National Express LLC-Acquisition Of Control-New Dawn Transit, Llc, 63850-63852 [2016-22283]

Download as PDF 63850 Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Notices (d) Revision of the Assembly resolutions relating to technical cooperation —Partnerships: (a) Regional presence and coordination (b) Partnership arrangements —Voluntary IMO Member Audit Scheme and IMO Member States Audit Scheme —Capacity building: Strengthening the impact of women in the maritime sector —Global maritime training institutions —Impact Assessment Exercise for the period of 2012–2015 Members of the public may attend this meeting up to the seating capacity of the room. Upon request to the meeting coordinator, members of the public may also participate via teleconference. To facilitate the building security process, and to request reasonable accommodation, those who plan to attend should contact the meeting coordinator, LCDR Tiffany Duffy, by email at imo@uscg.mil, by phone at (202) 372–1376, or in writing at 2703 Martin Luther King Jr. Ave. SE., Stop 7509, Washington, DC 20593–7509 not later than September 29. Requests made after September 29, 2016 might not be able to be accommodated. Please note that due to security considerations, two valid, government issued photo identifications must be presented to gain entrance to the Coast Guard Headquarters Building. The Coast Guard Headquarters Building is accessible by taxi, public transportation, and privately owned conveyance (upon request). Additional information regarding this and other IMO public meetings may be found at: www.uscg.mil/imo. Dated: September 7, 2016. Jonathan W. Burby, Coast Guard Liaison Officer, Office of Ocean and Polar Affairs, Department of State. [FR Doc. 2016–22381 Filed 9–15–16; 8:45 am] BILLING CODE 4710–09–P SURFACE TRANSPORTATION BOARD [Docket No. MCF 21072] National Express LLC—Acquisition Of Control—New Dawn Transit, Llc Surface Transportation Board. Notice tentatively approving and authorizing finance transaction. mstockstill on DSK3G9T082PROD with NOTICES AGENCY: ACTION: On August 17, 2016, National Express LLC (National Express or Applicant), a non-carrier, filed an application under 49 U.S.C. 14303 to acquire control of New Dawn Transit, LLC (New Dawn). The Board is SUMMARY: VerDate Sep<11>2014 17:55 Sep 15, 2016 Jkt 238001 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 & 1182.8. DATES: Comments must be filed by October 31, 2016. Applicant may file a reply by November 15, 2016. If no opposing comments are filed by October 31, 2016, this notice shall be effective on November 1, 2016. ADDRESSES: Send an original and 10 copies of any comments referring to Docket No. MCF 21072 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 that 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); Folmsbee’s Transportation Inc. (Folmsbee); 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); The Provider Enterprises, Inc. (Provider); Rainbow Management Service Inc. (Rainbow); Safeway Training and Transportation Services Inc. (Safeway); Septran, Inc. (Septran); Smith Bus Service, Inc. (Smith); Suburban Paratransit Service, Inc. (Suburban Paratransit); Trans Express, Inc. (Trans Express); and White Plains Bus Company, Inc. (White Plains). Applicant alleges the following facts regarding the National Express Affiliated Carriers held by Express Group: • Beck is a passenger motor carrier primarily engaged in providing student school bus transportation services in the PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 states of Illinois and Indiana under contracts with regional and local school jurisdictions. Beck also provides charter passenger services to the public (MC– 143528). • 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 with regional and local school jurisdictions. Durham also provides charter passenger services to the public (MC–163066). • Folmsbee is a passenger motor carrier primarily engaged in providing unregulated student school bus transportation services in the state of New York under contracts with regional and local school jurisdictions (MC– 818630). • 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 (MC–148934). • NETC is an intrastate passenger motor carrier with its principal place of business in Cincinnati, Ohio. • 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 nonregulated 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 (MC– 364668). • 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 (MC– 723926). • Northwest is a passenger motor carrier primarily engaged in providing non-regulated school bus transportation services under contracts with regional and local school jurisdictions. • Southwest is a passenger motor carrier primarily engaged in providing E:\FR\FM\16SEN1.SGM 16SEN1 mstockstill on DSK3G9T082PROD with NOTICES Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Notices 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 (MC–644996). • 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 (MC–749360). • Provider is a passenger motor carrier doing business as Provider Bus, and is primarily engaged in providing non-regulated school bus transportation services in the state of New Hampshire under contracts with regional and local school jurisdictions. • Rainbow provides interstate and intrastate charter and special party passenger transportation services in the state of New York (MC–490015). • Safeway is a passenger motor carrier primarily engaged in providing non-regulated school bus transportation services in the state of New Hampshire under contracts with regional and local school jurisdictions (MC–522039). • Septran is a passenger motor carrier primarily engaged in providing nonregulated school bus transportation services in the state of Illinois under contracts with regional and local school jurisdictions (MC–795208). • Smith is a passenger motor carrier primarily engaged in providing nonregulated school bus transportation services in the state of Maryland and surrounding areas under contracts with regional and local school jurisdictions. • Suburban Paratransit is a motor carrier providing paratransit services primarily in Westchester County and Bronx, NY. • Trans Express provides interstate and intrastate passenger transportation services in the state of New York (MC– 187819). • White Plains is a passenger motor carrier that operates primarily as a provider of non-regulated school bus transportation services in the State of New York. White Plains also operates as a motor passenger carrier providing charter service to the public (MC– 160624). Applicant states that New Dawn is a New York limited liability company that holds authority from the Federal Motor Carrier Safety Administration as a motor carrier of passengers (MC–932702). Applicant explains that all of the issued and outstanding membership equity interest of New Dawn is owned and held by Indra Fouche, an individual (the VerDate Sep<11>2014 17:55 Sep 15, 2016 Jkt 238001 Seller). Applicant further states that the Seller has no direct or indirect ownership interest in any other interstate passenger motor carrier. According to Applicant, New Dawn operates primarily as a provider of nonregulated school bus transportation services, transporting children to and from school throughout the metropolitan area of New York City. Applicant adds that New Dawn maintains a fleet of 140 buses and has approximately 154 drivers, and that it also operates as a motor passenger carrier providing charter service to the public using its fleet of buses. Applicant explains that National Express would assume direct 100 percent control of New Dawn through the membership 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 New Dawn exceeded $2 million for the preceding 12-month period. See 49 U.S.C. 14303(g).1 Applicant submits that the proposed transaction would have no significant impact on the adequacy of transportation services to the public, as New Dawn would continue to provide the services it currently provides using the same names for the foreseeable future. Applicant states that New Dawn ‘‘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. 12.) Applicant states that ‘‘[t]he addition of [New Dawn] to the carriers held by National Express 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, but in different geographic areas.’’ (Id.) Applicant 1 Applicants with gross operating revenues exceeding $2 million are required to meet the requirements of 49 CFR 1182. PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 63851 asserts that New Dawn is experienced in some of the same market segments already served by 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 further asserts that the acquisition of New Dawn would serve to enhance the viability of the overall National Express organization and the operations of the National Express Affiliated Carriers, which would ensure the continued availability of adequate passenger transportation service for the public. (Id.) Applicant also claims that neither competition nor the public interest would be adversely affected. Applicant states that New Dawn is a relatively small carrier in the overall markets in which it competes: Unregulated metropolitan school bus operations, and provider of charter services. 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. It further explains that the charter services offered by New Dawn are geographically dispersed from those of the National Express Affiliated Carriers, and that there is limited overlap in service areas and/or in customer bases among the National Express Affiliated Carriers and New Dawn. Thus, Applicant states that the impact of the contemplated transaction on the regulated motor carrier industry would be minimal at most and that neither competition nor the public interest would be adversely affected. Applicant asserts that there are no fixed charges associated with the contemplated transaction. Applicant also states that it does not anticipate a measurable reduction in force or changes in compensation levels and/or benefits to employees. Applicant submits, however, that staffing redundancies could potentially result in limited downsizing of back-office or managerial level personnel. 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 E:\FR\FM\16SEN1.SGM 16SEN1 63852 Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Notices 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. This action is categorically excluded from environmental review under 49 CFR 1105.6(c). Board decisions and notices are available on our Web site at WWW.STB.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 November 1, 2016, unless opposing comments are filed by October 31, 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: September 12, 2016. By the Board, Chairman Elliott, Vice Chairman Miller, and Commissioner Begeman. Kenyatta Clay, Clearance Clerk. [FR Doc. 2016–22283 Filed 9–15–16; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Opportunity for Public Comment on Land Use Change From Aeronautical to Non-Aeronautical Use at Hanscom Field in Bedford, MA Federal Aviation Administration (FAA), DOT. ACTION: Request for public comments. AGENCY: generate non-aviation revenue for the airport. As such, MPA is requesting a release to change the property from aeronautical use to non-aeronautical use. It has been determined through study and master planning that the subject parcel will not be needed for future aeronautical purposes. Further, the parcel of land is separated by a road and not contiguous to the airport proper. Full and permanent relief of the surplus property requirements on this parcel will allow the airport to generate long term revenue through lease of the land. All lease revenue will continue to be subject to the FAAs revenue-use policy and dedicated to the maintenance and operation of Hanscom Field. DATES: Comments must be received on or before October 17, 2016. ADDRESSES: You may send comments using any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov, and follow the instructions on providing comments. • Fax: 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: Deliver to mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Interested persons may inspect the request and supporting documents by contacting the FAA at the address listed under FOR FURTHER INFORMATION CONTACT. FOR FURTHER INFORMATION CONTACT: Mr. Jorge E. Panteli, Compliance and Land Use Specialist, Federal Aviation Administration New England Region Airports Division, 1200 District Avenue, Burlington, Massachusetts, Telephone 781–238–7618. Issued in Burlington, Massachusetts, on September 6, 2016. Mary T. Walsh, Manager, Airports Division. [FR Doc. 2016–22137 Filed 9–15–16; 8:45 am] BILLING CODE 4910–13–P Under the provisions of Title 49, U.S.C. 47153(d), notice is being given that the FAA is considering a request from the Massachusetts Port Authority (MPA) in East Boston, MA, to waive the surplus property requirements for approximately 7.1 acres of airport property located at Hanscom Field in Bedford, MA. The subject parcel has been identified for commercial development and MPA will negotiate a long term lease to mstockstill on DSK3G9T082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 21:54 Sep 15, 2016 Jkt 238001 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Sixteenth RTCA SC–209 Working Session and Plenary Session Joint With EUROCAE WG 49, WG 51, and RTCA SC–186 Federal Aviation Administration (FAA), U.S. Department of Transportation (DOT). AGENCY: PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 Sixteenth RTCA SC–209 Working Session and Plenary Session joint with EUROCAE WG 49, WG 51, and RTCA SC–186. ACTION: The FAA is issuing this notice to advise the public of a meeting of Sixteenth RTCA SC–209 Working Session and Plenary Session joint with EUROCAE WG 49, WG 51, and RTCA SC–186. DATES: The meeting will be held October 17–21, 2016, 09:00 a.m.–04:30 p.m. SUMMARY: The meeting will be held at: RTCA Headquarters, 1150 18th Street NW., Suite 910, Washington, DC 20036. FOR FURTHER INFORMATION CONTACT: Al Secen at asecen@rtca.org or 202–330– 0647, or The RTCA Secretariat, 1150 18th Street NW., Suite 910, Washington, DC 20036, or by telephone at (202) 833– 9339, fax at (202) 833–9434, or Web site at http://www.rtca.org. SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92– 463, 5 U.S.C. App.), notice is hereby given for a meeting of the Sixteenth RTCA SC–209 Working Session and Plenary Session joint with EUROCAE WG 49, WG 51, and RTCA SC–186. The agenda will include the following: Monday, October 17th, WG–1 Mode S Transponder MOPS Development Tuesday, October 18th, WG–1 Mode S Transponder MOPS Development Wednesday, October 19th, WG–1 Mode S Transponder MOPS Development Thursday, October 20th, WG–1 Mode S Transponder MOPS Development Friday, October 21st, Plenary Session (9:00 a.m.–Noon) 1. Host and Co-Chairs Welcome, Introductions, and Remarks 2. Review of Meeting Agenda 3. Review and Approval of the Minutes from Meeting #15 of SC– 209 4. WG–1—ATCRBS/Mode S Transponder D Status of MOPS Revisions 5. EUROCAE WG–49—SSR Mode S Transponders D Status of MOPS Revisions D Update on European Activity 6. Other Business 7. Date, Place, and Time of Future Meetings 8. Review of Action Items 9. Adjournment Attendance is open to the interested public but limited to space availability. With the approval of the chairman, members of the public may present oral statements at the meeting. Persons wishing to present statements or obtain information should contact the person ADDRESSES: E:\FR\FM\16SEN1.SGM 16SEN1

Agencies

[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)]
[Notices]
[Pages 63850-63852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22283]


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SURFACE TRANSPORTATION BOARD

[Docket No. MCF 21072]


National Express LLC--Acquisition Of Control--New Dawn Transit, 
Llc

AGENCY: Surface Transportation Board.

ACTION: Notice tentatively approving and authorizing finance 
transaction.

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

SUMMARY: On August 17, 2016, National Express LLC (National Express or 
Applicant), a non-carrier, filed an application under 49 U.S.C. 14303 
to acquire control of New Dawn Transit, LLC (New Dawn). 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 & 1182.8.

DATES: Comments must be filed by October 31, 2016. Applicant may file a 
reply by November 15, 2016. If no opposing comments are filed by 
October 31, 2016, this notice shall be effective on November 1, 2016.

ADDRESSES: Send an original and 10 copies of any comments referring to 
Docket No. MCF 21072 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 
that 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); Folmsbee's Transportation Inc. (Folmsbee); 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); The Provider Enterprises, Inc. (Provider); Rainbow Management 
Service Inc. (Rainbow); Safeway Training and Transportation Services 
Inc. (Safeway); Septran, Inc. (Septran); Smith Bus Service, Inc. 
(Smith); Suburban Paratransit Service, Inc. (Suburban Paratransit); 
Trans Express, Inc. (Trans Express); and White Plains Bus Company, Inc. 
(White Plains).
    Applicant alleges the following facts regarding the National 
Express Affiliated Carriers held by Express Group:
     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 (MC-143528).
     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 with regional and local school jurisdictions. 
Durham also provides charter passenger services to the public (MC-
163066).
     Folmsbee is a passenger motor carrier primarily engaged in 
providing unregulated student school bus transportation services in the 
state of New York under contracts with regional and local school 
jurisdictions (MC-818630).
     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 (MC-148934).
     NETC is an intrastate passenger motor carrier with its 
principal place of business in Cincinnati, Ohio.
     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 non-regulated 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 (MC-364668).
     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 (MC-723926).
     Northwest is a passenger motor carrier primarily engaged 
in providing non-regulated school bus transportation services under 
contracts with regional and local school jurisdictions.
     Southwest is a passenger motor carrier primarily engaged 
in providing

[[Page 63851]]

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 (MC-644996).
     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 (MC-749360).
     Provider is a passenger motor carrier doing business as 
Provider Bus, and is primarily engaged in providing non-regulated 
school bus transportation services in the state of New Hampshire under 
contracts with regional and local school jurisdictions.
     Rainbow provides interstate and intrastate charter and 
special party passenger transportation services in the state of New 
York (MC-490015).
     Safeway is a passenger motor carrier primarily engaged in 
providing non-regulated school bus transportation services in the state 
of New Hampshire under contracts with regional and local school 
jurisdictions (MC-522039).
     Septran is a passenger motor carrier primarily engaged in 
providing non-regulated school bus transportation services in the state 
of Illinois under contracts with regional and local school 
jurisdictions (MC-795208).
     Smith is a passenger motor carrier primarily engaged in 
providing non-regulated school bus transportation services in the state 
of Maryland and surrounding areas under contracts with regional and 
local school jurisdictions.
     Suburban Paratransit is a motor carrier providing 
paratransit services primarily in Westchester County and Bronx, NY.
     Trans Express provides interstate and intrastate passenger 
transportation services in the state of New York (MC-187819).
     White Plains is a passenger motor carrier that operates 
primarily as a provider of non-regulated school bus transportation 
services in the State of New York. White Plains also operates as a 
motor passenger carrier providing charter service to the public (MC-
160624).
    Applicant states that New Dawn is a New York limited liability 
company that holds authority from the Federal Motor Carrier Safety 
Administration as a motor carrier of passengers (MC-932702). Applicant 
explains that all of the issued and outstanding membership equity 
interest of New Dawn is owned and held by Indra Fouche, an individual 
(the Seller). Applicant further states that the Seller has no direct or 
indirect ownership interest in any other interstate passenger motor 
carrier.
    According to Applicant, New Dawn operates primarily as a provider 
of non-regulated school bus transportation services, transporting 
children to and from school throughout the metropolitan area of New 
York City. Applicant adds that New Dawn maintains a fleet of 140 buses 
and has approximately 154 drivers, and that it also operates as a motor 
passenger carrier providing charter service to the public using its 
fleet of buses.
    Applicant explains that National Express would assume direct 100 
percent control of New Dawn through the membership 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 New Dawn exceeded $2 
million for the preceding 12-month period. See 49 U.S.C. 14303(g).\1\
---------------------------------------------------------------------------

    \1\ Applicants with gross operating revenues exceeding $2 
million are required to meet the requirements of 49 CFR 1182.
---------------------------------------------------------------------------

    Applicant submits that the proposed transaction would have no 
significant impact on the adequacy of transportation services to the 
public, as New Dawn would continue to provide the services it currently 
provides using the same names for the foreseeable future. Applicant 
states that New Dawn ``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. 12.)
    Applicant states that ``[t]he addition of [New Dawn] to the 
carriers held by National Express 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, 
but in different geographic areas.'' (Id.) Applicant asserts that New 
Dawn is experienced in some of the same market segments already served 
by 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 further asserts that the acquisition of New Dawn would 
serve to enhance the viability of the overall National Express 
organization and the operations of the National Express Affiliated 
Carriers, which would ensure the continued availability of adequate 
passenger transportation service for the public. (Id.)
    Applicant also claims that neither competition nor the public 
interest would be adversely affected. Applicant states that New Dawn is 
a relatively small carrier in the overall markets in which it competes: 
Unregulated metropolitan school bus operations, and provider of charter 
services. 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. It 
further explains that the charter services offered by New Dawn are 
geographically dispersed from those of the National Express Affiliated 
Carriers, and that there is limited overlap in service areas and/or in 
customer bases among the National Express Affiliated Carriers and New 
Dawn. Thus, Applicant states that the impact of the contemplated 
transaction on the regulated motor carrier industry would be minimal at 
most and that neither competition nor the public interest would be 
adversely affected.
    Applicant asserts that there are no fixed charges associated with 
the contemplated transaction. Applicant also states that it does not 
anticipate a measurable reduction in force or changes in compensation 
levels and/or benefits to employees. Applicant submits, however, that 
staffing redundancies could potentially result in limited downsizing of 
back-office or managerial level personnel.
    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

[[Page 63852]]

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.
    This action is categorically excluded from environmental review 
under 49 CFR 1105.6(c).
    Board decisions and notices are available on our Web site at 
WWW.STB.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 November 1, 2016, unless opposing 
comments are filed by October 31, 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: September 12, 2016.

    By the Board, Chairman Elliott, Vice Chairman Miller, and 
Commissioner Begeman.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2016-22283 Filed 9-15-16; 8:45 am]
BILLING CODE 4915-01-P