[Federal Register Volume 89, Number 86 (Thursday, May 2, 2024)]
[Notices]
[Page 35920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09577]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36766]


East Ohio Valley Railway LLC--Lease and Operation Exemption 
Containing Interchange Commitment--Norfolk Southern Railway Company

    East Ohio Valley Railway LLC (EOVR), a Class III rail carrier, has 
filed a verified notice of exemption pursuant to 49 CFR 1150.41 to 
lease from Norfolk Southern Railway (NSR) and operate a line of 
railroad with two segments: (1) approximately 16.5 miles between RO 
44.0 near Bellaire, Ohio, and RO 60.5 near Powhatan Point, Ohio; and 
(2) 1.78 miles of rail between OP 0.0 and OP 1.78 near Powhatan Point 
(collectively, the Line).
    According to the verified notice, EOVR and NSR have reached an 
agreement pursuant to which EOVR will lease and operate the Line. EOVR 
states that the Line does not physically connect to any other carrier 
and NSR will be the exclusive interchange partner for EOVR.
    EOVR certifies that its projected annual revenues from this 
transaction will not result in its becoming a Class I or Class II rail 
carrier and will not exceed $5 million. EOVR also certifies that the 
agreement with NSR contains a provision that, through a per-car 
penalty, would limit EOVR's ability to interchange with a third-party 
carrier if that ever became physically possible. EOVR has provided 
additional information regarding the interchange commitment, as 
required by 49 CFR 1150.43(h).\1\
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    \1\ EOVR filed a copy of the agreement under seal with the 
verified notice. See 49 CFR 1150.43(h)(1).
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    The transaction may be consummated on or after May 16, 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 May 9, 2024.
    All pleadings, referring to Docket No. FD 36766, must be filed with 
the Surface Transportation Board 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 EOVR's 
representative, William A. Mullins, Mullins Law Group, 2401 
Pennsylvania Ave. NW, Suite 300, Washington, DC 20037.
    According to EOVR, 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: April 26, 2024.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2024-09577 Filed 5-1-24; 8:45 am]
BILLING CODE 4915-01-P