83 FR 7829 - Academy Bus, LLC and Franmar Leasing LLC-Purchase of Certain Assets of Daniel's Charters & Tours LLC
SURFACE TRANSPORTATION BOARD Federal Register Volume 83, Issue 36 (February 22, 2018)
Federal Register Volume 83, Issue 36 (February 22, 2018)
| Page Range | 7829-7831 | |
| FR Document | 2018-03644 |
[Federal Register Volume 83, Number 36 (Thursday, February 22, 2018)] [Notices] [Pages 7829-7831] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-03644] ======================================================================= ----------------------------------------------------------------------- SURFACE TRANSPORTATION BOARD [Docket No. MCF 21079] Academy Bus, LLC and Franmar Leasing LLC--Purchase of Certain Assets of Daniel's Charters & Tours LLC AGENCY: Surface Transportation Board. ACTION: Notice tentatively approving and authorizing finance transaction. ----------------------------------------------------------------------- SUMMARY: On January 23, 2018, Academy Bus LLC (Academy), a motor carrier of passengers; Franmar Leasing LLC (Franmar), a non-carrier; and Daniel's Charters & Tours LLC (Daniel's Charters), a motor carrier of passengers (collectively, Applicants) jointly filed an [[Page 7830]] application for Academy and Franmar to acquire certain properties of Daniel's Charters. 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 April 9, 2018. The applicants may file a reply by April 23, 2018. If no opposing comments are filed by April 9, 2018, this notice shall be effective on April 10, 2018. ADDRESSES: Send an original and 10 copies of any comments referring to Docket No. MCF 21079 to: Surface Transportation Board, 395 E Street SW, Washington, DC 20423-0001. In addition, send one copy of comments to: Joseph J. Ferrara, Ferrara and Associates, 111 Paterson Avenue, Hoboken, NJ 07030. FOR FURTHER INFORMATION CONTACT: Sarah Fancher (202) 245-0355. Federal Information Relay Service (FIRS) for the hearing impaired: 1-800-877- 8339. SUPPLEMENTARY INFORMATION: Academy is a motor carrier licensed by the Federal Motor Carrier Safety Administration (MC-646780) that provides motor carrier passenger services in Florida and Georgia, with its principal place of business located in Florida. (Appl. 3, 8.) Applicants state that Academy (Florida) ESB Trust (Academy Trust), a non-carrier controlled by Francis Tedesco (the sole trustee), is the sole member of Academy. According to Applicants, Franmar is a non- carrier New Jersey limited liability company controlled by the Tedesco Family ESB Trust (Tedesco Trust), also a non-carrier. Applicants state that Franmar is exclusively engaged in the ownership and leasing of passenger motor coaches to Academy and its affiliates.\1\ Applicants further assert that Daniel's Charters, a licensed motor carrier of passengers (MC-351188), presently operates interstate charter motor coach transportation services and tour transportation services primarily in the state of Georgia. Applicants further state that Jimmy Cantrell is the majority member and manager of Daniel's Charters. --------------------------------------------------------------------------- \1\ Applicants state that Francis Tedesco and Mark Tedesco are lifetime beneficiaries of the Tedesco Trust, which controls a New Jersey company, also called Academy Bus, LLC, a non-carrier and the sole member of three limited liability company passenger motor carriers: Academy Express, LLC, Academy Lines, LLC, and Number 22 Hillside, LLC (together, Academy Companies). According to Applicants, none of the Academy Companies are parties to the agreement with Daniel's Charters that is the subject of this application. Applicants state that Franmar and the Tedesco Trust are commonly controlled by Francis Tedesco and Mark Tedesco. (See Appl. 5-6.) --------------------------------------------------------------------------- Daniel's Charters proposes to sell certain assets used in its motor coach passenger charter transportation business pursuant to an Asset Purchase Agreement, dated January 19, 2018. According to Applicants, this transaction is a result of the business determination made by Daniel's Charters to permanently withdraw from the motor coach transportation business and focus its efforts on the continued development of its tour business operations. Applicants state that, under the terms of the Asset Purchase Agreement, Academy will acquire Daniel's Charters' customer lists, charter contracts, telephone numbers, website, pending motor coach customer contracts existing as of the closing date, charter contract deposits associated with the pending contracts, and related assets and intangibles, and Franmar will acquire 32 of 34 motor coaches currently owned by Daniel's Charters. (Appl. 7.) 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. Applicants submitted 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 Academy and its motor carrier affiliated companies exceeded $2 million in gross operating revenues for the preceding 12-month period.\2\ --------------------------------------------------------------------------- \2\ Applicants with gross operating revenues exceeding $2 million are required to meet the requirements of 49 CFR 1182.2(a)(5). --------------------------------------------------------------------------- Applicants state that this acquisition is in the public interest because the transaction will not have a materially detrimental impact on the adequacy of transportation services available to the public. According to Applicants, Daniel's Charters will be selling all of its motor coach vehicles that it no longer desires to operate, no operable motor vehicles will be scrapped by Daniel's Charters, and no new buses will need to be purchased by Franmar at this time. Thus, Applicants state that the public would not lose service because the same number of buses would continue to operate. Applicants state that the transaction would promote more efficiencies and greater economic use of existing transportation capital resources, and offer the public continued service options to those customers of Daniel's Charters in need of such service. Applicants also assert that the proposed transaction would not result in an increase to fixed charges, as the proposed transaction is expected to be for cash. Additionally, Applicants state that the proposed transaction would have no adverse effect on qualified Daniel's Charters' employees at the locations from which Daniel's Charters operates because Academy will interview and offer employment opportunities to those employees, which Applicants claim is ``a necessity to permit Academy to continue to operate the assets acquired as a carrier.'' According to Applicants, anticompetitive effects would be unlikely because none of the operable motor vehicles will be scrapped by the seller and no new buses will need to be purchased by Franmar at this time. Thus, Applicants state, the same number of buses presently operated will continue to be operated in Academy's bus operations in Georgia.\3\ --------------------------------------------------------------------------- \3\ The Board notes that the Asset Purchase Agreement contains a non-compete agreement, which prohibits Daniel's Charters and its principal, for a period of time, from soliciting or otherwise competing with Academy in the geographic areas and jurisdictions in which Daniel's Charters currently conducts its motor coach operations. (Appl., Ex. at 35.) After a review of the contractual provision, however, the Board finds that the clause does not appear to have an anticompetitive effect, on balance, in the market. --------------------------------------------------------------------------- On the basis of the application, the Board finds that the proposed acquisition is consistent with the public interest and should be tentatively approved and authorized. If any opposing comments are timely filed, these findings will be deemed vacated, and, unless a final decision can be made on the record as developed, a procedural schedule will be adopted to reconsider the application. See 49 CFR 1182.6(c). If no opposing comments are filed by the expiration of the comment period, this notice will take effect automatically and will be the final Board action. Board decisions and notices are available on our website at ``WWW.STB.GOV.'' This action is categorically excluded from environmental review under 49 CFR 1105.6(c). 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 as having been vacated. [[Page 7831]] 3. This notice will be effective April 10, 2018, unless opposing comments are filed by April 9, 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: February 15, 2018. By the Board, Board Members Begeman and Miller. Brendetta S. Jones, Clearance Clerk. [FR Doc. 2018-03644 Filed 2-21-18; 8:45 am] BILLING CODE 4915-01-P
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DEPARTMENT OF STATE SUPPLEMENTARY INFORMATION: In Plenipotentiary Conference, which takes
preparing comments, submitters are place every four years, is the highest
[Public Notice 10314] encouraged to refer to: policy-making body of the ITU. PP–18
• 2017–2021 Plan of Action, https:// will determine the overall policy
Meeting of the United States-Bahrain www.state.gov/documents/organization/ direction of the ITU; adopt the strategic
Joint Forum on Environmental 273263.pdf. and financial plans for the next four
Cooperation and Request for • Other useful documents are years; elect the 48 members of Council,
Comments on the Meeting Agenda and available at: https://www.state.gov/e/ 12 members of the Radio Regulations
the 2017–2021 Work Program oes/eqt/trade/bahrain/. Board, and five senior ITU elected
Robert Wing,
officials; and consider and adopt, if
AGENCY: Department of State. appropriate, amendments to the ITU
ACTION: Announcement of meeting; Acting Director, Office of Environmental
Quality and Transboundary Issues,
Constitution and Convention.
solicitation of comments; invitation to Attendance at this meeting is open to
Department of State.
public session. the public as seating capacity allows.
[FR Doc. 2018–03593 Filed 2–21–18; 8:45 am]
The public will have an opportunity to
SUMMARY: The Department of State is BILLING CODE 4710–09–P
provide comments at this meeting at the
providing notice that the governments invitation of the chair. Further details
of the United States and the Kingdom of on this ITAC meeting will be announced
Bahrain (the governments) intend to DEPARTMENT OF STATE
on the Department of State’s email list,
hold a Joint Forum on Environmental [Public Notice 10315] ITAC@lmlist.state.gov. Use of the ITAC
Cooperation (Joint Forum) and a public list is limited to meeting
session in Manama, Bahrain, on March Notice of Public Meeting of the announcements and confirmations,
7, 2018, pursuant to paragraphs 2–5 of International Telecommunication distribution of agendas and other
the Memorandum of Understanding on Advisory Committee and Preparations relevant meeting documents. The
Environmental Cooperation between the for Upcoming International Department welcomes any U.S. citizen
Governments of the United States and Telecommunications Meetings or legal permanent resident to remain
the Kingdom of Bahrain, which was on or join the ITAC listserv by
signed September 14, 2004. During the This notice announces a meeting of
the Department of State’s International registering by email via ITAC@state.gov
Joint Forum, the governments will and providing his or her name, email
discuss how the United States and Telecommunication Advisory
Committee (ITAC). The ITAC will meet address, telephone contact and the
Bahrain can cooperate to protect the company, organization, or community
environment, review past bilateral on March 9, 2018, at 10:00 a.m. EST at
1101 K Street (NW), Suite 610 to review that he or she is representing, if any.
environmental cooperation, and identify Persons wishing to request reasonable
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meetings, update on preparations for the accommodation during the meeting
2021 Work Program on Environmental should send their requests to ITAC@
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in August 2017. The Department of Requests made after that time will be
State invites members of the public to (PP–18), and discuss preparations for
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submit written comments on items to fulfilled.
include on the meeting agenda or in the the ITU. The meeting will focus on the
following topics: Please send all inquiries to ITAC@
2017–2021 Work Program. state.gov.
The Department of State also invites 1. ITU Council Working Groups
interested persons to attend a public a. Experts group on International Stephan A. Lang,
session to learn more about the work of Telecommunication Regulations Acting Director, Multilateral Affairs, Cyber
the Joint Forum and the new Work (ITRs) and International Communications and
Program, and to provide advice or b. Council Working Group for Information Policy, U.S. Department of State.
comments on its implementation. Strategic and Financial Plans [FR Doc. 2018–03594 Filed 2–21–18; 8:45 am]
c. Council Working Group on BILLING CODE 4710–AE–P
DATES: The public session will be held
Financial and Human Resources
on March 7, 2018. Information about the d. Council Working Group on
venue and time is available from the Implementation of the World
contact below. Comments on the Joint SURFACE TRANSPORTATION BOARD
Summit on Information Society
Forum meeting agenda and/or the 2017– (WSIS) Outcomes [Docket No. MCF 21079]
2021 Work Program should be provided e. Council Working Group on
no later than March 1, 2018, to facilitate International Internet-Related Academy Bus, LLC and Franmar
consideration. Public Policy Issues Leasing LLC—Purchase of Certain
ADDRESSES: Persons interested in 2. Preparations for the ITU 2018 Assets of Daniel’s Charters & Tours
attending the public session or in Plenipotentiary Conference (PP–18) LLC
submitting comments and suggestions 3. ITU Radiocommunication Sector AGENCY: Surface Transportation Board.
should contact Marko Velikonja, Office (ITU–R) meetings ACTION:Notice tentatively approving
of Environmental Quality and 4. ITU Telecommunication and authorizing finance transaction.
Transboundary Issues, U.S. Department Standardization Sector (ITU–T)
daltland on DSKBBV9HB2PROD with NOTICES
of State, by electronic mail at meetings SUMMARY: On January 23, 2018,
Velikonjamg@state.gov or fax at (202) 5. Internet Governance Forum (IGF) Academy Bus LLC (Academy), a motor
647–5947 with the subject line ‘‘United 6. Regional PP–18 Preparatory Groups carrier of passengers; Franmar Leasing
States-Bahrain Joint Forum.’’ 7. WSIS Forum LLC (Franmar), a non-carrier; and
FOR FURTHER INFORMATION CONTACT: PP–18 will take place in Dubai, Daniel’s Charters & Tours LLC (Daniel’s
Marko Velikonja, Telephone (202) 647– United Arab Emirates, from October 29 Charters), a motor carrier of passengers
4828 or email at Velikonjamg@state.gov. to November 17, 2018. The (collectively, Applicants) jointly filed an
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![Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Notices 7831
3. This notice will be effective April hearing at the Office of the United State participants to provide additional
10, 2018, unless opposing comments are Trade Representative, 1724 F Street NW, information relevant to the review. At
filed by April 9, 2018. Rooms 1&2, Washington DC. If the conclusion of the process, USTR
4. A copy of this notice will be served necessary, the hearing may continue on will publish the results of the review in
on: (1) The U.S. Department of the next business day. Please consult a Special 301 Report.
Transportation, Federal Motor Carrier the USTR website for confirmation of USTR requests that interested persons
Safety Administration, 1200 New Jersey the date and location and the schedule identify through the process outlined in
Avenue SE, Washington, DC 20590; (2) of witnesses. this notice those countries whose acts,
the U.S. Department of Justice, Antitrust March 14, 2018 at midnight EST: policies, or practices deny adequate and
Division, 10th Street & Pennsylvania Deadline for submission of post-hearing effective protection for intellectual
Avenue NW, Washington, DC 20530; written comments from persons who property rights or deny fair and
and (3) the U.S. Department of testified at the public hearing. equitable market access to U.S. persons
Transportation, Office of the General About April 30, 2018: USTR will who rely on intellectual property
Counsel, 1200 New Jersey Avenue SE, publish the 2018 Special 301 Report protection.
Washington, DC 20590. within 30 days of the publication of the Section 182 also requires the Trade
National Trade Estimate (NTE) Report. Representative to identify any act,
Decided: February 15, 2018.
policy, or practice of Canada that affects
By the Board, Board Members Begeman ‘‘Background’’ Caption cultural industries, was adopted or
and Miller. In the Federal Register on December expanded after December 17, 1992, and
Brendetta S. Jones, 27, 2017 (82 FR 61363), correct the is actionable under Article 2106 of the
Clearance Clerk. ‘‘Background’’ caption to read as North American Free Trade Agreement
[FR Doc. 2018–03644 Filed 2–21–18; 8:45 am] follows: (NAFTA). USTR invites the public to
BILLING CODE 4915–01–P
I. Background submit views relevant to this aspect of
the review.
Section 182 of the Trade Act of 1974 Section 182 requires the Trade
OFFICE OF THE UNITED STATES (Trade Act) (19 U.S.C. 2242), commonly Representative to identify all such acts,
TRADE REPRESENTATIVE known as the ‘‘Special 301’’ provisions, policies, or practices within 30 days of
requires the Trade Representative to the publication of the NTE Report. In
[Docket No. USTR–2017–0024] identify countries that deny adequate accordance with this statutory
and effective IPR protections or fair and requirement, USTR will publish the
2018 Special 301 Review: Identification equitable market access to U.S. persons
of Countries Under Section 182 of the annual Special 301 Report about April
who rely on intellectual property 30, 2018.
Trade Act of 194; Request for Public protection. The Trade Act requires the
Comment and Notice of a Public Trade Representative to determine ‘‘Public Comments’’ Caption
Hearing; Correction which, if any, of these countries to In the Federal Register on December
AGENCY: Office of the United States identify as Priority Foreign Countries. 27, 2017 (82 FR 61363), correct the
Trade Representative. Acts, policies or practices that are the ‘‘Public Comments’’ caption to read as
ACTION: Request for comments and basis of a country’s identification as a follows:
notice of public hearing; Correction. Priority Foreign Country can be subject
II. Public Comments
to the procedures set out in sections
SUMMARY: The Office of the United 301–305 of the Trade Act (19 U.S.C. To facilitate the review, written
States Trade Representative (USTR) 2411–2415). comments should be as detailed as
published a document in the Federal In addition, USTR has created a possible and provide all necessary
Register on December 27, 2017 (82 FR ‘‘Priority Watch List’’ and ‘‘Watch List’’ information to identify and assess the
61363), concerning a request for to assist the Administration in pursuing effect of the acts, policies, and practices.
comments and notices of intent to the goals of the Special 301 provisions. USTR invites written comments that
appear at a public hearing on Section Placement of a trading partner on the provide specific references to laws,
182 of the Trade Act of 1974, commonly Priority Watch List or Watch List regulations, policy statements,
referred to as the ‘‘Special 301’’ indicates that particular problems exist including innovation policies,
provisions. The dates specified in the in that country with respect to IPR executive, presidential, or other orders,
notice have changed. Additional protection, enforcement or market and administrative, court, or other
information on the hearing is also access for persons that rely on determinations that should factor in the
provided. intellectual property protection. Trading review. USTR also requests that, where
partners placed on the Priority Watch relevant, submissions mention
FOR FURTHER INFORMATION CONTACT:
List are the focus of increased bilateral particular regions, provinces, states, or
Sung Chang, Director for Innovation and
attention concerning the problem areas. other subdivisions of a country in which
Intellectual Property, Office of the
USTR chairs the Special 301 an act, policy, or practice is believed to
United States Trade Representative, at
Subcommittee (Subcommittee) of the warrant special attention. Finally,
special301@ustr.eop.gov. You can find
Trade Policy Staff Committee. The submissions proposing countries for
information about the Special 301
Subcommittee reviews information from review should include data, loss
Review at www.ustr.gov.
many sources, and consults with and estimates, and other information
Corrections makes recommendations to the Trade regarding the economic impact on the
daltland on DSKBBV9HB2PROD with NOTICES
Representative on issues arising under United States, U.S. industry, and the
‘‘Dates’’ Caption
Special 301. Written submissions from U.S. workforce caused by the denial of
In the Federal Register on December the public are a key source of adequate and effective intellectual
27, 2017 (82 FR 61363), correct the information for the Special 301 review property protection. Comments that
‘‘Dates’’ caption to read as follows: process. In 2018, USTR will conduct a include quantitative loss claims should
DATES: March 8, 2018: The Special 301 public hearing as part of the review include the methodology used to
Subcommittee will hold a public process and will allow hearing calculate the estimated losses.
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Document Created: 2018-02-22 02:51:10
Document Modified: 2018-02-22 02:51:10
| 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 April 9, 2018. The applicants may file a reply by April 23, 2018. If no opposing comments are filed by April 9, 2018, this notice shall be effective on April 10, 2018. | |
| Contact | Sarah Fancher (202) 245-0355. Federal Information Relay Service (FIRS) for the hearing impaired: 1-800-877- 8339. | |
| FR Citation | 83 FR 7829 |
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