[Federal Register Volume 63, Number 46 (Tuesday, March 10, 1998)]
[Notices]
[Pages 11707-11708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6145]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33565]


RMW Ventures, L.L.C.--Control Exemption--C&NC, L.L.C., Maumee & 
Western, L.L.C., and Wabash Central, L.L.C

    RMW Ventures, L.L.C. (RMW), a noncarrier, has filed a notice of 
exemption to control three carrier corporations: C&NC, L.L.C.; Maumee & 
Western, L.L.C.; and Wabash Central, L.L.C.1
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    \1\ See C&NC, L.L.C.--Acquisition Exemption--Indiana Hi Rail 
Corporation, STB Finance Docket No. 33476 (STB served Oct. 31, 
1997); Maumee & Western, L.L.C.--Acquisition and Operation 
Exemption--Norfolk and Western Railway Company, STB Finance Docket 
No. 33478 (STB served Oct. 31, 1997); Wabash Central, L.L.C.--
Acquisition and Operation Exemption--Norfolk and Western Railway 
Company, STB Finance Docket No. 33479 (STB served Oct. 31, 1997).
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    RMW was formed to be the parent holding company of the three 
simultaneously created Class III rail carriers: C&NC, L.L.C., which 
owns approximately 5.2 miles of rail line in the State of Indiana; 
Maumee & Western, L.L.C. which owns approximately 51 miles of rail line 
in the States of Indiana and Ohio; and Wabash Central, L.L.C.,which 
owns approximately 26.4 miles of rail line in the State of Indiana. 
Common carrier rail service is provided on each line by three operating 
corporations.2
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    \2\ See C&NC Railroad Corporation--Lease and Operation 
Exemption--Lines of the Norfolk and Western Railway Company and 
Indiana Hi Rail Corporation, STB Finance Docket No. 33475 (STB 
served Oct. 31, 1997); Maumee & Western Railroad Corporation--
Operation Exemption--Maumee & Western, L.L.C., STB Finance Docket 
No. 33535, (STB served Jan. 16, 1998); and Wabash Central Railroad 
Corporation--Operation Exemption--Wabash Central, L.L.C., STB 
Finance Docket No. 33536 (STB served Jan. 16, 1998).

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[[Page 11708]]

    RMW states that its control of the three carrier entities actually 
occurred on or about December 15, 1997, upon the acquisition of three 
separate rail lines by its three subsidiary corporations. Due to an 
apparent oversight, RMW did not file its verified notice of exemption 
with the Board until February 26, 1998. Thus, the effective date of the 
exemption is March 5, 1998 (7 days after the exemption was 
filed).3
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    \3\ The class exemption invoked by RMW does not provide for 
retroactive (or nunc pro tunc) effectiveness.
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    RMW states that: (i) The railroads do not connect with each other 
or any railroad in their corporate family; (ii) the acquisition of 
control is not part of a series of anticipated transactions that would 
connect the three railroads with each other or any railroad in their 
corporate family; and (iii) the transaction does not involve a Class I 
carrier. 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. Because this 
transaction involves Class III rail carriers only, the Board, under the 
statute, may not impose labor protective conditions for this 
transaction.
    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. 33565, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, N.W., 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on Richard R. Wilson, Esq., 1126 Eighth Avenue, Suite 403, 
Altoona, PA 16602.

    Decided: March 3, 1998.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 98-6145 Filed 3-9-98; 8:45 am]
BILLING CODE 4915-00-P