[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.
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    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