[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