[Federal Register Volume 71, Number 249 (Thursday, December 28, 2006)]
[Notices]
[Page 78270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22289]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34943]


Beaufort Railroad Company, Inc.--Modified Rail Certificate

    On December 1, 2006, Beaufort Railroad Company, Inc. (BRC), a 
subsidiary of the South Carolina Division of Public Railways (SCDPR), 
filed a notice for a modified certificate of public convenience and 
necessity under 49 CFR part 1150, Subpart C, Modified Certificate of 
Public Convenience and Necessity, to operate approximately 25.05 miles 
of rail line extending from milepost AMJ-443.26, in Yemassee, to 
milepost AMJ-468.31, in Port Royal, SC.
    BRC states that the line was formerly owned by the Seaboard System 
Railroad, Inc., and was authorized for abandonment by the Interstate 
Commerce Commission in Seaboard System Railroad, Inc.--Abandonment--in 
Beaufort County, SC, Docket No. AB-55 (Sub-No. 110) (ICC served Aug. 
23, 1984). Although authorized for abandonment, the line was 
subsequently acquired by the South Carolina State Ports Authority 
(SCSPA) and leased to the South Carolina Public Railways Commission 
(SCPRC), which is now under SCDPR.\1\ Tangent Transportation Company, 
Inc., a wholly owned subsidiary of SCPRC, operated the line until 2003. 
Since then, SCSPA has maintained the right-of-way (ROW).
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    \1\ According to BRC, SCDPR is a division of the South Carolina 
Department of Commerce, and SCSPA is also an instrumentality of the 
State of South Carolina.
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    As operator of the line, BRC will provide freight services on an 
``as required basis,'' pursuant to an operating agreement with SCSPA 
and SCDPR.\2\ Under the agreement, BRC and SCSPA agree to a 1-year 
period for operation, commencing from October 12, 2006, and continuing 
from year to year thereafter, until terminated in accordance with the 
operating agreement and Board regulations. According to BRC, it does 
not expect to make any interchange or interline connections with any 
connecting railroads.
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    \2\ According to BRC, both SCSPA and SCDPR intend to maintain 
the ROW, with SCDPR providing service through BRC.
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    The rail segment qualifies for a modified certificate of public 
convenience and necessity. See Common Carrier Status of States, State 
Agencies and Instrumentalities and Political Subdivisions, Finance 
Docket No. 28990F (ICC served July 16, 1981).
    BRC indicates that commencement of operations will be contingent 
upon shippers entering into binding written commitments for a 
sufficient volume of carloads per year (an amount judged adequate to 
cover all costs associated with maintenance, track materials, and 
operations of the line).
    BRC states that SCSPA will maintain third party liability insurance 
coverage in an amount of not less than $5,000,000 to cover any and all 
claims arising solely from the existence of hazards presented by the 
rail line or the property upon which the rail line is located. BRC also 
states that, prior to commencement of railroad operations, it will 
acquire and maintain third party liability insurance coverage in an 
amount of not less than $5,000,000 to cover any and all claims arising 
solely from its acts, works, and operations with respect to the rail 
line and the property upon which the rail line is located.
    This notice will be served on the Association of American Railroads 
(Car Service Division) as agent for all railroads subscribing to the 
car-service and car-hire agreement: Association of American Railroads, 
50 F Street, N.W., Washington, DC 20001; and on the American Short Line 
and Regional Railroad Association: American Short Line and Regional 
Railroad Association, 50 F Street, N.W., Suite 7020, Washington, DC 
20001.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: December 20, 2006.
    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary .
 [FR Doc. E6-22289 Filed 12-27-06; 8:45 am]
BILLING CODE 4915-01-P