Spencer N. Wendelin-Continuance in Control-RMW Ventures, LLC, Big Four Terminal Railroad, LLC, and Wabash Central Railway, LLC, 15804-15805 [2014-06195]

Download as PDF 15804 Federal Register / Vol. 79, No. 55 / Friday, March 21, 2014 / Notices indicated above will be considered, and will be available for examination in the docket at the above addresses both before and after that date. To the extent possible, comments filed after the closing date will also be considered. Notice of final action on the petition will be published in the Federal Register pursuant to the authority indicated below. Authority: 49 U.S.C. 30141(a)(1)(A), (a)(1)(B), and (b)(1); 49 CFR 593.7; delegation of authority at 49 CFR 1.95 and 501.8. Dated: March 10, 2014. Coleman Sachs, Acting Director, Office of Vehicle Safety Compliance. [FR Doc. 2014–06168 Filed 3–20–14; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Saint Lawrence Seaway Development Corporation mstockstill on DSK4VPTVN1PROD with NOTICES Advisory Board; Notice of Meeting Pursuant to Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92–463; 5 U.S.C. App. I), notice is hereby given of a meeting of the Advisory Board of the Saint Lawrence Seaway Development Corporation (SLSDC), to be held from 8 a.m. to 9:45 a.m. (EDT) on Thursday, April 24, 2014 at the SLSDC’s Administration Building, 180 Andrews Street, Massena, New York 13662. The agenda for this meeting will be as follows: Opening Remarks; Consideration of Minutes of Past Meeting; Quarterly Report; Old and New Business; Closing Discussion; Adjournment. Attendance at the meeting is open to the interested public but limited to the space available. With the approval of the Administrator, members of the public may present oral statements at the meeting. Persons wishing further information should contact, not later than Friday, April 18, 2014, Anita K. Blackman, Senior Advisor to the Administrator, Saint Lawrence Seaway Development Corporation, 1200 New Jersey Avenue SE., Washington, DC 20590; 202–366–0091. Any member of the public may present a written statement to the Advisory Board at any time. Issued at Washington, DC, on March 17, 2014. Carrie Lavigne, Chief Counsel. [FR Doc. 2014–06151 Filed 3–20–14; 8:45 am] BILLING CODE 4910–61–P VerDate Mar<15>2010 17:18 Mar 20, 2014 Jkt 232001 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35798] RMW Ventures, LLC—Corporate Family Transaction—Big Four Terminal Railroad, LLC, and Wabash Central Railway, LLC RMW Ventures, LLC (RMW) filed a verified notice of exemption under 49 CFR 1180.2(d)(3) for a corporate family transaction within the family of business entities owned by Spencer N. Wendelin. According to RMW, Mr. Wendelin currently owns RMW and the stock of both Big Four Terminal Railroad, LLC (BFTR) and Wabash Central Railway, LLC (WCR), Class III rail carriers. Applicant seeks authorization for RMW to acquire the stock of BFTR and WCR. According to RMW, the purpose of this transaction is to allow Mr. Wendelin to retain indirect control of BFTR and WCR through RMW.1 Applicant anticipates consummating the proposed transaction after the effective date of the exemption (30 days after the exemption was filed).2 This is a transaction within a corporate family of the type exempted from prior review and approval under 49 CFR 1180.2(d)(3). RMW states that the transaction will not result in adverse changes in service levels, significant operational changes, or a change in the competitive balance with carriers outside the corporate family. 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 the transaction involves only 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 1 This transaction is related to a concurrently filed verified notice of exemption in Spencer N. Wendelin—Continuance in Control—RMW Ventures, LLC, Big Four Terminal Railroad, LLC, and Wabash Central Railway, LLC, Docket No. FD 35801, wherein Mr. Wendelin seeks continuance in control authority for RMW, BFTR, and WCR. 2 Applicant filed an amended notice of exemption on March 5, 2014. The proposed transaction may be consummated on April 4, 2014, the same day the notice of exemption in Docket No. FD 35801 becomes effective. PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 automatically stay the effectiveness of the exemption. Petitions for stay must be filed no later than March 28, 2014 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35798, 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 counsel for RMW, Richard R. Wilson, 518 N. Center Street, Ste. 100, Ebensburg, PA 15931. Board decisions and notices are available on our Web site at ‘‘WWW.STB.DOT.GOV.’’ Decided: March 17, 2014. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Raina S. White, Clearance Clerk. [FR Doc. 2014–06210 Filed 3–20–14; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35801] Spencer N. Wendelin—Continuance in Control—RMW Ventures, LLC, Big Four Terminal Railroad, LLC, and Wabash Central Railway, LLC Spencer N. Wendelin (Applicant), a noncarrier individual, has filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to continue in control of RMW Ventures, LLC (RMW) and Big Four Terminal Railroad, LLC (BFTR), a Class III rail carrier. Applicant states that he owns and controls both RMW and BFTR. Applicant also states that he owns and controls Wabash Central Railway, LLC (WCR), a Class III rail carrier. In 2010, BFTR filed a verified notice of exemption under 49 CFR 1150.31 to operate 5.2+/¥ miles of rail line owned by RMW located between milepost 0.0 in Connorsville, Ind., and milepost 5.2+/¥ in Beesons, Ind., in Fayette and Wayne Counties, Ind. Big Four Terminal R.R.—Operation Exemption—RMW Ventures, FD 35454 (STB served Dec. 30, 2010). According to Applicant, BFTR was incorporated to operate this 5.2-mile line of railroad in 2010, at which time Applicant also owned and controlled RMW. Applicant states that, during the incorporation of BFTR, he inadvertently did not seek continuance in control authority involving BFTR. Applicant filed the verified notice of exemption with the Board to correct that oversight on February 12, 2014. E:\FR\FM\21MRN1.SGM 21MRN1 Federal Register / Vol. 79, No. 55 / Friday, March 21, 2014 / Notices Applicant amended the notice on March 5, 2014.1 Thus, the effective date of the exemption is April 4, 2014 (30 days after the verified notice of exemption was filed). This transaction is related to a concurrently filed verified notice of exemption in RMW Ventures, LLC— Corporate Family Transaction—Big Four Terminal Railroad, LLC, Docket No. FD 35798, wherein RMW seeks Board approval to acquire the stock of BFTR and WCR. Applicant represents that: (1) The rail lines of RMW, BFTR, and WCR do not connect with each other or any railroads in their corporate family; (2) the continuance in control is not part of a series of anticipated transactions that would connect the railroads with each other or any railroads in their corporate family; and (3) the transaction does not involve a Class I carrier. Therefore, the proposed 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 mstockstill on DSK4VPTVN1PROD with NOTICES 1 Accordingly, March 5, 2014, is the official filing date. While the verified notice indicates that Applicant is seeking an exemption to authorize the continuance in control ‘‘nunc pro tunc’’ (retroactively), the authority will be effective prospectively from April 4, 2014. The class exemption invoked by Applicant does not provide for retroactive effectiveness. VerDate Mar<15>2010 17:18 Mar 20, 2014 Jkt 232001 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 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. Stay petitions must be filed no later than March 28, 2014 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35801, 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 Richard R. Wilson, 518 N. Center Street, Ste. 1, Ebensburg, PA 15931. Board decisions and notices are available on our Web site at ‘‘WWW.STB.DOT.GOV.’’ Decided: March 17, 2014. PO 00000 Frm 00085 Fmt 4703 Sfmt 9990 15805 By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2014–06195 Filed 3–20–14; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board Release of Waybill Data The Surface Transportation Board has received a request from the Association of American Railroads (WB463–16—11/ 20/13) for permission to use certain data from the Board’s Carload Waybill Samples. A copy of this request may be obtained from the Office of Economics. The waybill sample contains confidential railroad and shipper data; therefore, if any parties object to these requests, they should file their objections with the Director of the Board’s Office of Economics within 14 calendar days of the date of this notice. The rules for release of waybill data are codified at 49 CFR 1244.9. Contact: Scott Decker, (202) 245– 0348. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2014–06194 Filed 3–20–14; 8:45 am] BILLING CODE 4915–01–P E:\FR\FM\21MRN1.SGM 21MRN1

Agencies

[Federal Register Volume 79, Number 55 (Friday, March 21, 2014)]
[Notices]
[Pages 15804-15805]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06195]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35801]


Spencer N. Wendelin--Continuance in Control--RMW Ventures, LLC, 
Big Four Terminal Railroad, LLC, and Wabash Central Railway, LLC

    Spencer N. Wendelin (Applicant), a noncarrier individual, has filed 
a verified notice of exemption under 49 CFR 1180.2(d)(2) to continue in 
control of RMW Ventures, LLC (RMW) and Big Four Terminal Railroad, LLC 
(BFTR), a Class III rail carrier.
    Applicant states that he owns and controls both RMW and BFTR. 
Applicant also states that he owns and controls Wabash Central Railway, 
LLC (WCR), a Class III rail carrier. In 2010, BFTR filed a verified 
notice of exemption under 49 CFR 1150.31 to operate 5.2+/- miles of 
rail line owned by RMW located between milepost 0.0 in Connorsville, 
Ind., and milepost 5.2+/- in Beesons, Ind., in Fayette and Wayne 
Counties, Ind. Big Four Terminal R.R.--Operation Exemption--RMW 
Ventures, FD 35454 (STB served Dec. 30, 2010). According to Applicant, 
BFTR was incorporated to operate this 5.2-mile line of railroad in 
2010, at which time Applicant also owned and controlled RMW. Applicant 
states that, during the incorporation of BFTR, he inadvertently did not 
seek continuance in control authority involving BFTR. Applicant filed 
the verified notice of exemption with the Board to correct that 
oversight on February 12, 2014.

[[Page 15805]]

Applicant amended the notice on March 5, 2014.\1\ Thus, the effective 
date of the exemption is April 4, 2014 (30 days after the verified 
notice of exemption was filed).
---------------------------------------------------------------------------

    \1\ Accordingly, March 5, 2014, is the official filing date. 
While the verified notice indicates that Applicant is seeking an 
exemption to authorize the continuance in control ``nunc pro tunc'' 
(retroactively), the authority will be effective prospectively from 
April 4, 2014. The class exemption invoked by Applicant does not 
provide for retroactive effectiveness.
---------------------------------------------------------------------------

    This transaction is related to a concurrently filed verified notice 
of exemption in RMW Ventures, LLC--Corporate Family Transaction--Big 
Four Terminal Railroad, LLC, Docket No. FD 35798, wherein RMW seeks 
Board approval to acquire the stock of BFTR and WCR.
    Applicant represents that: (1) The rail lines of RMW, BFTR, and WCR 
do not connect with each other or any railroads in their corporate 
family; (2) the continuance in control is not part of a series of 
anticipated transactions that would connect the railroads with each 
other or any railroads in their corporate family; and (3) the 
transaction does not involve a Class I carrier. Therefore, the proposed 
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 
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 effectiveness of the exemption. 
Stay petitions must be filed no later than March 28, 2014 (at least 7 
days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35801, 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 Richard R. Wilson, 518 N. Center Street, 
Ste. 1, Ebensburg, PA 15931.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: March 17, 2014.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2014-06195 Filed 3-20-14; 8:45 am]
BILLING CODE 4915-01-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.