[Federal Register Volume 87, Number 107 (Friday, June 3, 2022)]
[Notices]
[Pages 33867-33868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 www.stb.gov.

    Decided: May 31, 2022.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2022-11975 Filed 6-2-22; 8:45 am]
BILLING CODE 4915-01-P