Sureride Charter Inc.-Acquisition of Control-McClintock Enterprises, Inc. D/B/A Goldfield Stage & Company, 50928-50930 [2017-23904]
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Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Notices
new aliases: Marwan Hadid Brigades,
also known as Marwan Hadid Brigade.
This determination shall be published
in the Federal Register.
Dated: September 27, 2017.
Rex W. Tillerson,
Secretary of State.
of these determinations be published in
the Federal Register.
Alyson Grunder,
Deputy Assistant Secretary for Policy, Bureau
of Educational and Cultural Affairs,
Department of State.
[FR Doc. 2017–23875 Filed 11–1–17; 8:45 am]
BILLING CODE 4710–05–P
[FR Doc. 2017–23788 Filed 11–1–17; 8:45 am]
BILLING CODE 4710–AD–P
DEPARTMENT OF STATE
[Public Notice: 10188]
DEPARTMENT OF STATE
[Public Notice: 10190]
Notice of Determinations; Culturally
Significant Object Imported for
Exhibition Determinations: ‘‘Portraits
of the World: Switzerland’’ Exhibition
Notice is hereby given of the
following determinations: I hereby
determine that a certain object to be
included in the exhibition ‘‘Portraits of
the World: Switzerland,’’ 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 National
Portrait Gallery, Smithsonian
Institution, Washington, District of
Columbia, from on or about December
15, 2017, until on or about November
12, 2018, and at possible additional
exhibitions or venues yet to be
determined, is in the national interest.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Elliot Chiu 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.
In the Matter of the Amendment of the
Designation of Abdallah Azzam
Brigades (and Other Aliases) as a
Foreign Terrorist Organization
Pursuant to Section 219 of the
Immigration and Nationality Act, as
Amended
Based upon a review of the
Administrative Record assembled
pursuant to Section 219 of the
Immigration and Nationality Act, as
amended (8 U.S.C. 1189) (‘‘INA’’), and
in consultation with the Attorney
General and the Secretary of the
Treasury, I have concluded that there is
a sufficient factual basis to find that the
following are aliases of Abdallah Azzam
Brigades (and other aliases): Marwan
Hadid Brigades, also known as Marwan
Hadid Brigade.
Therefore, pursuant to Section 219(b)
of the INA, as amended (8 U.S.C.
1189(b)), I hereby amend the
designation of Abdallah Azzam Brigades
as a foreign terrorist organization to
include the following new aliases:
Marwan Hadid Brigades, also known as
Marwan Hadid Brigade.
This determination shall be published
in the Federal Register.
Dated: September 27, 2017.
Rex W. Tillerson,
Secretary of State.
[FR Doc. 2017–23789 Filed 11–1–17; 8:45 am]
BILLING CODE 4710–AD–P
The
foregoing determinations were made
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. 257–1 of December 11,
2015). I have ordered that Public Notice
asabaliauskas on DSKBBXCHB2PROD with NOTICES
SUPPLEMENTARY INFORMATION:
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SURFACE TRANSPORTATION BOARD
[Docket No. MCF 21077]
Sureride Charter Inc.—Acquisition of
Control—McClintock Enterprises, Inc.
D/B/A Goldfield Stage & Company
Surface Transportation Board.
Notice tentatively approving
and authorizing finance transaction.
AGENCY:
ACTION:
On October 3, 2017, Sureride
Charter Inc. d/b/a Sundiego Charter Co.
d/b/a SunExpress Charter Co. (SCI), an
interstate passenger motor carrier, filed
an application to acquire McClintock
SUMMARY:
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Enterprises, Inc. d/b/a Goldfield Stage &
Company (the Acquisition Carrier), an
interstate passenger motor carrier. 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.
DATES: Comments must be filed by
December 18, 2017. The applicant may
file a reply by January 2, 2018. If no
opposing comments are filed by
December 18, 2017, this notice shall be
effective December 19, 2017.
ADDRESSES: Send an original and 10
copies of any comments referring to
Docket No. MCF 21077 to: Surface
Transportation Board, 395 E Street SW.,
Washington, DC 20423–0001. In
addition, send one copy of comments to
SCI’s representative: Andrew K. Light,
Scopelitis, Garvin, Light, Hanson, &
Feary, P.C., 10 W. Market Street, Suite
1400, Indianapolis, IN 46204.
FOR FURTHER INFORMATION CONTACT:
Sarah Fancher (202) 245–0355. Federal
Information Relay Service (FIRS) for the
hearing impaired: 1–800–877–8339.
SUPPLEMENTARY INFORMATION: SCI states
that it is a California corporation and an
interstate passenger motor carrier. It
states that it is wholly owned by All
Aboard America! Holdings, Inc.
(AAAHI), which is wholly owned by
AAAHI Acquisition Corporation, which
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 SCI, the majority owner of
AAAHI Holdings LLC is Tensile Capital
Partners Master Fund LP, 89.6% of
which is owned by Tensile Capital
Partners LP. SCI further states that none
of the entities that have a direct or
indirect ownership interest in SCI
(Ownership Entities) possess motor
carrier authority or have USDOT
Numbers or Safety Ratings.
SCI states that, in addition to SCI,
AAAHI wholly owns the following
passenger motor carriers (the Affiliated
Carriers): Hotard Coaches, Inc. (Hotard);
Industrial Bus Lines, Inc. d/b/a All
Aboard America (Industrial); Ace
Express Coaches, LLC (Ace Express); All
Aboard Transit Services, LLC (AATS);
and All Aboard America! School
Transportation, LLC (AAAST).
According to SCI, the Affiliated Carriers
exercise substantial independence in
running their diverse operations, and
none of the Ownership Entities hold any
controlling interest in any regulated bus
transportation provider other than the
Affiliated Carriers.
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asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Notices
SCI provides a description of each of
the Affiliated 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 273
vehicles, of which 80 are full-sized
motor coaches and the remainder are
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 81 full-sized motor
coaches and 13 minibuses.
• 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 60 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. AATS operates 82 paratransit
vehicles that are provided by Denver
Rapid Transit District, with whom it has
a contract to provide paratransit
services. 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
states that it does not possess Colorado
intrastate passenger carrier authority, as
its operations are exempt from the need
for such authority under 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
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Jkt 244001
currently operates 67 buses for five
school districts. AAAST does not
conduct interstate passenger operations
and thus does not hold passenger carrier
operating authority from FMCSA.
AAAST operates pursuant to intrastate
authority issued by the Texas
Department of Motor Vehicles under
Certificate No. 007050629C.
SCI states that the Acquisition Carrier
is a California corporation that holds
common carrier operating authority
from FMCSA as a motor carrier of
passengers (MC–191442). The
Acquisition Carrier provides local and
regional charter service in California
using 23 full-size coaches, five minicoaches, two vans, and three cars. SCI
states that the Acquisition Carrier is
wholly owned by individuals Kevin and
Dalyce McClintock (Sellers). According
to SCI, the Sellers do not currently hold
interests in any regulated bus
transportation provider other than the
Acquisition Carrier.
SCI explains that under the proposed
transaction, SCI would assume 100%
control of the Acquisition Carrier.
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. SCI 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 SCI, the Acquisition Carrier,
and the Affiliated Carriers (which as
described above are under common
control with SCI) exceeded $2 million
in both interstate and intrastate services
for the preceding 12-month period
ending June 30, 2017. See 49 U.S.C.
14303(g).1
SCI asserts that the transaction would
not have a material, detrimental impact
on the adequacy of transportation
services available for the public. SCI
further explains that it anticipates that
services to the public would be
improved because the Acquisition
Carrier would continue to operate, but
going forward, it would operate as part
of the AAAHI corporate family. Under
this new ownership, SCI states that the
AAAHI corporate family intends to use
its business and financial management
1 Applicants with gross operating revenues
exceeding $2 million are required to meet the
requirements of 49 CFR 1182.2(a)(5).
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50929
skills, as well as its capital, to increase
the efficiencies and enhance the
viability of the Acquisition Carrier,
thereby ensuring the continued
availability of adequate passenger
transportation service for the public. SCI
also states that services currently
provided by the Acquisition Carrier
would continue to be provided under
the same name currently used to
provide such services.
According to SCI, fixed charges of the
Acquisition Carrier are not expected to
change materially. SCI states that its
fixed charges, in the form of interest
expense, will increase as a result of the
borrowing of funds used to complete the
contemplated transaction. SCI states,
however, that such an increase is not
expected to impact the provision of
transportation services.
Regarding the interests of employees,
SCI asserts that its current intent is ‘‘to
continue the existing operations of the
Acquisition Carrier,’’ but that it ‘‘is
evaluating its employment needs with a
view to employing qualified personnel
that are currently employed by the
Acquisition Carrier to operate the
relevant services.’’ (App. 8.)
Finally, SCI asserts 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, as the proposed
transaction involves merely the addition
of a single interstate passenger motor
carrier to a previously approved
portfolio of carriers. See AAAHI Acquis.
Corp.—Acquis. of Control—All Aboard
America! Holdings, Inc., MCF 21071
(STB served Oct. 28, 2016). SCI states
that the Acquisition Carrier is a
relatively small carrier in the overall
markets in which it competes (providers
of charter, mini-coach, sedan, and van
services), and that neither SCI nor any
of the Affiliated Carriers offer sedan and
van services. SCI further asserts that
there is limited overlap in service areas
or in customer bases among the
Affiliated Carriers and the Acquisition
Carrier, and ‘‘limited overlap in charter
services and/or in customer bases of the
Acquisition Carrier and SCI in [] San
Diego,’’ which has a variety of
competitors and service offerings for
ground transportation. (App. 10.)
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
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Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Notices
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
December 19, 2017, unless opposing
comments are filed by December 18,
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.
srbc.net. Regular mail inquiries may be
sent to the above address.
SUPPLEMENTARY INFORMATION: This
notice lists the projects, described
below, being rescinded for the
consumptive use of water pursuant to
the Commission’s approval by rule
process set forth in 18 CFR 806.22(e)
and § 806.22(f) for the time period
specified above:
Decided: October 30, 2017.
By the Board, Board Members Begeman
and Miller.
Kenyatta Clay,
Clearance Clerk.
SUMMARY:
[FR Doc. 2017–23904 Filed 11–1–17; 8:45 am]
BILLING CODE 4915–01–P
SUSQUEHANNA RIVER BASIN
COMMISSION
Projects Rescinded for Consumptive
Uses of Water
Susquehanna River Basin
Commission.
ACTION: Notice.
AGENCY:
This notice lists the approved
by rule projects rescinded by the
Susquehanna River Basin Commission
during the period set forth in DATES.
DATES: September 1–30, 2017.
ADDRESSES: Susquehanna River Basin
Commission, 4423 North Front Street,
Harrisburg, PA 17110–1788.
FOR FURTHER INFORMATION CONTACT:
Jason E. Oyler, General Counsel,
telephone: (717) 238–0423, ext. 1312;
fax: (717) 238–2436; email: joyler@
asabaliauskas on DSKBBXCHB2PROD with NOTICES
SUMMARY:
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22:28 Nov 01, 2017
Jkt 244001
Rescinded ABR Issued
1. Repsol Oil & Gas USA, LLC, Pad ID:
RENNEKAMP (05 104) R, ABR–
201108044.R1, Pike Township,
Bradford County, Pa.; Rescind Date:
September 20, 2017.
Authority: Pub. L. 91–575, 84 Stat. 1509 et
seq., 18 CFR parts 806, 807, and 808.
Dated: October 30, 2017.
Stephanie L. Richardson,
Secretary to the Commission.
[FR Doc. 2017–23887 Filed 11–1–17; 8:45 am]
BILLING CODE 7040–01–P
SUSQUEHANNA RIVER BASIN
COMMISSION
Projects Approved for Consumptive
Uses of Water
Susquehanna River Basin
Commission.
ACTION: Notice.
AGENCY:
This notice lists the projects
approved by rule by the Susquehanna
River Basin Commission during the
period set forth in DATES.
DATES: September 1–30, 2017.
ADDRESSES: Susquehanna River Basin
Commission, 4423 North Front Street,
Harrisburg, PA 17110–1788.
FOR FURTHER INFORMATION CONTACT:
Jason E. Oyler, General Counsel, 717–
238–0423, ext. 1312, joyler@srbc.net.
Regular mail inquiries may be sent to
the above address.
SUPPLEMENTARY INFORMATION: This
notice lists the projects, described
below, receiving approval for the
consumptive use of water pursuant to
the Commission’s approval by rule
process set forth in 18 CFR 806.22(e)
and § 806.22 (f) for the time period
specified above:
Approvals by Rule Issued Under 18
CFR 806.22(e)
1. Rutter Bros. Dairy, Inc., d/b/a Rutter’s
Dairy, Inc., ABR–201709007,
Manchester Township, York
County, Pa.; Consumptive Use of
Up to 0.0400 mgd; Approval Date:
September 29, 2017.
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Approvals by Rule Issued Under 18
CFR 806.22(f)
1. Inflection Energy (PA), LLC, Pad ID:
Fox B Well Site, ABR–201709001,
Shrewsbury Township, Lycoming
County, Pa.; Consumptive Use of
Up to 4.0000 mgd; Approval Date:
September 7, 2017.
2. Chesapeake Appalachia, LLC, Pad ID:
Shumhurst2, ABR–201709002,
Tuscarora Township, Bradford
County, Pa.; Consumptive Use of
Up to 7.5000 mgd; Approval Date:
September 14, 2017.
3. Cabot Oil & Gas Corporation, Pad ID:
Precision Capital LP P1, ABR–
201709003, Lathrop Township,
Susquehanna County, Pa.;
Consumptive Use of Up to 5.0000
mgd; Approval Date: September 18,
2017.
4. Cabot Oil & Gas Corporation, Pad ID:
PennayG P1, ABR–201709004,
Brooklyn Township, Susquehanna
County, Pa.; Consumptive Use of
Up to 5.0000 mgd; Approval Date:
September 18, 2017.
5. Chesapeake Appalachia, LLC, Pad ID:
Rosiemar, ABR–201301016.R1,
Auburn Township, Susquehanna
County, Pa.; Consumptive Use of
Up to 7.5000 mgd; Approval Date:
September 18, 2017.
6. EOG Resources, Inc., Pad ID: WARD
B Pad, ABR–201210009.R1,
Springfield Township, Bradford
County, Pa.; Consumptive Use of
Up to 5.0000 mgd; Approval Date:
September 25, 2017.
7. EOG Resources, Inc., Pad ID: KLINE
A Pad, ABR–201210010.R1,
Springfield Township, Bradford
County, Pa.; Consumptive Use of
Up to 5.0000 mgd; Approval Date:
September 25, 2017.
8. EOG Resources, Inc., Pad ID: GRIPPIN
A Pad, ABR–201210015.R1,
Springfield Township, Bradford
County, Pa.; Consumptive Use of
Up to 5.0000 mgd; Approval Date:
September 25, 2017.
9. EOG Resources, Inc., Pad ID:
KINGSLY E Pad, ABR–
201210016.R1, Springfield
Township, Bradford County, Pa.;
Consumptive Use of Up to 5.0000
mgd; Approval Date: September 25,
2017.
10. Pennsylvania General Energy
Company, LLC, Pad ID: COP Tract
322 Pad A, ABR–201301004.R1,
McHenry and Cummings
Townships, Lycoming County, Pa.;
Consumptive Use of Up to 3.5000
mgd; Approval Date: September 25,
2017.
11. Pennsylvania General Energy
Company, LLC, Pad ID: COP Tract
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]]>Agencies
[Federal Register Volume 82, Number 211 (Thursday, November 2, 2017)]
[Notices]
[Pages 50928-50930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23904]
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SURFACE TRANSPORTATION BOARD
[Docket No. MCF 21077]
Sureride Charter Inc.--Acquisition of Control--McClintock
Enterprises, Inc. D/B/A Goldfield Stage & Company
AGENCY: Surface Transportation Board.
ACTION: Notice tentatively approving and authorizing finance
transaction.
-----------------------------------------------------------------------
SUMMARY: On October 3, 2017, Sureride Charter Inc. d/b/a Sundiego
Charter Co. d/b/a SunExpress Charter Co. (SCI), an interstate passenger
motor carrier, filed an application to acquire McClintock Enterprises,
Inc. d/b/a Goldfield Stage & Company (the Acquisition Carrier), an
interstate passenger motor carrier. 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.
DATES: Comments must be filed by December 18, 2017. The applicant may
file a reply by January 2, 2018. If no opposing comments are filed by
December 18, 2017, this notice shall be effective December 19, 2017.
ADDRESSES: Send an original and 10 copies of any comments referring to
Docket No. MCF 21077 to: Surface Transportation Board, 395 E Street
SW., Washington, DC 20423-0001. In addition, send one copy of comments
to SCI's representative: Andrew K. Light, Scopelitis, Garvin, Light,
Hanson, & Feary, P.C., 10 W. Market Street, Suite 1400, Indianapolis,
IN 46204.
FOR FURTHER INFORMATION CONTACT: Sarah Fancher (202) 245-0355. Federal
Information Relay Service (FIRS) for the hearing impaired: 1-800-877-
8339.
SUPPLEMENTARY INFORMATION: SCI states that it is a California
corporation and an interstate passenger motor carrier. It states that
it is wholly owned by All Aboard America! Holdings, Inc. (AAAHI), which
is wholly owned by AAAHI Acquisition Corporation, which 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 SCI, the majority owner of AAAHI Holdings LLC is Tensile
Capital Partners Master Fund LP, 89.6% of which is owned by Tensile
Capital Partners LP. SCI further states that none of the entities that
have a direct or indirect ownership interest in SCI (Ownership
Entities) possess motor carrier authority or have USDOT Numbers or
Safety Ratings.
SCI states that, in addition to SCI, AAAHI wholly owns the
following passenger motor carriers (the Affiliated Carriers): Hotard
Coaches, Inc. (Hotard); Industrial Bus Lines, Inc. d/b/a All Aboard
America (Industrial); Ace Express Coaches, LLC (Ace Express); All
Aboard Transit Services, LLC (AATS); and All Aboard America! School
Transportation, LLC (AAAST). According to SCI, the Affiliated Carriers
exercise substantial independence in running their diverse operations,
and none of the Ownership Entities hold any controlling interest in any
regulated bus transportation provider other than the Affiliated
Carriers.
[[Page 50929]]
SCI provides a description of each of the Affiliated 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 273 vehicles, of which 80 are full-sized
motor coaches and the remainder are 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 81 full-
sized motor coaches and 13 minibuses.
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 60
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. AATS operates 82
paratransit vehicles that are provided by Denver Rapid Transit
District, with whom it has a contract to provide paratransit services.
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 states that it does not
possess Colorado intrastate passenger carrier authority, as its
operations are exempt from the need for such authority under Colo. Rev.
Stat. Sec. 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 67 buses for
five school districts. AAAST does not conduct interstate passenger
operations and thus does not hold passenger carrier operating authority
from FMCSA. AAAST operates pursuant to intrastate authority issued by
the Texas Department of Motor Vehicles under Certificate No.
007050629C.
SCI states that the Acquisition Carrier is a California corporation
that holds common carrier operating authority from FMCSA as a motor
carrier of passengers (MC-191442). The Acquisition Carrier provides
local and regional charter service in California using 23 full-size
coaches, five mini-coaches, two vans, and three cars. SCI states that
the Acquisition Carrier is wholly owned by individuals Kevin and Dalyce
McClintock (Sellers). According to SCI, the Sellers do not currently
hold interests in any regulated bus transportation provider other than
the Acquisition Carrier.
SCI explains that under the proposed transaction, SCI would assume
100% control of the Acquisition Carrier.
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. SCI 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 SCI, the Acquisition
Carrier, and the Affiliated Carriers (which as described above are
under common control with SCI) exceeded $2 million in both interstate
and intrastate services for the preceding 12-month period ending June
30, 2017. See 49 U.S.C. 14303(g).\1\
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\1\ Applicants with gross operating revenues exceeding $2
million are required to meet the requirements of 49 CFR
1182.2(a)(5).
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SCI asserts that the transaction would not have a material,
detrimental impact on the adequacy of transportation services available
for the public. SCI further explains that it anticipates that services
to the public would be improved because the Acquisition Carrier would
continue to operate, but going forward, it would operate as part of the
AAAHI corporate family. Under this new ownership, SCI states that the
AAAHI corporate family 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 Carrier, thereby ensuring
the continued availability of adequate passenger transportation service
for the public. SCI also states that services currently provided by the
Acquisition Carrier would continue to be provided under the same name
currently used to provide such services.
According to SCI, fixed charges of the Acquisition Carrier are not
expected to change materially. SCI states that its fixed charges, in
the form of interest expense, will increase as a result of the
borrowing of funds used to complete the contemplated transaction. SCI
states, however, that such an increase is not expected to impact the
provision of transportation services.
Regarding the interests of employees, SCI asserts that its current
intent is ``to continue the existing operations of the Acquisition
Carrier,'' but that it ``is evaluating its employment needs with a view
to employing qualified personnel that are currently employed by the
Acquisition Carrier to operate the relevant services.'' (App. 8.)
Finally, SCI asserts 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, as the
proposed transaction involves merely the addition of a single
interstate passenger motor carrier to a previously approved portfolio
of carriers. See AAAHI Acquis. Corp.--Acquis. of Control--All Aboard
America! Holdings, Inc., MCF 21071 (STB served Oct. 28, 2016). SCI
states that the Acquisition Carrier is a relatively small carrier in
the overall markets in which it competes (providers of charter, mini-
coach, sedan, and van services), and that neither SCI nor any of the
Affiliated Carriers offer sedan and van services. SCI further asserts
that there is limited overlap in service areas or in customer bases
among the Affiliated Carriers and the Acquisition Carrier, and
``limited overlap in charter services and/or in customer bases of the
Acquisition Carrier and SCI in [] San Diego,'' which has a variety of
competitors and service offerings for ground transportation. (App. 10.)
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
[[Page 50930]]
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 December 19, 2017, unless opposing
comments are filed by December 18, 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: October 30, 2017.
By the Board, Board Members Begeman and Miller.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2017-23904 Filed 11-1-17; 8:45 am]
BILLING CODE 4915-01-P
