DMH Trust fbo Martha M. Head-Acquisition of Control Exemption-Red River Valley & Western Railroad and Rutland Line, Inc., 47493-47494 [2012-19321]

Download as PDF Federal Register / Vol. 77, No. 153 / Wednesday, August 8, 2012 / Notices • Re-Author Action Item Listings • Review ToR Presentation • Full Committee Working Group ASRN V&V Document (DO–xxx/ ED–xxx) • Guidance Material Working Group • Re-authority the various Action Item Listings • Review Results of ToR presentation to PMC • Any other business • Plenary Session Adjourned Attendance is open to the interested public but limited to space availability. With the approval of the chairman, members of the public may present oral statements at the meeting. Persons wishing to present statements or obtain information should contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Members of the public may present a written statement to the committee at any time. Issued in Washington, DC, on August 1, 2012. Kathy Hitt, Management Analyst, Business Operations Branch, Federal Aviation Administration. [FR Doc. 2012–19448 Filed 8–7–12; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Executive Committee of the Aviation Rulemaking Advisory Committee; Meeting Aviation Administration, 800 Independence Avenue SW., Washington, DC, 20591. The Agenda includes: 1. ARAC Restructure 2. ARAC Tasking: Airman Testing Standards and Training Working Group 3. Status Report from the Rulemaking Prioritization Working Group (RPWG) 4. Status Reports from Assistant Chairs 5. Remarks from EXCOM members Attendance is open to the interested public but limited to the space available. The FAA will arrange teleconference service for individuals wishing to join in by teleconference if we receive notice by August 21. Arrangements to participate by teleconference can be made by contacting the person listed in the FOR FURTHER INFORMATION CONTACT section. Callers outside the Washington metropolitan area are responsible for paying long-distance charges. The public must arrange by August 21 to present oral statements at the meeting. The public may present written statements to the executive committee by providing 25 copies to the Executive Director, or by bringing the copies to the meeting. If you are in need of assistance or require a reasonable accommodation for this meeting, please contact the person listed under the heading FOR FURTHER INFORMATION CONTACT. Issued in Washington, DC, on August 2, 2012. Lirio Liu, Acting Director, Office of Rulemaking. Federal Aviation Administration (FAA), DOT. ACTION: Notice of meeting. AGENCY: [FR Doc. 2012–19413 Filed 8–7–12; 8:45 am] BILLING CODE 4910–13–P The FAA is issuing this notice to advise the public of a meeting of the Executive Committee of the Aviation Rulemaking Advisory Committee. DATES: The meeting will be held on August 30, 2012, at 1:30 p.m. ADDRESSES: The meeting will take place at the Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591, 10th floor, MacCracken Room. FOR FURTHER INFORMATION CONTACT: Renee Butner, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591, telephone (202) 267–5093; fax (202) 267–5075; email Renee.Butner@faa.gov. SUPPLEMENTARY INFORMATION: Under section 10(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App. 2), we are giving notice of a meeting of the Executive Committee of the Aviation Rulemaking Advisory Committee taking place on August 30, 2012, at the Federal wreier-aviles on DSK7SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 15:11 Aug 07, 2012 Jkt 226001 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35649] DMH Trust fbo Martha M. Head— Acquisition of Control Exemption— Red River Valley & Western Railroad and Rutland Line, Inc. DMH Trust fbo Martha M. Head (the Trust), a noncarrier, has filed a verified notice of exemption to acquire control of Red River Valley & Western Railroad (RRVW) and Rutland Line, Inc. (RLI),1 both Class III rail carriers. According to the Trust, Douglas M. Head owned all of the controlling shares of voting stock of RRVW and indirectly controlled RLI. Upon his death in February 2011, RRVW’s stock continued to be held by Mr. Head’s estate until it 1 RLI PO 00000 is a wholly owned subsidiary of RRVW. Frm 00136 Fmt 4703 Sfmt 4703 47493 was distributed to the Trust on January 3, 2012. The Trust did not file its verified notice of exemption with the Board until July 23, 2012. Thus, the effective date of the exemption is August 22, 2012 (30 days after the verified notice of exemption was filed).2 The Trust represents that: (1) RRVW and RLI 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 RRVW or RLI, or that would provide an additional connection between RRVW or RLI; 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 was to distribute the RRVW shares from the estate of Mr. Head to the Trust in compliance with the order of the Hennepin County District Court, allowing the 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. 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 15, 2012 (at least seven days before the exemption becomes effective). An original and ten copies of all pleadings, referring to Docket No. FD 35649, 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 2, 2012. 2 The class exemption invoked by the Trust does not provide for retroactive effectiveness. E:\FR\FM\08AUN1.SGM 08AUN1 47494 Federal Register / Vol. 77, No. 153 / Wednesday, August 8, 2012 / Notices By the Board, Rachel D. Campbell, Director, Office of Proceedings. Raina S. White, Clearance Clerk. [FR Doc. 2012–19321 Filed 8–7–12; 8:45 am] wreier-aviles on DSK7SPTVN1PROD with NOTICES BILLING CODE 4915–01–P VerDate Mar<15>2010 15:11 Aug 07, 2012 Jkt 226001 PO 00000 Frm 00137 Fmt 4703 Sfmt 9990 E:\FR\FM\08AUN1.SGM 08AUN1

Agencies

[Federal Register Volume 77, Number 153 (Wednesday, August 8, 2012)]
[Notices]
[Pages 47493-47494]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19321]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35649]


DMH Trust fbo Martha M. Head--Acquisition of Control Exemption--
Red River Valley & Western Railroad and Rutland Line, Inc.

    DMH Trust fbo Martha M. Head (the Trust), a noncarrier, has filed a 
verified notice of exemption to acquire control of Red River Valley & 
Western Railroad (RRVW) and Rutland Line, Inc. (RLI),\1\ both Class III 
rail carriers.
---------------------------------------------------------------------------

    \1\ RLI is a wholly owned subsidiary of RRVW.
---------------------------------------------------------------------------

    According to the Trust, Douglas M. Head owned all of the 
controlling shares of voting stock of RRVW and indirectly controlled 
RLI. Upon his death in February 2011, RRVW's stock continued to be held 
by Mr. Head's estate until it was distributed to the Trust on January 
3, 2012. The Trust did not file its verified notice of exemption with 
the Board until July 23, 2012. Thus, the effective date of the 
exemption is August 22, 2012 (30 days after the verified notice of 
exemption was filed).\2\
---------------------------------------------------------------------------

    \2\ The class exemption invoked by the Trust does not provide 
for retroactive effectiveness.
---------------------------------------------------------------------------

    The Trust represents that: (1) RRVW and RLI 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 RRVW or RLI, or that 
would provide an additional connection between RRVW or RLI; 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 was to distribute the RRVW shares from 
the estate of Mr. Head to the Trust in compliance with the order of the 
Hennepin County District Court, allowing the 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.
    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 15, 
2012 (at least seven days before the exemption becomes effective).
    An original and ten copies of all pleadings, referring to Docket 
No. FD 35649, 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 2, 2012.


[[Page 47494]]


    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Raina S. White,
Clearance Clerk.
[FR Doc. 2012-19321 Filed 8-7-12; 8:45 am]
BILLING CODE 4915-01-P
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