FirstGroup plc-Acquisition-Cognisa Transportation, Inc., 38654 [E7-13540]
Download as PDF
<![CDATA[
38654
Federal Register / Vol. 72, No. 134 / Friday, July 13, 2007 / Notices
By the Board, Chairman Nottingham, Vice
Chairman Buttrey, and Commissioner
Mulvey.
Vernon A. Williams,
Secretary.
[FR Doc. E7–13533 Filed 7–12–07; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. MC–F–21021]
FirstGroup plc—Acquisition—Cognisa
Transportation, Inc.
AGENCY:
Surface Transportation Board,
DOT.
Notice Tentatively Approving
Finance Transaction.
ACTION:
SUMMARY: On June 13, 2007, FirstGroup
plc (FirstGroup), a noncarrier in control
of one or more motor carriers of
passengers, filed an application under
49 U.S.C. 14303 to acquire Board
authorization of its indirect purchase of
the properties of Cognisa
Transportation, Inc. (Cognisa). Persons
wishing to oppose this application must
follow the rules at 49 CFR 1182.5 and
1182.8. The Board has tentatively
approved the transaction, and, if no
opposing comments are timely filed,
this notice will be the final Board
action.
Comments must be filed by
August 27, 2007. Applicant may file a
reply by September 11, 2007. If no
comments are filed by August 27, 2007,
this notice is effective on that date.
ADDRESSES: Send an original and 10
copies of any comments referring to STB
Docket No. MC–F–21021 to: Surface
Transportation Board, 395 E Street, SW.,
Washington, DC 20423–0001. In
addition, send one copy of comments to
applicant’s representative: Fritz R.
Kahn, 1920 N Street, NW., 8th Floor,
Washington, DC 20036.
FOR FURTHER INFORMATION CONTACT: Julia
Farr (202) 245–0359 [Federal
Information Relay Service (FIRS) for the
hearing impaired: 1–800–877–8339].
SUPPLEMENTARY INFORMATION:
FirstGroup is a public limited company
organized under the laws of Scotland,
U.K. FirstGroup states that it has three
North American operating divisions: (1)
First Student, Inc., (2) First Transit, Inc.,
and (3) First Services, Inc. FirstGroup
America, Inc., a wholly owned
subsidiary of FirstGroup USA, Inc.,
controls First Student, Inc. and First
Transit, Inc. (First Transit). First
Services, Inc., a wholly owned
subsidiary of FirstGroup USA, Inc.,
pwalker on PROD1PC71 with NOTICES
DATES:
VerDate Aug<31>2005
19:05 Jul 12, 2007
Jkt 211001
controls First Vehicle Services, Inc. and
First Support Services, Inc.1
According to FirstGroup, First Transit
(MC 576222) purchased the properties
of Cognisa, effective January 1, 2007,
without the advice of commerce counsel
or the approval of the Board. The Board
informed FirstGroup that it must file a
complete application under 49 CFR
1182 seeking authorization for First
Transit’s acquisition of Cognisa.2 We
will consider the application here.
Cognisa (MC–548215) was a motor
common carrier of passengers rendering
special and charter operations,
primarily in the airport, university, and
corporate passenger shuttle market.
The gross operating revenues of
FirstGroup and Cognisa exceed $2
million annually. Through the
transaction, First Transit acquired the
buses, assignable contracts, customer
lists, and good will of Cognisa. All of
these assets have been merged into First
Transit. Cognisa remains a corporate
entity but without transportation assets.
Under 49 U.S.C. 14303(b), the Board
must approve and authorize a
transaction found to be consistent with
the public interest, taking into
consideration at least: (1) The effect of
the transaction on the adequacy of
transportation to the public; (2) the total
fixed charges that result; and (3) the
interest of affected carrier employees.
FirstGroup has submitted
information, as required by 49 CFR
1182.2, including the information to
demonstrate that the transaction is
consistent with public interest under 49
U.S.C. 14303(b). Applicant has shown
that the transaction has had no adverse
impact on the adequacy of
transportation services available to the
public, that the transaction has not had
an adverse effect on the total fixed
charges, and that the interests of
employees of Cognisa were not
adversely impacted. Additional
information, including a copy of the
application, may be obtained from the
applicant’s representative.
On the basis of the application, we
find that the acquisition of control is
consistent with the public interest and
should be authorized. If any opposing
comments are timely filed, this finding
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
1 FirstGroup’s corporate organization chart is
attached as Exhibit 1 to its application.
2 See FirstGroup plc—Acquisition—Laidlaw
International, Inc., STB Docket No. MC–F–21020
(STB served Apr. 5, 2007).
PO 00000
Frm 00105
Fmt 4703
Sfmt 4703
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: https://
www.stb.dot.gov.
This decision will not significantly
affect either the quality of the human
environment or the conservation of
energy resources.
It is ordered:
1. The finance transaction is approved
and authorized, subject to the filing of
opposing comments.
2. If timely opposing comments are
filed, the findings made in this notice
will be deemed as having been vacated.
3. This notice will be effective August
27, 2007, unless timely opposing
comments are filed.
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.
Dated: July 5, 2007.
By the Board, Chairman Nottingham, Vice
Chairman Buttrey, and Commissioner
Mulvey.
Vernon A. Williams,
Secretary.
[FR Doc. E7–13540 Filed 7–12–07; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35059]
The Indiana Rail Road Company—
Trackage Rights Exemption—CSX
Transportation, Inc.
Pursuant to a written draft trackage
rights agreement, CSX Transportation,
Inc. (CSXT) has agreed to grant limited
overhead trackage rights to The Indiana
Rail Road Company (INRD) over CSXT’s
line of railroad known as the CE&D
Subdivision, between CSXT’s
connection with INRD’s trackage at
approximately CSXT milepost OZA
181.70 at Belt Junction, Terre Haute, IN,
and at approximately CSXT milepost
204.20 at Sullivan, IN, a distance of
approximately 22.5 miles.1
1 Pursuant to 49 CFR 1180.6(a)(7)(ii), INRD states
that it will file the executed trackage rights
agreement with the Board within 10 days of the
date of its execution.
E:\FR\FM\13JYN1.SGM
13JYN1
]]>Agencies
[Federal Register Volume 72, Number 134 (Friday, July 13, 2007)]
[Notices]
[Page 38654]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-13540]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. MC-F-21021]
FirstGroup plc--Acquisition--Cognisa Transportation, Inc.
AGENCY: Surface Transportation Board, DOT.
ACTION: Notice Tentatively Approving Finance Transaction.
-----------------------------------------------------------------------
SUMMARY: On June 13, 2007, FirstGroup plc (FirstGroup), a noncarrier in
control of one or more motor carriers of passengers, filed an
application under 49 U.S.C. 14303 to acquire Board authorization of its
indirect purchase of the properties of Cognisa Transportation, Inc.
(Cognisa). Persons wishing to oppose this application must follow the
rules at 49 CFR 1182.5 and 1182.8. The Board has tentatively approved
the transaction, and, if no opposing comments are timely filed, this
notice will be the final Board action.
DATES: Comments must be filed by August 27, 2007. Applicant may file a
reply by September 11, 2007. If no comments are filed by August 27,
2007, this notice is effective on that date.
ADDRESSES: Send an original and 10 copies of any comments referring to
STB Docket No. MC-F-21021 to: Surface Transportation Board, 395 E
Street, SW., Washington, DC 20423-0001. In addition, send one copy of
comments to applicant's representative: Fritz R. Kahn, 1920 N Street,
NW., 8th Floor, Washington, DC 20036.
FOR FURTHER INFORMATION CONTACT: Julia Farr (202) 245-0359 [Federal
Information Relay Service (FIRS) for the hearing impaired: 1-800-877-
8339].
SUPPLEMENTARY INFORMATION: FirstGroup is a public limited company
organized under the laws of Scotland, U.K. FirstGroup states that it
has three North American operating divisions: (1) First Student, Inc.,
(2) First Transit, Inc., and (3) First Services, Inc. FirstGroup
America, Inc., a wholly owned subsidiary of FirstGroup USA, Inc.,
controls First Student, Inc. and First Transit, Inc. (First Transit).
First Services, Inc., a wholly owned subsidiary of FirstGroup USA,
Inc., controls First Vehicle Services, Inc. and First Support Services,
Inc.\1\
---------------------------------------------------------------------------
\1\ FirstGroup's corporate organization chart is attached as
Exhibit 1 to its application.
---------------------------------------------------------------------------
According to FirstGroup, First Transit (MC 576222) purchased the
properties of Cognisa, effective January 1, 2007, without the advice of
commerce counsel or the approval of the Board. The Board informed
FirstGroup that it must file a complete application under 49 CFR 1182
seeking authorization for First Transit's acquisition of Cognisa.\2\ We
will consider the application here.
---------------------------------------------------------------------------
\2\ See FirstGroup plc--Acquisition--Laidlaw International,
Inc., STB Docket No. MC-F-21020 (STB served Apr. 5, 2007).
---------------------------------------------------------------------------
Cognisa (MC-548215) was a motor common carrier of passengers
rendering special and charter operations, primarily in the airport,
university, and corporate passenger shuttle market.
The gross operating revenues of FirstGroup and Cognisa exceed $2
million annually. Through the transaction, First Transit acquired the
buses, assignable contracts, customer lists, and good will of Cognisa.
All of these assets have been merged into First Transit. Cognisa
remains a corporate entity but without transportation assets.
Under 49 U.S.C. 14303(b), the Board must approve and authorize a
transaction found to be consistent with the public interest, taking
into consideration at least: (1) The effect of the transaction on the
adequacy of transportation to the public; (2) the total fixed charges
that result; and (3) the interest of affected carrier employees.
FirstGroup has submitted information, as required by 49 CFR 1182.2,
including the information to demonstrate that the transaction is
consistent with public interest under 49 U.S.C. 14303(b). Applicant has
shown that the transaction has had no adverse impact on the adequacy of
transportation services available to the public, that the transaction
has not had an adverse effect on the total fixed charges, and that the
interests of employees of Cognisa were not adversely impacted.
Additional information, including a copy of the application, may be
obtained from the applicant's representative.
On the basis of the application, we find that the acquisition of
control is consistent with the public interest and should be
authorized. If any opposing comments are timely filed, this finding
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:
https://www.stb.dot.gov.
This decision will not significantly affect either the quality of
the human environment or the conservation of energy resources.
It is ordered:
1. The finance transaction is approved and authorized, subject to
the filing of opposing comments.
2. If timely opposing comments are filed, the findings made in this
notice will be deemed as having been vacated.
3. This notice will be effective August 27, 2007, unless timely
opposing comments are filed.
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.
Dated: July 5, 2007.
By the Board, Chairman Nottingham, Vice Chairman Buttrey, and
Commissioner Mulvey.
Vernon A. Williams,
Secretary.
[FR Doc. E7-13540 Filed 7-12-07; 8:45 am]
BILLING CODE 4915-01-P
