Federal Register / Vol. 60, No. 65 / Wednesday, April 5, 1995 / Notices 17367

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 the

Continued

cease and desist from engaging in unfair

acts in the importation and sale of such

articles. Accordingly, the Commission is

interested in receiving written

submissions that address the form of

remedy, if any, that should be ordered.

If a party seeks exclusion of an article

from entry into the United States for

purposes other than entry for

consumption, the party should so

indicate and provide information

establishing that activities involving

other types of entry either are adversely

affecting it or are likely to do so. For

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.

Written Submissions

The parties to the investigation are

requested to file written submissions on

the issues under review. The

submissions should be concise and

thoroughly referenced to the record in

this investigation, including references

to specific exhibits and testimony.

Additionally, 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.

Complainants 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 April 13, 1995. Reply submissions

must be filed no later than the close of

business on April 20, 1995. No further

submissions will be permitted unless

otherwise ordered by the Commission.

Persons filing written submissions

must file with the Office of the Secretary

the original document and 14 true

copies thereof 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 (19 U.S.C. 1337) and sections

210.54-.55 of the Commission’s Interim

Rules of Practice and Procedure (19 CFR

210.54-.55).

Copies of the public 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 S.W., Washington, D.C. 20436,

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

information on the matter can be

obtained by contacting the

Commission’s TDD terminal on 202–

205–1810.

Issued: March 30, 1995.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 95–8356 Filed 4–4–95; 8:45 am]

BILLING CODE 7020–02–P

INTERSTATE COMMERCE

COMMISSION

[Docket No. AB–290 (Sub-No. 169X)]

Norfolk and Western Railway

Company—Abandonment Exemption—

Between Ferguson Junction and Glen

Echo, MO

Norfolk and Western Railway

Company (NW) has filed a notice of

exemption under 49 CFR Part 1152

subpart F—Exempt Abandonments to

abandon its 2.56-mile line of railroad

between milepost UD–9.94 at Glen Echo

and milepost UD–12.50 at Ferguson

Junction in St. Louis County, MO.

NW 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 (service of environmental

report on agencies), 49 CFR 1105.8

(service of historic report on State

Historic Preservation Officer), 49 CFR

1105.11 (transmittal letter), 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 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 May 5,

1995, unless stayed pending

reconsideration. Petitions to stay that do

not involve environmental issues,1
17368 Federal Register / Vol. 60, No. 65 / Wednesday, April 5, 1995 / Notices

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.

4The Gateway Trailnet, Inc. seeks issuance of a

notice of interim trail use/railbanking (NITU) under

16 U.S.C. 1247(d) and a 180-day public use

condition under 49 U.S.C. 10906. A copy of the

request does not appear to have been served on NW

as required at 49 CFR 1104.12(a). Gateway is

directed to serve a copy of the request on NW.

Accordingly, the requests will be handled in a

subsequent decision.

1 In Danbury Terminal Railroad Company and

Maybrook Properties, Inc.—Acquisition and

Operation Exemption—Consolidated Rail

Corporation, Finance Docket No. 32180 (Sub-No. 1)

(ICC served Dec. 29, 1992), DTRR obtained

operating and freight rights over the Harlem Line,

between milepost 22.0, in White Plains and

milepost 81.6, in Wassaic. Following the proposed

discontinuance, DTRR will continue to operate

between mileposts 43.4 and 55.2.

2The Commission’s Section of Environmental

Analysis will not conduct an independent

investigation because no environmental effects are

expected in cases where service on the line will

continue. A stay will be issued routinely by the

Commission if an informed decision on

environmental issues raised by a party cannot be

made before 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.

3See Exempt. of Rail Abandonment—Offers of

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

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 April 17,

1995. Petitions to reopen or requests for

public use conditions under 49 CFR

1152.28 must be filed by April 25, 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: James R.

Paschall, Norfolk Southern Corporation,

Three Commercial Place, Norfolk, VA

23510.

If the notice of exemption contains

false or misleading information, the

exemption is void ab initio.

Applicant has filed an environmental

report which addresses the

abandonment’s effects, if any, on the

environment and historic resources. The

Section of Environmental Analysis

(SEA) will issue an environmental

assessment (EA) by April 10, 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

becomes available to the public.

Environmental, historic preservation,

public use, or trail use/rail banking

conditions 4 will be imposed, where

appropriate, in a subsequent decision.

Decided: March 29, 1995.

By the Commission, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 95–8315 Filed 4–4–95; 8:45 am]

BILLING CODE 7035–01–P

[Docket No. AB–443X]

Danbury Terminal Railroad Company—

Discontinuance Exemption

—Westchester, Putnam, and Dutchess

Counties, NY

Danbury Terminal Railroad Company

(DTRR) has filed a notice of exemption

under 49 CFR Part 1152 Subpart F—

Exempt Abandonments and

Discontinuances of Service and

Trackage Rights to discontinue trackage

rights over two segments of the rail line

known as the Harlem Line. The first line

segment is located between milepost

55.2, in Dykemans, and milepost 81.6,

in Wassaic, a distance of approximately

26.4 miles in Dutchess and Putnam

Counties, NY. The second line segment

is located between milepost 22.0, in

White Plains, and milepost 43.4, in

Golden’s Bridge, a distance of

approximately 21.4 miles in

Westchester County, NY.

The Harlem Line, except between

mileposts 77.0 and 81.1, is owned by

American Premier Underwriters, Inc., a

noncarrier, and leased by the

Metropolitan Transportation Authority

(MTA). MTA’s subsidiary, Metro North

Commuter Railroad Company (MNCR)

provides commuter passenger rail

service over the entire Harlem Line,

except between milepost 77.0 and

milepost 81.1. That portion is owned by

the New York and Harlem Railroad

Company and is the subject of

acquisition negotiations with MNCR,

which, when completed, will enable

MNCR to extend its commuter

passenger service to Wassaic. In

addition, Consolidated Rail Corporation

(Conrail) provides freight service over

the line under an unspecified operating

arrangement with the owners and

lessee. DTRR acquired the rights at issue

here from Conrail.1 Thus, freight and

passenger service will still be provided

after the discontinuance.

DTRR has certified that: (1) No local

traffic has moved pursuant to the

trackage rights operation 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 discontinuance 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) to subsidize continued

operations has been received, this

exemption will be effective on May 5,

1995, unless stayed pending

reconsideration. Petitions to stay that do

not involve environmental issues 2 and

formal expressions of intent to file an

OFA under 49 CFR 1152.27(c)(2) 3 must

be filed by April 17, 1995. Petitions to

reopen must be filed by April 25, 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: Robert A.

Wimbish, Suite 420, 1920 N Street,

N.W., Washington, D.C. 20036.

If the notice of exemption contains

false or misleading information, the

exemption is void ab initio.

Decided: March 31, 1995.

By the Commission, Joseph H. Dettmar,

Acting Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 95–8355 Filed 4–4–95; 8:45 am]

BILLING CODE 7035–01–P