33870 Federal Register / Vol. 87, No. 107 / Friday, June 3, 2022 / Notices 

1 DRRV, DDRR, BDRV, and BRW collectively are 

referred to as the Burenga Railroads. The verified 

notice states that Burenga has a controlling interest 

in BDRV and that he recently acquired a controlling 

interest in BRW, but that he only possesses a 

minority equity interest in DDRR and DRRV, 

although he is a director for both railroads and 

currently holds a management position in each. 

According to the verified notice, Burenga will 

assume a similar minority stake in DRRR and will 

hold a like directorship in, and management 

position with, DRRR, and that Burenga ‘‘seeks 

permissive control authority for DRRR out of an 

abundance of caution.’’ 

service performance data that indicated 

substantial deterioration in service. This 

information collection focuses on the 

adequacy of service recovery efforts 

involving BNSF Railway Company 

(BNSF), CSX Transportation (CSXT), 

Norfolk Southern Railway Company 

(NS), and Union Pacific Railroad 

Company (UP), and it requires more 

comprehensive and customer-centric 

reporting of all Class I (large) railroads’ 

service metrics. 

In a decision served on May 6, 2022, 

the Board found that immediate action 

was needed to address the significant 

service problems, and it ordered certain 

railroads to immediately submit 

relevant information. This information 

collection directs the four largest U.S. 

rail carriers—UP, BNSF, CSX, and NS— 

to submit service recovery plans, along 

with bi-weekly progress reports for the 

next six months, in an effort to address 

service deficiencies that are impacting 

the public, businesses, and the U.S. 

economy. This collection also requires 

all Class I rail carriers operating in the 

United States to report more 

comprehensive and customer-centric 

performance metrics and employment 

data, also for a six-month period. The 

Board is taking this action to better 

inform its assessment of actions that 

may be warranted to address the acute 

service issues described above. 

The information received by the 

Board from this collection will be filed 

in Docket No. EP 770 (Sub-No. 1) and 

will be publicly available at 

www.stb.gov and may be found by a 

search in that docket under the 

‘‘proceedings and dockets’’ pull-down 

menu. 

The Board makes this submission 

because, under the PRA, a federal 

agency that conducts or sponsors a 

collection of information must display a 

currently valid OMB control number. A 

collection of information, which is 

defined in 44 U.S.C. 3502(3) and 5 CFR 

1320.3(c), includes agency requirements 

that persons submit reports, keep 

records, or provide information to the 

agency, third parties, or the public. 

Under 5 CFR 1320.13, emergency 

processing is appropriate here and the 

Board is providing a two-week comment 

period through publication in the 

Federal Register concerning each 

proposed collection of information. 

Dated: May 31, 2022. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2022–11981 Filed 6–2–22; 8:45 am] 

BILLING CODE 4915–01–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. FD 36597] 

Kean Burenga and Chesapeake and 

Delaware, LLC—Continuance in 

Control Exemption—Delaware and 

Raritan River Railroad, LLC 

Kean Burenga (Burenga), an 

individual and noncarrier, and 

Chesapeake and Delaware, LLC (CAD), a 

noncarrier holding company, 

(collectively, Applicants) filed a verified 

notice of exemption under 49 CFR 

1180.2(d)(2) to continue in control of 

Delaware and Raritan River Railroad, 

LLC (DRRR), a noncarrier, upon DRRR’s 

becoming a Class III rail carrier. 

This notice of exemption is related to 

a concurrently filed notice of exemption 

in Delaware & Raritan River Railroad— 

Operation Exemption—Consolidated 

Rail Corporation, Docket No. FD 36596, 

in which DRRR seeks authority to 

operate over certain rail lines owned by 

New Jersey Transit Corporation (NJT) 

and to lease and operate certain rail 

lines owned by Consolidated Rail 

Corporation (Conrail), totaling 49.9 

miles in New Jersey, and a concurrently 

filed notice of modified certificate of 

public convenience and necessity in 

Delaware & Raritan River Railroad— 

Modified Rail Certificate, Docket No. FD 

36598, in which DRRR seeks to operate 

over an additional NJT-owned line 

segment in New Jersey. 

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). 

According to the notice, CAD 

currently controls two Class III 

railroads, Dover and Rockaway River 

Railroad, LLC (DRRV) and Dover and 

Delaware River Railroad, LLC (DDRR), 

and Burenga has authority to control 

DRRV, DDRR, Belvidere & Delaware 

River Railway Company, Inc. (BDRV), 

and Black River & Western Corp. 

(BRW).1

Applicants represent that: (1) DRRR 

will not connect with any of the 

Burenga Railroads; (2) the transaction is 

not part of a series of anticipated 

transactions that would connect DRRR 

with any of the Burenga Railroads or 

any of the Burenga Railroads with each 

other; and (3) the transaction does not 

involve a Class I rail carrier. Therefore, 

the proposed transaction is exempt from 

the prior approval requirements of 49 

U.S.C. 11323. See 49 CFR 1180.2(d)(2). 

Under 49 U.S.C. 10502(g), the Board 

may not use its exemption authority to 

relieve a rail carrier of its statutory 

obligation to protect the interests of its 

employees. However, 49 U.S.C. 11326(c) 

does not provide for labor protection for 

transactions under 49 U.S.C. 11324 and 

11325 that involve only Class III rail 

carriers. Because this transaction 

involves Class III rail carriers only, the 

Board, under the statute, may not 

impose labor protective conditions for 

this transaction. 

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 to 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 36597, 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 Applicants’ representative, 

Robert A. Wimbish, Fletcher & Sippel 

LLC, 29 North Wacker Drive, Suite 800, 

Chicago, IL 60606–3208. 

According to Applicants, 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. 2022–11974 Filed 6–2–22; 8:45 am] 

BILLING CODE 4915–01–P 


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