Francis W. Sherman-Control-Evergreen Trails, Inc., Horizon Coach Lines, Ltd., and Cabana Coaches, LLC, 54878-54879 [E9-25506]

Download as PDF 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 http:// 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. E:\FR\FM\23OCN1.SGM 23OCN1 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 Frm 00104 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 23OCN1

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]


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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 http://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