Tedesco Family ESB Trust, et al.-Purchase of Certain Assets and Membership Interests-Evergreen Interests-Evergreen Trails, Inc. d/b/a Horizon Coach Lines, et al., 69932-69933 [2013-27960]

Download as PDF 69932 Federal Register / Vol. 78, No. 225 / Thursday, November 21, 2013 / Notices tkelley on DSK3SPTVN1PROD with NOTICES through S5.5.1(g). If a common indicator is used, it shall display the word ‘‘Brake’’ (emphasis added). NHTSA Analysis and Reasoning: Ford stated that there are two conditions which will cause the brake system warning indicator, located on the instrument cluster and labeled with an ISO symbol instead of BRAKE, to illuminate: 1. The brake fluid level in the master cylinder reservoir is less than the recommended safe level; and 2. The parking brake control, a handle located on the center console, is applied. Ford also stated that each warning to the driver includes an audible chime and a warning message in the vehicle’s message center. The message ‘‘brake fluid low service now’’ would remain illuminated until brake fluid is added. However, that message may alternate with other serious message(s) should they appear. If the vehicle’s parking brake is applied, an audible chime will sound when the vehicle reaches 6 mph for more than 5 seconds. The message ‘‘park brake applied’’ will time out after 10 seconds, but it will be stored in the message information center for subsequent retrieval by the driver. In addition, the parking brake control is readily visible to the driver and the vehicle will lack acceleration if the parking brake is applied. For either or both conditions 1 and 2, the red brake system warning indicator labeled with the ISO symbol will remain illuminated until the problem is corrected. We believe that the combination of the red color of the ISO symbol, the audible chimes, message center warnings, and additionally for the parking brake, the position of the applied lever and reduced drivability, all described in the owner’s manual, will be sufficient to adequately warn the driver should these serious problems in the braking system occur, even in the absence of the required BRAKE label on the indicator. The manufacturer has shown that the discrepancy with the safety requirement is unlikely to lead to any misunderstanding especially since other sources of correct information beyond the ISO symbol are available. We also believe the ISO symbol has over time evolved to become more recognizable and understandable to drivers. In addition, NHTSA has not received any consumer complaints regarding the subject vehicles. NHTSA Decision: In consideration of the foregoing, NHTSA has determined that Ford has met its burden of persuasion that the FMVSS No. 101 and 135 noncompliance for the BRAKE telltale is inconsequential to motor VerDate Mar<15>2010 17:17 Nov 20, 2013 Jkt 232001 vehicle safety. Accordingly, Ford’s petition is hereby granted. NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 30120(h)) that permit manufacturers to file petitions for a determination of inconsequentiality allow NHTSA to exempt manufacturers only from the duties found in sections 30118 and 30120, respectively, to notify owners, purchasers, and dealers of a defect or noncompliance and to remedy the defect or noncompliance. Therefore, this decision only applies to the 485 vehicles that Ford no longer controlled at the time that it determined that a noncompliance existed in the subject vehicles. However, the granting of this petition does not relieve vehicle distributors and dealers of the prohibitions on the sale, offer for sale, or introduction or delivery for introduction into interstate commerce of the noncompliant vehicles under their control after Ford notified them that the subject noncompliance existed. Authority: 49 U.S.C. 30118, 30120: delegations of authority at CFR 1.95 and 501.8. Issued on: November 18, 2013. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 2013–27950 Filed 11–20–13; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. MCF 21056] Tedesco Family ESB Trust, et al.— Purchase of Certain Assets and Membership Interests—Evergreen Interests—Evergreen Trails, Inc. d/b/a Horizon Coach Lines, et al. AGENCY: Surface Transportation Board, DOT. Notice tentatively authorizing finance transaction. ACTION: On October 22, 2013, the Tedesco Family ESB Trust (Family Trust), on behalf of Franmar Leasing, Inc. (Franmar), together with the Francis Tedesco Revocable Trust and the Mark Tedesco Revocable Trust (collectively, Applicants), all noncarriers, filed an application under 49 U.S.C. 14303 for approval of two companion transactions. The first transaction involves Franmar’s purchase of certain motor coach and non-motor coach assets of Evergreen Trails, Inc. d/b/a Horizon Coach Lines (Evergreen) from three garage and terminal facility locations in Florida. The second transaction SUMMARY: PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 involves the purchase by the Francis Tedesco Revocable Trust and the Mark Tedesco Revocable Trust of FSCS Corporation’s (FSCS) membership interest in Cabana Coaches, LLC (Cabana). The Board is tentatively approving and authorizing the transactions, 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 set forth at 49 CFR 1182.5 and 1182.8. DATES: Comments must be filed by January 6, 2014. Applicants may file a reply by January 21, 2014. If no comments are filed by January 6, 2014, the notice shall be effective on January 7, 2014. ADDRESSES: Send an original and 10 copies of any comments referring to Docket No. MCF 21056 to: Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. In addition, send one copy of comments to Applicants’ representative: Fritz R. Kahn, 1919 M Street NW., 7th Floor, Washington, DC 20036. FOR FURTHER INFORMATION CONTACT: Jonathon Binet, (202) 245–0368. [Federal Information Relay Service (FIRS) for the hearing impaired: 1–800– 877–8339.] SUPPLEMENTARY INFORMATION: Family Trust owns and controls three motor carriers of passengers, Academy Express, L.L.C. (MC–413682), Academy Lines, L.L.C. (MC–41016), and Number 22 Hillside, L.L.C. (MC–413631) (collectively, Academy Companies), through Academy Bus, L.L.C., a noncarrier. Francis Tedesco is the sole manager of the individual Academy Companies. According to Applicants, Academy Lines, L.L.C. and Number 22 Hillside, L.L.C. are leading commuter regular route transportation companies operating in the New York metropolitan area and in New Jersey, respectively. Academy Express, L.L.C. operates primarily in the Northeast. Family Trust also owns and controls Franmar through two noncarriers, Franmar Logistics, Inc. and Academy Services, Inc. Franmar is primarily engaged in the purchase and leasing of motor coaches to the Academy Companies. The persons who own and control the Academy Companies are the trustees of the Francis Tedesco Revocable Trust (Francis Tedesco, sole trustee) and the Mark Tedesco Revocable Trust (Mark Tedesco, sole trustee), noncarriers, through Family Trust.1 1 Francis Tedesco and Mark Tedesco are the settlors of Family Trust. E:\FR\FM\21NON1.SGM 21NON1 tkelley on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 225 / Thursday, November 21, 2013 / Notices Francis W. Sherman owns and controls Cabana (MC–646780) through FSCS. Evergreen, a charter bus operator, (MC–107638) is under the common control of Francis W. Sherman through TMS West Coast, Inc., a noncarrier, and operates in California, Maryland, and Florida, among other states. Cabana is a charter bus operator in Florida, serving Florida ports (including Port Everglades) and Florida airports (including Fort Lauderdale-Hollywood International Airport). Applicants propose that Franmar will purchase certain motor coach and nonmotor coach business assets of Evergreen from three garage and terminal facilities located in Jacksonville, Fla., West Palm Beach, Fla., and Miami, Fla., respectively. Applicants also propose a separate transaction in which the Francis Tedesco Revocable Trust and the Mark Tedesco Revocable Trust purchase 100 percent of FSCS’s limited liability membership interest in Cabana. If this transaction is approved, Francis Tedesco, who is the current manager of the Academy Companies, will become the sole manager of Cabana. This transaction will, according to Applicants, permit Cabana to continue passenger transportation services in Florida. 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. Applicants have submitted information, as required by 49 CFR 1182.2, including the information to demonstrate that the proposed transactions are consistent with the public interest under 49 U.S.C. 14303(b), and a statement that the combined 12-month aggregate gross operating revenues of the motor carriers of passengers directly or indirectly owned and controlled by Francis W. Sherman, and those directly or indirectly owned and controlled by Applicants, exceeded $2 million. See 49 U.S.C. 14303(g). Applicants assert that the proposed transactions are in the public interest because Evergreen will be selling vehicles it no longer desires to operate and the public will lose no service as a result of the Franmar-Evergreen transaction because the same number of buses will continue to operate. Applicants also assert that Francis Tedesco is a ‘‘recognized leader in the VerDate Mar<15>2010 17:17 Nov 20, 2013 Jkt 232001 motorbus industry’’ 2 and will be able to procure equipment and fuel at lower prices thereby allowing Academy Companies to maintain a high level of service while lowering rates on charter bus operations to and from Port Everglades and Florida ports and Florida airports. Applicants further state that the proposed transactions would have no effect on total fixed charges and no effect on the quality of the human environment and the conservation of energy resources. Finally, Applicants state that the transaction would have no adverse effect on Evergreen and Cabana’s employees as Cabana will retain its employees and will interview and offer employment to Evergreen employees. On the basis of the application, the Board finds that the proposed transactions are consistent with the public interest and should be tentatively approved and authorized. If any opposing comments are timely filed, these findings 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 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 transactions are 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 vacated. 3. This notice will be effective on January 7, 2014, unless opposing comments are filed by January 6, 2014. 4. A copy of this decision 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, 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: November 18, 2013. 2 Id. PO 00000 at 7. Frm 00120 Fmt 4703 Sfmt 4703 69933 By the Board, Chairman Elliott, Vice Chairman Begeman, and Commissioner Mulvey. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2013–27960 Filed 11–20–13; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request November 18, 2013. The Department of the Treasury will submit the following information collection requests 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 December 23, 2013 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, 1750 Pennsylvania Ave. NW., Suite 8140, Washington, DC 20220, or email at PRA@treasury.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. Office of Financial Stability (OFS) OMB Number: 1505–0209. Type of Review: Revision of a currently approved collection. Title: Troubled Asset Relief Program—Conflicts of Interest. Abstract: Authorized under the Emergency Economic Stabilization Act (EESA) of 2008 (Pub. L. 110–343), as amended by the American Recovery and Reinvestment Act (ARRA) of 2009, the Department of the Treasury has implemented aspects of the Troubled Asset Relief Program (TARP) by codifying section 108 of EESA. Title 31 CFR part 31, TARP Conflict of Interest, sets forth the process for reviewing and addressing actual or potential conflicts of interest among any individuals or entities seeking or having a contract or financial agency agreement with the E:\FR\FM\21NON1.SGM 21NON1

Agencies

[Federal Register Volume 78, Number 225 (Thursday, November 21, 2013)]
[Notices]
[Pages 69932-69933]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27960]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. MCF 21056]


Tedesco Family ESB Trust, et al.--Purchase of Certain Assets and 
Membership Interests--Evergreen Interests--Evergreen Trails, Inc. d/b/a 
Horizon Coach Lines, et al.

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice tentatively authorizing finance transaction.

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

SUMMARY: On October 22, 2013, the Tedesco Family ESB Trust (Family 
Trust), on behalf of Franmar Leasing, Inc. (Franmar), together with the 
Francis Tedesco Revocable Trust and the Mark Tedesco Revocable Trust 
(collectively, Applicants), all noncarriers, filed an application under 
49 U.S.C. 14303 for approval of two companion transactions. The first 
transaction involves Franmar's purchase of certain motor coach and non-
motor coach assets of Evergreen Trails, Inc. d/b/a Horizon Coach Lines 
(Evergreen) from three garage and terminal facility locations in 
Florida. The second transaction involves the purchase by the Francis 
Tedesco Revocable Trust and the Mark Tedesco Revocable Trust of FSCS 
Corporation's (FSCS) membership interest in Cabana Coaches, LLC 
(Cabana). The Board is tentatively approving and authorizing the 
transactions, 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 set forth at 49 CFR 1182.5 and 
1182.8.

DATES: Comments must be filed by January 6, 2014. Applicants may file a 
reply by January 21, 2014. If no comments are filed by January 6, 2014, 
the notice shall be effective on January 7, 2014.

ADDRESSES: Send an original and 10 copies of any comments referring to 
Docket No. MCF 21056 to: Surface Transportation Board, 395 E Street 
SW., Washington, DC 20423-0001. In addition, send one copy of comments 
to Applicants' representative: Fritz R. Kahn, 1919 M Street NW., 7th 
Floor, Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: Jonathon Binet, (202) 245-0368. 
[Federal Information Relay Service (FIRS) for the hearing impaired: 1-
800-877-8339.]

SUPPLEMENTARY INFORMATION: Family Trust owns and controls three motor 
carriers of passengers, Academy Express, L.L.C. (MC-413682), Academy 
Lines, L.L.C. (MC-41016), and Number 22 Hillside, L.L.C. (MC-413631) 
(collectively, Academy Companies), through Academy Bus, L.L.C., a 
noncarrier. Francis Tedesco is the sole manager of the individual 
Academy Companies. According to Applicants, Academy Lines, L.L.C. and 
Number 22 Hillside, L.L.C. are leading commuter regular route 
transportation companies operating in the New York metropolitan area 
and in New Jersey, respectively. Academy Express, L.L.C. operates 
primarily in the Northeast.
    Family Trust also owns and controls Franmar through two 
noncarriers, Franmar Logistics, Inc. and Academy Services, Inc. Franmar 
is primarily engaged in the purchase and leasing of motor coaches to 
the Academy Companies. The persons who own and control the Academy 
Companies are the trustees of the Francis Tedesco Revocable Trust 
(Francis Tedesco, sole trustee) and the Mark Tedesco Revocable Trust 
(Mark Tedesco, sole trustee), noncarriers, through Family Trust.\1\
---------------------------------------------------------------------------

    \1\ Francis Tedesco and Mark Tedesco are the settlors of Family 
Trust.

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

[[Page 69933]]

    Francis W. Sherman owns and controls Cabana (MC-646780) through 
FSCS. Evergreen, a charter bus operator, (MC-107638) is under the 
common control of Francis W. Sherman through TMS West Coast, Inc., a 
noncarrier, and operates in California, Maryland, and Florida, among 
other states. Cabana is a charter bus operator in Florida, serving 
Florida ports (including Port Everglades) and Florida airports 
(including Fort Lauderdale-Hollywood International Airport).
    Applicants propose that Franmar will purchase certain motor coach 
and non-motor coach business assets of Evergreen from three garage and 
terminal facilities located in Jacksonville, Fla., West Palm Beach, 
Fla., and Miami, Fla., respectively. Applicants also propose a separate 
transaction in which the Francis Tedesco Revocable Trust and the Mark 
Tedesco Revocable Trust purchase 100 percent of FSCS's limited 
liability membership interest in Cabana. If this transaction is 
approved, Francis Tedesco, who is the current manager of the Academy 
Companies, will become the sole manager of Cabana. This transaction 
will, according to Applicants, permit Cabana to continue passenger 
transportation services in Florida.
    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. Applicants have submitted information, as required by 49 CFR 
1182.2, including the information to demonstrate that the proposed 
transactions are consistent with the public interest under 49 U.S.C. 
14303(b), and a statement that the combined 12-month aggregate gross 
operating revenues of the motor carriers of passengers directly or 
indirectly owned and controlled by Francis W. Sherman, and those 
directly or indirectly owned and controlled by Applicants, exceeded $2 
million. See 49 U.S.C. 14303(g).
    Applicants assert that the proposed transactions are in the public 
interest because Evergreen will be selling vehicles it no longer 
desires to operate and the public will lose no service as a result of 
the Franmar-Evergreen transaction because the same number of buses will 
continue to operate. Applicants also assert that Francis Tedesco is a 
``recognized leader in the motorbus industry'' \2\ and will be able to 
procure equipment and fuel at lower prices thereby allowing Academy 
Companies to maintain a high level of service while lowering rates on 
charter bus operations to and from Port Everglades and Florida ports 
and Florida airports. Applicants further state that the proposed 
transactions would have no effect on total fixed charges and no effect 
on the quality of the human environment and the conservation of energy 
resources. Finally, Applicants state that the transaction would have no 
adverse effect on Evergreen and Cabana's employees as Cabana will 
retain its employees and will interview and offer employment to 
Evergreen employees.
---------------------------------------------------------------------------

    \2\ Id. at 7.
---------------------------------------------------------------------------

    On the basis of the application, the Board finds that the proposed 
transactions are consistent with the public interest and should be 
tentatively approved and authorized. If any opposing comments are 
timely filed, these findings 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 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 transactions are 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 vacated.
    3. This notice will be effective on January 7, 2014, unless 
opposing comments are filed by January 6, 2014.
    4. A copy of this decision 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, 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: November 18, 2013.

    By the Board, Chairman Elliott, Vice Chairman Begeman, and 
Commissioner Mulvey.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2013-27960 Filed 11-20-13; 8:45 am]
BILLING CODE 4915-01-P

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