Federal Register / Vol. 61, No. 106 / Friday, May 31, 1996 / Notices 27367

[WY980–1320–01; WYW 136069]

Notice of Proposed Withdrawal and

Opportunity for Public Meeting; WY

AGENCY: BLM, Interior.

ACTION: Notice.

SUMMARY: The BLM proposes to

withdraw 4,326.51 acres of public land

in Sweetwater and Uinta Counties, to

protect the habitat of the Uinta

greenthread, Thelesperma pubescens.

This notice closes the land for up to 2

years from surface entry and mining.

The land will remain open to mineral

leasing.

DATE: Comments and requests for

meeting should be received on or before

August 29, 1996.

ADDRESS: Comments and meeting

requests should be sent to the BLM

Wyoming State Director, P.O. Box 1828,

Cheyenne, Wyoming 82003–1828.

FOR FURTHER INFORMATION CONTACT: Jim

Paugh, BLM Wyoming State Officer,

307–775–6306.

SUPPLEMENTARY INFORMATION: On April

30, 1996, a petition/application was

approved by the Assistant Secretary for

Land and Minerals Management. The

approval of the petition/application

results in a proposal to withdraw the

following described public land from

settlement, sale, location, or entry under

the general land laws, including the

mining laws, subject to valid existing

rights:

Sixth Principal Meridian

T. 13 N., R. 111 W.,

Sec. 5, lot 8 and NW1⁄4SW1⁄4NW1⁄4;

Sec. 6, SE1⁄4NE1⁄4, S1⁄2NE1⁄4SW1⁄4,

SE1⁄4SW1⁄4 and N1⁄2SE1⁄4;

Sec. 7, N1⁄2NE1⁄4NW1⁄4;

Sec. 9, NW1⁄4NE1⁄4 (reserved Federal

minerals);

Sec. 17, SW1⁄4SW1⁄4;

Sec. 18, S1⁄2S1⁄2SE1⁄4;

Sec. 19, lot 6 and E1⁄2NW1⁄4;

Sec. 19, N1⁄2NW1⁄4NE1⁄4 (reserved Federal

minerals).

T. 14 N., R. 111 W.,

Sec. 19, E1⁄2SE1⁄4;

Sec. 30, SE1⁄4NW1⁄4 and NE1⁄4SW1⁄4;

Sec. 32, S1⁄2NE1⁄4SW1⁄4, E1⁄2SW1⁄4SW1⁄4

and SE1⁄4SW1⁄4;

Sec. 33, S1⁄2NE1⁄4 and N1⁄2SE1⁄4.

T. 13 N., R. 112 W.,

Sec. 2, SW1⁄4NW1⁄4 and NW1⁄4SW1⁄4;

Sec. 3, E1⁄2SE1⁄4;

Sec. 10,

Sec. 15, NW1⁄4NE1⁄4, E1⁄2NW1⁄4, N1⁄2SW1⁄4

and SW 1⁄4SW1⁄4;

Sec. 16, NW1⁄4SE1⁄4;

Sec. 22, W1⁄2NW1⁄4, NW1⁄4SW1⁄4 and SE1⁄4;

Sec. 23, W1⁄2SW1⁄4;

Sec. 23, E1⁄2SW1⁄4, W1⁄2SE1⁄4, and

NE1⁄4SE1⁄4 (reserved Federal minerals).

The areas described aggregate 2,149.85

acres in Sweetwater County.

Sixth Principal Meridian, Wyoming

T. 13 N, R. 112 W.,

Sec. 16, NE1⁄4SW1⁄4 and S1⁄2SW1⁄4;

Sec. 17, SE1⁄4SW1⁄4 and SW1⁄4SE1⁄4;

Sec. 20, N1⁄2, SW1⁄4 and W1⁄2SE1⁄4;

Sec. 21, NW1⁄4.

T. 13 N., R. 113 W.,

Sec. 3, lots 6 and 7, W1⁄2SW1⁄4NE1⁄4,

E1⁄2SE1⁄4NW1⁄4, E1⁄2E1⁄2SW1⁄4 and

W1⁄2W1⁄2SE1⁄4.

T. 14 N., R. 113 W.,

Sec. 34, SE1⁄4NE1⁄4 and W1⁄2SE1⁄4;

Sec. 35, W1⁄2SW1⁄4 (reserved Federal

minerals).

T. 13 N., R. 114 W.,

Sec. 13, SW1⁄4NE1⁄4, E1⁄2SW1⁄4 and

W1⁄2SE1⁄4;

Sec. 13, SE1⁄4SW1⁄4SW1⁄4 (reserved Federal

minerals);

Sec. 23, SE1⁄4SE1⁄4;

Sec. 23, SE1⁄4NE1⁄4 and NE1⁄4SE1⁄4 (reserved

Federal minerals);

Sec. 24, E1⁄2W1⁄2 and SW1⁄4SW1⁄4;

Sec. 24, W1⁄2NW1⁄4 and NW1⁄4SW1⁄4

(reserved Federal minerals);

Sec. 28, SE1⁄4SE1⁄4 (reserved Federal

minerals);

Sec. 33, E1⁄2NE1⁄4.

The area described aggregate 2,086.66 acres

in Uinta County. Total area of proposed

withdrawal is 4,236.51 acres.

The purpose of the proposed

withdrawal is to protect the habitat of

Thelesperma pubescens, a Category 2,

Candidate species considered for listing

under the Endangered Species Act. This

plant species is found in only three

populations in Wyoming, occurring on

the summit edges of three mesa-like

mountains. It’s entire range is estimated

to be less than 100 square miles with the

total population size estimated at less

than 10,000 individuals.

For a period of 90 days from the date

of publication of this notice, all persons

who wish to submit comments,

suggestions, or objections in connection

with the proposed withdrawal may

present their views in writing to the

undersigned officer of the BLM.

Notice is hereby given that an

opportunity for a public meeting is

afforded in connection with the

proposed withdrawal. All interested

persons who desire a public meeting for

the purpose of being heard on the

proposed withdrawal must submit a

written request to the BLM Wyoming

State Director within 90 days from the

date of publication of this notice. Upon

determination by the authorized officer

that a public meeting will be held, a

notice of time and place will be

published in the Federal Register at

least 30 days before the scheduled date

of the meeting.

The application will be processed in

accordance with the regulations set

forth in 43 CFR 2300.

For a period of 2 years from the date

of publication of this notice in the

Federal Register, the land will be

segregated as specified above unless the

proposal is denied or cancelled or the

withdrawal is approved prior to that

date. Licenses, permits, cooperative

agreements, or discretionary land use

authorizations of a temporary nature

which would not impact the plant

habitat may be allowed with the

approval of an authorized officer of the

BLM during the segregative period.

Melvin Schlagel,

Realty Officer.

[FR Doc. 96–13705 Filed 5–30–96; 8:45 am]

BILLING CODE 4310–22–M

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree

Pursuant to the Comprehensive

Environmental Response,

Compensation and Liability Act

Pursuant to Section 122(d)(2) of the

Comprehensive Environmental

Response, Compensation and Liability

Act (‘‘CERCLA’’), 42 U.S.C. 9622(d)(2),

and Departmental policy, 28 C.F.R.

§ 50.7, notice is hereby given that a

proposed consent decree in United

States v. Allied Signal, Inc., et al., Civil

Action No. 95–617P, was lodged on

November 28, 1995 with the United

States District Court for the District of

Rhode Island. Additional parties were

allowed to join the Consent Decree, and

thirty-six additional defendants join the

Decree in a filing with the court on May

7, 1996. Defendants Allied Signal, Inc.;

American Cyanamid Company; Ashland

Chemical Company; Elf Atochem North

America, Inc. (M & T Chemical, Inc.);

GAF Corporation; General Electric

Company; Hydron Laboratories Inc.;

Mallinckrodt & Baker, Inc. (J.T. Baker,

Inc.); Monsanto Company; Morton

International, Inc., Allied Signal, Inc.;

American Cyanamid Company; Ashland

Chemical Company; Elf Atochem North

America, Inc.; GAF Corporation;

General Electric Company; Hydron

Laboratories, Inc.; Mallinckrodt Baker,

Inc.; Monsanto Company; Morton

International, Inc.; Air Products and

Chemical, Inc.; American Standard, Inc.;

Armstrong World Industries, Inc.; Bayer

Corporation (fka Miles Inc.); Ber Mar

Manufacturing Corp.; Borden, Inc.;

Branson Ultrasonics Corp.; Burndy

Corporation (currently, Framatone

Connectors USA Inc.); Ciba-Geigy

Corporation; Connecticut Hard Rubber

Co./Chr Industries, Inc.; Eaton

Corporation; Ganes Chemicals Inc.;

Grumman Corp. & Grumman Aerospace

Company, Inc.; Hoechst Celanese

Corporation; King Industries, Inc.; Kraft

Foods, Inc. (On behalf of General Foods
27368 Federal Register / Vol. 61, No. 106 / Friday, May 31, 1996 / Notices

USA); Kraft Foods, Inc. (On behalf of

Ware Chemical); the Mennen Company,

Inc.; Merck & Co., Inc.; Mine Safety

Appliances Company; Minnesota

Mining & Manufacturing Company; NL

Industries, Inc.; National Starch and

Chemical Company; Occidental

Chemical Corporation (as successor to

Diamond Shamrock Chemicals Inc.);

The Perkin-Elmer Corporation; Pfizer

Inc; Pitney Bowes, Inc.; Reichold

Chemicals, Inc.; Revlon Consumer

Products Corporation; Schenectady

International, Inc.; E.R. Squibb & Sons,

Inc.; Textron, Inc. (Patterson-Sargent);

Union Carbide Corporation; The Upjohn

Company; R.T. Vanderbilt Company,

Inc.; and Wyeth Laboratories, Inc., are

all generators of wastes containing

hazardous substances which were

disposed of at the Picillo Farm

Superfund Site in Coventry, Rhode

Island.

Under the terms of the proposed

decree, defendants will perform and/or

pay for certain remedial design/

remedial action work involving soil

source control and management of

groundwater mitigation. The work to be

undertaken and/or paid for by

defendants is valued by the United

States Environmental Protection Agency

at $15.9 million. The proposed decree

includes a covenant not to sue by the

United States under Sections 106 and

107 of CERCLA, 42 U.S.C. §§ 9601 et

seq., and under Section 7003 of the

Resources Conservation and Recovery

Act (‘‘RCRA’’), 42 U.S.C. 6973.

The Department of Justice will

receive, for a period of thirty (30) days

from the date of this publication,

comments relating to the proposed

consent decree. Comments should be

addressed to the Assistant Attorney

General for the Environment and

Natural Resources Division, Department

of Justice, Washington, D.C. 20530, and

should refer to United States v. Allied

Signal, Inc., et al., D.J. reference #90–

11–2–985. Commenters may request an

opportunity for a public meeting in the

affected area, in accordance with

Section 7003(d) of RCRA.

The proposed consent decree may be

examined at the Office of the United

States Attorney for the District of Rhode

Island, Westminster Square Building, 10

Dorrance Street, 10th Floor, Providence,

Rhode Island; the Region I Office of the

Environmental Protection Agency, 290

Canal Street, Boston, Massachusetts;

and at the Consent Decree Library, 1120

G Street, N.W., 4th Floor, Washington,

D.C. 20005, (202) 624–0892. A copy of

the proposed consent decree may be

obtained in person or by mail from the

Consent Decree Library, 1120 G Street,

N.W., 4th Floor, Washington, D.C. In

requesting a copy, please enclose a

check in the amount of $2.75 (25 cents

per page reproduction costs), payable to

the Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section,

Environment and Natural Resources Division.

[FR Doc. 96–13623 Filed 5–30–96; 8:45 am]

BILLING CODE 4410–01–M

Drug Enforcement Administration

Maxicare Pharmacy, Revocation of

Registration

On November 1, 1995, the Deputy

Assistant Administrator, Office of

Diversion Control, Drug Enforcement

Administration (DEA), issued an Order

to Show Cause to Maxicare Pharmacy,

(Respondent) of Houston, Texas,

notifying it of an opportunity to show

cause as to why DA should not revoke

its DEA Certificate of Registration,

BM3971644, under U.S.C. 824(a) (2) and

(4), and deny any pending application

under 21 U.S.C. 823(f), as being

inconsistent with the public interest.

Specifically, the Order to Show Cause

alleged, among other things, that (1) on

September 26, 1994, the Respondent’s

pharmacist and owner (Owner)

provided falsified controlled substance

records to DEA, allegedly documenting

receipt of controlled substances from a

local distributor, when subsequently it

was determined that an employee of the

distributor was unlawfully supplying

controlled substances to the

Respondent; (2) on January 12, 1995, the

Owner and her husband were indicated

on numerous counts of violating the

Texas Health and Safety code related to

the handling of controlled substances;

(3) on July 25, 1995, the Owner was

found guilty on nine counts of engaging

in organized criminal activity related to

theft of controlled substances by a

public servant, and she was found guilty

of fraud, theft and commercial

violations of the controlled substances

act, for which she was sentenced to ten

years imprisonment and was ordered to

pay a $3,000.00 fine; and (4) the

Owner’s husband was found guilty of

two counts of engaging in organized

criminal activity related to theft of

controlled substances, and he was

sentenced to seven years imprisonment.

The Order was mailed in the U.S.

Mail, and a signed receipt dated

November 6, 1995, was returned to

DEA. However, neither the Respondent

nor anyone purporting to represent it

has replied to the Order to Show Cause.

More than thirty days have passed since

the Order was served upon the

Respondent. Therefore, pursuant to 21

CFR 1301.54(d), the Deputy

Administrator finds that the Respondent

has waived its opportunity for a hearing

on the issues raised by the Order to

Show Cause, and, after considering the

investigative file, enters his final order

in this matter without a hearing

pursuant to 21 CFR 1301.54(e) and

1301.57.

The Deputy Administrator finds that

the Respondent was issued DEA

Certificate of Registration BM3971644

on April 22, 1994, as a retail pharmacy,

owned by the Owner and her husband

(Co-owner). A DEA investigation

revealed that, as a result of a DEA audit,

the Respondent had significant overages

of clonazepam and alprazolam, both

Schedule IV controlled substances

pursuant to 21 C.F.R. 1308.14.

Specifically, on September 20, 1994,

pursuant to a federal administrative

inspection warrant executed at the

Respondent pharmacy, a DEA Diversion

Investigator (Investigator) conducted an

audit of four different controlled

substances, to include clonazepam and

alprazolam. The Investigator and the

Owner, who was also the pharmacist-incharge, counted the existing inventory

of these substances, to include trade

names and generic equivalents, and

compared the number on hand with

documents which noted the amounts

purchased, dispensed, or loaned by the

Respondent to other pharmacies. As a

result of this audit, it was determined

that on September 20, 1994, there were

1,000 more clonazepam tablets than

could be accounted for by the

Respondent’s records, to include

purchase invoices and filled

prescriptions. Also, on that date, there

were 1,400 more alprazolam tablets than

could be accounted for by the

Respondent’s records, and a total

variance for all four substances of 3,438

tablets.

During the inspection, the Investigator

asked the Owner to provide the

Respondent pharmacy’s records for

alprazolam and clonazepam. The Owner

told the Investigator that some of her

acquisition invoices were at home, but

she agreed to deliver these documents to

the Investigator. On September 26, 1994,

the Owner delivered to the Investigator

several invoices from Abbey

Pharmaceutical which were dated

between July 1, 1994, and September 2,

1994. The Owner also told the

Investigator that a named employee

(Employee) of Abbey Pharmaceutical

had agreed to loan the Respondent

pharmacy these controlled substances

for up to one year, and at the end of that

year, the Owner was either to replace

the substances or to pay for them.

However, when the Investigator