National Express Transit Corporation-Acquisition of Control-Aristocrat Limousine and Bus, Inc., 9571-9573 [2018-04537]
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Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 / Notices
DEPARTMENT OF STATE
[Public Notice: 10346]
Determination Under Section
7070(c)(1) of the Department of State,
Foreign Operations, and Related
Programs Appropriations Act, 2017
Regarding the Central Government of
Venezuela
Pursuant to section 7070(c)(1) of the
Department of State, Foreign
Operations, and Related Programs
Appropriations Act, 2017 (Div. J, Pub. L.
115–31), I hereby determine that the
Government of Venezuela has
recognized the independence of, or has
established diplomatic relations with,
the Georgian territories of Abkhazia and
Tskhinvali Region/South Ossetia.
This determination shall be published
in the Federal Register and on the
Department of State website and, along
with the accompanying Memorandum
of Justification, shall be reported to
Congress.
Rex W. Tillerson,
Secretary of State.
[FR Doc. 2018–04532 Filed 3–5–18; 8:45 am]
BILLING CODE 4710–29–P
DEPARTMENT OF STATE
[Public Notice: 10343]
sradovich on DSK3GMQ082PROD with NOTICES
U.S. Advisory Commission on Public
Diplomacy; Notice of Meeting
The U.S. Advisory Commission on
Public Diplomacy will hold a public
meeting from 10:30 a.m. until 12:00
p.m., Tuesday, March 20, 2018 at the
Rayburn Office Building, room 2200 (45
Independence Ave SW, Washington, DC
20515).
The public meeting will be on
Optimizing diplomatic engagement: An
evidence-based, results-oriented
approach. The session will include a
presentation and discussion of
recommendations on improving the
assessment of State Department public
diplomacy programs.
This meeting is open to the public,
members and staff of Congress, the State
Department, Defense Department, the
media, and other governmental and
non-governmental organizations. An
RSVP is required. To attend and make
any requests for reasonable
accommodation, email Michelle Bowen
at BowenMC1@state.gov by 5pm on
Friday, March 16, 2018. Please arrive for
the meeting by 10:15am to allow for a
prompt start.
The United States Advisory
Commission on Public Diplomacy
appraises U.S. Government activities
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intended to understand, inform, and
influence foreign publics. The Advisory
Commission may conduct studies,
inquiries, and meetings, as it deems
necessary. It may assemble and
disseminate information and issue
reports and other publications, subject
to the approval of the Chairperson, in
consultation with the Executive
Director. The Advisory Commission
may undertake foreign travel in pursuit
of its studies and coordinate, sponsor, or
oversee projects, studies, events, or
other activities that it deems desirable
and necessary in fulfilling its functions.
The Commission consists of seven
members appointed by the President, by
and with the advice and consent of the
Senate. The members of the
Commission shall represent the public
interest and shall be selected from a
cross section of educational,
communications, cultural, scientific,
technical, public service, labor,
business, and professional backgrounds.
Not more than four members shall be
from any one political party. The
President designates a member to chair
the Commission.
The current members of the
Commission are: Mr. Sim Farar of
California, Chairman; Mr. William Hybl
of Colorado, Vice Chairman;
Ambassador Penne Korth-Peacock of
Texas; Anne Terman Wedner of Illinois;
and Ms. Georgette Mosbacher of New
York. Two seats on the Commission are
currently vacant.
To request further information about
the meeting or the U.S. Advisory
Commission on Public Diplomacy, you
may contact its Executive Director, Dr.
Shawn Powers, at PowersSM@state.gov.
Shawn Powers,
Executive Director, Advisory Commission on
Public Diplomacy, Department of State.
[FR Doc. 2018–04505 Filed 3–5–18; 8:45 am]
BILLING CODE 4710–45–P
SURFACE TRANSPORTATION BOARD
[Docket No. MCF 21080]
National Express Transit
Corporation—Acquisition of Control—
Aristocrat Limousine and Bus, Inc.
Surface Transportation Board.
Notice Tentatively Approving
and Authorizing Finance Transaction.
AGENCY:
ACTION:
On February 5, 2018, National
Express Transit Corporation (National
Express), an intrastate passenger motor
carrier, and Brenda Baxter, Richard
Wright, and Ralph Wright (collectively,
Sellers) (National Express and Sellers
collectively, Applicants), jointly filed an
SUMMARY:
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application for National Express to
acquire from Sellers control of
Aristocrat Limousine and Bus, Inc.
(Aristocrat), an interstate and intrastate
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 April
20, 2018. Applicants may file a reply by
May 7, 2018. If no opposing comments
are filed by April 20, 2018, this notice
shall be effective on April 21, 2018.
ADDRESSES: Send an original and 10
copies of any comments referring to
Docket No. MCF 21080 to: Surface
Transportation Board, 395 E Street SW,
Washington, DC 20423–0001. In
addition, send one copy of comments to:
Andrew K. Light, Scopelitis, Garvin,
Light, Hanson & Feary, P.C., 10 W.
Market Street, Suite 1400, Indianapolis,
IN 46204.
FOR FURTHER INFORMATION CONTACT:
Nathaniel Bawcombe at (202) 245–0376.
Federal Information Relay Service
(FIRS) for the hearing impaired: 1–800–
877–8339.
SUPPLEMENTARY INFORMATION: National
Express is a motor carrier incorporated
under the laws of Delaware that
provides intrastate passenger
transportation service and utilizes
approximately 774 passenger-carrying
vehicles and 855 drivers. Additionally,
National Express, which does not have
interstate authority from the Federal
Motor Carrier Safety Administration
(FMCSA), owns and controls two
passenger motor carriers that do hold
FMCSA interstate carrier authority:
Rainbow Management Service Inc.
(Rainbow) (MC–490015), which
provides interstate and intrastate charter
and special party passenger services in
New York, and Trans Express, Inc.
(Trans Express) (MC–187819), which
provides interstate and intrastate
passenger transportation services in
New York. National Express is
indirectly controlled by a British
corporation, National Express Group,
PLC (Express Group). Express Group
also indirectly controls the following
interstate and intrastate motor carriers
of passengers (collectively, National
Express Affiliated Carriers):
• Beck Bus Transportation Corp.,
which holds interstate carrier authority
(MC–143528), is primarily engaged in
providing student school bus
transportation services in Illinois;
• Durham School Services, L.P.,
which holds interstate carrier authority
(MC–163066), is primarily engaged in
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Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 / Notices
providing student school bus
transportation services in several states,
and charter passenger services to the
public;
• MV Student Transportation Inc.,
which holds interstate carrier authority
(MC–148934), is primarily engaged in
providing student school bus
transportation services, and charter
passenger services to the public;
• National Express Transit—Yuma
(NETY), which holds interstate carrier
authority (MC–960629), is primarily
engaged in providing paratransit
services in the area of Yuma, Ariz.;
• Petermann Ltd., which holds
interstate carrier authority (MC–
364668), is primarily engaged in
providing non-regulated school bus
transportation services in Ohio, and
charter passenger services to the public;
• Petermann Northeast LLC, which
holds interstate carrier authority (MC–
723926), is primarily engaged in
providing student school bus
transportation services, primarily in
Ohio and Pennsylvania, and also
provides charter passenger services to
the public;
• Petermann Southwest LLC, which
holds interstate carrier authority (MC–
644996), is primarily engaged in
providing non-regulated school bus
transportation services in Texas, and
also provides charter passenger services
to the public;
• Petermann STSA, LLC, which holds
interstate carrier authority (MC–
749360), is primarily engaged in
providing non-regulated school bus
transportation services, primarily in
Kansas, and also provides charter
passenger services to the public;
• The Provider Enterprises, Inc. d/b/
a Provider Bus, which holds interstate
carrier authority (MC–986909), is
primarily engaged in providing nonregulated school bus transportation
services in New Hampshire;
• Queen City Transportation, LLC,
which holds interstate carrier authority
(MC–163846), is primarily engaged in
providing non-regulated school bus
transportation in Ohio, and charter
passenger services to the public;
• Trinity, Inc., which holds interstate
carrier authority (MC–364003), provides
non-regulated school bus transportation
services in southeastern Michigan, and
charter service to the public;
• Trinity Student Delivery LLC,
which holds interstate carrier authority
(MC–836335), primarily provides nonregulated school bus transportation
services in areas of northern Ohio, and
passenger charter services to the public;
and
• White Plains Bus Company, Inc., d/
b/a Suburban Charters, which holds
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interstate carrier authority (MC–
160624), primarily provides nonregulated school bus transportation
services in New York, and charter
service to the public.
Aristocrat, a motor carrier of
passengers, is a New Jersey corporation
that holds interstate carrier authority
(MC–173839). It provides intrastate and
interstate passenger charter services in
New Jersey, as well as interstate
passenger charter services in New York
and Pennsylvania. In providing its
services, Aristocrat utilizes 33 passenger
vehicles and 28 drivers. Sellers hold all
the issued and outstanding equity stock
of Aristocrat.
Applicants state that the proposed
transaction would place Aristocrat
under the control of National Express.
The proposed transaction contemplates
that National Express would assume
100% control of Aristocrat through
stock ownership. According to
Applicants, after the transaction,
Aristocrat would continue to provide
services under the same name but
would be operated within the National
Express corporate family. Applicants
assert that Aristocrat is experienced in
the passenger service markets already
served by National Express and some of
its affiliated 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. Applicants have 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, pursuant to 49 U.S.C.
14303(g), that Rainbow, Trans Express,
the National Express Affiliated Carriers,
and Aristocrat exceeded $2 million in
gross operating revenues for the
preceding 12-month period.1
Applicants submit that the proposed
transaction would not have a material,
detrimental impact on the adequacy of
transportation services to the public but
rather would improve services to the
public. According to Applicants,
National Express does not intend to
change the operations of Aristocrat but
would operate it within the National
Express corporate family, which,
1 Parties must certify that its transaction involves
carriers whose aggregate gross operating revenues
exceed $2 million, as required under 49 CFR
1182.2(a)(5).
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National Express states, would enhance
the overall viability of the carriers
within the corporate family. National
Express anticipates that the proposed
transaction would result in operating
efficiencies and cost savings derived
from economies of scale, which would
help ensure adequate service to the
public.
Applicants state that there are no
significant fixed charges associated with
the proposed transaction.
Applicants also assert that because
National Express intends to continue
Aristocrat’s existing operations, the
proposed transaction would not have a
substantial impact on employees or
labor conditions, although staffing
redundancies could potentially result in
limited downsizing of back-office and/
or managerial-level personnel.
Applicants further assert that the
proposed transaction would not
adversely affect competition or the
public interest. Applicants claim that
Aristocrat is a relatively small carrier in
the overall markets in which it
competes—interstate motor coach
passenger charter services in the New
York City metropolitan area, northern
New York, northern New Jersey, and
northern Pennsylvania (the Service
Area). Applicants assert that Aristocrat
directly competes with many other
passenger charter services in the Service
Area, and that there is a competitive
market within the Service Area due to
a large number of charter service
providers. Additionally, Applicants
state that the charter operations offered
by Aristocrat are geographically
dispersed from most of the affiliated
carriers of National Express and that
there is little overlap in service areas
among National Express, its affiliates,
and Aristocrat.
On the basis of the application, the
Board finds that the proposed
acquisition of control 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 website at
WWW.STB.GOV.
It is ordered:
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Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 / Notices
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 April
21, 2018, unless opposing comments are
filed by April 20, 2018.
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: February 28, 2018.
By the Board, Board Members Begeman
and Miller.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018–04537 Filed 3–5–18; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2018–0016]
Pipeline Safety: Information Collection
Activities
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995,
PHMSA invites comments on two
information collections that will be
expiring on May 31, 2018. PHMSA will
request an extension with no change for
the information collections identified by
OMB control numbers 2137–0594 and
2137–0622.
DATES: Interested persons are invited to
submit comments on or before May 7,
2018.
SUMMARY:
Comments may be
submitted in the following ways:
E-Gov website: https://
www.regulations.gov. This site allows
the public to enter comments on any
Federal Register notice issued by any
agency.
Fax: 1–202–493–2251.
Mail: Docket Management Facility;
U.S. Department of Transportation
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ADDRESSES:
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21:39 Mar 05, 2018
Jkt 244001
(DOT), 1200 New Jersey Avenue SE,
West Building, Room W12–140,
Washington, DC 20590–0001.
Hand Delivery: Room W12–140 on the
ground level of DOT, West Building,
1200 New Jersey Avenue SE,
Washington, DC, between 9:00 a.m. and
5:00 p.m., Monday through Friday,
except Federal holidays.
Instructions: Identify the docket
number, PHMSA–2018–0016, at the
beginning of your comments. Note that
all comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided. You
should know that anyone is able to
search the electronic form of all
comments received into any of our
dockets by the name of the individual
submitting the comment (or signing the
comment, if submitted on behalf of an
association, business, labor union, etc.).
Therefore, you may want to review
DOT’s complete Privacy Act Statement
in the Federal Register published on
April 11, 2000 (65 FR 19477) or visit
https://www.regulations.gov before
submitting any such comments.
Docket: For access to the docket or to
read background documents or
comments, go to https://
www.regulations.gov at any time or to
Room W12–140 on the ground level of
DOT, West Building, 1200 New Jersey
Avenue SE, Washington, DC, between
9:00 a.m. and 5:00 p.m., Monday
through Friday, except Federal holidays.
If you wish to receive confirmation of
receipt of your written comments,
please include a self-addressed,
stamped postcard with the following
statement:
‘‘Comments on PHMSA–2018–0016.’’
The Docket Clerk will date stamp the
postcard prior to returning it to you via
the U.S. mail. Please note that due to
delays in the delivery of U.S. mail to
Federal offices in Washington, DC, we
recommend that persons consider an
alternative method (internet, fax, or
professional delivery service) of
submitting comments to the docket and
ensuring their timely receipt at DOT.
FOR FURTHER INFORMATION CONTACT:
Angela Dow by telephone at 202–366–
1246, by fax at 202–366–4566, or by
mail at DOT, PHMSA, 1200 New Jersey
Avenue SE, PHP–30, Washington, DC
20590–0001.
SUPPLEMENTARY INFORMATION: Section
1320.8(d), Title 5, Code of Federal
Regulations, requires PHMSA to provide
interested members of the public and
affected agencies an opportunity to
comment on information collection and
recordkeeping requests. This notice
identifies two information collection
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9573
requests that PHMSA will submit to
OMB for renewal. The following
information is provided for each
information collection: (1) Title of the
information collection; (2) OMB control
number; (3) Current expiration date; (4)
Type of request; (5) Abstract of the
information collection activity; (6)
Description of affected public; (7)
Estimate of total annual reporting and
recordkeeping burden; and (8)
Frequency of collection. PHMSA will
request a three-year term of approval for
each information collection activity.
PHMSA requests comments on the
following information collections:
1. Title: Customer-Owned Service
Lines.
OMB Control Number: 2137–0594.
Current Expiration Date: 5/31/2018.
Type of Request: Renewal of a
currently approved information
collection.
Abstract: This information collection
request requires operators of gas service
lines who do not maintain their
customers’ buried piping between
service lines and building walls or gas
utilization equipment to send written
notices to their customers prescribing
the proper maintenance of these gas
lines and of the potential hazards of not
properly maintaining these gas lines.
Operators also must maintain records
that include a copy of the notice
currently in use and evidence that
notices were sent to customers within
the previous three years. The purpose of
the collection is to provide the Office of
Pipeline Safety with adequate
information about how customer-owned
service lines are being maintained to
prevent the potential hazards associated
with not maintaining the lines.
Examples of sufficient notification
include a prepared notification with the
customer’s bill.
Affected Public: State and local
governments.
Annual Reporting and Recordkeeping
Burden:
Estimated number of responses:
550,000.
Estimated annual burden hours:
9,167.
Frequency of Collection: On occasion.
2. Title: Pipeline Safety: Public
Awareness Program.
OMB Control Number: 2137–0622.
Type of Request: Renewal of a
currently approved information
collection.
Abstract: The Federal Pipeline Safety
Regulations require each operator to
develop and implement a written
continuing public education program
that follows the guidance provided in
the American Petroleum Institute’s
Recommended Practice RP 1162. Upon
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]]>Agencies
[Federal Register Volume 83, Number 44 (Tuesday, March 6, 2018)]
[Notices]
[Pages 9571-9573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04537]
=======================================================================
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SURFACE TRANSPORTATION BOARD
[Docket No. MCF 21080]
National Express Transit Corporation--Acquisition of Control--
Aristocrat Limousine and Bus, Inc.
AGENCY: Surface Transportation Board.
ACTION: Notice Tentatively Approving and Authorizing Finance
Transaction.
-----------------------------------------------------------------------
SUMMARY: On February 5, 2018, National Express Transit Corporation
(National Express), an intrastate passenger motor carrier, and Brenda
Baxter, Richard Wright, and Ralph Wright (collectively, Sellers)
(National Express and Sellers collectively, Applicants), jointly filed
an application for National Express to acquire from Sellers control of
Aristocrat Limousine and Bus, Inc. (Aristocrat), an interstate and
intrastate 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 April 20, 2018. Applicants may file a
reply by May 7, 2018. If no opposing comments are filed by April 20,
2018, this notice shall be effective on April 21, 2018.
ADDRESSES: Send an original and 10 copies of any comments referring to
Docket No. MCF 21080 to: Surface Transportation Board, 395 E Street SW,
Washington, DC 20423-0001. In addition, send one copy of comments to:
Andrew K. Light, Scopelitis, Garvin, Light, Hanson & Feary, P.C., 10 W.
Market Street, Suite 1400, Indianapolis, IN 46204.
FOR FURTHER INFORMATION CONTACT: Nathaniel Bawcombe at (202) 245-0376.
Federal Information Relay Service (FIRS) for the hearing impaired: 1-
800-877-8339.
SUPPLEMENTARY INFORMATION: National Express is a motor carrier
incorporated under the laws of Delaware that provides intrastate
passenger transportation service and utilizes approximately 774
passenger-carrying vehicles and 855 drivers. Additionally, National
Express, which does not have interstate authority from the Federal
Motor Carrier Safety Administration (FMCSA), owns and controls two
passenger motor carriers that do hold FMCSA interstate carrier
authority: Rainbow Management Service Inc. (Rainbow) (MC-490015), which
provides interstate and intrastate charter and special party passenger
services in New York, and Trans Express, Inc. (Trans Express) (MC-
187819), which provides interstate and intrastate passenger
transportation services in New York. National Express is indirectly
controlled by a British corporation, National Express Group, PLC
(Express Group). Express Group also indirectly controls the following
interstate and intrastate motor carriers of passengers (collectively,
National Express Affiliated Carriers):
Beck Bus Transportation Corp., which holds interstate
carrier authority (MC-143528), is primarily engaged in providing
student school bus transportation services in Illinois;
Durham School Services, L.P., which holds interstate
carrier authority (MC-163066), is primarily engaged in
[[Page 9572]]
providing student school bus transportation services in several states,
and charter passenger services to the public;
MV Student Transportation Inc., which holds interstate
carrier authority (MC-148934), is primarily engaged in providing
student school bus transportation services, and charter passenger
services to the public;
National Express Transit--Yuma (NETY), which holds
interstate carrier authority (MC-960629), is primarily engaged in
providing paratransit services in the area of Yuma, Ariz.;
Petermann Ltd., which holds interstate carrier authority
(MC-364668), is primarily engaged in providing non-regulated school bus
transportation services in Ohio, and charter passenger services to the
public;
Petermann Northeast LLC, which holds interstate carrier
authority (MC-723926), is primarily engaged in providing student school
bus transportation services, primarily in Ohio and Pennsylvania, and
also provides charter passenger services to the public;
Petermann Southwest LLC, which holds interstate carrier
authority (MC-644996), is primarily engaged in providing non-regulated
school bus transportation services in Texas, and also provides charter
passenger services to the public;
Petermann STSA, LLC, which holds interstate carrier
authority (MC-749360), is primarily engaged in providing non-regulated
school bus transportation services, primarily in Kansas, and also
provides charter passenger services to the public;
The Provider Enterprises, Inc. d/b/a Provider Bus, which
holds interstate carrier authority (MC-986909), is primarily engaged in
providing non-regulated school bus transportation services in New
Hampshire;
Queen City Transportation, LLC, which holds interstate
carrier authority (MC-163846), is primarily engaged in providing non-
regulated school bus transportation in Ohio, and charter passenger
services to the public;
Trinity, Inc., which holds interstate carrier authority
(MC-364003), provides non-regulated school bus transportation services
in southeastern Michigan, and charter service to the public;
Trinity Student Delivery LLC, which holds interstate
carrier authority (MC-836335), primarily provides non-regulated school
bus transportation services in areas of northern Ohio, and passenger
charter services to the public; and
White Plains Bus Company, Inc., d/b/a Suburban Charters,
which holds interstate carrier authority (MC-160624), primarily
provides non-regulated school bus transportation services in New York,
and charter service to the public.
Aristocrat, a motor carrier of passengers, is a New Jersey
corporation that holds interstate carrier authority (MC-173839). It
provides intrastate and interstate passenger charter services in New
Jersey, as well as interstate passenger charter services in New York
and Pennsylvania. In providing its services, Aristocrat utilizes 33
passenger vehicles and 28 drivers. Sellers hold all the issued and
outstanding equity stock of Aristocrat.
Applicants state that the proposed transaction would place
Aristocrat under the control of National Express. The proposed
transaction contemplates that National Express would assume 100%
control of Aristocrat through stock ownership. According to Applicants,
after the transaction, Aristocrat would continue to provide services
under the same name but would be operated within the National Express
corporate family. Applicants assert that Aristocrat is experienced in
the passenger service markets already served by National Express and
some of its affiliated 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. Applicants have 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, pursuant to 49 U.S.C. 14303(g), that Rainbow,
Trans Express, the National Express Affiliated Carriers, and Aristocrat
exceeded $2 million in gross operating revenues for the preceding 12-
month period.\1\
---------------------------------------------------------------------------
\1\ Parties must certify that its transaction involves carriers
whose aggregate gross operating revenues exceed $2 million, as
required under 49 CFR 1182.2(a)(5).
---------------------------------------------------------------------------
Applicants submit that the proposed transaction would not have a
material, detrimental impact on the adequacy of transportation services
to the public but rather would improve services to the public.
According to Applicants, National Express does not intend to change the
operations of Aristocrat but would operate it within the National
Express corporate family, which, National Express states, would enhance
the overall viability of the carriers within the corporate family.
National Express anticipates that the proposed transaction would result
in operating efficiencies and cost savings derived from economies of
scale, which would help ensure adequate service to the public.
Applicants state that there are no significant fixed charges
associated with the proposed transaction.
Applicants also assert that because National Express intends to
continue Aristocrat's existing operations, the proposed transaction
would not have a substantial impact on employees or labor conditions,
although staffing redundancies could potentially result in limited
downsizing of back-office and/or managerial-level personnel.
Applicants further assert that the proposed transaction would not
adversely affect competition or the public interest. Applicants claim
that Aristocrat is a relatively small carrier in the overall markets in
which it competes--interstate motor coach passenger charter services in
the New York City metropolitan area, northern New York, northern New
Jersey, and northern Pennsylvania (the Service Area). Applicants assert
that Aristocrat directly competes with many other passenger charter
services in the Service Area, and that there is a competitive market
within the Service Area due to a large number of charter service
providers. Additionally, Applicants state that the charter operations
offered by Aristocrat are geographically dispersed from most of the
affiliated carriers of National Express and that there is little
overlap in service areas among National Express, its affiliates, and
Aristocrat.
On the basis of the application, the Board finds that the proposed
acquisition of control 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 website at
WWW.STB.GOV.
It is ordered:
[[Page 9573]]
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 April 21, 2018, unless opposing
comments are filed by April 20, 2018.
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: February 28, 2018.
By the Board, Board Members Begeman and Miller.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018-04537 Filed 3-5-18; 8:45 am]
BILLING CODE 4915-01-P
