Delivery Acquisition, Inc.-Purchase-Transportation Management Systems, LLC and East West Resort Transportation, LLC, 41401-41402 [E8-16409]
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Federal Register / Vol. 73, No. 139 / Friday, July 18, 2008 / Notices
dwashington3 on PRODPC61 with NOTICES3
improves the performance of the
transportation system.
A related challenge is to find ways to
quickly develop and implement
appropriate safety controls for new
materials or technologies that are not
covered by current regulatory
requirements. Transportation is key to
promoting the development and
widespread utilization of new
technologies. Government and industry
must be able to address possible safety
risks associated with new materials or
technologies without undue delays in
authorizing their transportation. One
strategy may be for a company to invest
in independent, third-party analyses of
safety risks associated with a new
material or technology that would then
form the basis for development of
rigorous transportation controls that
would be approved by PHMSA pending
promulgation of more general regulatory
requirements.
C. Achieving Balance and
Effectiveness—Consistency and
Uniformity
A third challenge for the hazardous
materials transportation safety program
is to identify integrated strategies for
advancing safety that involve the many
regulatory agencies and non-federal
jurisdictions with hazardous materials
oversight responsibilities. A number of
federal agencies, including the
Environmental Protection Agency, the
Occupational Safety and Health
Administration, the Bureau of Alcohol,
Tobacco, Firearms, and Explosives, and
the Department of Homeland Security,
have regulatory authority over facilities
that manufacture, handle, and store
hazardous materials outside of
transportation. In addition, state and
local governments may elect to regulate
facilities that manufacture or store
hazardous materials within their
jurisdictions. Because these agencies
and authorities have different interests
and goals, regulated entities are
sometimes confronted with a myriad of
differing and, perhaps, inconsistent
requirements that impair productivity
and efficiency and could adversely
affect safety. At the same time, critical
safety issues may not be addressed at
all. A broad strategy to more closely
integrate all of these programs would
enhance system wide risk reduction
through information and data sharing,
early identification of safety problems,
and leveraging of resources.
PHMSA invites all interested persons,
including state and local officials,
emergency response personnel, and
hazardous materials shippers and
carriers, to participate in this workshop.
We would like to use this forum to
VerDate Aug<31>2005
15:36 Jul 17, 2008
Jkt 214001
promote a dialogue among all interested
stakeholders to help us identify the
most appropriate strategies for
identifying and addressing emerging
transportation safety challenges. If you
wish to participate in the public
workshop, you must provide your name
and organization to Ms. Maria Howard
by telephone (202–366–0225) or e-mail
(Maria.Howard@dot.gov) or Latoya
Moore by telephone (202–366–0656) or
e-mail (Latoya.Moore@dot.gov) no later
than July 24, 2008. Non-federal
personnel must also provide the last five
digits of their social security numbers.
Providing this information will facilitate
the security screening process for entry
into the building on the day of the
workshop. Participants should plan to
arrive at 8 a.m. and must present a
picture ID to enter the building.
Participants do not need to prepare oral
comments, but rather, be prepared to
take part in an open discussion on the
issues outlined above.
Issued in Washington, DC on July 15, 2008.
Theodore L. Willke,
Associate Administrator for Hazardous
Materials Safety.
[FR Doc. E8–16503 Filed 7–17–08; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. MC–F–21028]
Delivery Acquisition, Inc.—Purchase—
Transportation Management Systems,
LLC and East West Resort
Transportation, LLC
Surface Transportation Board.
Notice Tentatively Approving
Finance Transaction.
AGENCY:
ACTION:
SUMMARY: On June 19, 2008, Delivery
Acquisition, Inc. (Delivery) an indirect
subsidiary of Vail Resorts, Inc. (VRI),
filed an application under 49 U.S.C.
14303 to acquire control, through
purchase, of the properties of
Transportation Management Systems,
LLC f/k/a TMS, Inc.1 (TMS) and East
West Resort Transportation, LLC
(EWRT). The application also sought
Board authority for VRI to control
Delivery, which will become a carrier
upon its acquisition of the carrier assets,
including operating authorities, of TMS
1 Pursuant to 49 CFR 365.413, et seq. a notice of
name change has been furnished
contemporaneously to the Federal Motor Carrier
Safety Administration reflecting that the correct
name of the entity referred to as TMS, LLC in the
Board’s decision in Docket No. MC–F–20996,
served January 10, 2003, is Transportation
Management Systems, LLC.
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Fmt 4703
Sfmt 4703
41401
and EWRT. 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
September 2, 2008. Applicants may file
a reply by September 16, 2008. If no
comments are filed by September 2,
2008, this notice is effective on that
date.
Send an original and 10
copies of any comments referring to STB
Docket No. MC–F–21028 to: Surface
Transportation Board, 395 E Street, SW.,
Washington, DC 20423–0001. In
addition, send one copy of comments to
Delivery’s representative: Mark A.
Davidson, Dufford & Brown P.C., 1700
Broadway, Suite 2100, Denver, CO
80290–2101, and send one copy of
comments to TMS’s representative:
Thomas J. Burke, Jr., Jones & Keller,
P.C., 1625 Broadway, Suite 1600,
Denver, CO 80202–4727.
FOR FURTHER INFORMATION CONTACT: Julia
Farr (202) 245–0359 [Federal
Information Relay (FIRS) for the hearing
impaired: 1–800–877–8339].
SUPPLEMENTARY INFORMATION: Delivery is
a Colorado corporation and is a newly
created direct subsidiary of The Vail
Corporation, which is a subsidiary of
Vail Holdings, Inc., which is, in turn, a
subsidiary of VRI, a Delaware
corporation. VRI operates year-round
resorts in Colorado and controls,
through The Vail Corporation, Grand
Teton Lodge Company, a registered
motor passenger carrier (MC–6259).
Applicants seek authorization under 49
U.S.C. 14303(a)(5) for VRI, as a person
in control of a carrier, to acquire control
of the assets of EWRT and TMS through
Delivery’s transaction.
Following the transaction, Delivery
will be a carrier. Delivery and Grand
Teton Lodge Company will become
affiliated carriers through VRI, although
none of these carriers will be in control
of the others.
Delivery will control, through
purchase, the assets, including
certificates of public convenience and
necessity of EWRT and TMS 2 both of
which are Delaware limited liability
companies. TMS and EWRT are lessor
and lessee, respectively, of the operating
rights issued by the former Interstate
Commerce Commission in MC–169714
and MC–174332, providing for special
ADDRESSES:
2 TMS does business under the following trade
names: Colorado Mountain Express and/or CME
Premier and/or Premier VIP Transportation, and/or
Resort Express.
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dwashington3 on PRODPC61 with NOTICES3
41402
Federal Register / Vol. 73, No. 139 / Friday, July 18, 2008 / Notices
and charter operations in interstate and
foreign commerce, and in MC–181367,
providing for interstate and intrastate
regular route operations. TMS and
EWRT are also lessor and lessee,
respectively, of an operating right issued
by the Public Utilities Commission of
the State of Colorado. Delivery will
acquire the intrastate operating
authority as a result of the transaction.
To consummate the transaction, TMS
and EWRT propose to sell all their
assets, including their interests in the
operating rights to Delivery, for a
purchase price of $41.5 million, subject
to certain adjustments.3
Applicants state that the 12-month
aggregate gross operating revenues of all
motor carriers controlling, controlled
by, or under common control with any
party from all transportation sources
exceed the $2 million jurisdictional
threshold of 49 U.S.C. 14303(g).
Under 49 U.S.C. 14303(b), the Board
must approve and authorize a
transaction we find 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.
Applicants have submitted
information, as required by 49 CFR
1182.2(a)(7), to demonstrate that the
proposed acquisition of control is
consistent with the public interest
under 49 U.S.C. 14303(b). Applicants
state that the proposed transaction will
improve the efficiency of transportation
services available to the public, that the
operations of the carriers involved will
remain unchanged, that there are no
fixed charges associated with the
proposed transaction, and that the
employees of EWRT and TMS will not
be adversely affected. In addition,
applicants have submitted all of the
other statements and verifications
required by 49 CFR 1182.8. Additional
information, including a copy of the
application, may be obtained from
applicants’ representative.
On the basis of the application, we
find that the proposed 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
3 The parties submitted a copy of the Asset
Purchase Agreement, covering the entire
transaction, with their application.
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15:36 Jul 17, 2008
Jkt 214001
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 proposed 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 on
September 2, 2008, 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, 950 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 14, 2008.
By the Board, Chairman Nottingham, Vice
Chairman Mulvey, and Commissioner
Buttrey.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8–16409 Filed 7–17–08; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
Privacy Act of 1974, as Amended;
System of Records
Office of the Comptroller of the
Currency, Treasury.
ACTION: Notice of systems of records.
AGENCY:
SUMMARY: In accordance with the
requirements of the Privacy Act of 1974,
as amended, 5 U.S.C. 552a, the Office of
the Comptroller of the Currency,
Treasury, is publishing its Privacy Act
systems of records.
SUPPLEMENTARY INFORMATION: Pursuant
to the Privacy Act of 1974 (5 U.S.C.
552a) and the Office of Management and
Budget (OMB) Circular No. A–130, the
Comptroller of the Currency (OCC) has
completed a review of its Privacy Act
systems of records notices to identify
minor changes that will more accurately
describe these records.
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Fmt 4703
Sfmt 4703
This publication incorporates the
amendment to Treasury/CC.600—
Consumer Complaint and Inquiry
Information System that was published
on October 18, 2006, at 71 FR 61538.
Other changes throughout the document
are editorial in nature and consist
principally of revising address
information and minor editorial
changes. The systems of records were
last published in their entirety on July
11, 2005, at 70 FR 39853–39864.
On May 22, 2007, the Office of
Management and Budget (OMB) issued
Memorandum M–07–16 entitled
‘‘Safeguarding Against and Responding
to the Breach of Personally Identifiable
Information.’’ It required agencies to
publish a routine use providing for a
breach remediation as recommended by
the President’s Identity Theft Task
Force. As part of that effort, the
Department published a notice of a
proposed routine use on October 3,
2007, at 72 FR 56434, and it was
effective on November 13, 2007. The
new routine use has been added and is
reflected in each OCC systems of
records notices below.
Department of the Treasury
regulations require the Department to
publish the existence and character of
all systems of records every three years
(31 CFR 1.23(a)(1)). With respect to its
inventory of Privacy Act systems of
records, the OCC has determined that
the information contained in its systems
of records is accurate, timely, relevant,
complete, and is necessary to maintain
the proper performance of a
documented agency function.
Systems Covered by This Notice
This notice covers all systems of
records adopted by the OCC up to June
3, 2008. The systems notices are
reprinted in their entirety following the
Table of Contents.
Dated: July 11, 2008.
Elizabeth Cuffe,
Deputy Assistant Secretary for Privacy and
Treasury Records.
The Comptroller of the Currency (OCC)
Table of Contents
CC.100—Enforcement Action Report System
CC.110—Reports of Suspicious Activities
CC.120—Bank Fraud Information System
CC.200—Chain Banking Organizations
System
CC.210—Bank Securities Dealers System
CC.220—Section 914 Tracking System
CC.340—Access Control System
CC.500—Chief Counsel’s Management
Information System
CC.510—Litigation Information System
CC.600—Consumer Complaint and Inquiry
Information System
CC.700—Correspondence Tracking System
E:\FR\FM\18JYN1.SGM
18JYN1
]]>Agencies
[Federal Register Volume 73, Number 139 (Friday, July 18, 2008)]
[Notices]
[Pages 41401-41402]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16409]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. MC-F-21028]
Delivery Acquisition, Inc.--Purchase--Transportation Management
Systems, LLC and East West Resort Transportation, LLC
AGENCY: Surface Transportation Board.
ACTION: Notice Tentatively Approving Finance Transaction.
-----------------------------------------------------------------------
SUMMARY: On June 19, 2008, Delivery Acquisition, Inc. (Delivery) an
indirect subsidiary of Vail Resorts, Inc. (VRI), filed an application
under 49 U.S.C. 14303 to acquire control, through purchase, of the
properties of Transportation Management Systems, LLC f/k/a TMS, Inc.\1\
(TMS) and East West Resort Transportation, LLC (EWRT). The application
also sought Board authority for VRI to control Delivery, which will
become a carrier upon its acquisition of the carrier assets, including
operating authorities, of TMS and EWRT. 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.
---------------------------------------------------------------------------
\1\ Pursuant to 49 CFR 365.413, et seq. a notice of name change
has been furnished contemporaneously to the Federal Motor Carrier
Safety Administration reflecting that the correct name of the entity
referred to as TMS, LLC in the Board's decision in Docket No. MC-F-
20996, served January 10, 2003, is Transportation Management
Systems, LLC.
DATES: Comments must be filed by September 2, 2008. Applicants may file
a reply by September 16, 2008. If no comments are filed by September 2,
---------------------------------------------------------------------------
2008, this notice is effective on that date.
ADDRESSES: Send an original and 10 copies of any comments referring to
STB Docket No. MC-F-21028 to: Surface Transportation Board, 395 E
Street, SW., Washington, DC 20423-0001. In addition, send one copy of
comments to Delivery's representative: Mark A. Davidson, Dufford &
Brown P.C., 1700 Broadway, Suite 2100, Denver, CO 80290-2101, and send
one copy of comments to TMS's representative: Thomas J. Burke, Jr.,
Jones & Keller, P.C., 1625 Broadway, Suite 1600, Denver, CO 80202-4727.
FOR FURTHER INFORMATION CONTACT: Julia Farr (202) 245-0359 [Federal
Information Relay (FIRS) for the hearing impaired: 1-800-877-8339].
SUPPLEMENTARY INFORMATION: Delivery is a Colorado corporation and is a
newly created direct subsidiary of The Vail Corporation, which is a
subsidiary of Vail Holdings, Inc., which is, in turn, a subsidiary of
VRI, a Delaware corporation. VRI operates year-round resorts in
Colorado and controls, through The Vail Corporation, Grand Teton Lodge
Company, a registered motor passenger carrier (MC-6259). Applicants
seek authorization under 49 U.S.C. 14303(a)(5) for VRI, as a person in
control of a carrier, to acquire control of the assets of EWRT and TMS
through Delivery's transaction.
Following the transaction, Delivery will be a carrier. Delivery and
Grand Teton Lodge Company will become affiliated carriers through VRI,
although none of these carriers will be in control of the others.
Delivery will control, through purchase, the assets, including
certificates of public convenience and necessity of EWRT and TMS \2\
both of which are Delaware limited liability companies. TMS and EWRT
are lessor and lessee, respectively, of the operating rights issued by
the former Interstate Commerce Commission in MC-169714 and MC-174332,
providing for special
[[Page 41402]]
and charter operations in interstate and foreign commerce, and in MC-
181367, providing for interstate and intrastate regular route
operations. TMS and EWRT are also lessor and lessee, respectively, of
an operating right issued by the Public Utilities Commission of the
State of Colorado. Delivery will acquire the intrastate operating
authority as a result of the transaction.
---------------------------------------------------------------------------
\2\ TMS does business under the following trade names: Colorado
Mountain Express and/or CME Premier and/or Premier VIP
Transportation, and/or Resort Express.
---------------------------------------------------------------------------
To consummate the transaction, TMS and EWRT propose to sell all
their assets, including their interests in the operating rights to
Delivery, for a purchase price of $41.5 million, subject to certain
adjustments.\3\
---------------------------------------------------------------------------
\3\ The parties submitted a copy of the Asset Purchase
Agreement, covering the entire transaction, with their application.
---------------------------------------------------------------------------
Applicants state that the 12-month aggregate gross operating
revenues of all motor carriers controlling, controlled by, or under
common control with any party from all transportation sources exceed
the $2 million jurisdictional threshold of 49 U.S.C. 14303(g).
Under 49 U.S.C. 14303(b), the Board must approve and authorize a
transaction we find 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.
Applicants have submitted information, as required by 49 CFR
1182.2(a)(7), to demonstrate that the proposed acquisition of control
is consistent with the public interest under 49 U.S.C. 14303(b).
Applicants state that the proposed transaction will improve the
efficiency of transportation services available to the public, that the
operations of the carriers involved will remain unchanged, that there
are no fixed charges associated with the proposed transaction, and that
the employees of EWRT and TMS will not be adversely affected. In
addition, applicants have submitted all of the other statements and
verifications required by 49 CFR 1182.8. Additional information,
including a copy of the application, may be obtained from applicants'
representative.
On the basis of the application, we find that the proposed
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 proposed 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 on September 2, 2008, 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, 950 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 14, 2008.
By the Board, Chairman Nottingham, Vice Chairman Mulvey, and
Commissioner Buttrey.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-16409 Filed 7-17-08; 8:45 am]
BILLING CODE 4915-01-P
