Academy Bus, LLC, and Corporate Coaches, Inc.-Purchase of Certain Assets of Corporate Coaches, Inc., 47849-47850 [2016-17352]

Download as PDF Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Notices DEPARTMENT OF STATE [Public Notice: 9646] 30-Day Notice of Proposed Information Collection: Electronic Diversity Visa Entry Form Notice of request for public comment and submission to OMB of proposed collection of information. ACTION: The Department of State has submitted the information collection described below to the Office of Management and Budget (OMB) for approval. In accordance with the Paperwork Reduction Act of 1995 we are requesting comments on this collection from all interested individuals and organizations. The purpose of this Notice is to allow 30 days for public comment. DATES: Submit comments directly to the Office of Management and Budget (OMB) up to August 22, 2016. ADDRESSES: Direct comments to the Department of State Desk Officer in the Office of Information and Regulatory Affairs at the Office of Management and Budget (OMB). You may submit comments by the following methods: • Email: oira_submission@ omb.eop.gov. You must include the DS form number, information collection title, and the OMB control number in the subject line of your message. • Fax: 202–395–5806. Attention: Desk Officer for Department of State. FOR FURTHER INFORMATION CONTACT: Direct requests for additional information regarding the collection listed in this notice, including requests for copies of the proposed collection instrument and supporting documents, to Andrea Lage, who may be reached at PRA_BurdenComments@state.gov. SUPPLEMENTARY INFORMATION: • Title of Information Collection: Electronic Diversity Visa Entry Form • OMB Control Number: 1405–0153 • Type of Request: Extension of Currently Approved Collection • Originating Office: CA/VO/L/R • Form Number: DS–5501 • Respondents: Diversity Visa Registrants • Estimated Number of Respondents: 11,072,400 • Estimated Number of Responses: 11,072,400 • Average Time Per Response: 30 minutes • Total Estimated Burden Time: 5,536,200 hours • Frequency: Annually • Obligation to Respond: Required to Obtain or Retain a Benefit We are soliciting public comments to permit the Department to: ehiers on DSK5VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 15:19 Jul 21, 2016 Jkt 238001 • Evaluate whether the proposed information collection is necessary for the proper functions of the Department. • Evaluate the accuracy of our estimate of the time and cost burden for this proposed collection, including the validity of the methodology and assumptions used. • Enhance the quality, utility, and clarity of the information to be collected. • Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of information technology. Please note that comments submitted in response to this Notice are public record. Before including any detailed personal information, you should be aware that your comments as submitted, including your personal information, will be available for public review. Abstract of Proposed Collection The Department of State utilizes the Electronic Diversity Visa Lottery (EDV) Entry Form to elicit information necessary to ascertain the applicability of the legal provisions of the diversity immigrant visa program. The 2 primary requirements are: the applicant is from a low admission country and is a high school graduate, or has two years of experience in a job that requires two years of training. The foreign nationals complete the electronic entry forms and then applications are randomly selected for further participation in the program. Department of State regulations pertaining to diversity immigrant visas under the INA are published in 22 CFR 42.33. Methodology The EDV Entry Form is available online at www.dvlottery.state.gov and can only be submitted electronically during the annual registration period. Dated: June 24, 2016. Edward Ramotowski, Deputy Assistant Secretary, Bureau of Consular Affairs, Department of State. [FR Doc. 2016–17399 Filed 7–21–16; 8:45 am] BILLING CODE 4710–06–P SURFACE TRANSPORTATION BOARD [Docket No. MCF 21069] Academy Bus, LLC, and Corporate Coaches, Inc.—Purchase of Certain Assets of Corporate Coaches, Inc. Surface Transportation Board. Notice Tentatively Approving and Authorizing Finance Transaction. AGENCY: ACTION: PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 47849 On June 23, 2016, Academy Bus, LLC (Florida) (Academy), a motor carrier of passengers, and Corporate Coaches, Inc. (Corporate Coaches), also a motor carrier of passengers, jointly filed an application under 49 U.S.C. 14303 for Academy to acquire certain properties of Corporate Coaches. 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 September 6, 2016. The applicants may file a reply by September 20, 2016. If no opposing comments are filed by September 6, 2016, this notice shall be effective on September 7, 2016. ADDRESSES: Send an original and 10 copies of any comments referring to Docket No. MCF 21069 to: Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. In addition, send one copy of comments to Academy’s representatives: Peter A. Pfohl and Bradford J. Kelley, Slover and Loftus, LLP, 1224 Seventeenth Street NW., Washington, DC 20036. FOR FURTHER INFORMATION CONTACT: Nathaniel Bawcombe (202) 245–0376. 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 (MC–646780) and provides charter bus operations in Florida. The applicants state that Academy is owned by Academy Bus (Florida) EST Trust (Academy Trust), a non-carrier controlled by Francis Tedesco, sole trustee. According to the applicants, Franmar Leasing, LLC (Franmar) is a non-carrier controlled by the Tedesco Family ESB Trust (Tedesco Trust), also a non-carrier, exclusively engaged in the ownership and leasing of passenger motor coaches.1 The applicants state that Corporate Coaches, a licensed motor carrier of passengers (MC–539370), presently operates charter motor coach transportation services and black car sedan and limo services primarily in the state of Florida. The SUMMARY: 1 The applicants state that Francis Tedesco and Mark Tedesco are lifetime beneficiaries of the Tedesco Trust, which controls Academy Bus, LLC (New Jersey), a non-carrier and the sole member of three limited liability company passenger motor carriers: Academy Express, LLC, Academy Lines, and Number 22 Hillside, LLC (Academy Companies). However, according to the applicants, none of the Academy Companies are parties to the agreement with Corporate Coaches that is the subject of this application. E:\FR\FM\22JYN1.SGM 22JYN1 47850 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Notices ehiers on DSK5VPTVN1PROD with NOTICES applicants further state that Andy Bardar is the shareholder, President, and Chief Executive Officer of Corporate Coaches. Corporate Coaches proposes to sell all the assets used in its motor coach passenger transportation business pursuant to an Asset Purchase Agreement (APA), dated May 16, 2016. According to the applicants, this transaction is a result of the business determination made by the owners of Corporate Coaches to permanently withdraw from the motor coach transportation business and direct all of its future efforts and activities to the company’s black car sedan and limo services. Under the terms of the APA, the applicants state, Franmar will acquire the motor coach assets of Corporate Coaches, and Academy will acquire Corporate Coaches’ motor coach customer lists, charter contracts, telephone numbers, Web site, charter contract deposits, and related assets and intangibles.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. Academy has submitted information 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 Academy and its motor carrier affiliated companies exceeded $2 million in gross operating revenues for the preceding 12-month period. See 49 U.S.C. 14303(g).3 Academy and Corporate Coaches assert that this acquisition is in the public interest because the transaction will not have a materially detrimental impact on the adequacy of transportation services available to the public. The applicants also assert that the transaction would promote more efficiencies and greater economic use of existing transportation capital resources, and offer the general public continued service options to the customers of Corporate Coaches in need of such 2 The applicants also state that ABC Bus Inc. (ABC), a non-carrier motor coach dealer, shall purchase the remaining motor coaches owned by Corporate Coaches that are not purchased by Franmar. The applicants state that ABC is unaffiliated with the Academy Trust or the Tedesco Trust. 3 Applicants with gross operating revenues exceeding $2 million are required to meet the requirements of 49 CFR 1182. VerDate Sep<11>2014 15:19 Jul 21, 2016 Jkt 238001 service. They also state that the proposed transaction would not result in an increase to fixed charges as the proposed transaction by the carriers is expected to be for cash. In addition, according to the applicants, the proposed transaction would also have no adverse effect on qualified Corporate Coaches employees at the locations from which Corporate Coaches operates because Academy will interview and offer employment opportunities to those employees, a necessity to permit Academy to continue to operate the acquired motor coach assets. Finally, the applicants state that the proposed transaction is unlikely to exert any anticompetitive impact because none of the operable motor vehicles will be scrapped by the seller, and no new buses will need to be purchased by Franmar at this time. Thus, the applicants state that the public would not lose service because the same number of buses would continue to operate. On the basis of the application, the Board finds that the proposed acquisition 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. This action is categorically excluded from environmental review under 49 CFR 1105.6(c). 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 September 7, 2016, unless opposing comments are filed by September 6, 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 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 Counsel, 1200 New Jersey Avenue SE., Washington, DC 20590. Decided: July 15, 2016. By the Board, Chairman Elliott, Vice Chairman Miller, and Commissioner Begeman. Tia Delano, Clearance Clerk. [FR Doc. 2016–17352 Filed 7–21–16; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration [FHWA Docket No. FHWA–2016–0017] Fixing America’s Surface Transportation Act—Designation of Alternative Fuel Corridors Federal Highway Administration (FHWA), Department of Transportation (DOT). ACTION: Notice; solicitation of nominations. AGENCY: Section 1413 of the Fixing America’s Surface Transportation (FAST) Act requires the Secretary of Transportation to designate national electric vehicle (EV) charging, hydrogen, propane, and natural gas fueling corridors. The FHWA is issuing this Federal Register Notice to invite nominations from State and local officials to assist in making such designations. SUMMARY: Submissions must be received on or before August 22, 2016. Late submissions will be considered to the extent practicable. ADDRESSES: You may submit comments identified by the docket number FHWA–2016–0017 by any one of the following methods: Fax: 1–202–493–2251; Mail: U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590; Hand Delivery: U.S. Department of Transportation, Docket Operations, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays; or electronically through the Federal eRulemaking Portal: http:// www.regulations.gov. Follow the online instructions for submitting comments. Instructions: All submissions must include the agency name, docket name and docket number for this notice (FHWA–2016–0017). The DOT posts DATES: E:\FR\FM\22JYN1.SGM 22JYN1

Agencies

[Federal Register Volume 81, Number 141 (Friday, July 22, 2016)]
[Notices]
[Pages 47849-47850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17352]


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SURFACE TRANSPORTATION BOARD

[Docket No. MCF 21069]


Academy Bus, LLC, and Corporate Coaches, Inc.--Purchase of 
Certain Assets of Corporate Coaches, Inc.

AGENCY: Surface Transportation Board.

ACTION: Notice Tentatively Approving and Authorizing Finance 
Transaction.

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

SUMMARY: On June 23, 2016, Academy Bus, LLC (Florida) (Academy), a 
motor carrier of passengers, and Corporate Coaches, Inc. (Corporate 
Coaches), also a motor carrier of passengers, jointly filed an 
application under 49 U.S.C. 14303 for Academy to acquire certain 
properties of Corporate Coaches. 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 September 6, 2016. The applicants may 
file a reply by September 20, 2016. If no opposing comments are filed 
by September 6, 2016, this notice shall be effective on September 7, 
2016.

ADDRESSES: Send an original and 10 copies of any comments referring to 
Docket No. MCF 21069 to: Surface Transportation Board, 395 E Street 
SW., Washington, DC 20423-0001. In addition, send one copy of comments 
to Academy's representatives: Peter A. Pfohl and Bradford J. Kelley, 
Slover and Loftus, LLP, 1224 Seventeenth Street NW., Washington, DC 
20036.

FOR FURTHER INFORMATION CONTACT: Nathaniel Bawcombe (202) 245-0376. 
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 (MC-646780) and provides 
charter bus operations in Florida. The applicants state that Academy is 
owned by Academy Bus (Florida) EST Trust (Academy Trust), a non-carrier 
controlled by Francis Tedesco, sole trustee. According to the 
applicants, Franmar Leasing, LLC (Franmar) is a non-carrier controlled 
by the Tedesco Family ESB Trust (Tedesco Trust), also a non-carrier, 
exclusively engaged in the ownership and leasing of passenger motor 
coaches.\1\ The applicants state that Corporate Coaches, a licensed 
motor carrier of passengers (MC-539370), presently operates charter 
motor coach transportation services and black car sedan and limo 
services primarily in the state of Florida. The

[[Page 47850]]

applicants further state that Andy Bardar is the shareholder, 
President, and Chief Executive Officer of Corporate Coaches.
---------------------------------------------------------------------------

    \1\ The applicants state that Francis Tedesco and Mark Tedesco 
are lifetime beneficiaries of the Tedesco Trust, which controls 
Academy Bus, LLC (New Jersey), a non-carrier and the sole member of 
three limited liability company passenger motor carriers: Academy 
Express, LLC, Academy Lines, and Number 22 Hillside, LLC (Academy 
Companies). However, according to the applicants, none of the 
Academy Companies are parties to the agreement with Corporate 
Coaches that is the subject of this application.
---------------------------------------------------------------------------

    Corporate Coaches proposes to sell all the assets used in its motor 
coach passenger transportation business pursuant to an Asset Purchase 
Agreement (APA), dated May 16, 2016. According to the applicants, this 
transaction is a result of the business determination made by the 
owners of Corporate Coaches to permanently withdraw from the motor 
coach transportation business and direct all of its future efforts and 
activities to the company's black car sedan and limo services. Under 
the terms of the APA, the applicants state, Franmar will acquire the 
motor coach assets of Corporate Coaches, and Academy will acquire 
Corporate Coaches' motor coach customer lists, charter contracts, 
telephone numbers, Web site, charter contract deposits, and related 
assets and intangibles.\2\
---------------------------------------------------------------------------

    \2\ The applicants also state that ABC Bus Inc. (ABC), a non-
carrier motor coach dealer, shall purchase the remaining motor 
coaches owned by Corporate Coaches that are not purchased by 
Franmar. The applicants state that ABC is unaffiliated with the 
Academy Trust or the Tedesco Trust.
---------------------------------------------------------------------------

    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 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 Academy and its motor carrier affiliated companies 
exceeded $2 million in gross operating revenues for the preceding 12-
month period. See 49 U.S.C. 14303(g).\3\
---------------------------------------------------------------------------

    \3\ Applicants with gross operating revenues exceeding $2 
million are required to meet the requirements of 49 CFR 1182.
---------------------------------------------------------------------------

    Academy and Corporate Coaches assert that this acquisition is in 
the public interest because the transaction will not have a materially 
detrimental impact on the adequacy of transportation services available 
to the public. The applicants also assert that the transaction would 
promote more efficiencies and greater economic use of existing 
transportation capital resources, and offer the general public 
continued service options to the customers of Corporate Coaches in need 
of such service. They also state that the proposed transaction would 
not result in an increase to fixed charges as the proposed transaction 
by the carriers is expected to be for cash. In addition, according to 
the applicants, the proposed transaction would also have no adverse 
effect on qualified Corporate Coaches employees at the locations from 
which Corporate Coaches operates because Academy will interview and 
offer employment opportunities to those employees, a necessity to 
permit Academy to continue to operate the acquired motor coach assets. 
Finally, the applicants state that the proposed transaction is unlikely 
to exert any anticompetitive impact because none of the operable motor 
vehicles will be scrapped by the seller, and no new buses will need to 
be purchased by Franmar at this time. Thus, the applicants state that 
the public would not lose service because the same number of buses 
would continue to operate.
    On the basis of the application, the Board finds that the proposed 
acquisition 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.
    This action is categorically excluded from environmental review 
under 49 CFR 1105.6(c).
    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 September 7, 2016, unless opposing 
comments are filed by September 6, 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: July 15, 2016.

    By the Board, Chairman Elliott, Vice Chairman Miller, and 
Commissioner Begeman.

Tia Delano,
Clearance Clerk.
[FR Doc. 2016-17352 Filed 7-21-16; 8:45 am]
 BILLING CODE 4915-01-P