Frank Sherman, Evergreen Trails, Inc., Cabana Coaches, LLC, TMS West Coast, Inc. and FSCS Corporation-Intra-Corporate Family Transaction Exemption, 45288-45289 [2013-17942]

Download as PDF tkelley on DSK3SPTVN1PROD with NOTICES 45288 Federal Register / Vol. 78, No. 144 / Friday, July 26, 2013 / Notices the documentation issued in connection with the project to comply with the National Environmental Policy Act (NEPA) and in other documents in the FTA administrative record for the project. Interested parties may contact either the project sponsor or the relevant FTA Regional Office for more information on the project. Contact information for FTA’s Regional Offices may be found at https://www.fta.dot.gov. This notice applies to all FTA decisions on the listed project as of the issuance date of this notice and all laws under which such action was taken, including, but not limited to, NEPA [42 U.S.C. 4321–4375], Section 4(f) of the Department of Transportation Act of 1966 [49 U.S.C. 303], Section 106 of the National Historic Preservation Act [16 U.S.C. 470f], and the Clean Air Act [42 U.S.C. 7401–7671q]. This notice does not, however, alter or extend the limitation period for challenges of project decisions subject to previous notices published in the Federal Register. The project and action that are the subject of this notice are: Project name and location: Second Avenue Subway, New York, NY. Project sponsor: Metropolitan Transportation Authority (MTA). Project description: The Second Avenue Subway Project is the phased construction of a new 8.5mile subway line under Second Avenue in Manhattan from 125th Street to Hanover Square in Lower Manhattan. It includes 16 new stations that will be accessible by persons with disabilities. FTA has agreed to partially fund the first phase of the project, which will run between 105th Street and 62nd Street and will connect to the existing F Line at 63rd Street. Various changes to Phase 1 of the project, as well as final design of certain elements of Phase 1 of the project, have been evaluated in a number of technical memoranda. In Technical Memorandum No. 11, the MTA proposed to change the location of the street-level portion of Entrance 1 of the 72nd Street Station from within the building at 301 East 69th Street to the east sidewalk of Second Avenue in front of the building at 301 East 69th Street. This notice only applies to the discrete action taken by FTA at this time, as described below. Nothing in this notice affects FTA’s previous decisions, or notice thereof, for this project. Final agency action: FTA determination that neither a supplemental environmental impact statement nor a supplemental environmental assessment is necessary. Supporting documentation: Technical Memorandum No. 11, Assessing Design VerDate Mar<15>2010 18:54 Jul 25, 2013 Jkt 229001 Changes: 72nd Street Station, Entrance 1. Lucy Garliauskas, Associate Administrator for Planning and Environment, Washington, DC. [FR Doc. 2013–17995 Filed 7–25–13; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. MCF 21054] Frank Sherman, Evergreen Trails, Inc., Cabana Coaches, LLC, TMS West Coast, Inc. and FSCS Corporation— Intra-Corporate Family Transaction Exemption Frank Sherman, Evergreen Trails, Inc. (Evergreen), Cabana Coaches, LLC (Cabana), TMS West Coast, Inc. (TMS), and FSCS Corporation (FSCS) (collectively, Applicants), have filed a verified notice of exemption under the Board’s class exemption procedures at 49 CFR 1182.9.1 The transaction involves the assignment of assets acquired by Frank Sherman from Coach America Holdings, Inc. (Coach America),2 specifically, those of Midnight Sun Tours, Inc. (Midnight Sun) and American Coach Lines of Miami, Inc. (ACL Miami), to Evergreen. Frank Sherman is an individual who controls motor passenger carriers Evergreen and Cabana and is the controlling shareholder of noncarrier holding companies FSCS and TMS. Cabana is owned directly by FSCS and Evergreen is owned indirectly by FSCS through TMS. In Docket No. MCF 21047, Applicants indicated that, under the terms of an asset purchase agreement, TMS would have the right to purchase 12 Coach America subsidiaries and would then assign its right to purchase to either FSCS or to Evergreen and Cabana. If the right to purchase were assigned to Evergreen and Cabana, Cabana would receive the right to purchase and consolidate the assets of Coach-Miami and Midnight Sun into Cabana; Evergreen would receive the right to purchase and consolidate the assets of all of the other Coach America 1 The Board has exempted intra-corporate family transactions of motor carriers of passengers that do not result in significant operational changes, adverse changes in service levels, or a change in the competitive balance with carriers outside the corporate family in Class Exemption for Motor Passenger Intra-Corporate Family Transactions, FD 33285 (STB served Feb. 18, 2000). 2 See Frank Sherman—Acquisition & Consolidation of Assets—American Charters, Ltd., MCF 21047 (STB served Sept. 6, 2012). PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 subsidiaries into Evergreen. The Board granted the application by decision served on September 6, 2012. Applicants subsequently decided that, primarily for insurance reasons, it would be more efficient and cost effective to consolidate the assets of Midnight Sun and ACL Miami into Evergreen rather than Cabana, as had been contemplated at the time the acquisition application was filed. Applicants proceeded to assign the assets to Evergreen and state that the assignment of assets did not affect the ultimate control of the assets, which remains with Frank Sherman. This is a transaction within a corporate family of the type specifically exempted from prior review and approval under 49 CFR 1182.9. Applicants state that the transaction has not and will not result in any change in service levels, significant operational changes, or any change in the competitive balance with carriers outside the corporate family. Applicants also state that (1) the assets of Midnight Sun and ACL Miami were assigned to Evergreen pursuant to an Assumption and Assignment Agreement, and (2) the only effect on employees is that employees that would have been employed by Cabana are now employed by Evergreen. The transaction was consummated on October 1, 2012.3 If the verified notice contains false or misleading information, the Board shall summarily revoke the exemption and require divestiture. Petitions to revoke the exemption under 49 U.S.C. 13541(d) may be filed at any time. See 49 CFR 1182.9(c). An original and ten copies of all pleadings, referring to Docket No. MCF 21054, 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 David H. Coburn, Steptoe & Johnson LLP, 1330 Connecticut Avenue NW., Washington, DC 20036. Board decisions and notices are available on our Web site at www.stb.dot.gov. Decided: July 18, 2013. 3 Applicants originally notified the Board of this transfer of assets to Evergreen in a letter filed on October 9, 2012. In a decision served on June 6, 2013, the Board, noting that this transfer appeared to be a transaction within a motor carrier family requiring Board approval, directed Applicants to file with the Board a notice of exemption under 49 CFR 1182.9 or explain why such a filing is unnecessary. E:\FR\FM\26JYN1.SGM 26JYN1 Federal Register / Vol. 78, No. 144 / Friday, July 26, 2013 / Notices By the Board, Richard Armstrong, Acting Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2013–17942 Filed 7–25–13; 8:45 am] tkelley on DSK3SPTVN1PROD with NOTICES BILLING CODE 4915–01–P VerDate Mar<15>2010 18:54 Jul 25, 2013 Jkt 229001 PO 00000 Frm 00121 Fmt 4703 Sfmt 9990 E:\FR\FM\26JYN1.SGM 26JYN1 45289

Agencies

[Federal Register Volume 78, Number 144 (Friday, July 26, 2013)]
[Notices]
[Pages 45288-45289]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17942]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. MCF 21054]


Frank Sherman, Evergreen Trails, Inc., Cabana Coaches, LLC, TMS 
West Coast, Inc. and FSCS Corporation--Intra-Corporate Family 
Transaction Exemption

    Frank Sherman, Evergreen Trails, Inc. (Evergreen), Cabana Coaches, 
LLC (Cabana), TMS West Coast, Inc. (TMS), and FSCS Corporation (FSCS) 
(collectively, Applicants), have filed a verified notice of exemption 
under the Board's class exemption procedures at 49 CFR 1182.9.\1\ The 
transaction involves the assignment of assets acquired by Frank Sherman 
from Coach America Holdings, Inc. (Coach America),\2\ specifically, 
those of Midnight Sun Tours, Inc. (Midnight Sun) and American Coach 
Lines of Miami, Inc. (ACL Miami), to Evergreen. Frank Sherman is an 
individual who controls motor passenger carriers Evergreen and Cabana 
and is the controlling shareholder of noncarrier holding companies FSCS 
and TMS. Cabana is owned directly by FSCS and Evergreen is owned 
indirectly by FSCS through TMS.
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    \1\ The Board has exempted intra-corporate family transactions 
of motor carriers of passengers that do not result in significant 
operational changes, adverse changes in service levels, or a change 
in the competitive balance with carriers outside the corporate 
family in Class Exemption for Motor Passenger Intra-Corporate Family 
Transactions, FD 33285 (STB served Feb. 18, 2000).
    \2\ See Frank Sherman--Acquisition & Consolidation of Assets--
American Charters, Ltd., MCF 21047 (STB served Sept. 6, 2012).
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    In Docket No. MCF 21047, Applicants indicated that, under the terms 
of an asset purchase agreement, TMS would have the right to purchase 12 
Coach America subsidiaries and would then assign its right to purchase 
to either FSCS or to Evergreen and Cabana. If the right to purchase 
were assigned to Evergreen and Cabana, Cabana would receive the right 
to purchase and consolidate the assets of Coach-Miami and Midnight Sun 
into Cabana; Evergreen would receive the right to purchase and 
consolidate the assets of all of the other Coach America subsidiaries 
into Evergreen. The Board granted the application by decision served on 
September 6, 2012.
    Applicants subsequently decided that, primarily for insurance 
reasons, it would be more efficient and cost effective to consolidate 
the assets of Midnight Sun and ACL Miami into Evergreen rather than 
Cabana, as had been contemplated at the time the acquisition 
application was filed. Applicants proceeded to assign the assets to 
Evergreen and state that the assignment of assets did not affect the 
ultimate control of the assets, which remains with Frank Sherman.
    This is a transaction within a corporate family of the type 
specifically exempted from prior review and approval under 49 CFR 
1182.9. Applicants state that the transaction has not and will not 
result in any change in service levels, significant operational 
changes, or any change in the competitive balance with carriers outside 
the corporate family. Applicants also state that (1) the assets of 
Midnight Sun and ACL Miami were assigned to Evergreen pursuant to an 
Assumption and Assignment Agreement, and (2) the only effect on 
employees is that employees that would have been employed by Cabana are 
now employed by Evergreen.
    The transaction was consummated on October 1, 2012.\3\
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    \3\ Applicants originally notified the Board of this transfer of 
assets to Evergreen in a letter filed on October 9, 2012. In a 
decision served on June 6, 2013, the Board, noting that this 
transfer appeared to be a transaction within a motor carrier family 
requiring Board approval, directed Applicants to file with the Board 
a notice of exemption under 49 CFR 1182.9 or explain why such a 
filing is unnecessary.
---------------------------------------------------------------------------

    If the verified notice contains false or misleading information, 
the Board shall summarily revoke the exemption and require divestiture. 
Petitions to revoke the exemption under 49 U.S.C. 13541(d) may be filed 
at any time. See 49 CFR 1182.9(c).
    An original and ten copies of all pleadings, referring to Docket 
No. MCF 21054, 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 David H. Coburn, Steptoe & Johnson LLP, 1330 
Connecticut Avenue NW., Washington, DC 20036.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: July 18, 2013.


[[Page 45289]]


    By the Board, Richard Armstrong, Acting Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2013-17942 Filed 7-25-13; 8:45 am]
BILLING CODE 4915-01-P
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