[Federal Register Volume 60, Number 188 (Thursday, September 28, 1995)]
[Notices]
[Pages 50216-50217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24100]



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INTERSTATE COMMERCE COMMISSION
[Finance Docket No. 32774]


Southern Pacific Transportation Company; Trackage Rights 
Exemption; Union Pacific Railroad Company

    Union Pacific Railroad Company (UP) has granted trackage rights to 
Southern Pacific Transportation Company (SP) over approximately 13,000 
feet of UP connecting and access trackage in Oakland, CA, to connect 
SP's existing trackage at Oakland with an industrial property on UP 
known as ``Schnitzer Steel.'' 1 The trackage rights were 

[[Page 50217]]
scheduled to become effective on September 15, 1995.

    \1\ On August 4, 1995, Union Pacific Corporation, Union Pacific 
Railroad Company, Missouri Pacific Railroad Company, Southern 
Pacific Rail Corporation, Southern Pacific Transportation Company, 
St. Louis Southwestern Railway Company, SPCSL Corp., and The Denver 
and Rio Grande Western Railroad Company filed a notice of intent to 
file a control and merger application in Finance Docket No. 32760. 
Under 49 CFR 1180.4(c)(2)(vi), any proceeding directly related to an 
application in a major transaction must be filed concurrently with 
the primary application. It does not appear that this notice is 
directly related to the intended application. SP, UP, and other 
interested persons are invited to comment on the relationship, if 
any, between this notice and the merger application to be filed in 
Finance Docket No. 32760.
    Additionally, within 10 days after publication of this notice of 
exemption, SP must file a copy of the trackage rights agreement. 49 
CFR 1180.4(g)(1)(i) and 1180.6(a)(7) (ii). If SP wishes to protect 
any commercially or competitively sensitive information in the 
agreement, as it suggests in its verified notice, it may file 
another, redacted version of the agreement for the public docket 
along with a request to keep the confidential copy under seal and 
outside of the public docket and to refrain from otherwise 
disclosing its contents to the public. The redacted version should 
adhere to the pagination scheme of the confidential version but 
should redact those details that warrant confidential treatment.
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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: Gary A. Laakso, Southern Pacific Transportation Company, One Market 
Plaza, Room 846, San Francisco, CA 94105.
    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 18, 1995.

    By the Commission, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 95-24100 Filed 9-27-95; 8:45 am]
BILLING CODE 7035-01-P