Rose Chauffeured Transportation, LTD-Acquisition of Control-My Bus Division of Cherry Consulting of the Carolinas, Inc., 29317-29318 [2016-11131]
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Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Notices
conditions will be imposed, where
appropriate, in a subsequent decision.
Pursuant to the provisions of 49 CFR
1152.29(e)(2), BNSF shall file a notice of
consummation with the Board to signify
that it has exercised the authority
granted and fully abandoned the line. If
consummation has not been effected by
filing of a notice of consummation by
May 11, 2017, and there are no legal or
regulatory barriers to consummation,
the authority to abandon will
automatically expire.
Board decisions and notices are
available on our Web site at
‘‘WWW.STB.DOT.GOV.’’
Decided: May 6, 2016.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2016–11132 Filed 5–10–16; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. MCF 21066]
Rose Chauffeured Transportation,
LTD—Acquisition of Control—My Bus
Division of Cherry Consulting of the
Carolinas, Inc.
Surface Transportation Board.
Notice tentatively approving
and authorizing finance transaction.
AGENCY:
ACTION:
On April 11, 2016, Rose
Chauffeured Transportation, Ltd. (Rose),
a noncarrier, filed an application under
49 U.S.C. 14303 so that it can obtain
approval for its acquisition of common
control of the MY Bus division of
Cherry Consulting of the Carolinas, Inc.
(Cherry) pursuant to a July 21, 2015,
Asset Purchase Agreement (APA)
between the parties. 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 June
27, 2016. Rose may file a reply by July
11, 2016. If no comments are filed by
June 27, 2016, this notice shall be
effective on June 28, 2016.
ADDRESSES: Send an original and 10
copies of any comments referring to
Docket No. MCF 21066 to: Surface
Transportation Board, 395 E Street SW.,
Washington, DC 20423–0001. In
addition, send one copy of comments to
Rose’s representative: Robert Norris,
mstockstill on DSK3G9T082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:25 May 10, 2016
Jkt 238001
Shumaker, Loop & Kendrick, LLP, 101
S. Treyon Street, Suite 2200, Charlotte,
NC 28280.
FOR FURTHER INFORMATION CONTACT:
Jonathon Binet (202) 245–0368. Federal
Information Relay Service (FIRS) for the
hearing impaired: 1–800–877–8339.
Rose, a
North Carolina corporation, holds
authority from the Federal Motor Carrier
Safety Administration (FMCSA) as a
motor carrier providing chauffeur and
charter bus transportation services to
the public in the states of North
Carolina and South Carolina (MC–
323248). Rose states that it is privately
held and owned and managed by its
president, H.A. Thompson, a resident of
North Carolina. According to Rose, it
created Rose Charters, LLC (RC), a noncarrier holding company, for the
purpose of consummating the
transaction between Rose and Cherry.
Rose states that RC, which is managed
by H.A. Thompson, does not have any
operating assets or interstate motor
carrier authority.
Rose further states that Cherry, a
North Carolina corporation, provides
consultation services related to
interstate and intrastate transportation.
According to Rose, Cherry’s MY Bus
division owned two buses that it used
to provide passenger services to
churches in and around Charlotte, N.C.
Rose states that the MY Bus division
also possessed a Department of Defense
(DOD) identification code, which
allowed it to bid on DOD contracts.
Cherry also holds authority from the
FMCSA as a motor carrier (MC–364041).
Rose states that, since entering into the
APA, Cherry has ceased its activities as
a motor carrier and, thus, does not
compete with Rose.
Rose seeks Board authority for its
acquisition of certain of Cherry’s assets
pursuant to the APA, which, as noted,
was dated July 21, 2015.1 Specifically,
Rose states that it acquired: (1) Two
buses; (2) DOT registration number
822939; (3) FMCSA license MD–364041;
(4) DOD identification code MYAJ; (5)
the ‘‘MY Bus’’ name and all other
common law intellectual property rights
related to MY Bus; (6) the email address
‘‘info@mybusinc.com’’; and (7) the Web
site addresses, domains, telephone
SUPPLEMENTARY INFORMATION:
1 Rose states that, at the time they entered into the
APA, none of the parties were aware of the Board’s
jurisdiction over the transaction. Rose now seeks
retroactive, or nunc pro tunc, approval of the
transaction. The Board will tentatively approve and
authorize the transaction, but only as of the date of
service of this decision, and not retroactively.
Absent any comments, this notice shall be effective
on June 28, 2016.
PO 00000
Frm 00069
Fmt 4703
Sfmt 4703
29317
numbers, and fax numbers related to
MY Bus.
Rose states that the purchase of assets
only does not necessarily trigger Board
jurisdiction, but it argues that the Board
has jurisdiction here given that there is
significant preservation of the identity
of Cherry’s MY Bus division. We agree.
See Cowan Transp., Inc.—Purchase
Exemption—Bowman Int’l Domestic
Transp., Inc., Docket No. MCF 20144 et
al. (ICC served Dec. 30, 1993) (agency
authority exists where there is
preservation of the corporate identity of
the selling carrier coupled with the
agreement that the selling carrier will
cease competitive operations).2
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. Rose 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
Rose and Cherry exceeded $2 million
for the preceding 12-month period. See
49 U.S.C. 14303(g).
Rose submits that the proposed
transaction would have no significant
impact on the adequacy of
transportation services to the public.
Rose states that it will be able to bid on
and perform DOD contracts that Cherry
did not have the resources to handle. In
fact, Rose anticipates improved public
service because Cherry had not bid on
or received any DOD contracts in the
years prior to the transaction, and Rose
has bid on and performed several DOD
contracts since the transaction ‘‘to the
full satisfaction of all parties.’’ (Appl. 7.)
Rose asserts there are no fixed charges
associated with the transaction or the
proposed acquisition of control. Rose
also states that it does not anticipate a
measurable reduction in force or
changes in compensation and benefits,
2 We also note that, according to Rose, Cherry
‘‘operated a largely intrastate point-to-point and
special party passenger service to local
churchgoers,’’ but it also had interstate operations
due to ‘‘its location in Charlotte, North Carolina,
being a few miles away from the South Carolina
border, and the fact that several churchgoers in
Charlotte lived over the state border in South
Carolina.’’ (Appl. 8) See 49 U.S.C. 13501 (the Board
has jurisdiction ‘‘over transportation by motor
carrier and the procurement of that transportation,
to the extent that passengers, property, or both, are
transported by motor carrier . . . between a place
in . . . a State and a place in another State.’’).
E:\FR\FM\11MYN1.SGM
11MYN1
29318
Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Notices
and states that Cherry has not
terminated any employees since the
transaction was agreed upon in July
2015.
The Board finds that the acquisition
described 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
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 June
28, 2016, unless opposing comments are
filed by June 27, 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: May 6, 2016.
By the Board, Chairman Elliott, Vice
Chairman Miller, and Commissioner
Begeman.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2016–11131 Filed 5–10–16; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
mstockstill on DSK3G9T082PROD with NOTICES
Federal Aviation Administration
Notice of Intent To Rule on a Release
Request for a Change in Designation
of On-Airport Surplus Property From
Aeronautical to Non-Aeronautical Use
at the Harrisburg International Airport
(MDT), Middletown, PA
Federal Aviation
Administration (FAA) DOT.
ACTION: Notice release request for a
change in designation of on-airport
AGENCY:
VerDate Sep<11>2014
18:25 May 10, 2016
Jkt 238001
surplus property from aeronautical to
non-aeronautical use.
The Federal Aviation
Administration (FAA) is requesting
public comment on the Susquehanna
Area Regional Airport Authority’s
(SARAA) request to change 11.398 acres
of airport property from aeronautical
use to non-aeronautical use. The acreage
in question is subject to the Provisions
of the Federal Property and
Administrative Services Act of 1949,
and the Surplus Property Act of 1944 as
amended. In accordance with 49 U.S.C.
47151(d), 47153(c), and 47107(h), this
notice is required to be published in the
Federal Register for 30 days before
waiving the condition that such land be
used for aeronautical purposes. The
purpose of the release request is to
enable SARAA to generate revenue from
this property by taking action including,
but not limited to, entering into a longterm lease with Shaner Hotel Holdings
for the purpose of constructing and
operating a four (4) story hotel
consisting of 120 guest rooms, a meeting
center and restaurant.
DATES: Comments must be received on
or before June 10, 2016.
ADDRESSES: Documents are available for
review at the Susquehanna Area
Regional Airport Authority Office
located at the Harrisburg International
Airport.
Timothy Edwards, Executive Director,
Harrisburg International Airport,
Susquehanna Area Regional Airport
Authority, One Terminal Drive, Suite
300, Middletown, PA 17057, 717–
948–3900.
and at the FAA Harrisburg Airports
District Office:
Oscar D. Sanchez, Program Manager,
Harrisburg Airports District Office,
3905 Hartzdale Dr., Suite 508, Camp
Hill, PA 17011, (717) 730–2834.
FOR FURTHER INFORMATION CONTACT:
Oscar D. Sanchez, Program Manager,
Harrisburg Airports District Office
(location listed above). The documents
reflecting the Sponsor’s request are
available, by appointment only, for
inspection at the Harrisburg
International Airport, Executive
Director’s Office.
SUPPLEMENTARY INFORMATION: The
following is a brief overview of the
request:
This action will allow the redesignation of the 11.398 acres as land
available for non-aeronautical use on
the Airport Layout Plan (ALP). The
purpose of the release request is that
SARAA has determined that it is in its
best interest to encourage development
under long-term leases of land not
SUMMARY:
PO 00000
Frm 00070
Fmt 4703
Sfmt 4703
needed for airport development on the
approved ALP to increase airport
revenues. Consistent with this purpose,
this release request will enable SARAA
to enter into a long-term lease agreement
with Shaner Hotel Holdings for the
purpose of constructing and operating a
four (4) story hotel consisting of 120
guest rooms, a meeting center and
restaurant. The hotel will encompass
2.73 acres of the 11.398-acre site. The
remaining acres will be available for
future long-term lease agreements for
commercial retail development. There is
to be no sale or transfer of property
rights in connection with this Airport
Layout Plan change. Proceeds from the
lease of this property will be utilized in
accordance with FAA’s Policy and
Procedures Concerning the Use of
Airport Revenue, published in the
Federal Register on February 16, 1999.
MDT, including the 11.398 acres that
are the subject of this release request,
was the former Olmsted Air Force Base.
On June 20, 1967, under the provisions
of the Federal Property and
Administrative Services Act of 1949,
and the Surplus Property Act of 1944,
as amended, the Air Force ceded
Olmsted Air Force Base to the
Commonwealth of Pennsylvania for the
purpose that it be utilized as an airport.
This land was conveyed to SARAA by
the Commonwealth of Pennsylvania
through its Department of
Transportation by a deed dated 01/02/
1998 and recorded in Dauphin County,
Pennsylvania book 3008, page 425. On
December 8, 2015, the Department of
Defense concurred with the decision to
release the National Emergency Use
Provision on the 11.398 acres.
The 11.398 acres is located on the
landside of the airport in a central area
in close proximity to the parking garage,
terminal building, and long-term
parking within the Terminal Drive loop.
To the north, the area is bordered by
Airport Drive, Amtrak Railroad, and
Route 230. To the south of the area lies
the snow removal equipment building
and a passenger cell phone lot. West of
the area is a paved employee parking
lot. The parcel is further identified as
Dauphin County identification Parcel
36–024–001. The property is currently
depicted on the approved ALP on
record as airport property and consists
of asphalt pavement that is currently
used as a nonrevenue producing
employee vehicle parking lot. MDT has
sufficient parking space available to
replace the employee parking lot. This
parcel is not needed for future
aeronautical development as shown on
the airport’s ALP.
Any person may inspect the request
by appointment at the FAA office
E:\FR\FM\11MYN1.SGM
11MYN1
]]>Agencies
[Federal Register Volume 81, Number 91 (Wednesday, May 11, 2016)]
[Notices]
[Pages 29317-29318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11131]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. MCF 21066]
Rose Chauffeured Transportation, LTD--Acquisition of Control--My
Bus Division of Cherry Consulting of the Carolinas, Inc.
AGENCY: Surface Transportation Board.
ACTION: Notice tentatively approving and authorizing finance
transaction.
-----------------------------------------------------------------------
SUMMARY: On April 11, 2016, Rose Chauffeured Transportation, Ltd.
(Rose), a noncarrier, filed an application under 49 U.S.C. 14303 so
that it can obtain approval for its acquisition of common control of
the MY Bus division of Cherry Consulting of the Carolinas, Inc.
(Cherry) pursuant to a July 21, 2015, Asset Purchase Agreement (APA)
between the parties. 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 June 27, 2016. Rose may file a reply
by July 11, 2016. If no comments are filed by June 27, 2016, this
notice shall be effective on June 28, 2016.
ADDRESSES: Send an original and 10 copies of any comments referring to
Docket No. MCF 21066 to: Surface Transportation Board, 395 E Street
SW., Washington, DC 20423-0001. In addition, send one copy of comments
to Rose's representative: Robert Norris, Shumaker, Loop & Kendrick,
LLP, 101 S. Treyon Street, Suite 2200, Charlotte, NC 28280.
FOR FURTHER INFORMATION CONTACT: Jonathon Binet (202) 245-0368. Federal
Information Relay Service (FIRS) for the hearing impaired: 1-800-877-
8339.
SUPPLEMENTARY INFORMATION: Rose, a North Carolina corporation, holds
authority from the Federal Motor Carrier Safety Administration (FMCSA)
as a motor carrier providing chauffeur and charter bus transportation
services to the public in the states of North Carolina and South
Carolina (MC-323248). Rose states that it is privately held and owned
and managed by its president, H.A. Thompson, a resident of North
Carolina. According to Rose, it created Rose Charters, LLC (RC), a non-
carrier holding company, for the purpose of consummating the
transaction between Rose and Cherry. Rose states that RC, which is
managed by H.A. Thompson, does not have any operating assets or
interstate motor carrier authority.
Rose further states that Cherry, a North Carolina corporation,
provides consultation services related to interstate and intrastate
transportation. According to Rose, Cherry's MY Bus division owned two
buses that it used to provide passenger services to churches in and
around Charlotte, N.C. Rose states that the MY Bus division also
possessed a Department of Defense (DOD) identification code, which
allowed it to bid on DOD contracts. Cherry also holds authority from
the FMCSA as a motor carrier (MC-364041). Rose states that, since
entering into the APA, Cherry has ceased its activities as a motor
carrier and, thus, does not compete with Rose.
Rose seeks Board authority for its acquisition of certain of
Cherry's assets pursuant to the APA, which, as noted, was dated July
21, 2015.\1\ Specifically, Rose states that it acquired: (1) Two buses;
(2) DOT registration number 822939; (3) FMCSA license MD-364041; (4)
DOD identification code MYAJ; (5) the ``MY Bus'' name and all other
common law intellectual property rights related to MY Bus; (6) the
email address ``info@mybusinc.com''; and (7) the Web site addresses,
domains, telephone numbers, and fax numbers related to MY Bus.
---------------------------------------------------------------------------
\1\ Rose states that, at the time they entered into the APA,
none of the parties were aware of the Board's jurisdiction over the
transaction. Rose now seeks retroactive, or nunc pro tunc, approval
of the transaction. The Board will tentatively approve and authorize
the transaction, but only as of the date of service of this
decision, and not retroactively. Absent any comments, this notice
shall be effective on June 28, 2016.
---------------------------------------------------------------------------
Rose states that the purchase of assets only does not necessarily
trigger Board jurisdiction, but it argues that the Board has
jurisdiction here given that there is significant preservation of the
identity of Cherry's MY Bus division. We agree. See Cowan Transp.,
Inc.--Purchase Exemption--Bowman Int'l Domestic Transp., Inc., Docket
No. MCF 20144 et al. (ICC served Dec. 30, 1993) (agency authority
exists where there is preservation of the corporate identity of the
selling carrier coupled with the agreement that the selling carrier
will cease competitive operations).\2\
---------------------------------------------------------------------------
\2\ We also note that, according to Rose, Cherry ``operated a
largely intrastate point-to-point and special party passenger
service to local churchgoers,'' but it also had interstate
operations due to ``its location in Charlotte, North Carolina, being
a few miles away from the South Carolina border, and the fact that
several churchgoers in Charlotte lived over the state border in
South Carolina.'' (Appl. 8) See 49 U.S.C. 13501 (the Board has
jurisdiction ``over transportation by motor carrier and the
procurement of that transportation, to the extent that passengers,
property, or both, are transported by motor carrier . . . between a
place in . . . a State and a place in another State.'').
---------------------------------------------------------------------------
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. Rose 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 Rose and
Cherry exceeded $2 million for the preceding 12-month period. See 49
U.S.C. 14303(g).
Rose submits that the proposed transaction would have no
significant impact on the adequacy of transportation services to the
public. Rose states that it will be able to bid on and perform DOD
contracts that Cherry did not have the resources to handle. In fact,
Rose anticipates improved public service because Cherry had not bid on
or received any DOD contracts in the years prior to the transaction,
and Rose has bid on and performed several DOD contracts since the
transaction ``to the full satisfaction of all parties.'' (Appl. 7.)
Rose asserts there are no fixed charges associated with the
transaction or the proposed acquisition of control. Rose also states
that it does not anticipate a measurable reduction in force or changes
in compensation and benefits,
[[Page 29318]]
and states that Cherry has not terminated any employees since the
transaction was agreed upon in July 2015.
The Board finds that the acquisition described 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 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 June 28, 2016, unless opposing
comments are filed by June 27, 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: May 6, 2016.
By the Board, Chairman Elliott, Vice Chairman Miller, and
Commissioner Begeman.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2016-11131 Filed 5-10-16; 8:45 am]
BILLING CODE 4915-01-P
