[Federal Register Volume 77, Number 126 (Friday, June 29, 2012)]
[Notices]
[Page 38884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15957]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35641]


Sisseton Milbank Railroad Company--Acquisition and Operation 
Exemption--SLA Property Management Limited Partnership and Sisseton 
Milbank Railroad, Inc.

    Sisseton Milbank Railroad Company (SMRC), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to acquire from SLA 
Property Management Limited Partnership and Sisseton Milbank Railroad, 
Inc., their interests in, and to operate, an approximately 37.1-mile 
rail line between approximate railroad milepost 0.9 in or near Milbank 
and approximate railroad milepost 38.0 in or near Sisseton, in Grant 
and Roberts Counties, S.D.
    This transaction is related to a concurrently filed petition for 
exemption in Docket No. FD 35642, Twin Cities & Western Railroad 
Company, the Estate of Douglas M. Head and the DMH Trust fbo Martha M. 
Head--Continuance in Control Exemption--Sisseton Milbank Railroad 
Company, in which Twin Cities & Western Railroad Company (TCW), the 
Estate of Douglas M. Head (Estate), and the DMH Trust fbo Martha M. 
Head (Trust) seek Board approval to continue in control of SMRC upon 
SMRC's becoming a Class III rail carrier.\1\
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    \1\ SMRC states that it is a wholly owned subsidiary of TCW, 
which is currently controlled by the Estate, and that it is 
anticipated that the TCW stock held by the Estate will be 
distributed to the Trust in the near future.
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    The parties expect to consummate the transaction on or after July 
16, 2012.\2\
    SMRC certifies that its projected annual revenues as a result of 
this transaction do not exceed those that would qualify it as a Class 
III rail carrier and will not exceed $5 million.
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    \2\ SMRC indicates that, because it is likely that the 
acquisition transaction will close prior to the Board's issuance of 
a decision on TCW's continuance-in-control petition, TCW has entered 
into a Voting Trust Agreement pursuant to 49 CFR part 1013, under 
which the shares of SMRC will be deposited in a voting trust.
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    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 no later than July 6, 2012 
(at least seven days before the exemption becomes effective).
    An original and ten copies of all pleadings, referring to Docket 
No. FD 35641, 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 Rose-Michele Nardi, Weiner Brodsky Sidman 
Kider, PC, 1300 Nineteenth Street NW., Fifth Floor, Washington, DC 
20036-1609.
    Board decisions and notices are available on our Web site at 
``www.stb.dot.gov.''

    Decided: June 26, 2012.

    By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2012-15957 Filed 6-28-12; 8:45 am]
BILLING CODE 4915-01-P