[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] ----------------------------------------------------------------------- INTERSTATE COMMERCE COMMISSION [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, 1994. --------------------------------------------------------------------------- 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 19101-1416. 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 Proceedings. Vernon A. Williams, Acting Secretary. [FR Doc. 94-25469 Filed 10-13-94; 8:45 am] BILLING CODE 7035-01-P