Notice2026-11833

Delaware and South Branch Railroad, LLC-Lease and Change of Operator Exemption-Black River & Western Corp. d/b/a Black River & Western Railroad, and Belvidere & Delaware River Railway Company, Inc.

Primary source

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Published
June 12, 2026

Issuing agencies

Surface Transportation Board

Full Text

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<title>Federal Register, Volume 91 Issue 113 (Friday, June 12, 2026)</title>
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[Federal Register Volume 91, Number 113 (Friday, June 12, 2026)]
[Notices]
[Page 35782]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11833]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36938]


Delaware and South Branch Railroad, LLC--Lease and Change of 
Operator Exemption--Black River & Western Corp. d/b/a Black River & 
Western Railroad, and Belvidere & Delaware River Railway Company, Inc.

    Delaware and South Branch Railroad, LLC (DSBR), a noncarrier, has 
filed a verified notice of exemption under 49 CFR 1150.31 to lease from 
Black River & Western Corp. d/b/a Black River & Western Railroad (BRW), 
and Belvidere & Delaware River Railway Company, Inc. (BDR), and operate 
approximately 31.91 miles of rail line: (1) a 16.2-mile BRW rail line 
from milepost 0.0 at Lambertville, N.J., to milepost 16.2 at the 
connection with Norfolk Southern Railway Company at Three Bridges, 
N.J.; and (2) an approximately 15.71-mile BDR rail line from milepost 
50.6 at Philipsburg, N.J., to milepost 34.89 at Alexandria Creek, N.J. 
(the Line).\1\
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    \1\ .
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    BDR currently leases and operates an approximately 10-mile portion 
of the Line from milepost 6.2 at Ringoes, N.J., to milepost 16.2 at 
Three Bridges (the Three Bridges Segment). According to the verified 
notice, DSBR, BRW and BDR have reached an agreement pursuant to which 
DSBR will lease and operate the Line, including replacing BDR as the 
lessee and operator on the Three Bridges Segment. The verified notice 
states that BDR will cease all common carrier operations on the Line 
upon DSBR's assumption of the leasehold operations. This transaction is 
related to a concurrently filed verified notice of exemption in Kean 
Burenga & Chesapeake & Delaware, LLC--Continuance in Control 
Exemption--Delaware & South Branch Railroad, LLC, Docket No. FD 36939, 
in which Kean Burenga and Chesapeake and Delaware, LLC, seek to 
continue in control of DSBR upon DSBR's becoming a Class III rail 
carrier.
    DSBR certifies that its projected annual revenues from this 
transaction will not result in its becoming a Class I or Class II rail 
carrier and are not expected to exceed $5 million. DSBR also certifies 
that the transaction does not involve any provision or agreement that 
may limit future interchange with a third-party connecting carrier.
    Under 49 CFR 1150.32(b), a change in operator requires that notice 
be given to shippers. DSBR certifies that it has notified all customers 
on the Three Bridges Segment of the proposed change in operator.
    The transaction may be consummated on or after June 28, 2026, 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 by June 18, 2026 (at least 
seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36938, 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 
DSBR's representative, Robert A. Wimbish, Fletcher & Sippel LLC, 29 
North Wacker Drive, Suite 800, Chicago, IL 60606-3208.
    According to DSBR, 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: June 9, 2026.

    By the Board, Anika S. Cooper, Chief Counsel, Office of Chief 
Counsel.
Stefan Rice,
Clearance Clerk.
[FR Doc. 2026-11833 Filed 6-11-26; 8:45 am]
BILLING CODE 4915-01-P


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Indexed from Federal Register on June 12, 2026.

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