Stagecoach Group PLC and Coach USA, Inc., et al.-Acquisition of Control-Twin America, LLC, 47985-47986 [E9-22488]

Download as PDF Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices single-spaced standard letter-size pages in 12-point type, including attachments. Any data attachments to the submission should be included in the same file as the submission itself, and not as separate files. Business Confidential Petitions Persons wishing to submit business confidential information must submit that information by electronic mail to FR0807@ustr.eop.gov. Business confidential submissions will not be accepted at http://www.regulations.gov. For any document containing business confidential information submitted as a file attached to an e-mail transmission, the file name of the business confidential version should begin with the characters ‘‘BC.’’ The ‘‘BC’’ should be followed by the name of the party (government, company, union, association, etc.) that is making the submission. If a comment contains business confidential information that the submitter wishes to protect from public disclosure, the confidential submission must be marked ‘‘Business Confidential’’ at the top and bottom of each page. In addition, the submission must be accompanied by a nonconfidential version that indicates, with asterisks, where confidential information was redacted or deleted. The top and bottom of each page of the non-confidential version must be marked either ‘‘Public Version’’ or ‘‘Non-Confidential’’. The file name of the public version should begin with the characters ‘‘P’’. The ‘‘P’’ should be followed by the name of the party (government, company, union, association, etc.) that is making the submission. Business confidential comments that are submitted without the required markings or that are not accompanied by a properly marked non-confidential version as set forth above may not be accepted or may be treated as public documents. erowe on DSK5CLS3C1PROD with NOTICES Marideth J. Sandler, Executive Director for the GSP Program, Chairman, GSP Subcommittee of the Trade Policy Staff Committee. [FR Doc. E9–22525 Filed 9–17–09; 8:45 am] BILLING CODE 3190–W9–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. MC–F–21035] Stagecoach Group PLC and Coach USA, Inc., et al.—Acquisition of Control—Twin America, LLC Surface Transportation Board. Notice of Finance Application. AGENCY: ACTION: SUMMARY: On August 19, 2009, Stagecoach Group PLC (Stagecoach), a noncarrier, its noncarrier intermediate subsidiaries (Stagecoach Transport Holdings plc, SCUSI Ltd., Coach USA Administration, Inc.), Coach USA, Inc. (Coach USA), International Bus Services (IBS), a motor passenger carrier (MC– 155937) controlled by Coach USA, City Sights Twin, LLC (City Sights Twin), a noncarrier, and Mr. Zev Marmurstein (collectively, Applicants), filed an application under 49 U.S.C. 14303 to acquire control of Twin America, LLC (Twin America) when it becomes a carrier.1 Applicants advised the Board that the New York State Attorney General’s office served subpoenas duces tecum on Gray Line New York Tours, Inc., Gray Line Twin, LLC, CitySights LLC, City Sights New York LLC, City Sights Daily LLC, and Twin America inquiring into the operation of those entities, the formation of Twin America, and related matters. On August 26, 2009, the New York State Attorney General filed a notice of intent to participate as a party of record. A copy of this notice will be served on the New York State Attorney General. Persons wishing to oppose this application must follow the rules at 49 CFR 1182.5 and 1182.8. DATES: Comments must be filed by November 2, 2009. Applicants may file a reply by November 17, 2009. ADDRESSES: Send an original and 10 copies of any comments referring to STB Docket No. MC–F–21035 to: Surface Transportation Board, 395 E Street, SW., Washington, DC 20423–0001. In addition, send one copy of comments to Applicants’ representative: David H. Coburn, Steptoe & Johnson LLP, 1330 Connecticut Ave., NW., Washington, DC 20036. FOR FURTHER INFORMATION CONTACT: Julia Farr (202) 245–0359 [Federal Information Relay (FIRS) for the hearing impaired: 1–800–877–8339]. 1 Twin America is in the process of applying with the Federal Motor Carrier Safety Administration (FMCSA) to be a registered motor passenger carrier. It holds USDOT number 1924173 and has been assigned docket number MC–688284 by FMCSA. VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 47985 SUPPLEMENTARY INFORMATION: Stagecoach is a public limited corporation organized under the laws of Scotland. Coach USA is a Delaware corporation that controls numerous motor passenger carriers. Mr. Zev Marmurstein is the sole member and owner of City Sights Twin, a noncarrier formed for the purpose of owning an interest in Twin America. In March 2009, City Sights Twin and IBS formed Twin America. Twin America was formed because Applicants recognized that IBS and City Sights LLC, the previous operator of transportation services now provided by City Sights Twin, were experiencing declining revenues due to the challenging economic environment. The companies have determined that combining their assets under common management would provide cost savings. According to Applicants, Twin America currently operates motor carrier tourism transportation services in New York City as well as transportation to destinations outside the state of New York. Specifically, Twin America transports passengers from hotels in New Jersey to New York City and ‘‘conducts occasional interstate charter operations with its own vehicles between the New York City area and other states.’’ Additionally, Applicants state that Twin America is involved in transportation arrangements with other carriers to provide interstate travel between the New York City area and other States. Applicants have submitted the information required by 49 CFR 1182.2,2 and submitted a statement that the 12month aggregate gross operating revenues of the carrier applicants exceed the $2 million jurisdictional threshold of 49 U.S.C. 14303(g). Applicants state that the proposed transaction will not affect the adequacy of transportation services available to the public because the charter/tour bus segment is competitive, the proposed transaction will not adversely impact competition, and this agency’s prior finding regarding low entry barriers in this segment continues to be accurate. Applicants also state that the proposed transaction will not adversely impact fixed charges because it will not have an adverse impact on the level of debt held by Twin America or on the ability of Twin America to repay that debt, and that the employees of Twin America, other than a small number of 2 By pleading filed on September 14, 2009, Applicants supplemented their original filing by including the FMCSA safety ratings as required by 49 CFR 1182.2(8). E:\FR\FM\18SEN1.SGM 18SEN1 47986 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices erowe on DSK5CLS3C1PROD with NOTICES administrative employees, will not be adversely affected. As discussed above, Applicants state that they are currently providing various transportation services in interstate commerce. Applicants, however, do not provide specific information detailing the authority under which these interstate services operate. We note also that the New York State Attorney General has served subpoenas duces tecum on Twin America and several other entities, inquiring into the operation of those entities, the formation of Twin America, and related matters, and has asked to participate as a party of record in this proceeding. For these reasons, we will not grant tentative authority under 49 CFR 1182.4(b). Instead, we will institute a proceeding to address these matters as well as determine the merits of the application pursuant to 49 U.S.C. 14303. Comments and responses are to be submitted as ordered below. See 49 CFR 1182.5 and 1182.6. Board decisions and notices are available on our Web site at 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. Comments must be filed by November 2, 2009. Applicants may file a reply by November 17, 2009. 2. This notice will be effective on date of service. 3. A copy of this decision 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; (3) the U.S. Department of Transportation, Office of the General Counsel, 1200 New Jersey Avenue, SE., Washington, DC 20590; and (4) the New York State Office of the Attorney General, The Capitol, Albany, NY 12224–0341. Decided: September 15, 2009. By the Board, Chairman Elliott, Vice Chairman Nottingham, and Commissioner Mulvey. Kulunie L. Cannon, Clearance Clerk. [FR Doc. E9–22488 Filed 9–17–09; 8:45 am] BILLING CODE 4915–01–P VerDate Nov<24>2008 15:10 Sep 17, 2009 Jkt 217001 DEPARTMENT OF TRANSPORTATION Federal Highway Administration [Docket No. FHWA–2009–0096] Agency Information Collection Activities: Request for Comments for a New Information Collection AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice and request for comments. SUMMARY: The FHWA invites public comments about our intention to request the Office of Management and Budget’s (OMB) approval for a new information collection, which is summarized below under SUPPLEMENTARY INFORMATION. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995. DATES: Please submit comments by November 17, 2009. ADDRESSES: You may submit comments identified by DOT Docket ID Number 2009–0096 by any of the following methods: Web Site: For access to the docket to read background documents or comments received go to the Federal eRulemaking Portal: Go to http:// www.regulations.gov. Follow the online instructions for submitting comments. Fax: 1–202–493–2251. Mail: Docket Management Facility, U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590–0001. Hand Delivery or Courier: U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Marshall Wainright, 202–366–4842, or Arnold Feldman, 202–366–2028, Office of Real Estate Services, Federal Highway Administration, Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590. Office hours are from 8 a.m. to 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Title: 2009 Business Relocation Assistance Retrospective Study. Background: Among benefits included in relocation assistance under the Uniform Act is a payment, not to exceed $10,000, to assist displaced businesses in reestablishing at a new location. The Uniform Act also includes a fixed payment for moving expenses PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 not to exceed $20,000 in lieu of the payments for actual reasonable moving and reestablishment related expenses. The Uniform Act benefit levels were last revised in 1989. Since that time, displaced business moves have become increasingly complex and costly. HEPR, the General Accounting Office (GAO) and several States have done recent research into the costs born by businesses that are required to relocate as a result of federally funded projects and programs. The general conclusion is that the Uniform Act benefit levels are inadequate. For example the GAO recently reported on the need for an update of benefit levels in Eminent Domain, Information about its Uses and Effect on Communities and Property Owners Is Limited (GAO–07–28). The report communicates in several points, including discussions on pages 4 and 16, that Uniform Act benefits available to business are considered inadequate by interviewees. The data collected utilizing the following interview document would identify the name, location and type of business; actual costs that a business incurs which would be reimbursable if not for the statutory maximum reestablishment expenses or the additional in-lieu eligibility that a business would be eligible to receive as well as the amount of the relocation assistance the business received as a reimbursement through the relocation program. Interviews with selected participants will be conducted over a one year period. Respondents: Approximately 300 participants to be interviewed in a one year. Frequency: One collection from each participant. Estimated Average Burden per Response: Approximately 4 hours per participant over a year. Estimated Total Annual Burden Hours: Approximately 1200 hours. Public Comments Invited: You are asked to comment on any aspect of this information collection, including: (1) Whether the proposed collection is necessary for the FHWA’s performance; (2) the accuracy of the estimated burdens; (3) ways for the FHWA to enhance the quality, usefulness, and clarity of the collected information; and (4) ways that the burden could be minimized, including the use of electronic technology, without reducing the quality of the collected information. The agency will summarize and/or include your comments in the request for OMB’s clearance of this information collection. E:\FR\FM\18SEN1.SGM 18SEN1

Agencies

[Federal Register Volume 74, Number 180 (Friday, September 18, 2009)]
[Notices]
[Pages 47985-47986]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22488]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. MC-F-21035]


Stagecoach Group PLC and Coach USA, Inc., et al.--Acquisition of 
Control--Twin America, LLC

AGENCY: Surface Transportation Board.

ACTION: Notice of Finance Application.

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

SUMMARY: On August 19, 2009, Stagecoach Group PLC (Stagecoach), a 
noncarrier, its noncarrier intermediate subsidiaries (Stagecoach 
Transport Holdings plc, SCUSI Ltd., Coach USA Administration, Inc.), 
Coach USA, Inc. (Coach USA), International Bus Services (IBS), a motor 
passenger carrier (MC-155937) controlled by Coach USA, City Sights 
Twin, LLC (City Sights Twin), a noncarrier, and Mr. Zev Marmurstein 
(collectively, Applicants), filed an application under 49 U.S.C. 14303 
to acquire control of Twin America, LLC (Twin America) when it becomes 
a carrier.\1\ Applicants advised the Board that the New York State 
Attorney General's office served subpoenas duces tecum on Gray Line New 
York Tours, Inc., Gray Line Twin, LLC, CitySights LLC, City Sights New 
York LLC, City Sights Daily LLC, and Twin America inquiring into the 
operation of those entities, the formation of Twin America, and related 
matters. On August 26, 2009, the New York State Attorney General filed 
a notice of intent to participate as a party of record. A copy of this 
notice will be served on the New York State Attorney General. Persons 
wishing to oppose this application must follow the rules at 49 CFR 
1182.5 and 1182.8.
---------------------------------------------------------------------------

    \1\ Twin America is in the process of applying with the Federal 
Motor Carrier Safety Administration (FMCSA) to be a registered motor 
passenger carrier. It holds USDOT number 1924173 and has been 
assigned docket number MC-688284 by FMCSA.

DATES: Comments must be filed by November 2, 2009. Applicants may file 
---------------------------------------------------------------------------
a reply by November 17, 2009.

ADDRESSES: Send an original and 10 copies of any comments referring to 
STB Docket No. MC-F-21035 to: Surface Transportation Board, 395 E 
Street, SW., Washington, DC 20423-0001. In addition, send one copy of 
comments to Applicants' representative: David H. Coburn, Steptoe & 
Johnson LLP, 1330 Connecticut Ave., NW., Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: Julia Farr (202) 245-0359 [Federal 
Information Relay (FIRS) for the hearing impaired: 1-800-877-8339].

SUPPLEMENTARY INFORMATION: Stagecoach is a public limited corporation 
organized under the laws of Scotland. Coach USA is a Delaware 
corporation that controls numerous motor passenger carriers. Mr. Zev 
Marmurstein is the sole member and owner of City Sights Twin, a 
noncarrier formed for the purpose of owning an interest in Twin 
America.
    In March 2009, City Sights Twin and IBS formed Twin America. Twin 
America was formed because Applicants recognized that IBS and City 
Sights LLC, the previous operator of transportation services now 
provided by City Sights Twin, were experiencing declining revenues due 
to the challenging economic environment. The companies have determined 
that combining their assets under common management would provide cost 
savings. According to Applicants, Twin America currently operates motor 
carrier tourism transportation services in New York City as well as 
transportation to destinations outside the state of New York. 
Specifically, Twin America transports passengers from hotels in New 
Jersey to New York City and ``conducts occasional interstate charter 
operations with its own vehicles between the New York City area and 
other states.'' Additionally, Applicants state that Twin America is 
involved in transportation arrangements with other carriers to provide 
interstate travel between the New York City area and other States.
    Applicants have submitted the information required by 49 CFR 
1182.2,\2\ and submitted a statement that the 12-month aggregate gross 
operating revenues of the carrier applicants exceed the $2 million 
jurisdictional threshold of 49 U.S.C. 14303(g). Applicants state that 
the proposed transaction will not affect the adequacy of transportation 
services available to the public because the charter/tour bus segment 
is competitive, the proposed transaction will not adversely impact 
competition, and this agency's prior finding regarding low entry 
barriers in this segment continues to be accurate. Applicants also 
state that the proposed transaction will not adversely impact fixed 
charges because it will not have an adverse impact on the level of debt 
held by Twin America or on the ability of Twin America to repay that 
debt, and that the employees of Twin America, other than a small number 
of

[[Page 47986]]

administrative employees, will not be adversely affected.
---------------------------------------------------------------------------

    \2\ By pleading filed on September 14, 2009, Applicants 
supplemented their original filing by including the FMCSA safety 
ratings as required by 49 CFR 1182.2(8).
---------------------------------------------------------------------------

    As discussed above, Applicants state that they are currently 
providing various transportation services in interstate commerce. 
Applicants, however, do not provide specific information detailing the 
authority under which these interstate services operate. We note also 
that the New York State Attorney General has served subpoenas duces 
tecum on Twin America and several other entities, inquiring into the 
operation of those entities, the formation of Twin America, and related 
matters, and has asked to participate as a party of record in this 
proceeding. For these reasons, we will not grant tentative authority 
under 49 CFR 1182.4(b). Instead, we will institute a proceeding to 
address these matters as well as determine the merits of the 
application pursuant to 49 U.S.C. 14303. Comments and responses are to 
be submitted as ordered below. See 49 CFR 1182.5 and 1182.6.
    Board decisions and notices are available on our Web site at 
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. Comments must be filed by November 2, 2009. Applicants may file 
a reply by November 17, 2009.
    2. This notice will be effective on date of service.
    3. A copy of this decision 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; (3) the U.S. Department of 
Transportation, Office of the General Counsel, 1200 New Jersey Avenue, 
SE., Washington, DC 20590; and (4) the New York State Office of the 
Attorney General, The Capitol, Albany, NY 12224-0341.

    Decided: September 15, 2009.

    By the Board, Chairman Elliott, Vice Chairman Nottingham, and 
Commissioner Mulvey.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-22488 Filed 9-17-09; 8:45 am]
BILLING CODE 4915-01-P