Cavallo Bus Lines, LLC-Acquisition of Control of Assets-White Knight Limousine, Inc., 14787-14788 [2017-05603]

Download as PDF asabaliauskas on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 82, No. 54 / Wednesday, March 22, 2017 / Notices OMB Control Number: 2140–0015. STB Form Number: None. Type of Review: Extension with change (based on staff’s estimates, the number of respondents changed from 51 to 53 and the hourly burdens for responses changed marginally). Respondents: Any railroad that is subject to the Interstate Commerce Act and that terminated at least 4,500 revenue carloads on its lines in any of the three preceding years or that terminated at least 5% of the revenue carloads terminating in any state in any of the three preceding years. Railroads that are required to report Waybill Samples may do so either quarterly or monthly, and may either sample their own waybills or have Railinc conduct their sampling. As a result, there are four categories of Respondents discussed below: (1) Five railroads that conduct their own sampling, and report monthly, quarterly, and annually; (2) two railroads that conduct their own sampling, and report quarterly and annually; (3) two railroads that have Railinc sample their waybills, and report monthly, quarterly, and annually; and (4) 44 railroads that have Railinc sample their waybills, and report quarterly and annually. Number of Respondents: 53. Estimated Time per Response: Fortytwo and a half hours for each of the five railroads that conduct their own sampling, and report monthly, quarterly, and annually (assuming 2.5 hours to conduct the sampling per sample submitted). Twelve and a half hours for each of the two railroads that conduct their own sampling and report quarterly and annually (assuming 2.5 hours to conduct the sampling per sample submitted). Twenty-one and one quarter hours for each of the two railroads that have Railinc sample their waybills, and report monthly, quarterly, and annually (assuming 1.25 hours per sample submitted). Six and a quarter hours for each of the 44 railroads that have Railinc sample their waybills, and report quarterly and annually (assuming 1.25 hours per sample submitted). Frequency: Seven (7) respondents report monthly; 46 report quarterly. Total Burden Hours (annually including all respondents): 555 hours. This estimate is made up of the annual burden hours for the (a) five railroads that conduct their own sampling, and report monthly, quarterly, and annually (85 responses × 2.5 hours = 212.50 hours), (b) two railroads that conduct their own sampling, and report quarterly and annually (10 responses × 2.5 hours = 25 hours), (c) two railroads that have Railinc sample their waybills, and report monthly, quarterly, and VerDate Sep<11>2014 18:14 Mar 21, 2017 Jkt 241001 annually (34 responses × 1.25 hours = 42.50 hours), and (d) 44 railroads that have Railinc sample their waybills, and report quarterly and annually (220 responses × 1.25 hours = 275.00 hours). Total ‘‘Non-hour Burden’’ Cost: No ‘‘non-hour cost’’ burdens associated with this collection have been identified. Needs and Uses: The Surface Transportation Board is, by statute, responsible for the economic regulation of common carrier rail transportation in the United States. The information in the Waybill Sample is used by the Board, other Federal and state agencies, and industry stakeholders to monitor traffic flows and rate trends in the industry, and to develop testimony in Board proceedings. The Board has authority to collect this information under 49 U.S.C. 11144 and 11145. Under the PRA, a federal agency that conducts or sponsors a collection of information must display a currently valid OMB control number. A collection of information, which is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c), includes agency requirements that persons submit reports, keep records, or provide information to the agency, third parties, or the public. Under 44 U.S.C. 3506(c)(2)(A), federal agencies are required to provide, prior to an agency’s submitting a collection to OMB for approval, a 60-day notice and comment period through publication in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information. Dated: March 17, 2017. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2017–05713 Filed 3–21–17; 8:45 am] SURFACE TRANSPORTATION BOARD 2nd & Main, LLC—Acquisition and Operation Exemption—Norland North Chicago, LLC 2nd & Main, LLC (2ML), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire from Norland North Chicago, LLC (Norland) and operate approximately 540 feet of rail line between a point of connection on its north end to a main track of the Elgin, Joliet & Eastern Railway Company (now Canadian National Railway Company) and a point of connection on its southwest end to a main track of the Chicago & North Western Railway Company (now Union Pacific Railroad Fmt 4703 Decided: March 17, 2017. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2017–05716 Filed 3–21–17; 8:45 am] SURFACE TRANSPORTATION BOARD [Docket No. MCF 21075 1] [Docket No. FD 36106] Frm 00115 Company), in North Chicago, in Lake County, Ill. (the Line). According to 2ML, there are no milepost designations on the Line. The verified notice indicates that the transaction will be consummated shortly after April 5, 2017, the effective date of the exemption (30 days after the notice of exemption was filed).1 2ML certifies that its projected annual revenues as a result of this transaction will not result in its becoming a Class II or Class I rail carrier and will not exceed $5 million. 2ML states that there are no interchange commitments. If the verified notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Petitions to stay must be filed no later than March 29, 2017 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36106, must be filed with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. In addition, a copy of each pleading must be served on Thomas F. McFarland, 208 South LaSalle St., Suite 1666, Chicago, IL 60604–1228. Board decisions and notices are available on our Web site at ‘‘WWW.STB.GOV.’’ BILLING CODE 4915–01–P BILLING CODE 4915–01–P PO 00000 14787 Sfmt 4703 Cavallo Bus Lines, LLC—Acquisition of Control of Assets—White Knight Limousine, Inc. Surface Transportation Board. Notice Tentatively Approving and Authorizing Finance Transaction. AGENCY: ACTION: On March 8, 2017, Cavallo Bus Lines (Cavallo) and White Knight Limousine, Inc. (White Knight) SUMMARY: 1 2ML’s notice is related to a notice of exemption filed in Hussey Terminal Railroad Company— Acquisition & Operation Exemption—2nd & Main, LLC, Docket No. FD 36103, in which Hussey Terminal Railroad Company seeks Board authority to acquire the Line from 2ML. That notice is contingent upon this notice becoming effective. E:\FR\FM\22MRN1.SGM 22MRN1 asabaliauskas on DSK3SPTVN1PROD with NOTICES 14788 Federal Register / Vol. 82, No. 54 / Wednesday, March 22, 2017 / Notices (collectively, Applicants) filed an application for Cavallo to purchase certain assets (including motorcoaches and contracts) of White Knight used to provide certain motor carrier services. 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. DATES: Comments must be filed by May 8, 2017. Applicants may file a reply by May 22, 2017. If no comments are filed by May 8, 2017, this notice shall be effective on May 9, 2017. ADDRESSES: Send an original and 10 copies of any comments referring to Docket No. MCF 21075 to: Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. In addition, send one copy of comments to Cavallo’s representative: David H. Coburn, Steptoe & Johnson, LLP, 1330 Connecticut Ave. NW., Washington, DC 20036. FOR FURTHER INFORMATION CONTACT: Jonathon Binet (202) 245–0368. Federal Information Relay Service (FIRS) for the hearing impaired: 1–800–877–8339. SUPPLEMENTARY INFORMATION: On March 8, 2017, Cavallo Bus Lines (Cavallo) and White Knight Limousine, Inc. (White Knight) (collectively, Applicants) filed an application under 49 U.S.C. 14303 for Cavallo to purchase certain assets (including motorcoaches and contracts) of White Knight used to provide certain motor carrier services. 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. Applicants assert the following facts. Cavallo, a Delaware limited liability company, is wholly owned by BCPL, LLC, a non-carrier holding company, and is not affiliated with any other companies. Cavallo provides contract and charter service from terminals in Gillespie, Ill.; Indianapolis, Ind.; and Springfield, Mo. (MC–101883). It primarily operates in the Midwest, but offers charter service nationwide. Cavallo currently operates approximately 110 motorcoaches; its contract customers include public and private universities and colleges. It also 1 Concurrently with their application, the parties also filed, in Docket MCF 21075 TA, a request under 49 U.S.C. 14303(i) to operate the assets to be acquired on an interim basis pending approval of the acquisition. In a decision served on March 17, 2017 in related Docket No. MCF 21075 TA, interim approval was granted, effective on the service date of that decision. VerDate Sep<11>2014 18:14 Mar 21, 2017 Jkt 241001 provides airport transfer service in several Midwest cities. White Knight is a Missouri corporation with no affiliates. It provides motorcoach charter and contract services as well as limousine and car services primarily out of Columbia, Mo., and occasionally out of Springfield, Mo. (MC–289901). It currently operates approximately 37 passenger motor vehicles (19 motorcoaches and 18 cars and limousines). White Knight’s contract customers include university athletic departments and a minor league baseball team. Applicants state that, under the proposed transaction, Cavallo will purchase motorcoaches and contracts associated with White Knight’s contract and charter service in Missouri and Kansas. White Knight will sign a noncompete agreement prohibiting it from operating competing service for an agreed period of time and will provide Cavallo a right of first refusal in the event that White Knight decides to sell its other transportation operations. 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 from the proposed transaction; and (3) the interest of carrier employees affected by the proposed transaction. Applicants 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 Cavallo and White Knight exceeded $2 million for the preceding 12-month period under 49 U.S.C. 14303(g).2 Applicants submit that the proposed transaction will not have an adverse impact on the adequacy of transportation services available to the public. Applicants state that Cavallo, a significantly larger carrier than White Knight, has access to increased capital resources, increased interest cost savings, and reduced operating costs resulting from Cavallo’s enhanced volume purchasing power. According to Applicants, the centralization of administrative functions and Cavallo’s ability to achieve volume discounts will result in cost savings. Applicants also assert that the transaction will have no adverse impact on competition because 2 Applicants with gross operating revenues exceeding $2 million are required to meet the requirements of 49 CFR 1182.2(a)(5). PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 at least five other motor passenger carriers operate in the same areas of Kansas and Missouri. Further, Applicants state the transaction will not have a materially adverse impact on employees as ‘‘Cavallo intends to offer employment to the small number of employees currently providing the White Knight services at issue, provided that such employees meet certain minimum standards.’’ 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. Notice of this decision will be published in the Federal Register. 4. This notice will be effective May 9, 2017, unless opposing comments are filed by May 8, 2017. 5. 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: March 16, 2017. By the Board, Board Members Begeman, Elliott, and Miller. Raina S. Contee, Clearance Clerk. [FR Doc. 2017–05603 Filed 3–21–17; 8:45 am] BILLING CODE 4915–01–P E:\FR\FM\22MRN1.SGM 22MRN1

Agencies

[Federal Register Volume 82, Number 54 (Wednesday, March 22, 2017)]
[Notices]
[Pages 14787-14788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05603]


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SURFACE TRANSPORTATION BOARD

[Docket No. MCF 21075 \1\]


Cavallo Bus Lines, LLC--Acquisition of Control of Assets--White 
Knight Limousine, Inc.

AGENCY: Surface Transportation Board.

ACTION: Notice Tentatively Approving and Authorizing Finance 
Transaction.

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

SUMMARY: On March 8, 2017, Cavallo Bus Lines (Cavallo) and White Knight 
Limousine, Inc. (White Knight)

[[Page 14788]]

(collectively, Applicants) filed an application for Cavallo to purchase 
certain assets (including motorcoaches and contracts) of White Knight 
used to provide certain motor carrier services. 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.
---------------------------------------------------------------------------

    \1\ Concurrently with their application, the parties also filed, 
in Docket MCF 21075 TA, a request under 49 U.S.C. 14303(i) to 
operate the assets to be acquired on an interim basis pending 
approval of the acquisition. In a decision served on March 17, 2017 
in related Docket No. MCF 21075 TA, interim approval was granted, 
effective on the service date of that decision.

DATES: Comments must be filed by May 8, 2017. Applicants may file a 
reply by May 22, 2017. If no comments are filed by May 8, 2017, this 
---------------------------------------------------------------------------
notice shall be effective on May 9, 2017.

ADDRESSES: Send an original and 10 copies of any comments referring to 
Docket No. MCF 21075 to: Surface Transportation Board, 395 E Street 
SW., Washington, DC 20423-0001. In addition, send one copy of comments 
to Cavallo's representative: David H. Coburn, Steptoe & Johnson, LLP, 
1330 Connecticut Ave. NW., Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: Jonathon Binet (202) 245-0368. Federal 
Information Relay Service (FIRS) for the hearing impaired: 1-800-877-
8339.

SUPPLEMENTARY INFORMATION: On March 8, 2017, Cavallo Bus Lines 
(Cavallo) and White Knight Limousine, Inc. (White Knight) 
(collectively, Applicants) filed an application under 49 U.S.C. 14303 
for Cavallo to purchase certain assets (including motorcoaches and 
contracts) of White Knight used to provide certain motor carrier 
services. 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.
    Applicants assert the following facts. Cavallo, a Delaware limited 
liability company, is wholly owned by BCPL, LLC, a non-carrier holding 
company, and is not affiliated with any other companies. Cavallo 
provides contract and charter service from terminals in Gillespie, 
Ill.; Indianapolis, Ind.; and Springfield, Mo. (MC-101883). It 
primarily operates in the Midwest, but offers charter service 
nationwide. Cavallo currently operates approximately 110 motorcoaches; 
its contract customers include public and private universities and 
colleges. It also provides airport transfer service in several Midwest 
cities. White Knight is a Missouri corporation with no affiliates. It 
provides motorcoach charter and contract services as well as limousine 
and car services primarily out of Columbia, Mo., and occasionally out 
of Springfield, Mo. (MC-289901). It currently operates approximately 37 
passenger motor vehicles (19 motorcoaches and 18 cars and limousines). 
White Knight's contract customers include university athletic 
departments and a minor league baseball team.
    Applicants state that, under the proposed transaction, Cavallo will 
purchase motorcoaches and contracts associated with White Knight's 
contract and charter service in Missouri and Kansas. White Knight will 
sign a non-compete agreement prohibiting it from operating competing 
service for an agreed period of time and will provide Cavallo a right 
of first refusal in the event that White Knight decides to sell its 
other transportation operations.
    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 from the proposed transaction; and (3) the interest 
of carrier employees affected by the proposed transaction. Applicants 
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 Cavallo and White Knight 
exceeded $2 million for the preceding 12-month period under 49 U.S.C. 
14303(g).\2\
---------------------------------------------------------------------------

    \2\ Applicants with gross operating revenues exceeding $2 
million are required to meet the requirements of 49 CFR 
1182.2(a)(5).
---------------------------------------------------------------------------

    Applicants submit that the proposed transaction will not have an 
adverse impact on the adequacy of transportation services available to 
the public. Applicants state that Cavallo, a significantly larger 
carrier than White Knight, has access to increased capital resources, 
increased interest cost savings, and reduced operating costs resulting 
from Cavallo's enhanced volume purchasing power. According to 
Applicants, the centralization of administrative functions and 
Cavallo's ability to achieve volume discounts will result in cost 
savings. Applicants also assert that the transaction will have no 
adverse impact on competition because at least five other motor 
passenger carriers operate in the same areas of Kansas and Missouri. 
Further, Applicants state the transaction will not have a materially 
adverse impact on employees as ``Cavallo intends to offer employment to 
the small number of employees currently providing the White Knight 
services at issue, provided that such employees meet certain minimum 
standards.''
    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. Notice of this decision will be published in the Federal 
Register.
    4. This notice will be effective May 9, 2017, unless opposing 
comments are filed by May 8, 2017.
    5. 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: March 16, 2017.

    By the Board, Board Members Begeman, Elliott, and Miller.
Raina S. Contee,
Clearance Clerk.
[FR Doc. 2017-05603 Filed 3-21-17; 8:45 am]
 BILLING CODE 4915-01-P
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