14858 Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Notices 

1On January 28, 2011, the Retirement Board 

issued Board Coverage Decision 11–14, finding 

again that RTC is a ‘‘covered employer.’’ 

2Rail-Term Corp. v. R.R. Ret. Bd., No. 11–1093 

(D.C. Cir., filed Nov. 14, 2011). 

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. 

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 

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. 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Notices 14859 

3After RTC filed its petition for a declaratory 

order, the Retirement Board and ATDA filed 

comments in response. 

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 

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 

DEPARTMENT OF THE TREASURY 

Office of Foreign Assets Control 

Additional Designations, Foreign 

Narcotics Kingpin Designation Act 

AGENCY: Office of Foreign Assets 

Control, Treasury. 

ACTION: Notice. 

SUMMARY: 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: 

Electronic and Facsimile Availability 

This document and additional 

information concerning OFAC are 

available on OFAC’s Web site (http:// 

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 

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 

AGENCY: U.S.-China Economic and 

Security Review Commission. 

ACTION: Notice of open public hearing— 

March 26, 2012, Manassas, VA. 

SUMMARY: 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 

mstockstill on DSK4VPTVN1PROD with NOTICES