[Federal Register Volume 87, Number 107 (Friday, June 3, 2022)]
[Notices]
[Page 33868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11973]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36596]


Delaware and Raritan River Railroad, LLC--Lease and Operation 
Exemption--Consolidated Rail Corporation and New Jersey Transit 
Corporation

    Delaware and Raritan River Railroad, LLC (DRRR), a noncarrier, has 
filed a verified notice of exemption under 49 CFR 1150.31 to operate 
over certain rail lines (the Lines) owned by New Jersey Transit 
Corporation (NJT) and Consolidated Rail Corporation (Conrail), totaling 
49.9 route miles, all located in New Jersey.
    According to DRRR, it has entered into two agreements: (1) A three-
party agreement (Agreement) with NJT and Conrail, under which DRRR will 
provide common carrier service on certain NJT-owned lines, and (2) a 
lease agreement with Conrail, pursuant to which DRRR will lease and 
operate certain Conrail-owned line segments.\1\
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    \1\ DRRR filed a copy of the Agreement in conjunction with a 
motion for protective order pursuant to 49 CFR 1104.14. The motion 
for protective order will be addressed in a separate decision.
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    The NJT-owned Lines are: (1) Two portions of the Freehold 
Secondary, between Freehold, N.J. (approximately milepost 17.1+/-), and 
Howell, N.J. (approximately milepost 20.3+/-), and between a point west 
of Yellowbrook Road near Farmingdale, N.J. (approximately milepost 
22.3+/-) and Farmingdale, N.J. (approximately milepost 24.6+/-), a 
total distance of approximately 5.5 route miles; and (2) a portion of 
the Southern Branch between Red Bank, N.J. (approximately milepost 
38.1+/-) and South Lakewood, N.J. (approximately milepost 63.0+/-) (the 
Southern Secondary), a total distance of approximately 24.9 route 
miles.
    The Conrail-owned Lines are: (1) The portion of the Freehold 
Secondary from and including the switch for the east and west legs of 
the Jamesburg wye and the grade crossing of Gatzmer Avenue in 
Jamesburg, N.J. (approximately milepost 5.6+/-), southeast to the end 
of Conrail's ownership at the west side of Broad Street (approximately 
milepost 17.1+/-), in Freehold, a total distance of approximately 11.5 
route miles; (2) the portion of the Southern Secondary, from the 
beginning of Conrail's ownership at South Lakewood (approximately 
milepost 63.0+/-) to the end of Conrail's ownership at Lakehurst, N.J. 
(approximately milepost 66.0+/-), a total distance of approximately 3.0 
route miles; and (3) the Toms River Industrial Track, from the 
connection with the Southern Secondary at or near Lakehurst 
(approximately milepost 65.9+/- on the Southern Secondary) to the end 
of Conrail's ownership of regulated main line track near Toms River, 
N.J. (approximately milepost 5.0+/-), a total distance of approximately 
5.0 route miles.
    This transaction is related to a verified notice of exemption filed 
concurrently in Kean Burenga--Continuance in Control Exemption--
Delaware & Raritan River Railroad, Docket No. FD 36597, in which Kean 
Burenga and Chesapeake and Delaware, LLC, seek to continue in control 
of DRRR upon DRRR's becoming a Class III rail carrier. This transaction 
is also related to a verified notice for a modified certificate of 
public convenience and necessity in Delaware & Raritan River Railroad--
Modified Rail Certificate, Docket No. FD 36598, in which DRRR seeks 
authority to operate an additional NJT-owned line segment which will 
connect the two NJT-owned line segments that are the subject of this 
verified notice.
    DRRR 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. DRRR also certifies that the 
proposed transaction does not include an interchange commitment.
    The transaction may be consummated on or after June 19, 2022, 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 June 10, 2022 
(at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36596, 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 
DRRR's representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29 
North Wacker Drive, Suite 800, Chicago, IL 60606-3208.
    According to DRRR, 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: May 31, 2022.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2022-11973 Filed 6-2-22; 8:45 am]
BILLING CODE 4915-01-P