National Express Acquisition Corporation-Control-Petermann Partners, Inc., 67790-67791 [2011-28408]

Download as PDF 67790 Federal Register / Vol. 76, No. 212 / Wednesday, November 2, 2011 / Notices general, to protect investors and the public interest. FINRA believes that the proposed rule change will protect investors and the public interest by continuing to prohibit deceptive and other abusive telemarketing acts or practices. B. Self-Regulatory Organization’s Statement on Burden on Competition FINRA does not believe that the proposed rule change will result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 45 days of the date of publication of this notice in the Federal Register or within such longer period (i) As the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which the self-regulatory organization consents, the Commission will: (A) By order approve or disapprove such proposed rule change, or (B) institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission’s Internet Web site (http://www.sec.gov/ rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission’s Public Reference Room, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of FINRA. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR–FINRA–2011–059 and should be submitted on or before November 23, 2011. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.50 Kevin M. O’Neill, Deputy Secretary. [FR Doc. 2011–28348 Filed 11–1–11; 8:45 am] Charter was approved and filed with Congress and the Library of Congress. The General Advisory Committee to the U.S. Section of the IATTC was established pursuant to Section 4 of the Tuna Conventions Act of 1950 (16 U.S.C. 953, as amended), the implementing statute for the IATTC Convention. The goal of the Advisory Committee is to serve the U.S. Section to the IATTC, including the Department of State, as advisors on matters relating to international conservation and management of stocks of tuna and dolphins, in the eastern tropical Pacific Ocean, and in particular on the development of U.S. policies and positions associated with such matters. The Committee is composed of representatives of the major U.S. tuna harvesting, processing, and marketing sectors, as well as recreational fishing and environmental interests, formulating specific policy recommendations for the U.S. Section to the IATTC. The Advisory Committee will continue to follow the procedure prescribed by the Federal Advisory Committee Act (FACA). Notice of meetings is published in the Federal Register in advance as required by FACA and meetings are open to the public unless a determination is made in accordance with Section 10 of the FACA that a meeting or a portion of the meeting should be closed to the public. FOR FURTHER INFORMATION CONTACT: David F. Hogan, IATTC GAC Designated Federal Official, Office of Marine Conservation, Bureau of Oceans and International Environmental and Scientific Affairs, U.S. Department of State, Washington, DC 20520, Phone: (202) 647–2335. Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: BILLING CODE 8011–01–P Electronic Comments Advisory Committee to the U.S. Section of the Inter-American Tropical Tuna Commission (Committee Renewal) [FR Doc. 2011–28429 Filed 11–1–11; 8:45 am] The Department of State announces the renewal of the charter for the Advisory Committee to the U.S. Section of the Inter-American Tropical Tuna Commission (IATTC) for an additional two years. The Advisory Committee to the U.S. Section of the IATTC may be terminated only by law. In accordance with the provisions of the Federal Advisory Committee Act (92), a new Charter must be issued on a biennial basis from the date the current DEPARTMENT OF TRANSPORTATION • Use the Commission’s Internet comment form (http://www.sec.gov/ rules/sro.shtml); or • Send an email to rulecomments@sec.gov. Please include File Number SR–FINRA–2011–059 on the subject line. emcdonald on DSK5VPTVN1PROD with NOTICES Paper Comments • Send paper comments in triplicate to Elizabeth M. Murphy, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549–1090. All submissions should refer to File Number SR–FINRA–2011–059. This file number should be included on the VerDate Mar<15>2010 19:21 Nov 01, 2011 Jkt 226001 Dated: October 20, 2011. William Meara, Acting, Deputy Assistant Secretary for Oceans and Fisheries, Department of State. DEPARTMENT OF STATE [Public Notice: 7670] SUMMARY: BILLING CODE 4710–09–P Surface Transportation Board [Docket No. MC–F 21041] National Express Acquisition Corporation—Control—Petermann Partners, Inc. Surface Transportation Board. Notice Tentatively Approving and Authorizing Finance Transaction. AGENCY: ACTION: National Express Acquisition Corporation (NEAC) and National SUMMARY: 50 17 PO 00000 CFR 200.30–3(a)(12). Frm 00123 Fmt 4703 Sfmt 4703 E:\FR\FM\02NON1.SGM 02NON1 emcdonald on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 212 / Wednesday, November 2, 2011 / Notices Express Corporation (NEC), both noncarriers, have filed an application under 49 U.S.C. 14303 for NEAC’s acquisition of control of Petermann Partners, Inc. (PPI), a noncarrier, and the passenger motor carriers PPI controls: Beck Bus Transportation Corp. (MC– 143528); Petermann Northeast, LLC (MC–723926); Petermann Northwest, LLC (MC–638608); Petermann Southwest, LLC (MC–644996); Petermann STSA, LLC (which has filed for registration in FMCSA Docket No. MC–749360); MV Student Transportation, Inc. (MC–148934); Carrier Management, Inc. (no MC number); and Petermann Ltd. (MC– 364668) (collectively, Petermann Carriers). The Board has tentatively approved and authorized the transaction, and, if no opposing comments are timely filed, this notice will be the final Board action. Persons wishing to oppose the application must follow the rules under 49 CFR 1182.5 and 1182.8. DATES: Comments must be filed by December 16, 2011. Applicants may file a reply by December 30, 2011. If no comments are filed by December 16, 2011, this notice is effective on that date. ADDRESSES: Send an original and 10 copies of any comments referring to Docket No. MC–F 21041 to: Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. In addition, send one copy of comments to the Applicants’ representative: Andrew K. Light, Scopelitis, Garvin, Light, Hanson & Feary, P.C., 10 W. Market Street, Suite 1500, Indianapolis, IN 46204. FOR FURTHER INFORMATION CONTACT: Julia M. Farr, (202) 245–0359. Federal Information Relay Service (FIRS) for the hearing impaired: 1-(800) 877–8339. SUPPLEMENTARY INFORMATION: A British Corporation, National Express Group, PLC, controls NEC and NEAC, both of which are noncarrier holding companies incorporated in Delaware. NEC controls Vogel Bus Company, Inc. (MC–274520) (Vogel) and Durham School Services, L.P. (MC–163066) (Durham), both of which are motor carriers providing interstate charter passenger services to the public.1 PPI is a noncarrier holding company incorporated in Delaware. All of the Petermann Carriers primarily provide school bus transportation. Their 1 The core business of Vogel and Durham is transporting students to and from school, a type of transportation that is not subject to Board jurisdiction. See 49 U.S.C. 13506(a)(1). Vogel and Durham also provide interstate charter services (using both school buses and motor coaches), which is subject to the Board’s jurisdiction. VerDate Mar<15>2010 19:21 Nov 01, 2011 Jkt 226001 interstate charter operations, which are subject to the Board’s jurisdiction, are limited and often provided in school buses. Under the proposed transaction, NEAC seeks permission to acquire, directly or indirectly, all of the shares of PPI. Applicants state that NEC’s ‘‘operational infrastructure will be relied upon heavily for the actual operation of [the Petermann Carriers].’’ Accordingly, because of this and the fact that NEC controls 2 carriers, NEC has been included as an applicant in an abundance of caution. Under 49 U.S.C. 14303, the Board must approve and authorize a transaction it finds 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, including the information to demonstrate that the proposed transaction is consistent with the public interest under 49 U.S.C. 14303(b), and a statement that the 12month aggregate gross operating revenues of all motor carrier parties and all motor carriers controlling, controlled by, or under common control with any party exceeded $2 million. Applicants state that: (1) The proposed transaction will have no impact on the adequacy of transportation services available to the public, because the operations of the Petermann carriers will continue to be provided by the same companies under the same name, as part of the NEC corporate family, an organization with experience in passenger transportation; and (2) the proposed transaction will have no fixed charges. Applicants also state that the proposed transaction will not have substantial impacts on employees or labor conditions because NEC does not anticipate a measurable reduction in force or change in compensation levels and/or benefits, although NEC states that it is possible that a limited number of back-office and/or managerial personnel could be affected. Additional information, including a copy of the application, may be obtained from the applicants’ representative. On the basis of the application, the Board finds that the proposed acquisition of control is consistent with the public interest and should be tentatively approved and 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 PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 67791 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. The parties’ application and 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. 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 December 16, 2011, unless timely opposing comments are filed. 4. A copy of this decision will be served on: (1) 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. Decided: October 28, 2011. By the Board, Chairman Elliott, Vice Chairman Begeman, and Commissioner Mulvey. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2011–28408 Filed 11–1–11; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Office of the Secretary List of Countries Requiring Cooperation With an International Boycott In accordance with section 999(a)(3) of the Internal Revenue Code of 1986, the Department of the Treasury is publishing a current list of countries which require or may require participation in, or cooperation with, an international boycott (within the meaning of section 999(b)(3) of the Internal Revenue Code of 1986). On the basis of the best information currently available to the Department of the Treasury, the following countries require or may require participation in, or cooperation with, an international boycott (within the meaning of section E:\FR\FM\02NON1.SGM 02NON1

Agencies

[Federal Register Volume 76, Number 212 (Wednesday, November 2, 2011)]
[Notices]
[Pages 67790-67791]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28408]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. MC-F 21041]


National Express Acquisition Corporation--Control--Petermann 
Partners, Inc.

AGENCY: Surface Transportation Board.

ACTION: Notice Tentatively Approving and Authorizing Finance 
Transaction.

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

SUMMARY: National Express Acquisition Corporation (NEAC) and National

[[Page 67791]]

Express Corporation (NEC), both noncarriers, have filed an application 
under 49 U.S.C. 14303 for NEAC's acquisition of control of Petermann 
Partners, Inc. (PPI), a noncarrier, and the passenger motor carriers 
PPI controls: Beck Bus Transportation Corp. (MC-143528); Petermann 
Northeast, LLC (MC-723926); Petermann Northwest, LLC (MC-638608); 
Petermann Southwest, LLC (MC-644996); Petermann STSA, LLC (which has 
filed for registration in FMCSA Docket No. MC-749360); MV Student 
Transportation, Inc. (MC-148934); Carrier Management, Inc. (no MC 
number); and Petermann Ltd. (MC-364668) (collectively, Petermann 
Carriers). The Board has tentatively approved and authorized the 
transaction, and, if no opposing comments are timely filed, this notice 
will be the final Board action. Persons wishing to oppose the 
application must follow the rules under 49 CFR 1182.5 and 1182.8.

DATES: Comments must be filed by December 16, 2011. Applicants may file 
a reply by December 30, 2011. If no comments are filed by December 16, 
2011, this notice is effective on that date.

ADDRESSES: Send an original and 10 copies of any comments referring to 
Docket No. MC-F 21041 to: Surface Transportation Board, 395 E Street 
SW., Washington, DC 20423-0001. In addition, send one copy of comments 
to the Applicants' representative: Andrew K. Light, Scopelitis, Garvin, 
Light, Hanson & Feary, P.C., 10 W. Market Street, Suite 1500, 
Indianapolis, IN 46204.

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

SUPPLEMENTARY INFORMATION: A British Corporation, National Express 
Group, PLC, controls NEC and NEAC, both of which are noncarrier holding 
companies incorporated in Delaware. NEC controls Vogel Bus Company, 
Inc. (MC-274520) (Vogel) and Durham School Services, L.P. (MC-163066) 
(Durham), both of which are motor carriers providing interstate charter 
passenger services to the public.\1\ PPI is a noncarrier holding 
company incorporated in Delaware. All of the Petermann Carriers 
primarily provide school bus transportation. Their interstate charter 
operations, which are subject to the Board's jurisdiction, are limited 
and often provided in school buses.
---------------------------------------------------------------------------

    \1\ The core business of Vogel and Durham is transporting 
students to and from school, a type of transportation that is not 
subject to Board jurisdiction. See 49 U.S.C. 13506(a)(1). Vogel and 
Durham also provide interstate charter services (using both school 
buses and motor coaches), which is subject to the Board's 
jurisdiction.
---------------------------------------------------------------------------

    Under the proposed transaction, NEAC seeks permission to acquire, 
directly or indirectly, all of the shares of PPI. Applicants state that 
NEC's ``operational infrastructure will be relied upon heavily for the 
actual operation of [the Petermann Carriers].'' Accordingly, because of 
this and the fact that NEC controls 2 carriers, NEC has been included 
as an applicant in an abundance of caution.
    Under 49 U.S.C. 14303, the Board must approve and authorize a 
transaction it finds 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, 
including the information to demonstrate that the proposed transaction 
is consistent with the public interest under 49 U.S.C. 14303(b), and a 
statement that the 12-month aggregate gross operating revenues of all 
motor carrier parties and all motor carriers controlling, controlled 
by, or under common control with any party exceeded $2 million.
    Applicants state that: (1) The proposed transaction will have no 
impact on the adequacy of transportation services available to the 
public, because the operations of the Petermann carriers will continue 
to be provided by the same companies under the same name, as part of 
the NEC corporate family, an organization with experience in passenger 
transportation; and (2) the proposed transaction will have no fixed 
charges. Applicants also state that the proposed transaction will not 
have substantial impacts on employees or labor conditions because NEC 
does not anticipate a measurable reduction in force or change in 
compensation levels and/or benefits, although NEC states that it is 
possible that a limited number of back-office and/or managerial 
personnel could be affected. Additional information, including a copy 
of the application, may be obtained from the applicants' 
representative.
    On the basis of the application, the Board finds that the proposed 
acquisition of control is consistent with the public interest and 
should be tentatively approved and 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.
    The parties' application and 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. 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 December 16, 2011, unless timely 
opposing comments are filed.
    4. A copy of this decision will be served on: (1) 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.

    Decided: October 28, 2011.

    By the Board, Chairman Elliott, Vice Chairman Begeman, and 
Commissioner Mulvey.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-28408 Filed 11-1-11; 8:45 am]
BILLING CODE 4915-01-P