[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