SunTx Capital III Management Corp., et al.-Control-TBL Group, Inc.; GBJ, Inc.; Echo Tours and Charters L.P., 49712-49714 [2016-17887]

Download as PDF 49712 Federal Register / Vol. 81, No. 145 / Thursday, July 28, 2016 / Notices IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: • Use the Commission’s Internet comment form (https://www.sec.gov/ rules/sro.shtml); or • Send an email to rule-comments@ sec.gov. Please include File Number SR– Phlx–2016–77 on the subject line. Paper Comments Lhorne on DSK30JT082PROD with NOTICES • Send paper comments in triplicate to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549–1090. All submissions should refer to File Number SR–Phlx–2016–77. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission’s Internet Web site (https://www.sec.gov/ rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission’s Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR–Phlx– 2016–77, and should be submitted on or before August 18, 2016. CFR 200.30–3(a)(12). VerDate Sep<11>2014 14:44 Jul 27, 2016 [FR Doc. 2016–17823 Filed 7–27–16; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION Electronic Comments 25 17 For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.25 Brent J. Fields, Secretary. Jkt 238001 [File No. 500–1] In the Matter of American Transportation Holdings, Inc.; Order of Suspension of Trading July 26, 2016. It appears to the Securities and Exchange Commission that the public interest and the protection of investors require a suspension of trading in the securities of American Transportation Holdings, Inc. (CIK No. 0001404526) because of recent, unusual and unexplained market activity in the company’s stock taking place during a suspicious promotional campaign, and because of concerns about the accuracy of publicly available information, including but not limited to company press releases issued in June and July 2016. American Transportation Holdings Inc. is a Nevada corporation with its principal executive offices in Littleton, Colorado, with stock quoted on OTC Link (previously ‘‘Pink Sheets’’) operated by OTC Markets Group, Inc. under the ticker symbol ATHI. Therefore, it is ordered, pursuant to Section 12(k) of the Securities Exchange Act of 1934, that trading in the securities of the above-listed company is suspended for the period from 9:30 a.m. EDT on July 26, 2016, through 11:59 p.m. EDT on August 8, 2016. By the Commission. Jill M. Peterson, Assistant Secretary. [FR Doc. 2016–17965 Filed 7–26–16; 4:15 pm] BILLING CODE 8011–01–P DEPARTMENT OF STATE [Delegation of Authority No. 398] Authority To Submit Declarations and Claim Privileges on Behalf of the United States Under Military Rules of Evidence 505 and 506 By virtue of the authority vested in the Secretary of State, including the Department of State Basic Authorities Act, as amended (22 U.S.C. 2651a), I hereby delegate to the Legal Adviser, to the extent authorized by law, the authority to claim the privileges and PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 provide the declarations described in Military Rules of Evidence 505 and 506. Any act, executive order, regulation, or procedure subject to, or affected by, this delegation shall be deemed to be such act, executive order, regulation, or procedure as amended from time to time. This delegation of authority does not revoke or otherwise affect any other delegation of authority. Notwithstanding this delegation of authority, this authority may be exercised by the Secretary, the Deputy Secretary, and the Deputy Secretary for Management and Resources. This delegation of authority shall be published in the Federal Register. Dated: July 20, 2016. John F. Kerry, Secretary of State. [FR Doc. 2016–17936 Filed 7–27–16; 8:45 am] BILLING CODE 4710–08–P SURFACE TRANSPORTATION BOARD [Docket No. MCF 21070] SunTx Capital III Management Corp., et al.—Control—TBL Group, Inc.; GBJ, Inc.; Echo Tours and Charters L.P. Surface Transportation Board. Notice tentatively approving and authorizing finance transaction. AGENCY: ACTION: On June 28, 2016, SunTx Capital III Management Corp. (SunTx III), SunTx Capital Partners III GP, LP (SunTx GP), SunTx TBL Logistics Management Holdings, LP (SunTx Holdings), and TBL Logistics Management, LLC (TBL Logistics), along with TBL Group, Inc. (TBL Group) and the motor carriers of passengers it controls, GBJ, Inc. (GBJ) and Echo Tours and Charters L.P. (Echo) (collectively, Applicants) filed an application under 49 U.S.C. 14303 to acquire control of TBL Group, GBJ, and Echo. Concurrently with their application, the parties also filed a request for interim approval under 49 U.S.C. 14303(i). In a decision served on July 28, 2016 in related Docket No. MCF 21070 TA, interim approval was granted, effective on the service date of that decision. The Board is tentatively approving and authorizing the transaction, and if no opposing comments are timely filed, this notice will be the final Board action. Persons wishing to oppose the application must follow the rules at 49 CFR 1182.5 and 1182.8. DATES: Comments must be filed by September 12, 2016. Applicants may file a reply by September 26, 2016. If no comments are filed by September 12, SUMMARY: E:\FR\FM\28JYN1.SGM 28JYN1 Lhorne on DSK30JT082PROD with NOTICES Federal Register / Vol. 81, No. 145 / Thursday, July 28, 2016 / Notices 2016, this notice shall be effective on September 13, 2016. ADDRESSES: Send an original and 10 copies of any comments referring to Docket No. MCF 21070 to: Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. In addition, send one copy of comments to Applicants’ representatives: Richard P. Schweitzer, Richard P. Schweitzer, P.L.L.C., 1717 K Street NW., Suite 900, Washington, DC 20006 (attorney for TBL Group, GBJ, and Echo) and Thomas J. Litwiler, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606–2832 (attorney for SunTx III, SunTx GP, SunTx Holdings, and TBL Logistics). FOR FURTHER INFORMATION CONTACT: Allison Davis (202) 245–0378. Federal Information Relay Service (FIRS) for the hearing impaired: 1–800–877–8339. SUPPLEMENTARY INFORMATION: Applicants assert the following facts. SunTx III, a noncarrier Texas corporation, is a general partner of SunTx GP, a noncarrier Texas limited partnership, which is, in turn, the general partner of SunTx Holdings, also a noncarrier Texas limited partnership. SunTx III, SunTx GP, and SunTx Holdings are components of SunTx Capital Partners, a private equity firm that invests in middle market manufacturing, distribution, and service companies. TBL Logistics is a newly formed noncarrier Delaware holding company. TBL Group is a noncarrier Texas corporation that owns and controls two federally regulated motor carriers of passengers: Echo d/b/a Echo Transportation (MC–755212) and GBJ d/b/a AFC Transportation (MC– 369531).1 Echo and GBJ, both incorporated in Texas, each own equal shares of TBL Group stock. TBL Group holds 100% of the stock of Echo and GBJ. Echo has been operating since 2011 and provides interstate charter, tour, limousine, school bus, and local city shuttle transportation in the Dallas, Fort Worth, Tyler, San Angelo, and Waco markets. GBJ has been operating for 24 years and provides interstate charter transportation, local city shuttle service, and sedan service in the Houston metropolitan area. GBJ operates motorcoaches, minibuses, transit buses, sedans, and limousines. Applicants seek Board authority for control of TBL Group, Echo, and GBJ 1 In 2014, the Board authorized Texas Bus and Limo Acquisition Corp. (now known as TBL Group) to acquire control of five motor carriers of passengers. Tex. Bus & Limo Acquis. Corp.— Control—GBJ, Inc., MCF 21058 (STB served July 9, 2014). Applicants state that, ultimately, only the acquisitions of GBJ and Echo were consummated. VerDate Sep<11>2014 14:44 Jul 27, 2016 Jkt 238001 through the creation of TBL Logistics. Specifically, Applicants state that, as a result of this transaction, TBL Logistics would own TBL Group through which TBL Logistics would control Echo and GBJ. TBL Logistics would be owned 80.1% by SunTx Holdings and 19.9% by TBL Group. Applicants assert that, as a result of the proposed transaction, Echo and GBJ would benefit from financing that would enable them to purchase additional vehicles to upgrade the combined fleet. Applicants state that vehicles that average more than 12 years of age would be replaced with newer, safer, and more reliable vehicles that would offer better utilization factors, higher fuel economy, and lower emissions, and would provide the public with safer, more cost effective and environmentally responsible transportation. Applicants further state that the infusion of capital would allow Echo and GBJ to expand their service offerings in their existing markets and explore the possibility of offering service in new markets as well. 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 from the proposed transaction; and (3) the interest of affected carrier employees affected by the proposed transaction. Applicants submitted information, as required by 49 CFR 1182.2, including information to demonstrate that the proposed transaction is consistent with the public interest under 49 U.S.C. 14303(b), and a statement that the aggregate gross operating revenues of Echo and GBJ exceeded $2 million for the preceding 12-month period under 49 U.S.C. 14303(g).2 With respect to adequacy of transportation to the public, Applicants submit that the proposed transaction would not result in significant changes to the operations of Echo and GBJ. Applicants state that the proposed transaction would allow the companies to take advantage of better financial terms, which would allow them to replace aging vehicles on favorable terms. Applicants anticipate more efficient and effective service in each of the markets and that the transaction would enable Echo and GBJ to leverage the new investment to provide the same or greater level of transportation to the 2 Applicants with gross operating revenues exceeding $2 million are required to meet the requirements of 49 CFR 1182. PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 49713 public. With respect to fixed charges, Applicants assert that the capital investment will lower interest payments on existing debt and allow them to secure attractive terms for additional financing of equipment acquisitions. Applicants also state that the proposed transaction would not have an overall negative impact on employees because, over time, the carriers would be able to grow by taking advantage of economies of scale, better financial terms, and increased buying power, which would result in increased service and additional personnel. Applicants further claim that the proposed transaction would not have a material adverse effect on competition because Echo and GBJ do not plan on significantly altering their current operations, but would be taking advantage of efficiencies gained through improved capital financing. Applicants states that the areas served by Echo and GBJ have robust carrier competition. Specifically, in North Texas, Echo controls less than 10% of the charter, tour, shuttle, livery school, metro, and scheduled ground transportation market. Similarly, in South Texas, GBJ controls less than 10% of the charter, tour, shuttle, livery school, metro, and scheduled ground transportation market. Applicants note that areas served by the two motor carriers are largely separate and distinct, with a small amount of overlap in the larger markets. Applicants assert that the benefits associated with the transaction would only support increased competition. Applicants further reiterate the Board’s findings in other cases regarding low barriers to entry into the interstate bus industry. The Board finds that the proposed acquisition described 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. Board decisions and notices are available on our Web site at WWW.STB.DOT.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. E:\FR\FM\28JYN1.SGM 28JYN1 49714 Federal Register / Vol. 81, No. 145 / Thursday, July 28, 2016 / Notices 2. If opposing comments are timely filed, the findings made in this notice will be deemed vacated. 3. This notice will be effective September 13, 2016, unless opposing comments are filed by September 12, 2016. 4. A copy of this notice will be served on: (1) The U.S. Department of Transportation, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590; (2) the U.S. Department of Justice, Antitrust Division, 10th Street & Pennsylvania Avenue NW., Washington, DC 20530; and (3) the U.S. Department of Transportation, Office of the General Counsel, 1200 New Jersey Avenue SE., Washington, DC 20590. Decided: July 25, 2016. By the Board, Chairman Elliott, Vice Chairman Miller, and Commissioner Begeman. Brendetta S. Jones, Clearance Clerk. [FR Doc. 2016–17887 Filed 7–27–16; 8:45 am] BILLING CODE 4915–01–P TENNESSEE VALLEY AUTHORITY Agency Information Collection Activities: Proposed Collection; Comment Request Tennessee Valley Authority. 30-Day notice of submission of information collection approval and request for comments. AGENCY: ACTION: This is a renewal request for approval of the Application for Section 26a Permit (OMB No. 3316–0060). The information collection described below will be submitted to the Office of Management and Budget (OMB) at, oira_submission@omb.eop.gov, for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35, as amended). The Tennessee Valley Authority is soliciting public comments on this proposed collection as provided by 5 CFR 1320.8(d)(1). DATES: Comments should be sent to the Agency Clearance Officer and the OMB Office of Information & Regulatory Affairs, Attention: Desk Officer for Tennessee Valley Authority, Washington, DC 20503, or email: oira_ submission@omb.eop.gov, no later than August 29, 2016. ADDRESSES: Requests for information, including copies of the information collection proposed and supporting documentation, should be directed to the Senior Privacy Program Manager: Christopher A. Marsalis, Tennessee Valley Authority, 400 W. Summit Hill Lhorne on DSK30JT082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 14:44 Jul 27, 2016 Jkt 238001 Dr. (WT 5D), Knoxville, Tennessee 37902–1401; telephone (865) 632–2467 or email: camarsalis@tva.gov; or to Joy L. Lloyd, Tennessee Valley Authority, 400 W. Summit Hill Dr. (WT 5A), Knoxville, Tennessee 37902–1401; telephone (865) 632–8370 or email: jllloyd@tva.gov; or to the Agency Clearance Officer: Philip D. Propes, Tennessee Valley Authority, 1101 Market Street (MP 2C), Chattanooga, Tennessee 37402–2801; telephone (423) 751–8593 or email: pdpropes@tva.gov. SUPPLEMENTARY INFORMATION: Type of Request: Reauthorization. Title of Information Collection: Section 26a Permit Application. Frequency of Use: On occasion. Type of Affected Public: Individuals or households, state or local governments, farms, businesses, or other for-profit, Federal agencies or employees, non-profit institutions, small businesses or organizations. Small Businesses or Organizations Affected: Yes. Federal Budget Functional Category Code: 452. Estimated Number of Annual Responses: 1,800. Estimated Total Annual Burden Hours: 3,600. Estimated Average Burden Hours per Response: 2.0. Need For and Use of Information: TVA Land Management activities and section 26a of the Tennessee Valley Authority Act of 1933, as amended, require TVA to collect information relevant to projects that will impact TVA land and land rights and review and approve plans for the construction, operation, and maintenance of any dam, appurtenant works, or other obstruction affecting navigation, flood control, or public lands or reservations across, along, or in the Tennessee River or any of its tributaries. The information is collected via paper forms and/or electronic submissions and is used to assess the impact of the proposed project on TVA land or land rights and statutory TVA programs to determine if the project can be approved. Rules for implementation of TVA’s section 26a responsibilities are published in 18 CFR part 1304. Philip D. Propes, Director, Enterprise Information Security and Policy. [FR Doc. 2016–17819 Filed 7–27–16; 8:45 am] BILLING CODE 8120–08–P PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Eleventh Meeting Special Committee 231 TAWS Federal Aviation Administration (FAA), U.S. Department of Transportation (DOT). ACTION: Eleventh Meeting Special Committee 231 TAWS. AGENCY: The FAA is issuing this notice to advise the public of a meeting of Eleventh Meeting Special Committee 231 TAWS. DATES: The meeting will be held September 20–23, 2016, 9:00 a.m. to 5:00 p.m. Tuesday, Wednesday, Thursday, 9:00 a.m. to 1:00 p.m. Friday. ADDRESSES: The meeting will be held at: RTCA, Inc., 1150 18th Street NW., Suite 910, Washington, DC 20036. Individuals wishing for WebEx/Audio information should contact the person listed in the SUMMARY: FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Rebecca Morrison at rmorrison@rtca.org or (202) 330–0654 or The RTCA Secretariat, 1150 18th Street NW., Suite 910, Washington, DC 20036, or by telephone at (202) 833–9339, fax at (202) 833–9434, or Web site at https:// www.rtca.org. Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92– 463, 5 U.S.C., App.), notice is hereby given for a meeting of the Eleventh Meeting Special Committee 231 TAWS. The agenda will include the following: SUPPLEMENTARY INFORMATION: Tuesday, September 20, 2016—9:00 a.m.–5:00 p.m. (1) Welcome/Introduction (2) Administrative Remarks (3) Agenda Review (4) Summary of Pre-FRAC comments received on Strawman (5) Other Business (6) Date and Place of Next Meeting Wednesday, Thursday, September 21st, 22nd—9:00 a.m.–5:00 p.m. Continuation of Plenary or Working Group Session Friday, September 23rd—9:00 a.m.– 1:00 p.m. Continuation of Plenary or Working Group Session Attendance is open to the interested public but limited to space availability. With the approval of the chairman, members of the public may present oral statements at the meeting. Persons E:\FR\FM\28JYN1.SGM 28JYN1

Agencies

Surface Transportation Board

[Federal Register Volume 81, Number 145 (Thursday, July 28, 2016)]
[Notices]
[Pages 49712-49714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17887]


=======================================================================
-----------------------------------------------------------------------

SURFACE TRANSPORTATION BOARD

[Docket No. MCF 21070]


SunTx Capital III Management Corp., et al.--Control--TBL Group, 
Inc.; GBJ, Inc.; Echo Tours and Charters L.P.

AGENCY: Surface Transportation Board.

ACTION: Notice tentatively approving and authorizing finance 
transaction.

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

SUMMARY: On June 28, 2016, SunTx Capital III Management Corp. (SunTx 
III), SunTx Capital Partners III GP, LP (SunTx GP), SunTx TBL Logistics 
Management Holdings, LP (SunTx Holdings), and TBL Logistics Management, 
LLC (TBL Logistics), along with TBL Group, Inc. (TBL Group) and the 
motor carriers of passengers it controls, GBJ, Inc. (GBJ) and Echo 
Tours and Charters L.P. (Echo) (collectively, Applicants) filed an 
application under 49 U.S.C. 14303 to acquire control of TBL Group, GBJ, 
and Echo. Concurrently with their application, the parties also filed a 
request for interim approval under 49 U.S.C. 14303(i). In a decision 
served on July 28, 2016 in related Docket No. MCF 21070 TA, interim 
approval was granted, effective on the service date of that decision. 
The Board is tentatively approving and authorizing the transaction, and 
if no opposing comments are timely filed, this notice will be the final 
Board action. Persons wishing to oppose the application must follow the 
rules at 49 CFR 1182.5 and 1182.8.

DATES: Comments must be filed by September 12, 2016. Applicants may 
file a reply by September 26, 2016. If no comments are filed by 
September 12,

[[Page 49713]]

2016, this notice shall be effective on September 13, 2016.

ADDRESSES: Send an original and 10 copies of any comments referring to 
Docket No. MCF 21070 to: Surface Transportation Board, 395 E Street 
SW., Washington, DC 20423-0001. In addition, send one copy of comments 
to Applicants' representatives: Richard P. Schweitzer, Richard P. 
Schweitzer, P.L.L.C., 1717 K Street NW., Suite 900, Washington, DC 
20006 (attorney for TBL Group, GBJ, and Echo) and Thomas J. Litwiler, 
Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 
60606-2832 (attorney for SunTx III, SunTx GP, SunTx Holdings, and TBL 
Logistics).

FOR FURTHER INFORMATION CONTACT: Allison Davis (202) 245-0378. Federal 
Information Relay Service (FIRS) for the hearing impaired: 1-800-877-
8339.

SUPPLEMENTARY INFORMATION: Applicants assert the following facts. SunTx 
III, a noncarrier Texas corporation, is a general partner of SunTx GP, 
a noncarrier Texas limited partnership, which is, in turn, the general 
partner of SunTx Holdings, also a noncarrier Texas limited partnership. 
SunTx III, SunTx GP, and SunTx Holdings are components of SunTx Capital 
Partners, a private equity firm that invests in middle market 
manufacturing, distribution, and service companies. TBL Logistics is a 
newly formed noncarrier Delaware holding company. TBL Group is a 
noncarrier Texas corporation that owns and controls two federally 
regulated motor carriers of passengers: Echo d/b/a Echo Transportation 
(MC-755212) and GBJ d/b/a AFC Transportation (MC-369531).\1\ Echo and 
GBJ, both incorporated in Texas, each own equal shares of TBL Group 
stock. TBL Group holds 100% of the stock of Echo and GBJ. Echo has been 
operating since 2011 and provides interstate charter, tour, limousine, 
school bus, and local city shuttle transportation in the Dallas, Fort 
Worth, Tyler, San Angelo, and Waco markets. GBJ has been operating for 
24 years and provides interstate charter transportation, local city 
shuttle service, and sedan service in the Houston metropolitan area. 
GBJ operates motorcoaches, minibuses, transit buses, sedans, and 
limousines.
---------------------------------------------------------------------------

    \1\ In 2014, the Board authorized Texas Bus and Limo Acquisition 
Corp. (now known as TBL Group) to acquire control of five motor 
carriers of passengers. Tex. Bus & Limo Acquis. Corp.--Control--GBJ, 
Inc., MCF 21058 (STB served July 9, 2014). Applicants state that, 
ultimately, only the acquisitions of GBJ and Echo were consummated.
---------------------------------------------------------------------------

    Applicants seek Board authority for control of TBL Group, Echo, and 
GBJ through the creation of TBL Logistics. Specifically, Applicants 
state that, as a result of this transaction, TBL Logistics would own 
TBL Group through which TBL Logistics would control Echo and GBJ. TBL 
Logistics would be owned 80.1% by SunTx Holdings and 19.9% by TBL 
Group.
    Applicants assert that, as a result of the proposed transaction, 
Echo and GBJ would benefit from financing that would enable them to 
purchase additional vehicles to upgrade the combined fleet. Applicants 
state that vehicles that average more than 12 years of age would be 
replaced with newer, safer, and more reliable vehicles that would offer 
better utilization factors, higher fuel economy, and lower emissions, 
and would provide the public with safer, more cost effective and 
environmentally responsible transportation. Applicants further state 
that the infusion of capital would allow Echo and GBJ to expand their 
service offerings in their existing markets and explore the possibility 
of offering service in new markets as well.
    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 from the proposed transaction; and (3) the interest 
of affected carrier employees affected by the proposed transaction. 
Applicants submitted information, as required by 49 CFR 1182.2, 
including information to demonstrate that the proposed transaction is 
consistent with the public interest under 49 U.S.C. 14303(b), and a 
statement that the aggregate gross operating revenues of Echo and GBJ 
exceeded $2 million for the preceding 12-month period under 49 U.S.C. 
14303(g).\2\
---------------------------------------------------------------------------

    \2\ Applicants with gross operating revenues exceeding $2 
million are required to meet the requirements of 49 CFR 1182.
---------------------------------------------------------------------------

    With respect to adequacy of transportation to the public, 
Applicants submit that the proposed transaction would not result in 
significant changes to the operations of Echo and GBJ. Applicants state 
that the proposed transaction would allow the companies to take 
advantage of better financial terms, which would allow them to replace 
aging vehicles on favorable terms. Applicants anticipate more efficient 
and effective service in each of the markets and that the transaction 
would enable Echo and GBJ to leverage the new investment to provide the 
same or greater level of transportation to the public. With respect to 
fixed charges, Applicants assert that the capital investment will lower 
interest payments on existing debt and allow them to secure attractive 
terms for additional financing of equipment acquisitions. Applicants 
also state that the proposed transaction would not have an overall 
negative impact on employees because, over time, the carriers would be 
able to grow by taking advantage of economies of scale, better 
financial terms, and increased buying power, which would result in 
increased service and additional personnel.
    Applicants further claim that the proposed transaction would not 
have a material adverse effect on competition because Echo and GBJ do 
not plan on significantly altering their current operations, but would 
be taking advantage of efficiencies gained through improved capital 
financing. Applicants states that the areas served by Echo and GBJ have 
robust carrier competition. Specifically, in North Texas, Echo controls 
less than 10% of the charter, tour, shuttle, livery school, metro, and 
scheduled ground transportation market. Similarly, in South Texas, GBJ 
controls less than 10% of the charter, tour, shuttle, livery school, 
metro, and scheduled ground transportation market. Applicants note that 
areas served by the two motor carriers are largely separate and 
distinct, with a small amount of overlap in the larger markets. 
Applicants assert that the benefits associated with the transaction 
would only support increased competition. Applicants further reiterate 
the Board's findings in other cases regarding low barriers to entry 
into the interstate bus industry.
    The Board finds that the proposed acquisition described 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. Board decisions and notices are available on 
our Web site at WWW.STB.DOT.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.

[[Page 49714]]

    2. If opposing comments are timely filed, the findings made in this 
notice will be deemed vacated.
    3. This notice will be effective September 13, 2016, unless 
opposing comments are filed by September 12, 2016.
    4. A copy of this notice will be served on: (1) The U.S. Department 
of Transportation, Federal Motor Carrier Safety Administration, 1200 
New Jersey Avenue SE., Washington, DC 20590; (2) the U.S. Department of 
Justice, Antitrust Division, 10th Street & Pennsylvania Avenue NW., 
Washington, DC 20530; and (3) the U.S. Department of Transportation, 
Office of the General Counsel, 1200 New Jersey Avenue SE., Washington, 
DC 20590.

    Decided: July 25, 2016.

    By the Board, Chairman Elliott, Vice Chairman Miller, and 
Commissioner Begeman.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2016-17887 Filed 7-27-16; 8:45 am]
BILLING CODE 4915-01-P

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