81 FR 76994 - National Express LLC-Acquisition of Control-Trinity, Inc., Trinity Cars, Inc., and Trinity Student Delivery, LLC
SURFACE TRANSPORTATION BOARD Federal Register Volume 81, Issue 214 (November 4, 2016)
Federal Register Volume 81, Issue 214 (November 4, 2016)
| Page Range | 76994-76997 | |
| FR Document | 2016-26724 |
[Federal Register Volume 81, Number 214 (Friday, November 4, 2016)] [Notices] [Pages 76994-76997] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-26724] ======================================================================= ----------------------------------------------------------------------- SURFACE TRANSPORTATION BOARD [Docket No. MCF 21073] National Express LLC--Acquisition of Control--Trinity, Inc., Trinity Cars, Inc., and Trinity Student Delivery, LLC AGENCY: Surface Transportation Board. ACTION: Notice tentatively approving and authorizing finance transaction. ----------------------------------------------------------------------- SUMMARY: On October 7, 2016, National Express LLC (National Express or Applicant), a noncarrier, filed an application under 49 U.S.C. 14303 to acquire control of Trinity, Inc. (Trinity), Trinity Cars, Inc. (Trinity Cars), and Trinity Student Delivery, LLC (Trinity Student) (collectively, Acquisition Carriers). 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 December 19, 2016. Applicant may file a reply by January 3, 2017. If no opposing comments are filed by December 19, 2016, this notice shall be effective on December 20, 2016. ADDRESSES: Send an original and 10 copies of any comments referring to Docket No. MCF 21073 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: Jonathon Binet (202) 245-0368. Federal Information Relay Service (FIRS) for the hearing impaired: 1-800-877- 8339. SUPPLEMENTARY INFORMATION: Applicant, a noncarrier, 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 (collectively, National Express Affiliated Carriers): Beck Bus Transportation Corp. (Beck); Carrier Management Corporation (CMI); Diamond Transportation Services, Inc. (Diamond); Durham School Services, L.P. (Durham); MV Student Transportation, Inc. (MV); National Express Transit Corporation (NETC); National Express Transit Services Corporation (NETSC); Petermann Ltd. (LTD); Petermann Northeast LLC (Northeast); Petermann Northwest LLC (Northwest); Petermann Southwest LLC (Southwest); Petermann STSA, LLC (STSA); The Provider Enterprises, Inc. (Provider); Rainbow Management Service Inc. (Rainbow); Robertson Transit, Inc. (Robertson); Safeway Training and Transportation Services Inc. (Safeway); Septran, Inc. (Septran); Smith Bus Service, Inc. (Smith); Suburban Paratransit Service, Inc. (Suburban Paratransit); Trans Express, [[Page 76995]] Inc. (Trans Express); and White Plains Bus Company, Inc. (White Plains). Applicant asserts 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. It holds interstate common carrier authority from Federal Motor Carrier Safety Administration under 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. CMI does not have interstate carrier authority as it is not required for the operations conducted by CMI. Diamond is a passenger motor carrier providing exempt interstate and regulated intrastate paratransit and shuttle services in the District of Columbia metropolitan area. It does not have interstate carrier authority. 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. It holds interstate common carrier authority under MC-163066. 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. It holds interstate common carrier authority under MC-148934. NETC is an intrastate passenger motor carrier with its principal place of business in Cincinnati, Ohio. NETC does not have interstate carrier authority. NETSC is a passenger motor carrier engaged primarily in providing intrastate transit services in the areas of Westmoreland, PA; Arlington, VA; Greensboro, NC; Vallejo, CA; and Yuma, AZ. NETSC does not have interstate carrier authority as it is not required for the operations conducted by NETSC. 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. It holds interstate common carrier authority under 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. It holds interstate contract carrier authority under 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. Northwest does not have interstate carrier authority as it is not required for the operations conducted by Northwest. Southwest is a passenger motor carrier primarily engaged in providing student school bus transportation services in the state of Texas under contracts with regional and local school jurisdictions. Southwest also provides charter passenger services to the public. It holds interstate contract carrier authority under 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. It holds interstate contract carrier authority under 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. Provider does not have interstate carrier authority as it is not required for the operations conducted by Provider. Rainbow provides interstate and intrastate charter and special party passenger transportation services in the state of New York. It holds interstate passenger common carrier authority under MC- 490015. Robertson 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. Robertson also provides charter passenger service to the public. It does not have active interstate carrier authority, though MC-176053 is assigned to it. 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. It does not have active interstate carrier authority, though MC-522039 is assigned to it. 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. It does not have active interstate carrier authority, though MC-795208 is assigned to it. 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. Smith does not have interstate carrier authority as it is not required for the operations conducted by Smith. Suburban Paratransit is a motor carrier providing paratransit services primarily in Westchester County and Bronx, N.Y. Suburban Paratransit does not have interstate carrier authority as it is not required for the operations conducted by Suburban Paratransit. Trans Express provides interstate and intrastate passenger transportation services in the state of New York. It holds interstate passenger common carrier authority under MC-187819. White Plains is a passenger motor carrier doing business as Suburban Charters, and it 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. It holds interstate passenger common carrier authority under MC-160624. Applicant asserts the following facts with regard to the Acquisition Carriers: Trinity is a Michigan corporation operating primarily as a provider of non-regulated school bus transportation services in southeastern Michigan, and also operates as a passenger motor carrier providing charter service to the public. Trinity holds common carrier operating authority under MC-364003. Trinity Cars is also a Michigan corporation, operating as an intrastate passenger motor carrier as a provider of for-hire sedan and van service in southeastern Michigan. Trinity Cars holds interstate operating authority under MC-632139. Trinity Student is a Michigan limited liability company and a wholly-owned subsidiary of Trinity. Trinity Student operates primarily as a provider of non-regulated school bus transportation services in the areas of Toledo and Cleveland, Ohio. Trinity [[Page 76996]] Student also provides interstate charter passenger services. For purposes of its interstate passenger operations, Trinity Student holds common and contract carrier operating authority under MC-836335. Applicant states that all of the issued and outstanding stock of Trinity and Trinity Cars is owned and held by Jerry Sheppard, Jr., Trustee of the Jerry Sheppard, Jr. Revocable Inter-Vivos Trust U/A/D Sept. 24, 2003, as amended (Jerry Sheppard Trust), and Rebetha J. Sheppard, Trustee of the Rebetha J. Sheppard Revocable Inter-Vivos Trust U/A/D Sept. 24, 2003, as amended (Rebetha Sheppard Trust) (collectively, Sellers). Applicant asserts that there is one affiliate of the Acquisition Carriers, Trinity Coach, LLC, though it is not a part of the contemplated transaction. Applicant states that Trinity Coach, LLC, is a Michigan limited liability company that is a passenger motor carrier providing interstate services under common carrier authority under MC- 537169. Jerry Sheppard, Jr., individually, holds a 100% membership interest in Trinity Coach, LLC. Applicant further states that, other than the National Express Affiliated Carriers, the Acquisition Carriers, and Trinity Coach, there are no other affiliated carriers with regulated interstate operations, and the Sellers have no other direct or indirect ownership interest in any other interstate passenger motor carrier. Applicant also asserts that it would acquire direct 100% control of Trinity and Trinity Cars through stock ownership, and indirect control of Trinity Student as a wholly-owned subsidiary of Trinity. 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 the Acquisition Carriers 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 the Acquisition Carriers would continue to provide the services they currently provide using the same names for the foreseeable future. Applicant states that the Acquisition Carriers ``will continue to operate, but going forward, will be operating within the National Express corporate family.'' (Appl. 14.) According to Applicant, ``[t]he addition of the Acquisition Carriers 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 the Acquisition Carriers are 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, Applicant states, would help to ensure the provision of adequate service to the public. Applicant further asserts that bringing the Acquisition Carriers within the National Express corporate family would serve to enhance the viability of the overall 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 by the contemplated transaction. Applicant states that the Acquisition Carriers are ``relatively small carriers in the overall markets in which they compete: Unregulated metropolitan school bus operations, providers of charter services, and providers of sedan and van services.'' (Id.) 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 sedan and van services business sector is comprised of a number of providers, with no provider having a dominant market share in the sector. Applicant also explains that the charter and sedan and van services offered by the Acquisition Carriers 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 the Acquisition Carriers. 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 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 December 20, 2016, unless opposing comments are filed by December 19, 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; [[Page 76997]] and (3) the U.S. Department of Transportation, Office of the General Counsel, 1200 New Jersey Avenue SE., Washington, DC 20590. Decided: November 1, 2016. By the Board, Chairman Elliott, Vice Chairman Miller, and Commissioner Begeman. Brendetta S. Jones, Clearance Clerk. [FR Doc. 2016-26724 Filed 11-3-16; 8:45 am] BILLING CODE 4915-01-P
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and password. Matters requiring higher intergovernmental organizations, SUMMARY: On October 7, 2016, National
assurance will require multi-factor relations with non-governmental Express LLC (National Express or
credentials, such as a certificate based organizations, World Maritime Day, Applicant), a noncarrier, filed an
login. Report of the Day of the Seafarer, and application under 49 U.S.C. 14303 to
Dated: October 26, 2016. IMO Maritime Ambassador Scheme) acquire control of Trinity, Inc. (Trinity),
Lisa Aguirre,
—Report on the status of the convention Trinity Cars, Inc. (Trinity Cars), and
and membership of the Organization Trinity Student Delivery, LLC (Trinity
Managing Director, Directorate of Defense
—Report on the status of conventions Student) (collectively, Acquisition
Trade Controls, Department of State.
and other multilateral instruments in Carriers). The Board is tentatively
[FR Doc. 2016–26715 Filed 11–3–16; 8:45 am]
respect of which the Organization approving and authorizing the
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performs functions transaction, and, if no opposing
—Place, date and duration of the next comments are timely filed, this notice
two sessions of the Council and will be the final Board action. Persons
DEPARTMENT OF STATE wishing to oppose the application must
substantive items for inclusion in the
[Public Notice: 9779] provisional agendas for the next two follow the rules at 49 CFR 1182.5 &
sessions of Council (C 118 and C 119) 1182.8.
Notice of Public Meeting —Supplementary agenda items, if any DATES: Comments must be filed by
The Department of State will conduct Members of the public may attend December 19, 2016. Applicant may file
an open meeting at 9:00 a.m. on this meeting up to the seating capacity a reply by January 3, 2017. If no
November 9, 2016, in Room 5L18–01 of of the room. To facilitate the building opposing comments are filed by
the Douglas A. Munro Coast Guard security process, and to request December 19, 2016, this notice shall be
Headquarters Building at St. Elizabeth’s, reasonable accommodation, those who effective on December 20, 2016.
2703 Martin Luther King Jr. Avenue SE., plan to attend should contact the ADDRESSES: Send an original and 10
Washington, DC 20593. The primary meeting coordinator, LCDR Tiffany copies of any comments referring to
purpose of the meeting is to prepare for Duffy, by email at Tiffany.A.Duffy@ Docket No. MCF 21073 to: Surface
the one hundred and seventeenth uscg.mil, by phone at (202) 372–1362, Transportation Board, 395 E Street SW.,
session of the International Maritime by fax at (202) 372–1925, or in writing Washington, DC 20423–0001. In
Organization’s (IMO) Council to be held at 2703 Martin Luther King Jr. Ave. SE., addition, send one copy of comments to
at the IMO Headquarters, United Stop 7509, Washington, DC 20593–7509 Applicant’s representative: Andrew K.
Kingdom, December 5–9, 2016. not later than November 2, 2016. Light, Scopelitis, Garvin, Light, Hanson
The agenda items to be considered Requests made after November 2, 2016 & Feary, P.C., 10 W. Market Street, Suite
include: might not be able to be accommodated. 1500, Indianapolis, IN 46204.
—Adoption of the agenda Please note that due to security FOR FURTHER INFORMATION CONTACT:
—Report of the Secretary-General on considerations, two valid, government Jonathon Binet (202) 245–0368. Federal
credentials issued photo identifications must be Information Relay Service (FIRS) for the
—Rules of Procedure of the Council presented to gain entrance to Coast hearing impaired: 1–800–877–8339.
—Strategy, planning and reform Guard Headquarters. It is recommended SUPPLEMENTARY INFORMATION: Applicant,
—Resource management (Human that attendees arrive to Coast Guard a noncarrier, states that it is a holding
resource matters, report on Headquarters no later than 30 minutes company organized under the laws of
investments, budget considerations ahead of the scheduled meeting for the the state of Delaware that is indirectly
for 2016–2017, Results-based budget: security screening process. Coast Guard controlled by a British corporation,
Outline of budgetary implications for Headquarters is accessible by taxi and National Express Group, PLC (Express
2018–2019) public transportation. Parking in the Group). Applicant states that Express
—IMO Member State Audit Scheme vicinity of the building is extremely Group indirectly controls the following
—Consideration of the report to the limited. Additional information passenger motor carriers (collectively,
Marine Environmental Protection regarding this and other IMO public National Express Affiliated Carriers):
—Consideration of the report of the meetings may be found at: Beck Bus Transportation Corp. (Beck);
Technical Cooperation Committee www.uscg.mil/imo. Carrier Management Corporation (CMI);
—Technical Cooperation Fund: Report Dated: October 21, 2016. Diamond Transportation Services, Inc.
on activities of the 2015 programme Jonathan W. Burby, (Diamond); Durham School Services,
—IMO International Maritime Law L.P. (Durham); MV Student
Coast Guard Liaison Officer, Office of Ocean
Institute and Polar Affairs, Department of State. Transportation, Inc. (MV); National
—Report on the 38th Consultative Express Transit Corporation (NETC);
[FR Doc. 2016–26716 Filed 11–3–16; 8:45 am]
Meeting of Contracting Parties to the National Express Transit Services
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London Convention 1972 and the Corporation (NETSC); Petermann Ltd.
11th Meeting of Contracting Parties to (LTD); Petermann Northeast LLC
the 1996 Protocol to the London (Northeast); Petermann Northwest LLC
Convention SURFACE TRANSPORTATION BOARD (Northwest); Petermann Southwest LLC
—Protection of vital shipping lanes (Southwest); Petermann STSA, LLC
—Periodic review of administrative [Docket No. MCF 21073] (STSA); The Provider Enterprises, Inc.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
requirements in mandatory IMO (Provider); Rainbow Management
instruments National Express LLC—Acquisition of Service Inc. (Rainbow); Robertson
—Principles to be considered in the Control—Trinity, Inc., Trinity Cars, Inc., Transit, Inc. (Robertson); Safeway
review of existing requirements and and Trinity Student Delivery, LLC Training and Transportation Services
the development of new requirements AGENCY: Surface Transportation Board. Inc. (Safeway); Septran, Inc. (Septran);
—External relations (With the U.N. and Smith Bus Service, Inc. (Smith);
ACTION:Notice tentatively approving
the specialized agencies, Joint Suburban Paratransit Service, Inc.
and authorizing finance transaction.
Inspection Unit, relations with (Suburban Paratransit); Trans Express,
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Student also provides interstate charter million for the preceding 12-month is comprised of a number of providers,
passenger services. For purposes of its period. See 49 U.S.C. 14303(g).1 with no provider having a dominant
interstate passenger operations, Trinity Applicant submits that the proposed market share in the sector. Applicant
Student holds common and contract transaction would have no significant also explains that the charter and sedan
carrier operating authority under MC– impact on the adequacy of and van services offered by the
836335. transportation services to the public, as Acquisition Carriers are geographically
the Acquisition Carriers would continue dispersed from those of the National
Applicant states that all of the issued to provide the services they currently Express Affiliated Carriers, and that
and outstanding stock of Trinity and provide using the same names for the there is limited overlap in service areas
Trinity Cars is owned and held by Jerry foreseeable future. Applicant states that and/or in customer bases among the
Sheppard, Jr., Trustee of the Jerry the Acquisition Carriers ‘‘will continue National Express Affiliated Carriers and
Sheppard, Jr. Revocable Inter-Vivos to operate, but going forward, will be the Acquisition Carriers. Thus,
Trust U/A/D Sept. 24, 2003, as amended operating within the National Express Applicant states that the impact of the
(Jerry Sheppard Trust), and Rebetha J. corporate family.’’ (Appl. 14.) contemplated transaction on the
Sheppard, Trustee of the Rebetha J. According to Applicant, ‘‘[t]he regulated motor carrier industry would
Sheppard Revocable Inter-Vivos Trust addition of the Acquisition Carriers to be minimal at most and that neither
U/A/D Sept. 24, 2003, as amended the carriers held by National Express is competition nor the public interest
(Rebetha Sheppard Trust) (collectively, consistent with the practices within the would be adversely affected.
Sellers). passenger motor carrier industry of Applicant asserts that there are no
strong, well-managed transportation fixed charges associated with the
Applicant asserts that there is one
organizations adapting their corporate contemplated transaction. Applicant
affiliate of the Acquisition Carriers, structure to operate several different also states that it does not anticipate a
Trinity Coach, LLC, though it is not a passenger carriers within the same measurable reduction in force or
part of the contemplated transaction. market, but in different geographic changes in compensation levels and/or
Applicant states that Trinity Coach, areas.’’ (Id.) Applicant asserts that the benefits to employees. Applicant
LLC, is a Michigan limited liability Acquisition Carriers are experienced in submits, however, that staffing
company that is a passenger motor some of the same market segments redundancies could potentially result in
carrier providing interstate services already served by some of the National limited downsizing of back-office or
under common carrier authority under Express Affiliated Carriers. Applicant managerial level personnel.
MC–537169. Jerry Sheppard, Jr., expects the transaction to result in The Board finds that the acquisition
individually, holds a 100% membership operating efficiencies and cost savings proposed in the application is
interest in Trinity Coach, LLC. derived from economies of scale, all of consistent with the public interest and
Applicant further states that, other which, Applicant states, would help to should be tentatively approved and
than the National Express Affiliated ensure the provision of adequate service authorized. If any opposing comments
Carriers, the Acquisition Carriers, and to the public. Applicant further asserts are timely filed, these findings will be
Trinity Coach, there are no other that bringing the Acquisition Carriers deemed vacated, and, unless a final
within the National Express corporate decision can be made on the record as
affiliated carriers with regulated
family would serve to enhance the developed, a procedural schedule will
interstate operations, and the Sellers
viability of the overall organization and be adopted to reconsider the
have no other direct or indirect the operations of the National Express application. See 49 CFR 1182.6(c). If no
ownership interest in any other Affiliated Carriers, which would ensure opposing comments are filed by the
interstate passenger motor carrier. the continued availability of adequate expiration of the comment period, this
Applicant also asserts that it would passenger transportation service for the notice will take effect automatically and
acquire direct 100% control of Trinity public. (Id.) will be the final Board action.
and Trinity Cars through stock Applicant also claims that neither This action is categorically excluded
ownership, and indirect control of competition nor the public interest from environmental review under 49
Trinity Student as a wholly-owned would be adversely affected by the CFR 1105.6(c).
subsidiary of Trinity. contemplated transaction. Applicant Board decisions and notices are
states that the Acquisition Carriers are available on our Web site at
Under 49 U.S.C. 14303(b), the Board ‘‘relatively small carriers in the overall ‘‘WWW.STB.GOV’’.
must approve and authorize a markets in which they compete: It is ordered:
transaction that it finds consistent with Unregulated metropolitan school bus 1. The proposed transaction is
the public interest, taking into operations, providers of charter services, approved and authorized, subject to the
consideration at least: (1) The effect of and providers of sedan and van filing of opposing comments.
the proposed transaction on the services.’’ (Id.) Applicant states that 2. If opposing comments are timely
adequacy of transportation to the public; school bus operators typically occupy a filed, the findings made in this notice
(2) the total fixed charges that result; limited portion of the charter business will be deemed vacated.
and (3) the interest of affected carrier because (i) the equipment offered is not 3. This notice will be effective
employees. Applicant submitted as comfortable as that offered by motor December 20, 2016, unless opposing
information, as required by 49 CFR coach operators; and (ii) scheduling comments are filed by December 19,
2016.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
1182.2, including information to demands imposed by the primary
4. A copy of this notice will be served
demonstrate that the proposed school bus operation impose major
on: (1) The U.S. Department of
transaction is consistent with the public constraints on charter services that can
Transportation, Federal Motor Carrier
interest under 49 U.S.C. 14303(b), and a be offered. It further explains that the
Safety Administration, 1200 New Jersey
statement that the aggregate gross sedan and van services business sector
Avenue SE., Washington, DC 20590; (2)
operating revenues of the National the U.S. Department of Justice, Antitrust
1 Applicants with gross operating revenues
Express Affiliated Carriers and the Division, 10th Street & Pennsylvania
exceeding $2 million are required to meet the
Acquisition Carriers exceeded $2 requirements of 49 CFR 1182. Avenue NW., Washington, DC 20530;
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and (3) the U.S. Department of Issued in Washington, DC, on October 31, improvement of roadway access to the
Transportation, Office of the General 2016. airport by realigning Robin Hood Road.
Counsel, 1200 New Jersey Avenue SE., Elliott Black, Other associated infrastructure was
Washington, DC 20590. Director, Office of Airport Planning and proposed for construction or demolition
Programming. or relocation including taxiways,
Decided: November 1, 2016.
[FR Doc. 2016–26630 Filed 11–3–16; 8:45 am] lighting, hangers, maintenance facilities,
By the Board, Chairman Elliott, Vice runway safety areas and runway
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Chairman Miller, and Commissioner protection zones.
Begeman. In 2001, the FAA began preparing an
Brendetta S. Jones, DEPARTMENT OF TRANSPORTATION EIS for similar projects based on the
Clearance Clerk. need to accommodate additional
[FR Doc. 2016–26724 Filed 11–3–16; 8:45 am] Federal Aviation Administration operations at the airport. During the first
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EIS process, the needs of the airport
Notice of Cancellation of changed and it was determined that the
Environmental Impact Statement for projects were no longer justified based
the Norfolk International Airport, on the stated need and the preparation
Norfolk, Virginia of the first EIS was cancelled. In 2013,
DEPARTMENT OF TRANSPORTATION
AGENCY: Federal Aviation the FAA agreed to proceed with a
Federal Aviation Administration Administration (FAA), DOT. phased second EIS preparation to
review a similar project proposed by the
ACTION: Notice of cancellation of
Norfolk Airport Authority. The first
[Docket No. FAA–2016–9346] preparation of environmental impact
phase of the project consisted of
statement.
consultant selection, EIS scoping, and
Passenger Facility Charge (PFC)
SUMMARY: The Federal Aviation an analysis of the proposed project’s
Program; Draft FAA Order 5500.1B
Administration (FAA) announces that it purpose and need to determine if the
has discontinued preparation of an FAA should continue to the second
AGENCY:Federal Aviation
Environmental Impact Statement (EIS) phase, which would be completion of
Administration (FAA), DOT.
for the proposed construction of new the EIS and determination.
ACTION: Notice of withdrawal. Runway 5R/23L and associated At the conclusion of the first phase of
development at Norfolk International the second EIS, the FAA determined
SUMMARY: FAA is rescinding the draft Airport, Norfolk, Virginia. The FAA’s that the fundamental purpose and need
FAA Order 5500.1B, Passenger Facility discontinued preparation of the EIS is of the projects were not supported by
Charge published on August 5, 2016, based upon the completion of the first the current or anticipated needs of the
and withdrawing its request for public phase of the EIS. Based on the results of airport. The FAA is now terminating the
review and comment. the first phase (Scoping and Purpose & second EIS process. However, the FAA
Need development), the FAA has recognizes the importance of ORF to the
DATES: The FAA previously extended greater Norfolk/Hampton Roads region
determined that the fundamental
the comment period to October 31, and to the Commonwealth of Virginia.
purpose and need is not supported by
2016. FAA subsequently established a Moreover, the FAA agrees that a parallel
the current or anticipated development
public Docket FAA 2016–9346 and runway may still be a viable long-term
needs of the Airport at this time.
comments received will be entered into plan for the future, if and when
FOR FURTHER INFORMATION CONTACT:
the public Docket. operational demand warrants.
Marcus Brundage, Environmental Therefore, the FAA continues to support
FOR FURTHER INFORMATION CONTACT: Joe Protection Specialist, Federal Aviation the proposed runway remaining on the
Hebert, Manager, Financial Analysis Administration, Washington Airports approved Airport Layout Plan, as
and Passenger Facility Charge Branch, District Office, 23723 Air Freight Lane, conditionally approved pending
APP–510, Federal Aviation Suite 210, Dulles, Virginia 20166; environmental review on October 5,
Administration, 800 Independence Telephone (703) 661–1365. 2011, and protecting the associated
Avenue SW., Washington, DC 20591, SUPPLEMENTARY INFORMATION: On June airspace.
telephone (202) 267–8375; facsimile 12, 2015, the FAA, published in the
Issued in Dulles, Virginia on October 28,
(202) 267–5302. Federal Register a Notice of Intent (NOI) 2016.
SUPPLEMENTARY INFORMATION: On August to prepare an Environmental Impact
Matthew J. Thys,
Statement (EIS) and hold two public
5, 2016, the FAA published a notice and Manager, Washington Airports District Office,
scoping meetings in Norfolk and
request for comments titled ‘‘Passenger Eastern Region.
Virginia Beach, Virginia (Volume 80,
Facility Charge (PFC) Program; Draft [FR Doc. 2016–26631 Filed 11–3–16; 8:45 am]
Number 113, FR 33582–33583). The
FAA Order 5500.1B’’ (81 FR 51963). The BILLING CODE 4910–13–P
public meetings were held at the
notice requested interested parties
Bayside High School and at the Holiday
submit written comments by September
Inn Norfolk Airport on July 22 and 23, DEPARTMENT OF TRANSPORTATION
30, 2016. On September 21, 2016, the 2015, respectively.
FAA extended the original comment The stated purpose of the project was
asabaliauskas on DSK3SPTVN1PROD with NOTICES
period by 31 days, from September 30, Federal Transit Administration
to ‘‘meet relevant FAA airfield safety
2016, to October 31, 2016. standards and enhance airfield safety [Docket No. FTA–2016–0036]
After careful consideration, the FAA without reducing runway availability.’’
Notice of Proposed Buy America
has decided to rescind the draft Order The proposed project included the
Waiver for Replacement Parts on
and cancel the public review process. decommissioning and demolition of
Diesel Multiple Unit Rail Vehicles
The FAA will issue a revised draft in Runway 14/32, the construction of new
the near future for public review and Runway 5R/23L and associated AGENCY: Federal Transit Administration,
comment. development at the airport, and DOT.
VerDate Sep<11>2014 17:52 Nov 03, 2016 Jkt 241001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\04NON1.SGM 04NON1](https://thefederalregister.org/doc/81_FR_77208/page/4.svg)
Document Created: 2018-02-14 08:27:23
Document Modified: 2018-02-14 08:27:23
| 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 December 19, 2016. Applicant may file a reply by January 3, 2017. If no opposing comments are filed by December 19, 2016, this notice shall be effective on December 20, 2016. | |
| Contact | Jonathon Binet (202) 245-0368. Federal Information Relay Service (FIRS) for the hearing impaired: 1-800-877- 8339. | |
| FR Citation | 81 FR 76994 |
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