Notice2023-18146
The New York, Susquehanna and Western Railway Corporation-Acquisition and Operation Exemption-Onondaga County Industrial Development Agency
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 23, 2023
Issuing agencies
Surface Transportation Board
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 162 (Wednesday, August 23, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 162 (Wednesday, August 23, 2023)]
[Notices]
[Page 57514]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18146]
=======================================================================
-----------------------------------------------------------------------
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 <a href="http://www.stb.gov">www.stb.gov</a>.
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
</pre></body>
</html>Indexed from Federal Register on August 23, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.