[Federal Register Volume 77, Number 141 (Monday, July 23, 2012)]
[Notices]
[Pages 43146-43147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17847]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[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

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice of exemption.

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SUMMARY: The Board is granting an exemption under 49 U.S.C. 10502 from 
the prior approval requirements of 49 U.S.C. 11323-25 for Twin Cities & 
Western Railroad Company (TCW), a Class III rail carrier, and the 
Estate of Douglas M. Head (the Estate), a noncarrier, to continue in 
control of Sisseton Milbank Railroad Company (SMRC) upon SMRC's 
becoming a Class III rail carrier in a related transaction. That 
related transaction involves SMRC's acquisition from Sisseton Milbank 
Railroad, Inc. (SMRR) and SLA Property Management Limited Partnership 
(SLA) of their interests in, and operation of, approximately 37.1 miles 
of rail line situated in Grant and Roberts Counties, S.D. (the 
Line).\1\ Because all the carriers involved are Class III carriers, the 
continuance-in-control exemption is not subject to labor

[[Page 43147]]

protective conditions. The Estate currently controls TCW, which, in 
turn, controls Minnesota Prairie Line, Inc. (MPL), also a Class III 
rail carrier. After the consummation of the acquisition transaction, 
SMRC and TCW will connect in or near Milbank, S.D.
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    \1\ See Sisseton Milbank R.R.--Acquis. & Operation Exemption--
SLA Prop. Mgmt. Ltd. P'ship, FD 35641 (STB served June 29, 2012).
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    In addition to TCW and the Estate, the DMH Trust fbo Martha M. Mead 
(Trust) also seeks an exemption for continuance of control of SMRC, 
apparently as part of the Estate's plan to distribute the stock of TCW 
to the Trust. Because the Trust does not currently control SMRC and 
will need to obtain Board authority in any event to acquire TCW, any 
rail carrier subsidiaries of TCW, or any other rail carrier, the 
request for a continuance-in-control exemption, as it applies to the 
Trust, is being denied.

DATES: This exemption will be effective on August 7, 2012. Petitions to 
stay must be filed by July 26, 2012. Petitions to reopen must be filed 
by August 1, 2012.

ADDRESSES: Send an original and 10 copies of all pleadings referring to 
Docket No. FD 35642, to: Surface Transportation Board, 395 E Street 
SW., Washington DC 20423-0001. In addition, send one copy of pleadings 
to Rose-Michele Nardi, Weiner Brodsky Sidman Kider PC, 1300 Nineteenth 
Street NW., Fifth Floor, Washington, DC 20036-1609.

FOR FURTHER INFORMATION CONTACT: Scott M. Zimmerman, (202) 245-0386. 
Assistance for the hearing impaired is available through the Federal 
Information Relay Service (FIRS) at (800) 877-8339.

SUPPLEMENTARY INFORMATION: Additional information is contained in the 
Board's decision served July 18, 2012, which is available on our Web 
site at ``WWW.STB.DOT.GOV.''

    Decided: July 13, 2012.

    By the Board, Chairman Elliott, Vice Chairman Mulvey, and 
Commissioner Begeman.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2012-17847 Filed 7-20-12; 8:45 am]
BILLING CODE 4915-01-P