80 FR 79993 - National Express LLC-Acquisition of Control-White Plains Bus Company, Inc.
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board Federal Register Volume 80, Issue 246 (December 23, 2015)
Surface Transportation Board
Federal Register Volume 80, Issue 246 (December 23, 2015)
| Page Range | 79993-79995 | |
| FR Document | 2015-32313 |
[Federal Register Volume 80, Number 246 (Wednesday, December 23, 2015)] [Notices] [Pages 79993-79995] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-32313] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. MCF 21065] National Express LLC--Acquisition of Control--White Plains Bus Company, Inc. AGENCY: Surface Transportation Board, DOT. ACTION: Notice Tentatively Approving and Authorizing Finance Transaction. ----------------------------------------------------------------------- SUMMARY: On November 23, 2015, National Express LLC (National Express or Applicant), a non-carrier, filed an application under 49 U.S.C. 14303 so that it can acquire common control of White Plains Bus Company, Inc. (White Plains). 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 February 8, 2016. Applicant may file a reply by February 22, 2016. If no comments are filed by February 8, 2016, this notice shall be effective on February 9, 2016. ADDRESSES: Send an original and 10 copies of any comments referring to Docket No. MCF 21065 to: Surface Transportation Board, 395 E Street SW., Washington, DC 20423-0001. In addition, send one copy of comments to Applicant's representative: Andrew K. Light, Scopelitis, Garvin, Light, Hanson & Feary, P.C., 10 W. Market Street, Suite 1500, Indianapolis, IN 46204. FOR FURTHER INFORMATION CONTACT: Nathaniel Bawcombe (202) 245-0376. Federal Information Relay Service (FIRS) for the hearing impaired: 1- 800-877-8339. SUPPLEMENTARY INFORMATION: Applicant, a non-carrier, states that it is a holding company organized under the laws of the state of Delaware. According to Applicant, it is indirectly controlled by a British corporation, National Express Group, PLC (Express Group). Applicant states that Express Group indirectly controls the following passenger motor carriers (National Express Affiliated Carriers): Beck Bus Transportation Corp. (Beck), Carrier Management Corporation (CMI), Durham School Services, L.P. (Durham), MV Student Transportation, Inc. (MV), National Express Transit Corporation (NETC), National Express Transit Services Corporation (NETSC), Petermann Ltd. (LTD), Petermann Northeast LLC (Northeast), Petermann Northwest LLC (Northwest), Petermann Southwest LLC (Southwest), Petermann STSA, LLC (STSA), Trans Express, Inc. (Trans Express), and Rainbow Management Service Inc. (Rainbow). Applicant alleges the following facts regarding a number of interstate and intrastate for-hire passenger motor carrier authorities collectively held by the National Express Affiliated Carriers:Beck is a passenger motor carrier primarily engaged in providing student school bus transportation services in the states of Illinois and Indiana under contracts with regional and local school jurisdictions. Beck also provides charter passenger services to the public. CMI is a passenger motor carrier doing business as Matthews Bus Company and is primarily engaged in providing student school bus transportation services in the state of Pennsylvania under contracts with regional and local school jurisdictions. CMI also provides intrastate charter passenger services to the public. Durham is a passenger motor carrier primarily engaged in providing student school bus transportation services in approximately 32 states under contracts [[Page 79994]] with regional and local school jurisdictions. Durham also provides charter passenger services to the public. MV is a passenger motor carrier primarily engaged in providing student school bus transportation services in the state of Missouri under contracts with regional and local school jurisdictions. MV also provides charter passenger services to the public. NETC is an intrastate passenger motor carrier incorporated under the laws of the state of Delaware. NETSC is a passenger motor carrier engaged primarily in providing intrastate transit services in the areas of Westmoreland, Pa.; Arlington, Va.; Greensboro, N.C.; Vallejo, Cal.; and Yuma, Ariz. LTD is a passenger motor carrier primarily engaged in providing student school bus transportation services in the state of Ohio under contracts with regional and local school jurisdictions. LTD also provides charter passenger services to the public. Northeast is a passenger motor carrier primarily engaged in providing student school bus transportation services, primarily in the states of Ohio and Pennsylvania under contracts with regional and local school jurisdictions. Northeast also provides charter passenger services to the public. Northwest's principal place of business is located in Oakland, Cal. Southwest is a passenger motor carrier primarily engaged in providing student school bus transportation services in the state of Texas under contracts with regional and local school jurisdictions. In addition to its core school bus services, Southwest also provides charter passenger services to the public. STSA is a passenger motor carrier primarily engaged in providing student school bus transportation services, primarily in the state of Kansas under contracts with regional and local school jurisdictions. STSA also provides charter passenger services to the public. Trans Express provides point-to-point intrastate passenger transportation services between the boroughs of Brooklyn and Manhattan in the state of New York pursuant to authority provided by the New York Department of Transportation. Rainbow provides interstate and intrastate charter and special party passenger transportation services in the areas of New York City and the state of New York. Applicant states that White Plains is a New York corporation that holds authority from the Federal Motor Carrier Safety Administration as a motor carrier of passengers (MC-160624). Applicant explains that the three shareholders of White Plains are Stephen Lennox, Terence Lennox, and John Silvanie.\1\ --------------------------------------------------------------------------- \1\ Stephen Lennox, Terence Lennox, and John Silvanie also commonly own Suburban Charter Service Inc., a New York corporation, which is not part of this transaction. --------------------------------------------------------------------------- Applicant states that White Plains operates primarily as a provider of non-regulated school bus transportation services, transporting children to and from school throughout the State of New York. White Plains also operates as a motor passenger carrier providing charter service to the public using its fleet of buses and vans. White Plains maintains a fleet of roughly 264 buses and transit vans and has approximately 154 drivers. Applicant explains that National Express would assume direct 100 percent control of White Plains through stock ownership. 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. Applicant submitted information, as required by 49 CFR 1182.2, including information to demonstrate that the proposed transaction is consistent with the public interest under 49 U.S.C. 14303(b), and a statement that the aggregate gross operating revenues of the National Express Affiliated Carriers and White Plains exceeded $2 million for the preceding 12-month period. See 49 U.S.C. 14303(g). Applicant submits that the proposed transaction would have no significant impact on the adequacy of transportation services to the public. According to Applicant, White Plains would continue to provide the services it currently provides using the same names for the foreseeable future. Applicant states that White Plains ``will continue to operate, but going forward, it will be operating within the National Express corporate family, an organization already thoroughly experienced in passenger transportation operations.'' (Appl. 10.) Applicant states that ``[t]he addition of [White Plains] to the National Express group is consistent with the practices within the passenger motor carrier industry of strong, well-managed transportation organizations adapting their corporate structure to operate several different passenger carriers within the same market niche but in different geographic areas.'' (Appl. 10.) Applicant asserts that White Plains is experienced in some of the same market segments already served by National Express and some of the National Express Affiliated Carriers. Applicant expects the transaction to result in operating efficiencies and cost savings derived from economies of scale, all of which would help to ensure the provision of adequate service to the public. Applicant also submits that, ``[b]ringing [White Plains] within the National Express family will serve to enhance the viability of the overall National Express organization'' and therefore the continued availability of adequate passenger transportation service for the public. (Appl. 11.) Applicant further claims that neither competition nor the public interest would be adversely affected. According to Applicant, White Plains is a relatively small carrier in the overall markets in which it competes: intrastate point-to-point passenger service, and interstate and intrastate charter and special party passenger service. Applicant states that school bus operators typically occupy a limited portion of the charter business because (i) the equipment offered is not as comfortable as that offered by motor coach operators; and (ii) scheduling demands imposed by the primary school bus operation impose major constraints on charter services that can be offered by school bus operators. Applicant argues that even as a provider of charter services, White Plains operates a small fleet that does not have market power. It explains that the charter operations of White Plains are geographically dispersed and there is little overlap in service areas and/or in customer bases between the National Express Affiliated Carriers and White Plains. Applicant asserts there are no fixed charges associated with the contemplated transaction or the proposed acquisition of control. Applicant also states that it does not anticipate a measurable reduction in force or changes in compensation and benefits, though some limited downsizing of back office or managerial level personnel could occur. The Board finds that the acquisition proposed in the application 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 [[Page 79995]] expiration of the comment period, this notice will take effect automatically and will be the final Board action. Board decisions and notices are available on our Web site at ``WWW.STB.DOT.GOV''. 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 vacated. 3. This notice will be effective February 9, 2016, unless opposing comments are filed by February 8, 2016. 4. A copy of this notice will be served on: (1) The U.S. Department of Transportation, Federal Motor Carrier 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: December 17, 2015. By the Board, Chairman Elliott, Vice Chairman Begeman, and Commissioner Miller. Tia Delano, Clearance Clerk. [FR Doc. 2015-32313 Filed 12-22-15; 8:45 am] BILLING CODE 4915-01-P
![Federal Register / Vol. 80, No. 246 / Wednesday, December 23, 2015 / Notices 79993
• A new frontal oblique test to may call the contacts listed in this reply by February 22, 2016. If no
address a crash type that continues to announcement and leave your comments are filed by February 8, 2016,
result in deaths and serious injuries telephone number and/or email address. this notice shall be effective on February
despite the use of seat belts, air bags, You will be contacted only if the public 9, 2016.
and the crashworthy structures of late- hearing is postponed or canceled. ADDRESSES: Send an original and 10
model vehicles; Public Hearing Procedures. Because copies of any comments referring to
• Use of the THOR 50th percentile the hearings will be located in Federal Docket No. MCF 21065 to: Surface
male anthropomorphic test device facilities, security screening will be Transportation Board, 395 E Street SW.,
(ATD) (i.e., crash test dummy) in the required. Attendees will need to show Washington, DC 20423–0001. In
frontal oblique and full frontal tests photo identification and be screened for addition, send one copy of comments to
because of its advanced instrumentation security purposes. Please plan your Applicant’s representative: Andrew K.
and more human-like (i.e., biofidelic) arrival so as to allow sufficient time to Light, Scopelitis, Garvin, Light, Hanson
response to the forces experienced in complete the screening. Please note that & Feary, P.C., 10 W. Market Street, Suite
these crashes; the Patrick McNamara Federal Building 1500, Indianapolis, IN 46204.
• Use of the WorldSID 50th percentile does not open until 8:00 a.m. FOR FURTHER INFORMATION CONTACT:
male ATD in both side pole and side NHTSA will conduct the hearings Nathaniel Bawcombe (202) 245–0376.
moveable deformable barrier tests informally. Thus, technical rules of Federal Information Relay Service
because of its advanced instrumentation evidence will not apply. Panel members (FIRS) for the hearing impaired: 1–800–
and enhanced biofidelic properties; may ask clarifying questions during the 877–8339.
• Pedestrian crashworthiness testing oral presentations, but will not respond
SUPPLEMENTARY INFORMATION: Applicant,
to measure the extent to which vehicles to the presentations at that time. You
are designed to minimize injuries and a non-carrier, states that it is a holding
may make arrangements to obtain copies
fatalities when they strike pedestrians; company organized under the laws of
of the transcripts directly with the court
• An update of the rollover static the state of Delaware. According to
reporter. Written statements and
stability factor risk curve using crash Applicant, it is indirectly controlled by
supporting information submitted
data from only newer electronic stability a British corporation, National Express
during the comment period on the RFC
control equipped vehicles; Group, PLC (Express Group). Applicant
notice will be considered with the same
• The addition of a crash avoidance states that Express Group indirectly
weight as oral comments and supporting
rating based on whether a vehicle offers controls the following passenger motor
information presented at the public
any of the multiple technologies that carriers (National Express Affiliated
hearings. The RFC notice provides that
will be added to NCAP and whether the Carriers): Beck Bus Transportation Corp.
written comments should be submitted
technologies meet NHTSA performance (Beck), Carrier Management Corporation
no later than February 16, 2016.
measures; (CMI), Durham School Services, L.P.
Æ These technologies would include Raymond R. Posten, (Durham), MV Student Transportation,
forward collision warning, lane Associate Administrator for Rulemaking. Inc. (MV), National Express Transit
departure warning, blind spot detection, [FR Doc. 2015–32184 Filed 12–22–15; 8:45 am] Corporation (NETC), National Express
lower beam headlighting technologies, BILLING CODE 4910–59–P
Transit Services Corporation (NETSC),
semi-automatic headlamp beam Petermann Ltd. (LTD), Petermann
switching, amber rear turn signal lamps, Northeast LLC (Northeast), Petermann
rear automatic braking and pedestrian DEPARTMENT OF TRANSPORTATION Northwest LLC (Northwest), Petermann
automatic emergency braking. (A Southwest LLC (Southwest), Petermann
decision concerning the addition of Surface Transportation Board STSA, LLC (STSA), Trans Express, Inc.
crash imminent braking and dynamic [Docket No. MCF 21065] (Trans Express), and Rainbow
brake support to the technologies Management Service Inc. (Rainbow).
recommended by NCAP is the subject of National Express LLC—Acquisition of Applicant alleges the following facts
a separate proceeding recently Control—White Plains Bus Company, regarding a number of interstate and
published.2) Inc. intrastate for-hire passenger motor
• A new approach to determining a carrier authorities collectively held by
vehicle’s overall 5-star rating that will, AGENCY: Surface Transportation Board, the National Express Affiliated Carriers:
for the first time, incorporate advanced DOT. • Beck is a passenger motor carrier
crash avoidance technology features, ACTION:Notice Tentatively Approving primarily engaged in providing student
along with ratings for crashworthiness and Authorizing Finance Transaction. school bus transportation services in the
and pedestrian protection. states of Illinois and Indiana under
SUMMARY: On November 23, 2015, contracts with regional and local school
You can learn more about the planned
National Express LLC (National Express jurisdictions. Beck also provides charter
upgrade by reviewing the RFC notice
or Applicant), a non-carrier, filed an passenger services to the public.
and the supplementary documents
located at http://www.safercar.gov/
application under 49 U.S.C. 14303 so • CMI is a passenger motor carrier
that it can acquire common control of doing business as Matthews Bus
5Stars or in the docket.
Should it be necessary for the agency White Plains Bus Company, Inc. (White Company and is primarily engaged in
to cancel either public hearing due to Plains). The Board is tentatively providing student school bus
inclement weather or any other approving and authorizing the transportation services in the state of
emergencies, a decision to cancel will transaction, and, if no opposing Pennsylvania under contracts with
comments are timely filed, this notice
tkelley on DSK3SPTVN1PROD with NOTICES
be made as soon as possible and regional and local school jurisdictions.
emailed to those individuals who have will be the final Board action. Persons CMI also provides intrastate charter
registered to provide oral comments. If wishing to oppose the application must passenger services to the public.
you do not have access to email, you follow the rules at 49 CFR 1182.5 and • Durham is a passenger motor carrier
1182.8. primarily engaged in providing student
2 See www.regulations.gov, Docket No. NHTSA– DATES: Comments must be filed by school bus transportation services in
2015–0006–0024. February 8, 2016. Applicant may file a approximately 32 states under contracts
VerDate Sep<11>2014 18:05 Dec 22, 2015 Jkt 238001 PO 00000 Frm 00177 Fmt 4703 Sfmt 4703 E:\FR\FM\23DEN1.SGM 23DEN1](https://thefederalregister.org/doc/80_FR_80239/page/1.svg)
![79994 Federal Register / Vol. 80, No. 246 / Wednesday, December 23, 2015 / Notices
with regional and local school White Plains are Stephen Lennox, Applicant asserts that White Plains is
jurisdictions. Durham also provides Terence Lennox, and John Silvanie.1 experienced in some of the same market
charter passenger services to the public. Applicant states that White Plains segments already served by National
• MV is a passenger motor carrier operates primarily as a provider of non- Express and some of the National
primarily engaged in providing student regulated school bus transportation Express Affiliated Carriers. Applicant
school bus transportation services in the services, transporting children to and expects the transaction to result in
state of Missouri under contracts with from school throughout the State of New operating efficiencies and cost savings
regional and local school jurisdictions. York. White Plains also operates as a derived from economies of scale, all of
MV also provides charter passenger motor passenger carrier providing which would help to ensure the
services to the public. charter service to the public using its provision of adequate service to the
• NETC is an intrastate passenger fleet of buses and vans. White Plains public.
motor carrier incorporated under the maintains a fleet of roughly 264 buses Applicant also submits that,
laws of the state of Delaware. and transit vans and has approximately ‘‘[b]ringing [White Plains] within the
• NETSC is a passenger motor carrier 154 drivers. National Express family will serve to
engaged primarily in providing Applicant explains that National enhance the viability of the overall
intrastate transit services in the areas of Express would assume direct 100 National Express organization’’ and
Westmoreland, Pa.; Arlington, Va.; percent control of White Plains through therefore the continued availability of
Greensboro, N.C.; Vallejo, Cal.; and stock ownership. adequate passenger transportation
Yuma, Ariz. Under 49 U.S.C. 14303(b), the Board service for the public. (Appl. 11.)
• LTD is a passenger motor carrier must approve and authorize a Applicant further claims that neither
primarily engaged in providing student transaction that it finds consistent with competition nor the public interest
school bus transportation services in the the public interest, taking into would be adversely affected. According
state of Ohio under contracts with consideration at least: (1) The effect of to Applicant, White Plains is a relatively
regional and local school jurisdictions. the proposed transaction on the small carrier in the overall markets in
LTD also provides charter passenger adequacy of transportation to the public; which it competes: intrastate point-to-
services to the public. (2) the total fixed charges that result; point passenger service, and interstate
• Northeast is a passenger motor and (3) the interest of affected carrier and intrastate charter and special party
carrier primarily engaged in providing employees. Applicant submitted passenger service. Applicant states that
student school bus transportation information, as required by 49 CFR school bus operators typically occupy a
services, primarily in the states of Ohio 1182.2, including information to limited portion of the charter business
and Pennsylvania under contracts with demonstrate that the proposed because (i) the equipment offered is not
regional and local school jurisdictions. transaction is consistent with the public as comfortable as that offered by motor
Northeast also provides charter interest under 49 U.S.C. 14303(b), and a coach operators; and (ii) scheduling
passenger services to the public. statement that the aggregate gross demands imposed by the primary
• Northwest’s principal place of operating revenues of the National school bus operation impose major
business is located in Oakland, Cal. Express Affiliated Carriers and White constraints on charter services that can
• Southwest is a passenger motor be offered by school bus operators.
Plains exceeded $2 million for the
carrier primarily engaged in providing Applicant argues that even as a provider
preceding 12-month period. See 49
student school bus transportation of charter services, White Plains
U.S.C. 14303(g).
services in the state of Texas under Applicant submits that the proposed operates a small fleet that does not have
contracts with regional and local school transaction would have no significant market power. It explains that the
jurisdictions. In addition to its core impact on the adequacy of charter operations of White Plains are
school bus services, Southwest also transportation services to the public. geographically dispersed and there is
provides charter passenger services to little overlap in service areas and/or in
According to Applicant, White Plains
the public. customer bases between the National
would continue to provide the services
• STSA is a passenger motor carrier Express Affiliated Carriers and White
it currently provides using the same
primarily engaged in providing student Plains.
names for the foreseeable future. Applicant asserts there are no fixed
school bus transportation services,
Applicant states that White Plains ‘‘will charges associated with the
primarily in the state of Kansas under
continue to operate, but going forward, contemplated transaction or the
contracts with regional and local school
it will be operating within the National proposed acquisition of control.
jurisdictions. STSA also provides
Express corporate family, an Applicant also states that it does not
charter passenger services to the public.
• Trans Express provides point-to- organization already thoroughly anticipate a measurable reduction in
point intrastate passenger transportation experienced in passenger transportation force or changes in compensation and
services between the boroughs of operations.’’ (Appl. 10.) benefits, though some limited
Brooklyn and Manhattan in the state of Applicant states that ‘‘[t]he addition downsizing of back office or managerial
New York pursuant to authority of [White Plains] to the National Express level personnel could occur.
provided by the New York Department group is consistent with the practices The Board finds that the acquisition
of Transportation. Rainbow provides within the passenger motor carrier proposed in the application is
interstate and intrastate charter and industry of strong, well-managed consistent with the public interest and
special party passenger transportation transportation organizations adapting should be tentatively approved and
services in the areas of New York City their corporate structure to operate authorized. If any opposing comments
several different passenger carriers
tkelley on DSK3SPTVN1PROD with NOTICES
and the state of New York. are timely filed, these findings will be
Applicant states that White Plains is within the same market niche but in deemed vacated, and, unless a final
a New York corporation that holds different geographic areas.’’ (Appl. 10.) decision can be made on the record as
authority from the Federal Motor Carrier 1 Stephen Lennox, Terence Lennox, and John
developed, a procedural schedule will
Safety Administration as a motor carrier Silvanie also commonly own Suburban Charter
be adopted to reconsider the
of passengers (MC–160624). Applicant Service Inc., a New York corporation, which is not application. See 49 CFR 1182.6(c). If no
explains that the three shareholders of part of this transaction. opposing comments are filed by the
VerDate Sep<11>2014 18:05 Dec 22, 2015 Jkt 238001 PO 00000 Frm 00178 Fmt 4703 Sfmt 4703 E:\FR\FM\23DEN1.SGM 23DEN1](https://thefederalregister.org/doc/80_FR_80239/page/2.svg)
![Federal Register / Vol. 80, No. 246 / Wednesday, December 23, 2015 / Notices 79995
expiration of the comment period, this Public Assistance, Governmental to 49 CFR part 543, Exemption from
notice will take effect automatically and Affairs, and Compliance at (202) 245– Vehicle Theft Prevention Standard,
will be the final Board action. 0238. Assistance for the hearing based on the installation of an antitheft
Board decisions and notices are impaired is available through FIRS at device as standard equipment for the
available on our Web site at (800) 877–8339. entire vehicle line.
‘‘WWW.STB.DOT.GOV’’. This action will not significantly Under 49 CFR part 543.5(a), a
It is ordered: affect either the quality of the human manufacturer may petition NHTSA to
1. The proposed transaction is environment or energy conservation. grant an exemption for one vehicle line
approved and authorized, subject to the By the Board, Chairman Elliott, Vice
per model year. In its petition, Maserati
filing of opposing comments. Chairman Begeman, and Commissioner provided a detailed description and
2. If opposing comments are timely Miller. diagram of the identity, design, and
filed, the findings made in this notice Decided: December 17, 2015. location of the components of the
will be deemed vacated. antitheft device for the Levante vehicle
Brendetta S. Jones,
3. This notice will be effective line. Maserati stated that beginning with
Clearance Clerk.
February 9, 2016, unless opposing the 2017 model year, its Levante
comments are filed by February 8, 2016. [FR Doc. 2015–32307 Filed 12–22–15; 8:45 am] vehicles will be equipped with a
4. A copy of this notice will be served BILLING CODE 4915–01–P passive, antitheft device as standard
on: (1) The U.S. Department of equipment. Specifically, the device will
Transportation, Federal Motor Carrier consist of a vehicle alarm system (VTA),
Safety Administration, 1200 New Jersey DEPARTMENT OF TRANSPORTATION a remote keyless entry (RKE) system and
Avenue SE., Washington, DC 20590; (2) a sentry key immobilizer system (SKIS).
National Highway Traffic Safety
the U.S. Department of Justice, Antitrust Key components of Maserati’s antitheft
Administration
Division, 10th Street & Pennsylvania device are a siren and/or horn, hood ajar
Avenue NW., Washington, DC 20530; Petition for Exemption From the switch, security indicator, RFHub/
and (3) the U.S. Department of Federal Motor Vehicle Theft Prevention Keyless Ignition Node (KIN) and Key fob
Transportation, Office of the General Standard; Maserati North America, Inc. (FOBIK), Intrusion and Inclination
Counsel, 1200 New Jersey Avenue SE., Sensor, Door Ajar Switches, Intrusion
Washington, DC 20590. AGENCY: National Highway Traffic Module, Central Body Controller, RKE
Safety Administration (NHTSA), and the SKIS. Maserati also informed
Decided: December 17, 2015.
Department of Transportation (DOT). the agency that an audible and visual
By the Board, Chairman Elliott, Vice
ACTION: Grant of petition for exemption. vehicle alarm system (VTA) has been
Chairman Begeman, and Commissioner
Miller. incorporated into the device to provide
SUMMARY: This document grants in full perimeter protection that will monitor
Tia Delano, the Maserati North America, Inc.’s, the vehicle’s doors, tailgate, ignition
Clearance Clerk. (Maserati) petition for an exemption of switch, interior vehicle intrusion and
[FR Doc. 2015–32313 Filed 12–22–15; 8:45 am] the Levante sports utility vehicle (SUV) inclination sensors against unauthorized
BILLING CODE 4915–01–P line in accordance with 49 CFR part use or tampering. Maserati further stated
543, Exemption from Vehicle Theft that if unauthorized use or tampering
Prevention Standard. This petition is with any of these protected areas is
DEPARTMENT OF TRANSPORTATION granted because the agency has detected, the vehicle’s horn/siren will
determined that the antitheft device to sound and the exterior lamps will flash.
Surface Transportation Board be placed on the line as standard Maserati further stated that activation
[Docket No. EP 290 (Sub-No. 5) (2016–1)] equipment is likely to be as effective in of its immobilizer device is
reducing and deterring motor vehicle automatically achieved when the
Quarterly Rail Cost Adjustment Factor theft as compliance with the parts- ignition is turned from the ‘‘run’’
AGENCY: Surface Transportation Board. marking requirements of the 49 CFR position to the ‘‘off’’ position. Once
part 541, Federal Motor Vehicle Theft activated, only the use of a valid key can
ACTION: Approval of rail cost adjustment disable immobilization and allow the
Prevention Standard (Theft Prevention
factor. vehicle to run. Maserati stated that the
Standard).
SUMMARY: The Board has approved the device is deactivated by performing an
DATES: The exemption granted by this
first quarter 2016 Rail Cost Adjustment unlock actuation via the RKE
notice is effective beginning with the
Factor (RCAF) and cost index filed by transmitter or by starting the vehicle
2017 model year (MY).
the Association of American Railroads. with a valid RFHub key. Specifically,
FOR FURTHER INFORMATION CONTACT: Ms. Maserati stated that to start the vehicle,
The first quarter 2016 RCAF Deborah Mazyck, Office of International
(Unadjusted) is 0.864. The first quarter the driver must press and hold the brake
Policy, Fuel Economy and Consumer pedal while pressing the START/STOP
2016 RCAF (Adjusted) is 0.368. The first Programs, NHTSA, W43–443, 1200 New
quarter 2016 RCAF–5 is 0.347. button. The system takes over and
Jersey Avenue SE., Washington, DC engages the starter causing the starter
DATES: Effective Date: January 1, 2016. 20590. Ms. Mazyck’s phone number is motor to run and automatically
FOR FURTHER INFORMATION CONTACT: (202) 366–4139. Her fax number is (202) disengage while the engine is running.
Pedro Ramirez, (202) 245–0333. Federal 493–2990. Maserati also stated that the RFHub
Information Relay Service (FIRS) for the SUPPLEMENTARY INFORMATION: In a contains and controls the SKIS
hearing impaired: (800) 877–8339.
tkelley on DSK3SPTVN1PROD with NOTICES
petition dated October 23, 2015, preventing the engine from running
SUPPLEMENTARY INFORMATION: Maserati requested an exemption from more than 2 seconds unless a valid
Additional information is contained in the parts-marking requirements of the FOBIK key is used to start the engine.
the Board’s decision, which is available Theft Prevention Standard for the Maserati stated that the vehicle’s key fob
on our Web site, http://www.stb.dot.gov. Levante vehicle line beginning with MY with RKE transmitter, RFHub and the
Copies of the decision may be 2017. The petition requested an KIN contains over 50,000 possible
purchased by contacting the Office of exemption from parts-marking pursuant electronic key combinations and allows
VerDate Sep<11>2014 18:05 Dec 22, 2015 Jkt 238001 PO 00000 Frm 00179 Fmt 4703 Sfmt 4703 E:\FR\FM\23DEN1.SGM 23DEN1](https://thefederalregister.org/doc/80_FR_80239/page/3.svg)
Document Created: 2018-03-02 09:20:38
Document Modified: 2018-03-02 09:20:38
| 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 February 8, 2016. Applicant may file a reply by February 22, 2016. If no comments are filed by February 8, 2016, this notice shall be effective on February 9, 2016. | |
| Contact | Nathaniel Bawcombe (202) 245-0376. Federal Information Relay Service (FIRS) for the hearing impaired: 1- 800-877-8339. | |
| FR Citation | 80 FR 79993 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR