Francis W. Sherman-Control-Evergreen Trails, Inc., Horizon Coach Lines, Ltd., and Cabana Coaches, LLC, 54878-54879 [E9-25506]
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54878
Federal Register / Vol. 74, No. 204 / Friday, October 23, 2009 / Notices
463, 5 U.S.C., Appendix 2), notice is
hereby given for a Special Committee
216/Aeronautical Systems Security
meeting. The agenda will include:
• Welcome/Introductions/
Administrative Remarks.
• Agenda Overview and Approval of
the Summary of the 10th meeting held
September 1, 2009, (RTCA Paper No.
213–09/SC216–021).
• Report on the PMC/ICC action on
TOR.
• EUROCAE WG–72 Report.
• Subgroup and Action Item Reports.
• Subgroup Meetings/Break-outs.
• Subgroup Reports on Break-outs.
• Establish Dates, Location, and
Agenda for Next Meeting(s).
• Any Other Business.
Attendance is open to the interested
public but limited to space availability.
With the approval of the chairmen,
members of the public may present oral
statements at the meeting. Persons
wishing to present statements or obtain
information should contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section. Members of the public
may present a written statement to the
committee at any time.
Issued in Washington, DC, on October 14,
2009.
Meredith Gibbs,
Staff Specialist, RTCA Advisory Committee.
[FR Doc. E9–25497 Filed 10–22–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. MC–F–21037]
Francis W. Sherman—Control—
Evergreen Trails, Inc., Horizon Coach
Lines, Ltd., and Cabana Coaches, LLC
Surface Transportation Board.
Notice tentatively approving
finance transaction.
AGENCY:
CPrice-Sewell on DSKGBLS3C1PROD with NOTICES
ACTION:
SUMMARY: Francis W. Sherman (FWS), a
noncarrier, has filed an application
under 49 U.S.C. 14303 to acquire
indirect control (through stock
purchase) of Evergreen Trails, Inc.
(Evergreen), and Horizon Coach Lines,
Ltd. (Horizon), and to continue in
control of Cabana Coaches, LLC
(Cabana). Persons wishing to oppose the
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
December 7, 2009. Applicant may file a
VerDate Nov<24>2008
15:24 Oct 22, 2009
Jkt 220001
reply by December 22, 2009. If no
comments are filed by December 7,
2009, this notice is effective on that
date.
ADDRESSES: Send an original and 10
copies of any comments referring to STB
Docket No. MC–F–21037 to: Surface
Transportation Board, 395 E Street, SW.,
Washington, DC 20423–0001. In
addition, send one copy of comments to
applicant’s representatives: Michael L.
Jennings, Esq., Ober Kaler Grimes &
Shriver, a Professional Corporation, 120
East Baltimore Street, Baltimore, MD
21202, and Edward D. Greenberg, Esq.,
GKG Law, P.C., 1054 Thirty-First Street,
NW., Washington, DC 20007.
FOR FURTHER INFORMATION CONTACT: Julia
Farr, (202) 245–0359 [Federal
Information Relay (FIRS) for the hearing
impaired: 1–800–877–8339].
SUPPLEMENTARY INFORMATION: FWS
currently controls one Federal Motor
Carrier Safety Administration (FMCSA)
registered passenger carrier, Cabana
(MC–646780), a Florida limited liability
company. Under the proposed
transaction, FWS is seeking to acquire
indirect control of Evergreen (MC–
107638), a Washington corporation, and
Horizon (MC–144339), a corporation
formed under the laws of the Province
of British Columbia, Canada
(collectively, the acquired carriers),1
both of which are FMCSA registered
motor passenger carriers, and to
continue in control of Cabana.
According to FWS, pursuant to the
Board’s rules at 49 CFR 1013, all of his
interests in Cabana currently are being
held in a voting trust to avoid any
unlawful control pending disposition of
this proceeding. FWS states that the
annual aggregate gross operating
revenues of Cabana and the acquired
carriers exceed the $2 million
jurisdictional threshold of 49 U.S.C.
14303(g).
Following approval and
consummation of the transaction, FWS
states that he will indirectly own all of
the outstanding shares of stock in
Evergreen and Horizon through his
ownership of all of the outstanding
shares of stock in TMS West Coast, Inc.
(TMS), a Washington corporation, and
TMS Canada Holdings Ltd. (TMS–CA),
a British Columbia corporation. FWS
1 FWS states that, prior to this transaction, the
acquired carriers were a part of the common control
structure of Holland America Line Inc. See Holland
America Line Inc.—Acquisition—Royal Hyway
Tours, Inc., STB Docket No. MC–F–21033 (STB
served Apr. 3, 2009); Holland America Line Inc.—
Control—Westours Motor Coaches, Inc., Evergreen
Trails, Inc., Westmark Hotels of Canada, Ltd.,
Horizon Coach Lines, Ltd., and Discover Alaska
Tours, Inc., STB Docket No. MC–F–21026 (STB
served Mar. 21, 2008).
PO 00000
Frm 00103
Fmt 4703
Sfmt 4703
indicates that TMS will acquire all of
the outstanding shares of Evergreen and
TMS–CA will acquire all of the
outstanding shares of Horizon.
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.
Applicant has 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). Applicant states that the
proposed transaction will have no
impact on the adequacy 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 no carrier
employees will be adversely affected by
the transaction, except for a small
number of administrative employees
who may lose their positions so that the
acquired carriers can operate with
increased efficiency. In addition,
applicant has submitted all of the other
statements and certifications required
by 49 CFR 1182.2. Additional
information, including a copy of the
application, may be obtained from
applicant’s representatives.
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 website 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.
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Federal Register / Vol. 74, No. 204 / Friday, October 23, 2009 / Notices
3. This notice will be effective on
December 7, 2009, 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: October 19, 2009.
By the Board, Chairman Elliott, Vice
Chairman Nottingham, and Commissioner
Mulvey.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9–25506 Filed 10–22–09; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF THE TREASURY
Submission for OMB Review;
Comment Request
October 19, 2009.
CPrice-Sewell on DSKGBLS3C1PROD with NOTICES
The Department of Treasury will
submit the following public information
collection requirement(s) to OMB for
review and clearance under the
Paperwork Reduction Act of 1995,
Public Law 104–13 on or after the date
of publication of this notice. Copies of
the submission(s) may be obtained by
calling the Treasury Bureau Clearance
Officer listed. Comments regarding this
information collection should be
addressed to the OMB reviewer listed
and to the Treasury Department
Clearance Officer, Department of the
Treasury, Room 11000, and 1750
Pennsylvania Avenue, NW.,
Washington, DC 20220.
Dates: Written comments should be
received on or before November 23,
2009 to be assured of consideration.
Internal Revenue Service (IRS)
OMB Number: 1545–0975.
Type of Review: Revision.
Title: Estimated Tax for Corporations.
Form: 1120–W; Schedule A (Part 1);
Schedule A (Part II); Schedule A (Part
III).
Description: Form 1120–W is used by
corporations to figure estimated tax
liability and the amount of each
installment payment. Form 1120–W is a
worksheet only. It is not to be filed with
the Internal Revenue Service.
Respondents: Businesses or other forprofits.
Estimated Total Burden Hours:
12,832,766 hours.
VerDate Nov<24>2008
15:24 Oct 22, 2009
Jkt 220001
OMB Number: 1545–0712.
Type of Review: Extension.
Title: Risk Limitations.
Form: 6198.
Description: IRC section 465 requires
taxpayers to limit their at-risk loss to the
lesser of the loss or their amount at risk.
Form 6198 is used by taxpayers to
determine their deductible loss and by
IRS to verify the amount deducted.
Respondents: Businesses or other forprofits.
Estimated Total Burden Hours:
914,419 hours.
OMB Number: 1545–0976.
Type of Review: Revision.
Title: Estimated Tax on Unrelated
Business Taxable Income for TaxExempt Organizations.
Form: 990–W; Schedule A (Part I);
Schedule A (Part II); Schedule A (Part
III).
Description: Form 990–W is used by
tax-exempt trusts and tax-exempt
corporations to figure estimated tax
liability on unrelated business income
and on investment income for private
foundations and the amount of each
installment payment. Form 990–W is a
worksheet only. It is not required to be
filed.
Respondents: Businesses or other forprofits; Not-for-profit institutions.
Estimated Total Burden Hours:
220,310 hours.
OMB Number: 1545–2010.
Type of Review: Extension.
Title: Employer’s Annual Federal Tax
Return (American Samoa, Guam, the
Commonwealth of the Northern Mariana
Islands, and the U.S. Virgin Islands).
Form: 944–SS; 944–PR.
Description: Form 944–SS and Form
944–PR are designed so the smallest
employers (those whose annual liability
for social security and Medicare taxes is
$1,000 or less) will have to file and pay
these taxes only once a year instead of
every quarter.
Respondents: Businesses or other forprofits.
Estimated Total Burden Hours:
191,200 hours.
OMB Number: 1545–1818.
Type of Review: Extension.
Title: Rev. Proc. 2003–38, Commercial
Revitalization Deduction.
Description: Pursuant to Sec. 1400I of
the Internal Revenue Code, this
procedure provides the time and
manner for states to make allocations of
commercial revitalization expenditures
to a new or substantially rehabilitated
building that is placed in service in a
renewal community.
Respondents: State, Local, and Tribal
Governments.
Estimated Total Burden Hours: 200
hours.
PO 00000
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Fmt 4703
Sfmt 4703
54879
OMB Number: 1545–1834.
Type of Review: Extension.
Title: Revenue Procedure 2003–39,
Section 1031 LKE (Like-Kind
Exchanges) Auto Leasing Programs.
Description: Revenue Procedure
2003–39 provides safe harbors for
certain aspects of the qualification
under Sec. 1031 of certain exchanges of
property pursuant to LKE Programs for
federal income tax purposes.
Respondents: Businesses or other forprofits.
Estimated Total Burden Hours: 8,600
hours.
OMB Number: 1545–1502.
Type of Review: Extension.
Title: Form 5304–SIMPLE; Form
5305–SIMPLE; Notice 98–4.
Form: 5304–SIMPLE; 5305 SIMPLE.
Description: Forms 5304–SIMPLE and
5035–SIMPLE are used by an employer
to permit employees to make salary
reduction contributions to a savings
incentive match plan (SIMPLE IRA)
described in Code section 408(p). These
forms are not to be filed with IRS, but
to be retained in the employers’ records
as proof of establishing such a plan,
thereby justifying a deduction for
contributions made to the SIMPLE IRA.
The data is used to verify the deduction.
Notice 98–4 provides guidance for
employers and trustees regarding how
they can comply with the requirements
of Code section 408(p) in establishing
and maintaining a SIMPLE Plan
Respondents: Businesses or other forprofits.
Estimated Total Burden Hours:
2,113,000 hours.
OMB Number: 1545–1069.
Type of Review: Extension.
Title: EE–175–86 (Final) Certain Cash
or Deferred Arrangements and
Employee and Matching Contributions
under Employee Plans: REG–108639–99
(NPRM) Retirement Plans; Cash or
Deferred Arrangements.
Description: The IRS needs this
information to insure compliance with
sections 401(k), 401(m), and 4979 of the
Internal Revenue Code. Certain
additional taxes may be imposed if
sections 401(k) and 401(m) are not
complied with.
Respondents: Businesses or other forprofits.
Estimated Total Burden Hours:
1,060,000 hours.
OMB Number: 1545–1699.
Type of Review: Extension.
Title: REG–103805–99 (Final) Agent
for Consolidated Group.
Description: The information is
needed in order for a terminating
common parent of a consolidated group
to designate a substitute agent for the
E:\FR\FM\23OCN1.SGM
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Agencies
[Federal Register Volume 74, Number 204 (Friday, October 23, 2009)]
[Notices]
[Pages 54878-54879]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25506]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. MC-F-21037]
Francis W. Sherman--Control--Evergreen Trails, Inc., Horizon
Coach Lines, Ltd., and Cabana Coaches, LLC
AGENCY: Surface Transportation Board.
ACTION: Notice tentatively approving finance transaction.
-----------------------------------------------------------------------
SUMMARY: Francis W. Sherman (FWS), a noncarrier, has filed an
application under 49 U.S.C. 14303 to acquire indirect control (through
stock purchase) of Evergreen Trails, Inc. (Evergreen), and Horizon
Coach Lines, Ltd. (Horizon), and to continue in control of Cabana
Coaches, LLC (Cabana). Persons wishing to oppose the 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 December 7, 2009. Applicant may file a
reply by December 22, 2009. If no comments are filed by December 7,
2009, this notice is effective on that date.
ADDRESSES: Send an original and 10 copies of any comments referring to
STB Docket No. MC-F-21037 to: Surface Transportation Board, 395 E
Street, SW., Washington, DC 20423-0001. In addition, send one copy of
comments to applicant's representatives: Michael L. Jennings, Esq.,
Ober Kaler Grimes & Shriver, a Professional Corporation, 120 East
Baltimore Street, Baltimore, MD 21202, and Edward D. Greenberg, Esq.,
GKG Law, P.C., 1054 Thirty-First Street, NW., Washington, DC 20007.
FOR FURTHER INFORMATION CONTACT: Julia Farr, (202) 245-0359 [Federal
Information Relay (FIRS) for the hearing impaired: 1-800-877-8339].
SUPPLEMENTARY INFORMATION: FWS currently controls one Federal Motor
Carrier Safety Administration (FMCSA) registered passenger carrier,
Cabana (MC-646780), a Florida limited liability company. Under the
proposed transaction, FWS is seeking to acquire indirect control of
Evergreen (MC-107638), a Washington corporation, and Horizon (MC-
144339), a corporation formed under the laws of the Province of British
Columbia, Canada (collectively, the acquired carriers),\1\ both of
which are FMCSA registered motor passenger carriers, and to continue in
control of Cabana. According to FWS, pursuant to the Board's rules at
49 CFR 1013, all of his interests in Cabana currently are being held in
a voting trust to avoid any unlawful control pending disposition of
this proceeding. FWS states that the annual aggregate gross operating
revenues of Cabana and the acquired carriers exceed the $2 million
jurisdictional threshold of 49 U.S.C. 14303(g).
---------------------------------------------------------------------------
\1\ FWS states that, prior to this transaction, the acquired
carriers were a part of the common control structure of Holland
America Line Inc. See Holland America Line Inc.--Acquisition--Royal
Hyway Tours, Inc., STB Docket No. MC-F-21033 (STB served Apr. 3,
2009); Holland America Line Inc.--Control--Westours Motor Coaches,
Inc., Evergreen Trails, Inc., Westmark Hotels of Canada, Ltd.,
Horizon Coach Lines, Ltd., and Discover Alaska Tours, Inc., STB
Docket No. MC-F-21026 (STB served Mar. 21, 2008).
---------------------------------------------------------------------------
Following approval and consummation of the transaction, FWS states
that he will indirectly own all of the outstanding shares of stock in
Evergreen and Horizon through his ownership of all of the outstanding
shares of stock in TMS West Coast, Inc. (TMS), a Washington
corporation, and TMS Canada Holdings Ltd. (TMS-CA), a British Columbia
corporation. FWS indicates that TMS will acquire all of the outstanding
shares of Evergreen and TMS-CA will acquire all of the outstanding
shares of Horizon.
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.
Applicant has 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).
Applicant states that the proposed transaction will have no impact on
the adequacy 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 no carrier employees will be adversely affected by the
transaction, except for a small number of administrative employees who
may lose their positions so that the acquired carriers can operate with
increased efficiency. In addition, applicant has submitted all of the
other statements and certifications required by 49 CFR 1182.2.
Additional information, including a copy of the application, may be
obtained from applicant's representatives.
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 website 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.
[[Page 54879]]
3. This notice will be effective on December 7, 2009, 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: October 19, 2009.
By the Board, Chairman Elliott, Vice Chairman Nottingham, and
Commissioner Mulvey.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-25506 Filed 10-22-09; 8:45 am]
BILLING CODE 4915-01-P