Michael W. Williams Control Exemption for McCloud Railway Company, Ozark Valley Railroad, Inc., and Washington & Idaho Railway, Inc.
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The Surface Transportation Board granted Michael W. Williams after-the-fact authority under 49 U.S.C. 10502 to control three Class III railroads: Ozark Valley Railroad (OVR), McCloud Railway Company (MCR), and Washington & Idaho Railway (WIR). This follows the Board's 2021 rejection of Williams' earlier exemption notices due to unauthorized control of OVR and MCR and concerns over the complexity of his railroad holdings. Williams already controls several other short-line railroads including BG&CM, SMRR, BHWH, and DSR. The Board examined family ownership stakes in related entities MB Rail IB and M&B Rail, concluding that Williams and his daughter do not jointly control additional carriers Y&S and TransKentucky. The decision also confirmed that Williams' former entity Fremont Northern did not require authority to acquire an abandoned right-of-way in Nebraska.
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Key Changes
- Granted after-the-fact exemption under 49 U.S.C. 10502 for control of OVR, MCR, and WIR
- Resolved 2021 Board concerns regarding unauthorized control of two Class III carriers
- Determined Williams and daughter Avory Beggs do not jointly control Y&S or TransKentucky despite collective 79.75% stake in MB Rail IB
+ 3 more changes with Pro
Obligations
What this law requires
Michael W. Williams must obtain and maintain after-the-fact control exemption authority under 49 U.S.C. 10502 for three Class III railroads: Ozark Valley Railroad, Inc. (OVR), McCloud Railway Company (MCR), and Washington & Idaho Railway, Inc. (WIR)
Michael W. Williams must comply with all provisions of 49 U.S.C. 11323-24 regarding control of rail carriers, except as exempted by the Surface Transportation Board decision
Michael W. Williams must not exercise control over any rail carrier without proper Surface Transportation Board authority, as evidenced by his previous unauthorized control of OVR and MCR that was rejected in September 2021
Michael W. Williams must provide accurate, complete, and meticulous documentation to the Surface Transportation Board regarding all railroad holdings, ownership interests, and control relationships, including organizational charts and ownership percentages
Michael W. Williams must disclose all ownership interests held individually and jointly with family members (including daughter Avory Beggs and wife Tammy Williams) in entities that control Class III rail carriers