Senior Executive Service Performance Review Board, 35752-35753 [2012-14557]

Download as PDF 35752 Federal Register / Vol. 77, No. 115 / Thursday, June 14, 2012 / Notices Academy is a limited liability company established under the laws of New Jersey. It holds authority from the Federal Motor Carrier Safety Administration (FMCSA) as a motor carrier providing interstate charter passenger services to the public (MC– 413682). Academy is indirectly controlled by the Tedesco Family ESB Trust, which directly controls the following noncarriers: Academy Bus, L.L.C.; Franmar Leasing, Inc.; Franmar Logistics, Inc.; Academy Services, Inc.; and Log Re, Inc. The Tedesco Family ESB Trust also indirectly controls Academy Lines, L.L.C., a motor carrier of passengers principally rendering commuter operations, and No. 22 Hillside, L.L.C., a motor carrier of passengers rendering a variety of services. Entertainment, a corporation established under Massachusetts law, also holds a FMCSA license (MC– 262973) and owns Coach NE., L.L.C., a noncarrier. Academy is largely focused on providing charter bus and contract carrier services. It offers university transportation shuttles and transports sports teams as a contract bus carrier, and transports groups for churches, clubs, small third-party groups, and other organizations as a charter bus operator. Academy operates mostly in interstate commerce and to a lesser extent in intrastate commerce in the District of Columbia, Virginia, New Jersey, New York, Connecticut, Rhode Island and Massachusetts. Entertainment essentially is a charter bus operator, transporting groups for churches, clubs, and other organizations mostly in intrastate commerce in Massachusetts and, to a lesser extent, in Connecticut and New Hampshire. Under the proposed transaction, Academy seeks permission to acquire the properties of Entertainment— namely, its equipment, customer list, and goodwill, as well as Entertainment’s authority to render motor carrier operations in Massachusetts, Connecticut, and New Hampshire. According to the application, the closing occurred on March 30, 2012. Academy states that all of the authorized and outstanding stock of Entertainment was transferred to an independent voting trust, pursuant to a Voting Trust Agreement. Academy submits that, should the Board approve the proposed transaction, the trustee would reconvey the stock to the stockholder of Entertainment, which then would transfer the purchased properties to Academy. According to Academy, Entertainment would remain an independent entity, but would be pmangrum on DSK3VPTVN1PROD with NOTICES SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 14:34 Jun 13, 2012 Jkt 226001 expected to surrender its interstate operating authority.2 Under 49 U.S.C. 14303(b), the Board must approve and authorize a transaction that it finds consistent with the public interest, taking into consideration at least: (1) The effect of the proposed transaction on the adequacy of transportation to the public; (2) the total fixed charges that result; and (3) the interest of affected carrier employees. Academy has 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 Academy and Entertainment exceeded $2 million. With respect to the effect of the transaction on the adequacy of transportation to the public, Academy states that the proposed acquisition would greatly benefit Entertainment’s patrons. According to Academy, passengers would be able to travel in newer, cleaner buses, and would have a far greater selection of tours and special operations than was previously afforded to them. Academy further states that the proposed transaction would have no effect on total fixed charges. Further, Academy states that the transaction would have no adverse effect upon Entertainment’s employees, as these employees would be offered employment with Academy. Academy notes that, excluding itself, the American Bus Association has identified 29 charter bus companies operating in Massachusetts, 10 charter bus companies operating in Connecticut, and eight charter bus companies operating in New Hampshire. Academy states that, if the proposed transaction were approved, there would be little or no reduction of competitive conditions in the aforementioned states, especially because Academy would hope to succeed to the business previously conducted by Entertainment in those states. Additional information, including a copy of the application, may 2 Our voting trust rules at 49 CFR part 1013 contemplate the use of voting trusts to facilitate tentative stock transfers before a transaction involving an acquisition of control is approved. The transaction here, however, is not an acquisition of control, but an acquisition of assets. The use of a voting trust in this circumstance appears to be novel, and the Board was not asked for an informal opinion on its suitability here prior to the acquisition. Nonetheless, we will allow this case to proceed because we encourage parties to seek appropriate Board authority (even if they should have done so before undertaking a course of action), and the record does not suggest that the applicants here intended to evade our authority or undermine the integrity of our processes. PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 be obtained from Academy’s 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 party’s 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 opposing comments are timely filed, the findings made in this notice will be deemed as having been vacated. 3. This notice will be effective July 27, 2012, unless opposing comments are timely 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: June 7, 2012. By the Board, Chairman Elliott, Vice Chairman Mulvey, and Commissioner Begeman. Derrick A. Gardner, Clearance Clerk. [FR Doc. 2012–14565 Filed 6–13–12; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board Senior Executive Service Performance Review Board AGENCY: Surface Transportation Board, DOT. ACTION: Notice. The Surface Transportation Board (STB) publishes the names of the SUMMARY: E:\FR\FM\14JNN1.SGM 14JNN1 Federal Register / Vol. 77, No. 115 / Thursday, June 14, 2012 / Notices Persons selected to serve on its Senior Executive Service Performance Review Board (PRB). FOR FURTHER INFORMATION CONTACT: Paula Chandler, Director of Human Resources, (202) 245–0340. SUPPLEMENTARY INFORMATION: Title 5 U.S.C. 4314 requires that each agency implement a performance appraisal system making senior executives accountable for organizational and individual goal accomplishment. As part of this system, 5 U.S.C. 4314(c) requires each agency to establish one or more PRBs, the function of which is to review and evaluate the initial appraisal of a senior executive’s performance by the supervisor and to make recommendations to the final rating authority relative to the performance of the senior executive. The persons named below have been selected to serve on STB’s PRB. Leland L. Gardner, Director, Office of the Managing Director. Rachel D. Campbell, Director, Office of Proceedings. Raymond A. Atkins, General Counsel. Lucille Marvin, Director, Office of Public Assistance, Governmental Affairs and Compliance. Dated: June 8, 2012. Jeffery Herzig, Clearance Clerk. 1750 Pennsylvania Ave. NW., Suite 8140, Washington, DC 20220, or on-line at www.PRAComment.gov. FOR FURTHER INFORMATION CONTACT: Copies of the submission(s) may be obtained by calling (202) 927–5331, email at PRA@treasury.gov, or the entire information collection request maybe found at www.reginfo.gov. Internal Revenue Service (IRS) OMB Number: 1545–1528. Type of Review: Extension without change of a currently approved collection. Title: Revenue Procedure 97–15, Section 103—Remedial Payment Closing Agreement Program. Abstract: This information is required by the Internal Revenue Service to verify compliance with sections 57, 103, 141, 142, 144, 145, and 147 of the Internal Revenue Code of 1986, as applicable (including any corresponding provision, if any, of the Internal Revenue Code of 1954). This information will be used by the Service to enter into a closing agreement with the issuer of certain state or local bonds and to establish the closing agreement amount. Affected Public: State, Local, or Tribal Governments. Estimated Total Burden Hours: 75. [FR Doc. 2012–14557 Filed 6–13–12; 8:45 am] Dawn D. Wolfgang, Treasury PRA Clearance Officer. BILLING CODE 4915–01–P [FR Doc. 2012–14538 Filed 6–13–12; 8:45 am] BILLING CODE 4830–01–P DEPARTMENT OF THE TREASURY DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request Submission for OMB Review; Comment Request pmangrum on DSK3VPTVN1PROD with NOTICES June 11, 2012. The Department of the Treasury will submit the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, Public Law 104–13, on or after the date of publication of this notice. DATES: Comments should be received on or before July 16, 2012 to be assured of consideration. ADDRESSES: Send comments regarding the burden estimate, or any other aspect of the information collection, including suggestion for reducing the burden, to (1) Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Desk Officer for Treasury, New Executive Office Building, Room 10235, Washington, DC 20503, or email at OIRA_Submission@OMB.EOP.GOV and (2) Treasury PRA Clearance Officer, VerDate Mar<15>2010 14:34 Jun 13, 2012 Jkt 226001 June 11, 2012. The Department of the Treasury will submit the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, Public Law 104–13, on or after the date of publication of this notice. DATES: Comments should be received on or before July 16, 2012 to be assured of consideration. ADDRESSES: Send comments regarding the burden estimate, or any other aspect of the information collection, including suggestion for reducing the burden, to (1) Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Desk Officer for Treasury, New Executive Office Building, Room 10235, Washington, DC 20503, or email at OIRA_Submission@OMB.EOP.GOV and PO 00000 Frm 00097 Fmt 4703 Sfmt 9990 35753 (2) Treasury PRA Clearance Officer, 1750 Pennsylvania Ave. NW., Suite 8140, Washington, DC 20220, or on-line at www.PRAComment.gov. FOR FURTHER INFORMATION CONTACT: Copies of the submission(s) may be obtained by calling (202) 927–5331, email at PRA@treasury.gov, or the entire information collection request may be found at www.reginfo.gov. Office of the Procurement Executive OMB Number: 1505–0080. Type of Review: Revision of a currently approved collection. Title: Post-Contract Award Information. Abstract: Information requested of contractors is specific to each contract and is required for Treasury to properly evaluate the progress made and/or management controls used by contractors providing supplies or services to the Government, and to determine contractors’ compliance with the contracts, in order to protect the Government’s interest. Affected Public: Private Sector: businesses or other for-profits. Estimated Total Annual Burden Hours: 221,112. OMB Number: 1505–0081. Type of Review: Revision of a currently approved collection. Title: Solicitation of Proposal Information for Award of Public Contracts. Abstract: Information requested of offerors is specific to each procurement solicitation, and is required for Treasury to properly evaluate the capabilities and experience of potential contractors who desire to provide the supplies or services to be acquired. Evaluation will be used to determine which proposal most benefit the Government. Affected Public: Private Sector: businesses or other for-profits. Estimated Total Annual Burden Hours: 291,105. OMB Number: 1505–0107. Type of Review: Revision of a currently approved collection. Title: Regulation Agency Protests. Abstract: Information is requested of contractors so that the Government will be able to evaluate protests effectively and provide prompt resolution of issues in dispute when contractors file protests. Affected Public: Private Sector: businesses or other for-profits. Estimated Total Annual Burden Hours: 50. Dawn D. Wolfgang, Treasury PRA Clearance Officer. [FR Doc. 2012–14561 Filed 6–13–12; 8:45 am] BILLING CODE 4810–25–P E:\FR\FM\14JNN1.SGM 14JNN1

Agencies

[Federal Register Volume 77, Number 115 (Thursday, June 14, 2012)]
[Notices]
[Pages 35752-35753]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14557]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board


Senior Executive Service Performance Review Board

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice.

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SUMMARY: The Surface Transportation Board (STB) publishes the names of 
the

[[Page 35753]]

Persons selected to serve on its Senior Executive Service Performance 
Review Board (PRB).

FOR FURTHER INFORMATION CONTACT: Paula Chandler, Director of Human 
Resources, (202) 245-0340.

SUPPLEMENTARY INFORMATION: Title 5 U.S.C. 4314 requires that each 
agency implement a performance appraisal system making senior 
executives accountable for organizational and individual goal 
accomplishment. As part of this system, 5 U.S.C. 4314(c) requires each 
agency to establish one or more PRBs, the function of which is to 
review and evaluate the initial appraisal of a senior executive's 
performance by the supervisor and to make recommendations to the final 
rating authority relative to the performance of the senior executive.
    The persons named below have been selected to serve on STB's PRB.

Leland L. Gardner, Director, Office of the Managing Director.
Rachel D. Campbell, Director, Office of Proceedings.
Raymond A. Atkins, General Counsel.
Lucille Marvin, Director, Office of Public Assistance, Governmental 
Affairs and Compliance.

    Dated: June 8, 2012.
Jeffery Herzig,
Clearance Clerk.
[FR Doc. 2012-14557 Filed 6-13-12; 8:45 am]
BILLING CODE 4915-01-P

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