[Federal Register Volume 79, Number 55 (Friday, March 21, 2014)]
[Notices]
[Page 15804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06210]


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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\
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    \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.
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    Applicant anticipates consummating the proposed transaction after 
the effective date of the exemption (30 days after the exemption was 
filed).\2\
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    \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.
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    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 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