12572 Federal Register / Vol. 60, No. 44 / Tuesday, March 7, 1995 / Notices

21.1-mile rail line between milepost

SA–36.4, at Ardmore, and milepost SA–

57.5, at Sylvania, in Effingham and

Screven Counties, GA. The transaction

also involves COG’s assignment to

GDOT of its interest, as lessor, in a lease

agreement under which the line will

continue to be operated by Ogeechee

Railway Company (Ogeechee). The

Commission exempted Ogeechee’s

operation of the line under the lease in

Istra Corporation—Assignment of Lease

and Interchange Agreement

Exemption—Ogeechee Railway

Company, Finance Docket No. 31478

(ICC served June 19, 1989). The

involved transaction was to have been

consummated as soon as possible after

the exemption’s February 17, 1995,

effective date.

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

reopen will not stay the exemption’s

effectiveness. Pleadings must be filed

with the Commission and served on

George P. Shingler, 40 Capitol Square,

SW., Atlanta, GA 30334–1300.

Decided: February 28, 1995.

By the Commission, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 95–5510 Filed 3–6–95; 8:45 am]

BILLING CODE 7035–01–P

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

William W. Malone, M.D.; Revocation of

Registration

On October 14, 1994, the Deputy

Assistant Administrator of the Office of

Diversion Control, Drug Enforcement

Administration (DEA), issued an Order

to Show Cause to William W. Malone,

M.D., (Dr. Malone) of Phoenix, Arizona,

proposing to revoke his DEA Certificate

of Registration, AM546789, and to deny

any pending applications for

registration as a practitioner under 21

U.S.C. 823(f). The proposed action was

predicated on Dr. Malone’s lack of

authorization to handle controlled

substances in the State of Arizona; that

his continued registration would be

inconsistent with the public interest;

and that Dr. Malone had been excluded

from participation in a program

pursuant to 42 U.S.C. 1320a-7(a). See 21

U.S.C. 824(a)(3), (4) and (5).

The Order to Show Cause was served

on Dr. Malone by registered mail. More

than thirty days have passed since the

Order to Show Cause was received by

Dr. Malone and the DEA has received no

response thereto. Pursuant to 21 CFR

1301.54(e) and 1301.54(d), William W.

Malone, M.D., is deemed to have waived

his opportunity for a hearing.

Accordingly, the Deputy Administrator

now enters his final order in this matter

without a hearing and based on the

investigative file. 21 CFR 1301.57.

The Deputy Administrator finds that

effective January 31, 1994, Dr. Malone’s

medical license was suspended,

pursuant to a Consent Agreement, for a

period of five years by the State of

Arizona, Board of Medical Examiners

(Arizona Board). As a result of the

Arizona Board’s action, Dr. Malone is no

longer authorized to prescribe, dispense,

administer or otherwise handle

controlled substances in any schedule

in the State of Arizona.

The Deputy Administrator concludes

that the DEA does not have the statutory

authority under the Controlled

Substances Act to issue or maintain a

registration if the applicant or registrant

is without State authority to handle

controlled substances. See 21 U.S.C.

823(f). The Deputy Administrator and

his predecessors have consistently so

held. See Howard J. Reuben, M.D., 52

FR 8375 (1987); Ramon Pla, M.D.,

Docket No. 86–54, 51 FR 41168 (1986);

Dale D. Shahan, DD.S., Docket No. 85–

57, 51 FR 23481 (1986); and cases cited

therein.

Since Dr. Malone lacks state

authorization to handle controlled

substances, it is not necessary for the

Deputy Administrator to decide the

issue of whether Dr. Malone’s DEA

registration should be revoked on the

basis of 21 U.S.C. 824(a)(4) and (5), at

this time.

No evidence of explanation or

mitigating circumstances has been

offered by Dr. Malone. Therefore, the

Deputy Administrator concludes that

Dr. Malone’s DEA Certificate of

Registration must be revoked.

Accordingly, the Deputy

Administrator of the Drug Enforcement

Administration, pursuant to the

authority vested in him by 21 U.S.C. 823

and 824 CFR 0.100(b) and 0.104, hereby

orders that DEA Certificate of

Registration, AM5467849, previously

issued to William W. Malone, M.D., be,

and it hereby is, revoked, and any

pending applications for the renewal of

such registration, be, and they hereby

are, denied. This order is effective April

6, 1995.

Stephen H. Greene,

Deputy Administrator.

Dated: March 1, 1995.

[FR Doc. 95–5455 Filed 3–6–95; 8:45 am]

BILLING CODE 4410–09–M

DEPARTMENT OF LABOR

Employment and Training

Administration

[TA–W–30,731]

The Hanover Shoe Company, Franklin

and Marlinton, West Virginia; Notice of

Termination of Investigation

Pursuant to Section 221 of the Trade

Act of 1974, an investigation was

initiated on February 13, 1995 in

response to a worker petition which was

filed on February 13, 1995 on behalf of

workers at The Hanover Shoe Company,

Franklin & Marlinton, West Virginia.

The petitioning group of workers is

subject to an ongoing investigation for

which a determination has not yet been

issued (TA–W–730,715–6).

Consequently, further investigation in

this case would serve no purpose, and

the investigation has been terminated.

Signed in Washington, DC this 17th day of

February, 1995.

Victor J. Trunzo,

Program Manager, Policy and Reemployment

Services, Office of Trade Adjustment

Assistance.

[FR Doc. 95–5535 Filed 3–6–95; 8:45 am]

BILLING CODE 4510–30–M

[TA–W–30, 634]

Illinois Masonic Hospital, Chicago,

Illinois; Notice of Termination of

Investigation

Pursuant to Section 221 of the Trade

Act of 1974, an investigation was

initiated on January 9, 1995 in response

to a worker petition which was filed on

January 9, 1995.

The investigation revealed that there

was no available information regarding

the employment of the single petitioner

at Illinois Masonic Hospital, Chicago,

Illinois or at other employers listed on

the petition. Consequently, further

investigation in this case would serve

no purpose, and the investigation has

been terminated.