[Federal Register Volume 59, Number 198 (Friday, October 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25469]

[[Page Unknown]]

[Federal Register: October 14, 1994]


[Finance Docket No. 32574]


Finger Lakes Railway Corp.--Acquisition and Operation Exemption--
Consolidated Rail Corporation

    Finger Lakes Railway Corp. (FLRC), a noncarrier, has filed a notice 
of exemption to acquire and operate 117.84 miles of rail line, owned by 
the Consolidated Rail Corporation (Conrail), in the State of New 
York.1 The involved Conrail line segments include: (1) Watkins 
Glen Industrial Track between milepost 46.30 at or near Bellona and 
milepost 16.55 at or near Watkins Glen, a distance of 29.75 miles; (2) 
Canandaigua Secondary between milepost 76.00 at or near Canandaigua and 
milepost 51.30 at or near Geneva, a distance of 24.70 miles; (3) Auburn 
Secondary between milepost 50.50 at or near Geneva and milepost 3.61 at 
or near Solvay Yard, a distance of 46.89 miles; (4) Geneva Running 
Track between milepost 344.40 at or near Geneva and milepost 329.30 at 
or near Kendaia, a distance of 15.10 miles; (5) Lehigh & New York 
Industrial Track between milepost 357.00 and milepost 356.10 at or near 
Auburn, a .90-mile distance; and (6) Auburn & Ithaca Industrial Track 
between milepost 349.20 and milepost 348.70 at or near Auburn, a .50-
mile distance.

    \1\On September 16, 1994, Samuel J. Nasca, New York State 
Legislative Director for United Transportation Union, filed a 
petition requesting that the verified notice filed by FLRC on 
September 14, 1994, be rejected because FLRC did not state the 
proposed time schedule for consummation of the proposed transaction, 
as required by 49 CFR 1150.33(e)(2). In the alternative, Mr. Nasca 
requests that the exemption be stayed until FLRC amends its notice. 
On September 20, 1994, FLRC filed an amendment to its verified 
notice stating that it expects to consummate the transaction on or 
about November 15, 1994.
    FLRC has cured the defect in its notice. Therefore, the petition 
to reject the notice or to stay the exemption is denied. Under 49 
CFR 1150.32(b), the exemption became effective on September 27, 

    FLRC will have access rights to interchange with Conrail at Solvay 
Yard, east of Fairmount. It will also interchange with Conrail at 
Geneva, NY.
    The transaction also includes the acquisition by FLRC of incidental 
trackage rights from Conrail between milepost 12.80 at or near Geneva 
to milepost 34.90 at or near Himrod Jct., a distance of 22.10 miles. 
The parties expect to consummate the proposed transaction on or after 
November 15, 1994, and after execution of a definitive Purchase and 
Sale Agreement by the parties.
    Any comments must be filed with the Commission and served on: Eric 
M. Hocky, 213 W. Miner Street, P.O. Box 796, West Chester, PA 19381-
0796; and Jonathan Broder, Consolidated Rail Corporation, Law 
Department 16A, Two Commerce Square, P.O. Box 41416, Philadelphia, PA 
    This notice is filed under 49 CFR 1150.31. 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 automatically 
stay the transaction.

    Decided: October 6, 1994.

    By the Commission, David M. Konschnik, Director, Office of 
Vernon A. Williams,
Acting Secretary.
[FR Doc. 94-25469 Filed 10-13-94; 8:45 am]