81 FR 41368 - Prisoner Transportation Services, LLC-Control-U.S. Corrections, LLC D/B/A U.S.C.
SURFACE TRANSPORTATION BOARD Federal Register Volume 81, Issue 122 (June 24, 2016)
Federal Register Volume 81, Issue 122 (June 24, 2016)
| Page Range | 41368-41370 | |
| FR Document | 2016-15009 |
[Federal Register Volume 81, Number 122 (Friday, June 24, 2016)] [Notices] [Pages 41368-41370] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-15009] ======================================================================= ----------------------------------------------------------------------- SURFACE TRANSPORTATION BOARD [Docket No. MCF 21067] Prisoner Transportation Services, LLC--Control--U.S. Corrections, LLC D/B/A U.S.C. AGENCY: Surface Transportation Board. ACTION: Notice tentatively approving and authorizing finance transaction. ----------------------------------------------------------------------- SUMMARY: On May 26, 2016, Prisoner Transportation Services, LLC (Applicant) filed an application under 49 U.S.C. 14303 so that it can acquire common control of U.S. Corrections, LLC (U.S.C.). The Board is tentatively [[Page 41369]] 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 August 8, 2016. Applicant may file a reply by August 23, 2016. If no comments are filed by August 8, 2016, this notice shall be effective on August 9, 2016. ADDRESSES: Send an original and 10 copies of any comments referring to Docket No. MCF 21067 to: Surface Transportation Board, 395 E Street SW., Washington, DC 20423-0001. In addition, send one copy of comments to Applicant's representative: Henry E. Seaton, Esq., Law Office of Seaton & Husk, L.P., 2240 Gallows Road, Vienna, VA 22182. FOR FURTHER INFORMATION CONTACT: Amy Ziehm (202) 245-0391. Federal Information Relay Service (FIRS) for the hearing impaired: 1-800-877- 8339. SUPPLEMENTARY INFORMATION: Applicant states that it is a limited liability company under the laws of Tennessee and that it owns and operates two interstate motor carriers: PTS of America, LLC (PTS) (MC- 689407) and Brevard Extraditions, Inc. d/b/a/US Prisoner Transport (USPT) (MC-643115). Prisoner Transp. Servs., LLC--Control--PTS of Am., LLC, MCF 21064 (STB served Nov. 27, 2015) (granting Applicant's request to acquire common control of PTS and USPT). Applicant states that it provides a specialized type of for-hire interstate passenger carriage service through its affiliates, which transport incarcerated prisoners, including convicts, parole jumpers, and individuals under criminal indictment who have escaped to foreign jurisdictions, for state and local prisons, correctional facilities, and sheriff's departments. Applicant states that, under its affiliates, it currently operates 33 vehicles, including three passenger buses; four specially designed transporters suitable for the transportation of as many as 25 inmates and four guards; and 26 vans suitable for the transportation of up to 12 inmates and up to two drivers or guards. Applicant states that four individuals currently have controlling interest: Alan Sielbeck (38.5%), Kent Wood (31.5%), Robert Downs (24%), and Lisa Kyle (6%). Applicant states that U.S.C. is a limited liability company established under the laws of North Carolina and holds authority from the Federal Motor Carrier Safety Administration (FMCSA) as a motor carrier of passengers (MC-872586). According to Applicant, U.S.C. is engaged in the same specialized type of interstate transportation of passengers by motor carrier as Applicant, operating specially equipped van and bus equipment suitable for the transportation of prisoners and complies with the Interstate Transportation of Dangerous Criminals Act. Applicant states that U.S.C. operates 12 vans that can hold up to 14 passengers. Applicant states that U.S.C. is currently owned by Steve Jacques (50%), Ashley Jacques (25%), and Dustin Baldwin (25%). According to Applicant, if Board approval is granted, U.S.C. would join it in providing specialized transportation focused on the recovery and extradition of prisoners from jails and detention facilities in one state and delivery to points of incarceration in interstate commerce under guard, using both air-ex and passenger motor carrier service based upon attractive contract rates. Applicant explains that under the proposed transaction, the owners of U.S.C. would transfer their complete interest in U.S.C. to Applicant and receive a shareholder's interest in Applicant in return. Applicant states that its combined member and membership interest of would be as follows once the transfer is complete: Alan Sielbeck (32.7%), Kent Wood (26.8%), Robert Downs (20.4%), Lisa Kyle (5.1%), Steve Jacques (7.5%), Dustin Baldwin (3.75%), and Ashley Jacques (3.75%). Applicant would acquire all the interest in U.S.C., and U.S.C. would join Applicant as one of its affiliate carriers. The current owners of U.S.C. would retain indirect control of U.S.C. and acquire indirect control of the affiliate carriers already under Applicant. Applicant would acquire indirect control of U.S.C. and retain indirect control of its affiliated entities. 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 Applicant and U.S.C. exceeded $2 million for the preceding 12-month period, see 49 U.S.C. 14303(g).\1\ --------------------------------------------------------------------------- \1\ Applicants with gross operating revenues exceeding $2 million are required to meet the requirements of 49 CFR 1182. --------------------------------------------------------------------------- Applicant submits that the proposed transaction would have no significant impact on the adequacy of transportation services to the public. Rather, Applicant anticipates that common control of the carriers would result in more efficient and timely transportation. By combining the pickup and delivery schedules of both companies, Applicant states, detainees scheduled for pickup could be booked more expeditiously on the nearest available bus or transporter, regardless of whether the vehicle is operated by one of its existing affiliates or U.S.C.. Applicant notes that U.S.C. brings with it a higher degree of operational skill and experience in a unique and specialized marketplace. Applicant says that U.S.C.'s leadership team will become high-ranking members of its leadership team. According to Applicant, U.S.C. has developed custom-designed, specialized software that Applicant intends to use across its affiliates that will significantly increase the organization's efficiency and effectiveness. Applicant also notes that consolidation would permit vehicle sharing arrangements, coordinated driver training, and safety management and load sharing arrangements. Applicant claims that it is time intensive and expensive to increase the size of a fleet due to the necessary aftermarket customization of the vehicles, and this transaction would improve its fleet and provide it with more flexibility. It further claims that consolidation would allow for the centralization of various management support functions such as vehicle licensing, legal affairs, accounting, human resources, purchasing, and environmental compliance. Applicant claims that the proposed transaction would not have any adverse competitive effect on any portion of the passenger transportation industry. Applicant states that the vast majority of prisoners and detainees are transported by U.S. Marshals, state law enforcement officers, sheriffs, deputies, or local police officers. Furthermore, Applicant states, other for-hire carriers are also in the national marketplace. In total, after consummation, Applicant asserts that the combined operation would constitute less than five percent of the population being transported. According to Applicant, competitors would not be adversely affected by the [[Page 41370]] transaction, because prisoner extradition services are provided based upon open competition among qualified service providers. Applicant also states that there is nothing to preclude existing carriers from expanding their routes, rates and services, and nothing to keep well capitalized new entrants from entering the market at any time. With respect to fixed charges, Applicant believes that assuming control of U.S.C. would generate greater economies of scale, which would reduce the variety of unit costs now being incurred to operate these carriers under separate ownership. Additionally, Applicant states that the combined carriers should be able to enhance their volume purchasing power, thereby reducing insurance premiums and achieving deeper discounts for equipment and fuel. Applicant also claims that affected employees would benefit from the transaction. It says that employees would maintain job security, would retain or expand the volume of available work, and would have an increased opportunity to schedule shorter tours of duty, resulting in less time away from their home base. On the basis of the application, the Board finds that the proposed acquisition 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 August 9, 2016, unless opposing comments are filed by August 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: June 20, 2016. By the Board, Chairman Elliott, Vice Chairman Miller, and Commissioner Begeman. Tia Delano, Clearance Clerk. [FR Doc. 2016-15009 Filed 6-23-16; 8:45 am] BILLING CODE 4915-01-P
![41368 Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Notices
proposed rule change between the approximately one-half hour to provide SUPPLEMENTARY INFORMATION: Notice is
Commission and any person, other than the information required under Rule hereby given that as a result of the
those that may be withheld from the 12d1–3 and that the information is filed Administrator’s disaster declaration,
public in accordance with the by approximately 688 respondents applications for disaster loans may be
provisions of 5 U.S.C. 552, will be annually for a total annual reporting filed at the address listed above or other
available for Web site viewing and burden of 344 burden hours (0.5 hours locally announced locations.
printing in the Commission’s Public per response × 688 responses). The following areas have been
Reference Room, 100 F Street NE., An agency may not conduct or determined to be adversely affected by
Washington, DC 20549 on official sponsor, and a person is not required to the disaster:
business days between the hours of respond to, a collection of information Primary Counties: San Patricio.
10:00 a.m. and 3:00 p.m. Copies of the unless it displays a currently valid Contiguous Counties: Texas: Aransas,
filing also will be available for control number. Bee, Jim Wells, Live Oak, Nueces,
inspection and copying at the principal The public may view the background Refugio.
office of the Exchange. All comments documentation for this information
received will be posted without change; collection at the following Web site, The Interest Rates are:
the Commission does not edit personal www.reginfo.gov. Comments should be
directed to: (i) Desk Officer for the Percent
identifying information from
submissions. You should submit only Securities and Exchange Commission, For Physical Damage:
information that you wish to make Office of Information and Regulatory Homeowners With Credit Avail-
available publicly. All submissions Affairs, Office of Management and able Elsewhere ...................... 3.250
should refer to File Number SR– Budget, Room 10102, New Executive Homeowners Without Credit
NYSEMKT–2016–59 and should be Office Building, Washington, DC 20503, Available Elsewhere .............. 1.625
submitted on or before July 15, 2016. or by sending an email to: Businesses With Credit Avail-
Shagufta_Ahmed@omb.eop.gov; and (ii) able Elsewhere ...................... 6.250
For the Commission, by the Division of Businesses Without Credit
Trading and Markets, pursuant to delegated Pamela Dyson, Director/Chief
Available Elsewhere .............. 4.000
authority.36 Information Officer, Securities and
Non-Profit Organizations With
Robert W. Errett, Exchange Commission, c/o Remi Pavlik- Credit Available Elsewhere ... 2.625
Deputy Secretary. Simon, 100 F Street NE., Washington, Non-Profit Organizations With-
[FR Doc. 2016–14933 Filed 6–23–16; 8:45 am]
DC 20549 or send an email to: out Credit Available Else-
BILLING CODE 8011–01–P
PRA_Mailbox@sec.gov. Comments must where ..................................... 2.625
be submitted to OMB within 30 days of For Economic Injury:
this notice. Businesses & Small Agricultural
Cooperatives Without Credit
SECURITIES AND EXCHANGE Dated: June 20, 2016. Available Elsewhere .............. 4.000
COMMISSION Robert W. Errett, Non-Profit Organizations With-
[SEC File No. 270–116, OMB Control No. Deputy Secretary. out Credit Available Else-
3235–0109] [FR Doc. 2016–14931 Filed 6–23–16; 8:45 am] where ..................................... 2.625
BILLING CODE 8011–01–P
Submission for OMB Review; The number assigned to this disaster
Comment Request for physical damage is 14746 6 and for
economic injury is 14747 0.
Upon Written Request Copies Available SMALL BUSINESS ADMINISTRATION
The State which received an EIDL
From: Securities and Exchange [Disaster Declaration #14746 and #14747] Declaration # is Texas.
Commission, Office of FOIA Services,
100 F Street NE., Washington, DC (Catalog of Federal Domestic Assistance
Texas Disaster #TX–00471
20549–2736. Number 59008)
AGENCY: U.S. Small Business
Extensions: Rule 12d1–3. Maria Contreras-Sweet,
Administration.
Notice is hereby given that, pursuant Administrator.
ACTION: Notice.
to the Paperwork Reduction Act of 1995 [FR Doc. 2016–14990 Filed 6–23–16; 8:45 am]
(44 U.S.C. 3501 et seq.), the Securities SUMMARY: This is a notice of an BILLING CODE 8025–01–P
and Exchange Commission Administrative declaration of a disaster
(‘‘Commission’’) has submitted to the for the State of Texas dated 06/16/2016.
Office of Management and Budget this Incident: Severe Storms and Flooding. SURFACE TRANSPORTATION BOARD
request for extension of the previously Incident Period: 05/16/2016.
Effective Date: 06/16/2016. [Docket No. MCF 21067]
approved collection of information
discussed below. Physical Loan Application Deadline
Date: 08/15/2016. Prisoner Transportation Services,
Exchange Act Rule 12d1–3 (17 CFR LLC—Control—U.S. Corrections, LLC
240.12d1–3) requires a certification that Economic Injury (EIDL) Loan
Application Deadline Date: 03/16/2017. D/B/A U.S.C.
a security has been approved by an
exchange for listing and registration ADDRESSES: Submit completed loan AGENCY: Surface Transportation Board.
pursuant to Section 12(d) of the applications to: U.S. Small Business ACTION:Notice tentatively approving
Securities Exchange Act of 1934 (15 Administration, Processing and
sradovich on DSK3GDR082PROD with NOTICES
and authorizing finance transaction.
U.S.C. 78l(d)) to be filed with the Disbursement Center, 14925 Kingsport
Commission. The information required Road, Fort Worth, TX 76155. SUMMARY: On May 26, 2016, Prisoner
under Rule 12d1–3 must be filed with FOR FURTHER INFORMATION CONTACT: A. Transportation Services, LLC
the Commission and is publicly Escobar, Office of Disaster Assistance, (Applicant) filed an application under
available. We estimate that it takes U.S. Small Business Administration, 49 U.S.C. 14303 so that it can acquire
409 3rd Street SW., Suite 6050, common control of U.S. Corrections,
36 17 CFR 200.30–3(a)(12). Washington, DC 20416. LLC (U.S.C.). The Board is tentatively
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![41370 Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Notices
transaction, because prisoner Transportation, Office of the General log onto the Federal Docket
extradition services are provided based Counsel, 1200 New Jersey Avenue SE., Management System (FDMS) Web site
upon open competition among qualified Washington, DC 20590. at: http://www.regulations.gov/. Then
service providers. Applicant also states Decided: June 20, 2016. follow the online search instructions to
that there is nothing to preclude existing By the Board, Chairman Elliott, Vice locate docket number ‘‘NHTSA–2016–
carriers from expanding their routes, Chairman Miller, and Commissioner 0004.’’
rates and services, and nothing to keep Begeman. II. Vehicles Involved: Affected are
well capitalized new entrants from Tia Delano, approximately 5,516 MY 2009–2015
entering the market at any time. Clearance Clerk. Aston Martin DB9 two-door and four-
With respect to fixed charges, door passenger cars that were
[FR Doc. 2016–15009 Filed 6–23–16; 8:45 am]
Applicant believes that assuming manufactured between September 1,
BILLING CODE 4915–01–P
control of U.S.C. would generate greater 2009 and December 9, 2015.
economies of scale, which would reduce III. Noncompliance: AML explains
the variety of unit costs now being that the noncompliance occurs when
incurred to operate these carriers under DEPARTMENT OF TRANSPORTATION the door locking system in the subject
separate ownership. Additionally, vehicles is double-locked causing the
Applicant states that the combined National Highway Traffic Safety
Administration interior operating means for unlocking
carriers should be able to enhance their the door locking mechanism to become
volume purchasing power, thereby [Docket No. NHTSA–2016–0004; Notice 2] disengaged and therefore does not meet
reducing insurance premiums and the requirements as specified in
achieving deeper discounts for Aston Martin Lagonda Limited; Denial paragraph S4.3 of FMVSS No. 206.
equipment and fuel. of Petition for Decision of IV. Rule Text: Paragraph S4.3 of
Applicant also claims that affected Inconsequential Noncompliance FMVSS No. 206 requires:
employees would benefit from the AGENCY: National Highway Traffic S4.3 Door Locks. Each door shall be
transaction. It says that employees Safety Administration (NHTSA), equipped with at least one locking device
would maintain job security, would Department of Transportation (DOT). which, when engaged, shall prevent
retain or expand the volume of available operation of the exterior door handle or other
ACTION: Denial of petition.
work, and would have an increased exterior latch release control and which has
opportunity to schedule shorter tours of SUMMARY: Aston Martin Lagonda an operating means and a lock release/
duty, resulting in less time away from Limited (AML), has determined that engagement device located within the
their home base. certain model year (MY) 2009–2015 interior of the vehicle.
On the basis of the application, the S4.3.1 Rear side doors. Each rear side door
Aston Martin DB9 two-door and four- shall be equipped with at least one locking
Board finds that the proposed door passenger cars do not fully comply device which has a lock release/engagement
acquisition is consistent with the public with paragraph S4.3 of Federal Motor mechanism located within the interior of the
interest and should be tentatively Vehicle Safety Standard (FMVSS) No. vehicle and readily accessible to the driver of
approved and authorized. If any 206, Door locks and door retention the vehicle or an occupant seated adjacent to
opposing comments are timely filed, components. Aston Martin Lagonda of the door, and which, when engaged, prevents
these findings will be deemed vacated, North America, Inc., filed a report dated operation of the interior door handle or other
and, unless a final decision can be made December 16, 2015, pursuant to 49 CFR interior latch release control and requires
on the record as developed, a part 573, Defect and Noncompliance separate actions to unlock the door and
procedural schedule will be adopted to operate the interior door handle or other
Responsibility and Reports for AML. interior latch release control.
reconsider the application. See 49 CFR AML then petitioned NHTSA under 49 S4.3.2 Back doors. Each back door
1182.6(c). If no opposing comments are CFR part 556 requesting a decision that equipped with an interior door handle or
filed by the expiration of the comment the subject noncompliance is other interior latch release control, shall be
period, this notice will take effect inconsequential to motor vehicle safety. equipped with at least one locking device
automatically and will be the final ADDRESSES: For further information on that meets the requirements of S4.3.1. . . .
Board action. this decision contact Luis Figueroa,
Board decisions and notices are V. Summary of AML’s Petition: AML
Office of Vehicle Safety Compliance, the described the subject noncompliance
available on our Web site at National Highway Traffic Safety
‘‘WWW.STB.DOT.GOV’’. and stated its belief that the
Administration (NHTSA), telephone noncompliance is inconsequential to
It is ordered:
1. The proposed transaction is (202) 366–5298, facsimile (202) 366– motor vehicle safety for the following
approved and authorized, subject to the 5930. reasons:
filing of opposing comments. SUPPLEMENTARY INFORMATION: (a) AML stated that the subject
2. If opposing comments are timely I. Overview: Pursuant to 49 U.S.C. vehicles can only be double-locked by
filed, the findings made in this notice 30118(d) and 30120(h) (see using the key fob (which also serves as
will be deemed vacated. implementing rule at 49 CFR part 556), the ignition key) and that if the vehicle
3. This notice will be effective August AML submitted a petition for an is double-locked from the inside, the
9, 2016, unless opposing comments are exemption from the notification and driver and or passenger will be able to
filed by August 8, 2016. remedy requirements of 49 U.S.C. disengage the double-lock by using the
4. A copy of this notice will be served Chapter 301 on the basis that this key fob. AML believes that as a result,
on: (1) The U.S. Department of noncompliance is inconsequential to the double-locking mechanism could
sradovich on DSK3GDR082PROD with NOTICES
Transportation, Federal Motor Carrier motor vehicle safety. not cause a situation in which a vehicle
Safety Administration, 1200 New Jersey Notice of receipt of the petition was is double-locked from the inside by the
Avenue SE., Washington, DC 20590; (2) published, with a 30-day public driver and a crash disables the driver,
the U.S. Department of Justice, Antitrust comment period, on February 17, 2016, leaving the passenger(s) locked inside.
Division, 10th Street & Pennsylvania in the Federal Register (81 FR 8125). No (b) AML stated that the risks of
Avenue NW., Washington, DC 20530; comments were received. To view the children being locked in the vehicle by
and (3) the U.S. Department of petition and all supporting documents means of the double-locking
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Document Created: 2016-06-24 00:52:58
Document Modified: 2016-06-24 00:52:58
| 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 August 8, 2016. Applicant may file a reply by August 23, 2016. If no comments are filed by August 8, 2016, this notice shall be effective on August 9, 2016. | |
| Contact | Amy Ziehm (202) 245-0391. Federal Information Relay Service (FIRS) for the hearing impaired: 1-800-877- 8339. | |
| FR Citation | 81 FR 41368 |
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