National Express LLC-Acquisition of Control-White Plains Bus Company, Inc., 79993-79995 [2015-32313]
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Federal Register / Vol. 80, No. 246 / Wednesday, December 23, 2015 / Notices
• A new frontal oblique test to
address a crash type that continues to
result in deaths and serious injuries
despite the use of seat belts, air bags,
and the crashworthy structures of latemodel vehicles;
• Use of the THOR 50th percentile
male anthropomorphic test device
(ATD) (i.e., crash test dummy) in the
frontal oblique and full frontal tests
because of its advanced instrumentation
and more human-like (i.e., biofidelic)
response to the forces experienced in
these crashes;
• Use of the WorldSID 50th percentile
male ATD in both side pole and side
moveable deformable barrier tests
because of its advanced instrumentation
and enhanced biofidelic properties;
• Pedestrian crashworthiness testing
to measure the extent to which vehicles
are designed to minimize injuries and
fatalities when they strike pedestrians;
• An update of the rollover static
stability factor risk curve using crash
data from only newer electronic stability
control equipped vehicles;
• The addition of a crash avoidance
rating based on whether a vehicle offers
any of the multiple technologies that
will be added to NCAP and whether the
technologies meet NHTSA performance
measures;
Æ These technologies would include
forward collision warning, lane
departure warning, blind spot detection,
lower beam headlighting technologies,
semi-automatic headlamp beam
switching, amber rear turn signal lamps,
rear automatic braking and pedestrian
automatic emergency braking. (A
decision concerning the addition of
crash imminent braking and dynamic
brake support to the technologies
recommended by NCAP is the subject of
a separate proceeding recently
published.2)
• A new approach to determining a
vehicle’s overall 5-star rating that will,
for the first time, incorporate advanced
crash avoidance technology features,
along with ratings for crashworthiness
and pedestrian protection.
You can learn more about the planned
upgrade by reviewing the RFC notice
and the supplementary documents
located at https://www.safercar.gov/
5Stars or in the docket.
Should it be necessary for the agency
to cancel either public hearing due to
inclement weather or any other
emergencies, a decision to cancel will
be made as soon as possible and
emailed to those individuals who have
registered to provide oral comments. If
you do not have access to email, you
2 See www.regulations.gov, Docket No. NHTSA–
2015–0006–0024.
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18:05 Dec 22, 2015
Jkt 238001
may call the contacts listed in this
announcement and leave your
telephone number and/or email address.
You will be contacted only if the public
hearing is postponed or canceled.
Public Hearing Procedures. Because
the hearings will be located in Federal
facilities, security screening will be
required. Attendees will need to show
photo identification and be screened for
security purposes. Please plan your
arrival so as to allow sufficient time to
complete the screening. Please note that
the Patrick McNamara Federal Building
does not open until 8:00 a.m.
NHTSA will conduct the hearings
informally. Thus, technical rules of
evidence will not apply. Panel members
may ask clarifying questions during the
oral presentations, but will not respond
to the presentations at that time. You
may make arrangements to obtain copies
of the transcripts directly with the court
reporter. Written statements and
supporting information submitted
during the comment period on the RFC
notice will be considered with the same
weight as oral comments and supporting
information presented at the public
hearings. The RFC notice provides that
written comments should be submitted
no later than February 16, 2016.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2015–32184 Filed 12–22–15; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. MCF 21065]
National Express LLC—Acquisition of
Control—White Plains Bus Company,
Inc.
AGENCY:
Surface Transportation Board,
DOT.
Notice Tentatively Approving
and Authorizing Finance Transaction.
ACTION:
On November 23, 2015,
National Express LLC (National Express
or Applicant), a non-carrier, filed an
application under 49 U.S.C. 14303 so
that it can acquire common control of
White Plains Bus Company, Inc. (White
Plains). 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
February 8, 2016. Applicant may file a
SUMMARY:
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79993
reply by February 22, 2016. If no
comments are filed by February 8, 2016,
this notice shall be effective on February
9, 2016.
ADDRESSES: Send an original and 10
copies of any comments referring to
Docket No. MCF 21065 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.
FOR FURTHER INFORMATION CONTACT:
Nathaniel Bawcombe (202) 245–0376.
Federal Information Relay Service
(FIRS) for the hearing impaired: 1–800–
877–8339.
SUPPLEMENTARY INFORMATION: Applicant,
a non-carrier, states that it is a holding
company organized under the laws of
the state of Delaware. According to
Applicant, it is indirectly controlled by
a British corporation, National Express
Group, PLC (Express Group). Applicant
states that Express Group indirectly
controls the following passenger motor
carriers (National Express Affiliated
Carriers): Beck Bus Transportation Corp.
(Beck), Carrier Management Corporation
(CMI), Durham School Services, L.P.
(Durham), MV Student Transportation,
Inc. (MV), National Express Transit
Corporation (NETC), National Express
Transit Services Corporation (NETSC),
Petermann Ltd. (LTD), Petermann
Northeast LLC (Northeast), Petermann
Northwest LLC (Northwest), Petermann
Southwest LLC (Southwest), Petermann
STSA, LLC (STSA), Trans Express, Inc.
(Trans Express), and Rainbow
Management Service Inc. (Rainbow).
Applicant alleges the following facts
regarding a number of interstate and
intrastate for-hire passenger motor
carrier authorities collectively held by
the National Express Affiliated Carriers:
• Beck is a passenger motor carrier
primarily engaged in providing student
school bus transportation services in the
states of Illinois and Indiana under
contracts with regional and local school
jurisdictions. Beck also provides charter
passenger services to the public.
• CMI is a passenger motor carrier
doing business as Matthews Bus
Company and is primarily engaged in
providing student school bus
transportation services in the state of
Pennsylvania under contracts with
regional and local school jurisdictions.
CMI also provides intrastate charter
passenger services to the public.
• Durham is a passenger motor carrier
primarily engaged in providing student
school bus transportation services in
approximately 32 states under contracts
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with regional and local school
jurisdictions. Durham also provides
charter passenger services to the public.
• MV is a passenger motor carrier
primarily engaged in providing student
school bus transportation services in the
state of Missouri under contracts with
regional and local school jurisdictions.
MV also provides charter passenger
services to the public.
• NETC is an intrastate passenger
motor carrier incorporated under the
laws of the state of Delaware.
• NETSC is a passenger motor carrier
engaged primarily in providing
intrastate transit services in the areas of
Westmoreland, Pa.; Arlington, Va.;
Greensboro, N.C.; Vallejo, Cal.; and
Yuma, Ariz.
• LTD is a passenger motor carrier
primarily engaged in providing student
school bus transportation services in the
state of Ohio under contracts with
regional and local school jurisdictions.
LTD also provides charter passenger
services to the public.
• Northeast is a passenger motor
carrier primarily engaged in providing
student school bus transportation
services, primarily in the states of Ohio
and Pennsylvania under contracts with
regional and local school jurisdictions.
Northeast also provides charter
passenger services to the public.
• Northwest’s principal place of
business is located in Oakland, Cal.
• Southwest is a passenger motor
carrier primarily engaged in providing
student school bus transportation
services in the state of Texas under
contracts with regional and local school
jurisdictions. In addition to its core
school bus services, Southwest also
provides charter passenger services to
the public.
• STSA is a passenger motor carrier
primarily engaged in providing student
school bus transportation services,
primarily in the state of Kansas under
contracts with regional and local school
jurisdictions. STSA also provides
charter passenger services to the public.
• Trans Express provides point-topoint intrastate passenger transportation
services between the boroughs of
Brooklyn and Manhattan in the state of
New York pursuant to authority
provided by the New York Department
of Transportation. Rainbow provides
interstate and intrastate charter and
special party passenger transportation
services in the areas of New York City
and the state of New York.
Applicant states that White Plains is
a New York corporation that holds
authority from the Federal Motor Carrier
Safety Administration as a motor carrier
of passengers (MC–160624). Applicant
explains that the three shareholders of
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White Plains are Stephen Lennox,
Terence Lennox, and John Silvanie.1
Applicant states that White Plains
operates primarily as a provider of nonregulated school bus transportation
services, transporting children to and
from school throughout the State of New
York. White Plains also operates as a
motor passenger carrier providing
charter service to the public using its
fleet of buses and vans. White Plains
maintains a fleet of roughly 264 buses
and transit vans and has approximately
154 drivers.
Applicant explains that National
Express would assume direct 100
percent control of White Plains through
stock ownership.
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. Applicant submitted
information, as required by 49 CFR
1182.2, including information to
demonstrate that the proposed
transaction is consistent with the public
interest under 49 U.S.C. 14303(b), and a
statement that the aggregate gross
operating revenues of the National
Express Affiliated Carriers and White
Plains exceeded $2 million for the
preceding 12-month period. See 49
U.S.C. 14303(g).
Applicant submits that the proposed
transaction would have no significant
impact on the adequacy of
transportation services to the public.
According to Applicant, White Plains
would continue to provide the services
it currently provides using the same
names for the foreseeable future.
Applicant states that White Plains ‘‘will
continue to operate, but going forward,
it will be operating within the National
Express corporate family, an
organization already thoroughly
experienced in passenger transportation
operations.’’ (Appl. 10.)
Applicant states that ‘‘[t]he addition
of [White Plains] to the National Express
group is consistent with the practices
within the passenger motor carrier
industry of strong, well-managed
transportation organizations adapting
their corporate structure to operate
several different passenger carriers
within the same market niche but in
different geographic areas.’’ (Appl. 10.)
1 Stephen Lennox, Terence Lennox, and John
Silvanie also commonly own Suburban Charter
Service Inc., a New York corporation, which is not
part of this transaction.
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Applicant asserts that White Plains is
experienced in some of the same market
segments already served by National
Express and some of the National
Express Affiliated Carriers. Applicant
expects the transaction to result in
operating efficiencies and cost savings
derived from economies of scale, all of
which would help to ensure the
provision of adequate service to the
public.
Applicant also submits that,
‘‘[b]ringing [White Plains] within the
National Express family will serve to
enhance the viability of the overall
National Express organization’’ and
therefore the continued availability of
adequate passenger transportation
service for the public. (Appl. 11.)
Applicant further claims that neither
competition nor the public interest
would be adversely affected. According
to Applicant, White Plains is a relatively
small carrier in the overall markets in
which it competes: intrastate point-topoint passenger service, and interstate
and intrastate charter and special party
passenger service. Applicant states that
school bus operators typically occupy a
limited portion of the charter business
because (i) the equipment offered is not
as comfortable as that offered by motor
coach operators; and (ii) scheduling
demands imposed by the primary
school bus operation impose major
constraints on charter services that can
be offered by school bus operators.
Applicant argues that even as a provider
of charter services, White Plains
operates a small fleet that does not have
market power. It explains that the
charter operations of White Plains are
geographically dispersed and there is
little overlap in service areas and/or in
customer bases between the National
Express Affiliated Carriers and White
Plains.
Applicant asserts there are no fixed
charges associated with the
contemplated transaction or the
proposed acquisition of control.
Applicant also states that it does not
anticipate a measurable reduction in
force or changes in compensation and
benefits, though some limited
downsizing of back office or managerial
level personnel could occur.
The Board finds that the acquisition
proposed in the application 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
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Federal Register / Vol. 80, No. 246 / Wednesday, December 23, 2015 / Notices
expiration of the comment period, this
notice will take effect automatically and
will be the final Board action.
Board decisions and notices are
available on our Web site at
‘‘WWW.STB.DOT.GOV’’.
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 vacated.
3. This notice will be effective
February 9, 2016, unless opposing
comments are filed by February 8, 2016.
4. 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, 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: December 17, 2015.
By the Board, Chairman Elliott, Vice
Chairman Begeman, and Commissioner
Miller.
Tia Delano,
Clearance Clerk.
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. EP 290 (Sub-No. 5) (2016–1)]
Quarterly Rail Cost Adjustment Factor
Surface Transportation Board.
Approval of rail cost adjustment
AGENCY:
factor.
The Board has approved the
first quarter 2016 Rail Cost Adjustment
Factor (RCAF) and cost index filed by
the Association of American Railroads.
The first quarter 2016 RCAF
(Unadjusted) is 0.864. The first quarter
2016 RCAF (Adjusted) is 0.368. The first
quarter 2016 RCAF–5 is 0.347.
DATES: Effective Date: January 1, 2016.
FOR FURTHER INFORMATION CONTACT:
Pedro Ramirez, (202) 245–0333. Federal
Information Relay Service (FIRS) for the
hearing impaired: (800) 877–8339.
SUPPLEMENTARY INFORMATION:
Additional information is contained in
the Board’s decision, which is available
on our Web site, https://www.stb.dot.gov.
Copies of the decision may be
purchased by contacting the Office of
tkelley on DSK3SPTVN1PROD with NOTICES
SUMMARY:
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18:05 Dec 22, 2015
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By the Board, Chairman Elliott, Vice
Chairman Begeman, and Commissioner
Miller.
Decided: December 17, 2015.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2015–32307 Filed 12–22–15; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
Petition for Exemption From the
Federal Motor Vehicle Theft Prevention
Standard; Maserati North America, Inc.
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition for exemption.
AGENCY:
This document grants in full
the Maserati North America, Inc.’s,
(Maserati) petition for an exemption of
the Levante sports utility vehicle (SUV)
line in accordance with 49 CFR part
543, Exemption from Vehicle Theft
Prevention Standard. This petition is
granted because the agency has
determined that the antitheft device to
be placed on the line as standard
equipment is likely to be as effective in
reducing and deterring motor vehicle
theft as compliance with the partsmarking requirements of the 49 CFR
part 541, Federal Motor Vehicle Theft
Prevention Standard (Theft Prevention
Standard).
SUMMARY:
[FR Doc. 2015–32313 Filed 12–22–15; 8:45 am]
ACTION:
Public Assistance, Governmental
Affairs, and Compliance at (202) 245–
0238. Assistance for the hearing
impaired is available through FIRS at
(800) 877–8339.
This action will not significantly
affect either the quality of the human
environment or energy conservation.
The exemption granted by this
notice is effective beginning with the
2017 model year (MY).
FOR FURTHER INFORMATION CONTACT: Ms.
Deborah Mazyck, Office of International
Policy, Fuel Economy and Consumer
Programs, NHTSA, W43–443, 1200 New
Jersey Avenue SE., Washington, DC
20590. Ms. Mazyck’s phone number is
(202) 366–4139. Her fax number is (202)
493–2990.
SUPPLEMENTARY INFORMATION: In a
petition dated October 23, 2015,
Maserati requested an exemption from
the parts-marking requirements of the
Theft Prevention Standard for the
Levante vehicle line beginning with MY
2017. The petition requested an
exemption from parts-marking pursuant
DATES:
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79995
to 49 CFR part 543, Exemption from
Vehicle Theft Prevention Standard,
based on the installation of an antitheft
device as standard equipment for the
entire vehicle line.
Under 49 CFR part 543.5(a), a
manufacturer may petition NHTSA to
grant an exemption for one vehicle line
per model year. In its petition, Maserati
provided a detailed description and
diagram of the identity, design, and
location of the components of the
antitheft device for the Levante vehicle
line. Maserati stated that beginning with
the 2017 model year, its Levante
vehicles will be equipped with a
passive, antitheft device as standard
equipment. Specifically, the device will
consist of a vehicle alarm system (VTA),
a remote keyless entry (RKE) system and
a sentry key immobilizer system (SKIS).
Key components of Maserati’s antitheft
device are a siren and/or horn, hood ajar
switch, security indicator, RFHub/
Keyless Ignition Node (KIN) and Key fob
(FOBIK), Intrusion and Inclination
Sensor, Door Ajar Switches, Intrusion
Module, Central Body Controller, RKE
and the SKIS. Maserati also informed
the agency that an audible and visual
vehicle alarm system (VTA) has been
incorporated into the device to provide
perimeter protection that will monitor
the vehicle’s doors, tailgate, ignition
switch, interior vehicle intrusion and
inclination sensors against unauthorized
use or tampering. Maserati further stated
that if unauthorized use or tampering
with any of these protected areas is
detected, the vehicle’s horn/siren will
sound and the exterior lamps will flash.
Maserati further stated that activation
of its immobilizer device is
automatically achieved when the
ignition is turned from the ‘‘run’’
position to the ‘‘off’’ position. Once
activated, only the use of a valid key can
disable immobilization and allow the
vehicle to run. Maserati stated that the
device is deactivated by performing an
unlock actuation via the RKE
transmitter or by starting the vehicle
with a valid RFHub key. Specifically,
Maserati stated that to start the vehicle,
the driver must press and hold the brake
pedal while pressing the START/STOP
button. The system takes over and
engages the starter causing the starter
motor to run and automatically
disengage while the engine is running.
Maserati also stated that the RFHub
contains and controls the SKIS
preventing the engine from running
more than 2 seconds unless a valid
FOBIK key is used to start the engine.
Maserati stated that the vehicle’s key fob
with RKE transmitter, RFHub and the
KIN contains over 50,000 possible
electronic key combinations and allows
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Agencies
[Federal Register Volume 80, Number 246 (Wednesday, December 23, 2015)]
[Notices]
[Pages 79993-79995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32313]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. MCF 21065]
National Express LLC--Acquisition of Control--White Plains Bus
Company, Inc.
AGENCY: Surface Transportation Board, DOT.
ACTION: Notice Tentatively Approving and Authorizing Finance
Transaction.
-----------------------------------------------------------------------
SUMMARY: On November 23, 2015, National Express LLC (National Express
or Applicant), a non-carrier, filed an application under 49 U.S.C.
14303 so that it can acquire common control of White Plains Bus
Company, Inc. (White Plains). 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 February 8, 2016. Applicant may file a
reply by February 22, 2016. If no comments are filed by February 8,
2016, this notice shall be effective on February 9, 2016.
ADDRESSES: Send an original and 10 copies of any comments referring to
Docket No. MCF 21065 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.
FOR FURTHER INFORMATION CONTACT: Nathaniel Bawcombe (202) 245-0376.
Federal Information Relay Service (FIRS) for the hearing impaired: 1-
800-877-8339.
SUPPLEMENTARY INFORMATION: Applicant, a non-carrier, states that it is
a holding company organized under the laws of the state of Delaware.
According to Applicant, it is indirectly controlled by a British
corporation, National Express Group, PLC (Express Group). Applicant
states that Express Group indirectly controls the following passenger
motor carriers (National Express Affiliated Carriers): Beck Bus
Transportation Corp. (Beck), Carrier Management Corporation (CMI),
Durham School Services, L.P. (Durham), MV Student Transportation, Inc.
(MV), National Express Transit Corporation (NETC), National Express
Transit Services Corporation (NETSC), Petermann Ltd. (LTD), Petermann
Northeast LLC (Northeast), Petermann Northwest LLC (Northwest),
Petermann Southwest LLC (Southwest), Petermann STSA, LLC (STSA), Trans
Express, Inc. (Trans Express), and Rainbow Management Service Inc.
(Rainbow).
Applicant alleges the following facts regarding a number of
interstate and intrastate for-hire passenger motor carrier authorities
collectively held by the National Express Affiliated Carriers:
Beck is a passenger motor carrier primarily engaged in
providing student school bus transportation services in the states of
Illinois and Indiana under contracts with regional and local school
jurisdictions. Beck also provides charter passenger services to the
public.
CMI is a passenger motor carrier doing business as
Matthews Bus Company and is primarily engaged in providing student
school bus transportation services in the state of Pennsylvania under
contracts with regional and local school jurisdictions. CMI also
provides intrastate charter passenger services to the public.
Durham is a passenger motor carrier primarily engaged in
providing student school bus transportation services in approximately
32 states under contracts
[[Page 79994]]
with regional and local school jurisdictions. Durham also provides
charter passenger services to the public.
MV is a passenger motor carrier primarily engaged in
providing student school bus transportation services in the state of
Missouri under contracts with regional and local school jurisdictions.
MV also provides charter passenger services to the public.
NETC is an intrastate passenger motor carrier incorporated
under the laws of the state of Delaware.
NETSC is a passenger motor carrier engaged primarily in
providing intrastate transit services in the areas of Westmoreland,
Pa.; Arlington, Va.; Greensboro, N.C.; Vallejo, Cal.; and Yuma, Ariz.
LTD is a passenger motor carrier primarily engaged in
providing student school bus transportation services in the state of
Ohio under contracts with regional and local school jurisdictions. LTD
also provides charter passenger services to the public.
Northeast is a passenger motor carrier primarily engaged
in providing student school bus transportation services, primarily in
the states of Ohio and Pennsylvania under contracts with regional and
local school jurisdictions. Northeast also provides charter passenger
services to the public.
Northwest's principal place of business is located in
Oakland, Cal.
Southwest is a passenger motor carrier primarily engaged
in providing student school bus transportation services in the state of
Texas under contracts with regional and local school jurisdictions. In
addition to its core school bus services, Southwest also provides
charter passenger services to the public.
STSA is a passenger motor carrier primarily engaged in
providing student school bus transportation services, primarily in the
state of Kansas under contracts with regional and local school
jurisdictions. STSA also provides charter passenger services to the
public.
Trans Express provides point-to-point intrastate passenger
transportation services between the boroughs of Brooklyn and Manhattan
in the state of New York pursuant to authority provided by the New York
Department of Transportation. Rainbow provides interstate and
intrastate charter and special party passenger transportation services
in the areas of New York City and the state of New York.
Applicant states that White Plains is a New York corporation that
holds authority from the Federal Motor Carrier Safety Administration as
a motor carrier of passengers (MC-160624). Applicant explains that the
three shareholders of White Plains are Stephen Lennox, Terence Lennox,
and John Silvanie.\1\
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\1\ Stephen Lennox, Terence Lennox, and John Silvanie also
commonly own Suburban Charter Service Inc., a New York corporation,
which is not part of this transaction.
---------------------------------------------------------------------------
Applicant states that White Plains operates primarily as a provider
of non-regulated school bus transportation services, transporting
children to and from school throughout the State of New York. White
Plains also operates as a motor passenger carrier providing charter
service to the public using its fleet of buses and vans. White Plains
maintains a fleet of roughly 264 buses and transit vans and has
approximately 154 drivers.
Applicant explains that National Express would assume direct 100
percent control of White Plains through stock ownership.
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. Applicant submitted information, as required by 49 CFR
1182.2, including information to demonstrate that the proposed
transaction is consistent with the public interest under 49 U.S.C.
14303(b), and a statement that the aggregate gross operating revenues
of the National Express Affiliated Carriers and White Plains exceeded
$2 million for the preceding 12-month period. See 49 U.S.C. 14303(g).
Applicant submits that the proposed transaction would have no
significant impact on the adequacy of transportation services to the
public. According to Applicant, White Plains would continue to provide
the services it currently provides using the same names for the
foreseeable future. Applicant states that White Plains ``will continue
to operate, but going forward, it will be operating within the National
Express corporate family, an organization already thoroughly
experienced in passenger transportation operations.'' (Appl. 10.)
Applicant states that ``[t]he addition of [White Plains] to the
National Express group is consistent with the practices within the
passenger motor carrier industry of strong, well-managed transportation
organizations adapting their corporate structure to operate several
different passenger carriers within the same market niche but in
different geographic areas.'' (Appl. 10.) Applicant asserts that White
Plains is experienced in some of the same market segments already
served by National Express and some of the National Express Affiliated
Carriers. Applicant expects the transaction to result in operating
efficiencies and cost savings derived from economies of scale, all of
which would help to ensure the provision of adequate service to the
public.
Applicant also submits that, ``[b]ringing [White Plains] within the
National Express family will serve to enhance the viability of the
overall National Express organization'' and therefore the continued
availability of adequate passenger transportation service for the
public. (Appl. 11.)
Applicant further claims that neither competition nor the public
interest would be adversely affected. According to Applicant, White
Plains is a relatively small carrier in the overall markets in which it
competes: intrastate point-to-point passenger service, and interstate
and intrastate charter and special party passenger service. Applicant
states that school bus operators typically occupy a limited portion of
the charter business because (i) the equipment offered is not as
comfortable as that offered by motor coach operators; and (ii)
scheduling demands imposed by the primary school bus operation impose
major constraints on charter services that can be offered by school bus
operators. Applicant argues that even as a provider of charter
services, White Plains operates a small fleet that does not have market
power. It explains that the charter operations of White Plains are
geographically dispersed and there is little overlap in service areas
and/or in customer bases between the National Express Affiliated
Carriers and White Plains.
Applicant asserts there are no fixed charges associated with the
contemplated transaction or the proposed acquisition of control.
Applicant also states that it does not anticipate a measurable
reduction in force or changes in compensation and benefits, though some
limited downsizing of back office or managerial level personnel could
occur.
The Board finds that the acquisition proposed in the application 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
[[Page 79995]]
expiration of the comment period, this notice will take effect
automatically and will be the final Board action.
Board decisions and notices are available on our Web site at
``WWW.STB.DOT.GOV''.
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 vacated.
3. This notice will be effective February 9, 2016, unless opposing
comments are filed by February 8, 2016.
4. 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, 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: December 17, 2015.
By the Board, Chairman Elliott, Vice Chairman Begeman, and
Commissioner Miller.
Tia Delano,
Clearance Clerk.
[FR Doc. 2015-32313 Filed 12-22-15; 8:45 am]
BILLING CODE 4915-01-P