Notice2026-11831
Kean Burenga and Chesapeake and Delaware, LLC-Continuance in Control Exemption-Delaware and South Branch Railroad, LLC
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]
[Pages 35787-35788]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11831]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36939]
Kean Burenga and Chesapeake and Delaware, LLC--Continuance in
Control Exemption--Delaware and South Branch Railroad, LLC
Kean Burenga (Burenga) and Chesapeake and Delaware, LLC (CAD), each
a noncarrier, have filed a verified notice of exemption under 49 CFR
1180.2(d)(2) to continue in control of Delaware and South Branch
Railroad, LLC (DSBR), upon DSBR's becoming a Class III rail carrier.
According to the verified notice, CAD controls three Class III rail
carriers operating in the state of New Jersey.\1\ The verified notice
states that Burenga collectively controls five Class III rail carriers
operating in the state of New Jersey.\2\ According to the verified
notice, CAD controls DSBR, while Burenga has specific ownership and
managements interests in DSBR and the CAD Railroads. Specifically, the
verified notice states that Burenga serves as the Chief Project Officer
of CAD, holds a 25% membership interest in CAD, and sits on its Board
of Directors.
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\1\ The CAD Class III railroads are: (1) Dover and Rockaway
River Railroad, LLC (DRRV); (2) Dover and Delaware River Railroad,
LLC (DDRR); and (3) Delaware and Raritan River Railroad, LLC (DRRR)
(collectively, the CAD Railroads).
\2\ The Burenga Class III railroads are: (1) Belvidere &
Delaware River Railway Company, Inc. (BDR); (2) Black River &
Western Corp. d/b/a Black River & Western Railroad (BRW); (3) DDRR;
(4) DRRV; and (5) DRRR (collectively, the Burenga Railroads).
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This transaction is related to a concurrently filed verified notice
of exemption in Docket No. FD 36938, Delaware and South Branch
Railroad, LLC--Lease & Change of Operator Exemption--Black River &
Western Corp. d/b/a River & Western Railroad, and Belvidere & Delaware
River Railway Company, Inc., in which DSBR seeks Board approval 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.
Burenga and CAD represent that their control of DSBR upon DSBR's
becoming a rail common carrier is not a transaction where: (1) DSBR
would connect with any other Burenga Railroads; (2) Burenga or CAD plan
to connect DSBR with any other Burenga Railroads, or to connect any of
the Burenga Railroads to one another; or (3) a Class I carrier is
involved. Therefore, the 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. Accordingly,
because this transaction involves Class III rail carriers only, the
Board may not impose labor protective conditions here.
The earliest this transaction may be consummated is June 28, 2026,
the effective date of the exemption (corresponding with the effective
date of the related exemption in Docket No. FD 36938). If the verified
notice contains false or misleading information, the
[[Page 35788]]
exemption is void ab initio. Petitions to revoke the exemption under 49
U.S.C. 10502(g) 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 36939, 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
Burenga and CAD's representative, Robert A. Wimbish, Fletcher & Sippel
LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606-3208.
According to Burenga and CAD, this action is 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.
Eden Besera,
Clearance Clerk.
[FR Doc. 2026-11831 Filed 6-11-26; 8:45 am]
BILLING CODE 4915-01-P
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