Frank Sherman, FSCS Corporation, TMS West Coast, Inc., Evergreen Trails, Inc., and Horizon Coach Lines NC Inc.-Intra-Corporate Family Transaction Exemption, 5197 [2015-01742]

Download as PDF asabaliauskas on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 20 / Friday, January 30, 2015 / Notices collection techniques or other forms of information technology, e.g. permitting electronic submission of responses. In compliance with these requirements, NHTSA asks for public comments on the following proposed collection of information for which the agency is seeking approval from OMB Control Number: 2127–0008. Title: Consumer Complaint Information. Type of Request: Extension of a currently approved collection. Abstract: Chapter 301 of title 49 of the United States Code, the Secretary of Transportation is authorized to require manufacturers of motor vehicles and motor vehicle equipment to conduct owner notification and remedy, i.e., a recall campaign, when it has been determined that a safety defect exists in the performance, construction, components, or materials in motor vehicles and motor vehicle equipment. To make this determination, the National Highway Traffic Safety Administration (NHTSA) solicits information from vehicle owners which is used to identify and evaluate possible safety-related defects and provide the necessary evidence of the existence of such a defect. Under the Authority of chapter 301 of Title 49 of the United States Code, the Secretary of Transportation is authorized to require manufacturers of motor vehicle and motor vehicle equipment which do not comply with the applicable Federal motor vehicle safety standards or contains a defect that relates to motor vehicle safety to notify each owner that their vehicle contains a safety defect or noncompliance. Also, the manufacturer of motor vehicle replacement equipment presented for remedy pursuant to such notification shall cause such defect or noncompliance to be remedied without charge. In the case of a motor vehicle presented for remedy pursuant to such notification, the manufacturer shall cause the vehicle remedied by whichever of the following means he elects: (1) By repairing such vehicle; (2) by replacing such motor vehicle without charge; or (3) by refunding the purchase price less depreciation. To ensure these objectives are being met, NHTSA audits recalls conducted by manufacturer. These audits are performed on a randomly selected number of vehicle owners for verification and validation purposes. Affected Public: Individuals and Households. Estimated Total Annual Burden Hours: 11,814. Number of Respondents: 47,256. VerDate Sep<11>2014 18:50 Jan 29, 2015 Jkt 235001 Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended; and 49 CFR 1:48. Randy Reid, Chief, Correspondence Research Division, Office of Defects Investigation. [FR Doc. 2015–01780 Filed 1–29–15; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. MCF 21061] Frank Sherman, FSCS Corporation, TMS West Coast, Inc., Evergreen Trails, Inc., and Horizon Coach Lines NC Inc.—Intra-Corporate Family Transaction Exemption Frank Sherman, FSCS Corporation (FSCS), Evergreen Trails, Inc. (Evergreen), TMS West Coast, Inc. (TMS), and Horizon Coach Lines NC Inc. (Horizon NC) (collectively, Applicants), have filed a verified notice of exemption under the Board’s class exemption procedures at 49 CFR 1182.9.1 Frank Sherman is an individual who controls motor passenger carrier Evergreen and is the controlling shareholder of FSCS. Evergreen, which conducts its motor passenger carrier operations using d/b/a/ Horizon Coach Lines, is directly owned by the noncarrier holding company TMS, which in turn is owned by the noncarrier holding company FSCS. Horizon NC is directly owned by FSCS. Currently, Horizon NC is not operating as a motor carrier and does not hold any motor carrier assets. Both Horizon NC and Evergreen are ultimately controlled by Mr. Sherman. Applicants state that the purpose of this reorganization is to enhance the efficiency of the North Carolina operations and avoid certain costs that would otherwise be incurred if Evergreen continued to conduct the operations. This notice will permit a transaction to go forward that will allow Horizon NC, an affiliate of Evergreen, to acquire and operate Evergreen’s North Carolina assets, including its intrastate operating authority, motor carrier passenger services, and certain key management personnel. This transaction will allow Evergreen to limit its reporting obligations in North Carolina 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 33685 (STB served Feb. 18, 2000). PO 00000 Frm 00118 Fmt 4703 Sfmt 9990 5197 to drivers and operations statewide, rather than nationwide. Applicants state that there would be no change in services currently offered or the management and assets used to provide these services. Applicants point out that the existing services being performed by Evergreen and its assets would simply be controlled by a different corporate entity within Evergreen’s corporate family. 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) Horizon NC will acquire control of Evergreen’s North Carolina assets through an internal arrangement that will be entered into between Horizon NC and Evergreen, and (2) the only effect on employees is that employees currently employed by Evergreen in North Carolina will be employed Horizon NC. Applicants state that the transaction will not be consummated until at least seven days after the filing date of the verified notice of exemption. The notice was filed on December 31, 2014; therefore, consummation could occur on or after January 7, 2015. 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 21061, 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: January 26, 2015. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Brendetta S. Jones, Clearance Clerk. [FR Doc. 2015–01742 Filed 1–29–15; 8:45 am] BILLING CODE 4915–01–P E:\FR\FM\30JAN1.SGM 30JAN1

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[Federal Register Volume 80, Number 20 (Friday, January 30, 2015)]
[Notices]
[Page 5197]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01742]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. MCF 21061]


Frank Sherman, FSCS Corporation, TMS West Coast, Inc., Evergreen 
Trails, Inc., and Horizon Coach Lines NC Inc.--Intra-Corporate Family 
Transaction Exemption

    Frank Sherman, FSCS Corporation (FSCS), Evergreen Trails, Inc. 
(Evergreen), TMS West Coast, Inc. (TMS), and Horizon Coach Lines NC 
Inc. (Horizon NC) (collectively, Applicants), have filed a verified 
notice of exemption under the Board's class exemption procedures at 49 
CFR 1182.9.\1\ Frank Sherman is an individual who controls motor 
passenger carrier Evergreen and is the controlling shareholder of FSCS. 
Evergreen, which conducts its motor passenger carrier operations using 
d/b/a/ Horizon Coach Lines, is directly owned by the noncarrier holding 
company TMS, which in turn is owned by the noncarrier holding company 
FSCS. Horizon NC is directly owned by FSCS. Currently, Horizon NC is 
not operating as a motor carrier and does not hold any motor carrier 
assets. Both Horizon NC and Evergreen are ultimately controlled by Mr. 
Sherman.
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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 33685 (STB served Feb. 18, 2000).
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    Applicants state that the purpose of this reorganization is to 
enhance the efficiency of the North Carolina operations and avoid 
certain costs that would otherwise be incurred if Evergreen continued 
to conduct the operations. This notice will permit a transaction to go 
forward that will allow Horizon NC, an affiliate of Evergreen, to 
acquire and operate Evergreen's North Carolina assets, including its 
intrastate operating authority, motor carrier passenger services, and 
certain key management personnel. This transaction will allow Evergreen 
to limit its reporting obligations in North Carolina to drivers and 
operations statewide, rather than nationwide. Applicants state that 
there would be no change in services currently offered or the 
management and assets used to provide these services. Applicants point 
out that the existing services being performed by Evergreen and its 
assets would simply be controlled by a different corporate entity 
within Evergreen's corporate family.
    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) Horizon NC will 
acquire control of Evergreen's North Carolina assets through an 
internal arrangement that will be entered into between Horizon NC and 
Evergreen, and (2) the only effect on employees is that employees 
currently employed by Evergreen in North Carolina will be employed 
Horizon NC.
    Applicants state that the transaction will not be consummated until 
at least seven days after the filing date of the verified notice of 
exemption. The notice was filed on December 31, 2014; therefore, 
consummation could occur on or after January 7, 2015.
    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 21061, 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: January 26, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2015-01742 Filed 1-29-15; 8:45 am]
BILLING CODE 4915-01-P

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