[Federal Register Volume 88, Number 162 (Wednesday, August 23, 2023)]
[Notices]
[Page 57514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18146]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 36715]


The New York, Susquehanna and Western Railway Corporation--
Acquisition and Operation Exemption--Onondaga County Industrial 
Development Agency

    The New York, Susquehanna and Western Railway Corporation (NYS&W), 
a Class III rail carrier, has filed a verified notice of exemption 
under 49 CFR 1150.41 to acquire and operate approximately 10 miles of 
rail line, known as the Jamesville Cluster, from the Onondaga County 
Industrial Development Agency (OCIDA), in Onondaga County, N.Y. The 
rail line consists of the following segments: (1) the Jamesville 
Industrial Track, extending from approximately milepost 264.3 to 
approximately milepost 272.0; (2) the Lake Industrial Track, extending 
from approximately milepost 272.0 to approximately milepost 273.5 
(including the Saltland Spur); and (3) Track 7 of the Chicago Line, 
extending from approximately milepost 292.0 to approximately milepost 
292.8 (known to NYS&W as mileposts 274.0 to 274.8) (collectively, the 
Line). According to the verified notice, NYS&W is the current freight 
rail operator on the Line, having received operating authority for 
local and overhead trackage rights in 1995 by assignment from 
Consolidated Rail Corporation (Conrail). See N.Y., Susquehanna & W. 
Ry.--Trackage Rights Exemption--Onondaga Cnty. Indus. Dev. Agency, FD 
32772 (ICC served Sept. 20, 1995).
    According to NYS&W, in addition to the assignment of local and 
overhead trackage rights, Conrail also assigned to NYS&W Conrail's 
right to re-acquire the Line from OCIDA. The verified notice states 
that NYS&W is now exercising that right.
    NYS&W certifies that the proposed acquisition of the Line does not 
involve any interchange commitments. NYS&W further certifies that its 
projected revenues as a result of this transaction will not result in 
the creation of a Class II or Class I rail carrier. Pursuant to 49 CFR 
1150.42(e), if a carrier's projected annual revenues will exceed $5 
million, it must, at least 60 days before the exemption becomes 
effective, post a notice of its intent to undertake the proposed 
transaction at the workplace of the employees on the affected lines, 
serve a copy of the notice on the national offices of the labor unions 
with employees on the affected lines, and certify to the Board that it 
has done so. However, NYS&W has filed a request for waiver of the 60-
day advance labor notice requirements to allow the transaction to 
become effective 30 days after NYS&W's notice of exemption was filed. 
NYS&W's waiver request will be addressed in a separate decision. The 
Board will establish the effective date of the exemption in its 
separate decision on the waiver request.
    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 for stay must be filed no later than August 30, 
2023.
    All pleadings referring to Docket No. FD 36715, should 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, one copy of each pleading must be served on 
NYS&W's representative, Justin Marks, Clark Hill, 1001 Pennsylvania 
Ave. NW, Suite 1300 South, Washington, DC 20004.
    According to NYS&W, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic reporting 
requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: August 18, 2023.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2023-18146 Filed 8-22-23; 8:45 am]
BILLING CODE 4915-01-P