Federal Register / Vol. 60, No. 45 / Wednesday, March 8, 1995 / Notices 12783

1A stay will be issued routinely by the

Commission in those proceedings 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 concerns is encouraged to file its

request as soon as possible in order to permit this

Commission to review and act on the request before

the effective date of this exemption.

2See Exempt. of Rail Abandonment—Offers of

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

3The Commission will accept a late-filed trail use

request as long as it retains jurisdiction to do so.

INTERNATIONAL TRADE

COMMISSION

[Investigation No. 337–TA–366]

Certain Microsphere Adhesives,

Process for Making Same and

Products Containing Same, Including

Self-Stick Repositionable Notes;

Change of Commission Investigative

Attorney

Notice is hereby given that, as of this

date, Steven A. Glazer, Esq. of the Office

of Unfair Import Investigations is

designated as the Commission

investigative attorney in the abovecaptioned investigation instead of James

B. Coughlan, Esq.

The Secretary is requested to publish

this Notice in the Federal Register.

Dated: February 28, 1995.

Lynn I. Levine,

Director, Office of Unfair Import

Investigations.

[FR Doc. 95–5636 Filed 3–7–95; 8:45 am]

BILLING CODE 7020–02–P

[Investigation No. 337–TA–368]

Certain Rechargeable Nickel Metal

Hydride Anode Materials and Batteries,

and Products Containing Same; Notice

of Decision Not To Review Initial

Determination Granting Joint Motion

To Terminate the Investigation With

Respect to Respondents Yuasa Corp.

and Yuasa-Exide, Inc. on the Basis of

a Settlement Agreement; Termination

of Investigation

AGENCY: U.S. International Trade

Commission.

ACTION: Notice.

SUMMARY: Notice is hereby given that

the U.S. International Trade

Commission has determined not to

review an initial determination (ID)

issued on February 3, 1995, by the

presiding administrative law judge (ALJ)

in the above-captioned investigation

granting the joint motion of

complainants Energy Conversion

Devices, Inc. and Ovonic Battery Co.,

Inc. and respondents Yuasa Corp. and

Yuasa-Exide, Inc. (collectively ‘‘the

Yuasa companies’’) to terminate the

investigation as to the Yuasa companies

on the basis of a settlement agreement.

FOR FURTHER INFORMATION CONTACT:

Marc A. Bernstein, Office of the General

Counsel, U.S. International Trade

Commission, 500 E Street SW.,

Washington, D.C. 20436, telephone 202–

205–3087.

SUPPLEMENTARY INFORMATION: The

Commission instituted this

investigation, which concerns

allegations of section 337 violations in

the importation, sale for importation,

and sale after importation of certain

rechargeable nickel metal hydride anode

materials and batteries and products

containing same, on September 8, 1994.

Complainants allege infringement of

claims 1–17, 22, 23, 25, 27, and 32 of

U.S. Letters Patent 4,623,597 (‘‘the ’597

patent’’).

On January 18, 1995, complainants

and the Yuasa companies filed a joint

motion to terminate the investigation

with respect to the Yuasa companies on

the basis of a settlement agreement. The

ALJ issued an ID granting the joint

motion and terminating the

investigation as to the Yuasa companies.

Because the Yuasa companies were the

only remaining respondents in the

investigation, the ID also terminates the

investigation in its entirety. No petitions

for review of the ID were filed. No

agency or public comments were

received.

This action is taken under the

authority of section 337 of the Tariff Act

of 1930, 19 U.S.C. 1337, and

Commission rule 210.42, 19 C.F.R.

210.42.

Copies of the nonconfidential version

of the ID and all other nonconfidential

documents filed in connection with this

investigation are or will be available for

inspection during official business

hours (8:45 a.m. to 5:15 p.m.) in the

Office of the Secretary, U.S.

International Trade Commission, 500 E

Street SW., Washington, D.C. 20436,

telephone 202–205–2000. Hearingimpaired persons are advised that

information on this matter can be

obtained by contacting the

Commission’s TDD terminal on 202–

205–1810.

Dated: February 28, 1995.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 95–5635 Filed 3–7–95; 8:45 am]

BILLING CODE 7020–02–P

INTERSTATE COMMERCE

COMMISSION

[Docket No. AB–55 (Sub-No. 501X]

CSX Transportation, Inc.—

Abandonment Exemption—in Lucas

and Wood Counties, OH

CSX Transportation, Inc. (CSXT) has

filed a notice of exemption under 49

CFR 1152 Subpart F—Exempt

Abandonments to abandon

approximately 2.15 miles of railroad

between milepost CO–14.31 at River

Road in Lucas County, OH and milepost

CO–16.46 at Bates in Wood County, OH.

CSXT has certified that: (1) No local

traffic has moved over the line for at

least 2 years; (2) there is no overhead

traffic on the line; (3) no formal

complaint filed by a user of rail service

on the line (or by 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 (environmental reports), 49

CFR 1105.8 (historic reports), 49 CFR

1105.11 (transmittal letter), 49 CFR

1105.12 (newspaper publication), and

49 CFR 1152.50(d)(1) (notice to

governmental agencies) have been met.

As a condition to use of this

exemption, any employee adversely

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 (OFA) has been received, this

exemption will be effective on April 7,

1995, unless stayed pending

reconsideration. Petitions to stay that do

not involve environmental issues,1

formal expressions of intent to file an

OFA under 49 CFR 1152.27(c)(2),2 and

trail use/rail banking requests under 49

CFR 1152.29 3 must be filed by March

20, 1995. Petitions to reopen or requests

for public use conditions under 49 CFR

1152.28 must be filed by March 28,

1995, with: Office of the Secretary, Case

Control Branch, Interstate Commerce

Commission, Washington, DC 20423.

A copy of any pleading filed with the

Commission should be sent to

applicant’s representative: Charles M.

Rosenberger, 500 Water St., J150,

Jacksonville, FL 32202.
12784 Federal Register / Vol. 60, No. 45 / Wednesday, March 8, 1995 / Notices

1See Exempt. of Rail Abandonment—Offers of

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

1A stay will be routinely issued by the

Commission in those proceedings 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 involving

environmental concerns is encouraged to file its

If the notice of exemption contains

false or misleading information, the

exemption is void ab initio.

CSXT has filed an environmental

report which addresses the

abandonment’s effects, if any, on the

environmental and historic resources.

The Section of Environmental Analysis

(SEA) will issue an environmental

assessment (EA) by March 13, 1995.

Interested persons may obtain a copy of

the EA by writing to SEA (Room 3219,

Interstate Commerce Commission,

Washington, DC 20423) or by calling

Elaine Kaiser, Chief of SEA, at (202)

927–6248. Comments on environmental

and historic preservation matters must

be filed within 15 days after the EA is

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 27, 1995.

By the Commission, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 95–5511 Filed 3–7–95; 8:45 am]

BILLING CODE 7035–01–P

[Ex Parte No. 388 (Sub-No. 16)]

Intrastate Rail Rate Authority—

Mississippi

AGENCY: Interstate Commerce

Commission.

ACTION: Notice of recertification.

SUMMARY: Pursuant to 49 U.S.C.

11501(b), the Commission recertifies the

State of Mississippi to regulate intrastate

rail rates, classifications, rules, and

practices for a 5-year period.

DATES: Recertification will be effective

on April 7, 1995 and will expire on

April 6, 2000.

FOR FURTHER INFORMATION CONTACT:

Elaine Sehrt-Green, (202) 927–5269 or

Beryl Gordon, (202) 927–5610. [TDD for

the hearing impaired: (202) 927–5721.]

Decided: February 28, 1995.

By the Commission, Chairman McDonald,

Vice Chairman Morgan, and Commissioners

Simmons and Owen.

Vernon A. Williams,

Secretary.

[FR Doc. 95–5615 Filed 3–7–95; 8:45 am]

BILLING CODE 7035–01–P

[Docket No. AB–12 (Sub-No. 166X)]

Southern Pacific Transportation

Company—Abandonment Exemption—

in Fort Bend and Wharton Counties, TX

AGENCY: Interstate Commerce

Commission.

ACTION: Notice of exemption.

SUMMARY: The Commission, pursuant to

49 U.S.C. 10505, exempts Southern

Pacific Transportation Company (SPT)

from the prior approval requirements of

49 U.S.C. 10903–10904 to permit SPT to

abandon two connecting branch lines,

the Wharton Segment and the Palacios

Segment, that meet in a ‘‘Y’’ shape at

Wharton Jct., TX, and extend a total of

36.8 miles, in Fort Bend and Wharton

Counties, TX. The exemption will be

subject to standard employee protective

conditions, environmental conditions,

an historic condition, and a 90-day

public use condition.

DATES: Provided no formal expression of

intent to file an offer of financial

assistance (OFA) has been received, this

exemption will be effective on April 7,

1995. Formal expressions of intent to

file an OFA under 49 CFR

1152.27(c)(2) 1 must be filed by March

17, 1995, petitions to stay must be filed

by March 23, 1995, requests for a public

use condition conforming to 49 CFR

1152.28(a)(2) must be filed by March 28,

1995, and petitions to reopen must be

filed by April 3, 1995.

ADDRESSES: Send pleadings, referring to

Docket No. AB–12 (Sub-No. 166X) to:

(1) Office of the Secretary, Case Control

Branch, Interstate Commerce

Commission, 1201 Constitution Avenue

NW., Washington, D.C. 20423; and (2)

Petitioner’s representatives: John

MacDonald Smith and Gary Laasko,

Suite 800, Southern Pacific Building,

One Market Plaza, San Francisco, CA

94105; and Karl Morell and Louis E.

Gitomer, Suite 1035, 1101 Pennsylvania

Avenue NW., Washington, D.C. 20004.

FOR FURTHER INFORMATION CONTACT:

Beryl Gordon, (202) 927–5610. [TDD for

the hearing impaired: (202) 927–5721.]

SUPPLEMENTARY INFORMATION:

Additional information is contained in

the Commission’s decision. To purchase

a copy of the full decision, write to, call,

or pick up in person from: Dynamic

Concepts, Inc., Room 2229, Interstate

Commerce Commission Building, 1201

Constitution Avenue NW., Washington,

D.C. 20423. Telephone: (202) 289–4357/

4359. [Assistance for the hearing

impaired is available through TDD

services at (202) 927–5721.]

Decided: February 22, 1995.

By the Commission, Chairman McDonald,

Vice Chairman Morgan, and Commissioners

Simmons and Owen.

Vernon A. Williams,

Secretary.

[FR Doc. 95–5616 Filed 3–7–95; 8:45 am]

BILLING CODE 7035–01–P

[Docket No. AB–436X]

Bath and Hammondsport Railroad

Company—Abandonment Exemption—

In Steuben County, NY

Bath and Hammondsport Railroad

Company (B&H) has filed a notice of

exemption under 49 CFR 1152 Subpart

F—Exempt Abandonments to abandon

approximately .31 miles of rail line

between milepost 8.86 and the end of

the line at milepost 9.17, in the Village

of Hammondsport, Steuben County, NY.

B&H has certified that: (1) no local

traffic has moved over the line for at

least 2 years; (2) there is no overhead

traffic on the line; (3) no formal

complaint filed by a user of rail service

on the line (or by 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 (environmental report), 49

CFR 1105.8 (historic report), 49 CFR

1105.11 (transmittal letter), 49 CFR

1105.12 (newspaper publication) and 49

CFR 1152.50(d)(1) (notice to

governmental agencies) have been met.

As a condition to use of this

exemption, any employee adversely

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 expressions of

intent to file an offer of financial

assistance (OFA) has been received, this

exemption will be effective on April 7,

1995, unless stayed pending

reconsideration. Petitions to stay that do

not involve environmental issues,1