AAAHI Acquisition Corporation-Acquisition of Control-All Aboard America! Holdings, Inc., Ace Express Coaches, LLC, All Aboard America! School Transportation, LLC, All Aboard Transit Services, LLC, Hotard Coaches, Inc., Industrial Bus Lines, Inc. d/b/a All Aboard America, and Sureride Charter Inc. d/b/a Sundiego Charter Co., 75181-75183 [2016-26103]

Download as PDF Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Notices without notice, except in certain limited cases. 4. Any DSC imposed on a Series’ Units will comply with the requirements of subparagraphs (1), (2) and (3) of rule 6c–10(a) under the Act. 5. Each Series offering Units subject to a DSC will include in its prospectus the disclosure required by Form N–1A relating to deferred sales charges (modified as appropriate to reflect the differences between UITs and open-end management investment companies) and a schedule setting forth the number and date of each Installment Payment. B. Net Worth Requirement Applicants will comply in all respects with the requirements of rule 14a–3 under the Act, except that the Structured Series will not restrict their portfolio investments to ‘‘eligible trust securities.’’ For the Commission, by the Division of Investment Management, under delegated authority. Robert W. Errett, Deputy Secretary. determined, is in the national interest. I have ordered that Public Notice of these Determinations be published in the Federal Register. FOR FURTHER INFORMATION CONTACT: For further information, including an imported object list, contact the Office of Public Diplomacy and Public Affairs in the Office of the Legal Adviser, U.S. Department of State (telephone: 202– 632–6471; email: section2459@ state.gov). The mailing address is U.S. Department of State, L/PD, SA–5, Suite 5H03, Washington, DC 20522–0505. Dated: October 24, 2016. Mark Taplin, Principal Deputy Assistant Secretary, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. 2016–26095 Filed 10–27–16; 8:45 am] BILLING CODE 4710–05–P DEPARTMENT OF STATE [Public Notice 9776] Culturally Significant Objects Imported for Exhibition Determinations: ‘‘Picasso and Rivera: Conversations Across Time’’ Exhibition [FR Doc. 2016–26055 Filed 10–27–16; 8:45 am] BILLING CODE 8011–01–P Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), E.O. 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236–3 of August 28, 2000 (and, as appropriate, Delegation of Authority No. 257 of April 15, 2003), I hereby determine that the objects to be included in the exhibition ‘‘Picasso and Rivera: Conversations Across Time,’’ imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at the Los Angeles County Museum of Art, Los Angeles, California, from on or about December 4, 2016, until on or about April 30, 2017, and at possible additional exhibitions or venues yet to be determined, is in the national interest. I have ordered that Public Notice of these Determinations be published in the Federal Register. FOR FURTHER INFORMATION CONTACT: For further information, including a list of the imported objects, contact the Office of Public Diplomacy and Public Affairs in the Office of the Legal Adviser, U.S. SUMMARY: DEPARTMENT OF STATE [Public Notice: 9775] Culturally Significant Object Imported for Exhibition Determinations: ‘‘Archaic Bronze Globular Jug With Figured Handle’’ Exhibition Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), E.O. 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236–3 of August 28, 2000 (and, as appropriate, Delegation of Authority No. 257 of April 15, 2003), I hereby determine that the object to be included in the exhibition ‘‘Archaic Bronze Globular Jug with Figured Handle,’’ imported from abroad for temporary exhibition within the United States, is of cultural significance. The object is imported pursuant to a loan agreement with the foreign owner or custodian. I also determine that the exhibition or display of the exhibit object at The Metropolitan Museum of Art, New York, New York, from on or about December 1, 2016, until on or about November 30, 2025, and at possible additional exhibitions or venues yet to be mstockstill on DSK3G9T082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:12 Oct 27, 2016 Jkt 241001 PO 00000 Frm 00156 Fmt 4703 Sfmt 4703 75181 Department of State (telephone: 202– 632–6471; email: section2459@ state.gov). The mailing address is U.S. Department of State, L/PD, SA–5, Suite 5H03, Washington, DC 20522–0505. Dated: October 24, 2016. Mark Taplin, Principal Deputy Assistant Secretary, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. 2016–26097 Filed 10–27–16; 8:45 am] BILLING CODE 4710–05–P SURFACE TRANSPORTATION BOARD [Docket No. MCF 21071] AAAHI Acquisition Corporation— Acquisition of Control—All Aboard America! Holdings, Inc., Ace Express Coaches, LLC, All Aboard America! School Transportation, LLC, All Aboard Transit Services, LLC, Hotard Coaches, Inc., Industrial Bus Lines, Inc. d/b/a All Aboard America, and Sureride Charter Inc. d/b/a Sundiego Charter Co. Surface Transportation Board. Notice tentatively approving and authorizing finance transaction. AGENCY: ACTION: On September 29, 2016, AAAHI Acquisition Corporation (AAC), a noncarrier, filed an application under 49 U.S.C. 14303 for AAC to acquire All Aboard America! Holdings, Inc. (AAAHI), a noncarrier holding company that wholly owns passenger motor carriers Hotard Coaches, Inc. (Hotard), Industrial Bus Lines, Inc. d/b/a All Aboard America (Industrial), Sureride Charter Inc. d/b/a Sundiego Charter Co. (Sundiego), Ace Express Coaches, LLC (Ace Express), All Aboard Transit Services, LLC (AATS), and All Aboard America! School Transportation, LLC (AAAST) (collectively Acquisition Carriers). 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 December 12, 2016. The applicant may file a reply by December 27, 2016. If no opposing comments are filed by December 12, 2016, this notice shall be effective December 13, 2016. ADDRESSES: Send an original and 10 copies of any comments referring to Docket No. MCF 21071 to: Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. In addition, send one copy of comments to SUMMARY: E:\FR\FM\28OCN1.SGM 28OCN1 mstockstill on DSK3G9T082PROD with NOTICES 75182 Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Notices AAC’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: Amy Ziehm (202) 245–0391. Federal Information Relay Service (FIRS) for the hearing impaired: 1–800–877–8339. SUPPLEMENTARY INFORMATION: AAC states that it is a noncarrier Delaware corporation that is wholly owned by AAAHI Intermediate Holdings LLC, which is wholly owned by AAAHI Topco Corporation, which is in turn wholly owned by AAAHI Holdings LLC. According to AAC, the majority owner of AAAHI Holdings LLC is TensileAAAHI Holdings LLC, and the majority holder of Tensile-AAAHI Holdings LLC is Tensile Capital Partners Master Fund LP. AAC states that Tensile Capital Partners LP owns 89.6% of Tensile Capital Partners Master Fund LP. AAC further states that AAC and the abovenamed entities in its ownership chain (Ownership Entities) do not possess motor carrier authority, do not have USDOT Numbers or Safety Ratings, and do not have any direct or indirect ownership interest in any interstate or intrastate passenger motor carriers. AAC states that each of the Acquisition Carriers is a direct wholly owned subsidiary of AAAHI, and AAAHI’s plurality shareholder is Celerity AHI Holdings SPV, LLC (Celerity Holdings). According to AAC, Celerity Holdings is a consortium of corporate and institutional investors along with Celerity Partners IV, LLC, a private equity firm that also acts as the managing member of Celerity Holdings. AAC states that other capital providers (including Gemini Investors V, L.P., a private equity firm) do not participate in Celerity Holdings but do hold minority interests in AAAHI directly. None of AAAHI’s investors currently hold a controlling interest in any regulated bus transportation provider other than the Acquisition Carriers. According to AAC, the Acquisition Carriers exercise substantial independence in running their diverse operations. AAC provides a description of each of the Acquisition Carriers, as summarized below: • Hotard is a Louisiana corporation that provides local and regional charter services within Louisiana and Mississippi, and to and from various points in the continental United States. It holds common carrier operating authority from the Federal Motor Carrier Safety Administration (FMCSA) as a motor carrier of passengers (MC– 143881). Hotard operates a fleet of 240 vehicles, of which 79 are full-sized VerDate Sep<11>2014 18:12 Oct 27, 2016 Jkt 241001 motor coaches and the remainder are mid-sized buses, minibuses, and school buses. The school buses are mainly used for employee shuttle services under contract with large employers, operating interstate between Texas and Louisiana and intrastate within Louisiana. • Industrial is a New Mexico corporation that provides local and regional charter services in Arizona, New Mexico, and Texas. Industrial holds common carrier operating authority from FMCSA as a motor carrier of passengers (MC–133171). Its fleet consists of 80 full-sized motor coaches and 10 minibuses. • Sundiego is a California corporation that operates a fleet of 72 full-sized motor coaches and 8 minibuses. It holds common carrier operating authority from FMCSA as a motor carrier of passengers (MC–324772). Sundiego provides local and regional charter, tour, and contract shuttles services from its base in National City, Cal., and from satellite locations in San Marcos and Anaheim, Cal. • Ace Express is a Delaware limited liability company with its principal place of business in Golden, Colo. Ace Express operates charter, contract, and casino services. It holds common carrier operating authority from FMCSA as a motor carrier of passengers (MC– 908184). Ace Express provides charter services with its fleet of 57 motor coaches and 17 minibuses. Other services are provided on a contract basis for corporate and municipal clients. • AATS is a Delaware limited liability company with its principal place of business in Commerce City, Colo. It provides paratransit services under a contract with Denver Rapid Transit District (RTD). AATS operates 80 paratransit vehicles that are provided by RTD. AATS provides the drivers, maintenance of vehicles, and supervision of employees involved in the paratransit service. AATS does not conduct interstate passenger operations and thus does not hold passenger carrier operating authority from FMCSA. AATS does not possess Colorado intrastate passenger carrier authority, as its operations are exempt from the need for such authority. See Colo. Rev. Stat. 40– 10.1–105(e) (2011). • AAAST is a Texas limited liability company that provides transportation for school children under contract with a number of school districts in Texas. The school districts typically provide the school buses and AAAST provides the drivers, maintenance of vehicles, and supervisions of employees. AAAST currently operates 72 buses for five school districts. AAAST does not conduct interstate passenger operations PO 00000 Frm 00157 Fmt 4703 Sfmt 4703 and thus does not hold passenger carrier operating authority from FMCSA. AAAST does not possess Texas intrastate passenger carrier authority, as all of the school bus operations in which AAAST participates are exempt from state regulation. See Tex. Transp. Code Ann. 643.002(4), (6) (West 2007). AAC explains that under the proposed transaction, AAC would acquire the ownership interest of AAAHI, the effect of which would be to place the Acquisition Carriers under the control of AAC. AAC states that it will assume indirect 100% control of the Acquisition Carriers. 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. AAC has submitted the 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 the gross operating revenues of AAC and its motor carrier affiliated companies exceeded $2 million for the preceding 12-month period. See 49 U.S.C. 14303(g).1 AAC asserts that this acquisition is in the public interest. AAC states that services currently provided by the Acquisition Carriers would continue to be provided under the same names currently used to provide such services. AAC further explains that it anticipates that services to the public would be improved, because the Acquisition Carriers would continue to operate, but in the future they would operate as part of the AAC corporate family. Under this new ownership, AAC states that it intends to use its business and financial management skills, as well as its capital, to increase the efficiencies and enhance the viability of the Acquisition Carriers, thereby ensuring the continued availability of adequate passenger transportation service for the public. AAC states that there are no fixed charges associated with the proposed transaction or the proposed acquisition of control. In addition, according to AAC, the proposed transaction would have no material impact on employees or labor conditions, as AAC intends to continue the existing operations of the Acquisition Carriers and does not 1 Applicants with gross operating revenues exceeding $2 million are required to meet the requirements of 49 CFR 1182. E:\FR\FM\28OCN1.SGM 28OCN1 mstockstill on DSK3G9T082PROD with NOTICES Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Notices anticipate a measurable reduction in force or changes in compensation levels or benefits. AAC also claims that neither competition nor the public interest would be adversely affected, as the proposed transaction involves merely a transfer of one holding company to another holding company. AAC states that, because it does not currently have any ownership interest in any passenger motor carrier, there would be no net gain in market power with respect to the Acquisition Carriers under the proposed transaction. Furthermore, AAC states that the bus operations of the Acquisition Carriers are geographically dispersed and there is little or no overlap in service areas or in customer base. Thus, AAC states that the impact of the proposed transaction on the regulated motor carrier industry would be minimal and that neither competition nor the public interest would be adversely affected. 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. 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 as having been vacated. 3. This notice will be effective December 13, 2016, unless opposing comments are filed by December 12, 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 VerDate Sep<11>2014 18:12 Oct 27, 2016 Jkt 241001 Counsel, 1200 New Jersey Avenue SE., Washington, DC 20590. Decided: October 25, 2016. By the Board, Chairman Elliott, Vice Chairman Miller, and Commissioner Begeman. Marline Simeon, Clearance Clerk. [FR Doc. 2016–26103 Filed 10–27–16; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration DEPARTMENT OF INTERIOR National Park Service List of Units of the National Park System Exempt From the Provisions of the National Parks Air Tour Management Act Federal Aviation Administration, Transportation; National Park Service, Interior. ACTION: List of exempt parks. AGENCY: The National Parks Air Tour Management Act (NPATMA) requires the Federal Aviation Administration (FAA) and National Park Service (NPS) to develop an air tour management plan for units of the national park system where an operator has applied for authority to conduct commercial air tours. The FAA Modernization and Reform Act of 2012 amended various provisions of NPATMA. One provision exempted national park units with 50 or fewer annual flights from the requirement to prepare an air tour management plan or voluntary agreement and requires FAA and NPS to jointly publish a list of exempt parks. By Federal Register notice (See 77 FR 75254, December 19, 2012), FAA and NPS published an initial list of exempt parks in 2012 and another list in 2014 (See 79 FR 14569–14570, March 14, 2014). This notice provides the annual updated list of parks that are exempt for calendar years 2014 and 2015. FOR FURTHER INFORMATION CONTACT: Keith Lusk—Mailing address: Federal Aviation Administration, P.O. Box 92007, Los Angeles, California 90009– 2007. Telephone: (310) 725–3808. Email address: Keith.Lusk@faa.gov. Vicki Ward—Mailing address: Natural Sounds and Night Skies Division, National Park Service, 1201 Oakridge Drive, Suite 100–31, Fort Collins, CO 80525. Telephone: (970) 267–2117. Email address: Vicki_Ward@nps.gov. SUPPLEMENTARY INFORMATION: SUMMARY: PO 00000 Frm 00158 Fmt 4703 Sfmt 4703 75183 I. Authority 1. NPATMA (Pub. L. 106–181, codified at 49 U.S.C. 40128) requires the FAA and NPS to develop an air tour management plan for units of the national park system where an operator has requested authority to provide commercial air tours. The FAA Modernization and Reform Act of 2012 (2012 Act) amended various provisions of NPATMA. 2. This Federal Register Notice addresses the following 2012 Act amendment provisions (which are codified at 49 U.S.C. 40128(a)(5)): a. Exempt national park units that have 50 or fewer commercial air tour operations each year from the requirement to prepare an air tour management plan or voluntary agreement. b. Authorize NPS to withdraw the exemption if the Director determines that an air tour management plan or voluntary agreement is necessary to protect resources and values or visitor use and enjoyment. c. Require FAA and NPS to publish a list each year of national parks covered by the exemption. II. List of Exempt Parks 2014 1. This list is based on the number of commercial air tour operations reported to the FAA and NPS by air tour operators conducting air tours under interim operating authority at national park units in calendar year 2014 for which the total operations was 50 or fewer. Parks on the exempt list are those that have at least one operator who has been granted operating authority to conduct commercial air tours over that park. Exempt parks are as follows: Acadia National Park, ME Big Bend National Park, TX Black Canyon of the Gunnison National Park, CO Capitol Reef National Park, UT Capulin Volcano National Monument, NM Carlsbad Caverns National Park, NM Casa Grande Ruins National Monument, AZ Cedar Breaks National Monument, UT Colonial National Historical Park, VA Colorado National Monument, CO Coronado National Memorial, AZ Devils Tower National Monument, WY Dinosaur National Monument, UT/CO Dry Tortugas National Park, FL El Malpais National Monument, NM El Morro National Monument, NM Fort Bowie National Historic Site, AZ Fort Davis National Historic Site, TX Fort Union National Monument, NM Gila Cliff Dwellings National Monument, NM E:\FR\FM\28OCN1.SGM 28OCN1

Agencies

[Federal Register Volume 81, Number 209 (Friday, October 28, 2016)]
[Notices]
[Pages 75181-75183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26103]


=======================================================================
-----------------------------------------------------------------------

SURFACE TRANSPORTATION BOARD

[Docket No. MCF 21071]


AAAHI Acquisition Corporation--Acquisition of Control--All Aboard 
America! Holdings, Inc., Ace Express Coaches, LLC, All Aboard America! 
School Transportation, LLC, All Aboard Transit Services, LLC, Hotard 
Coaches, Inc., Industrial Bus Lines, Inc. d/b/a All Aboard America, and 
Sureride Charter Inc. d/b/a Sundiego Charter Co.

AGENCY: Surface Transportation Board.

ACTION: Notice tentatively approving and authorizing finance 
transaction.

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

SUMMARY: On September 29, 2016, AAAHI Acquisition Corporation (AAC), a 
noncarrier, filed an application under 49 U.S.C. 14303 for AAC to 
acquire All Aboard America! Holdings, Inc. (AAAHI), a noncarrier 
holding company that wholly owns passenger motor carriers Hotard 
Coaches, Inc. (Hotard), Industrial Bus Lines, Inc. d/b/a All Aboard 
America (Industrial), Sureride Charter Inc. d/b/a Sundiego Charter Co. 
(Sundiego), Ace Express Coaches, LLC (Ace Express), All Aboard Transit 
Services, LLC (AATS), and All Aboard America! School Transportation, 
LLC (AAAST) (collectively Acquisition Carriers). 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 December 12, 2016. The applicant may 
file a reply by December 27, 2016. If no opposing comments are filed by 
December 12, 2016, this notice shall be effective December 13, 2016.

ADDRESSES: Send an original and 10 copies of any comments referring to 
Docket No. MCF 21071 to: Surface Transportation Board, 395 E Street 
SW., Washington, DC 20423-0001. In addition, send one copy of comments 
to

[[Page 75182]]

AAC'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: Amy Ziehm (202) 245-0391. Federal 
Information Relay Service (FIRS) for the hearing impaired: 1-800-877-
8339.

SUPPLEMENTARY INFORMATION: AAC states that it is a noncarrier Delaware 
corporation that is wholly owned by AAAHI Intermediate Holdings LLC, 
which is wholly owned by AAAHI Topco Corporation, which is in turn 
wholly owned by AAAHI Holdings LLC. According to AAC, the majority 
owner of AAAHI Holdings LLC is Tensile-AAAHI Holdings LLC, and the 
majority holder of Tensile-AAAHI Holdings LLC is Tensile Capital 
Partners Master Fund LP. AAC states that Tensile Capital Partners LP 
owns 89.6% of Tensile Capital Partners Master Fund LP. AAC further 
states that AAC and the above-named entities in its ownership chain 
(Ownership Entities) do not possess motor carrier authority, do not 
have USDOT Numbers or Safety Ratings, and do not have any direct or 
indirect ownership interest in any interstate or intrastate passenger 
motor carriers.
    AAC states that each of the Acquisition Carriers is a direct wholly 
owned subsidiary of AAAHI, and AAAHI's plurality shareholder is 
Celerity AHI Holdings SPV, LLC (Celerity Holdings). According to AAC, 
Celerity Holdings is a consortium of corporate and institutional 
investors along with Celerity Partners IV, LLC, a private equity firm 
that also acts as the managing member of Celerity Holdings. AAC states 
that other capital providers (including Gemini Investors V, L.P., a 
private equity firm) do not participate in Celerity Holdings but do 
hold minority interests in AAAHI directly. None of AAAHI's investors 
currently hold a controlling interest in any regulated bus 
transportation provider other than the Acquisition Carriers. According 
to AAC, the Acquisition Carriers exercise substantial independence in 
running their diverse operations.
    AAC provides a description of each of the Acquisition Carriers, as 
summarized below:
     Hotard is a Louisiana corporation that provides local and 
regional charter services within Louisiana and Mississippi, and to and 
from various points in the continental United States. It holds common 
carrier operating authority from the Federal Motor Carrier Safety 
Administration (FMCSA) as a motor carrier of passengers (MC-143881). 
Hotard operates a fleet of 240 vehicles, of which 79 are full-sized 
motor coaches and the remainder are mid-sized buses, minibuses, and 
school buses. The school buses are mainly used for employee shuttle 
services under contract with large employers, operating interstate 
between Texas and Louisiana and intrastate within Louisiana.
     Industrial is a New Mexico corporation that provides local 
and regional charter services in Arizona, New Mexico, and Texas. 
Industrial holds common carrier operating authority from FMCSA as a 
motor carrier of passengers (MC-133171). Its fleet consists of 80 full-
sized motor coaches and 10 minibuses.
     Sundiego is a California corporation that operates a fleet 
of 72 full-sized motor coaches and 8 minibuses. It holds common carrier 
operating authority from FMCSA as a motor carrier of passengers (MC-
324772). Sundiego provides local and regional charter, tour, and 
contract shuttles services from its base in National City, Cal., and 
from satellite locations in San Marcos and Anaheim, Cal.
     Ace Express is a Delaware limited liability company with 
its principal place of business in Golden, Colo. Ace Express operates 
charter, contract, and casino services. It holds common carrier 
operating authority from FMCSA as a motor carrier of passengers (MC-
908184). Ace Express provides charter services with its fleet of 57 
motor coaches and 17 minibuses. Other services are provided on a 
contract basis for corporate and municipal clients.
     AATS is a Delaware limited liability company with its 
principal place of business in Commerce City, Colo. It provides 
paratransit services under a contract with Denver Rapid Transit 
District (RTD). AATS operates 80 paratransit vehicles that are provided 
by RTD. AATS provides the drivers, maintenance of vehicles, and 
supervision of employees involved in the paratransit service. AATS does 
not conduct interstate passenger operations and thus does not hold 
passenger carrier operating authority from FMCSA. AATS does not possess 
Colorado intrastate passenger carrier authority, as its operations are 
exempt from the need for such authority. See Colo. Rev. Stat. 40-10.1-
105(e) (2011).
     AAAST is a Texas limited liability company that provides 
transportation for school children under contract with a number of 
school districts in Texas. The school districts typically provide the 
school buses and AAAST provides the drivers, maintenance of vehicles, 
and supervisions of employees. AAAST currently operates 72 buses for 
five school districts. AAAST does not conduct interstate passenger 
operations and thus does not hold passenger carrier operating authority 
from FMCSA. AAAST does not possess Texas intrastate passenger carrier 
authority, as all of the school bus operations in which AAAST 
participates are exempt from state regulation. See Tex. Transp. Code 
Ann. 643.002(4), (6) (West 2007).
    AAC explains that under the proposed transaction, AAC would acquire 
the ownership interest of AAAHI, the effect of which would be to place 
the Acquisition Carriers under the control of AAC. AAC states that it 
will assume indirect 100% control of the Acquisition Carriers.
    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. AAC has submitted the 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 the gross operating revenues of AAC and its motor 
carrier affiliated companies 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.
---------------------------------------------------------------------------

    AAC asserts that this acquisition is in the public interest. AAC 
states that services currently provided by the Acquisition Carriers 
would continue to be provided under the same names currently used to 
provide such services. AAC further explains that it anticipates that 
services to the public would be improved, because the Acquisition 
Carriers would continue to operate, but in the future they would 
operate as part of the AAC corporate family. Under this new ownership, 
AAC states that it intends to use its business and financial management 
skills, as well as its capital, to increase the efficiencies and 
enhance the viability of the Acquisition Carriers, thereby ensuring the 
continued availability of adequate passenger transportation service for 
the public.
    AAC states that there are no fixed charges associated with the 
proposed transaction or the proposed acquisition of control. In 
addition, according to AAC, the proposed transaction would have no 
material impact on employees or labor conditions, as AAC intends to 
continue the existing operations of the Acquisition Carriers and does 
not

[[Page 75183]]

anticipate a measurable reduction in force or changes in compensation 
levels or benefits.
    AAC also claims that neither competition nor the public interest 
would be adversely affected, as the proposed transaction involves 
merely a transfer of one holding company to another holding company. 
AAC states that, because it does not currently have any ownership 
interest in any passenger motor carrier, there would be no net gain in 
market power with respect to the Acquisition Carriers under the 
proposed transaction. Furthermore, AAC states that the bus operations 
of the Acquisition Carriers are geographically dispersed and there is 
little or no overlap in service areas or in customer base. Thus, AAC 
states that the impact of the proposed transaction on the regulated 
motor carrier industry would be minimal and that neither competition 
nor the public interest would be adversely affected.
    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.
    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 as having been vacated.
    3. This notice will be effective December 13, 2016, unless opposing 
comments are filed by December 12, 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: October 25, 2016.

    By the Board, Chairman Elliott, Vice Chairman Miller, and 
Commissioner Begeman.
Marline Simeon,
Clearance Clerk.
[FR Doc. 2016-26103 Filed 10-27-16; 8:45 am]
BILLING CODE 4915-01-P