Notice2022-11975
Delaware and Raritan River Railroad, LLC-Modified Rail Certificate
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]
[Pages 33867-33868]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11975]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36598]
Delaware and Raritan River Railroad, LLC--Modified Rail
Certificate
Delaware and Raritan River Railroad, LLC (DRRR), a noncarrier, has
filed a notice for a modified certificate of public convenience and
necessity under 49 CFR part 1150 subpart C--Modified Certificate of
Public Convenience and Necessity, to operate a rail line from Howell,
N.J. (approximately milepost 20.3+/-) to a point west of Yellowbrook
Road near Farmingdale, N.J. (approximately milepost 22.3+/-), all in
Monmouth County, New Jersey (the Line). DRRR states that the Line is
owned by New Jersey Transit Corporation (NJT).
According to DRRR, the Line was formerly owned and operated by Penn
Central Corporation. DRRR states that, pursuant to the Final System
Plan, the Line was part of a larger segment that was not designated for
transfer to the Consolidated Rail Corporation (Conrail), and that the
Line was therefore authorized to be abandoned without further
regulatory approval. DRRR further states that NJT subsequently acquired
the Line for potential, future railroad operations, but the Line has
remained inactive for many years.
According to DRRR, NJT and DRRR have entered into an agreement (the
Agreement) for DRRR to operate over the Line,\1\ along with other
portions of rail lines for which DRRR seeks operating authority in
Delaware & Raritan River Railroad--Operation Exemption--Consolidated
Rail Corporation, Docket No. FD 36596. This proceeding is related to a
concurrently filed notice of exemption 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
authority to continue in control of DRRR upon its becoming a Class III
rail carrier. According to DRRR, although it could commence modified
certificate operations over the Line immediately, it does not intend to
do so until it can begin operations pursuant to the operating authority
sought in Docket No. FD 36596.
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\1\ DRRR notes that Conrail is a party to the Agreement because
it holds certain rights on portions of other rail lines that DRRR
will operate under the Agreement, but that Conrail holds no rights
to operate over the Line that is the subject of this proceeding.
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The notice states that the Line connects with other sections of
track owned by NJT and over which DRRR is seeking operating authority
and that, by way of those lines, DRRR will be able to connect to and
interchange traffic with Conrail.
The Line qualifies for a modified certificate of public convenience
and necessity. See Common Carrier Status of States, State Agencies &
Instrumentalities & Political Subdivisions, FD 28990F (ICC served July
16, 1981); 49 CFR 1150.22.
DRRR states that no subsidy is involved and there are no
preconditions that shippers must meet to receive rail service, although
service is subject to the restoration of the track along the Line. DRRR
also provides information
[[Page 33868]]
regarding the nature and extent of its liability insurance coverage.
See 49 CFR 1150.23(b)(4)-(5).
This notice will be served on the Association of American Railroads
(Car Service Division), as agent for all railroads subscribing to the
car-service and car-hire agreement, at 425 Third Street, SW, Suite
1000, Washington, DC 20024; and on the American Short Line and Regional
Railroad Association at 50 F Street NW, Suite 500, Washington, DC
20001.
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. 2022-11975 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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