[Federal Register Volume 60, Number 182 (Wednesday, September 20, 1995)]
[Notices]
[Pages 48724-48725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23308]
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[[Page 48725]]
INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32772]
The New York, Susquehanna and Western Railway Corporation--
Trackage Rights Exemption--Onondaga County Industrial Development
Agency and Consolidated Rail Corporation
Onondaga County Industrial Development Agency (OCIDA) has agreed to
grant local and overhead trackage rights to The New York, Susquehanna
and Western Railway Corporation (NYS&W) over 10 miles of rail line,
known as the Jamesville Cluster, in Onondaga County, NY.1 The
trackage rights include: (1) the Jamesville Industrial Track from
approximately milepost 264.3 to approximately milepost 272.0; (2) the
Lake Industrial Track from approximately milepost 272.0 to
approximately milepost 273.5 (including the Saltland Spur); and (3)
Track 7 of the Chicago Line from approximately milepost 292.0 to
approximately milepost 292.8.
\1\The line is currently owned by OCIDA and operated by
Consolidated Rail Corporation (Conrail). OCIDA acquired the line
from Conrail in Onondaga County Industrial Development Agency--
Acquisition and Operation Exemption--Lines of Consolidated Rail
Corporation, Finance Docket No. 32287 (ICC served May 19, 1993).
Trackage rights over the line were granted by OCIDA to Conrail in
Consolidated Rail Corporation--Trackage Rights Exemption--Onondaga
County Industrial Development Agency, Finance Docket No. 32288 (ICC
served May 10, 1993). Pursuant to the Agreement underlying this
transaction, OCIDA consents to the assignment of trackage rights by
Conrail to NYS&W.
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It is asserted that the trackage rights will improve operating
economies and rail service to local shippers. The exemption became
effective on September 7, 1995. The trackage rights were to become
effective on September 8, 1995.2
\2\Samuel J. Nasca, New York State Legislative Director for
United Transportation Union (UTU), has filed a petition to reject
the notice or, in the alternative, to stay the exemption in the
instant proceeding, and to revoke the notices of exemption in
Finance Docket Nos. 32772 and 32288. UTU's stay request was not
received in time for the Commission to act on it prior to
effectiveness of the exemption. The notice appears to satisfy the
Commission's class exemption provisions under 49 CFR 1180.2(d) and
will not be rejected. The merits of UTU's arguments for rejection
can be addressed, if appropriate, when the Commission addresses the
petition for revocation of the exemptions.
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This notice is filed under 49 CFR 1180.2(d)(7). If the notice
contains false or misleading information, the exemption is void ab
initio. Petitions to revoke the exemption under 49 U.S.C. 10505(d) may
be filed at any time. The filing of a petition to revoke will not stay
the transaction. Pleadings must be filed with the Commission and served
on: Nathan R. Fenno, The New York, Susquehanna and Western Railway
Corporation, 1 Railroad Avenue, Cooperstown, NY 13326.
As a condition to the use of this exemption, any employees
adversely affected by the trackage rights will be protected under
Norfolk and Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605
(1978), as modified in Mendocino Coast Ry., Inc.--Lease and Operate,
360 I.C.C. 653 (1980).
Decided: September 14, 1995.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-23308 Filed 9-19-95; 8:45 am]
BILLING CODE 7035-01-P
