25834 Federal Register / Vol. 72, No. 87 / Monday, May 7, 2007 / Notices 

1The 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. 

2Applicants 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. 

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. 

NHTSA Decision 

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. 

Authority: 49 U.S.C. 30118, 30120; 

delegations of authority at 49 CFR 1.50 and 

501.8. 

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 

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. 

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 

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.—


pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 72, No. 87 / Monday, May 7, 2007 / Notices 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 

DEPARTMENT OF THE TREASURY 

Office of Foreign Assets Control 

Additional Designation of Entities 

Pursuant to Executive Order 13382 

AGENCY: Office of Foreign Assets 

Control, Treasury. 

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 

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 


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