83 FR 9571 - National Express Transit Corporation-Acquisition of Control-Aristocrat Limousine and Bus, Inc.
SURFACE TRANSPORTATION BOARD Federal Register Volume 83, Issue 44 (March 6, 2018)
Federal Register Volume 83, Issue 44 (March 6, 2018)
| Page Range | 9571-9573 | |
| FR Document | 2018-04537 |
[Federal Register Volume 83, Number 44 (Tuesday, March 6, 2018)] [Notices] [Pages 9571-9573] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-04537] ======================================================================= ----------------------------------------------------------------------- SURFACE TRANSPORTATION BOARD [Docket No. MCF 21080] National Express Transit Corporation--Acquisition of Control-- Aristocrat Limousine and Bus, Inc. AGENCY: Surface Transportation Board. ACTION: Notice Tentatively Approving and Authorizing Finance Transaction. ----------------------------------------------------------------------- SUMMARY: On February 5, 2018, National Express Transit Corporation (National Express), an intrastate passenger motor carrier, and Brenda Baxter, Richard Wright, and Ralph Wright (collectively, Sellers) (National Express and Sellers collectively, Applicants), jointly filed an application for National Express to acquire from Sellers control of Aristocrat Limousine and Bus, Inc. (Aristocrat), an interstate and intrastate passenger motor carrier. The Board is tentatively approving and authorizing the transaction and, if no opposing comments are timely filed, this notice will be the final Board action. Persons wishing to oppose the application must follow the rules. DATES: Comments must be filed by April 20, 2018. Applicants may file a reply by May 7, 2018. If no opposing comments are filed by April 20, 2018, this notice shall be effective on April 21, 2018. ADDRESSES: Send an original and 10 copies of any comments referring to Docket No. MCF 21080 to: Surface Transportation Board, 395 E Street SW, Washington, DC 20423-0001. In addition, send one copy of comments to: 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 at (202) 245-0376. Federal Information Relay Service (FIRS) for the hearing impaired: 1- 800-877-8339. SUPPLEMENTARY INFORMATION: National Express is a motor carrier incorporated under the laws of Delaware that provides intrastate passenger transportation service and utilizes approximately 774 passenger-carrying vehicles and 855 drivers. Additionally, National Express, which does not have interstate authority from the Federal Motor Carrier Safety Administration (FMCSA), owns and controls two passenger motor carriers that do hold FMCSA interstate carrier authority: Rainbow Management Service Inc. (Rainbow) (MC-490015), which provides interstate and intrastate charter and special party passenger services in New York, and Trans Express, Inc. (Trans Express) (MC- 187819), which provides interstate and intrastate passenger transportation services in New York. National Express is indirectly controlled by a British corporation, National Express Group, PLC (Express Group). Express Group also indirectly controls the following interstate and intrastate motor carriers of passengers (collectively, National Express Affiliated Carriers):Beck Bus Transportation Corp., which holds interstate carrier authority (MC-143528), is primarily engaged in providing student school bus transportation services in Illinois; Durham School Services, L.P., which holds interstate carrier authority (MC-163066), is primarily engaged in [[Page 9572]] providing student school bus transportation services in several states, and charter passenger services to the public; MV Student Transportation Inc., which holds interstate carrier authority (MC-148934), is primarily engaged in providing student school bus transportation services, and charter passenger services to the public; National Express Transit--Yuma (NETY), which holds interstate carrier authority (MC-960629), is primarily engaged in providing paratransit services in the area of Yuma, Ariz.; Petermann Ltd., which holds interstate carrier authority (MC-364668), is primarily engaged in providing non-regulated school bus transportation services in Ohio, and charter passenger services to the public; Petermann Northeast LLC, which holds interstate carrier authority (MC-723926), is primarily engaged in providing student school bus transportation services, primarily in Ohio and Pennsylvania, and also provides charter passenger services to the public; Petermann Southwest LLC, which holds interstate carrier authority (MC-644996), is primarily engaged in providing non-regulated school bus transportation services in Texas, and also provides charter passenger services to the public; Petermann STSA, LLC, which holds interstate carrier authority (MC-749360), is primarily engaged in providing non-regulated school bus transportation services, primarily in Kansas, and also provides charter passenger services to the public; The Provider Enterprises, Inc. d/b/a Provider Bus, which holds interstate carrier authority (MC-986909), is primarily engaged in providing non-regulated school bus transportation services in New Hampshire; Queen City Transportation, LLC, which holds interstate carrier authority (MC-163846), is primarily engaged in providing non- regulated school bus transportation in Ohio, and charter passenger services to the public; Trinity, Inc., which holds interstate carrier authority (MC-364003), provides non-regulated school bus transportation services in southeastern Michigan, and charter service to the public; Trinity Student Delivery LLC, which holds interstate carrier authority (MC-836335), primarily provides non-regulated school bus transportation services in areas of northern Ohio, and passenger charter services to the public; and White Plains Bus Company, Inc., d/b/a Suburban Charters, which holds interstate carrier authority (MC-160624), primarily provides non-regulated school bus transportation services in New York, and charter service to the public. Aristocrat, a motor carrier of passengers, is a New Jersey corporation that holds interstate carrier authority (MC-173839). It provides intrastate and interstate passenger charter services in New Jersey, as well as interstate passenger charter services in New York and Pennsylvania. In providing its services, Aristocrat utilizes 33 passenger vehicles and 28 drivers. Sellers hold all the issued and outstanding equity stock of Aristocrat. Applicants state that the proposed transaction would place Aristocrat under the control of National Express. The proposed transaction contemplates that National Express would assume 100% control of Aristocrat through stock ownership. According to Applicants, after the transaction, Aristocrat would continue to provide services under the same name but would be operated within the National Express corporate family. Applicants assert that Aristocrat is experienced in the passenger service markets already served by National Express and some of its affiliated carriers. 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 have 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 Rainbow, Trans Express, the National Express Affiliated Carriers, and Aristocrat exceeded $2 million in gross operating revenues for the preceding 12- month period.\1\ --------------------------------------------------------------------------- \1\ Parties must certify that its transaction involves carriers whose aggregate gross operating revenues exceed $2 million, as required under 49 CFR 1182.2(a)(5). --------------------------------------------------------------------------- Applicants submit 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 Applicants, National Express does not intend to change the operations of Aristocrat but would operate it within the National Express corporate family, which, National Express states, would enhance the overall viability of the carriers within the corporate family. National Express anticipates that the proposed transaction would result in operating efficiencies and cost savings derived from economies of scale, which would help ensure adequate service to the public. Applicants state that there are no significant fixed charges associated with the proposed transaction. Applicants also assert that because National Express intends to continue Aristocrat's existing operations, the proposed transaction would not have a substantial impact on employees or labor conditions, although staffing redundancies could potentially result in limited downsizing of back-office and/or managerial-level personnel. Applicants further assert that the proposed transaction would not adversely affect competition or the public interest. Applicants claim that Aristocrat is a relatively small carrier in the overall markets in which it competes--interstate motor coach passenger charter services in the New York City metropolitan area, northern New York, northern New Jersey, and northern Pennsylvania (the Service Area). Applicants assert that Aristocrat directly competes with many other passenger charter services in the Service Area, and that there is a competitive market within the Service Area due to a large number of charter service providers. Additionally, Applicants state that the charter operations offered by Aristocrat are geographically dispersed from most of the affiliated carriers of National Express and that there is little overlap in service areas among National Express, its affiliates, and Aristocrat. 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: [[Page 9573]] 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 April 21, 2018, unless opposing comments are filed by April 20, 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 28, 2018. By the Board, Board Members Begeman and Miller. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2018-04537 Filed 3-5-18; 8:45 am] BILLING CODE 4915-01-P
![Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 / Notices 9571
DEPARTMENT OF STATE intended to understand, inform, and application for National Express to
influence foreign publics. The Advisory acquire from Sellers control of
[Public Notice: 10346]
Commission may conduct studies, Aristocrat Limousine and Bus, Inc.
Determination Under Section inquiries, and meetings, as it deems (Aristocrat), an interstate and intrastate
7070(c)(1) of the Department of State, necessary. It may assemble and passenger motor carrier. The Board is
Foreign Operations, and Related disseminate information and issue tentatively approving and authorizing
Programs Appropriations Act, 2017 reports and other publications, subject the transaction and, if no opposing
Regarding the Central Government of to the approval of the Chairperson, in comments are timely filed, this notice
Venezuela consultation with the Executive will be the final Board action. Persons
Director. The Advisory Commission wishing to oppose the application must
Pursuant to section 7070(c)(1) of the may undertake foreign travel in pursuit follow the rules.
Department of State, Foreign of its studies and coordinate, sponsor, or DATES: Comments must be filed by April
Operations, and Related Programs oversee projects, studies, events, or 20, 2018. Applicants may file a reply by
Appropriations Act, 2017 (Div. J, Pub. L. other activities that it deems desirable May 7, 2018. If no opposing comments
115–31), I hereby determine that the and necessary in fulfilling its functions. are filed by April 20, 2018, this notice
Government of Venezuela has The Commission consists of seven shall be effective on April 21, 2018.
recognized the independence of, or has members appointed by the President, by ADDRESSES: Send an original and 10
established diplomatic relations with, and with the advice and consent of the copies of any comments referring to
the Georgian territories of Abkhazia and Senate. The members of the Docket No. MCF 21080 to: Surface
Tskhinvali Region/South Ossetia. Commission shall represent the public Transportation Board, 395 E Street SW,
This determination shall be published interest and shall be selected from a Washington, DC 20423–0001. In
in the Federal Register and on the cross section of educational, addition, send one copy of comments to:
Department of State website and, along communications, cultural, scientific, Andrew K. Light, Scopelitis, Garvin,
with the accompanying Memorandum technical, public service, labor, Light, Hanson & Feary, P.C., 10 W.
of Justification, shall be reported to business, and professional backgrounds. Market Street, Suite 1400, Indianapolis,
Congress. Not more than four members shall be IN 46204.
Rex W. Tillerson,
from any one political party. The FOR FURTHER INFORMATION CONTACT:
President designates a member to chair Nathaniel Bawcombe at (202) 245–0376.
Secretary of State.
the Commission. Federal Information Relay Service
[FR Doc. 2018–04532 Filed 3–5–18; 8:45 am] The current members of the (FIRS) for the hearing impaired: 1–800–
BILLING CODE 4710–29–P Commission are: Mr. Sim Farar of 877–8339.
California, Chairman; Mr. William Hybl
SUPPLEMENTARY INFORMATION: National
of Colorado, Vice Chairman;
DEPARTMENT OF STATE Express is a motor carrier incorporated
Ambassador Penne Korth-Peacock of
under the laws of Delaware that
[Public Notice: 10343] Texas; Anne Terman Wedner of Illinois;
provides intrastate passenger
and Ms. Georgette Mosbacher of New
U.S. Advisory Commission on Public transportation service and utilizes
York. Two seats on the Commission are
Diplomacy; Notice of Meeting approximately 774 passenger-carrying
currently vacant.
vehicles and 855 drivers. Additionally,
To request further information about
The U.S. Advisory Commission on National Express, which does not have
the meeting or the U.S. Advisory
Public Diplomacy will hold a public interstate authority from the Federal
Commission on Public Diplomacy, you
meeting from 10:30 a.m. until 12:00 Motor Carrier Safety Administration
may contact its Executive Director, Dr.
p.m., Tuesday, March 20, 2018 at the (FMCSA), owns and controls two
Shawn Powers, at PowersSM@state.gov.
Rayburn Office Building, room 2200 (45 passenger motor carriers that do hold
Independence Ave SW, Washington, DC Shawn Powers, FMCSA interstate carrier authority:
20515). Executive Director, Advisory Commission on Rainbow Management Service Inc.
The public meeting will be on Public Diplomacy, Department of State. (Rainbow) (MC–490015), which
Optimizing diplomatic engagement: An [FR Doc. 2018–04505 Filed 3–5–18; 8:45 am] provides interstate and intrastate charter
evidence-based, results-oriented BILLING CODE 4710–45–P and special party passenger services in
approach. The session will include a New York, and Trans Express, Inc.
presentation and discussion of (Trans Express) (MC–187819), which
recommendations on improving the SURFACE TRANSPORTATION BOARD provides interstate and intrastate
assessment of State Department public passenger transportation services in
diplomacy programs. [Docket No. MCF 21080] New York. National Express is
This meeting is open to the public, indirectly controlled by a British
members and staff of Congress, the State National Express Transit
corporation, National Express Group,
Department, Defense Department, the Corporation—Acquisition of Control—
PLC (Express Group). Express Group
media, and other governmental and Aristocrat Limousine and Bus, Inc.
also indirectly controls the following
non-governmental organizations. An AGENCY: Surface Transportation Board. interstate and intrastate motor carriers
RSVP is required. To attend and make ACTION:Notice Tentatively Approving of passengers (collectively, National
any requests for reasonable and Authorizing Finance Transaction. Express Affiliated Carriers):
• Beck Bus Transportation Corp.,
sradovich on DSK3GMQ082PROD with NOTICES
accommodation, email Michelle Bowen
at BowenMC1@state.gov by 5pm on SUMMARY: On February 5, 2018, National which holds interstate carrier authority
Friday, March 16, 2018. Please arrive for Express Transit Corporation (National (MC–143528), is primarily engaged in
the meeting by 10:15am to allow for a Express), an intrastate passenger motor providing student school bus
prompt start. carrier, and Brenda Baxter, Richard transportation services in Illinois;
The United States Advisory Wright, and Ralph Wright (collectively, • Durham School Services, L.P.,
Commission on Public Diplomacy Sellers) (National Express and Sellers which holds interstate carrier authority
appraises U.S. Government activities collectively, Applicants), jointly filed an (MC–163066), is primarily engaged in
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![Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 / Notices 9573
1. The proposed transaction is (DOT), 1200 New Jersey Avenue SE, requests that PHMSA will submit to
approved and authorized, subject to the West Building, Room W12–140, OMB for renewal. The following
filing of opposing comments. Washington, DC 20590–0001. information is provided for each
2. If opposing comments are timely Hand Delivery: Room W12–140 on the information collection: (1) Title of the
filed, the findings made in this notice ground level of DOT, West Building, information collection; (2) OMB control
will be deemed vacated. 1200 New Jersey Avenue SE, number; (3) Current expiration date; (4)
3. This notice will be effective April Washington, DC, between 9:00 a.m. and Type of request; (5) Abstract of the
21, 2018, unless opposing comments are 5:00 p.m., Monday through Friday, information collection activity; (6)
filed by April 20, 2018. except Federal holidays. Description of affected public; (7)
4. A copy of this notice will be served Instructions: Identify the docket Estimate of total annual reporting and
on: (1) The U.S. Department of number, PHMSA–2018–0016, at the recordkeeping burden; and (8)
Transportation, Federal Motor Carrier beginning of your comments. Note that Frequency of collection. PHMSA will
Safety Administration, 1200 New Jersey all comments received will be posted request a three-year term of approval for
Avenue SE, Washington, DC 20590; (2) without change to http:// each information collection activity.
the U.S. Department of Justice, Antitrust www.regulations.gov, including any PHMSA requests comments on the
Division, 10th Street & Pennsylvania personal information provided. You following information collections:
Avenue NW, Washington, DC 20530; should know that anyone is able to 1. Title: Customer-Owned Service
and (3) the U.S. Department of search the electronic form of all Lines.
Transportation, Office of the General comments received into any of our OMB Control Number: 2137–0594.
Counsel, 1200 New Jersey Avenue SE, dockets by the name of the individual Current Expiration Date: 5/31/2018.
Washington, DC 20590. submitting the comment (or signing the Type of Request: Renewal of a
comment, if submitted on behalf of an currently approved information
Decided: February 28, 2018.
association, business, labor union, etc.). collection.
By the Board, Board Members Begeman Abstract: This information collection
and Miller. Therefore, you may want to review
DOT’s complete Privacy Act Statement request requires operators of gas service
Jeffrey Herzig, lines who do not maintain their
in the Federal Register published on
Clearance Clerk. customers’ buried piping between
April 11, 2000 (65 FR 19477) or visit
[FR Doc. 2018–04537 Filed 3–5–18; 8:45 am] http://www.regulations.gov before service lines and building walls or gas
BILLING CODE 4915–01–P submitting any such comments. utilization equipment to send written
Docket: For access to the docket or to notices to their customers prescribing
read background documents or the proper maintenance of these gas
DEPARTMENT OF TRANSPORTATION comments, go to http:// lines and of the potential hazards of not
www.regulations.gov at any time or to properly maintaining these gas lines.
Pipeline and Hazardous Materials Room W12–140 on the ground level of Operators also must maintain records
Safety Administration DOT, West Building, 1200 New Jersey that include a copy of the notice
Avenue SE, Washington, DC, between currently in use and evidence that
[Docket No. PHMSA–2018–0016]
9:00 a.m. and 5:00 p.m., Monday notices were sent to customers within
Pipeline Safety: Information Collection through Friday, except Federal holidays. the previous three years. The purpose of
Activities If you wish to receive confirmation of the collection is to provide the Office of
receipt of your written comments, Pipeline Safety with adequate
AGENCY: Pipeline and Hazardous please include a self-addressed, information about how customer-owned
Materials Safety Administration stamped postcard with the following service lines are being maintained to
(PHMSA), DOT. statement: prevent the potential hazards associated
ACTION: Notice and request for ‘‘Comments on PHMSA–2018–0016.’’ with not maintaining the lines.
comments. The Docket Clerk will date stamp the Examples of sufficient notification
postcard prior to returning it to you via include a prepared notification with the
SUMMARY: In accordance with the the U.S. mail. Please note that due to customer’s bill.
Paperwork Reduction Act of 1995, delays in the delivery of U.S. mail to Affected Public: State and local
PHMSA invites comments on two Federal offices in Washington, DC, we governments.
information collections that will be recommend that persons consider an Annual Reporting and Recordkeeping
expiring on May 31, 2018. PHMSA will alternative method (internet, fax, or Burden:
request an extension with no change for professional delivery service) of Estimated number of responses:
the information collections identified by submitting comments to the docket and 550,000.
OMB control numbers 2137–0594 and ensuring their timely receipt at DOT. Estimated annual burden hours:
2137–0622. 9,167.
FOR FURTHER INFORMATION CONTACT: Frequency of Collection: On occasion.
DATES: Interested persons are invited to Angela Dow by telephone at 202–366– 2. Title: Pipeline Safety: Public
submit comments on or before May 7, 1246, by fax at 202–366–4566, or by Awareness Program.
2018. mail at DOT, PHMSA, 1200 New Jersey OMB Control Number: 2137–0622.
ADDRESSES: Comments may be Avenue SE, PHP–30, Washington, DC Type of Request: Renewal of a
submitted in the following ways: 20590–0001. currently approved information
E-Gov website: http:// SUPPLEMENTARY INFORMATION: Section
sradovich on DSK3GMQ082PROD with NOTICES
collection.
www.regulations.gov. This site allows 1320.8(d), Title 5, Code of Federal Abstract: The Federal Pipeline Safety
the public to enter comments on any Regulations, requires PHMSA to provide Regulations require each operator to
Federal Register notice issued by any interested members of the public and develop and implement a written
agency. affected agencies an opportunity to continuing public education program
Fax: 1–202–493–2251. comment on information collection and that follows the guidance provided in
Mail: Docket Management Facility; recordkeeping requests. This notice the American Petroleum Institute’s
U.S. Department of Transportation identifies two information collection Recommended Practice RP 1162. Upon
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Document Created: 2018-11-01 08:49:15
Document Modified: 2018-11-01 08:49:15
| 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 20, 2018. Applicants may file a reply by May 7, 2018. If no opposing comments are filed by April 20, 2018, this notice shall be effective on April 21, 2018. | |
| Contact | Nathaniel Bawcombe at (202) 245-0376. Federal Information Relay Service (FIRS) for the hearing impaired: 1- 800-877-8339. | |
| FR Citation | 83 FR 9571 |
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