Empire River Rail LLC-Operation Exemption-in Brooke County, W. Va., 827 [2024-00046]

Download as PDF Federal Register / Vol. 89, No. 4 / Friday, January 5, 2024 / Notices in the national interest. I have ordered that Public Notice of these determinations be published in the Federal Register. FOR FURTHER INFORMATION CONTACT: Reed Liriano, Program Coordinator, Office of the Legal Adviser, U.S. Department of State (telephone: 202– 632–6471; email: section2459@ state.gov). The mailing address is U.S. Department of State, L/PD, 2200 C Street NW, (SA–5), Suite 5H03, Washington, DC 20522–0505. SUPPLEMENTARY INFORMATION: The foregoing determinations were made pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236–3 of August 28, 2000, and Delegation of Authority No. 523 of December 22, 2021. Nicole L. Elkon, Deputy Assistant Secretary for Professional and Cultural Exchanges, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. 2024–00064 Filed 1–4–24; 8:45 am] BILLING CODE 4710–05–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36750] lotter on DSK11XQN23PROD with NOTICES1 Empire River Rail LLC—Operation Exemption—in Brooke County, W. Va. Empire River Rail LLC (ERRA), a noncarrier controlled by Empire Diversified Energy, Inc. (Empire), has filed a verified notice of exemption under 49 CFR 1150.31 to assume common carrier operations over roughly 0.464 miles of railroad trackage located along the Ohio River in Brooke County, W. Va. (the Line.) The Line connects to Norfolk Southern Railway Company’s Wells Industrial Track at approximately NSR milepost 3.6 and extends northward. The Line itself has no mileposts. According to the verified notice, the Line is part of a logistics facility that boasts barge, warehousing, truck, transloading, and railroad service capabilities owned by Empire Trimodal Terminal LLC d/b/a Port of West Virginia (Port of West Virginia),1 located in Follansbee, W. Va. The notice states that the Line currently is not a Boardregulated line of railroad but that the Port of West Virginia has chosen to arrange for the commencement of common carrier operations and has negotiated an operating agreement with ERRA that extends to ERRA the exclusive right to conduct common carrier service. ERRA certifies that it’s projected annual revenue is not expected to exceed $5 million, and will not result in the creation of a Class II or Class I rail carrier. ERRA further certifies that it will not be contractually limited in its ability to interchange traffic with any third-party connecting carrier. The earliest this transaction may be consummated is January 21, 2024, the effective date of the exemption (30 days after the verified notice 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 effectiveness of the exemption. Petitions for stay must be filed no later than January 12, 2024 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36750, must be filed with the Surface Transportation Board either via e-filing on the Board’s website or in writing addressed to 395 E Street SW, Washington, DC 20423–0001. In addition, a copy of each pleading must be served on ERRA’s representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606–3208. According to ERRA, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and from historic preservation reporting requirements under 49 CFR 1105.8(b). Board decisions and notices are available at www.stb.gov. Decided: January 2, 2024. By the Board, Mai T. Dinh, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2024–00046 Filed 1–4–24; 8:45 am] BILLING CODE 4915–01–P 1 The notice states that like ERRA, the Port of West Virginia is a holding of Empire. VerDate Sep<11>2014 17:32 Jan 04, 2024 Jkt 262001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 827 DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA–2023–0002–N–36] Proposed Agency Information Collection Activities; Comment Request In notice document 2023–28382 beginning on page 89017 in the issue of Tuesday, December 26, 2023, make the following correction: On page 89017, in the third column, in the second line ‘‘February 9, 2024’’ should read ‘‘February 26, 2024’’. [FR Doc. C1–2023–28382 Filed 1–4–24; 8:45 am] BILLING CODE 1505–01–D DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket FTA–2024–0001] Notice of Establishment of Emergency Relief Docket for Calendar Year 2024 Federal Transit Administration (FTA), Department of Transportation (DOT). ACTION: Notice. AGENCY: By this notice, the Federal Transit Administration (FTA) is establishing an Emergency Relief Docket for calendar year 2024, so grantees and subgrantees affected by a national or regional emergency or disaster may request temporary relief from FTA administrative and statutory requirements. FOR FURTHER INFORMATION CONTACT: Bonnie L. Graves, Attorney-Advisor, Office of Chief Counsel, Federal Transit Administration, phone: (202) 366–0944, or email, Bonnie.Graves@dot.gov. SUPPLEMENTARY INFORMATION: Pursuant to 49 CFR 601.42, FTA is establishing the Emergency Relief Docket for calendar year 2024. In the case of a national or regional emergency or disaster, or in anticipation of such an event, when FTA requirements impede a grantee or subgrantee’s ability to respond to the emergency or disaster, a grantee or subgrantee may submit a request for relief from specific FTA requirements. If FTA determines that a national or regional emergency or disaster has occurred, or in anticipation of such an event, FTA will place a message on its web page (https://www.transit.dot.gov) indicating the Emergency Relief Docket has been opened and including the docket number. All petitions for relief from FTA administrative or statutory requirements SUMMARY: E:\FR\FM\05JAN1.SGM 05JAN1

Agencies

Surface Transportation Board

[Federal Register Volume 89, Number 4 (Friday, January 5, 2024)]
[Notices]
[Page 827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00046]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36750]


Empire River Rail LLC--Operation Exemption--in Brooke County, W. 
Va.

    Empire River Rail LLC (ERRA), a non-carrier controlled by Empire 
Diversified Energy, Inc. (Empire), has filed a verified notice of 
exemption under 49 CFR 1150.31 to assume common carrier operations over 
roughly 0.464 miles of railroad trackage located along the Ohio River 
in Brooke County, W. Va. (the Line.) The Line connects to Norfolk 
Southern Railway Company's Wells Industrial Track at approximately NSR 
milepost 3.6 and extends northward. The Line itself has no mileposts.
    According to the verified notice, the Line is part of a logistics 
facility that boasts barge, warehousing, truck, transloading, and 
railroad service capabilities owned by Empire Trimodal Terminal LLC d/
b/a Port of West Virginia (Port of West Virginia),\1\ located in 
Follansbee, W. Va. The notice states that the Line currently is not a 
Board-regulated line of railroad but that the Port of West Virginia has 
chosen to arrange for the commencement of common carrier operations and 
has negotiated an operating agreement with ERRA that extends to ERRA 
the exclusive right to conduct common carrier service.
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    \1\ The notice states that like ERRA, the Port of West Virginia 
is a holding of Empire.
---------------------------------------------------------------------------

    ERRA certifies that it's projected annual revenue is not expected 
to exceed $5 million, and will not result in the creation of a Class II 
or Class I rail carrier. ERRA further certifies that it will not be 
contractually limited in its ability to interchange traffic with any 
third-party connecting carrier.
    The earliest this transaction may be consummated is January 21, 
2024, the effective date of the exemption (30 days after the verified 
notice 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 effectiveness of the 
exemption. Petitions for stay must be filed no later than January 12, 
2024 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36750, must be filed with 
the Surface Transportation Board either via e-filing on the Board's 
website or in writing addressed to 395 E Street SW, Washington, DC 
20423-0001. In addition, a copy of each pleading must be served on 
ERRA's representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29 
North Wacker Drive, Suite 800, Chicago, IL 60606-3208.
    According to ERRA, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic 
preservation reporting requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: January 2, 2024.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2024-00046 Filed 1-4-24; 8:45 am]
BILLING CODE 4915-01-P

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