[Federal Register Volume 74, Number 32 (Thursday, February 19, 2009)]
[Notices]
[Pages 7740-7741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3235]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 35211]


Port Terminal Railroad--Operation Exemption--Rail Line of the 
Charleston Naval Complex Redevelopment Authority

    Port Terminal Railroad (PTR), a Class III rail carrier, has filed a 
verified notice of exemption under 49 CFR 1150.41 to operate rail lines 
located on the former Charleston Naval Base Complex in Charleston 
County, SC. The main line of railroad (Navy Base Main Line) measures 
approximately 1.97 route miles.\1\ There is also a run-around track 
that is approximately 1,000 feet in length and is bordered by the 
former navy base. PTR is a subsidiary of the South Carolina Division of 
Public Railways (SCPR).\2\
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    \1\ The Navy Base Main Line is the line of track that: (1) 
Begins at the point of switch with the North Charleston Terminal 
Company Railroad (NCTC); (2) proceeds south and enters the North 
Gate 1 of the former navy base near Virginia Avenue; (3) continues 
to proceed south and crosses over the Noisette Creek; (4) then 
crosses Avenue D at grade and proceeds on the east side of Avenue D; 
(5) turns southeast near the intersection of Avenue D and Turnbull 
Avenue; (6) crosses Turnbull Avenue at grade; (7) then turns south 
along the west side of North Hobson Avenue and runs parallel to 
North Hobson Avenue; (8) then turns southeast and crosses North 
Hobson Avenue at grade; and (9) proceeds on the east side of North 
Hobson Avenue to the point where it enters the South Carolina State 
Ports Authority Veterans Terminal near Viaduct Road. The Navy Base 
Main Line connects in the north at Gate 1 to the NCTC, which is a 
joint operation between CSX Transportation, Inc. (CSXT), and Norfolk 
Southern Railway Company (NS), and to the west with CSXT. There is 
currently no connection between PTR and CSXT or NS to the south.
    \2\ SCPR, a Division of the South Carolina Department of 
Commerce, is organized and exists under the laws of the State of 
South Carolina. S.C. Code Sec.  13-1-1310.
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    PTR certifies that its projected annual revenues as a result of 
this transaction will not result in the creation of a Class II or Class 
I rail carrier.
    The earliest this transaction may be consummated is the March 5, 
2009 effective date of the exemption (30 days after PTR filed the 
verified notice of exemption).\3\ In publishing this notice, the Board 
takes no position on the title dispute concerning some of the subject 
lines before the state court in South Carolina.
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    \3\ See 49 CFR 1150.42(b).
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    If the 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 February 26, 2009 (at least 7 days before 
the exemption becomes effective).
    Pursuant to the Consolidated Appropriations Act, 2008, Public Law 
110-161 section 193, 121 Stat. 1844 (2007), nothing in this decision 
authorizes the following activities at any solid waste rail transfer 
facility: Collecting, storing, or transferring solid waste outside of 
its original shipping container; or separating or processing solid 
waste (including baling, crushing, compacting, and shredding). The term 
``solid waste'' is defined in section 1004 of the Solid Waste Disposal 
Act, 42 U.S.C. 6903.

[[Page 7741]]

    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 35211, must be filed with the Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on Derek F. Dean, Simons & Dean, 
147 Wappoo Creek Drive, Suite 604, Charleston, SC 29412, and Jeffrey M. 
McWhorter, Port Terminal Railroad and South Carolina Division of Public 
Railways, 540 E. Bay Street, Charleston, SC 29403.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: February 10, 2009.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-3235 Filed 2-18-09; 8:45 am]
BILLING CODE 4915-01-P