80 FR 12056 - Academy Bus LLC-Acquisition of the Properties of Evergreen Trails Inc. d/b/a Horizon Coach Lines
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board Federal Register Volume 80, Issue 43 (March 5, 2015)
Surface Transportation Board
Federal Register Volume 80, Issue 43 (March 5, 2015)
| Page Range | 12056-12057 | |
| FR Document | 2015-05080 |
[Federal Register Volume 80, Number 43 (Thursday, March 5, 2015)] [Notices] [Pages 12056-12057] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-05080] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. MCF 21060] Academy Bus LLC--Acquisition of the Properties of Evergreen Trails Inc. d/b/a Horizon Coach Lines AGENCY: Surface Transportation Board, DOT. ACTION: Notice tentatively approving and authorizing finance transaction. ----------------------------------------------------------------------- SUMMARY: Academy Bus LLC, a motor carrier of passengers (Academy), has filed an application under 49 U.S.C. 14303 to acquire property of Evergreen Trails Inc. d/b/a Horizon Coach Lines (Evergreen), a motor carrier of passengers. The Board is tentatively approving and authorizing the transaction, and, if no opposing comments are timely filed, this notice will be the final Board action. Persons wishing to oppose the application must follow the rules at 49 CFR 1182.5 and 1182.8. DATES: Comments must be filed by April 20, 2015. Applicant may file a reply by May 4, 2015. If no comments are filed by April 20, 2015, this notice shall be effective on April 21, 2015. ADDRESSES: Send an original and 10 copies of any comments referring to Docket No. MCF 21060 to: Surface Transportation Board, 395 E Street SW., Washington, DC 20423-0001. In addition, send one copy of comments to Academy's representative: Fritz R. Kahn, Fritz R. Kahn, P.C., 1919 M Street NW., 7th Floor, Washington, DC 20036. FOR FURTHER INFORMATION CONTACT: Amy Ziehm, (202) 245-0391. Federal Information Relay Service (FIRS) for the hearing impaired: 1-800-877- 8339. SUPPLEMENTARY INFORMATION: Academy is a motor carrier licensed by the Federal Motor Carrier Safety Administration (FMCSA) (MC-646780) and primarily provides charter bus operations in Florida. Academy is owned by Academy Bus (Florida) ESB Trust, which is controlled by Francis Tedesco, sole trustee. The Tedesco Family ESB Trust, a separate trust of which Francis Tedesco and Mark Tedesco are beneficiaries, directly controls the following noncarriers: Academy Bus, L.L.C. (ABL) \1\; Franmar Logistics, Inc.; Franmar Equities, Inc.; and Log Re, Inc. ABL owns the following carriers: Academy Express, L.L.C., Academy Lines, L.L.C., and Number 22 Hillside, L.L.C. Evergreen, a motor carrier licensed by FMCSA (MC-107638), provides charter operations in North Carolina and other locations. Evergreen is owned by TMS West Coast, Inc., a noncarrier holding company, which is in turn owned by FSCS Corporation, another noncarrier holding company. Francis W. Sherman is the controlling shareholder of FSCS Corporation, which also owns noncarriers TMS Canada Holdings, Ltd. and Horizon Coach Lines NC, Inc. --------------------------------------------------------------------------- \1\ Please note that while applicant Academy Bus LLC is a Florida motor carrier, Academy Bus, L.L.C. -ABL- is a New Jersey noncarrier holding company. --------------------------------------------------------------------------- Under the proposed transaction, Academy seeks to acquire the sublease to Evergreen's Durham, N.C. terminal, certain charter contracts, all furniture, fixtures, equipment, computers, machinery apparatus, appliances, signage, supplies, parts inventory, forklifts, shop tools, office equipment, desks, telephones, telex and telephone facsimile numbers and other directory listings, goodwill and other intangible assets, advertising, marketing and promotional materials, studies, reports, and all other printed or written materials used in and relating solely and exclusively to Evergreen's business operations from its Durham terminal.\2\ Academy states that this acquisition would allow it to expand its charter operations to serve the southeastern area of the United States. Academy further states that if the transaction is approved, it would continue to serve potential charter parties in the vicinity of the Durham terminal. --------------------------------------------------------------------------- \2\ The application states that 30 vehicles that had been operated from the Durham terminal by Evergreen are being sold to Franmar Leasing, Inc., a noncarrier engaged in the business of leasing buses. --------------------------------------------------------------------------- Under 49 U.S.C. 14303(b), the Board must approve and authorize a transaction that it finds consistent with the public interest, taking into consideration at least: (1) The effect of the proposed transaction on the adequacy of transportation to the public; (2) the total fixed charges that result; and (3) the interest of affected carrier employees. Academy has submitted information, as required by 49 CFR 1182.2, including the information to demonstrate that the proposed transaction is consistent with the public interest under 49 U.S.C. 14303(b), and a statement that Academy and its motor carrier affiliated companies and Francis W. Sherman and his motor carrier affiliated companies have aggregate gross annual operating revenues in excess of $2 million.\3\ --------------------------------------------------------------------------- \3\ The showing of $2 million gross operating revenue is required under 49 U.S.C. 14303(g) for the Board to have jurisdiction over the transaction. --------------------------------------------------------------------------- Applicant asserts that the proposed transaction is in the public interest because the acquisition would allow continued operations from the Durham terminal by an ``experienced and successful motorbus operator.'' \4\ Academy states that the proposed transaction would not diminish competition, as Evergreen would continue to operate from other locations in North Carolina. Academy further states that the proposed transaction would not result in an increase to total fixed charges. Finally, Academy states that the transaction would have no adverse effect upon the Durham terminal's employees, as these employees would have the opportunity to gain employment with Academy. --------------------------------------------------------------------------- \4\ Application 5. --------------------------------------------------------------------------- On the basis of the application, the Board finds that the proposed transaction is consistent with the public interest and should be tentatively approved and authorized. If any opposing comments are timely filed, these findings will be deemed vacated, and, unless a final decision can be made on the record as developed, a procedural schedule will be adopted to reconsider the application. See 49 CFR 1182.6(c). If no opposing comments are filed by the expiration of the comment period, this notice will take effect automatically and will be the final Board action. The party's application and Board decisions and notices are available on our Web site at www.stb.dot.gov. This decision will not significantly affect either the quality of the human environment or the conservation of energy resources. It is ordered: 1. The proposed transaction is approved and authorized, subject to the filing of opposing comments. 2. If opposing comments are timely filed, the findings made in this notice will be deemed as having been vacated. 3. This notice will be effective April 21, 2015, unless opposing comments are timely filed. 4. A copy of this decision will be served on: (1) U.S. Department of Transportation, Federal Motor Carrier [[Page 12057]] Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590; (2) the U.S. Department of Justice, Antitrust Division, 10th Street & Pennsylvania Avenue NW., Washington, DC 20530; and (3) the U.S. Department of Transportation, Office of the General Counsel, 1200 New Jersey Avenue SE., Washington, DC 20590. Decided: March 2, 2015. By the Board, Acting Chairman Miller and Vice Chairman Begeman. Brendetta S. Jones, Clearance Clerk. [FR Doc. 2015-05080 Filed 3-4-15; 8:45 am] BILLING CODE 4915-01-P
![12056 Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / Notices
consider matters properly before the Tedesco, sole trustee. The Tedesco demonstrate that the proposed
Board. Family ESB Trust, a separate trust of transaction is consistent with the public
FOR FURTHER INFORMATION CONTACT: Mr. which Francis Tedesco and Mark interest under 49 U.S.C. 14303(b), and a
Avelino Gutierrez, Chair, Unified Tedesco are beneficiaries, directly statement that Academy and its motor
Carrier Registration Board of Directors at controls the following noncarriers: carrier affiliated companies and Francis
(505) 827–4565. Academy Bus, L.L.C. (ABL) 1; Franmar W. Sherman and his motor carrier
Logistics, Inc.; Franmar Equities, Inc.; affiliated companies have aggregate
Dated: March 2, 2015. and Log Re, Inc. ABL owns the gross annual operating revenues in
Larry W. Minor, following carriers: Academy Express, excess of $2 million.3
Associate Administrator for Policy. L.L.C., Academy Lines, L.L.C., and Applicant asserts that the proposed
[FR Doc. 2015–05199 Filed 3–3–15; 4:15 pm] Number 22 Hillside, L.L.C. Evergreen, a transaction is in the public interest
BILLING CODE 4910–EX–P motor carrier licensed by FMCSA (MC– because the acquisition would allow
107638), provides charter operations in continued operations from the Durham
North Carolina and other locations. terminal by an ‘‘experienced and
DEPARTMENT OF TRANSPORTATION Evergreen is owned by TMS West Coast, successful motorbus operator.’’ 4
Inc., a noncarrier holding company, Academy states that the proposed
Surface Transportation Board which is in turn owned by FSCS transaction would not diminish
[Docket No. MCF 21060] Corporation, another noncarrier holding competition, as Evergreen would
company. Francis W. Sherman is the continue to operate from other locations
Academy Bus LLC—Acquisition of the controlling shareholder of FSCS in North Carolina. Academy further
Properties of Evergreen Trails Inc. d/b/ Corporation, which also owns states that the proposed transaction
a Horizon Coach Lines noncarriers TMS Canada Holdings, Ltd. would not result in an increase to total
and Horizon Coach Lines NC, Inc. fixed charges. Finally, Academy states
AGENCY: Surface Transportation Board, Under the proposed transaction, that the transaction would have no
DOT. Academy seeks to acquire the sublease adverse effect upon the Durham
ACTION:Notice tentatively approving to Evergreen’s Durham, N.C. terminal, terminal’s employees, as these
and authorizing finance transaction. certain charter contracts, all furniture, employees would have the opportunity
fixtures, equipment, computers, to gain employment with Academy.
SUMMARY: Academy Bus LLC, a motor machinery apparatus, appliances, On the basis of the application, the
carrier of passengers (Academy), has signage, supplies, parts inventory, Board finds that the proposed
filed an application under 49 U.S.C. forklifts, shop tools, office equipment, transaction is consistent with the public
14303 to acquire property of Evergreen desks, telephones, telex and telephone interest and should be tentatively
Trails Inc. d/b/a Horizon Coach Lines facsimile numbers and other directory approved and authorized. If any
(Evergreen), a motor carrier of listings, goodwill and other intangible opposing comments are timely filed,
passengers. The Board is tentatively assets, advertising, marketing and these findings will be deemed vacated,
approving and authorizing the promotional materials, studies, reports, and, unless a final decision can be made
transaction, and, if no opposing and all other printed or written on the record as developed, a
comments are timely filed, this notice materials used in and relating solely and procedural schedule will be adopted to
will be the final Board action. Persons exclusively to Evergreen’s business reconsider the application. See 49 CFR
wishing to oppose the application must operations from its Durham terminal.2 1182.6(c). If no opposing comments are
follow the rules at 49 CFR 1182.5 and Academy states that this acquisition filed by the expiration of the comment
1182.8. would allow it to expand its charter period, this notice will take effect
DATES: Comments must be filed by April operations to serve the southeastern area automatically and will be the final
20, 2015. Applicant may file a reply by of the United States. Academy further Board action.
May 4, 2015. If no comments are filed states that if the transaction is approved, The party’s application and Board
by April 20, 2015, this notice shall be it would continue to serve potential decisions and notices are available on
effective on April 21, 2015. charter parties in the vicinity of the our Web site at www.stb.dot.gov.
ADDRESSES: Send an original and 10 Durham terminal. This decision will not significantly
copies of any comments referring to Under 49 U.S.C. 14303(b), the Board affect either the quality of the human
Docket No. MCF 21060 to: Surface must approve and authorize a environment or the conservation of
Transportation Board, 395 E Street SW., transaction that it finds consistent with energy resources.
Washington, DC 20423–0001. In the public interest, taking into It is ordered:
addition, send one copy of comments to consideration at least: (1) The effect of 1. The proposed transaction is
Academy’s representative: Fritz R. the proposed transaction on the approved and authorized, subject to the
Kahn, Fritz R. Kahn, P.C., 1919 M Street adequacy of transportation to the public; filing of opposing comments.
NW., 7th Floor, Washington, DC 20036. (2) the total fixed charges that result; 2. If opposing comments are timely
FOR FURTHER INFORMATION CONTACT: and (3) the interest of affected carrier filed, the findings made in this notice
Amy Ziehm, (202) 245–0391. Federal employees. Academy has submitted will be deemed as having been vacated.
Information Relay Service (FIRS) for the information, as required by 49 CFR 3. This notice will be effective April
hearing impaired: 1–800–877–8339. 1182.2, including the information to 21, 2015, unless opposing comments are
timely filed.
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SUPPLEMENTARY INFORMATION: Academy 1 Please note that while applicant Academy Bus
4. A copy of this decision will be
is a motor carrier licensed by the LLC is a Florida motor carrier, Academy Bus, L.L.C. served on: (1) U.S. Department of
Federal Motor Carrier Safety –ABL– is a New Jersey noncarrier holding
Transportation, Federal Motor Carrier
Administration (FMCSA) (MC–646780) company.
2 The application states that 30 vehicles that had
and primarily provides charter bus 3 The showing of $2 million gross operating
been operated from the Durham terminal by
operations in Florida. Academy is Evergreen are being sold to Franmar Leasing, Inc., revenue is required under 49 U.S.C. 14303(g) for the
owned by Academy Bus (Florida) ESB a noncarrier engaged in the business of leasing Board to have jurisdiction over the transaction.
Trust, which is controlled by Francis buses. 4 Application 5.
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![Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / Notices 12057
Safety Administration, 1200 New Jersey Document, Minimum Operational Æ Special Committees—Chairmen’s
Avenue SE., Washington, DC 20590; (2) Performance Standards for Flight Reports and Active Inter-Special
the U.S. Department of Justice, Antitrust Information Services—Broadcast Committee Requirements
Division, 10th Street & Pennsylvania (FIS–B) with the Universal Access Agreements (ISRA)—Review
Avenue NW., Washington, DC 20530; Transceiver (UAT), Test Æ European/EUROCAE
and (3) the U.S. Department of Procedures/Electronic File only, Coordination—Status Update
Transportation, Office of the General prepared by SC–206 Æ RTCA Award Nominations—
Counsel, 1200 New Jersey Avenue SE., Æ Final Draft, New Document, Consideration/Approval of
Washington, DC 20590. Enhanced Flight Vision Systems Nominations
and Synthetic Vision Systems, • OTHER BUSINESS
Decided: March 2, 2015. • SCHEDULE for COMMITTEE
By the Board, Acting Chairman Miller and
prepared by SC–213
Æ Final Draft, Change 4 to DO–210D, DELIVERABLES and NEXT
Vice Chairman Begeman. MEETING DATE
Minimum Operational Performance
Brendetta S. Jones, Attendance is open to the interested
Standards for Geosynchronous
Clearance Clerk. public but limited to space availability.
Orbit Aeronautical Mobile Satellite
[FR Doc. 2015–05080 Filed 3–4–15; 8:45 am] Services (AMSS) Avionics, prepared With the approval of the chairman,
BILLING CODE 4915–01–P by SC–222 members of the public may present oral
• INTEGRATION and COORDINATION statements at the meeting. Persons
COMMITTEE (ICC) wishing to present statements or obtain
DEPARTMENT OF TRANSPORTATION • ACTION ITEM REVIEW information should contact the person
Æ PMC Ad Hoc—Standards Overlap listed in the FOR FURTHER INFORMATION
Federal Aviation Administration
and Alignment—Discussion— CONTACT section. Members of the public
Meeting; RTCA Program Management Workshop Status. may present a written statement to the
Committee Æ RTCA Policy on Propriety committee at any time.
Information—Discussion—Update Issued in Washington, DC, on February 25,
AGENCY: Federal Aviation • DISCUSSION 2015.
Administration (FAA), U.S. Department Æ SC–147—Traffic Alert and Mohannad Dawoud,
of Transportation (DOT). Collision Avoidance System—Co- Management Analyst, NextGen, Program
ACTION: Notice of RTCA Program Chair Nomination—Review/ Oversight and Administration, Federal
Management Committee meeting. Approve Aviation Administration.
Æ SC–214—Standards for Air Traffic [FR Doc. 2015–05108 Filed 3–4–15; 8:45 am]
SUMMARY: The FAA is issuing this notice Data ommunication Services—
BILLING CODE 4910–13–P
to advise the public of a meeting of Discussion—Revised Terms of
RTCA Program Management Committee. Reference (TOR)
DATES: The meeting will be held March Æ SC–216—Aeronautical Systems DEPARTMENT OF TRANSPORTATION
24th 2015 from 8:30 a.m.–3:30 p.m. Security—Discussion—Revised
ADDRESSES: The meeting will be held at TOR National Highway Traffic Safety
RTCA, Inc., 1150 18th Street, NW., Suite Æ SC–224—Airport Security Access Administration
910, Washington, DC, 20036. Control Systems—Discussion—
[Docket No. NHTSA–2013–0019]
Revised TOR—Development of
FOR FURTHER INFORMATION CONTACT: The
Operational Guidelines Greenkraft Inc.; Grant of Application
RTCA Secretariat, 1150 18th Street NW., Æ SC–225—Rechargeable Lithium
Suite 910, Washington, DC 20036, or by for a Temporary Exemption From
Batteries and Battery Systems— FMVSS No. 108
telephone at (202) 833–9339, fax at (202) Status—Revised TOR—Discussion
833–9434, or Web site at http:// Æ SC–227—Standards of Navigation AGENCY: National Highway Traffic
www.rtca.org. Performance—Discussion—Revised Safety Administration (NHTSA),
SUPPLEMENTARY INFORMATION: Pursuant TOR Department of Transportation (DOT).
to section 10(a)(2) of the Federal Æ SC–229—406 MHz Emergency ACTION: Notice of grant of petition for a
Advisory Committee Act (Pub. L. 92– Locator Transmitters (ELTs)—In temporary exemption from paragraph
463, 5 U.S.C., App.), notice is hereby Reference To TOR Discussion— S10 of Federal Motor Vehicle Safety
given for a Program Management Aircraft Tracking and In-Flight Standard (FMVSS) No. 108, Lamps,
Committee meeting. The agenda will Triggering Reflective Devices, and Associated
include the following: Æ SC–230—Airborne Weather Equipment.
Detection—Discussion—Revised
March 24th TOR SUMMARY: This notice grants the petition
• WELCOME AND INTRODUCTIONS Æ SC–234—Portable Electronic of Greenkraft, Inc. (Greenkraft) for a
• REVIEW/APPROVE Meeting Devices—Discussion—Status temporary exemption from the
Summary Update headlamp requirements of FMVSS No.
Æ December 16, 2014, RTCA Paper Æ Wake Vortex Tiger Team— 108 for the company’s 1061 and 1083
No. 030–14/PMC–1296 Discussion—White Paper—Progress model trucks for headlamps complying
• PUBLICATION CONSIDERATION/ Status with European regulatory requirements.
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APPROVAL Æ Design Assurance Guidance for The exemption is limited to 120
Æ Final Draft, New Document, Airborne Electronic Hardware— vehicles. The agency has considered
Minimum Operational Performance Status—Possible New Special Greenkraft’s petition for exemption and
Standards for Flight Information Committee to Update RTCA DO– has determined that the exemption
Services—Broadcast (FIS–B) with 254 would facilitate the development or
the Universal Access Transceiver Æ NAC—Status Update field evaluation of a low-emission motor
(UAT), prepared by SC–206 Æ FAA Actions Taken on Previously vehicle and would not unreasonably
Æ Final Draft, Supplement to New Published Documents—Report reduce the safety level of that vehicle if
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Document Created: 2015-12-18 12:08:50
Document Modified: 2015-12-18 12:08:50
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice tentatively approving and authorizing finance transaction. | |
| Dates | Comments must be filed by April 20, 2015. Applicant may file a reply by May 4, 2015. If no comments are filed by April 20, 2015, this notice shall be effective on April 21, 2015. | |
| Contact | Amy Ziehm, (202) 245-0391. Federal Information Relay Service (FIRS) for the hearing impaired: 1-800-877- 8339. | |
| FR Citation | 80 FR 12056 |
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