81_FR_64030 81 FR 63850 - National Express LLC-Acquisition Of Control-New Dawn Transit, Llc

81 FR 63850 - National Express LLC-Acquisition Of Control-New Dawn Transit, Llc

SURFACE TRANSPORTATION BOARD

Federal Register Volume 81, Issue 180 (September 16, 2016)

Page Range63850-63852
FR Document2016-22283

On August 17, 2016, National Express LLC (National Express or Applicant), a non-carrier, filed an application under 49 U.S.C. 14303 to acquire control of New Dawn Transit, LLC (New Dawn). 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 & 1182.8.

Federal Register, Volume 81 Issue 180 (Friday, September 16, 2016)
[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)]
[Notices]
[Pages 63850-63852]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22283]


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SURFACE TRANSPORTATION BOARD

[Docket No. MCF 21072]


National Express LLC--Acquisition Of Control--New Dawn Transit, 
Llc

AGENCY: Surface Transportation Board.

ACTION: Notice tentatively approving and authorizing finance 
transaction.

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SUMMARY: On August 17, 2016, National Express LLC (National Express or 
Applicant), a non-carrier, filed an application under 49 U.S.C. 14303 
to acquire control of New Dawn Transit, LLC (New Dawn). 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 & 1182.8.

DATES: Comments must be filed by October 31, 2016. Applicant may file a 
reply by November 15, 2016. If no opposing comments are filed by 
October 31, 2016, this notice shall be effective on November 1, 2016.

ADDRESSES: Send an original and 10 copies of any comments referring to 
Docket No. MCF 21072 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 
that 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); Folmsbee's Transportation Inc. (Folmsbee); 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); The Provider Enterprises, Inc. (Provider); Rainbow Management 
Service Inc. (Rainbow); Safeway Training and Transportation Services 
Inc. (Safeway); Septran, Inc. (Septran); Smith Bus Service, Inc. 
(Smith); Suburban Paratransit Service, Inc. (Suburban Paratransit); 
Trans Express, Inc. (Trans Express); and White Plains Bus Company, Inc. 
(White Plains).
    Applicant alleges the following facts regarding the National 
Express Affiliated Carriers held by Express Group:
     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 (MC-143528).
     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 with regional and local school jurisdictions. 
Durham also provides charter passenger services to the public (MC-
163066).
     Folmsbee is a passenger motor carrier primarily engaged in 
providing unregulated student school bus transportation services in the 
state of New York under contracts with regional and local school 
jurisdictions (MC-818630).
     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 (MC-148934).
     NETC is an intrastate passenger motor carrier with its 
principal place of business in Cincinnati, Ohio.
     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 non-regulated 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 (MC-364668).
     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 (MC-723926).
     Northwest is a passenger motor carrier primarily engaged 
in providing non-regulated school bus transportation services under 
contracts with regional and local school jurisdictions.
     Southwest is a passenger motor carrier primarily engaged 
in providing

[[Page 63851]]

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 (MC-644996).
     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 (MC-749360).
     Provider is a passenger motor carrier doing business as 
Provider Bus, and is primarily engaged in providing non-regulated 
school bus transportation services in the state of New Hampshire under 
contracts with regional and local school jurisdictions.
     Rainbow provides interstate and intrastate charter and 
special party passenger transportation services in the state of New 
York (MC-490015).
     Safeway is a passenger motor carrier primarily engaged in 
providing non-regulated school bus transportation services in the state 
of New Hampshire under contracts with regional and local school 
jurisdictions (MC-522039).
     Septran is a passenger motor carrier primarily engaged in 
providing non-regulated school bus transportation services in the state 
of Illinois under contracts with regional and local school 
jurisdictions (MC-795208).
     Smith is a passenger motor carrier primarily engaged in 
providing non-regulated school bus transportation services in the state 
of Maryland and surrounding areas under contracts with regional and 
local school jurisdictions.
     Suburban Paratransit is a motor carrier providing 
paratransit services primarily in Westchester County and Bronx, NY.
     Trans Express provides interstate and intrastate passenger 
transportation services in the state of New York (MC-187819).
     White Plains is a passenger motor carrier that operates 
primarily as a provider of non-regulated school bus transportation 
services in the State of New York. White Plains also operates as a 
motor passenger carrier providing charter service to the public (MC-
160624).
    Applicant states that New Dawn is a New York limited liability 
company that holds authority from the Federal Motor Carrier Safety 
Administration as a motor carrier of passengers (MC-932702). Applicant 
explains that all of the issued and outstanding membership equity 
interest of New Dawn is owned and held by Indra Fouche, an individual 
(the Seller). Applicant further states that the Seller has no direct or 
indirect ownership interest in any other interstate passenger motor 
carrier.
    According to Applicant, New Dawn operates primarily as a provider 
of non-regulated school bus transportation services, transporting 
children to and from school throughout the metropolitan area of New 
York City. Applicant adds that New Dawn maintains a fleet of 140 buses 
and has approximately 154 drivers, and that it also operates as a motor 
passenger carrier providing charter service to the public using its 
fleet of buses.
    Applicant explains that National Express would assume direct 100 
percent control of New Dawn through the membership 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 New Dawn 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, as New Dawn would continue to provide the services it currently 
provides using the same names for the foreseeable future. Applicant 
states that New Dawn ``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. 12.)
    Applicant states that ``[t]he addition of [New Dawn] to the 
carriers held by National Express 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, 
but in different geographic areas.'' (Id.) Applicant asserts that New 
Dawn is experienced in some of the same market segments already served 
by 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 further asserts that the acquisition of New Dawn would 
serve to enhance the viability of the overall National Express 
organization and the operations of the National Express Affiliated 
Carriers, which would ensure the continued availability of adequate 
passenger transportation service for the public. (Id.)
    Applicant also claims that neither competition nor the public 
interest would be adversely affected. Applicant states that New Dawn is 
a relatively small carrier in the overall markets in which it competes: 
Unregulated metropolitan school bus operations, and provider of charter 
services. 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. It 
further explains that the charter services offered by New Dawn are 
geographically dispersed from those of the National Express Affiliated 
Carriers, and that there is limited overlap in service areas and/or in 
customer bases among the National Express Affiliated Carriers and New 
Dawn. Thus, Applicant states that the impact of the contemplated 
transaction on the regulated motor carrier industry would be minimal at 
most and that neither competition nor the public interest would be 
adversely affected.
    Applicant asserts that there are no fixed charges associated with 
the contemplated transaction. Applicant also states that it does not 
anticipate a measurable reduction in force or changes in compensation 
levels and/or benefits to employees. Applicant submits, however, that 
staffing redundancies could potentially result in limited downsizing of 
back-office or managerial level personnel.
    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

[[Page 63852]]

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.
    This action is categorically excluded from environmental review 
under 49 CFR 1105.6(c).
    Board decisions and notices are available on our Web site at 
WWW.STB.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 November 1, 2016, unless opposing 
comments are filed by October 31, 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: September 12, 2016.

    By the Board, Chairman Elliott, Vice Chairman Miller, and 
Commissioner Begeman.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2016-22283 Filed 9-15-16; 8:45 am]
BILLING CODE 4915-01-P



                                                  63850                       Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Notices

                                                     (d) Revision of the Assembly                         tentatively approving and authorizing                 states of Illinois and Indiana under
                                                        resolutions relating to technical                 the transaction, and, if no opposing                  contracts with regional and local school
                                                        cooperation                                       comments are timely filed, this notice                jurisdictions. Beck also provides charter
                                                  —Partnerships:                                          will be the final Board action. Persons               passenger services to the public (MC–
                                                     (a) Regional presence and                            wishing to oppose the application must                143528).
                                                        coordination                                      follow the rules at 49 CFR 1182.5 &                      • CMI is a passenger motor carrier
                                                     (b) Partnership arrangements                         1182.8.                                               doing business as Matthews Bus
                                                  —Voluntary IMO Member Audit                             DATES: Comments must be filed by                      Company and is primarily engaged in
                                                        Scheme and IMO Member States                      October 31, 2016. Applicant may file a                providing student school bus
                                                        Audit Scheme                                      reply by November 15, 2016. If no                     transportation services in the state of
                                                  —Capacity building: Strengthening the                   opposing comments are filed by October                Pennsylvania under contracts with
                                                        impact of women in the maritime                   31, 2016, this notice shall be effective              regional and local school jurisdictions.
                                                        sector                                            on November 1, 2016.                                  CMI also provides intrastate charter
                                                  —Global maritime training institutions                                                                        passenger services to the public.
                                                                                                          ADDRESSES: Send an original and 10
                                                  —Impact Assessment Exercise for the                                                                              • Durham is a passenger motor carrier
                                                        period of 2012–2015                               copies of any comments referring to
                                                                                                                                                                primarily engaged in providing student
                                                                                                          Docket No. MCF 21072 to: Surface
                                                     Members of the public may attend                                                                           school bus transportation services in
                                                                                                          Transportation Board, 395 E Street SW.,
                                                  this meeting up to the seating capacity                                                                       approximately 32 states under contracts
                                                                                                          Washington, DC 20423–0001. In
                                                  of the room. Upon request to the                        addition, send one copy of comments to                with regional and local school
                                                  meeting coordinator, members of the                     Applicant’s representative: Andrew K.                 jurisdictions. Durham also provides
                                                  public may also participate via                         Light, Scopelitis, Garvin, Light, Hanson              charter passenger services to the public
                                                  teleconference. To facilitate the building              & Feary, P.C., 10 W. Market Street, Suite             (MC–163066).
                                                  security process, and to request                                                                                 • Folmsbee is a passenger motor
                                                                                                          1500, Indianapolis, IN 46204.
                                                  reasonable accommodation, those who                                                                           carrier primarily engaged in providing
                                                                                                          FOR FURTHER INFORMATION CONTACT:
                                                  plan to attend should contact the                                                                             unregulated student school bus
                                                                                                          Nathaniel Bawcombe (202) 245–0376.                    transportation services in the state of
                                                  meeting coordinator, LCDR Tiffany
                                                                                                          Federal Information Relay Service                     New York under contracts with regional
                                                  Duffy, by email at imo@uscg.mil, by
                                                                                                          (FIRS) for the hearing impaired: 1–800–               and local school jurisdictions (MC–
                                                  phone at (202) 372–1376, or in writing
                                                                                                          877–8339.                                             818630).
                                                  at 2703 Martin Luther King Jr. Ave. SE.,
                                                  Stop 7509, Washington, DC 20593–7509                    SUPPLEMENTARY INFORMATION: Applicant,                    • MV is a passenger motor carrier
                                                  not later than September 29. Requests                   a non-carrier, states that it is a holding            primarily engaged in providing student
                                                  made after September 29, 2016 might                     company organized under the laws of                   school bus transportation services in the
                                                                                                          the state of Delaware that is indirectly              state of Missouri under contracts with
                                                  not be able to be accommodated. Please
                                                                                                          controlled by a British corporation,                  regional and local school jurisdictions.
                                                  note that due to security considerations,
                                                                                                          National Express Group, PLC (Express                  MV also provides charter passenger
                                                  two valid, government issued photo
                                                                                                          Group). Applicant states that Express                 services to the public (MC–148934).
                                                  identifications must be presented to
                                                  gain entrance to the Coast Guard
                                                                                                          Group indirectly controls the following                  • NETC is an intrastate passenger
                                                                                                          passenger motor carriers (National                    motor carrier with its principal place of
                                                  Headquarters Building. The Coast Guard
                                                                                                          Express Affiliated Carriers): Beck Bus                business in Cincinnati, Ohio.
                                                  Headquarters Building is accessible by
                                                  taxi, public transportation, and privately
                                                                                                          Transportation Corp. (Beck); Carrier                     • NETSC is a passenger motor carrier
                                                                                                          Management Corporation (CMI);                         engaged primarily in providing
                                                  owned conveyance (upon request).
                                                                                                          Durham School Services, L.P. (Durham);                intrastate transit services in the areas of
                                                  Additional information regarding this
                                                                                                          Folmsbee’s Transportation Inc.                        Westmoreland, Pa.; Arlington, Va.;
                                                  and other IMO public meetings may be
                                                                                                          (Folmsbee); MV Student Transportation,                Greensboro, N.C.; Vallejo, Cal.; and
                                                  found at: www.uscg.mil/imo.
                                                                                                          Inc. (MV); National Express Transit                   Yuma, Ariz.
                                                    Dated: September 7, 2016.                             Corporation (NETC); National Express                     • LTD is a passenger motor carrier
                                                  Jonathan W. Burby,                                      Transit Services Corporation (NETSC);                 primarily engaged in providing non-
                                                  Coast Guard Liaison Officer, Office of Ocean            Petermann Ltd. (LTD); Petermann                       regulated school bus transportation
                                                  and Polar Affairs, Department of State.                 Northeast LLC (Northeast); Petermann                  services in the state of Ohio under
                                                  [FR Doc. 2016–22381 Filed 9–15–16; 8:45 am]             Northwest LLC (Northwest); Petermann                  contracts with regional and local school
                                                  BILLING CODE 4710–09–P                                  Southwest LLC (Southwest); Petermann                  jurisdictions. LTD also provides charter
                                                                                                          STSA, LLC (STSA); The Provider                        passenger services to the public (MC–
                                                                                                          Enterprises, Inc. (Provider); Rainbow                 364668).
                                                  SURFACE TRANSPORTATION BOARD                            Management Service Inc. (Rainbow);                       • Northeast is a passenger motor
                                                                                                          Safeway Training and Transportation                   carrier primarily engaged in providing
                                                  [Docket No. MCF 21072]                                  Services Inc. (Safeway); Septran, Inc.                student school bus transportation
                                                  National Express LLC—Acquisition Of                     (Septran); Smith Bus Service, Inc.                    services, primarily in the states of Ohio
                                                  Control—New Dawn Transit, Llc                           (Smith); Suburban Paratransit Service,                and Pennsylvania under contracts with
                                                                                                          Inc. (Suburban Paratransit); Trans                    regional and local school jurisdictions.
                                                  AGENCY: Surface Transportation Board.                   Express, Inc. (Trans Express); and White              Northeast also provides charter
                                                  ACTION:Notice tentatively approving                     Plains Bus Company, Inc. (White                       passenger services to the public (MC–
mstockstill on DSK3G9T082PROD with NOTICES




                                                  and authorizing finance transaction.                    Plains).                                              723926).
                                                                                                            Applicant alleges the following facts                  • Northwest is a passenger motor
                                                  SUMMARY:  On August 17, 2016, National                  regarding the National Express                        carrier primarily engaged in providing
                                                  Express LLC (National Express or                        Affiliated Carriers held by Express                   non-regulated school bus transportation
                                                  Applicant), a non-carrier, filed an                     Group:                                                services under contracts with regional
                                                  application under 49 U.S.C. 14303 to                      • Beck is a passenger motor carrier                 and local school jurisdictions.
                                                  acquire control of New Dawn Transit,                    primarily engaged in providing student                   • Southwest is a passenger motor
                                                  LLC (New Dawn). The Board is                            school bus transportation services in the             carrier primarily engaged in providing


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                                                                              Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Notices                                          63851

                                                  student school bus transportation                       Seller). Applicant further states that the            asserts that New Dawn is experienced in
                                                  services in the state of Texas under                    Seller has no direct or indirect                      some of the same market segments
                                                  contracts with regional and local school                ownership interest in any other                       already served by some of the National
                                                  jurisdictions. In addition to its core                  interstate passenger motor carrier.                   Express Affiliated Carriers. Applicant
                                                  school bus services, Southwest also                        According to Applicant, New Dawn                   expects the transaction to result in
                                                  provides charter passenger services to                  operates primarily as a provider of non-              operating efficiencies and cost savings
                                                  the public (MC–644996).                                 regulated school bus transportation                   derived from economies of scale, all of
                                                     • STSA is a passenger motor carrier                  services, transporting children to and                which would help to ensure the
                                                  primarily engaged in providing student                  from school throughout the                            provision of adequate service to the
                                                  school bus transportation services,                     metropolitan area of New York City.                   public.
                                                  primarily in the state of Kansas under                  Applicant adds that New Dawn                             Applicant further asserts that the
                                                  contracts with regional and local school                maintains a fleet of 140 buses and has                acquisition of New Dawn would serve to
                                                  jurisdictions. STSA also provides                       approximately 154 drivers, and that it                enhance the viability of the overall
                                                  charter passenger services to the public                also operates as a motor passenger                    National Express organization and the
                                                  (MC–749360).                                            carrier providing charter service to the              operations of the National Express
                                                     • Provider is a passenger motor                      public using its fleet of buses.                      Affiliated Carriers, which would ensure
                                                  carrier doing business as Provider Bus,                    Applicant explains that National                   the continued availability of adequate
                                                  and is primarily engaged in providing                   Express would assume direct 100                       passenger transportation service for the
                                                  non-regulated school bus transportation                 percent control of New Dawn through                   public. (Id.)
                                                  services in the state of New Hampshire                  the membership ownership.                                Applicant also claims that neither
                                                  under contracts with regional and local                    Under 49 U.S.C. 14303(b), the Board                competition nor the public interest
                                                  school jurisdictions.                                   must approve and authorize a                          would be adversely affected. Applicant
                                                     • Rainbow provides interstate and                    transaction that it finds consistent with             states that New Dawn is a relatively
                                                  intrastate charter and special party                    the public interest, taking into                      small carrier in the overall markets in
                                                  passenger transportation services in the                consideration at least: (1) The effect of             which it competes: Unregulated
                                                  state of New York (MC–490015).                          the proposed transaction on the                       metropolitan school bus operations, and
                                                     • Safeway is a passenger motor                       adequacy of transportation to the public;             provider of charter services. Applicant
                                                  carrier primarily engaged in providing                  (2) the total fixed charges that result;              states that school bus operators typically
                                                  non-regulated school bus transportation                 and (3) the interest of affected carrier              occupy a limited portion of the charter
                                                  services in the state of New Hampshire                  employees. Applicant submitted                        business because (i) the equipment
                                                  under contracts with regional and local                 information, as required by 49 CFR                    offered is not as comfortable as that
                                                  school jurisdictions (MC–522039).                       1182.2, including information to                      offered by motor coach operators; and
                                                     • Septran is a passenger motor carrier               demonstrate that the proposed                         (ii) scheduling demands imposed by the
                                                  primarily engaged in providing non-                     transaction is consistent with the public             primary school bus operation impose
                                                  regulated school bus transportation                     interest under 49 U.S.C. 14303(b), and a              major constraints on charter services
                                                  services in the state of Illinois under                 statement that the aggregate gross                    that can be offered. It further explains
                                                  contracts with regional and local school                operating revenues of the National                    that the charter services offered by New
                                                  jurisdictions (MC–795208).                              Express Affiliated Carriers and New                   Dawn are geographically dispersed from
                                                     • Smith is a passenger motor carrier                 Dawn exceeded $2 million for the                      those of the National Express Affiliated
                                                  primarily engaged in providing non-                     preceding 12-month period. See 49                     Carriers, and that there is limited
                                                  regulated school bus transportation                     U.S.C. 14303(g).1                                     overlap in service areas and/or in
                                                  services in the state of Maryland and                      Applicant submits that the proposed                customer bases among the National
                                                  surrounding areas under contracts with                  transaction would have no significant                 Express Affiliated Carriers and New
                                                  regional and local school jurisdictions.                impact on the adequacy of                             Dawn. Thus, Applicant states that the
                                                     • Suburban Paratransit is a motor                    transportation services to the public, as             impact of the contemplated transaction
                                                  carrier providing paratransit services                  New Dawn would continue to provide                    on the regulated motor carrier industry
                                                  primarily in Westchester County and                     the services it currently provides using              would be minimal at most and that
                                                  Bronx, NY.                                              the same names for the foreseeable                    neither competition nor the public
                                                     • Trans Express provides interstate                  future. Applicant states that New Dawn                interest would be adversely affected.
                                                  and intrastate passenger transportation                 ‘‘will continue to operate, but going                    Applicant asserts that there are no
                                                  services in the state of New York (MC–                  forward, it will be operating within the              fixed charges associated with the
                                                  187819).                                                National Express corporate family, an                 contemplated transaction. Applicant
                                                     • White Plains is a passenger motor                  organization already thoroughly                       also states that it does not anticipate a
                                                  carrier that operates primarily as a                    experienced in passenger transportation               measurable reduction in force or
                                                  provider of non-regulated school bus                    operations.’’ (Appl. 12.)                             changes in compensation levels and/or
                                                  transportation services in the State of                    Applicant states that ‘‘[t]he addition             benefits to employees. Applicant
                                                  New York. White Plains also operates as                 of [New Dawn] to the carriers held by                 submits, however, that staffing
                                                  a motor passenger carrier providing                     National Express is consistent with the               redundancies could potentially result in
                                                  charter service to the public (MC–                      practices within the passenger motor                  limited downsizing of back-office or
                                                  160624).                                                carrier industry of strong, well-managed              managerial level personnel.
                                                     Applicant states that New Dawn is a                                                                           The Board finds that the acquisition
                                                                                                          transportation organizations adapting
                                                  New York limited liability company that                                                                       proposed in the application is
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                          their corporate structure to operate
                                                  holds authority from the Federal Motor                                                                        consistent with the public interest and
                                                                                                          several different passenger carriers
                                                  Carrier Safety Administration as a motor                                                                      should be tentatively approved and
                                                                                                          within the same market, but in different
                                                  carrier of passengers (MC–932702).                                                                            authorized. If any opposing comments
                                                                                                          geographic areas.’’ (Id.) Applicant
                                                  Applicant explains that all of the issued                                                                     are timely filed, these findings will be
                                                  and outstanding membership equity                         1 Applicants with gross operating revenues          deemed vacated, and, unless a final
                                                  interest of New Dawn is owned and                       exceeding $2 million are required to meet the         decision can be made on the record as
                                                  held by Indra Fouche, an individual (the                requirements of 49 CFR 1182.                          developed, a procedural schedule will


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                                                  63852                       Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Notices

                                                  be adopted to reconsider the                            generate non-aviation revenue for the                 ACTION: Sixteenth RTCA SC–209
                                                  application. See 49 CFR 1182.6(c). If no                airport. As such, MPA is requesting a                 Working Session and Plenary Session
                                                  opposing comments are filed by the                      release to change the property from                   joint with EUROCAE WG 49, WG 51,
                                                  expiration of the comment period, this                  aeronautical use to non-aeronautical                  and RTCA SC–186.
                                                  notice will take effect automatically and               use. It has been determined through
                                                  will be the final Board action.                         study and master planning that the                    SUMMARY:   The FAA is issuing this notice
                                                     This action is categorically excluded                subject parcel will not be needed for                 to advise the public of a meeting of
                                                  from environmental review under 49                      future aeronautical purposes. Further,                Sixteenth RTCA SC–209 Working
                                                  CFR 1105.6(c).                                          the parcel of land is separated by a road             Session and Plenary Session joint with
                                                     Board decisions and notices are                      and not contiguous to the airport                     EUROCAE WG 49, WG 51, and RTCA
                                                  available on our Web site at                            proper. Full and permanent relief of the              SC–186.
                                                  WWW.STB.GOV.                                            surplus property requirements on this                 DATES: The meeting will be held
                                                     It is ordered:                                       parcel will allow the airport to generate             October 17–21, 2016, 09:00 a.m.–04:30
                                                     1. The proposed transaction is                       long term revenue through lease of the                p.m.
                                                  approved and authorized, subject to the                 land. All lease revenue will continue to              ADDRESSES:    The meeting will be held at:
                                                  filing of opposing comments.                            be subject to the FAAs revenue-use                    RTCA Headquarters, 1150 18th Street
                                                     2. If opposing comments are timely                   policy and dedicated to the                           NW., Suite 910, Washington, DC 20036.
                                                  filed, the findings made in this notice                 maintenance and operation of Hanscom
                                                  will be deemed vacated.                                                                                       FOR FURTHER INFORMATION CONTACT: Al
                                                                                                          Field.
                                                     3. This notice will be effective                                                                           Secen at asecen@rtca.org or 202–330–
                                                                                                          DATES: Comments must be received on
                                                  November 1, 2016, unless opposing                                                                             0647, or The RTCA Secretariat, 1150
                                                                                                          or before October 17, 2016.                           18th Street NW., Suite 910, Washington,
                                                  comments are filed by October 31, 2016.                 ADDRESSES: You may send comments
                                                     4. A copy of this notice will be served                                                                    DC 20036, or by telephone at (202) 833–
                                                                                                          using any of the following methods:                   9339, fax at (202) 833–9434, or Web site
                                                  on: (1) The U.S. Department of                            • Federal eRulemaking Portal: Go to
                                                  Transportation, Federal Motor Carrier                                                                         at http://www.rtca.org.
                                                                                                          http://www.regulations.gov, and follow
                                                  Safety Administration, 1200 New Jersey                                                                        SUPPLEMENTARY INFORMATION: Pursuant
                                                                                                          the instructions on providing
                                                  Avenue SE., Washington, DC 20590; (2)                   comments.                                             to section 10(a)(2) of the Federal
                                                  the U.S. Department of Justice, Antitrust                 • Fax: 202–493–2251.                                Advisory Committee Act (Pub. L. 92–
                                                  Division, 10th Street & Pennsylvania                      • Mail: U.S. Department of                          463, 5 U.S.C. App.), notice is hereby
                                                  Avenue NW., Washington, DC 20530;                       Transportation, Docket Operations,                    given for a meeting of the Sixteenth
                                                  and (3) the U.S. Department of                          M–30, West Building Ground Floor,                     RTCA SC–209 Working Session and
                                                  Transportation, Office of the General                   Room W12–140, 1200 New Jersey                         Plenary Session joint with EUROCAE
                                                  Counsel, 1200 New Jersey Avenue SE.,                    Avenue SE., Washington, DC 20590.                     WG 49, WG 51, and RTCA SC–186. The
                                                  Washington, DC 20590.                                     • Hand Delivery: Deliver to mail                    agenda will include the following:
                                                    Decided: September 12, 2016.                          address above between 9 a.m. and 5                    Monday, October 17th, WG–1 Mode S
                                                    By the Board, Chairman Elliott, Vice                  p.m., Monday through Friday, except                         Transponder MOPS Development
                                                  Chairman Miller, and Commissioner                       Federal holidays.                                     Tuesday, October 18th, WG–1 Mode S
                                                  Begeman.                                                  Interested persons may inspect the                        Transponder MOPS Development
                                                  Kenyatta Clay,                                          request and supporting documents by                   Wednesday, October 19th, WG–1 Mode
                                                                                                          contacting the FAA at the address listed                    S Transponder MOPS Development
                                                  Clearance Clerk.
                                                                                                          under FOR FURTHER INFORMATION                         Thursday, October 20th, WG–1 Mode S
                                                  [FR Doc. 2016–22283 Filed 9–15–16; 8:45 am]
                                                                                                          CONTACT.                                                    Transponder MOPS Development
                                                  BILLING CODE 4915–01–P
                                                                                                          FOR FURTHER INFORMATION CONTACT: Mr.                  Friday, October 21st, Plenary Session
                                                                                                          Jorge E. Panteli, Compliance and Land                       (9:00 a.m.–Noon)
                                                                                                          Use Specialist, Federal Aviation                         1. Host and Co-Chairs Welcome,
                                                  DEPARTMENT OF TRANSPORTATION                                                                                        Introductions, and Remarks
                                                                                                          Administration New England Region
                                                                                                          Airports Division, 1200 District Avenue,                 2. Review of Meeting Agenda
                                                  Federal Aviation Administration                                                                                  3. Review and Approval of the
                                                                                                          Burlington, Massachusetts, Telephone
                                                                                                          781–238–7618.                                               Minutes from Meeting #15 of SC–
                                                  Notice of Opportunity for Public
                                                                                                                                                                      209
                                                  Comment on Land Use Change From                           Issued in Burlington, Massachusetts, on                4. WG–1—ATCRBS/Mode S
                                                  Aeronautical to Non-Aeronautical Use                    September 6, 2016.                                          Transponder
                                                  at Hanscom Field in Bedford, MA                         Mary T. Walsh,                                           D Status of MOPS Revisions
                                                  AGENCY:  Federal Aviation                               Manager, Airports Division.                              5. EUROCAE WG–49—SSR Mode S
                                                  Administration (FAA), DOT.                              [FR Doc. 2016–22137 Filed 9–15–16; 8:45 am]                 Transponders
                                                  ACTION: Request for public comments.                    BILLING CODE 4910–13–P                                   D Status of MOPS Revisions
                                                                                                                                                                   D Update on European Activity
                                                  SUMMARY:   Under the provisions of Title                                                                         6. Other Business
                                                  49, U.S.C. 47153(d), notice is being                    DEPARTMENT OF TRANSPORTATION                             7. Date, Place, and Time of Future
                                                  given that the FAA is considering a                                                                                 Meetings
                                                  request from the Massachusetts Port                     Federal Aviation Administration                          8. Review of Action Items
                                                  Authority (MPA) in East Boston, MA, to                                                                           9. Adjournment
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                          Sixteenth RTCA SC–209 Working
                                                  waive the surplus property                                                                                       Attendance is open to the interested
                                                                                                          Session and Plenary Session Joint
                                                  requirements for approximately 7.1                                                                            public but limited to space availability.
                                                                                                          With EUROCAE WG 49, WG 51, and
                                                  acres of airport property located at                                                                          With the approval of the chairman,
                                                                                                          RTCA SC–186
                                                  Hanscom Field in Bedford, MA.                                                                                 members of the public may present oral
                                                    The subject parcel has been identified                AGENCY: Federal Aviation                              statements at the meeting. Persons
                                                  for commercial development and MPA                      Administration (FAA), U.S. Department                 wishing to present statements or obtain
                                                  will negotiate a long term lease to                     of Transportation (DOT).                              information should contact the person


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Document Created: 2016-09-16 00:25:20
Document Modified: 2016-09-16 00:25:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice tentatively approving and authorizing finance transaction.
DatesComments must be filed by October 31, 2016. Applicant may file a reply by November 15, 2016. If no opposing comments are filed by October 31, 2016, this notice shall be effective on November 1, 2016.
ContactNathaniel Bawcombe (202) 245-0376. Federal Information Relay Service (FIRS) for the hearing impaired: 1- 800-877-8339.
FR Citation81 FR 63850 

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