Academy Bus LLC-Acquisition of the Properties of Evergreen Trails Inc. d/b/a Horizon Coach Lines, 12056-12057 [2015-05080]

Download as PDF 12056 Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / Notices consider matters properly before the Board. Mr. Avelino Gutierrez, Chair, Unified Carrier Registration Board of Directors at (505) 827–4565. FOR FURTHER INFORMATION CONTACT: Dated: March 2, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015–05199 Filed 3–3–15; 4:15 pm] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. MCF 21060] Academy Bus LLC—Acquisition of the Properties of Evergreen Trails Inc. d/b/ a Horizon Coach Lines AGENCY: Surface Transportation Board, DOT. Notice tentatively approving and authorizing finance transaction. ACTION: Academy Bus LLC, a motor carrier of passengers (Academy), has filed an application under 49 U.S.C. 14303 to acquire property of Evergreen Trails Inc. d/b/a Horizon Coach Lines (Evergreen), a motor carrier of passengers. The Board is tentatively approving and authorizing the transaction, 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 at 49 CFR 1182.5 and 1182.8. DATES: Comments must be filed by April 20, 2015. Applicant may file a reply by May 4, 2015. If no comments are filed by April 20, 2015, this notice shall be effective on April 21, 2015. ADDRESSES: Send an original and 10 copies of any comments referring to Docket No. MCF 21060 to: Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. In addition, send one copy of comments to Academy’s representative: Fritz R. Kahn, Fritz R. Kahn, P.C., 1919 M Street NW., 7th Floor, Washington, DC 20036. FOR FURTHER INFORMATION CONTACT: Amy Ziehm, (202) 245–0391. Federal Information Relay Service (FIRS) for the hearing impaired: 1–800–877–8339. SUPPLEMENTARY INFORMATION: Academy is a motor carrier licensed by the Federal Motor Carrier Safety Administration (FMCSA) (MC–646780) and primarily provides charter bus operations in Florida. Academy is owned by Academy Bus (Florida) ESB Trust, which is controlled by Francis mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 19:28 Mar 04, 2015 Jkt 235001 Tedesco, sole trustee. The Tedesco Family ESB Trust, a separate trust of which Francis Tedesco and Mark Tedesco are beneficiaries, directly controls the following noncarriers: Academy Bus, L.L.C. (ABL) 1; Franmar Logistics, Inc.; Franmar Equities, Inc.; and Log Re, Inc. ABL owns the following carriers: Academy Express, L.L.C., Academy Lines, L.L.C., and Number 22 Hillside, L.L.C. Evergreen, a motor carrier licensed by FMCSA (MC– 107638), provides charter operations in North Carolina and other locations. Evergreen is owned by TMS West Coast, Inc., a noncarrier holding company, which is in turn owned by FSCS Corporation, another noncarrier holding company. Francis W. Sherman is the controlling shareholder of FSCS Corporation, which also owns noncarriers TMS Canada Holdings, Ltd. and Horizon Coach Lines NC, Inc. Under the proposed transaction, Academy seeks to acquire the sublease to Evergreen’s Durham, N.C. terminal, certain charter contracts, all furniture, fixtures, equipment, computers, machinery apparatus, appliances, signage, supplies, parts inventory, forklifts, shop tools, office equipment, desks, telephones, telex and telephone facsimile numbers and other directory listings, goodwill and other intangible assets, advertising, marketing and promotional materials, studies, reports, and all other printed or written materials used in and relating solely and exclusively to Evergreen’s business operations from its Durham terminal.2 Academy states that this acquisition would allow it to expand its charter operations to serve the southeastern area of the United States. Academy further states that if the transaction is approved, it would continue to serve potential charter parties in the vicinity of the Durham terminal. 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. Academy has submitted information, as required by 49 CFR 1182.2, including the information to 1 Please note that while applicant Academy Bus LLC is a Florida motor carrier, Academy Bus, L.L.C. –ABL– is a New Jersey noncarrier holding company. 2 The application states that 30 vehicles that had been operated from the Durham terminal by Evergreen are being sold to Franmar Leasing, Inc., a noncarrier engaged in the business of leasing buses. PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 demonstrate that the proposed transaction is consistent with the public interest under 49 U.S.C. 14303(b), and a statement that Academy and its motor carrier affiliated companies and Francis W. Sherman and his motor carrier affiliated companies have aggregate gross annual operating revenues in excess of $2 million.3 Applicant asserts that the proposed transaction is in the public interest because the acquisition would allow continued operations from the Durham terminal by an ‘‘experienced and successful motorbus operator.’’ 4 Academy states that the proposed transaction would not diminish competition, as Evergreen would continue to operate from other locations in North Carolina. Academy further states that the proposed transaction would not result in an increase to total fixed charges. Finally, Academy states that the transaction would have no adverse effect upon the Durham terminal’s employees, as these employees would have the opportunity to gain employment with Academy. On the basis of the application, the Board finds that the proposed transaction is 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 party’s 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 transaction is 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 as having been vacated. 3. This notice will be effective April 21, 2015, unless opposing comments are timely filed. 4. A copy of this decision will be served on: (1) U.S. Department of Transportation, Federal Motor Carrier 3 The showing of $2 million gross operating revenue is required under 49 U.S.C. 14303(g) for the Board to have jurisdiction over the transaction. 4 Application 5. E:\FR\FM\05MRN1.SGM 05MRN1 Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / Notices 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: March 2, 2015. By the Board, Acting Chairman Miller and Vice Chairman Begeman. Brendetta S. Jones, Clearance Clerk. [FR Doc. 2015–05080 Filed 3–4–15; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Meeting; RTCA Program Management Committee Federal Aviation Administration (FAA), U.S. Department of Transportation (DOT). ACTION: Notice of RTCA Program Management Committee meeting. AGENCY: The FAA is issuing this notice to advise the public of a meeting of RTCA Program Management Committee. DATES: The meeting will be held March 24th 2015 from 8:30 a.m.–3:30 p.m. ADDRESSES: The meeting will be held at RTCA, Inc., 1150 18th Street, NW., Suite 910, Washington, DC, 20036. FOR FURTHER INFORMATION CONTACT: The RTCA Secretariat, 1150 18th Street NW., Suite 910, Washington, DC 20036, or by telephone at (202) 833–9339, fax at (202) 833–9434, or Web site at http:// www.rtca.org. SUMMARY: Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92– 463, 5 U.S.C., App.), notice is hereby given for a Program Management Committee meeting. The agenda will include the following: SUPPLEMENTARY INFORMATION: mstockstill on DSK4VPTVN1PROD with NOTICES March 24th • WELCOME AND INTRODUCTIONS • REVIEW/APPROVE Meeting Summary Æ December 16, 2014, RTCA Paper No. 030–14/PMC–1296 • PUBLICATION CONSIDERATION/ APPROVAL Æ Final Draft, New Document, Minimum Operational Performance Standards for Flight Information Services—Broadcast (FIS–B) with the Universal Access Transceiver (UAT), prepared by SC–206 Æ Final Draft, Supplement to New VerDate Sep<11>2014 19:28 Mar 04, 2015 Jkt 235001 Document, Minimum Operational Performance Standards for Flight Information Services—Broadcast (FIS–B) with the Universal Access Transceiver (UAT), Test Procedures/Electronic File only, prepared by SC–206 Æ Final Draft, New Document, Enhanced Flight Vision Systems and Synthetic Vision Systems, prepared by SC–213 Æ Final Draft, Change 4 to DO–210D, Minimum Operational Performance Standards for Geosynchronous Orbit Aeronautical Mobile Satellite Services (AMSS) Avionics, prepared by SC–222 • INTEGRATION and COORDINATION COMMITTEE (ICC) • ACTION ITEM REVIEW Æ PMC Ad Hoc—Standards Overlap and Alignment—Discussion— Workshop Status. Æ RTCA Policy on Propriety Information—Discussion—Update • DISCUSSION Æ SC–147—Traffic Alert and Collision Avoidance System—CoChair Nomination—Review/ Approve Æ SC–214—Standards for Air Traffic Data ommunication Services— Discussion—Revised Terms of Reference (TOR) Æ SC–216—Aeronautical Systems Security—Discussion—Revised TOR Æ SC–224—Airport Security Access Control Systems—Discussion— Revised TOR—Development of Operational Guidelines Æ SC–225—Rechargeable Lithium Batteries and Battery Systems— Status—Revised TOR—Discussion Æ SC–227—Standards of Navigation Performance—Discussion—Revised TOR Æ SC–229—406 MHz Emergency Locator Transmitters (ELTs)—In Reference To TOR Discussion— Aircraft Tracking and In-Flight Triggering Æ SC–230—Airborne Weather Detection—Discussion—Revised TOR Æ SC–234—Portable Electronic Devices—Discussion—Status Update Æ Wake Vortex Tiger Team— Discussion—White Paper—Progress Status Æ Design Assurance Guidance for Airborne Electronic Hardware— Status—Possible New Special Committee to Update RTCA DO– 254 Æ NAC—Status Update Æ FAA Actions Taken on Previously Published Documents—Report PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 12057 Æ Special Committees—Chairmen’s Reports and Active Inter-Special Committee Requirements Agreements (ISRA)—Review Æ European/EUROCAE Coordination—Status Update Æ RTCA Award Nominations— Consideration/Approval of Nominations • OTHER BUSINESS • SCHEDULE for COMMITTEE DELIVERABLES and NEXT MEETING DATE Attendance is open to the interested public but limited to space availability. With the approval of the chairman, members of the public may present oral statements at the meeting. Persons wishing to present statements or obtain information should contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Members of the public may present a written statement to the committee at any time. Issued in Washington, DC, on February 25, 2015. Mohannad Dawoud, Management Analyst, NextGen, Program Oversight and Administration, Federal Aviation Administration. [FR Doc. 2015–05108 Filed 3–4–15; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2013–0019] Greenkraft Inc.; Grant of Application for a Temporary Exemption From FMVSS No. 108 National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Notice of grant of petition for a temporary exemption from paragraph S10 of Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment. AGENCY: This notice grants the petition of Greenkraft, Inc. (Greenkraft) for a temporary exemption from the headlamp requirements of FMVSS No. 108 for the company’s 1061 and 1083 model trucks for headlamps complying with European regulatory requirements. The exemption is limited to 120 vehicles. The agency has considered Greenkraft’s petition for exemption and has determined that the exemption would facilitate the development or field evaluation of a low-emission motor vehicle and would not unreasonably reduce the safety level of that vehicle if SUMMARY: E:\FR\FM\05MRN1.SGM 05MRN1

Agencies

[Federal Register Volume 80, Number 43 (Thursday, March 5, 2015)]
[Notices]
[Pages 12056-12057]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-05080]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. MCF 21060]


Academy Bus LLC--Acquisition of the Properties of Evergreen 
Trails Inc. d/b/a Horizon Coach Lines

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice tentatively approving and authorizing finance 
transaction.

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

SUMMARY: Academy Bus LLC, a motor carrier of passengers (Academy), has 
filed an application under 49 U.S.C. 14303 to acquire property of 
Evergreen Trails Inc. d/b/a Horizon Coach Lines (Evergreen), a motor 
carrier of passengers. The Board is tentatively approving and 
authorizing the transaction, 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 at 49 CFR 1182.5 and 
1182.8.

DATES: Comments must be filed by April 20, 2015. Applicant may file a 
reply by May 4, 2015. If no comments are filed by April 20, 2015, this 
notice shall be effective on April 21, 2015.

ADDRESSES: Send an original and 10 copies of any comments referring to 
Docket No. MCF 21060 to: Surface Transportation Board, 395 E Street 
SW., Washington, DC 20423-0001. In addition, send one copy of comments 
to Academy's representative: Fritz R. Kahn, Fritz R. Kahn, P.C., 1919 M 
Street NW., 7th Floor, Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: Amy Ziehm, (202) 245-0391. Federal 
Information Relay Service (FIRS) for the hearing impaired: 1-800-877-
8339.

SUPPLEMENTARY INFORMATION: Academy is a motor carrier licensed by the 
Federal Motor Carrier Safety Administration (FMCSA) (MC-646780) and 
primarily provides charter bus operations in Florida. Academy is owned 
by Academy Bus (Florida) ESB Trust, which is controlled by Francis 
Tedesco, sole trustee. The Tedesco Family ESB Trust, a separate trust 
of which Francis Tedesco and Mark Tedesco are beneficiaries, directly 
controls the following noncarriers: Academy Bus, L.L.C. (ABL) \1\; 
Franmar Logistics, Inc.; Franmar Equities, Inc.; and Log Re, Inc. ABL 
owns the following carriers: Academy Express, L.L.C., Academy Lines, 
L.L.C., and Number 22 Hillside, L.L.C. Evergreen, a motor carrier 
licensed by FMCSA (MC-107638), provides charter operations in North 
Carolina and other locations. Evergreen is owned by TMS West Coast, 
Inc., a noncarrier holding company, which is in turn owned by FSCS 
Corporation, another noncarrier holding company. Francis W. Sherman is 
the controlling shareholder of FSCS Corporation, which also owns 
noncarriers TMS Canada Holdings, Ltd. and Horizon Coach Lines NC, Inc.
---------------------------------------------------------------------------

    \1\ Please note that while applicant Academy Bus LLC is a 
Florida motor carrier, Academy Bus, L.L.C. -ABL- is a New Jersey 
noncarrier holding company.
---------------------------------------------------------------------------

    Under the proposed transaction, Academy seeks to acquire the 
sublease to Evergreen's Durham, N.C. terminal, certain charter 
contracts, all furniture, fixtures, equipment, computers, machinery 
apparatus, appliances, signage, supplies, parts inventory, forklifts, 
shop tools, office equipment, desks, telephones, telex and telephone 
facsimile numbers and other directory listings, goodwill and other 
intangible assets, advertising, marketing and promotional materials, 
studies, reports, and all other printed or written materials used in 
and relating solely and exclusively to Evergreen's business operations 
from its Durham terminal.\2\ Academy states that this acquisition would 
allow it to expand its charter operations to serve the southeastern 
area of the United States. Academy further states that if the 
transaction is approved, it would continue to serve potential charter 
parties in the vicinity of the Durham terminal.
---------------------------------------------------------------------------

    \2\ The application states that 30 vehicles that had been 
operated from the Durham terminal by Evergreen are being sold to 
Franmar Leasing, Inc., a noncarrier engaged in the business of 
leasing buses.
---------------------------------------------------------------------------

    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. Academy has submitted information, as required by 49 CFR 
1182.2, including the information to demonstrate that the proposed 
transaction is consistent with the public interest under 49 U.S.C. 
14303(b), and a statement that Academy and its motor carrier affiliated 
companies and Francis W. Sherman and his motor carrier affiliated 
companies have aggregate gross annual operating revenues in excess of 
$2 million.\3\
---------------------------------------------------------------------------

    \3\ The showing of $2 million gross operating revenue is 
required under 49 U.S.C. 14303(g) for the Board to have jurisdiction 
over the transaction.
---------------------------------------------------------------------------

    Applicant asserts that the proposed transaction is in the public 
interest because the acquisition would allow continued operations from 
the Durham terminal by an ``experienced and successful motorbus 
operator.'' \4\ Academy states that the proposed transaction would not 
diminish competition, as Evergreen would continue to operate from other 
locations in North Carolina. Academy further states that the proposed 
transaction would not result in an increase to total fixed charges. 
Finally, Academy states that the transaction would have no adverse 
effect upon the Durham terminal's employees, as these employees would 
have the opportunity to gain employment with Academy.
---------------------------------------------------------------------------

    \4\ Application 5.
---------------------------------------------------------------------------

    On the basis of the application, the Board finds that the proposed 
transaction is 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 party's 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 transaction is 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 as having been vacated.
    3. This notice will be effective April 21, 2015, unless opposing 
comments are timely filed.
    4. A copy of this decision will be served on: (1) U.S. Department 
of Transportation, Federal Motor Carrier

[[Page 12057]]

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: March 2, 2015.

    By the Board, Acting Chairman Miller and Vice Chairman Begeman.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2015-05080 Filed 3-4-15; 8:45 am]
 BILLING CODE 4915-01-P