Notice2024-00046
Empire River Rail LLC-Operation Exemption-in Brooke County, W. Va.
Primary source
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Published
January 5, 2024
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 89 Issue 4 (Friday, January 5, 2024)</title>
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[Federal Register Volume 89, Number 4 (Friday, January 5, 2024)]
[Notices]
[Page 827]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.stb.gov">www.stb.gov</a>.
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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</html>Indexed from Federal Register on January 5, 2024.
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