[Federal Register Volume 77, Number 165 (Friday, August 24, 2012)]
[Notices]
[Pages 51615-51616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-20864]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35662]


DMH Trust fbo Martha M. Head--Acquisition of Control Exemption--
Twin Cities & Western Railroad Company, Minnesota Prairie Line, Inc. 
and Sisseton Milbank Railroad Company

    DMH Trust fbo Martha M. Head (the Trust), a noncarrier, has filed a 
verified notice of exemption to acquire control of Twin Cities & 
Western Railroad Company (TCW), Minnesota Prairie Line, Inc. (MPL), and 
Sisseton Milbank Railroad Company (SMRC),\1\ all Class III rail 
carriers.
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    \1\ MPL and SMRC are wholly owned subsidiaries of TCW.
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    According to the Trust, Douglas M. Head owned all of the 
controlling shares of voting stock of TCW and indirectly controlled MPL 
and SMRC. Following his death in February 2011, TCW's stock continues 
to be held by Mr. Head's estate, which now desires to distribute this 
stock to the Trust. The Trust intends to consummate the transaction on 
or after September 10, 2012 (the effective date of the exemption is 
September 9, 2012, 30 days after the verified notice of exemption was 
filed).
    The Trust represents that: (1) TCW, MPL, and SMRC will not connect 
with any rail lines owned or controlled by the Trust; (2) the 
transaction is not part of a series of anticipated transactions that 
would connect any railroad owned or controlled by the Trust with TCW, 
MPL, or SMRC, or that would provide an additional connection between 
any of the carriers controlled by the Trust; and (3) the 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). The Trust states that the 
purpose of the transaction is to transfer the TCW shares from the 
estate of Mr. Head to the Trust in compliance with provisions of Mr. 
Head's will, allowing the substantial completion of the probate of the 
estate.
    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.

[[Page 51616]]

    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 for stay must be filed no later than August 31, 
2012 (at least seven days before the exemption becomes effective).
    An original and ten copies of all pleadings, referring to Docket 
No. FD 35662, 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 19th Street NW., Fifth Floor, Washington, DC 20036.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: August 20, 2012.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2012-20864 Filed 8-23-12; 8:45 am]
BILLING CODE 4915-01-P