The notice

of exemption was filed on November 27,

1995, and became effective, pursuant to

49 CFR 1150 Subpart D, on December 4,

1995. On or about July 1, 1995, SRR

filed a small carrier transfer application

with the Commission seeking approval

for SRR’s acquisition of the line from

SPCR. That application was rejected.2 In

addition, Coast’s and SRR’s

representative informed the

Commission staff that their original

representative that handled this case left

the firm, and the case had to be handled

by another representative with guidance

from our Office of Public Assistance. It

would appear that Coast and SSR were

unaware that consummation should not

have occurred before the effective date

of the exemption.

If the verified notice contains false or

misleading information, the exemption

is void ab initio. Petitions to reopen the

proceeding 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 stay the exemption’s

effectiveness. An original and 10 copies

of all pleadings, referring to Finance

Docket No. 32818, must be filed with he

Office of the Secretary, Case Control

Branch, Interstate Commerce

Commission,3 Washington, DC 20423. In

addition, a copy of each pleading must

be served on Michael G. Hart, President,

Coast Enterprises, Inc. 17516 Old

Summit Road, Los Gatos, CA 95030.

Decided: December 20, 1995.

By the Commission, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 95–31401 Filed 12–27–95; 8:45 am]

BILLING CODE 7035–01–P

[Finance Docket No. 32807]

Minnesota River Bridge Company—

Acquisition and Operation

Exemption—Soo Line Railroad

Company d/b/a CP Rail System

Minnesota River Bridge Company

(MRBC), a noncarrier, has filed a notice

of exemption to acquire and operate

approximately 1.11 miles of track,

including a railroad bridge over the

Minnesota River, owned by the Soo Line

Railroad Company d/b/a CP Rail System

(CPRS), between milepost 26.0, near the

city of Bloomington, in Hennepin

County, MN, to milepost 27.11, near the

city of Savage, in Scott County, MN. As

part of the agreement between MRBC

and CPRS, CPRS will retain trackage

rights over the line. The parties

expected to consummate the acquisition

on or after December 13, 1995.

This proceeding is related to Twin

Cities & Western Railroad Company—

Operation Exemption—Minnesota River

Bridge Company, Finance Docket No.

32808, wherein Twin Cities & Western

Railroad Company (TCW) filed a notice

of exemption to operate the line.1 MRBC

will retain a residual obligation to

provide common carrier service on the

line. TCW and MRBC expected to enter

into an operation agreement on or after

December 13, 1995, and expected to

consummate that transaction on or after

December 14, 1995. Also related to this

proceeding is Douglas M. Head, Kent P.

Shoemaker, and Charles H. Clay—

Continuance in Control Exemption—

Minnesota River Bridge Company,

Finance Docket No. 32810, in which the

owners of MRBC have concurrently

filed a petition of exemption to continue

in control of MRBC when it becomes a

rail carrier upon consummation of the

transactions described in this notice.2

Any comments must be filed with the

Commission 3 and served on: Jo A.

Deroche, Esq., Weiner, Brodsky, Sidman

& Kider, P.C., Suite 800, 1350 New York

Avenue, N.W. Washington, DC 20005–

4797.

This notice is filed under 49 CFR

1150.31. 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.

Decided: December 20, 1995.