[Federal Register Volume 62, Number 206 (Friday, October 24, 1997)]
[Notices]
[Pages 55454-55455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28149]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[Section 5a Application No. 34 (Amendment No. 9)]


Middlewest Motor Freight Bureau, Inc.

AGENCY: Surface Transportation Board; DOT.

ACTION: Request for comments.

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SUMMARY: The Surface Transportation Board is seeking comments from 
interested persons on the application filed by the Middlewest Motor 
Freight Bureau, Inc. (MWB) for approval of amendments to its by-laws. 
The proposed amendments are described below.

DATES: Comments are due by November 24, 1997.

ADDRESSES: Send an original and 10 copies of pleadings to Section 5a 
Application No. 34 (Amendment No. 9) to: Surface Transportation Board, 
Office of the Secretary, Case Control Unit, 1925 K Street, N.W., 
Washington, D.C. 20423-0001. Also send one copy to MWB's 
representative: Bryce Rea, Jr., 1920 N Street, NW., Washington, DC 
20036.

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 565-1600 (TDD 
for the hearing impaired: (202) 565-1695.)

SUPPLEMENTARY INFORMATION: MWB is seeking Surface Transportation 
Board approval of several minor amendments to its by-laws. MWB 
states that the amendments would reduce the number of directors and 
quorum requirements for meetings of the board of directors (the 
Board) of MWB, reduce the size of the nominating committee for the 
Board, revise titles of officers, authorize the Board to fill 
vacancies on the Board, allow for greater flexibility in scheduling 
and holding Board meetings, and eliminate territorial 
classifications for the Board or for directors.

    MWB proposes to change the titles of Board members as follows: 
``Executive Vice President'' would be changed to ``President'', 
``President'' would be changed to ``Chairman of the Board'', and ``Vice 
President'' would be changed to ``Vice Chairman of the Board.''

[[Page 55455]]

    MWB also proposes to delete from Secs. 6.4, 6.5 and 6.6 provisions 
which were added to implement a merger with the Central States Motor 
Freight Bureau, Inc. (CSB) that was authorized in Middlewest Freight 
Bureau, Inc., and Central States Motor Freight Bureau, Inc--Merger 
Agreement, Section 5a Application No. 34 (ICC served July 9, 1993).
    Section 6.3 would be amended to reduce the membership of the Board 
from 27 directors to 18 directors and to eliminate territorial 
classifications which apportioned seats on the Board and certain Board 
committees according to the territories comprising the expanded MWB 
territory, viz., Southwestern Territory, Middlewest Territory, and 
Central States Territory. MWB states that these classifications are no 
longer necessary. Language would also be eliminated which governed the 
election of the first Board after the merger with CSB.
    A new Section 6.4 would be added which would stagger the terms of 
directors so that one-third are elected each year. Section 6.5 would be 
amended to reduce the nominating committee from 9 directors to 4 
directors. A provision would be added to Section 6.6 authorizing the 
Board to fill vacancies if an insufficient number of directors are 
elected. Section 6.9 would be amended to authorize the Board to fill 
vacancies resulting from death, resignation, inability to serve, or 
expulsion.
    Section 8.1 would be amended to delete the requirement for 
quarterly Board meetings. MWB states that regularly scheduled Board 
meetings are no longer necessary. Section 12.1 would be amended to 
authorize the Board to call and hold meetings when needed. Section 12.3 
would be amended to authorize Board meetings by telephone conference 
call and to permit fax or telephone notices of emergency Board 
meetings. Section 12.4 would be amended to reduce the quorum 
requirement for Board meetings from 10 to 7.
    MWB states that the amendments do not relate to and are not 
affected by territorial expansion and do not involve or affect MWB's 
collective ratemaking activities.1 MWB states that the Board 
has no ratemaking authority, as that authority remains vested in the 
General Rate Committee. MWB states that these proposed amendments do 
not change the composition of the General Rate Committee or any of its 
functions.
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    \1\ MWB has other amendments to its Agreement pending before the 
Board in Section 5a Application No. 34 (Amendment No. 8), Middlewest 
Motor Freight Bureau, Inc., which seeks territorial expansion of its 
collective ratemaking agreement. This request is being considered in 
Section 5a Application No. 118 (Amendment No. 1), et al., EC-MAC 
Motor Carriers Service Association, Inc., et al.
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    We seek comment on whether these proposed amendments meet the 
criteria of 49 U.S.C. 13703(a)(2). Comments on these proposed 
amendments should be filed in this docket.
    Copies of the application and the amendments are available for 
inspection and copying at the Office of the Secretary, Surface 
Transportation Board, 1925 K Street, NW, Washington, DC 20423 and from 
applicant's counsel.

    Decided: October 16, 1997.

    By the Board, Chairman Morgan and Vice Chairman Owen.
Vernon A. Williams,
Secretary.
[FR Doc. 97-28149 Filed 10-23-97; 8:45 am]
BILLING CODE 4915-00-P