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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]

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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
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.

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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)

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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
Surface Transportation Board.
Notice and request for
comments.

AGENCY:
ACTION:

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
SUMMARY:

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Federal Register / Vol. 87, No. 107 / Friday, June 3, 2022 / Notices
[email protected]. When submitting
comments, please refer to ‘‘Urgent Rail
Service Issues.’’ For further information
regarding this collection, contact Ian
Anderson at (202) 245–0337 or
[email protected]. Assistance for
the hearing impaired is available
through the Federal Information Relay
Service (FIRS) at 1–800–877–8339.
SUPPLEMENTARY INFORMATION: Comments
are requested concerning each
collection as to (1) whether the
particular collection of information is
necessary for the proper performance of
the functions of the Board, including
whether the collection has practical
utility; (2) the accuracy of the Board’s
burden estimates; (3) ways to enhance
the quality, utility, and clarity of the
information collected; and (4) ways to
minimize the burden of the collection of

information on the respondents,
including the use of automated
collection techniques or other forms of
information technology, when
appropriate. Submitted comments will
be included and summarized in the
Board’s request for OMB approval.
Subjects: In this notice, the Board is
requesting comments on the following
information collection:

Estimated Time Per Response: See
Table below.

TABLE—ESTIMATED HOURS PER
RESPONSE

Service Recovery Plans * .....
Historical Data * ....................
Service Progress Reports * ..
Individual Conference Calls *
Weekly Performance Data ...
Monthly Employment Data ...
Supplement to April 2022
Employment Data .............

Description of Collection
Title: Urgent Rail Service Issues.
OMB Control Number: 2140–XXXX.
STB Form Number: None.
Type of Review: Emergency approval
of an existing information collection
without an OMB control number.
Respondents: Class I (Large)
Railroads.
Number of Respondents: Seven.

Estimated
hours per
response

Type of filing

42
8
8
0.5
8
8
8

* These sub-collections only apply to the
four largest Class I railroads.

Frequency: One-time, bi-weekly and
monthly, as provided in Table below.

TABLE—ESTIMATED NUMBER OF RESPONSES
Number of
respondents

Type of filing
Service Recovery Plans * ........................................................................................................................................
Historical Data * .......................................................................................................................................................
Service Progress Reports * ......................................................................................................................................
Individual Conference Calls * ...................................................................................................................................
Weekly Performance Data .......................................................................................................................................
Monthly Employment Data ......................................................................................................................................
Supplement to April 2022 Employment Data ..........................................................................................................

Estimated
frequency
4
4
4
4
7
7
7

1
1
13
6
26
6
1

* These sub-collections only apply to the four largest Class I railroads.

Total Burden Hours (annually
including all respondents): 2,476 (sum

of estimated hours per response ×
number of annual responses for each

type of filing), as provided in Table
below.

TABLE—TOTAL ESTIMATED BURDEN HOURS
Estimated
hours per
response

Type of filing

Number of
respondents

Estimated
frequency

Total annual
burden
hours

Service Recovery Plans * ................................................................................................
Historical Data * ...............................................................................................................
Service Progress Reports * ..............................................................................................
Individual Conference Calls * ...........................................................................................
Weekly Performance Data ...............................................................................................
Monthly Employment Data ..............................................................................................
Supplement to April 2022 Employment Data ..................................................................

42
8
8
0.5
8
8
8

4
4
4
4
7
7
7

1
1
13
6
26
6
1

168
32
416
12
1,456
336
56

Total Annual Burden Hours ......................................................................................

....................

....................

....................

2,476

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* These sub-collections only apply to the four largest Class I railroads.

Total Annual ‘‘Non-hour Burden’’
Cost: There are no non-hourly burden
costs for this collection. The itemized
sub-collections may be filed
electronically.
Needs and Uses: Under the Interstate
Commerce Act, as amended by the ICC
Termination Act of 1995, the Board is
responsible for the economic regulation
of common carrier rail transportation.
Under 49 U.S.C. 1321(b), 11123, and
11145(a), the Board is empowered to

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address immediate service issues.
Collecting this information will enable
the Board to take necessary action to
timely deal with the unanticipated and
urgent service issues affecting the U.S.
rail system. These measures are meant
to inform the Board’s assessment of
further actions that may be warranted to
address the acute service issues facing
the rail industry and to promote
industry-wide transparency,

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accountability, and improvements in
rail service.
At the Board’s April 26 and 27, 2022
public hearing in Urgent Issues in
Freight Rail Service, the Board received
extensive testimony on severe rail
service issues reported by a wide range
of witnesses—including agricultural,
energy, and other shippers, as well as
government officials, rail labor, and rail
experts. The Board has also continued
to review and monitor weekly rail

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

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

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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
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.’’

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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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