Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Notices 19411

1WisDOT acquired the involved line, among

others, under § 5(b)(2) of the Milwaukee Railroad

Restructuring Act in State of Wisconsin—

Acquisition of Certain Lines of Chicago, Milwaukee,

St. Paul and Pacific Railroad Company, Finance

Docket No. 29237 (ICC served Feb. 1, 1980). WSOR

was authorized to operate the involved line, among

others, in Wisconsin and Southern Railroad Co.—

Operation—Of a Line of Railroad in Dodge, Fond

du Lac, Green Lake, Columbia, Milwaukee,

Washington, Waukesha, and Winnebago Counties,

WI, Finance Docket No. 29375, et al. (ICC served

Nov. 5, 1980).

WSOR initiated this proceeding on April 18,

1994, by filing a verified notice under the

Commission’s class exemption procedure at 49 CFR

Part 1152, Subpart F—Exempt Abandonments and

Discontinuances to abandon the involved line.

WSOR’s notice was rejected because the only entity

that lawfully could abandon the line was WisDOT,

which owned the line and had a residual common

carrier obligation with respect thereto. Wisconsin &

Southern Railroad Co.—Abandonment

Exemption—In Dodge County, WI, Docket No. AB383 (Sub-No. 2X) (ICC served June 22, 1994).

On February 7, 1995, WisDOT tendered a petition

under 49 U.S.C. 10505 for an exemption from

Subtitle IV of Title 49 of the United States Code to

abandon the involved line. By letter filed April 6,

1995, WSOR requests permission to participate for

the purpose of exempting its discontinuance of

operations over the involved line. The WisDOT

pleading is accepted for filing as a verified notice

under the class exemption. The involved line

qualifies for treatment under those rules.

Because WisDOT proposes to abandon the

involved line, the only exemption it requires is

from 49 U.S.C. 10903. Lines such as the Beaver Dam

Loop that have been out of service for 2 years or

more have been exempted from 49 U.S.C. 10903 by

rule in Subpart F. The exemption is invoked by

filing a notice. WisDOT’s filing meets all of the

requirements of such a notice. Adequate notice to

government agencies and to the public has already

been provided by WSOR. An exemption from

Subtitle IV would be appropriate if WisDOT would

be subject to any other provision of the Interstate

Commerce Act in the future, but that is not the case.

WisDOT reiterates its belief that it is not subject to

the Commission’s jurisdiction, but notes that it is

not seeking a rehearing of that issue but rather an

exemption for abandonment of the line.

2The Commission will grant a stay if an informed

decision on environmental issues (whether raised

by a party or by the Commission in its independent

investigation) cannot be made before the

exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any

request for a stay should be filed as soon as possible

so that the Commission may take appropriate action

before the exemption’s effective date.

3See Exempt. of Rail Abandonment—Offers of

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

4The Commission will accept late-filed trail use

requests so long as the abandonment has not been

consummated and the abandoning railroad is

willing to negotiate an agreement.

reopened for the purpose of exempting

Wisconsin Department of

Transportation’s (WisDOT)

abandonment of, and Wisconsin &

Southern Railroad Co.’s (WSOR)

discontinuance of service over, the 1.3-

mile Beaver Dam Loop between

mileposts 149.0 and 150.3 in Beaver

Dam, Dodge County, WI.1

WisDOT and WSOR certify 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 over

other lines; (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 complainant’s favor within

the last 2 years; and (4) the requirements

at 49 CFR 1105.7 (environmental

report), 49 CFR 1105.8 (historic report),

49 CFR 1105.11 and 1152.50(d)(1)

(notice to government agencies), and 49

CFR 1105.12 (newspaper publication)

have been met.

As a condition to this exemption, any

employee adversely affected by the

abandonment and discontinuance shall

be protected under Oregon Short Line R.

Co.—Abandonment—Goshen, 360 I.C.C.

91 (1979). To address whether

employees are adequately protected, a

petition for partial revocation under 49

U.S.C. 10505(d) must be filed.

This exemption will be effective May

18, 1995, unless stayed or a statement of

intent to file an offer of financial

assistance (OFA) is filed. Petitions to

stay that do not involve environmental

issues,2 statements of intent to file an

OFA under 49 CFR 1152.27(c)(2),3 and

trail use/rail banking requests under 49

CFR 1152.294 must be filed by April 28,

1995. Petitions to reopen or requests for

public use conditions under 49 CFR

1152.28 must be filed by May 8, 1995.

An original and 10 copies of any such

filing must be sent to the Office of the

Secretary, Case Control Branch,

Interstate Commerce Commission,

Washington, DC 20423. In addition, one

copy must be served on Allyn Lepeska,

Wisconsin Department of

Transportation, Office of General

Counsel, Room 115 B, P.O. Box 7910,

Madison, WI 53707, and Robert A.

Wimbish, REA, CROSS &

AUCHINCLOSS, Suite 420, 1920 N

Street, N.W., Washington, DC 20036.

If the verified notice contains false or

misleading information, the exemption

is void ab initio.

The Commission’s Section of

Environmental Analysis (SEA) issued an

environmental assessment of

abandonment of the involved line on

May 9, 1994. A copy of the EA may be

obtained by writing to SEA (Room 3219,

Interstate Commerce Commission,

Washington, DC 20423) or by calling

Elaine Kaiser 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 will be imposed, where

appropriate, in a subsequent decision.

Decided: April 11, 1995.

By the Commission, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 95–9546 Filed 4–17–95; 8:45 am]

BILLING CODE 7035–01–P

Release of Waybill Data

The Commission has received a

request from Illinois Central Railroad

(IC) for permission to use certain data

from the 1993 I.C.C. Waybill Sample. A

copy of the request (WB472–4/06/95)

may be obtained from the I.C.C. Office

of Economic and Environmental

Analysis.

The waybill sample contains

confidential railroad and shipper data;

therefore, if any parties object to this

request, they should file their objections

with the Director of the Commission’s

Office of Economic and Environmental

Analysis within 14 calendar days of the

date of this notice. The rules for release

of waybill data are codified at 49 CFR

1244.8.

Contact: James A. Nash, (202) 927–

6196.

Vernon A. Williams,

Secretary.

[FR Doc. 95–9549 Filed 4–17–95; 8:45 am]

BILLING CODE 7035–01–M

DEPARTMENT OF JUSTICE

Information Collections Under Review

The Office of Management and Budget

(OMB) has been sent the following

collection(s) of information proposals

for review under the provisions of the

Paperwork Reduction Act (44 USC

Chapter 35) and the Paperwork

Reduction Reauthorization Act since the

last list was published. Entries are

grouped into submission categories,

with each entry containing the

following information:

(1) The title of the form/collection;

(2) The agency form number, if any,

and the applicable component of the

Department sponsoring the collection.

(3) Who will be asked or required to

respond, as well as a brief abstract;

(4) An estimate of the total number of

respondents and the amount of time

estimated for an average respondent to

respond;

(5) An estimate of the total public

burden (in hours) associated with the

collection; and,

(6) An indication as to whether

Section 3504(h) of Public Law 96–511

applies.

Comments and/or suggestions

regarding the item(s) contained in this
19412 Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Notices

notice, especially regarding the

estimated public burden and associated

response time, should be directed to the

OMB reviewer, Mr. Jeff Hill on (202)

395–7340 AND to the Department of

Justice’s Clearance Officer, Mr. Robert B.

Briggs, on (202) 514–4319. If you

anticipate commenting on a form/

collection, but find that time to prepare

such comments will prevent you from

prompt submission, you should notify

the OMB reviewer AND the Department

of Justice Clearance Officer of your

intent as soon as possible. Written

comments regarding the burden

estimate or any other aspect of the

collection may be submitted to Office of

Information and Regulatory Affairs,

Office of Management and Budget,

Washington, DC 20503, AND to Mr.

Robert B. Briggs, Department of Justice

Clearance Officer, Systems Policy Staff/

Information Resources Management/

Justice Management Division Suite 850,

WCTR, Washington, DC 20530.

Revision of a Currently Approved

Collection

(1) National Prisoner Statistics—Drug

Use Forecasting Program.

(2) None. Bureau of Justice Statistics,

United States Department of Justice.

(3) Primary—State, Local, or Tribal

Government. Others—None. The Drug

Use Forecasting Program monitors the

extent and type of drug use among

arrestees in 24 cities. Data is collected

in each city every three months from a

new sample of arrestees. Participation is

voluntary and anonymous, data

collected include an interview and

urine specimen.

(4) 35,000 annual respondents at .25

hours per response.

(5) 8,750 annual burden hours.

(6) Not applicable under Section

3504(h) of Public Law 96–511.

Public comment on this item is

encouraged.

Dated: April 13, 1995.

Robert B. Briggs,

Department Clearance Officer, United States

Department of Justice.

[FR Doc. 95–9465 Filed 4–17–95; 8:45 am]

BILLING CODE 4410–18–M

Drug Enforcement Administration

Alvin E. French, M.D.; Revocation of

Registration

On February 7, 1994, the Deputy

Assistant Administrator, Office of

Diversion Control, Drug Enforcement

Administration (DEA), issued an Order

to Show Cause to Alvin E. French, M.D.,

of Lima, New York. The Order to Show

Cause sought to revoke Dr. French’s

DEA Certificate of Registration,

AF6392106, and to deny any pending

applications for renewal of such

registration.

The Order to Show Cause was sent to

Dr. French at his registered location,

7304 East Main Street, Box 304, Lima,

New York 14485, by registered mail.

The Order to Show Cause was returned

to DEA unclaimed with a notation on

the envelope indicating that the

forwarding order had expired. DEA

investigators contacted the United

States Post Office in Lima as well as the

New York State Department of Health in

an unsuccessful attempt to obtain a

current address for Dr. French. Due to

the fact that Dr. French has left no

forwarding address, he is deemed to

have waived his opportunity for a

hearing. The Deputy Administrator now

enters his final order in this matter

without a hearing and based on the

investigative file. See 21 CFR 1301.54(d)

and 1301.57.

The Order to Show Cause alleged that

Dr. French’s DEA registration should be

revoked in light of the fact that he is no

longer authorized by the State of New

York to handle controlled substances.

See 21 U.S.C. 824(a)(3). The

investigative file reveals that Dr. French

voluntarily surrendered his New York

State medical license effective

November 5, 1992.

It is well established that the DEA

cannot register a practitioner who is not

duly authorized to handle controlled

substances in the state in which he does

business. See 21 U.S.C. 823(f). The DEA

has consistently held that practitioners

who lack state authorization to handle

controlled substances cannot be

registered by DEA. See Ramon Pla,

M.D., 51 FR 41168 (1986); George S.

Heath, M.D., 51 FR 26610 (1986); Dale

D. Shahan, D.D.S., 51 FR 23481 (1986).

Consequently, the Deputy

Administrator concludes that since Dr.

French is no longer authorized to

handle controlled substances by the

State of New York, Dr. French’s DEA

Certificate of Registration should 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 and 28 CFR 0.100(b) and 0.104,

hereby orders that DEA Certificate of

Registration, AF6392106, issued to

Alvin E. French, M.D., be, and it hereby

is, revoked, and that any pending

applications for registration be, and they

hereby are, denied. This order is

effective May 18, 1995.

Dated: April 12, 1995.

Stephen H. Greene,

Deputy Administrator.

[FR Doc. 95–9486 Filed 4–17–95; 8:45 am]

BILLING CODE 4410–09–M

DEPARTMENT OF LABOR

Office of the Secretary

Agency Recordkeeping/Reporting

Requirements Under Review by the

Office of Management and Budget

(OMB)

April 13, 1995.

The Department of Labor has

submitted the following public

information collection request (ICR) to

the Office of Management and Budget

(OMB) for review and clearance under

the Paperwork Reduction Act (44 U.S.C.

Chapter 35) of 1980, as amended (Pub.

L. 96–511). A copy may be obtained by

calling the Department of Labor

Departmental Clearance Officer,

Kenneth A. Mills ({202} 219–5095).

Comments and questions about this ICR

should be directed to Mr. Mills, Office

of Information Resources Management

Policy, U.S. Department of Labor, 200

Constitution Avenue, NW., Room N–

1301, Washington, DC 20210.

Comments should also be sent to the

Office of Information and Regulatory

Affairs, Attn: OMB Desk Officer for

ETA, Office of Management and Budget,

Room 10235, Washington, DC 20503

({202} 395–7316).

Individuals who use a

telecommunications device for the deaf

(TTY/TDD) may call {202} 219–4720

between 1:00 p.m. and 4:00 p.m. Eastern

time, Monday through Friday.

Type of Review: Extension.

Agency: Employment and Training

Administration.

Title: Procedures for Classifying Labor

Surplus Areas.

OMB Number: 1205–0207.

Frequency: On occasion.

Affected Public: Federal Government;

State, Local or Tribal Government.

Number of Respondents: 52.

Estimated Time Per Respondent: 1 hour.

Total Burden Hours: 208.

Description: The Department of Labor

issues an annual list of labor surplus areas

(LASs) so that Federal agencies can direct

procurement contracts to employers in high

unemployment areas. The annual LAS list is

updated during the year based on petitions

submitted to the Department of Labor by

State employment security agencies

requesting additional areas for classification.

Theresa M. O’Malley,

Acting Departmental Clearance Officer.

[FR Doc. 95–9561 Filed 4–17–95; 8:45 am]

BILLING CODE 4510–30–M