BNSF Railway Company and Soo Line Railroad Company, Inc.-Joint Relocation Project Exemption-in Duluth, MN, 25834-25835 [E7-8541]

Download as PDF 25834 Federal Register / Vol. 72, No. 87 / Monday, May 7, 2007 / Notices Authority: 49 U.S.C. 30118, 30120; delegations of authority at 49 CFR 1.50 and 501.8. consumer service to the general population. In addition, Baby Trend states that the use of the internet, improvements to NHTSA’s Web sites and the implementation of the integrated http://www.recall.gov Web site allows consumers interested in contacting NHTSA to do so more effectively than ever before. Issued on: May 1, 2007. Daniel C. Smith, Associate Administrator for Enforcement. [FR Doc. E7–8680 Filed 5–4–07; 8:45 am] BILLING CODE 4910–59–P pwalker on PROD1PC71 with NOTICES NHTSA Decision DEPARTMENT OF TRANSPORTATION NHTSA specifies that child seat manufacturers must provide the telephone number for the Vehicle Safety Hotline so that consumers concerned about safety recalls or potential safety related defects could contact the agency. That telephone number has been changed. A final rule published on June 21, 2005, in the Federal Register (70 FR 3556) revised the relevant section of the Code of Federal Regulations (CFR) to correct the telephone number. In that same final rule, NHTSA also added guidance related to the use of the URL of the NHTSA Web site on printed instructions for the proper use of infant car seats. Although the Hotline number included in the printed instructions for the Baby Trend infant car seats is not the correct number for the Hotline, it is an active number which currently provides callers with a referral to the new Hotline number. This referral from the old number will be active for the foreseeable future. Inclusion of the NHTSA Web site address in the printed instructions for proper use is optional and its absence on the printed instructions for the subject infant child seats does not constitute a noncompliance of FMVSS No. 213. NHTSA therefore agrees with Baby Trend that there is no safety consequence because consumers will still have ready access to the new Hotline number by calling the old Hotline number provided by Baby Trend. NHTSA agrees that the noncompliance is inconsequential to motor vehicle safety. The use of the outdated telephone number should not prevent the owners of the child seats from being able to readily access recall information. In consideration of the foregoing, NHTSA has decided that Baby Trend has met its burden of persuasion that the noncompliance described is inconsequential to motor vehicle safety. Accordingly, Baby Trend’s petition is granted and the petitioner is exempted from the obligation of providing notification of, and a remedy for, the noncompliance. VerDate Aug<31>2005 18:36 May 04, 2007 Jkt 211001 Surface Transportation Board [STB Finance Docket No. 35003] BNSF Railway Company and Soo Line Railroad Company, Inc.—Joint Relocation Project Exemption—in Duluth, MN On April 18, 2007,1 BNSF Railway Company (BNSF) and Soo Line Railroad Company, Inc., d/b/a Canadian Pacific Railway (CPR), jointly filed a notice of exemption under 49 CFR 1180.2(d)(5) to relocate and construct track within and around Rice’s Point Yard between CPR mileposts 288.70 and 287.20, in Duluth, MN. BNSF and CPR will construct, maintain, repair and renew their own trackage and turnouts under the Duluth Public Works Project. The purpose of the joint relocation project is to accommodate a new public roadway, Davis-Helberg Drive (also referred to as Helberg Drive), being constructed as part of a Port of Duluth improvement project. The project consists of the following transactions: (1) BNSF will grant CPR nonexclusive overhead trackage rights to operate its trains, locomotives, cars and equipment with its own crews over trackage owned and operated by BNSF located between Points C and D, a distance of approximately 825 feet. Point C is currently located at BNSF milepost 1.46 (CPR milepost 288.25) and, after construction, because of changes to the overall track configuration within the CPR track system, Point C will be designated CPR milepost 288.24. Point D is currently located at BNSF milepost 1.49 and, after construction, Point D will be designated as CPR milepost 287.91. These trackage rights are intended to enable CPR a direct run-through to bypass switches at Cargill (or its successor). BNSF will continue to operate over this segment. (2) CPR will grant BNSF nonexclusive overhead trackage rights to 1 The notice was initially filed on March 26, 2007. On April 3, 9, and 18, 2007, amendments were filed to more clearly identify the trackage involved in this proceeding. Because the notice was not complete until the April 18 filing, that date will be considered the actual filing date. PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 operate its trains, locomotives, cars and equipment with its own crews over trackage owned and operated by CPR located between Points E and I, a distance of approximately 350 feet. After construction, Point E will be on new trackage to be designated as CPR milepost 287.75. Point I is located on crossover yard track between BNSF and CPR. There is no milepost designation for this yard track, but the end point of the trackage rights (Point I), is approximately 350 feet south of Point E. These trackage rights are intended to enable BNSF to continue to connect with the Duluth Seaway Port Authority, which includes serving AG Processing, Inc. (or its successor), Azcon (or its successor), and the Garfield Industrial area. CPR will continue to operate over this segment.2 (3) BNSF will grant CPR a freight easement on BNSF’s property for the purchase, relocation and reconstruction of a portion of CPR’s line between Points A and B (Point A being the westerly BNSF right-of-way near Point C) (easement), a distance of approximately 2,500 feet. Point A is currently located at BNSF milepost 1.61. After construction, Point A will be located on new trackage designated as CPR milepost 288.10, and Point B will be located on new trackage to be designated as CPR milepost 287.64. Applicants state that the proposed project will not disrupt service to shippers, as applicants will continue to have access to the Port. Additionally, applicants state that the relocated line and trackage rights will not involve an expansion of service by BNSF or CPR into new territory, or alter the existing competitive situation. The Board will exercise jurisdiction over the abandonment or construction components of a relocation project, and require separate approval or exemption, only where the removal of track affects service to shippers or the construction of new track involves expansion into new territory. See City of Detroit v. Canadian National Ry. Co., et al., 9 I.C.C.2d 1208 (1993), aff’d sub nom. Detroit/Wayne County Port Authority v. ICC, 59 F.3d 1314 (D.C. Cir. 1995). Line relocation projects may embrace trackage rights transactions such as the one involved here. See D.T.&I.R.— 2 Applicants state that the overhead reciprocal trackage rights will terminate 25 years from the execution date (initial term). Unless BNSF or CPR notifies the other in writing at least 6 months prior to the expiration of the initial term, the trackage rights may continue in full force and effect for up to 3 successive terms of 25 years each under the same terms and conditions. The parties must seek appropriate Board authority for the trackage rights to expire at the end of the initial term or at the end of the successive term or terms, as appropriate. E:\FR\FM\07MYN1.SGM 07MYN1 Federal Register / Vol. 72, No. 87 / Monday, May 7, 2007 / Notices Trackage Rights, 363 I.C.C. 878 (1981). Under these standards, the incidental abandonment, construction, and trackage rights components require no separate approval or exemption when the relocation project, as here, will not disrupt service to shippers and thus qualifies for the class exemption at 49 CFR 1180.2(d)(5). As a condition to this exemption, any employees affected by the trackage rights will be protected by the conditions imposed in Norfolk and Western Ry. Co.—Trackage Rights—BN, 354 I.C.C. 605 (1978), as modified in Mendocino Coast Ry., Inc.—Lease and Operate, 360 I.C.C. 653 (1980). The earliest this transaction may be consummated is the May 18, 2007 effective date of the exemption (30 days after the exemption was filed). If the verified notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the transaction. Petitions for stay must be filed no later than May 11, 2007 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35003, must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423– 0001. In addition, a copy of each pleading must be served on applicants’ representatives: Sidney L. Strickland, Jr., 3050 K Street, NW., Suite 101, Washington, DC 20007, and Leigh Currie, 150 South Fifth Street, Suite 2300, Minneapolis, MN 55402. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: April 27, 2007. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7–8541 Filed 5–4–07; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control pwalker on PROD1PC71 with NOTICES Additional Designation of Entities Pursuant to Executive Order 13382 Office of Foreign Assets Control, Treasury. AGENCY: VerDate Aug<31>2005 18:36 May 04, 2007 Jkt 211001 ACTION: Notice. SUMMARY: The Treasury Department’s Office of Foreign Assets Control (‘‘OFAC’’) is publishing the names of three newly-designated entities whose property and interests in property are blocked pursuant to Executive Order 13382 of June 28, 2005, ‘‘Blocking Property of Weapons of Mass Destruction Proliferators and Their Supporters.’’ DATES: The designation by the Secretary of the Treasury of the three entities identified in this notice pursuant to Executive Order 13382 is effective on February 16, 2007. FOR FURTHER INFORMATION CONTACT: Assistant Director, Compliance Outreach & Implementation, Office of Foreign Assets Control, Department of the Treasury, Washington, DC 20220, tel.: 202/622–2490. SUPPLEMENTARY INFORMATION: Electronic and Facsimile Availability This document and additional information concerning OFAC are available from OFAC’s Web site (http://www.treas.gov/ofac) or via facsimile through a 24-hour fax-on demand service, tel.: (202) 622–0077. Background On June 28, 2005, the President, invoking the authority, inter alia, of the International Emergency Economic Powers Act (50 U.S.C. 1701–1706) (‘‘IEEPA’’), issued Executive Order 13382 (70 FR 38567, July 1, 2005) (the ‘‘Order’’), effective at 12:01 a.m. eastern daylight time on June 29, 2005. In the Order, the President took additional steps with respect to the national emergency described and declared in Executive Order 12938 of November 14, 1994, regarding the proliferation of weapons of mass destruction and the means of delivering them. Section 1 of the Order blocks, with certain exceptions, all property and interests in property that are in the United States, or that hereafter come within the United States or that are or hereafter come within the possession or control of United States persons, of: (1) The persons listed in an Annex to the Order; (2) any foreign person determined by the Secretary of State, in consultation with the Secretary of the Treasury, the Attorney General, and other relevant agencies, to have engaged, or attempted to engage, in activities or transactions that have PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 25835 materially contributed to, or pose a risk of materially contributing to, the proliferation of weapons of mass destruction or their means of delivery (including missiles capable of delivering such weapons), including any efforts to manufacture, acquire, possess, develop, transport, transfer or use such items, by any person or foreign country of proliferation concern; (3) any person determined by the Secretary of the Treasury, in consultation with the Secretary of State, the Attorney General, and other relevant agencies, to have provided, or attempted to provide, financial, material, technological or other support for, or goods or services in support of, any activity or transaction described in clause (2) above or any person whose property and interests in property are blocked pursuant to the Order; and (4) any person determined by the Secretary of the Treasury, in consultation with the Secretary of State, the Attorney General, and other relevant agencies, to be owned or controlled by, or acting or purporting to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked pursuant to the Order. On February 16, 2007, the Secretary of the Treasury, in consultation with the Secretary of State, the Attorney General, and other relevant agencies, designated three entities whose property and interests in property are blocked pursuant to Executive Order 13382. The list of additional designees follows: 1. KALAYE ELECTRIC COMPANY (a.k.a. KALA ELECTRIC COMPANY), 33 Fifteenth (15th) Street, Seyed-JamalEddin-Assad Abadi Avenue, Tehran, (Iran) [NPWMD] 2. KAVOSHYAR COMPANY, (a.k.a. KAAVOSH YAAR; a.k.a. KAVOSHYAR), P.O. Box 19395–1834, Tehran (Iran); Vanaq Square, Corner of Shiraz Across No. 71, Molla Sadra Ave., Tehran, (Iran); No. 86, 20th St., North Karegar Ave., Tehran (Iran) [NPWMD] 3. PIONEER ENERGY INDUSTRIES COMPANY (a.k.a. PISHGAM ENERGY INDUSTRIES DEVELOPMENT; a.k.a. ‘‘PEI’’), P.O. Box 81465–361, Isfahan (Iran) [NPWMD] Dated: April 9, 2007. Adam Szubin, Director, Office of Foreign Assets Control. [FR Doc. E7–8674 Filed 5–4–07; 8:45 am] BILLING CODE 4811–22–P E:\FR\FM\07MYN1.SGM 07MYN1

Agencies

[Federal Register Volume 72, Number 87 (Monday, May 7, 2007)]
[Notices]
[Pages 25834-25835]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-8541]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35003]


BNSF Railway Company and Soo Line Railroad Company, Inc.--Joint 
Relocation Project Exemption--in Duluth, MN

    On April 18, 2007,\1\ BNSF Railway Company (BNSF) and Soo Line 
Railroad Company, Inc., d/b/a Canadian Pacific Railway (CPR), jointly 
filed a notice of exemption under 49 CFR 1180.2(d)(5) to relocate and 
construct track within and around Rice's Point Yard between CPR 
mileposts 288.70 and 287.20, in Duluth, MN. BNSF and CPR will 
construct, maintain, repair and renew their own trackage and turnouts 
under the Duluth Public Works Project.
---------------------------------------------------------------------------

    \1\ The notice was initially filed on March 26, 2007. On April 
3, 9, and 18, 2007, amendments were filed to more clearly identify 
the trackage involved in this proceeding. Because the notice was not 
complete until the April 18 filing, that date will be considered the 
actual filing date.
---------------------------------------------------------------------------

    The purpose of the joint relocation project is to accommodate a new 
public roadway, Davis-Helberg Drive (also referred to as Helberg 
Drive), being constructed as part of a Port of Duluth improvement 
project.
    The project consists of the following transactions:
    (1) BNSF will grant CPR non-exclusive overhead trackage rights to 
operate its trains, locomotives, cars and equipment with its own crews 
over trackage owned and operated by BNSF located between Points C and 
D, a distance of approximately 825 feet. Point C is currently located 
at BNSF milepost 1.46 (CPR milepost 288.25) and, after construction, 
because of changes to the overall track configuration within the CPR 
track system, Point C will be designated CPR milepost 288.24. Point D 
is currently located at BNSF milepost 1.49 and, after construction, 
Point D will be designated as CPR milepost 287.91. These trackage 
rights are intended to enable CPR a direct run-through to bypass 
switches at Cargill (or its successor). BNSF will continue to operate 
over this segment.
    (2) CPR will grant BNSF non-exclusive overhead trackage rights to 
operate its trains, locomotives, cars and equipment with its own crews 
over trackage owned and operated by CPR located between Points E and I, 
a distance of approximately 350 feet. After construction, Point E will 
be on new trackage to be designated as CPR milepost 287.75. Point I is 
located on crossover yard track between BNSF and CPR. There is no 
milepost designation for this yard track, but the end point of the 
trackage rights (Point I), is approximately 350 feet south of Point E. 
These trackage rights are intended to enable BNSF to continue to 
connect with the Duluth Seaway Port Authority, which includes serving 
AG Processing, Inc. (or its successor), Azcon (or its successor), and 
the Garfield Industrial area. CPR will continue to operate over this 
segment.\2\
---------------------------------------------------------------------------

    \2\ Applicants state that the overhead reciprocal trackage 
rights will terminate 25 years from the execution date (initial 
term). Unless BNSF or CPR notifies the other in writing at least 6 
months prior to the expiration of the initial term, the trackage 
rights may continue in full force and effect for up to 3 successive 
terms of 25 years each under the same terms and conditions. The 
parties must seek appropriate Board authority for the trackage 
rights to expire at the end of the initial term or at the end of the 
successive term or terms, as appropriate.
---------------------------------------------------------------------------

    (3) BNSF will grant CPR a freight easement on BNSF's property for 
the purchase, relocation and reconstruction of a portion of CPR's line 
between Points A and B (Point A being the westerly BNSF right-of-way 
near Point C) (easement), a distance of approximately 2,500 feet. Point 
A is currently located at BNSF milepost 1.61. After construction, Point 
A will be located on new trackage designated as CPR milepost 288.10, 
and Point B will be located on new trackage to be designated as CPR 
milepost 287.64.
    Applicants state that the proposed project will not disrupt service 
to shippers, as applicants will continue to have access to the Port. 
Additionally, applicants state that the relocated line and trackage 
rights will not involve an expansion of service by BNSF or CPR into new 
territory, or alter the existing competitive situation.
    The Board will exercise jurisdiction over the abandonment or 
construction components of a relocation project, and require separate 
approval or exemption, only where the removal of track affects service 
to shippers or the construction of new track involves expansion into 
new territory. See City of Detroit v. Canadian National Ry. Co., et 
al., 9 I.C.C.2d 1208 (1993), aff'd sub nom. Detroit/Wayne County Port 
Authority v. ICC, 59 F.3d 1314 (D.C. Cir. 1995). Line relocation 
projects may embrace trackage rights transactions such as the one 
involved here. See D.T.&I.R.--

[[Page 25835]]

Trackage Rights, 363 I.C.C. 878 (1981). Under these standards, the 
incidental abandonment, construction, and trackage rights components 
require no separate approval or exemption when the relocation project, 
as here, will not disrupt service to shippers and thus qualifies for 
the class exemption at 49 CFR 1180.2(d)(5).
    As a condition to this exemption, any employees affected by the 
trackage rights will be protected by the conditions imposed in Norfolk 
and Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605 (1978), as 
modified in Mendocino Coast Ry., Inc.--Lease and Operate, 360 I.C.C. 
653 (1980).
    The earliest this transaction may be consummated is the May 18, 
2007 effective date of the exemption (30 days after the exemption was 
filed).
    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to revoke the exemption 
under 49 U.S.C. 10502(d) may be filed at any time. The filing of a 
petition to revoke will not automatically stay the transaction. 
Petitions for stay must be filed no later than May 11, 2007 (at least 7 
days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35003, must be filed with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, a 
copy of each pleading must be served on applicants' representatives: 
Sidney L. Strickland, Jr., 3050 K Street, NW., Suite 101, Washington, 
DC 20007, and Leigh Currie, 150 South Fifth Street, Suite 2300, 
Minneapolis, MN 55402.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: April 27, 2007.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
 [FR Doc. E7-8541 Filed 5-4-07; 8:45 am]
BILLING CODE 4915-01-P