[Federal Register Volume 70, Number 222 (Friday, November 18, 2005)]
[Notices]
[Page 70027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22768]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34722]


Beth A. Blansett, William D. Blansett, and Modoc Railway and Land 
Company LLC--Continuance in Control Exemption

    Beth A. Blansett and William D. Blansett (Blansetts), nonconcarrier 
individuals, have filed a verified notice of exemption to continue in 
control of Modoc Railway and Land Company LLC (MR&L) \1\ and Modoc 
Northern Railroad Company (MNRR),\2\ upon their becoming Class III rail 
carriers. The Blansetts currently control Utah Central Railway Company 
(UCRC), a Class III rail carrier.\3\ MR&L also is invoking the class 
exemption to control MNRR, when both become rail carriers.
---------------------------------------------------------------------------

    \1\ Beth A. and William D. Blansett each own one-third interests 
in MR&L. Cristina C. Blansett, a minor, owns the remaining one-third 
interest in MR&L.
    \2\ Beth A. and William D. Blansett each own 50 percent 
interests in MNRR.
    \3\ Beth A. and William D. Blansett own 953 shares in UCRC. 
Also, Stephen M. Richards owns 200 shares, William C. Blansett owns 
505 shares and Carl E. Baker owns 48 shares.
---------------------------------------------------------------------------

    The transaction was expected to be consummated on or shortly after 
November 1, 2005.
    This transaction is related to two concurrently filed notices of 
exemption: (1) STB Finance Docket No. 34769, Modoc Railway and Land 
Company LLC--Acquisition Exemption--Union Pacific Railroad Company, 
wherein MR&L seeks to acquire by lease, with an option to purchase, 
approximately 107.15 miles of rail lines from Union Pacific Railroad 
Company, consisting of the line known as the Modoc Subdivision 
extending between milepost 552.0 near Texum, OR, and milepost 445.6 at 
the end of the track near McArthur, CA, and the Lakeview Branch 
extending between milepost 456.89 and milepost 458.60 at Alturas, CA; 
and (2) STB Finance Docket No. 34768, Modoc Northern Railroad Company--
Operation Exemption--Union Pacific Railroad Company, wherein MNRR seeks 
to operate the rail lines being acquired by lease by MR&L.
    The Blansetts state that: (1) The rail lines being operated by UCRC 
do not connect with the rail lines being acquired by lease by MR&L and 
operated by MNRR; (2) the continuance in control is not a part of a 
series of anticipated transactions that would connect the rail lines 
being acquired by MR&L with any railroad in their corporate family; and 
(3) the transaction does not involve a Class I railroad. 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 sections 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 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 transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 34722, must be filed with the Surface Transportation 
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, one 
copy of each pleading must be served on Dennis C. Farley, Lear & Lear, 
L.L.P., 229 South Main, Suite 2200, Wells Fargo Center, Salt Lake City, 
UT 84111.
    Board decisions and notices are available on our Web site at http://www.stb.dot.gov.

    Decided: November 9, 2005.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05-22768 Filed 11-17-05; 8:45 am]
BILLING CODE 4915-01-P