[Federal Register Volume 80, Number 240 (Tuesday, December 15, 2015)]
[Notices]
[Page 77697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31511]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35957]


Michael Williams--Control Exemption--SDR Holding Company

    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 SDR Holding Company (SDR), upon its acquisition 
of control of Dakota Southern Railway Company (Dakota Southern), a 
Class III rail carrier.\1\
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    \1\ This notice was originally filed on September 15, 2015. On 
October 14, 2015, the Board served a decision holding the proceeding 
in abeyance and directing Williams to file supplemental information 
by November 3, 2015. Williams filed the supplemental information on 
November 3, 2015. George A. Huff submitted a comment on November 10, 
2015. Williams filed a response on December 2, 2015. On December 10, 
2015, the Board served a decision permitting publication of the 
notice based upon Williams' November 3 supplemental filing.
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    According to Williams, SDR and Dakota Southern entered into a stock 
purchase agreement dated September 30, 2009, by which SDR acquired all 
of Dakota Southern's stock.\2\
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    \2\ Williams filed a copy of the stock purchase agreement with 
the notice of exemption. (Williams Notice, Ex. B.)
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    The exemption will become effective on December 29, 2015.
    According to Williams, he currently owns and controls the following 
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) St. Maries River Railroad (71 miles 
of rail line in Idaho); (4) McCloud Railway (19.6 miles of rail line in 
California); and (5) Boot Hill & Western Railway Holding Co., Inc. 
(10.2 miles of rail line and the right to reactivate service on 15.8 
miles of rail-banked rail line in Kansas).
    Williams certifies that: (1) Dakota Southern 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 December 22, 2015 (at 
least seven days before the exemption becomes effective).
    An original and ten copies of all pleadings, referring to Docket 
No. FD 35957, 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: December 10, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2015-31511 Filed 12-14-15; 8:45 am]
BILLING CODE 4915-01-P