82_FR_52307 82 FR 52091 - National Express LLC-Acquisition of Control-Queen City Transportation, LLC

82 FR 52091 - National Express LLC-Acquisition of Control-Queen City Transportation, LLC

SURFACE TRANSPORTATION BOARD

Federal Register Volume 82, Issue 216 (November 9, 2017)

Page Range52091-52094
FR Document2017-24429

On October 13, 2017, National Express LLC (National Express or Applicant), a noncarrier, filed an application under to acquire control of Queen City Transportation, LLC (Queen City). 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.

Federal Register, Volume 82 Issue 216 (Thursday, November 9, 2017)
[Federal Register Volume 82, Number 216 (Thursday, November 9, 2017)]
[Notices]
[Pages 52091-52094]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24429]


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SURFACE TRANSPORTATION BOARD

[Docket No. MCF 21078]


National Express LLC--Acquisition of Control--Queen City 
Transportation, LLC

AGENCY: Surface Transportation Board.

ACTION: Notice tentatively approving and authorizing finance 
transaction.

-----------------------------------------------------------------------

SUMMARY: On October 13, 2017, National Express LLC (National Express or 
Applicant), a noncarrier, filed an application under to acquire control 
of Queen City Transportation, LLC (Queen

[[Page 52092]]

City). 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.

DATES: Comments must be filed by December 26, 2017. Applicant may file 
a reply by January 8, 2018. If no opposing comments are filed by 
December 26, 2017, this notice shall be effective on December 27, 2017.

ADDRESSES: Send an original and 10 copies of any comments referring to 
Docket No. MCF 21078 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 1400, 
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 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, d/b/a 
Matthews Bus Company (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); National Express 
Transit--Yuma (NETY); Petermann Ltd. (Petermann); 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, Inc. (Trans Express); Trinity, Inc. 
(Trinity); Trinity Cars, Inc. (Trinity Cars); Trinity Coach LLC 
(Trinity Coach); Trinity Student Delivery LLC (Trinity Student); and 
White Plains Bus Company, Inc., d/b/a Suburban Charters (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 state of 
Illinois under contracts with regional and local school jurisdictions. 
Beck also provides charter passenger services to the public. It holds 
interstate carrier authority from Federal Motor Carrier Safety 
Administration (FMCSA) 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 several states 
under contracts with regional and local school jurisdictions. Durham 
also provides charter passenger services to the public. It holds 
interstate carrier authority under MC-163066.
     MV is a passenger motor carrier primarily engaged in 
providing student school bus transportation services in the state of 
Illinois under contracts with regional and local school jurisdictions. 
MV also provides charter passenger services to the public. It holds 
interstate 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, N.C.; Jackson, Miss.; Orlando, Fla.; 
and Vallejo, Cal. NETSC does not have interstate carrier authority as 
it is not required for the operations conducted by NETSC.
     NETY is a passenger motor carrier primarily engaged in 
providing interstate paratransit services in the area of Yuma, Ariz. It 
holds interstate carrier authority under FMCSA Docket No. 960629.
     Petermann 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. Petermann also provides charter passenger services to 
the public. It holds interstate 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 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 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 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 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

[[Page 52093]]

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 
carrier authority under MC-187819.
     Trinity is passenger motor carrier engaged in providing 
non-regulated school bus transportation services in southeastern 
Michigan, and also operates charter service to the public. Trinity 
holds interstate carrier authority under MC-364003.
     Trinity Cars is an intrastate passenger motor carrier 
providing for-hire sedan and van service in southeastern Michigan. It 
does not have active interstate carrier authority, though MC-632139 is 
assigned to it.
     Trinity Coach is a passenger motor carrier providing 
intrastate private and charter motor coach services in the state of 
Michigan. It does not have active interstate carrier authority, though 
MC-537169 is assigned to it.
     Trinity Student is a passenger motor carrier primarily 
engaged in providing non-regulated school bus transportation services 
in the areas of Toledo and Cleveland, Ohio. Trinity Student also 
provides charter passenger services. It holds interstate carrier 
authority under MC-836335.
     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 carrier authority 
under MC-160624.
    Applicant asserts the following facts about Queen City:
     Queen City is an Ohio limited liability company. It 
operates primarily as a provider of non-regulated school bus 
transportation services in the area of Cincinnati, Ohio. Queen City 
also provides interstate and intrastate charter services under the 
assumed names, Charter Bus Services and Klug Bus Services. For purposes 
of its interstate passenger operations, it holds interstate carrier 
authority under MC-163846.
    Applicant states that all of the issued and outstanding membership 
interest of Queen City is owned and held by Haid Acquisitions LLC 
(Seller), an Ohio limited liability company, of which Aaron M. Haid, an 
individual, is the sole member. Applicant further states that neither 
the Seller nor Mr. Haid has any direct or indirect ownership interest 
in any other interstate passenger motor carrier and that Queen City is 
not affiliated with any other passenger carriers that have interstate 
operating authority.
    Applicant asserts that National Express would acquire all of the 
outstanding membership interest in Queen City, resulting in 100% 
control of Queen City through the membership acquisition. Applicant 
further states that, other than the National Express Affiliated 
Carriers and Queen City, there are no other affiliated carriers with 
regulated interstate operations that are involved in this application.
    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), see 49 CFR 1182.2(a)(7), and a statement that the aggregate 
gross operating revenues of the National Express Affiliated Carriers 
and Queen City exceeded $2 million for the preceding 12-month period 
consistent with 49 U.S.C. 14303(g), see 49 CFR 1182.2(a)(5).
    Applicant submits that the proposed transaction would have no 
material impact on the adequacy of transportation services to the 
public, as Queen City would continue to provide the services it 
currently provides using the same names. Applicant states that Queen 
City ``will continue to operate, but going forward, will be operating 
within the National Express corporate family, an organization already 
thoroughly experienced in passenger transportation operations.'' (Appl. 
14.)
    According to Applicant, ``[t]he addition of Queen City 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 Queen 
City 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, Applicant states, would 
help to ensure the provision of adequate service to the public. (Id.) 
Applicant further asserts that bringing Queen City 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 Queen City is ``a relatively small carrier in the 
overall markets in which it competes: unregulated metropolitan school 
bus operations and regulated motor coach passenger charter services.'' 
(Id. at 16.) Applicant states that, with respect to Queen City's school 
bus operations, it competes directly with First Student, Inc., and 
other school bus service providers in the Cincinnati metropolitan area. 
It further explains that there are a number of motor coach passenger 
charter services in the Cincinnati metropolitan area, resulting in a 
very competitive market. (Id.) Applicant also explains that there is 
limited overlap in service areas and/or in customer bases among the 
National Express Affiliated Carriers and Queen City. (Id.) 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

[[Page 52094]]

the public interest would be adversely affected.
    Applicant asserts that there are no significant 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 or benefits to employees. Applicant submits, 
however, that staffing redundancies could 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 27, 2017, unless opposing 
comments are filed by December 26, 2017.
    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: November 3, 2017.

    By the Board, Board Members Begeman and Miller.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2017-24429 Filed 11-8-17; 8:45 am]
 BILLING CODE 4915-01-P



                                                                           Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Notices                                                 52091

                                                Villa Cayo Saetia (Gaviota)                             TECNOTEX—Empresa Cubana                               ADESA/ASAT—Agencia Servicios
                                                Villa Pinares de Mayari (Gaviota)                         Exportadora e Importadora de                          Aduanales (Customs Services)
                                                                                                          Servicios, Artı́culos y Productos                   Inmobiliaria CIMEX (Real Estate)
                                                Hotels in Jardines del Rey
                                                                                                          Técnicos Especializados                            Inversiones CIMEX
                                                Hotel Playa Coco Plus (Gaviota)                         XETID—Empresa de Tecnologı́as de la                   Ron Caney (Rum Production)
                                                Iberostar Playa Pilar (Gaviota)                           Información Para La Defensa                        Ron Varadero (Rum Production)
                                                Meliá Jardines del Rey (Gaviota)                       PLAMEC—Empresa Militar Industrial                     Telecable (Satellite Television)
                                                Memories Caribe (Gaviota)                                 Ignacio Agramonte                                   Datacimex
                                                Pestana Cayo Coco (Gaviota)                             Empresa Militar Industrial Astilleros
                                                                                                          Astimar                                             Additional Subentities of GAESA
                                                Hotels in Topes de Collantes
                                                                                                        Empresa Militar Industrial Astilleros                 GRAFOS (Advertising)
                                                Hostal Los Helechos (Gaviota)                             Centro                                              Empresa Inmobiliaria Almest (Real
                                                Los Helechos (Gaviota)                                  CAHOMA—Empresa Militar Industrial                       Estate)
                                                Villa Caburni (Gaviota)                                   Comandante Ernesto Che Guevara                      Sociedad Mercantin Inmobiliaria Caribe
                                                Tourist Agencies                                        DEGOR—Empresa Militar Industrial                        (Real Estate)
                                                                                                          Desembarco Del Granma                               RAFIN S.A. (Financial Services)
                                                Gaviota Tours                                           CORCEL—Empresa Militar Industrial                     TECNOIMPORT
                                                Crucero del Sol                                           Emilio Barcenas Pier                                UCM—Unión de Construcciones
                                                Marinas                                                 NAZCA—Empresa Militar Industrial                        Militares
                                                                                                          Granma                                              ANTEX—Corporación Antillana
                                                Marina Gaviota Cabo de San Antonio                      CASEG—Empresa Militar Industrial                        Exportadora
                                                 (Pinar del Rio)                                          Transporte Occidente                                Almacenes Universales (AUSA)
                                                Marina Gaviota Cayo Coco (Jardines del                  Empresa Militar Industrial Yuri Gagarin               Dirección Integrada Proyecto Mariel
                                                 Rey)                                                   UAM—Unión Agropecuaria Militar                         (DIP)
                                                Marina Gaviota Las Brujas (Cayos de                     CUBAGRO—Empresa Comercializadora                      Terminal de Contenedores de Mariel,
                                                 Villa Clara)                                             y Exportadora de Productos                            S.A.
                                                Marina Gaviota Puerto Vita (Holguı́n)                     Agropecuarios y Agroindustriales                    Terminal de Contenedores de la Habana
                                                Marina Gaviota Varadero (Varadero)                      ULAEX—Unión Latinoamericana de                         (TCH)
                                                Stores in Old Havana                                      Explosivos                                          Zona Especial de Desarrollo Mariel
                                                                                                        TECAL—Empresa de Tecnologı́as                           (ZEDM)
                                                Casa del Abanico (Habaguanex)                             Alternativas
                                                Colección Habana (Habaguanex)                                                                                Zona Especial de Desarrollo y
                                                                                                        ACERPROT—Agencia de Certificación y                    Actividades Logı́sticas (ZEDAL)
                                                Florerı́a Jardı́n Wagner (Habaguanex)                     Consultorı́a de Seguridad y Protección
                                                Joyerı́a Coral Negro (CIMEX)—                           ETASE—Empresa de Transporte y                         Additional Subentities of Gaviota
                                                  Additional locations throughout Cuba                    Aseguramiento                                       AT Comercial
                                                La Casa del Regalo (Habaguanex)                         AGROMIN—Grupo Empresarial                             PhotoService
                                                San Ignacio 415 (Habaguanex)                              Agropecuario del Ministerio del                     Producciones TRIMAGEN S.A. (Tiendas
                                                Soldadito de Plomo (Habaguanex)                           Interior                                              Trimagen)
                                                Tienda El Navegante (Habaguanex)                        SEPSA—Servicios Especializados de                     Manzana de Gomez (Shopping Mall)
                                                Tienda Muñecos de Leyenda                                Protección
                                                  (Habaguanex)                                          Ferreterı́a TRASVAL                                   Additional Subentities of Habaguanex
                                                Tienda Museo El Reloj Cuervo y                          EMIAT—Empresa Importadora                             Sociedad Mercantil Cubana Inmobiliaria
                                                  Sobrinos (Habaguanex)                                   Exportadora de Abastecimientos                        Fenix S.A. (Real Estate)
                                                Entities Directly Serving the Defense                     Técnicos                                              Dated: November 2, 2017.
                                                and Security Sectors                                    APCI—Agencia de Protección Contra
                                                                                                                                                              Brian McFeeters,
                                                                                                          Incendios
                                                CIDAI—Centro de Investigación y                        Impresos de Seguridad                                 Acting Assistant Secretary, Bureau of
                                                  Desarrollo de Armamento de                                                                                  Economic and Business Affairs, Department
                                                                                                        PNR—Policı́a Nacional Revolucionaria
                                                  Infanterı́a                                                                                                 of State.
                                                                                                        DSE—Departamento de Seguridad del
                                                MECATRONICS—Centro de                                     Estado                                              [FR Doc. 2017–24449 Filed 11–8–17; 8:45 am]
                                                  Investigación y Desarrollo de                        TGF—Tropas de Guardafronteras                         BILLING CODE 4710–AE–P
                                                  Electrónica y Mecánica                              OIBS—Organización Integración para el
                                                SIMPRO—Centro de Investigación y                         Bienestar Social
                                                  Desarrollo de Simuladores                             PROVARI—Empresa de Producciones                       SURFACE TRANSPORTATION BOARD
                                                CIDAO—Centro de Investigación y                          Varias
                                                  Desarrollo del Armamento de                                                                                 [Docket No. MCF 21078]
                                                                                                        DATYS—Empresa Para El Desarrollo De
                                                  Artillerı́a e Instrumentos Ópticos y                   Aplicaciones, Tecnologı́as Y Sistemas               National Express LLC—Acquisition of
                                                  Ópticos Electrónicos
                                                                                                        Additional Subentities of CIMEX                       Control—Queen City Transportation,
                                                DCM TRANS—Centro de Investigación
                                                                                                                                                              LLC
                                                  y Desarrollo del Transporte                           Publicitaria Imagen (Advertising)
                                                GELCOM—Centro de Investigación y                       Cachito (Beverage Manufacturer)                       AGENCY: Surface Transportation Board.
                                                  Desarrollo Grito de Baire
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        Jupiña (Beverage Manufacturer)                       ACTION:Notice tentatively approving
                                                CID NAV—Centro de Investigación y                      Najita (Beverage Manufacturer)                        and authorizing finance transaction.
                                                  Desarrollo Naval                                      Tropicola (Beverage Manufacturer)
                                                TECNOPRO—Empresa Militar                                ECUSE—Empresa Cubana de Servicios                     SUMMARY:  On October 13, 2017, National
                                                  Industrial ‘‘G.B. Francisco Cruz                      Contex (Fashion)                                      Express LLC (National Express or
                                                  Bourzac’’                                             La Maisón (Fashion)                                  Applicant), a noncarrier, filed an
                                                YABO—Empresa Militar Industrial                         Zona Especializada de Logı́stica y                    application under to acquire control of
                                                  Coronel Francisco Aguiar Rodrı́guez                     Comercio (ZELCOM)                                   Queen City Transportation, LLC (Queen


                                           VerDate Sep<11>2014   17:32 Nov 08, 2017   Jkt 244001   PO 00000   Frm 00054   Fmt 4703   Sfmt 4703   E:\FR\FM\09NON1.SGM   09NON1


                                                52092                      Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Notices

                                                City). The Board is tentatively                            Applicant asserts the following facts                 • Petermann is a passenger motor
                                                approving and authorizing the                           regarding the National Express                        carrier primarily engaged in providing
                                                transaction, and, if no opposing                        Affiliated Carriers held by Express                   non-regulated school bus transportation
                                                comments are timely filed, this notice                  Group:                                                services in the state of Ohio under
                                                will be the final Board action.                            • Beck is a passenger motor carrier                contracts with regional and local school
                                                DATES: Comments must be filed by                        primarily engaged in providing student                jurisdictions. Petermann also provides
                                                December 26, 2017. Applicant may file                   school bus transportation services in the             charter passenger services to the public.
                                                a reply by January 8, 2018. If no                       state of Illinois under contracts with                It holds interstate carrier authority
                                                opposing comments are filed by                          regional and local school jurisdictions.              under MC–364668.
                                                December 26, 2017, this notice shall be                 Beck also provides charter passenger                     • Northeast is a passenger motor
                                                effective on December 27, 2017.                         services to the public. It holds interstate           carrier primarily engaged in providing
                                                                                                        carrier authority from Federal Motor                  student school bus transportation
                                                ADDRESSES: Send an original and 10
                                                                                                        Carrier Safety Administration (FMCSA)                 services, primarily in the states of Ohio
                                                copies of any comments referring to                     under MC–143528.                                      and Pennsylvania under contracts with
                                                Docket No. MCF 21078 to: Surface
                                                                                                           • CMI is a passenger motor carrier                 regional and local school jurisdictions.
                                                Transportation Board, 395 E Street SW.,                                                                       Northeast also provides charter
                                                                                                        doing business as Matthews Bus
                                                Washington, DC 20423–0001. In                                                                                 passenger services to the public. It holds
                                                                                                        Company and is primarily engaged in
                                                addition, send one copy of comments to                                                                        interstate carrier authority under MC–
                                                                                                        providing student school bus
                                                Applicant’s representative: Andrew K.                                                                         723926.
                                                                                                        transportation services in the state of
                                                Light, Scopelitis, Garvin, Light, Hanson                                                                         • Northwest is a passenger motor
                                                                                                        Pennsylvania under contracts with
                                                & Feary, P.C., 10 W. Market Street, Suite                                                                     carrier primarily engaged in providing
                                                                                                        regional and local school jurisdictions.
                                                1400, Indianapolis, IN 46204.                                                                                 non-regulated school bus transportation
                                                                                                        CMI also provides intrastate charter
                                                FOR FURTHER INFORMATION CONTACT:                        passenger services to the public. CMI                 services under contracts with regional
                                                Nathaniel Bawcombe (202) 245–0376.                      does not have interstate carrier authority            and local school jurisdictions.
                                                Federal Information Relay Service                       as it is not required for the operations              Northwest does not have interstate
                                                (FIRS) for the hearing impaired: 1–800–                 conducted by CMI.                                     carrier authority as it is not required for
                                                877–8339.                                                  • Diamond is a passenger motor                     the operations conducted by Northwest.
                                                SUPPLEMENTARY INFORMATION: Applicant,                   carrier providing exempt interstate and                  • Southwest is a passenger motor
                                                a noncarrier, states that it is a holding               regulated intrastate paratransit and                  carrier primarily engaged in providing
                                                company organized under the laws of                     shuttle services in the District of                   student school bus transportation
                                                the state of Delaware that is indirectly                Columbia metropolitan area. It does not               services in the state of Texas under
                                                controlled by a British corporation,                    have interstate carrier authority.                    contracts with regional and local school
                                                National Express Group, PLC (Express                       • Durham is a passenger motor carrier              jurisdictions. Southwest also provides
                                                Group). Applicant states that Express                   primarily engaged in providing student                charter passenger services to the public.
                                                Group indirectly controls the following                 school bus transportation services in                 It holds interstate carrier authority
                                                passenger motor carriers (collectively,                 several states under contracts with                   under MC–644996.
                                                National Express Affiliated Carriers):                  regional and local school jurisdictions.                 • STSA is a passenger motor carrier
                                                Beck Bus Transportation Corp. (Beck);                   Durham also provides charter passenger                primarily engaged in providing student
                                                Carrier Management Corporation, d/b/a                   services to the public. It holds interstate           school bus transportation services,
                                                Matthews Bus Company (CMI);                             carrier authority under MC–163066.                    primarily in the state of Kansas under
                                                Diamond Transportation Services, Inc.                      • MV is a passenger motor carrier                  contracts with regional and local school
                                                (Diamond); Durham School Services,                      primarily engaged in providing student                jurisdictions. STSA also provides
                                                L.P. (Durham); MV Student                               school bus transportation services in the             charter passenger services to the public.
                                                Transportation, Inc. (MV); National                     state of Illinois under contracts with                It holds interstate carrier authority
                                                Express Transit Corporation (NETC);                     regional and local school jurisdictions.              under MC–749360.
                                                National Express Transit Services                       MV also provides charter passenger                       • Provider is a passenger motor
                                                Corporation (NETSC); National Express                   services to the public. It holds interstate           carrier doing business as Provider Bus,
                                                Transit—Yuma (NETY); Petermann Ltd.                     carrier authority under MC–148934.                    and is primarily engaged in providing
                                                (Petermann); Petermann Northeast LLC                       • NETC is an intrastate passenger                  non-regulated school bus transportation
                                                (Northeast); Petermann Northwest LLC                    motor carrier with its principal place of             services in the state of New Hampshire
                                                (Northwest); Petermann Southwest LLC                    business in Cincinnati, Ohio. NETC                    under contracts with regional and local
                                                (Southwest); Petermann STSA, LLC                        does not have interstate carrier                      school jurisdictions. Provider does not
                                                (STSA); The Provider Enterprises, Inc.                  authority.                                            have interstate carrier authority as it is
                                                (Provider); Rainbow Management                             • NETSC is a passenger motor carrier               not required for the operations
                                                Service Inc. (Rainbow); Robertson                       engaged primarily in providing                        conducted by Provider.
                                                Transit, Inc. (Robertson); Safeway                      intrastate transit services in the areas of              • Rainbow provides interstate and
                                                Training and Transportation Services                    Westmoreland, Pa.; Arlington, Va.;                    intrastate charter and special party
                                                Inc. (Safeway); Septran, Inc. (Septran);                Greensboro, N.C.; Jackson, Miss.;                     passenger transportation services in the
                                                Smith Bus Service, Inc. (Smith);                        Orlando, Fla.; and Vallejo, Cal. NETSC                state of New York. It holds interstate
                                                Suburban Paratransit Service, Inc.                      does not have interstate carrier authority            carrier authority under MC–490015.
                                                (Suburban Paratransit); Trans Express,                  as it is not required for the operations                 • Robertson is a passenger motor
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                                                Inc. (Trans Express); Trinity, Inc.                     conducted by NETSC.                                   carrier primarily engaged in providing
                                                (Trinity); Trinity Cars, Inc. (Trinity                     • NETY is a passenger motor carrier                non-regulated school bus transportation
                                                Cars); Trinity Coach LLC (Trinity                       primarily engaged in providing                        services in the state of New Hampshire
                                                Coach); Trinity Student Delivery LLC                    interstate paratransit services in the area           under contracts with regional and local
                                                (Trinity Student); and White Plains Bus                 of Yuma, Ariz. It holds interstate carrier            school jurisdictions. Robertson also
                                                Company, Inc., d/b/a Suburban Charters                  authority under FMCSA Docket No.                      provides charter passenger service to the
                                                (White Plains).                                         960629.                                               public. It does not have active interstate


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                                                                           Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Notices                                          52093

                                                carrier authority, though MC–176053 is                  provider of non-regulated school bus                  impact on the adequacy of
                                                assigned to it.                                         transportation services in the state of               transportation services to the public, as
                                                   • Safeway is a passenger motor                       New York. White Plains also operates as               Queen City would continue to provide
                                                carrier primarily engaged in providing                  a motor passenger carrier providing                   the services it currently provides using
                                                non-regulated school bus transportation                 charter service to the public. It holds               the same names. Applicant states that
                                                services in the state of New Hampshire                  interstate carrier authority under MC–                Queen City ‘‘will continue to operate,
                                                under contracts with regional and local                 160624.                                               but going forward, will be operating
                                                school jurisdictions. It does not have                     Applicant asserts the following facts              within the National Express corporate
                                                active interstate carrier authority,                    about Queen City:                                     family, an organization already
                                                though MC–522039 is assigned to it.                        • Queen City is an Ohio limited                    thoroughly experienced in passenger
                                                   • Septran is a passenger motor carrier               liability company. It operates primarily              transportation operations.’’ (Appl. 14.)
                                                primarily engaged in providing non-                     as a provider of non-regulated school                    According to Applicant, ‘‘[t]he
                                                regulated school bus transportation                     bus transportation services in the area of            addition of Queen City to the carriers
                                                services in the state of Illinois under                 Cincinnati, Ohio. Queen City also                     held by National Express is consistent
                                                contracts with regional and local school                provides interstate and intrastate charter            with the practices within the passenger
                                                jurisdictions. It does not have active                  services under the assumed names,                     motor carrier industry of strong, well-
                                                interstate carrier authority, though MC–                Charter Bus Services and Klug Bus                     managed transportation organizations
                                                795208 is assigned to it.                               Services. For purposes of its interstate              adapting their corporate structure to
                                                   • Smith is a passenger motor carrier                 passenger operations, it holds interstate             operate several different passenger
                                                primarily engaged in providing non-                     carrier authority under MC–163846.                    carriers within the same market, but in
                                                regulated school bus transportation                        Applicant states that all of the issued            different geographic areas.’’ (Id.)
                                                services in the state of Maryland and                   and outstanding membership interest of                Applicant asserts that Queen City is
                                                surrounding areas under contracts with                  Queen City is owned and held by Haid                  experienced in some of the same market
                                                regional and local school jurisdictions.                Acquisitions LLC (Seller), an Ohio                    segments already served by some of the
                                                Smith does not have interstate carrier                  limited liability company, of which                   National Express Affiliated Carriers.
                                                authority as it is not required for the                 Aaron M. Haid, an individual, is the                  Applicant expects the transaction to
                                                operations conducted by Smith.                          sole member. Applicant further states                 result in operating efficiencies and cost
                                                   • Suburban Paratransit is a motor                    that neither the Seller nor Mr. Haid has              savings derived from economies of
                                                carrier providing paratransit services                  any direct or indirect ownership interest             scale, all of which, Applicant states,
                                                primarily in Westchester County and                     in any other interstate passenger motor               would help to ensure the provision of
                                                Bronx, N.Y. Suburban Paratransit does                   carrier and that Queen City is not                    adequate service to the public. (Id.)
                                                not have interstate carrier authority as it             affiliated with any other passenger                   Applicant further asserts that bringing
                                                is not required for the operations                      carriers that have interstate operating               Queen City within the National Express
                                                conducted by Suburban Paratransit.                      authority.                                            corporate family would serve to
                                                   • Trans Express provides interstate                     Applicant asserts that National                    enhance the viability of the overall
                                                and intrastate passenger transportation                 Express would acquire all of the                      organization and the operations of the
                                                services in the state of New York. It                   outstanding membership interest in                    National Express Affiliated Carriers,
                                                holds interstate carrier authority under                Queen City, resulting in 100% control of              which would ensure the continued
                                                MC–187819.                                              Queen City through the membership                     availability of adequate passenger
                                                   • Trinity is passenger motor carrier                 acquisition. Applicant further states                 transportation service for the public.
                                                engaged in providing non-regulated                      that, other than the National Express                 (Id.)
                                                school bus transportation services in                   Affiliated Carriers and Queen City, there                Applicant also claims that neither
                                                southeastern Michigan, and also                         are no other affiliated carriers with                 competition nor the public interest
                                                operates charter service to the public.                 regulated interstate operations that are              would be adversely affected by the
                                                Trinity holds interstate carrier authority              involved in this application.                         contemplated transaction. Applicant
                                                under MC–364003.                                           Under 49 U.S.C. 14303(b), the Board                states that Queen City is ‘‘a relatively
                                                   • Trinity Cars is an intrastate                      must approve and authorize a                          small carrier in the overall markets in
                                                passenger motor carrier providing for-                  transaction that it finds consistent with             which it competes: unregulated
                                                hire sedan and van service in                           the public interest, taking into                      metropolitan school bus operations and
                                                southeastern Michigan. It does not have                 consideration at least: (1) The effect of             regulated motor coach passenger charter
                                                active interstate carrier authority,                    the proposed transaction on the                       services.’’ (Id. at 16.) Applicant states
                                                though MC–632139 is assigned to it.                     adequacy of transportation to the public;             that, with respect to Queen City’s school
                                                   • Trinity Coach is a passenger motor                 (2) the total fixed charges that result;              bus operations, it competes directly
                                                carrier providing intrastate private and                and (3) the interest of affected carrier              with First Student, Inc., and other
                                                charter motor coach services in the state               employees. Applicant submitted                        school bus service providers in the
                                                of Michigan. It does not have active                    information, as required by 49 CFR                    Cincinnati metropolitan area. It further
                                                interstate carrier authority, though MC–                1182.2, including information to                      explains that there are a number of
                                                537169 is assigned to it.                               demonstrate that the proposed                         motor coach passenger charter services
                                                   • Trinity Student is a passenger                     transaction is consistent with the public             in the Cincinnati metropolitan area,
                                                motor carrier primarily engaged in                      interest under 49 U.S.C. 14303(b), see 49             resulting in a very competitive market.
                                                providing non-regulated school bus                      CFR 1182.2(a)(7), and a statement that                (Id.) Applicant also explains that there
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                                                transportation services in the areas of                 the aggregate gross operating revenues                is limited overlap in service areas and/
                                                Toledo and Cleveland, Ohio. Trinity                     of the National Express Affiliated                    or in customer bases among the National
                                                Student also provides charter passenger                 Carriers and Queen City exceeded $2                   Express Affiliated Carriers and Queen
                                                services. It holds interstate carrier                   million for the preceding 12-month                    City. (Id.) Thus, Applicant states that
                                                authority under MC–836335.                              period consistent with 49 U.S.C.                      the impact of the contemplated
                                                   • White Plains is a passenger motor                  14303(g), see 49 CFR 1182.2(a)(5).                    transaction on the regulated motor
                                                carrier doing business as Suburban                         Applicant submits that the proposed                carrier industry would be minimal at
                                                Charters, and it operates primarily as a                transaction would have no material                    most and that neither competition nor


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                                                52094                      Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Notices

                                                the public interest would be adversely                  DEPARTMENT OF TRANSPORTATION                          West Building Ground Floor at 1200
                                                affected.                                                                                                     New Jersey Avenue SE., Washington,
                                                   Applicant asserts that there are no                  Federal Aviation Administration                       DC, between 9 a.m. and 5 p.m., Monday
                                                significant fixed charges associated with               [Summary Notice No. PE–2017–92]                       through Friday, except Federal holidays.
                                                the contemplated transaction. Applicant                                                                       FOR FURTHER INFORMATION CONTACT:
                                                also states that it does not anticipate a               Petition for Exemption; Summary of                    Deana Stedman, AIR–673, Federal
                                                measurable reduction in force or                        Petition Received                                     Aviation Administration, 1601 Lind
                                                changes in compensation levels or                                                                             Avenue SW., Renton, WA 98057–3356,
                                                                                                        AGENCY:  Federal Aviation
                                                benefits to employees. Applicant                                                                              email deana.stedman@faa.gov, phone
                                                                                                        Administration (FAA), DOT.
                                                submits, however, that staffing                                                                               (425) 227–2148; or Alphonso
                                                                                                        ACTION: Notice of petition for exemption              Pendergrass, ARM–200, Office of
                                                redundancies could result in limited
                                                                                                        received.                                             Rulemaking, Federal Aviation
                                                downsizing of back-office or managerial
                                                level personnel.                                        SUMMARY:   This notice contains a                     Administration, 800 Independence
                                                                                                        summary of a petition seeking relief                  Avenue SW., Washington, DC 20591,
                                                   The Board finds that the acquisition
                                                                                                        from specified requirements of Federal                email alphonso.pendergrass@faa.gov,
                                                proposed in the application is
                                                                                                        Aviation Regulations. The purpose of                  phone (202) 267–4713.
                                                consistent with the public interest and
                                                                                                        this notice is to improve the public’s                  This notice is published pursuant to
                                                should be tentatively approved and
                                                                                                        awareness of, and participation in, this              14 CFR 11.85.
                                                authorized. If any opposing comments
                                                are timely filed, these findings will be                aspect of the FAA’s regulatory activities.              Issued in Renton, Washington, on
                                                deemed vacated, and, unless a final                     Neither publication of this notice nor                November 3, 2017.
                                                decision can be made on the record as                   the inclusion or omission of information              Victor Wicklund,
                                                developed, a procedural schedule will                   in the summary is intended to affect the              Manager, Transport Standards Branch.
                                                be adopted to reconsider the                            legal status of the petition or its final
                                                                                                        disposition.                                          Petition for Exemption
                                                application. See 49 CFR 1182.6(c). If no
                                                opposing comments are filed by the                      DATES:  Comments on this petition must                  Docket No.: FAA–2012–1137.
                                                expiration of the comment period, this                  identify the petition docket number                     Petitioner: The Boeing Company.
                                                notice will take effect automatically and               involved and must be received on or                     Section of 14 CFR Affected:
                                                will be the final Board action.                         before November 29, 2017.                             §§ 25.901(c) and 25.981(a)(3).
                                                   This action is categorically excluded                ADDRESSES: Send comments identified
                                                                                                                                                                Description of Relief Sought: The
                                                from environmental review under 49                      by docket number FAA–2012–1137                        Boeing Company has requested a 96-
                                                CFR 1105.6(c).                                          using any of the following methods:                   month extension to the existing Time-
                                                                                                          • Federal eRulemaking Portal: Go to                 Limited Partial Grant of Exemption
                                                   Board decisions and notices are                                                                            10905 for the Fuel Quantity Indication
                                                available on our Web site at                            http://www.regulations.gov and follow
                                                                                                        the online instructions for sending your              System on all Model 737–600/–700/–
                                                ‘‘WWW.STB.GOV’’.                                                                                              700C/–800/–900/–900ER (737 NG)
                                                                                                        comments electronically.
                                                   It is ordered:                                                                                             commercial airplane production
                                                                                                          • Mail: Send comments to Docket
                                                   1. The proposed transaction is                       Operations, M–30; U.S. Department of                  through 2019, and a small number of
                                                approved and authorized, subject to the                 Transportation (DOT), 1200 New Jersey                 737–700 military platforms based on the
                                                filing of opposing comments.                            Avenue SE., Room W12–140, West                        Model 737 NG through 2025.
                                                                                                        Building Ground Floor, Washington, DC                 [FR Doc. 2017–24386 Filed 11–8–17; 8:45 am]
                                                   2. If opposing comments are timely
                                                filed, the findings made in this notice                 20590–0001.                                           BILLING CODE 4910–13–P

                                                will be deemed vacated.                                   • Hand Delivery or Courier: Take
                                                                                                        comments to Docket Operations in
                                                   3. This notice will be effective                                                                           DEPARTMENT OF TRANSPORTATION
                                                                                                        Room W12–140 of the West Building
                                                December 27, 2017, unless opposing
                                                                                                        Ground Floor at 1200 New Jersey
                                                comments are filed by December 26,                                                                            Federal Aviation Administration
                                                                                                        Avenue SE., Washington, DC, between 9
                                                2017.
                                                                                                        a.m. and 5 p.m., Monday through                       Notice of Intent To Rule on Change in
                                                   4. A copy of this notice will be served              Friday, except Federal holidays.                      Use of Aeronautical Property at
                                                on: (1) The U.S. Department of                            • Fax: Fax comments to Docket                       Laurinburg-Maxton Airport, Maxton,
                                                Transportation, Federal Motor Carrier                   Operations at 202–493–2251.                           NC
                                                Safety Administration, 1200 New Jersey                    Privacy: In accordance with 5 U.S.C.
                                                Avenue SE., Washington, DC 20590; (2)                   553(c), DOT solicits comments from the                AGENCY: Federal Aviation
                                                the U.S. Department of Justice, Antitrust               public to better inform its rulemaking                Administration (FAA), DOT.
                                                Division, 10th Street & Pennsylvania                    process. DOT posts these comments,                    ACTION: Notice.
                                                Avenue NW., Washington, DC 20530;                       without edit, including any personal
                                                and (3) the U.S. Department of                          information the commenter provides, to                SUMMARY:   The Federal Aviation
                                                Transportation, Office of the General                   http://www.regulations.gov, as                        Administration (FAA) is requesting
                                                Counsel, 1200 New Jersey Avenue SE.,                    described in the system of records                    public comment on a request by the
                                                Washington, DC 20590.                                   notice (DOT/ALL–14 FDMS), which can                   Laurinburg-Maxton Airport
                                                                                                        be reviewed at http://www.dot.gov/                    Commission, on behalf of the airport
sradovich on DSK3GMQ082PROD with NOTICES




                                                  Decided: November 3, 2017.
                                                  By the Board, Board Members Begeman                   privacy.                                              Sponsor (the City of Laurinburg and the
                                                and Miller.                                               Docket: Background documents or                     Town of Maxton), to change a portion of
                                                                                                        comments received may be read at                      airport property from aeronautical to
                                                Tammy Lowery,
                                                                                                        http://www.regulations.gov at any time.               non-aeronautical use at the Laurinburg-
                                                Clearance Clerk.                                        Follow the online instructions for                    Maxton Airport. The request consists of
                                                [FR Doc. 2017–24429 Filed 11–8–17; 8:45 am]             accessing the docket or go to the Docket              release of approximately 10.66 acres to
                                                BILLING CODE 4915–01–P                                  Operations in Room W12–140 of the                     Scotland County Economic


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Document Created: 2018-10-25 10:29:52
Document Modified: 2018-10-25 10:29:52
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 December 26, 2017. Applicant may file a reply by January 8, 2018. If no opposing comments are filed by December 26, 2017, this notice shall be effective on December 27, 2017.
ContactNathaniel Bawcombe (202) 245-0376. Federal Information Relay Service (FIRS) for the hearing impaired: 1- 800-877-8339.
FR Citation82 FR 52091 

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