El Expreso Group, LLC-Asset Acquisition-CUSA EE, LLC D/B/A El Expreso, 41475-41476 [2012-17184]

Download as PDF Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Notices acceptable to the FAA before June 30, 2014. (3) Withdraw TSO authorizations issued for the manufacture of ELTs under TSO–C91a, TSO–C126, and TSO– C126a, which incorporate hook and loop fasteners into their design unless the installation and maintenance instructions for the article are revised to include the following information by June 30, 2013: a. Detailed instructions for properly securing the ELT during installation and reinstallation, as well as a method to determine the appropriate tension of the hook and loop style fasteners. Revised instructions will provide improved guidance on the proper installation of ELTs for owners and operators in the interim period before an enhanced mounting design is available, and for owners and operators who choose not to install the enhanced mounting design when it is available. b. Detailed instructions for inspecting the hook and loop style fasteners for wear, contamination, environmental degradation, and other effects to ensure they meet the standards of the applicable TSO. c. A replacement interval for the hook and loop style fasteners. (4) Encourage owners and operators to install the manufacturer’s proposed updated mounting designs in accordance with the revised maintenance and installation instructions. How To Obtain Copies You can view or download TSOs C91a, C126, C126a by logging onto http://rgl.faa.gov and select Technical Standard Order, and the proposed TSO– C126b may be found at http:// www.faa.gov/aircraft/draft_docs/tso/. For a paper copy of the documents, contact the person listed in FOR FURTHER INFORMATION CONTACT. Issued in Washington, DC, on July 10, 2012. Susan J. M. Cabler, Assistant Manager, Aircraft Engineering Division, Aircraft Certification Service. [FR Doc. 2012–17115 Filed 7–12–12; 8:45 am] BILLING CODE 4910–13–P srobinson on DSK4SPTVN1PROD with NOTICES DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. MCF 21048] El Expreso Group, LLC—Asset Acquisition—CUSA EE, LLC D/B/A El Expreso AGENCY: Surface Transportation Board, DOT. VerDate Mar<15>2010 17:08 Jul 12, 2012 Jkt 226001 ACTION: Notice of Finance Application. On June 12, 2012, noncarrier El Expreso Group, LLC (El Expreso Group or Applicant) filed an application for approval under 49 U.S.C. 14303 to acquire control of the assets of CUSA EE, LLC d/b/a El Expreso (CUSA EE) (MC–463171), an interstate motor passenger carrier subsidiary of noncarrier Coach America Holdings, Inc. (Coach America).1 On June 13, 2012, Michael Yusim, an individual, filed a letter in opposition to the proposed transaction, 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 27, 2012. Applicant may file a reply to any comments by September 11, 2012. ADDRESSES: Send an original and 10 copies of any comments referring to Docket No. MCF 21048 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, and Mark Vasquez, 10501 N. Central Expressway, Suite 307, Dallas, TX 75231. FOR FURTHER INFORMATION CONTACT: Marc Lerner, (202) 245–0390. Federal Information Relay Service (FIRS) for the hearing impaired: 1–800–877–8339. SUPPLEMENTARY INFORMATION: CUSA EE (along with a number of other Coach America subsidiaries) is currently involved in a proceeding instituted under Chapter 11 of the Bankruptcy Code, having filed on January 3, 2012, a voluntary petition for relief with the U.S. Bankruptcy Court for the District of Delaware, and on January 13, 2012, a motion to sell substantially all of its assets and effectively to liquidate. According to Applicant, the proposed transaction would 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 debtor CUSA EE, LLC free and clear of liens, SUMMARY: 1 El Expreso Group’s application identified Tornado Bus Company, Inc. (Tornado), an affiliate, as a second acquiring entity. However, by letter dated June 21, 2012, Applicant’s representative clarified that Applicant is the sole acquiring entity. PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 41475 claims, and encumbrances, and (2) the assumption and assignment of certain executory contracts and unexpired leases. Applicant and Tornado, a motor passenger carrier, are owned and controlled by Jan Vazquez, an individual. In addition to interstate common carrier operating authority (MC–276747), Tornado also holds intrastate authority in Texas. Tornado’s primary business is providing scheduled passenger transportation throughout the United States and between the United States and Mexico. As indicated, Michael Yusim has filed a letter in opposition to the application by El Expreso Group to acquire control of the assets of CUSA EE. 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 for having accurately reported their hours of service. 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 and decide 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 27, 2012. Applicant may file a reply to any comments by September 11, 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, E:\FR\FM\13JYN1.SGM 13JYN1 41476 Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Notices 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: July 6, 2012. By the Board, Chairman Elliott, Vice Chairman Mulvey, and Commissioner Begeman. Derrick A. Gardner, Clearance Clerk. [FR Doc. 2012–17184 Filed 7–12–12; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY srobinson on DSK4SPTVN1PROD with NOTICES Departmental Offices; Debt Management Advisory Committee Meeting Notice is hereby given, pursuant to 5 U.S.C. App. 2, § 10(a)(2), that a meeting will be held at the Hay-Adams Hotel, 16th Street and Pennsylvania Avenue NW., Washington, DC, on July 31, 2012 at 9:30 a.m. of the following debt management advisory committee: Treasury Borrowing Advisory Committee of The Securities Industry and Financial Markets Association. The agenda for the meeting provides for a charge by the Secretary of the Treasury or his designate that the Committee discuss particular issues and conduct a working session. Following the working session, the Committee will present a written report of its recommendations. The meeting will be closed to the public, pursuant to 5 U.S.C. App. 2, § 10(d) and Public Law 103–202, § 202(c)(1)(B) (31 U.S.C. 3121 note). This notice shall constitute my determination, pursuant to the authority placed in heads of agencies by 5 U.S.C. App. 2, § 10(d) and vested in me by Treasury Department Order No. 101–05, that the meeting will consist of discussions and debates of the issues presented to the Committee by the Secretary of the Treasury and the making of recommendations of the Committee to the Secretary, pursuant to Public Law 103–202, § 202(c)(1)(B). Thus, this information is exempt from disclosure under that provision and 5 U.S.C. 552b(c)(3)(B). In addition, the meeting is concerned with information that is exempt from disclosure under 5 U.S.C. 552b(c)(9)(A). The public interest requires that such meetings be closed to the public because the Treasury Department requires frank and full VerDate Mar<15>2010 17:08 Jul 12, 2012 Jkt 226001 advice from representatives of the financial community prior to making its final decisions on major financing operations. Historically, this advice has been offered by debt management advisory committees established by the several major segments of the financial community. When so utilized, such a committee is recognized to be an advisory committee under 5 U.S.C. App. 2, § 3. Although the Treasury’s final announcement of financing plans may not reflect the recommendations provided in reports of the Committee, premature disclosure of the Committee’s deliberations and reports would be likely to lead to significant financial speculation in the securities market. Thus, this meeting falls within the exemption covered by 5 U.S.C. 552b(c)(9)(A). Treasury staff will provide a technical briefing to the press on the day before the Committee meeting, following the release of a statement of economic conditions and financing estimates. This briefing will give the press an opportunity to ask questions about financing projections. The day after the Committee meeting, Treasury will release the minutes of the meeting, any charts that were discussed at the meeting, and the Committee’s report to the Secretary. The Office of Debt Management is responsible for maintaining records of debt management advisory committee meetings and for providing annual reports setting forth a summary of Committee activities and such other matters as may be informative to the public consistent with the policy of 5 U.S.C. 552(b). The Designated Federal Officer or other responsible agency official who may be contacted for additional information is Fred Pietrangeli, Deputy Director for Office of Debt Management (202) 622–1876. Dated: July 6, 2012. Matthew S. Rutherford, Acting Assistant Secretary, (Financial Markets). [FR Doc. 2012–16947 Filed 7–12–12; 8:45 am] BILLING CODE 4810–25–M DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency Agency Information Collection Activities: Submission for OMB Review; Comment Request Office of the Comptroller of the Currency, Treasury. AGENCY: PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 Notice and request for comment. ACTION: The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a continuing information collection, as required by the Paperwork Reduction Act of 1995. An agency may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a currently valid OMB control number. The OCC is soliciting comment concerning its information collection titled, ‘‘Procedures to Enhance the Accuracy and Integrity of Information Furnished to Consumer Reporting Agencies under Section 312 of the Fair and Accurate Credit Transactions Act (FACT Act).’’ The OCC is also giving notice that it has submitted this collection to OMB for review. DATES: Comments must be received by August 13, 2012. ADDRESSES: Communications Division, Office of the Comptroller of the Currency, Public Information Room, Mailstop 2–3, Attention: 1557–0238, 250 E Street SW., Washington, DC 20219. In addition, comments may be sent by fax to (202) 874–5274, or by electronic mail to regs.comments@occ.treas.gov. You may personally inspect and photocopy comments at the OCC, 250 E Street SW., Washington, DC 20219. For security reasons, the OCC requires that visitors make an appointment to inspect comments. You may do so by calling (202) 874–4700. Upon arrival, visitors will be required to present valid government-issued photo identification and to submit to security screening in order to inspect and photocopy comments. Additionally, you should send a copy of your comments to OCC Desk Officer, 1557–0238, by mail to U.S. Office of Management and Budget, 725 17th Street NW., #10235, Washington, DC 20503, or by fax to (202) 395–6974. FOR FURTHER INFORMATION CONTACT: You can request additional information or a copy of the collection from Mary H. Gottlieb, OCC Clearance Officer, (202) 874–5090, Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, 250 E Street SW., Washington, DC 20219. SUPPLEMENTARY INFORMATION: The OCC is requesting extension of OMB approval for this information collection titled, ‘‘Procedures to Enhance the Accuracy and Integrity of Information Furnished to Consumer Reporting SUMMARY: E:\FR\FM\13JYN1.SGM 13JYN1

Agencies

[Federal Register Volume 77, Number 135 (Friday, July 13, 2012)]
[Notices]
[Pages 41475-41476]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17184]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. MCF 21048]


El Expreso Group, LLC--Asset Acquisition--CUSA EE, LLC D/B/A El 
Expreso

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice of Finance Application.

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SUMMARY: On June 12, 2012, noncarrier El Expreso Group, LLC (El Expreso 
Group or Applicant) filed an application for approval under 49 U.S.C. 
14303 to acquire control of the assets of CUSA EE, LLC d/b/a El Expreso 
(CUSA EE) (MC-463171), an interstate motor passenger carrier subsidiary 
of noncarrier Coach America Holdings, Inc. (Coach America).\1\ On June 
13, 2012, Michael Yusim, an individual, filed a letter in opposition to 
the proposed transaction, 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.
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    \1\ El Expreso Group's application identified Tornado Bus 
Company, Inc. (Tornado), an affiliate, as a second acquiring entity. 
However, by letter dated June 21, 2012, Applicant's representative 
clarified that Applicant is the sole acquiring entity.

DATES: Comments must be filed by August 27, 2012. Applicant may file a 
---------------------------------------------------------------------------
reply to any comments by September 11, 2012.

ADDRESSES: Send an original and 10 copies of any comments referring to 
Docket No. MCF 21048 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, and Mark Vasquez, 10501 N. Central Expressway, 
Suite 307, Dallas, TX 75231.

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

SUPPLEMENTARY INFORMATION: CUSA EE (along with a number of other Coach 
America subsidiaries) is currently involved in a proceeding instituted 
under Chapter 11 of the Bankruptcy Code, having filed on January 3, 
2012, a voluntary petition for relief with the U.S. Bankruptcy Court 
for the District of Delaware, and on January 13, 2012, a motion to sell 
substantially all of its assets and effectively to liquidate. According 
to Applicant, the proposed transaction would 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 debtor CUSA EE, LLC free and clear of liens, claims, and 
encumbrances, and (2) the assumption and assignment of certain 
executory contracts and unexpired leases.
    Applicant and Tornado, a motor passenger carrier, are owned and 
controlled by Jan Vazquez, an individual. In addition to interstate 
common carrier operating authority (MC-276747), Tornado also holds 
intrastate authority in Texas. Tornado's primary business is providing 
scheduled passenger transportation throughout the United States and 
between the United States and Mexico.
    As indicated, Michael Yusim has filed a letter in opposition to the 
application by El Expreso Group to acquire control of the assets of 
CUSA EE. 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 for having accurately 
reported their hours of service. 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 and decide 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 27, 2012. Applicant may file a 
reply to any comments by September 11, 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,

[[Page 41476]]

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: July 6, 2012.

    By the Board, Chairman Elliott, Vice Chairman Mulvey, and 
Commissioner Begeman.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2012-17184 Filed 7-12-12; 8:45 am]
BILLING CODE 4915-01-P