[Federal Register Volume 80, Number 106 (Wednesday, June 3, 2015)]
[Notices]
[Page 31643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13484]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35925]
Michael Williams--Continuance in Control Exemption--Boot Hill &
Western Railway Holding Co., Inc.
Michael Williams (Williams), a noncarrier individual, has filed a
verified notice of exemption pursuant to 49 CFR 1180.2(d)(2), to
continue in control of Boot Hill & Western Railway Holding Co., Inc.
(Holding), a noncarrier holding company owned and controlled by
Williams, upon its becoming a common carrier.\1\ Williams has submitted
to the Board a redacted, public version of the Agreement for Sale of
Certain Assets, Rights and Obligations of Boot Hill & Western Railway
Co., LC (Agreement).\2\
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\1\ By letters filed on May 15 and May 18, 2015, Williams
clarified that he intends to continue in control of Holding upon
Holding's acquisition and operation of Boot Hill & Western Railway
Co., LC.
\2\ With his verified notice of exemption, Williams filed under
seal an unredacted copy of relevant portions of the Agreement and a
motion for protective order to allow limited access to those
portions of the agreement. That motion is being addressed
separately.
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This transaction is related to a concurrently filed verified notice
of exemption in Boot Hill & W. Ry. Holding Co., Inc.--Acquisition and
Operation Exemption--Boot Hill & W. Ry., Docket FD 35924, wherein
Holding seeks Board approval to acquire and operate approximately 10.2
miles of rail line owned by Boot Hill & Western Railway Co., LC (BHWR)
extending between milepost 15.8, at or near Wilroads, and milepost
26.0, at Dodge City, in Ford County, Kan.
The transaction may be consummated on June 17, 2015, (the effective
date of this notice).\3\
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\3\ Because, as noted, Williams supplemented his verified notice
on May 15 and May 18, 2015, the later date, May 18, 2015 will be
considered the filing date of the verified notice.
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Williams currently owns and controls the following four Class III
rail carriers: (1) BG & CM Railroad (76.2 miles of rail line in Idaho);
(2) Ozark Valley Railroad (24.99 miles of purchased and leased rail
line in Missouri); (3) Dakota Southern Railway Company (operating
rights over two track segments in South Dakota); and (4) McCloud
Railway (19.6 miles of rail line in California).
Williams certifies that: (1) BHWR does not connect with any other
railroads owned and controlled by Williams; (2) the proposed
transaction is not part of a series of anticipated transactions that
would result in such a connection; and (3) the proposed transaction
does not involve a Class I rail carrier. The proposed transaction is
therefore exempt from the prior approval requirements of 49 U.S.C.
11323 pursuant to 49 CFR 1180.2(d)(2).
Under 49 U.S.C. 10502(g), the Board may not use its exemption
authority to relieve a rail carrier of its statutory obligation to
protect the interests of its employees. Section 11326(c), however, does
not provide for labor protection for transactions under 11324 and 11325
that involve only Class III rail carriers. Accordingly, the Board may
not impose labor protective conditions here because all of the carriers
involved are Class III carriers.
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 to stay must be filed by June 10, 2015 (at least
seven days before the exemption becomes effective).
An original and ten copies of all pleadings, referring to Docket
No. FD 35925, must be filed with the Surface Transportation Board, 395
E Street SW., Washington, DC 20423-0001. In addition, a copy of each
pleading must be served on: Charles H. Montange, Law Offices of Charles
H. Montange, 426 NW 162d St., Seattle, WA 98177.
Board decisions and notices are available on our Web site at
``WWW.STB.DOT.GOV.''
Decided: May 29, 2015.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Raina Contee,
Clearance Clerk.
[FR Doc. 2015-13484 Filed 6-2-15; 8:45 am]
BILLING CODE 4915-01-P