81 FR 29317 - Rose Chauffeured Transportation, LTD-Acquisition of Control-My Bus Division of Cherry Consulting of the Carolinas, Inc.
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board Federal Register Volume 81, Issue 91 (May 11, 2016)
Surface Transportation Board
Federal Register Volume 81, Issue 91 (May 11, 2016)
| Page Range | 29317-29318 | |
| FR Document | 2016-11131 |
[Federal Register Volume 81, Number 91 (Wednesday, May 11, 2016)] [Notices] [Pages 29317-29318] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-11131] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. MCF 21066] Rose Chauffeured Transportation, LTD--Acquisition of Control--My Bus Division of Cherry Consulting of the Carolinas, Inc. AGENCY: Surface Transportation Board. ACTION: Notice tentatively approving and authorizing finance transaction. ----------------------------------------------------------------------- SUMMARY: On April 11, 2016, Rose Chauffeured Transportation, Ltd. (Rose), a noncarrier, filed an application under 49 U.S.C. 14303 so that it can obtain approval for its acquisition of common control of the MY Bus division of Cherry Consulting of the Carolinas, Inc. (Cherry) pursuant to a July 21, 2015, Asset Purchase Agreement (APA) between the parties. 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 June 27, 2016. Rose may file a reply by July 11, 2016. If no comments are filed by June 27, 2016, this notice shall be effective on June 28, 2016. ADDRESSES: Send an original and 10 copies of any comments referring to Docket No. MCF 21066 to: Surface Transportation Board, 395 E Street SW., Washington, DC 20423-0001. In addition, send one copy of comments to Rose's representative: Robert Norris, Shumaker, Loop & Kendrick, LLP, 101 S. Treyon Street, Suite 2200, Charlotte, NC 28280. FOR FURTHER INFORMATION CONTACT: Jonathon Binet (202) 245-0368. Federal Information Relay Service (FIRS) for the hearing impaired: 1-800-877- 8339. SUPPLEMENTARY INFORMATION: Rose, a North Carolina corporation, holds authority from the Federal Motor Carrier Safety Administration (FMCSA) as a motor carrier providing chauffeur and charter bus transportation services to the public in the states of North Carolina and South Carolina (MC-323248). Rose states that it is privately held and owned and managed by its president, H.A. Thompson, a resident of North Carolina. According to Rose, it created Rose Charters, LLC (RC), a non- carrier holding company, for the purpose of consummating the transaction between Rose and Cherry. Rose states that RC, which is managed by H.A. Thompson, does not have any operating assets or interstate motor carrier authority. Rose further states that Cherry, a North Carolina corporation, provides consultation services related to interstate and intrastate transportation. According to Rose, Cherry's MY Bus division owned two buses that it used to provide passenger services to churches in and around Charlotte, N.C. Rose states that the MY Bus division also possessed a Department of Defense (DOD) identification code, which allowed it to bid on DOD contracts. Cherry also holds authority from the FMCSA as a motor carrier (MC-364041). Rose states that, since entering into the APA, Cherry has ceased its activities as a motor carrier and, thus, does not compete with Rose. Rose seeks Board authority for its acquisition of certain of Cherry's assets pursuant to the APA, which, as noted, was dated July 21, 2015.\1\ Specifically, Rose states that it acquired: (1) Two buses; (2) DOT registration number 822939; (3) FMCSA license MD-364041; (4) DOD identification code MYAJ; (5) the ``MY Bus'' name and all other common law intellectual property rights related to MY Bus; (6) the email address ``[email protected]''; and (7) the Web site addresses, domains, telephone numbers, and fax numbers related to MY Bus. --------------------------------------------------------------------------- \1\ Rose states that, at the time they entered into the APA, none of the parties were aware of the Board's jurisdiction over the transaction. Rose now seeks retroactive, or nunc pro tunc, approval of the transaction. The Board will tentatively approve and authorize the transaction, but only as of the date of service of this decision, and not retroactively. Absent any comments, this notice shall be effective on June 28, 2016. --------------------------------------------------------------------------- Rose states that the purchase of assets only does not necessarily trigger Board jurisdiction, but it argues that the Board has jurisdiction here given that there is significant preservation of the identity of Cherry's MY Bus division. We agree. See Cowan Transp., Inc.--Purchase Exemption--Bowman Int'l Domestic Transp., Inc., Docket No. MCF 20144 et al. (ICC served Dec. 30, 1993) (agency authority exists where there is preservation of the corporate identity of the selling carrier coupled with the agreement that the selling carrier will cease competitive operations).\2\ --------------------------------------------------------------------------- \2\ We also note that, according to Rose, Cherry ``operated a largely intrastate point-to-point and special party passenger service to local churchgoers,'' but it also had interstate operations due to ``its location in Charlotte, North Carolina, being a few miles away from the South Carolina border, and the fact that several churchgoers in Charlotte lived over the state border in South Carolina.'' (Appl. 8) See 49 U.S.C. 13501 (the Board has jurisdiction ``over transportation by motor carrier and the procurement of that transportation, to the extent that passengers, property, or both, are transported by motor carrier . . . between a place in . . . a State and a place in another State.''). --------------------------------------------------------------------------- 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. Rose 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 Rose and Cherry exceeded $2 million for the preceding 12-month period. See 49 U.S.C. 14303(g). Rose submits that the proposed transaction would have no significant impact on the adequacy of transportation services to the public. Rose states that it will be able to bid on and perform DOD contracts that Cherry did not have the resources to handle. In fact, Rose anticipates improved public service because Cherry had not bid on or received any DOD contracts in the years prior to the transaction, and Rose has bid on and performed several DOD contracts since the transaction ``to the full satisfaction of all parties.'' (Appl. 7.) Rose asserts there are no fixed charges associated with the transaction or the proposed acquisition of control. Rose also states that it does not anticipate a measurable reduction in force or changes in compensation and benefits, [[Page 29318]] and states that Cherry has not terminated any employees since the transaction was agreed upon in July 2015. The Board finds that the acquisition described 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 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 June 28, 2016, unless opposing comments are filed by June 27, 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: May 6, 2016. By the Board, Chairman Elliott, Vice Chairman Miller, and Commissioner Begeman. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2016-11131 Filed 5-10-16; 8:45 am] BILLING CODE 4915-01-P
![Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Notices 29317
conditions will be imposed, where Shumaker, Loop & Kendrick, LLP, 101 numbers, and fax numbers related to
appropriate, in a subsequent decision. S. Treyon Street, Suite 2200, Charlotte, MY Bus.
Pursuant to the provisions of 49 CFR NC 28280. Rose states that the purchase of assets
1152.29(e)(2), BNSF shall file a notice of only does not necessarily trigger Board
FOR FURTHER INFORMATION CONTACT:
consummation with the Board to signify jurisdiction, but it argues that the Board
that it has exercised the authority Jonathon Binet (202) 245–0368. Federal has jurisdiction here given that there is
granted and fully abandoned the line. If Information Relay Service (FIRS) for the significant preservation of the identity
consummation has not been effected by hearing impaired: 1–800–877–8339. of Cherry’s MY Bus division. We agree.
filing of a notice of consummation by SUPPLEMENTARY INFORMATION: Rose, a See Cowan Transp., Inc.—Purchase
May 11, 2017, and there are no legal or North Carolina corporation, holds Exemption—Bowman Int’l Domestic
regulatory barriers to consummation, authority from the Federal Motor Carrier Transp., Inc., Docket No. MCF 20144 et
the authority to abandon will Safety Administration (FMCSA) as a al. (ICC served Dec. 30, 1993) (agency
automatically expire. motor carrier providing chauffeur and authority exists where there is
Board decisions and notices are charter bus transportation services to preservation of the corporate identity of
available on our Web site at the public in the states of North the selling carrier coupled with the
‘‘WWW.STB.DOT.GOV.’’ Carolina and South Carolina (MC– agreement that the selling carrier will
Decided: May 6, 2016. 323248). Rose states that it is privately cease competitive operations).2
By the Board, Rachel D. Campbell, held and owned and managed by its Under 49 U.S.C. 14303(b), the Board
Director, Office of Proceedings. president, H.A. Thompson, a resident of must approve and authorize a
Jeffrey Herzig, North Carolina. According to Rose, it transaction that it finds consistent with
created Rose Charters, LLC (RC), a non- the public interest, taking into
Clearance Clerk.
carrier holding company, for the consideration at least: (1) The effect of
[FR Doc. 2016–11132 Filed 5–10–16; 8:45 am]
purpose of consummating the the proposed transaction on the
BILLING CODE 4915–01–P
transaction between Rose and Cherry. adequacy of transportation to the public;
Rose states that RC, which is managed (2) the total fixed charges that result;
by H.A. Thompson, does not have any and (3) the interest of affected carrier
DEPARTMENT OF TRANSPORTATION
operating assets or interstate motor employees. Rose submitted information,
Surface Transportation Board carrier authority. as required by 49 CFR 1182.2, including
information to demonstrate that the
[Docket No. MCF 21066] Rose further states that Cherry, a
proposed transaction is consistent with
North Carolina corporation, provides
the public interest under 49 U.S.C.
Rose Chauffeured Transportation, consultation services related to
14303(b), and a statement that the
LTD—Acquisition of Control—My Bus interstate and intrastate transportation.
aggregate gross operating revenues of
Division of Cherry Consulting of the According to Rose, Cherry’s MY Bus
Rose and Cherry exceeded $2 million
Carolinas, Inc. division owned two buses that it used
for the preceding 12-month period. See
to provide passenger services to
AGENCY: Surface Transportation Board. 49 U.S.C. 14303(g).
churches in and around Charlotte, N.C.
ACTION:Notice tentatively approving Rose submits that the proposed
Rose states that the MY Bus division
and authorizing finance transaction. transaction would have no significant
also possessed a Department of Defense
impact on the adequacy of
(DOD) identification code, which
SUMMARY: On April 11, 2016, Rose transportation services to the public.
allowed it to bid on DOD contracts.
Chauffeured Transportation, Ltd. (Rose), Rose states that it will be able to bid on
Cherry also holds authority from the
a noncarrier, filed an application under and perform DOD contracts that Cherry
FMCSA as a motor carrier (MC–364041).
49 U.S.C. 14303 so that it can obtain did not have the resources to handle. In
Rose states that, since entering into the
approval for its acquisition of common fact, Rose anticipates improved public
APA, Cherry has ceased its activities as
control of the MY Bus division of service because Cherry had not bid on
a motor carrier and, thus, does not
Cherry Consulting of the Carolinas, Inc. or received any DOD contracts in the
compete with Rose.
(Cherry) pursuant to a July 21, 2015, years prior to the transaction, and Rose
Asset Purchase Agreement (APA) Rose seeks Board authority for its has bid on and performed several DOD
between the parties. The Board is acquisition of certain of Cherry’s assets contracts since the transaction ‘‘to the
tentatively approving and authorizing pursuant to the APA, which, as noted, full satisfaction of all parties.’’ (Appl. 7.)
the transaction, and, if no opposing was dated July 21, 2015.1 Specifically, Rose asserts there are no fixed charges
comments are timely filed, this notice Rose states that it acquired: (1) Two associated with the transaction or the
will be the final Board action. Persons buses; (2) DOT registration number proposed acquisition of control. Rose
wishing to oppose the application must 822939; (3) FMCSA license MD–364041; also states that it does not anticipate a
follow the rules at 49 CFR 1182.5 and (4) DOD identification code MYAJ; (5) measurable reduction in force or
1182.8. the ‘‘MY Bus’’ name and all other changes in compensation and benefits,
DATES: Comments must be filed by June common law intellectual property rights
27, 2016. Rose may file a reply by July related to MY Bus; (6) the email address 2 We also note that, according to Rose, Cherry
11, 2016. If no comments are filed by ‘‘info@mybusinc.com’’; and (7) the Web ‘‘operated a largely intrastate point-to-point and
site addresses, domains, telephone special party passenger service to local
June 27, 2016, this notice shall be churchgoers,’’ but it also had interstate operations
effective on June 28, 2016. due to ‘‘its location in Charlotte, North Carolina,
mstockstill on DSK3G9T082PROD with NOTICES
1 Rose states that, at the time they entered into the being a few miles away from the South Carolina
ADDRESSES: Send an original and 10
APA, none of the parties were aware of the Board’s border, and the fact that several churchgoers in
copies of any comments referring to jurisdiction over the transaction. Rose now seeks Charlotte lived over the state border in South
Docket No. MCF 21066 to: Surface retroactive, or nunc pro tunc, approval of the Carolina.’’ (Appl. 8) See 49 U.S.C. 13501 (the Board
Transportation Board, 395 E Street SW., transaction. The Board will tentatively approve and has jurisdiction ‘‘over transportation by motor
authorize the transaction, but only as of the date of carrier and the procurement of that transportation,
Washington, DC 20423–0001. In service of this decision, and not retroactively. to the extent that passengers, property, or both, are
addition, send one copy of comments to Absent any comments, this notice shall be effective transported by motor carrier . . . between a place
Rose’s representative: Robert Norris, on June 28, 2016. in . . . a State and a place in another State.’’).
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![29318 Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Notices
and states that Cherry has not surplus property from aeronautical to needed for airport development on the
terminated any employees since the non-aeronautical use. approved ALP to increase airport
transaction was agreed upon in July revenues. Consistent with this purpose,
2015. SUMMARY: The Federal Aviation this release request will enable SARAA
The Board finds that the acquisition Administration (FAA) is requesting to enter into a long-term lease agreement
described in the application is public comment on the Susquehanna with Shaner Hotel Holdings for the
consistent with the public interest and Area Regional Airport Authority’s purpose of constructing and operating a
should be tentatively approved and (SARAA) request to change 11.398 acres four (4) story hotel consisting of 120
authorized. If any opposing comments of airport property from aeronautical guest rooms, a meeting center and
are timely filed, these findings will be use to non-aeronautical use. The acreage restaurant. The hotel will encompass
deemed vacated, and, unless a final in question is subject to the Provisions 2.73 acres of the 11.398-acre site. The
decision can be made on the record as of the Federal Property and remaining acres will be available for
developed, a procedural schedule will Administrative Services Act of 1949, future long-term lease agreements for
be adopted to reconsider the and the Surplus Property Act of 1944 as commercial retail development. There is
application. See 49 CFR 1182.6(c). If no amended. In accordance with 49 U.S.C. to be no sale or transfer of property
opposing comments are filed by the 47151(d), 47153(c), and 47107(h), this rights in connection with this Airport
expiration of the comment period, this notice is required to be published in the Layout Plan change. Proceeds from the
notice will take effect automatically and Federal Register for 30 days before lease of this property will be utilized in
waiving the condition that such land be accordance with FAA’s Policy and
will be the final Board action.
Board decisions and notices are used for aeronautical purposes. The Procedures Concerning the Use of
available on our Web site at purpose of the release request is to Airport Revenue, published in the
‘‘WWW.STB.DOT.GOV’’. enable SARAA to generate revenue from Federal Register on February 16, 1999.
It is ordered: this property by taking action including, MDT, including the 11.398 acres that
1. The proposed transaction is but not limited to, entering into a long- are the subject of this release request,
approved and authorized, subject to the term lease with Shaner Hotel Holdings was the former Olmsted Air Force Base.
filing of opposing comments. for the purpose of constructing and On June 20, 1967, under the provisions
2. If opposing comments are timely operating a four (4) story hotel of the Federal Property and
filed, the findings made in this notice consisting of 120 guest rooms, a meeting Administrative Services Act of 1949,
will be deemed vacated. center and restaurant. and the Surplus Property Act of 1944,
3. This notice will be effective June DATES: Comments must be received on as amended, the Air Force ceded
28, 2016, unless opposing comments are or before June 10, 2016. Olmsted Air Force Base to the
filed by June 27, 2016. ADDRESSES: Documents are available for Commonwealth of Pennsylvania for the
4. A copy of this notice will be served review at the Susquehanna Area purpose that it be utilized as an airport.
on: (1) The U.S. Department of Regional Airport Authority Office This land was conveyed to SARAA by
Transportation, Federal Motor Carrier located at the Harrisburg International the Commonwealth of Pennsylvania
Safety Administration, 1200 New Jersey Airport. through its Department of
Avenue SE., Washington, DC 20590; (2) Timothy Edwards, Executive Director, Transportation by a deed dated 01/02/
the U.S. Department of Justice, Antitrust Harrisburg International Airport, 1998 and recorded in Dauphin County,
Division, 10th Street & Pennsylvania Susquehanna Area Regional Airport Pennsylvania book 3008, page 425. On
Avenue NW., Washington, DC 20530; Authority, One Terminal Drive, Suite December 8, 2015, the Department of
and (3) the U.S. Department of 300, Middletown, PA 17057, 717– Defense concurred with the decision to
Transportation, Office of the General 948–3900. release the National Emergency Use
Counsel, 1200 New Jersey Avenue SE., and at the FAA Harrisburg Airports Provision on the 11.398 acres.
Washington, DC 20590. The 11.398 acres is located on the
District Office:
Decided: May 6, 2016. landside of the airport in a central area
Oscar D. Sanchez, Program Manager, in close proximity to the parking garage,
By the Board, Chairman Elliott, Vice Harrisburg Airports District Office,
Chairman Miller, and Commissioner
terminal building, and long-term
3905 Hartzdale Dr., Suite 508, Camp parking within the Terminal Drive loop.
Begeman. Hill, PA 17011, (717) 730–2834.
Jeffrey Herzig,
To the north, the area is bordered by
FOR FURTHER INFORMATION CONTACT: Airport Drive, Amtrak Railroad, and
Clearance Clerk. Oscar D. Sanchez, Program Manager, Route 230. To the south of the area lies
[FR Doc. 2016–11131 Filed 5–10–16; 8:45 am] Harrisburg Airports District Office the snow removal equipment building
BILLING CODE 4915–01–P (location listed above). The documents and a passenger cell phone lot. West of
reflecting the Sponsor’s request are the area is a paved employee parking
available, by appointment only, for lot. The parcel is further identified as
DEPARTMENT OF TRANSPORTATION inspection at the Harrisburg Dauphin County identification Parcel
International Airport, Executive 36–024–001. The property is currently
Federal Aviation Administration Director’s Office. depicted on the approved ALP on
Notice of Intent To Rule on a Release SUPPLEMENTARY INFORMATION: The record as airport property and consists
Request for a Change in Designation following is a brief overview of the of asphalt pavement that is currently
of On-Airport Surplus Property From request: used as a nonrevenue producing
This action will allow the re- employee vehicle parking lot. MDT has
mstockstill on DSK3G9T082PROD with NOTICES
Aeronautical to Non-Aeronautical Use
at the Harrisburg International Airport designation of the 11.398 acres as land sufficient parking space available to
(MDT), Middletown, PA available for non-aeronautical use on replace the employee parking lot. This
the Airport Layout Plan (ALP). The parcel is not needed for future
AGENCY: Federal Aviation purpose of the release request is that aeronautical development as shown on
Administration (FAA) DOT. SARAA has determined that it is in its the airport’s ALP.
ACTION: Notice release request for a best interest to encourage development Any person may inspect the request
change in designation of on-airport under long-term leases of land not by appointment at the FAA office
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Document Created: 2016-05-11 01:12:17
Document Modified: 2016-05-11 01:12:17
| 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 June 27, 2016. Rose may file a reply by July 11, 2016. If no comments are filed by June 27, 2016, this notice shall be effective on June 28, 2016. | |
| Contact | Jonathon Binet (202) 245-0368. Federal Information Relay Service (FIRS) for the hearing impaired: 1-800-877- 8339. | |
| FR Citation | 81 FR 29317 |
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