Rose Chauffeured Transportation, LTD-Acquisition of Control-My Bus Division of Cherry Consulting of the Carolinas, Inc., 29317-29318 [2016-11131]

Download as PDF 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]


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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