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Daily Rules, Proposed Rules, and Notices of the Federal Government

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

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.

If the notice contains false or misleading information, the exemption is voidab 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.

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 athttp://www.stb.dot.gov.

By the Board, David M. Konschnik, Director, Office of Proceedings.
Jeffrey Herzig, Clearance Clerk.
ACTION: 3 See49 CFR 1150.42(b).