Professional Transportation, Inc.-Asset Acquisition-CUSA ES, LLC and CUSA CSS, LLC, 38884-38885 [2012-16046]

Download as PDF 38884 Federal Register / Vol. 77, No. 126 / Friday, June 29, 2012 / Notices • Wilmington Public Library District, 201 South Kankakee Street, Wilmington, IL 60481 • Wood River Public Library, 326 East Ferguson Avenue, Wood River, IL 62095 By the Board. Richard Armstrong, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Unit. Issued in Washington, DC on June 25, 2012. Corey W. Hill, Director, Rail Project Development and Delivery. BILLING CODE 4915–01–P [FR Doc. 2012–15798 Filed 6–28–12; 8:45 am] DEPARTMENT OF TRANSPORTATION [FR Doc. 2012–15993 Filed 6–28–12; 8:45 am] Surface Transportation Board BILLING CODE 4910–06–P [Docket No. FD 35641] DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35640] mstockstill on DSK4VPTVN1PROD with NOTICES Wyoming Connect Railroad LLC— Acquisition and Operation Exemption—Union Pacific Railroad Company Wyoming Connect Railroad LLC (WCR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire by lease from Union Pacific Railroad Company and to operate approximately 18.5 miles of rail line between milepost 0.0 at or near Yoder and milepost 18.5 at or near South Torrington, in Goshen County, Wyo. The transaction is scheduled to be consummated on or after July 15, 2012 (30 days after the notice of exemption was filed). WCR certifies that its projected annual revenues as a result of this transaction will not exceed those that would qualify it as a Class III rail carrier and will not exceed $5 million. If the verified notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Petitions to stay must be filed no later than July 6, 2012 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35640, must be filed with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. In addition, a copy of each pleading must be served on Thomas F. McFarland, 208 South LaSalle St., Suite 1890, Chicago, IL 60604. Board decisions and notices are available on our Web site at www.stb.dot.gov. Decided: June 21, 2012. VerDate Mar<15>2010 16:52 Jun 28, 2012 Jkt 226001 Sisseton Milbank Railroad Company— Acquisition and Operation Exemption—SLA Property Management Limited Partnership and Sisseton Milbank Railroad, Inc. Sisseton Milbank Railroad Company (SMRC), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire from SLA Property Management Limited Partnership and Sisseton Milbank Railroad, Inc., their interests in, and to operate, an approximately 37.1-mile rail line between approximate railroad milepost 0.9 in or near Milbank and approximate railroad milepost 38.0 in or near Sisseton, in Grant and Roberts Counties, S.D. This transaction is related to a concurrently filed petition for exemption in Docket No. FD 35642, Twin Cities & Western Railroad Company, the Estate of Douglas M. Head and the DMH Trust fbo Martha M. Head—Continuance in Control Exemption—Sisseton Milbank Railroad Company, in which Twin Cities & Western Railroad Company (TCW), the Estate of Douglas M. Head (Estate), and the DMH Trust fbo Martha M. Head (Trust) seek Board approval to continue in control of SMRC upon SMRC’s becoming a Class III rail carrier.1 The parties expect to consummate the transaction on or after July 16, 2012.2 SMRC certifies that its projected annual revenues as a result of this transaction do not exceed those that would qualify it as a Class III rail carrier and will not exceed $5 million. If the verified notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the 1 SMRC states that it is a wholly owned subsidiary of TCW, which is currently controlled by the Estate, and that it is anticipated that the TCW stock held by the Estate will be distributed to the Trust in the near future. 2 SMRC indicates that, because it is likely that the acquisition transaction will close prior to the Board’s issuance of a decision on TCW’s continuance-in-control petition, TCW has entered into a Voting Trust Agreement pursuant to 49 CFR part 1013, under which the shares of SMRC will be deposited in a voting trust. PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Petitions to stay must be filed no later than July 6, 2012 (at least seven days before the exemption becomes effective). An original and ten copies of all pleadings, referring to Docket No. FD 35641, must be filed with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. In addition, a copy of each pleading must be served on Rose-Michele Nardi, Weiner Brodsky Sidman Kider, PC, 1300 Nineteenth Street NW., Fifth Floor, Washington, DC 20036–1609. Board decisions and notices are available on our Web site at ‘‘www.stb.dot.gov.’’ Decided: June 26, 2012. By the Board. Rachel D. Campbell, Director, Office of Proceedings. Derrick A. Gardner, Clearance Clerk. [FR Doc. 2012–15957 Filed 6–28–12; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. MCF 21046] Professional Transportation, Inc.— Asset Acquisition—CUSA ES, LLC and CUSA CSS, LLC AGENCY: ACTION: Surface Transportation Board. Notice of Finance Application. SUMMARY: Professional Transportation, Inc. (PTI or Applicant), an interstate passenger motor carrier (MC–217444), has filed an application under 49 U.S.C. 14303 to acquire the assets of two interstate motor passenger common carrier subsidiaries of noncarrier Coach America Holdings, Inc.—CUSA ES, LLC (MC–463168) and CUSA CSS, LLC (MC– 522544) (collectively, Coach America Subsidiaries). On June 5, 2012, Michael Yusim, an individual, filed a letter in opposition, asserting that the public interest would not be served by allowing the transaction to proceed without certain Department of Labor proceedings first being completed. A copy of this notice will be served on Mr. Yusim. Persons wishing to oppose the application must follow the rules set forth at 49 CFR 1182.5 and 1182.8. DATES: Comments must be filed by August 13, 2012. Applicant may file a reply to any comments by August 28, 2012. E:\FR\FM\29JNN1.SGM 29JNN1 Federal Register / Vol. 77, No. 126 / Friday, June 29, 2012 / Notices ADDRESSES: Send an original and 10 copies of any comments referring to Docket No. MCF 21046 to: Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. In addition, send one copy of comments to Applicant’s representative: Andrew K. Light, Scopelitis, Garvin, Light, Hanson & Feary, P.C., 10 W. Market Street, Suite 1500, Indianapolis, IN 46204. FOR FURTHER INFORMATION CONTACT: Marc Lerner, (202) 245–0390. Federal Information Relay Service (FIRS) for the hearing impaired: 1–800–877–8339. mstockstill on DSK4VPTVN1PROD with NOTICES SUPPLEMENTARY INFORMATION: The Coach America Subsidiaries are currently involved in proceedings instituted under Chapter 11 of the Bankruptcy Code, having filed a voluntary petition for relief with the U.S. Bankruptcy Court for the District of Delaware on January 3, 2012, and a motion to sell substantially all of their assets and effectively to liquidate on January 13, 2012. According to Applicant, the proposed transaction will be completed pursuant to 11 U.S.C. 105(a), 363 and 365 and Fed. R. Bankr. P. 2002, 6004, 6006, and 9014, and the bankruptcy court’s order entered on May 25, 2012, authorizing and approving (1) the sale of substantially all of the assets of debtors CUSA ES, LLC and CUSA CSS, LLC free and clear of liens, claims, and encumbrances, and (2) the assumption and assignment of certain executory contracts and unexpired leases. As indicated, Michael Yusim has filed a letter in opposition to the application by PTI to acquire the assets of the two Coach America Subsidiaries. The basis for his opposition relates to two cases alleging that his employer, an entity named Midnight Sun Tours, Inc. (Midnight Sun), a wholly owned subsidiary of the Coach America bus companies in bankruptcy, discriminated against drivers who accurately reported their hours on duty. According to Mr. Yusim, the two cases are pending before the Secretary of Labor (Secretary), but have been stayed by the bankruptcy court. Mr. Yusim requests that the Board disallow the sale of any subsidiaries of Coach America until the Secretary is allowed to hear the two cases. Because we have received a timely comment in opposition to the application, we will not grant tentative authority under 49 CFR 1182.4(b). See 49 CFR 1182.6(a). Instead, we will institute a proceeding to address this matter, as well as to 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. VerDate Mar<15>2010 16:52 Jun 28, 2012 Jkt 226001 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 August 13, 2012. Applicant may file a reply to any comments by August 28, 2012. 2. This notice will be effective on its date of service. 3. 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; (3) the U.S. Department of Transportation, Office of the General Counsel, 1200 New Jersey Avenue SE., Washington, DC 20590; (4) the Federal Trade Commission, Bureau of Competition, Premerger Notification Office, 600 Pennsylvania Avenue NW., Washington, DC 20580; and (5) Michael Yusim, 7499 Eagle Point Drive, Delray Beach, FL 33446. Decided: June 25, 2012. By the Board, Chairman Elliott, Vice Chairman Mulvey, and Commissioner Begeman. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2012–16046 Filed 6–28–12; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35634] Midwest Rail, LLC d/b/a Toledo, Lake Erie and Western Railway—Lease and Operation Exemption—Norfolk Southern Railway Company Under 49 CFR 1011.7(a)(2)(x)(A), the Director of the Office of Proceedings (Director) is delegated the authority to determine whether to issue notices of exemption under 49 U.S.C. 10502 for lease and operation transactions under 49 U.S.C. 10902. However, the Board reserves to itself the consideration and disposition of all matters involving issues of general transportation importance. 49 CFR 1011.2(a)(6). Accordingly, the Board revokes the delegation to the Director with respect to issuance of the notice of exemption for lease and operation of the rail line at issue in this case. The Board determines that this notice of exemption should be issued, and does so here. PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 38885 Midwest Rail, LLC d/b/a Toledo, Lake Erie and Western Railway (Toledo), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to lease from Norfolk Southern Railway Company (NSR) and operate a 1.8-mile line of railroad between milepost TS 13.2 near Maumee, Ohio and milepost TS 15.0 in Waterville, Ohio, (the Line). According to Toledo, Toledo and NSR have entered into a Lease Agreement (Agreement) whereby Toledo will lease the Line from NSR. The term of the lease is 10 years. Pursuant to 49 CFR 1150.43(h), Toledo has disclosed that the Agreement contains an interchange commitment in the form of lease credits, depending on the number of carloads interchanged with NSR at milepost TS 13.2 in a given year.1 According to Matthew Shawver, owner of Toledo, the interchange commitment will allow Toledo to ‘‘invest in improvements on the leased line to increase traffic levels.’’ 2 The Line connects only with NSR at Maumee and at Waterville with a 10-mile, stub-ended line leased and operated by Toledo.3 Toledo certifies that its projected annual revenues as a result of this transaction will not result in Toledo becoming a Class I or Class II rail carrier. Toledo further certifies that its projected annual revenues will not exceed $5 million. The earliest the transaction can be consummated is July 15, 2012, the effective date of the exemption (30 days after the exemption was filed). If the verified notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Stay petitions must be filed no later than July 6, 2012 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35634, must be filed with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. In addition, one copy of each pleading must be served on John D. Heffner, 1 Concurrently with its verified notice of exemption, Toledo has filed under seal, pursuant to 49 CFR 1150.43(h)(1)(ii), a confidential, complete version of the Agreement. Toledo also filed a motion for protective order. The merits of Toledo’s motion will be addressed in a separate decision. 2 Pet. 6. 3 Midwest Rail d/b/a Toledo, Lake Erie and W. Ry.—Lease and Operation Exemption—Toledo, Lake Erie and W. Ry. and Museum, Inc., FD 35555 (STB served Oct. 14, 2011). E:\FR\FM\29JNN1.SGM 29JNN1

Agencies

[Federal Register Volume 77, Number 126 (Friday, June 29, 2012)]
[Notices]
[Pages 38884-38885]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16046]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. MCF 21046]


Professional Transportation, Inc.--Asset Acquisition--CUSA ES, 
LLC and CUSA CSS, LLC

AGENCY: Surface Transportation Board.

ACTION: Notice of Finance Application.

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SUMMARY: Professional Transportation, Inc. (PTI or Applicant), an 
interstate passenger motor carrier (MC-217444), has filed an 
application under 49 U.S.C. 14303 to acquire the assets of two 
interstate motor passenger common carrier subsidiaries of noncarrier 
Coach America Holdings, Inc.--CUSA ES, LLC (MC-463168) and CUSA CSS, 
LLC (MC-522544) (collectively, Coach America Subsidiaries). On June 5, 
2012, Michael Yusim, an individual, filed a letter in opposition, 
asserting that the public interest would not be served by allowing the 
transaction to proceed without certain Department of Labor proceedings 
first being completed. A copy of this notice will be served on Mr. 
Yusim. Persons wishing to oppose the application must follow the rules 
set forth at 49 CFR 1182.5 and 1182.8.

DATES: Comments must be filed by August 13, 2012. Applicant may file a 
reply to any comments by August 28, 2012.

[[Page 38885]]


ADDRESSES: Send an original and 10 copies of any comments referring to 
Docket No. MCF 21046 to: Surface Transportation Board, 395 E Street 
SW., Washington, DC 20423-0001. In addition, send one copy of comments 
to Applicant's representative: Andrew K. Light, Scopelitis, Garvin, 
Light, Hanson & Feary, P.C., 10 W. Market Street, Suite 1500, 
Indianapolis, IN 46204.

FOR FURTHER INFORMATION CONTACT: Marc Lerner, (202) 245-0390. Federal 
Information Relay Service (FIRS) for the hearing impaired: 1-800-877-
8339.

SUPPLEMENTARY INFORMATION: The Coach America Subsidiaries are currently 
involved in proceedings instituted under Chapter 11 of the Bankruptcy 
Code, having filed a voluntary petition for relief with the U.S. 
Bankruptcy Court for the District of Delaware on January 3, 2012, and a 
motion to sell substantially all of their assets and effectively to 
liquidate on January 13, 2012. According to Applicant, the proposed 
transaction will be completed pursuant to 11 U.S.C. 105(a), 363 and 365 
and Fed. R. Bankr. P. 2002, 6004, 6006, and 9014, and the bankruptcy 
court's order entered on May 25, 2012, authorizing and approving (1) 
the sale of substantially all of the assets of debtors CUSA ES, LLC and 
CUSA CSS, LLC free and clear of liens, claims, and encumbrances, and 
(2) the assumption and assignment of certain executory contracts and 
unexpired leases.
    As indicated, Michael Yusim has filed a letter in opposition to the 
application by PTI to acquire the assets of the two Coach America 
Subsidiaries. The basis for his opposition relates to two cases 
alleging that his employer, an entity named Midnight Sun Tours, Inc. 
(Midnight Sun), a wholly owned subsidiary of the Coach America bus 
companies in bankruptcy, discriminated against drivers who accurately 
reported their hours on duty. According to Mr. Yusim, the two cases are 
pending before the Secretary of Labor (Secretary), but have been stayed 
by the bankruptcy court. Mr. Yusim requests that the Board disallow the 
sale of any subsidiaries of Coach America until the Secretary is 
allowed to hear the two cases.
    Because we have received a timely comment in opposition to the 
application, we will not grant tentative authority under 49 CFR 
1182.4(b). See 49 CFR 1182.6(a). Instead, we will institute a 
proceeding to address this matter, as well as to 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 August 13, 2012. Applicant may file a 
reply to any comments by August 28, 2012.
    2. This notice will be effective on its date of service.
    3. 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; (3) the U.S. Department of Transportation, Office of the 
General Counsel, 1200 New Jersey Avenue SE., Washington, DC 20590; (4) 
the Federal Trade Commission, Bureau of Competition, Premerger 
Notification Office, 600 Pennsylvania Avenue NW., Washington, DC 20580; 
and (5) Michael Yusim, 7499 Eagle Point Drive, Delray Beach, FL 33446.

    Decided: June 25, 2012.

    By the Board, Chairman Elliott, Vice Chairman Mulvey, and 
Commissioner Begeman.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2012-16046 Filed 6-28-12; 8:45 am]
BILLING CODE 4915-01-P

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