[Federal Register Volume 75, Number 81 (Wednesday, April 28, 2010)]
[Notices]
[Page 22436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9782]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35365]


Michael Williams-Control Exemption-St. Maries River Railroad, 
Inc.

    Michael Williams (applicant),\1\ a noncarrier, has filed a verified 
notice of exemption to acquire control of St. Maries River Railroad, 
Inc. (STMA), a Class III railroad, through the purchase of all of 
STMA's stock from STMA's parent, Potlatch Land & Lumber, LLC, by 
Williams Group, Inc. (WG).\2\ Applicant currently controls two Class 
III railroads through stock ownership: BG & CM Railroad (BG & CM), 
which operates in Idaho; and Ozark Valley Railroad (OVRR), which 
operates in Missouri.\3\ Applicant will control STMA through WG.
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    \1\ Applicant has also concurrently filed a motion for 
protective order pursuant to 49 CFR 1104.14(b) to allow applicant to 
file the unredacted Stock Purchase Agreement under seal. That motion 
will be addressed in a separate decision.
    \2\ WG is a noncarrier holding company, which is wholly owned 
and controlled by applicant.
    \3\ Applicant indicates that it expects to file shortly a notice 
of exemption to acquire the stock of Dakota Southern Railway Company 
(DSRA), a Class III rail carrier, which operates in South Dakota. 
Approval for the proposed acquisition of control of DSRA is not 
authorized in this proceeding.
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    The parties intend to consummate the transaction by May 28, 2010. 
Applicant, however, may not consummate the transaction prior to the May 
12, 2010 effective date of this exemption.
    Applicant states that: (i) STMA does not connect with any rail 
lines of the BG & CM, OVRR, or any other railroad now controlled by 
applicant; (ii) the acquisition of control of STMA is not part of a 
series of anticipated transactions that would connect any of the 
railroads with each other or with any railroad in their corporate 
family; and (iii) this transaction does not involve a Class I rail 
carrier. Therefore, the transaction is exempt from the prior approval 
requirements of 49 U.S.C. 11323. See 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 Sec. Sec.  
11324 and 11325 that involve only Class III rail carriers. Accordingly, 
the Board may not impose labor protective conditions here, because all 
the carriers involved are Class III rail carriers.
    If the 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 May 5, 2010 (at least 7 
days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35365, must be filed with the Surface Transportation Board, 395 E 
Street, SW., Washington, DC 20423-0001. In addition, one copy of each 
pleading must be served on Charles H. Montange, 426 NW. 162nd Street, 
Seattle, WA 98177.
    Board decisions and notices are available on our Web site at: 
``http://www.stb.dot.gov.''

    Decided: April 22, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. 2010-9782 Filed 4-27-10; 8:45 am]
BILLING CODE 4915-01-P