83 FR 13001 - Larry Ferguson d/b/a Transouth Motorcoach, LLC-Acquisition of Control-C & H Bus Lines, Inc.
SURFACE TRANSPORTATION BOARD Federal Register Volume 83, Issue 58 (March 26, 2018)
Federal Register Volume 83, Issue 58 (March 26, 2018)
| Page Range | 13001-13002 | |
| FR Document | 2018-06050 |
[Federal Register Volume 83, Number 58 (Monday, March 26, 2018)] [Notices] [Pages 13001-13002] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-06050] ======================================================================= ----------------------------------------------------------------------- SURFACE TRANSPORTATION BOARD [Docket No. MCF 21081] Larry Ferguson d/b/a Transouth Motorcoach, LLC--Acquisition of Control--C & H Bus Lines, Inc. AGENCY: Surface Transportation Board. ACTION: Notice tentatively approving and authorizing finance transaction. ----------------------------------------------------------------------- SUMMARY: On February 27, 2018, Larry Ferguson d/b/a TranSouth Motorcoach, LLC (TranSouth) filed an application to acquire C & H Bus Lines, Inc. (C&H). TranSouth and C&H are each federally registered, passenger motor carriers incorporated and registered in Georgia. 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 Board rules. DATES: Comments must be filed by May 10, 2018. Applicant may file a reply by May 25, 2018. If no opposing comments are filed by May 10, 2018, this notice shall be applicable on May 11, 2018. ADDRESSES: Send an original and 10 copies of any comments referring to Docket No. MCF 21081 to: Surface Transportation Board, 395 E Street SW, Washington, DC 20423-0001. In addition, send one copy of comments to: J. Hatcher Graham, J. Hatcher Graham, P.C., 303 Pheasant Ridge, Warner Robins, GA 31088. FOR FURTHER INFORMATION CONTACT: Jonathon Binet at (202) 245-0368. Federal Information Relay Service (FIRS) for the hearing impaired: 1- 800-877-8339. SUPPLEMENTARY INFORMATION: TranSouth is a motor carrier licensed by the Federal Motor Carrier Safety Administration (FMCSA) (MC-465826) that provides motor carrier passenger services in Georgia. TranSouth is wholly owned by Larry Ferguson and operates eight to nine passenger vehicles and utilizes 18 drivers. (Appl. 3, Ex. 1, Motor Carrier Identification Report.) \1\ --------------------------------------------------------------------------- \1\ Concurrent with its application, TranSouth also filed, in Docket No. MCF 21081 TA, a request under 49 U.S.C. 14303(i) to operate the assets to be acquired on an interim basis pending approval of the acquisition. The Board addresses that request in a separate decision issued concurrently with this decision. --------------------------------------------------------------------------- C&H is also a federally-registered motor carrier of passengers (MC- 114957). In providing its passenger services to the public, C&H utilizes 18-20 passenger vehicles and 22 drivers. (Appl. 3, Ex. 2, FMCSA Safety Measurement System Data.) The stock in C&H is owned by members of the Cullens family: George L. Cullens, Sr.; George L. Cullens, Jr.; Edna F. Cullens; and Jerri J. Cullens. (Appl. 3, Ex. 3, Signatures and Certifications.) \2\ --------------------------------------------------------------------------- \2\ Although not mentioned in the application, both TranSouth and C&H are listed as ``interstate'' passenger carriers in their FMCSA registrations. --------------------------------------------------------------------------- TranSouth states that, under the proposed transaction, all of the outstanding stock in C&H would be acquired by Larry Ferguson. According to TranSouth, the parties have signed a Letter of Intent, deposited earnest money, and drafted and signed a Stock Purchase Agreement. TranSouth further states that final closing will occur upon interim or final Board approval.\3\ --------------------------------------------------------------------------- \3\ As noted in Larry Ferguson--Acquisition of Control--C & H Bus Lines, Inc., MCF 21081 TA, concurrently served with this decision, the Board reminds TranSouth that a grant of interim approval is temporary, and that final closing cannot occur until final Board approval. The grant of interim approval permits TranSouth only to operate the property of C&H until final Board approval. --------------------------------------------------------------------------- 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. TranSouth has submitted the information 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, pursuant to 49 U.S.C. 14303(g), that TranSouth and C&H exceeded $2 million in gross operating revenues for the preceding 12-month period.\4\ --------------------------------------------------------------------------- \4\ Parties must certify that the transaction involves carriers whose aggregate gross operating revenues exceed $2 million, as required under 49 CFR 1182.2(a)(5). --------------------------------------------------------------------------- TranSouth states that the proposed transaction would not have a material, detrimental impact on the adequacy of transportation services to the public but rather would improve services to the public. According to TranSouth, the [[Page 13002]] proposed transaction would allow for more efficient and productive management, modernizations of both rolling stock and maintenance equipment, and consolidation of debt structures. TranSouth states that the transaction would result in better service and savings in fares to the public. Also, TranSouth states that the proposed transaction would allow both companies to serve and expand their customer bases, thereby increasing the number of their employees in operations and maintenance. TranSouth further asserts that the proposed transaction would not adversely affect competition or the public interest. According to TranSouth, its and C&H's service areas include the following: The entire Middle Georgia area; the cities of Macon, Savannah, Valdosta, Cordele, Forsyth, and Dublin; and the southern area of suburban Atlanta (the Service Area). TranSouth states that competition is robust with at least eight other companies providing motor coach passenger services within a 50-mile radius of the Service Area. Also, TranSouth states that the Atlanta metropolitan area is within 80 miles of the Service Area and has numerous entities that compete with both TranSouth and C&H. On the basis of the application, the Board finds that the proposed acquisition of control 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 website 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 May 11, 2018, unless opposing comments are filed by May 10, 2018. 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: March 20, 2018. By the Board, Board Members Begeman and Miller. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2018-06050 Filed 3-23-18; 8:45 am] BILLING CODE 4915-01-P
![Federal Register / Vol. 83, No. 58 / Monday, March 26, 2018 / Notices 13001
2018. Any person who wishes to file a 2017–021 and should be submitted on utilizes 18 drivers. (Appl. 3, Ex. 1,
rebuttal to any other person’s or before April 16, 2018. Rebuttal Motor Carrier Identification Report.) 1
submission must file that rebuttal by comments should be submitted by April C&H is also a federally-registered
April 30, 2018. 30, 2018. motor carrier of passengers (MC–
The Commission asks that For the Commission, by the Division of
114957). In providing its passenger
commenters address the sufficiency of Trading and Markets, pursuant to delegated services to the public, C&H utilizes 18–
DTC’s statements in support of the authority.32 20 passenger vehicles and 22 drivers.
Proposed Rule Change, which are set Eduardo A. Aleman, (Appl. 3, Ex. 2, FMCSA Safety
forth in the Notice,31 in addition to any Measurement System Data.) The stock
Assistant Secretary.
other comments they may wish to in C&H is owned by members of the
[FR Doc. 2018–06018 Filed 3–23–18; 8:45 am]
submit about the Proposed Rule Change. Cullens family: George L. Cullens, Sr.;
Comments may be submitted by any BILLING CODE 8011–01–P
George L. Cullens, Jr.; Edna F. Cullens;
of the following methods: and Jerri J. Cullens. (Appl. 3, Ex. 3,
Electronic Comments Signatures and Certifications.) 2
SURFACE TRANSPORTATION BOARD TranSouth states that, under the
• Use the Commission’s internet proposed transaction, all of the
comment form (http://www.sec.gov/ [Docket No. MCF 21081] outstanding stock in C&H would be
rules/sro.shtml); or acquired by Larry Ferguson. According
• Send an email to rule-comments@ Larry Ferguson d/b/a Transouth to TranSouth, the parties have signed a
sec.gov. Please include File Number SR– Motorcoach, LLC—Acquisition of Letter of Intent, deposited earnest
DTC–2017–021 on the subject line. Control—C & H Bus Lines, Inc. money, and drafted and signed a Stock
Paper Comments Purchase Agreement. TranSouth further
AGENCY: Surface Transportation Board. states that final closing will occur upon
• Send paper comments in triplicate ACTION:Notice tentatively approving interim or final Board approval.3
to Secretary, Securities and Exchange and authorizing finance transaction. Under 49 U.S.C. 14303(b), the Board
Commission, 100 F Street NE, must approve and authorize a
Washington, DC 20549–1090. SUMMARY: On February 27, 2018, Larry transaction that it finds consistent with
All submissions should refer to File Ferguson d/b/a TranSouth Motorcoach, the public interest, taking into
Number SR–DTC–2017–021. This file LLC (TranSouth) filed an application to consideration at least: (1) The effect of
number should be included on the acquire C & H Bus Lines, Inc. (C&H). the proposed transaction on the
subject line if email is used. To help the TranSouth and C&H are each federally adequacy of transportation to the public;
Commission process and review your registered, passenger motor carriers (2) the total fixed charges that result;
comments more efficiently, please use incorporated and registered in Georgia. and (3) the interest of affected carrier
only one method. The Commission will The Board is tentatively approving and employees. TranSouth has submitted
post all comments on the Commission’s authorizing the transaction and, if no the information required by 49 CFR
internet website (http://www.sec.gov/ opposing comments are timely filed, 1182.2, including information to
rules/sro.shtml). Copies of the this notice will be the final Board demonstrate that the proposed
submission, all subsequent action. Persons wishing to oppose the transaction is consistent with the public
amendments, all written statements application must follow Board rules. interest under 49 U.S.C. 14303(b) and a
with respect to the Proposed Rule DATES: Comments must be filed by May statement, pursuant to 49 U.S.C.
Change that are filed with the 10, 2018. Applicant may file a reply by 14303(g), that TranSouth and C&H
Commission, and all written May 25, 2018. If no opposing comments exceeded $2 million in gross operating
communications relating to the are filed by May 10, 2018, this notice revenues for the preceding 12-month
Proposed Rule Change between the shall be applicable on May 11, 2018. period.4
Commission and any person, other than TranSouth states that the proposed
ADDRESSES: Send an original and 10
those that may be withheld from the transaction would not have a material,
copies of any comments referring to
public in accordance with the detrimental impact on the adequacy of
Docket No. MCF 21081 to: Surface
provisions of 5 U.S.C. 552, will be transportation services to the public but
Transportation Board, 395 E Street SW,
available for website viewing and rather would improve services to the
Washington, DC 20423–0001. In
printing in the Commission’s Public public. According to TranSouth, the
addition, send one copy of comments to:
Reference Room, 100 F Street NE,
J. Hatcher Graham, J. Hatcher Graham,
Washington, DC 20549 on official 1 Concurrent with its application, TranSouth also
P.C., 303 Pheasant Ridge, Warner filed, in Docket No. MCF 21081 TA, a request under
business days between the hours of
Robins, GA 31088. 49 U.S.C. 14303(i) to operate the assets to be
10:00 a.m. and 3:00 p.m. Copies of the acquired on an interim basis pending approval of
filing also will be available for FOR FURTHER INFORMATION CONTACT:
the acquisition. The Board addresses that request in
inspection and copying at the principal Jonathon Binet at (202) 245–0368. a separate decision issued concurrently with this
office of DTC and on DTCC’s website Federal Information Relay Service decision.
(http://dtcc.com/legal/sec-rule- (FIRS) for the hearing impaired: 1–800– 2 Although not mentioned in the application, both
877–8339. TranSouth and C&H are listed as ‘‘interstate’’
filings.aspx). All comments received passenger carriers in their FMCSA registrations.
will be posted without change. Persons SUPPLEMENTARY INFORMATION: TranSouth 3 As noted in Larry Ferguson—Acquisition of
submitting comments are cautioned that is a motor carrier licensed by the Control—C & H Bus Lines, Inc., MCF 21081 TA,
Federal Motor Carrier Safety concurrently served with this decision, the Board
sradovich on DSK3GMQ082PROD with NOTICES
we do not redact or edit personal reminds TranSouth that a grant of interim approval
identifying information from comment Administration (FMCSA) (MC–465826) is temporary, and that final closing cannot occur
submissions. You should submit only that provides motor carrier passenger until final Board approval. The grant of interim
information that you wish to make services in Georgia. TranSouth is wholly approval permits TranSouth only to operate the
owned by Larry Ferguson and operates property of C&H until final Board approval.
available publicly. All submissions 4 Parties must certify that the transaction involves
should refer to File Number SR–DTC– eight to nine passenger vehicles and
carriers whose aggregate gross operating revenues
exceed $2 million, as required under 49 CFR
31 See Notice, supra note 4. 32 17 CFR 200.30–3(a)(57). 1182.2(a)(5).
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![13002 Federal Register / Vol. 83, No. 58 / Monday, March 26, 2018 / Notices
proposed transaction would allow for Avenue SE, Washington, DC 20590; (2) petitioned NHTSA on July 10, 2017,
more efficient and productive the U.S. Department of Justice, Antitrust pursuant to 49 U.S.C. 30118(d) and
management, modernizations of both Division, 10th Street & Pennsylvania 30120(h) and 49 CFR part 556, for an
rolling stock and maintenance Avenue NW, Washington, DC 20530; exemption from the notification and
equipment, and consolidation of debt and (3) the U.S. Department of remedy requirements of 49 U.S.C.
structures. TranSouth states that the Transportation, Office of the General Chapter 301 on the basis that this
transaction would result in better Counsel, 1200 New Jersey Avenue SE, noncompliance is inconsequential as it
service and savings in fares to the Washington, DC 20590. relates to motor vehicle safety.
public. Also, TranSouth states that the Decided: March 20, 2018.
Notice of receipt of the petition was
proposed transaction would allow both published, with a 30-day public
By the Board, Board Members Begeman
companies to serve and expand their and Miller.
comment period, on September 22,
customer bases, thereby increasing the 2017, in the Federal Register (82 FR
Jeffrey Herzig,
number of their employees in operations 44488). No comments were received. To
Clearance Clerk. view the petition and all supporting
and maintenance.
TranSouth further asserts that the [FR Doc. 2018–06050 Filed 3–23–18; 8:45 am] documents log onto the Federal Docket
proposed transaction would not BILLING CODE 4915–01–P Management System (FDMS) website at:
adversely affect competition or the http://www.regulations.gov/. Then
public interest. According to TranSouth, follow the online search instructions to
its and C&H’s service areas include the DEPARTMENT OF TRANSPORTATION locate docket number ‘‘NHTSA–2017–
following: The entire Middle Georgia 0071.’’
area; the cities of Macon, Savannah, National Highway Traffic Safety II. Tires Involved: Approximately
Valdosta, Cordele, Forsyth, and Dublin; Administration 5,408 Falken truck tires (Model RI151),
and the southern area of suburban [Docket No. NHTSA–2017–0071; Notice 2] size 225/70R19.5, manufactured
Atlanta (the Service Area). TranSouth between October 17, 2016, and April 28,
states that competition is robust with at Sumitomo Rubber Industries, Ltd., 2017, are potentially involved.
least eight other companies providing Grant of Petition for Decision of III. Noncompliance: SRI explains that
motor coach passenger services within a Inconsequential Noncompliance the noncompliance is that the number of
50-mile radius of the Service Area. Also, plies indicated on the sidewall of the
AGENCY: National Highway Traffic subject tires do not match the actual
TranSouth states that the Atlanta Safety Administration (NHTSA),
metropolitan area is within 80 miles of number of plies in the tire construction,
Department of Transportation (DOT). and therefore, do not meet all applicable
the Service Area and has numerous
ACTION: Grant of petition. requirements specified in paragraph
entities that compete with both
TranSouth and C&H. S6.5(f) of FMVSS No. 119. Specifically,
SUMMARY: Sumitomo Rubber Industries,
On the basis of the application, the the tires are marked with ‘‘TREAD 5
Ltd. (SRI), on behalf of itself and its
Board finds that the proposed PLIES STEEL’’ whereas the correct
subsidiary Sumitomo Rubber North
acquisition of control is consistent with marking should be ‘‘TREAD 4 PLIES
America, Inc. (SRNA), have determined
the public interest and should be STEEL.’’
that certain Falken truck tires do not IV. Rule Requirements: Paragraph
tentatively approved and authorized. If fully comply with Federal Motor
any opposing comments are timely S6.5 of FMVSS No. 119, titled ‘‘Tire
Vehicle Safety Standard (FMVSS) No. Markings’’ includes the requirements
filed, these findings will be deemed 119, New Pneumatic Tires for Motor
vacated, and, unless a final decision can relevant to this petition:
Vehicles with a GVWR of more than • Each tire shall be marked on each
be made on the record as developed, a 4,536 kilograms (10,000 pounds) and
procedural schedule will be adopted to sidewall with the information specified
Motorcycles. SRI filed a noncompliance in paragraphs (a) through (j) of
reconsider the application. See 49 CFR report dated June 20, 2017. SRI also
1182.6(c). If no opposing comments are paragraph S6.5.
petitioned NHTSA on July 10, 2017, for • The actual number of plies and the
filed by the expiration of the comment a decision that the subject composition of the ply cord material in
period, this notice will take effect noncompliance is inconsequential as it the sidewall and, if different, in the
automatically and will be the final relates to motor vehicle safety. tread area.
Board action. FOR FURTHER INFORMATION CONTACT: V. Summary of SRI’s Petition: As
This action is categorically excluded
Abraham Diaz, Office of Vehicle Safety background, On June 12, 2017, SRI
from environmental review under 49
Compliance, the National Highway discovered that a population of 5,408
CFR 1105.6(c).
Board decisions and notices are Traffic Safety Administration (NHTSA), Falken brand truck tires, Model RI151,
available on our website at telephone (202) 366–5310, facsimile size 225/70Rl9.5 128/126L,
WWW.STB.GOV. (202) 366–5930. manufactured from October 17, 2016
It is ordered: SUPPLEMENTARY INFORMATION: through April 28, 2017 at the company’s
1. The proposed transaction is I. Overview: SRI, on behalf of itself plant in Miyazaki, Japan, were marked
approved and authorized, subject to the and its subsidiary SRNA, have with the incorrect number of plies. On
filing of opposing comments. determined that certain Falken truck July 13, 2017, SRNA was informed of
2. If opposing comments are timely tires do not fully comply with paragraph the marking error, shipments of the
filed, the findings made in this notice S6.5(f) of FMVSS No. 119, New subject tires were halted, and the
Pneumatic Tires for Motor Vehicles with company determined that the subject
sradovich on DSK3GMQ082PROD with NOTICES
will be deemed vacated.
3. This notice will be effective May a GVWR of more than 4,536 kilograms tires failed to comply with the tire
11, 2018, unless opposing comments are (10,000 pounds) and Motorcycles (49 labeling requirements of Federal motor
filed by May 10, 2018. CFR 571.119). SRI filed a vehicle safety standard (FMVSS) No.
4. A copy of this notice will be served noncompliance report dated June 20, 119, S6.5. Specifically, the subject tires
on: (1) The U.S. Department of 2017, pursuant to 49 CFR part 573, were incorrectly marked ‘‘TREAD 5
Transportation, Federal Motor Carrier Defect and Noncompliance PLIES STEEL,’’ although they should
Safety Administration, 1200 New Jersey Responsibility and Reports. SRI also have been marked ‘‘TREAD 4 PLIES
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Document Created: 2018-03-24 00:59:55
Document Modified: 2018-03-24 00:59:55
| 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 May 10, 2018. Applicant may file a reply by May 25, 2018. If no opposing comments are filed by May 10, 2018, this notice shall be applicable on May 11, 2018. | |
| Contact | Jonathon Binet at (202) 245-0368. Federal Information Relay Service (FIRS) for the hearing impaired: 1- 800-877-8339. | |
| FR Citation | 83 FR 13001 |
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