Federal Register / Vol. 87, No. 107 / Friday, June 3, 2022 / Notices 33867 

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. 

average markup that the railroad would 

need to collect from all of its 

‘‘potentially captive traffic’’ (traffic with 

a revenue-to-variable-cost ratio above 

180%) to earn adequate revenues as 

measured by the Board under 49 U.S.C. 

10704(a)(2) (i.e., earn a return on 

investment equal to the railroad 

industry cost of capital). Simplified 

Standards—Taxes in RSAM, EP 646 

(Sub–No. 2), slip op. at 1. In Simplified 

Standards—Taxes in RSAM, EP 646 

(Sub–No. 2), slip op. at 3, 5, the Board 

modified its RSAM formula to account 

for taxes, as the prior formula 

mistakenly compared pre-tax and aftertax revenues. In that decision, the Board 

stated that it would institute a separate 

proceeding in which Class I railroads 

would be required to submit the annual 

tax information necessary for the 

Board’s annual RSAM calculation. Id. at 

5–6. 

Pursuant to 49 CFR 1135.2, AAR is 

required to annually calculate and 

submit to the Board the weighted 

average state tax rate for each Class I 

railroad for the previous year. On May 

26, 2022, AAR filed its calculation of 

the weighted average state tax rates for 

2021, listed below for each Class I 

railroad: 

WEIGHTED AVERAGE STATE TAX RATES

Railroad 2021 

(percent) 

2020 

(percent) 

% 

Change 

BNSF Railway Company ..................................................................................................................................... 5.068 5.119 ¥0.051 

CSX Transportation, Inc. ..................................................................................................................................... 5.010 5.101 ¥0.091 

Grand Trunk Corporation ..................................................................................................................................... 7.904 8.124 ¥0.220 

The Kansas City Southern Railway Company .................................................................................................... 5.164 5.139 0.025 

Norfolk Southern Combined Railroad Subsidiaries ............................................................................................. 5.671 5.713 ¥0.042 

Soo Line Corporation ........................................................................................................................................... 7.827 8.122 ¥0.295 

Union Pacific Railroad Company ......................................................................................................................... 5.451 5.598 ¥0.147 

Pursuant to 49 CFR 1135.2(b), notice 

of AAR’s submission will be published 

in the Federal Register. Any party 

wishing to comment on AAR’s 

calculation of the 2021 weighted 

average state tax rates should file a 

comment by July 5, 2022. See 49 CFR 

1135.2(c). If any comments opposing 

AAR’s calculations are filed, AAR’s 

reply will be due by July 25, 2022. Id. 

If any comments are filed, the Board 

will review AAR’s submission, together 

with the comments, and serve a 

decision within 60 days of the close of 

the record that either accepts, rejects, or 

modifies AAR’s railroad-specific tax 

information. Id. If no comments are filed 

by July 5, 2022, AAR’s submitted 

weighted average state tax rates will be 

automatically adopted by the Board, 

effective July 6, 2022. Id. 

It is ordered: 

1. Comments on AAR’s calculation of 

the 2021 weighted average state tax rates 

for the Class I railroads are due by July 

5, 2022. If any comments opposing 

AAR’s calculations are filed, AAR’s 

reply is due by July 25, 2022. 

2. If no comments are filed, AAR’s 

calculation of the 2021 weighted 

average state tax rates for each Class I 

railroad will be automatically adopted 

by the Board, effective July 6, 2022. 

Decided: May 31, 2022. 

By the Board, Scott M. Zimmerman, Acting 

Director, Office of Proceedings. 

Kenyatta Clay, 

Clearance Clerk. 

[FR Doc. 2022–11970 Filed 6–2–22; 8:45 am] 

BILLING CODE 4915–01–P 

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. 

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 


khammond on DSKJM1Z7X2PROD with NOTICES
33868 Federal Register / Vol. 87, No. 107 / Friday, June 3, 2022 / Notices 

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. 

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 

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

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 www.stb.gov. 

Decided: May 31, 2022. 

By the Board, Scott M. Zimmerman, Acting 

Director, Office of Proceedings. 

Eden Besera, 

Clearance Clerk. 

[FR Doc. 2022–11973 Filed 6–2–22; 8:45 am] 

BILLING CODE 4915–01–P 

SURFACE TRANSPORTATION BOARD 

Two-Week Notice of Request for 

Emergency Approval of Information 

Collection: Urgent Rail Service Issues 

AGENCY: Surface Transportation Board. 

ACTION: Notice and request for 

comments. 

SUMMARY: As part of its continuing effort 

to reduce paperwork burdens, and as 

required by the Paperwork Reduction 

Act of 1995 (PRA), the Surface 

Transportation Board (Board) gives 

notice of its intent to request from the 

Office of Management and Budget 

(OMB) emergency approval for an 

existing collection without an OMB 

Control Number, as described below. If 

granted, the emergency approval is only 

valid for up to 180 days. If necessary, 

the Board will follow this emergency 

request with a submission for a 3-year 

approval through OMB’s normal PRA 

clearance process. 

DATES: Comments on this information 

collection should be submitted by June 

17, 2022. 

ADDRESSES: Direct all comments to 

Chris Oehrle, PRA Officer, Surface 

Transportation Board, 395 E Street SW, 

Washington, DC 20423–0001, or to 


khammond on DSKJM1Z7X2PROD with NOTICES