Rail-Term Corp.-Petition for Declaratory Order, 14858-14859 [2012-5991]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES 14858 Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Notices filing such claim, then that shorter time period still applies. FOR FURTHER INFORMATION CONTACT: Mr. George Hoops, P.E., Major Projects Engineer, Federal Highway Administration, 310 New Bern Avenue, Suite 410, Raleigh, North Carolina, 27601–1418, Telephone: (919) 747– 7022; email: george.hoops@dot.gov. FHWA North Carolina Division Office’s normal business hours are 8 a.m. to 5 p.m. (Eastern Time). Ms. Jennifer Harris, P.E., Director of Planning and Environmental Studies, North Carolina Turnpike Authority (NCTA), 1578 Mail Service Center, Raleigh, North Carolina, 27699–1578, Telephone: (919) 707– 2700; email: jhharris1@ncdot.gov. NCTA’s normal business hours are 8 a.m. to 5 p.m. (Eastern Time). SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA and other Federal agencies have taken final agency actions by issuing a Record of Decision (ROD) for the following highway project in the State of North Carolina: The Gaston East-West Connector, a 22-mile long, multi-lane, fully access-controlled, new location toll road. The project is also known as State Transportation Improvement Program (STIP) Project U– 3321. The project is also locally known as the Garden Parkway. The purpose of the proposed action is to improve eastwest transportation mobility in the area around the City of Gastonia, between Gastonia and the Charlotte metropolitan area, and particularly to establish direct access between the rapidly growing area of southwest Gaston County and western Mecklenburg County. The actions by the Federal agencies, and the laws under which such actions were taken, are described in the Final Environmental Impact Statement (FEIS) for the project, approved on December 21, 2010, and the FHWA Record of Decision (ROD) issued on February 29, 2012 approving the Gaston East-West Connector project, and in other documents in the FHWA administrative record. The FEIS, ROD, and other documents in the FHWA administrative record file are available by contacting the FHWA or NCTA at the addresses provided above. The FEIS and ROD can be viewed and downloaded from the project Web site at www.ncdot.gov/ projects/gardenparkway or viewed at the offices of the North Carolina Turnpike Authority, 1 South Wilmington Street, Raleigh, North Carolina, 27601. A final decision regarding section 404 permits for this project has not yet been made. This notice, therefore, does not apply to the section 404 permitting process for this project. VerDate Mar<15>2010 18:29 Mar 12, 2012 Jkt 226001 This notice applies to all Federal agency actions and decisions as of the issuance date of this notice and all laws under which such actions were taken, including but not limited to: 1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 4321– 4351]; Federal-Aid Highway Act [23 U.S.C. 109]. 2. Air: Clean Air Act [42 U.S.C. 7401– 7671(q)]. 3. Land: Section 4(f) of the Department of Transportation Act of 1966 [49 U.S.C. 303]; Landscaping and Scenic Enhancement (Wildflowers) [23 U.S.C. 319]. 4. Wildlife: Endangered Species Act [16 U.S.C. 1531–1544 and Section 1536], Marine Mammal Protection Act [16 U.S.C. 1361], Anadromous Fish Conservation Act [16 U.S.C. 757(a)– 757(g)], Fish and Wildlife Coordination Act [16 U.S.C. 661–667(d)], Migratory Bird Treaty Act [16 U.S.C. 703–712], Magnuson-Stevenson Fishery Conservation and Management Act of 1976, as amended [16 U.S.C. 1801 et seq.]. 5. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et seq.]; Archeological Resources Protection Act of 1977 [16 U.S.C. 470(aa)–11]; Archeological and Historic Preservation Act [16 U.S.C. 469–469(c)]; Native American Grave Protection and Repatriation Act (NAGPRA) [25 U.S.C. 3001–3013]. 6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 2000(d)2000(d)(1)]; American Indian Religious Freedom Act [42 U.S.C. 1996]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201–4209]. 7. Wetlands and Water Resources: Land and Water Conservation Fund (LWCF) [16 U.S.C. 4601–4604]; Safe Drinking Water Act (SDWA) [42 U.S.C. 300(f)–300(j)(6)]; Wild and Scenic Rivers Act [16 U.S.C. 1271–1287); Emergency Wetlands Resources Act [16 U.S.C. 3921, 3931]; TEA–21 Wetlands Mitigation [23 U.S.C. 103(b)(6)(m), 133(b)(11)]; Flood Disaster Protection Act [42 U.S.C. 4001–4128]. 8. Hazardous Materials: Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) [42 U.S.C. 9601–9675]; Superfund Amendments and Reauthorization Act of 1986 (SARA); Resource Conservation and Recovery Act (RCRA) [42 U.S.C. 6901–6992(k)]. 9. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management; E.O. 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low Income PO 00000 Frm 00135 Fmt 4703 Sfmt 4703 Populations; E.O. 11593 Protection and Enhancement of Cultural Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; E.O. 13175 Consultation and Coordination with Indian Tribal Governments; E.O. 11514 Protection and Enhancement of Environmental Quality; E.O.13112 Invasive Species. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Research, Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Authority: 23 U.S.C. 139(1)(1). Issued on: March 5, 2012 George Hoops, Major Projects Engineer, Federal Highway Administration, Raleigh, North Carolina. [FR Doc. 2012–6025 Filed 3–12–12; 8:45 am] BILLING CODE 4910–RY–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35582] Rail-Term Corp.—Petition for Declaratory Order On December 14, 2011, Rail-Term Corp. (RTC) filed a petition for an order declaring that it is not a ‘‘rail carrier’’ within the definition at 49 U.S.C. 10102(5), and therefore not subject to the Board’s jurisdiction. The Railroad Retirement Board (Retirement Board) determines coverage of employers and employees under the Railroad Retirement Act, 45 U.S.C. 231 et seq. (Retirement Act) and the Railroad Unemployment Insurance Act, 45 U.S.C. 351 et seq. (Insurance Act). The Retirement Act and Insurance Act both define an ‘‘employer’’ as a carrier by rail subject to the jurisdiction of the Surface Transportation Board (STB or Board). See 45 U.S.C. 231(a)(1)(i); 45 U.S.C. 351(b). The Retirement Board held that RTC was a ‘‘covered employer’’ in its initial decision and on reconsideration.1 RTC appealed the reconsideration decision of the Retirement Board to the D.C. Circuit Court of Appeals.2 The D.C. Circuit held the petition for review in abeyance to allow RTC to petition the STB for a declaratory order on the question of whether RTC is a rail carrier under 49 U.S.C. 10102(5). On January 20, 2012, RTC filed a request for a procedural schedule. 1 On January 28, 2011, the Retirement Board issued Board Coverage Decision 11–14, finding again that RTC is a ‘‘covered employer.’’ 2 Rail-Term Corp. v. R.R. Ret. Bd., No. 11–1093 (D.C. Cir., filed Nov. 14, 2011). E:\FR\FM\13MRN1.SGM 13MRN1 Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Notices Under the schedule, RTC requests that after a declaratory order proceeding has been instituted, opening comments be due on day 30; reply comments be due on day 60; RTC’s rebuttal comments be due on day 75; and a decision by the Board be served on day 135. On January 23, 2012, the American Train Dispatchers Association (ATDA) filed an opposition to the request for a procedural schedule. ATDA states that there is no reason to prolong the case by requesting additional comments and briefings.3 The petition for a declaratory order raises issues that require consideration by the Board. By this decision, the Board is instituting a proceeding under 49 U.S.C. 721(a). An accurate and complete record is required for the Board to determine whether it has jurisdiction over RTC. Therefore, RTC and ATDA are directed to supplement the record in this proceeding by March 28, 2012, with copies of their respective filings submitted to the Retirement Board and D.C. Circuit in the course of those proceedings. If parties other than RTC and ATDA submitted filings before the Retirement Board and D.C. Circuit, RTC must submit copies of those filings, as well as any transcripts of proceedings before those bodies. Because this additional information will assist the Board in making a jurisdictional determination, no further briefings from the parties are necessary, and the request for a procedural schedule is denied. This action will not significantly affect either the quality of the human environment or the conservation of energy resources. Board decisions and notices are available on our Web site at ‘‘www.stb.dot.gov.’’ It Is Ordered mstockstill on DSK4VPTVN1PROD with NOTICES 1. The request for institution of a declaratory order proceeding is granted. 2. RTC and ATDA are directed to supplement the record by March 28, 2012. 3. The request for a procedural schedule is denied. 4. This decision is effective on its service date. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Decided: March 7, 2012. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2012–5991 Filed 3–12–12; 8:45 am] BILLING CODE 4915–01–P 3 After RTC filed its petition for a declaratory order, the Retirement Board and ATDA filed comments in response. VerDate Mar<15>2010 18:29 Mar 12, 2012 Jkt 226001 DEPARTMENT OF THE TREASURY Office of Foreign Assets Control Additional Designations, Foreign Narcotics Kingpin Designation Act Office of Foreign Assets Control, Treasury. ACTION: Notice. AGENCY: The Treasury Department’s Office of Foreign Assets Control (‘‘OFAC’’) is publishing the name of one individual whose property and interests in property have been blocked pursuant to the Foreign Narcotics Kingpin Designation Act (‘‘Kingpin Act’’) (21 U.S.C. 1901–1908, 8 U.S.C. 1182). DATES: The designation by the Director of OFAC of the individual identified in this notice pursuant to section 805(b)(2) and (3) of the Kingpin Act is effective on March 7, 2012. FOR FURTHER INFORMATION CONTACT: Assistant Director, Sanctions Compliance & Evaluation, Office of Foreign Assets Control, Department of the Treasury, Washington, DC 20220, tel.: (202) 622–2490. SUPPLEMENTARY INFORMATION: SUMMARY: Electronic and Facsimile Availability This document and additional information concerning OFAC are available on OFAC’s Web site (https:// www.treasury.gov/ofac) or via facsimile through a 24-hour fax-on-demand service, tel.: (202) 622–0077. Background The Kingpin Act became law on December 3, 1999. The Kingpin Act establishes a program targeting the activities of significant foreign narcotics traffickers and their organizations on a worldwide basis. It provides a statutory framework for the President to impose sanctions against significant foreign narcotics traffickers and their organizations on a worldwide basis, with the objective of denying their businesses and agents access to the U.S. financial system and the benefits of trade and transactions involving U.S. companies and individuals. The Kingpin Act blocks all property and interests in property, subject to U.S. jurisdiction, owned or controlled by significant foreign narcotics traffickers as identified by the President. In addition, the Secretary of the Treasury in consultation with the Attorney General, the Director of the Central Intelligence Agency, the Director of the Federal Bureau of Investigation, the Administrator of the Drug Enforcement Administration, the Secretary of Defense, the Secretary of State, and the PO 00000 Frm 00136 Fmt 4703 Sfmt 4703 14859 Secretary of Homeland Security when designating and blocking the property and interests in property, subject to U.S. jurisdiction, of foreign persons who are found to be: (1) Materially assisting in, or providing financial or technological support for or to, or providing goods or services in support of, the international narcotics trafficking activities of a person designated pursuant to the Kingpin Act; (2) owned, controlled, or directed by, or acting for or on behalf of, a person designated pursuant to the Kingpin Act; or (3) playing a significant role in international narcotics trafficking. On March 7, 2012, the Director of OFAC designated an individual whose property and interests in property are blocked pursuant to section 805(b)(2) and (3) of the Foreign Narcotics Kingpin Designation Act. The additional designee is as follows: 1. BAGHBANI, Gholamreza (a.k.a. BAQBANI, Qolam Reza; a.k.a. BAQBANI, Mohammad Akhusa); DOB 5 Jan 1961; alt. DOB 1947; POB Zabol, Iran; citizen Iran; Islamic Revolutionary Guard Corps—Qods Force General (individual) [SDNTK] Dated: March 7, 2012. Adam J. Szubin, Director, Office of Foreign Assets Control. [FR Doc. 2012–5940 Filed 3–12–12; 8:45 am] BILLING CODE 4810–AL–P U.S.-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION Notice of Open Public Hearing U.S.-China Economic and Security Review Commission. ACTION: Notice of open public hearing— March 26, 2012, Manassas, VA. AGENCY: Notice is hereby given of the following hearing of the U.S.-China Economic and Security Review Commission. Name: Dennis Shea, Chairman of the U.S.-China Economic and Security Review Commission. The Commission is mandated by Congress to investigate, assess, and report to Congress annually on ‘‘the national security implications of the economic relationship between the United States and the People’s Republic of China.’’ Pursuant to this mandate, the Commission will hold a public hearing in Washington, DC on March 26, 2012, to address ‘‘Developments in China’s Nuclear and Cyber Programs.’’ Background: This is the third public hearing the Commission will hold during its 2012 report cycle to collect input from academic, industry, and SUMMARY: E:\FR\FM\13MRN1.SGM 13MRN1

Agencies

[Federal Register Volume 77, Number 49 (Tuesday, March 13, 2012)]
[Notices]
[Pages 14858-14859]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5991]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35582]


Rail-Term Corp.--Petition for Declaratory Order

    On December 14, 2011, Rail-Term Corp. (RTC) filed a petition for an 
order declaring that it is not a ``rail carrier'' within the definition 
at 49 U.S.C. 10102(5), and therefore not subject to the Board's 
jurisdiction. The Railroad Retirement Board (Retirement Board) 
determines coverage of employers and employees under the Railroad 
Retirement Act, 45 U.S.C. 231 et seq. (Retirement Act) and the Railroad 
Unemployment Insurance Act, 45 U.S.C. 351 et seq. (Insurance Act). The 
Retirement Act and Insurance Act both define an ``employer'' as a 
carrier by rail subject to the jurisdiction of the Surface 
Transportation Board (STB or Board). See 45 U.S.C. 231(a)(1)(i); 45 
U.S.C. 351(b). The Retirement Board held that RTC was a ``covered 
employer'' in its initial decision and on reconsideration.\1\
---------------------------------------------------------------------------

    \1\ On January 28, 2011, the Retirement Board issued Board 
Coverage Decision 11-14, finding again that RTC is a ``covered 
employer.''
---------------------------------------------------------------------------

    RTC appealed the reconsideration decision of the Retirement Board 
to the D.C. Circuit Court of Appeals.\2\ The D.C. Circuit held the 
petition for review in abeyance to allow RTC to petition the STB for a 
declaratory order on the question of whether RTC is a rail carrier 
under 49 U.S.C. 10102(5).
---------------------------------------------------------------------------

    \2\ Rail-Term Corp. v. R.R. Ret. Bd., No. 11-1093 (D.C. Cir., 
filed Nov. 14, 2011).
---------------------------------------------------------------------------

    On January 20, 2012, RTC filed a request for a procedural schedule.

[[Page 14859]]

Under the schedule, RTC requests that after a declaratory order 
proceeding has been instituted, opening comments be due on day 30; 
reply comments be due on day 60; RTC's rebuttal comments be due on day 
75; and a decision by the Board be served on day 135. On January 23, 
2012, the American Train Dispatchers Association (ATDA) filed an 
opposition to the request for a procedural schedule. ATDA states that 
there is no reason to prolong the case by requesting additional 
comments and briefings.\3\
---------------------------------------------------------------------------

    \3\ After RTC filed its petition for a declaratory order, the 
Retirement Board and ATDA filed comments in response.
---------------------------------------------------------------------------

    The petition for a declaratory order raises issues that require 
consideration by the Board. By this decision, the Board is instituting 
a proceeding under 49 U.S.C. 721(a). An accurate and complete record is 
required for the Board to determine whether it has jurisdiction over 
RTC. Therefore, RTC and ATDA are directed to supplement the record in 
this proceeding by March 28, 2012, with copies of their respective 
filings submitted to the Retirement Board and D.C. Circuit in the 
course of those proceedings. If parties other than RTC and ATDA 
submitted filings before the Retirement Board and D.C. Circuit, RTC 
must submit copies of those filings, as well as any transcripts of 
proceedings before those bodies. Because this additional information 
will assist the Board in making a jurisdictional determination, no 
further briefings from the parties are necessary, and the request for a 
procedural schedule is denied.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.
    Board decisions and notices are available on our Web site at 
``www.stb.dot.gov.''

It Is Ordered

    1. The request for institution of a declaratory order proceeding is 
granted.
    2. RTC and ATDA are directed to supplement the record by March 28, 
2012.
    3. The request for a procedural schedule is denied.
    4. This decision is effective on its service date.


    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.

    Decided: March 7, 2012.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012-5991 Filed 3-12-12; 8:45 am]
BILLING CODE 4915-01-P

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