Federal Register / Vol. 89, No. 4 / Friday, January 5, 2024 / Notices 827 

1The notice states that like ERRA, the Port of 

West Virginia is a holding of Empire. 

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] 

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 

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 

AGENCY: Federal Transit Administration 

(FTA), Department of Transportation 

(DOT). 

ACTION: Notice. 

SUMMARY: 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 


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828 Federal Register / Vol. 89, No. 4 / Friday, January 5, 2024 / Notices 

must be posted in the docket in order to 

receive consideration by FTA. The 

docket is publicly available and can be 

accessed 24 hours a day, seven days a 

week, via the internet at https://

www.regulations.gov/. Any grantee or 

subgrantee submitting petitions for 

relief or comments to the docket must 

include the agency name (Federal 

Transit Administration) and docket 

number FTA–2024–0001. 

Interested parties may consult 49 CFR 

part 601, subpart D for information on 

FTA’s emergency procedures for public 

transportation systems. FTA strongly 

encourages grantees and subgrantees to 

contact their FTA regional office and 

notify FTA of the intent to submit a 

petition to the docket. 

A grantee or subgrantee seeking relief 

has three avenues for submitting a 

petition. First, a grantee or subgrantee 

may submit a petition for waiver of FTA 

requirements to https://

www.regulations.gov/, for posting in the 

docket (FTA–2024–0001). Alternatively, 

a grantee or subgrantee may submit a 

petition in duplicate (two copies) to the 

FTA Administrator, via U.S. mail or 

hand delivery to Federal Transit 

Administration, 1200 New Jersey Ave. 

SE, Washington, DC 20590; via fax to 

(202) 366–3472; or via email to 

Bonnie.Graves@dot.gov; or via U.S. mail 

or hand delivery to the DOT Docket 

Management Facility, 1200 New Jersey 

Ave. SE, Room W12–140, Washington, 

DC 20590. Thirdly, in the event that a 

grantee or subgrantee needs to request 

immediate relief and does not have 

access to electronic means to request 

that relief, the grantee or subgrantee 

may contact any FTA regional office or 

FTA headquarters and request that FTA 

staff submit the petition on its behalf. 

Federal public transportation law at 

49 U.S.C. 5324(d) provides that a grant 

awarded under section 5324, or under 

49 U.S.C. 5307 or 49 U.S.C. 5311, that 

is made to address an emergency shall 

be subject to the terms and conditions 

the Secretary determines are necessary. 

This language allows FTA to waive 

certain statutory, as well as 

administrative, requirements. 

An FTA grantee or subgrantee 

receiving financial assistance under 49 

U.S.C. 5324, 5307, or 5311 that is 

affected by a national or regional 

emergency or disaster may request a 

waiver of provisions of chapter 53 of 

title 49 of the United States Code in 

connection with such financial 

assistance, when a grantee or subgrantee 

demonstrates that the requirement(s) 

will limit a grantee’s or subgrantee’s 

ability to respond to a national or 

regional emergency or disaster. 

Pursuant to 49 CFR 601.42, a grantee 

or subgrantee must include certain 

information when requesting a waiver of 

statutory or administrative 

requirements. A petition for relief shall: 

(a) Include the agency name (Federal 

Transit Administration) and docket 

number FTA–2024–0001; 

(b) Identify the grantee or subgrantee 

and its geographic location; 

(c) Identify the section of Chapter 53 

of Title 49 of the United States Code, or 

the portion of an FTA policy statement, 

circular, guidance document or rule, 

from which the grantee or subgrantee 

seeks relief; 

(d) Specifically address how a 

requirement in Chapter 53 of Title 49 of 

the United States Code, or an FTA 

requirement in a policy statement, 

circular, agency guidance or rule, will 

limit a grantee’s or subgrantee’s ability 

to respond to a national or regional 

emergency or disaster; and 

(e) Specify if the petition for relief is 

one-time or ongoing, and if ongoing 

identify the time period for which the 

relief is requested. The time period may 

not exceed three months; however, 

additional time may be requested 

through a second petition for relief. 

Pursuant to 49 CFR 601.46, a petition 

for relief from administrative 

requirements will be conditionally 

granted for a period of three (3) business 

days from the date it is submitted to the 

Emergency Relief Docket. FTA will 

review the petition after the expiration 

of the three business days and review 

any comments submitted regarding the 

petition. FTA may contact the grantee or 

subgrantee that submitted the request 

for relief, or any party that submits 

comments to the docket, to obtain more 

information prior to making a decision. 

FTA shall then post a decision to the 

Emergency Relief Docket. FTA’s 

decision will be based on whether the 

petition meets the criteria for use of 

these emergency procedures, the 

substance of the request, and any 

comments submitted regarding the 

petition. If FTA does not respond to the 

request for relief to the docket within 

three business days, the grantee or 

subgrantee may assume its petition is 

granted for a period not to exceed three 

months until and unless FTA states 

otherwise. 

A petition for relief from statutory 

requirements will not be conditionally 

granted and requires a written decision 

from the FTA Administrator. Further, 

grantees seeking a waiver from Buy 

America requirements must follow the 

procedures in 49 CFR 661.7 and 661.9. 

Buy America waivers will not be 

granted through the Emergency Relief 

Docket. 

An FTA decision, either granting or 

denying a petition, shall be posted in 

the Emergency Relief Docket and shall 

reference the document number of the 

petition to which it relates. FTA 

reserves the right to reconsider any 

decision made pursuant to these 

emergency procedures based upon its 

own initiative, based upon information 

or comments received subsequent to the 

three business day comment period, or 

at the request of a grantee or subgrantee 

upon denial of a request for relief. FTA 

shall notify the grantee or subgrantee if 

FTA plans to reconsider a decision. 

Pursuant to FTA’s Charter Rule at 49 

CFR 604.2(f), grantees and subgrantees 

may assist with evacuations or other 

movement of people that might 

otherwise be considered charter 

transportation when that transportation 

is in response to an emergency declared 

by the President, governor or mayor, or 

in an emergency requiring immediate 

action prior to a formal declaration, 

even if a formal declaration of an 

emergency is not eventually made by 

the President, governor or mayor. 

Therefore, a request for relief is not 

necessary in order to provide this 

service. However, if the emergency lasts 

more than 45 calendar days and the 

grantee will continue to provide service 

that would otherwise be considered 

charter service, the grantee or 

subgrantee shall follow the procedures 

set out in this notice. 

The contents of this document do not 

have the force and effect of law and are 

not meant to bind the public in any 

way. This document is intended only to 

provide clarity to the public regarding 

existing requirements under the law or 

agency policies. Grantees and 

subgrantees should refer to FTA’s 

regulations, including 49 CFR part 601, 

for requirements for submitting a 

request for emergency relief. 

Nuria I. Fernandez, 

Administrator. 

[FR Doc. 2024–00026 Filed 1–4–24; 8:45 am] 

BILLING CODE 4910–57–P 


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