Notice2022-11973
Delaware and Raritan River Railroad, LLC-Lease and Operation Exemption-Consolidated Rail Corporation and New Jersey Transit Corporation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 3, 2022
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 87 Issue 107 (Friday, June 3, 2022)</title>
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[Federal Register Volume 87, Number 107 (Friday, June 3, 2022)]
[Notices]
[Page 33868]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.stb.gov">www.stb.gov</a>.
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
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</html>Indexed from Federal Register on June 3, 2022.
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