Winthrop Sargent, John Cogliano, and Paul Fuerst-Acquisition of Control-Plymouth and Brockton Street Railway Company, Brush Hill Transportation Company, and McGinn Bus Company, Inc., 410-412 [2019-28283]
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Federal Register / Vol. 85, No. 2 / Friday, January 3, 2020 / Notices
point of connection with the Central
Railroad Company of Indiana’s (CIND)
Westport Industrial Track near CIND
milepost 225.0) to milepost 64.80, also
at Craig (near the intersection of N
County Road 250 W and West Base
Road).
According to the verified notice of
exemption, PLRI is a subsidiary of
Lowe’s Pellets & Grain, Inc. (Lowe’s).
PLRI states that CIND had operated over
the Line to provide direct rail service to
Lowe’s for several years but recently
declined to provide service, advising
Lowe’s that it appeared that the Line
was owned by Conrail, not CIND.
Lowe’s created PLRI to purchase the
Line from Conrail, which confirmed its
ownership of the Line. PLRI states that,
although it may elect to provide
common carrier service itself should the
need arise, it contemplates reaching an
accord with CIND under which CIND
would resume switching operations
over the Line.
PLRI certifies that its projected annual
revenues are not expected to exceed $5
million, and will not exceed those that
would qualify it as a Class III rail
carrier. PLRI further certifies that the
proposed transaction does not involve
any provision or agreement that would
limit future interchange with a thirdparty connecting carrier.
The transaction may be consummated
on or after January 19, 2020, the
effective date of the exemption (30 days
after the verified notice was filed).
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 January 10, 2020 (at
least seven days before the exemption
becomes effective).
All pleadings, referring to Docket No.
FD 36366, must be filed with the
Surface Transportation Board either via
e-filing or in writing addressed to 395 E
Street SW, Washington, DC 20423–0001.
In addition, a copy of each pleading
must be served on PLRI’s representative,
Robert A. Wimbish, Fletcher & Sippel
LLC, 29 North Wacker Drive, Suite 800,
Chicago, IL 60606–3208.
According to PLRI, this action is
categorically excluded from
environmental review under 49 CFR
1105.6(c) and from historic preservation
reporting requirements under 49 CFR
1105.8(b)(1).
Board decisions and notices are
available at www.stb.gov.
Decided: December 27, 2019.
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By the Board, Allison C. Davis, Director,
Office of Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2019–28392 Filed 1–2–20; 8:45 am]
BILLING CODE 4915–01–P
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36377]
BNSF Railway Company—Trackage
Rights Exemption—Union Pacific
Railroad Company
BNSF Railway Company (BNSF), a
Class I rail carrier, has filed a verified
notice of exemption under 49 CFR
1180.2(d)(7) for its acquisition of
restricted, local, temporary trackage
rights over two rail lines owned by
Union Pacific Railroad Company (UP)
between: (1) UP milepost 93.2 at
Stockton, Cal., on UP’s Oakland
Subdivision, and UP milepost 219.4 at
Elsey, Cal., on UP’s Canyon
Subdivision, a distance of 126.2 miles;
and (2) UP milepost 219.4 at Elsey and
UP milepost 280.7 at Keddie, Cal., on
UP’s Canyon Subdivision, a distance of
61.3 miles (collectively, the Lines).
Pursuant to a written temporary
trackage rights agreement, UP has
agreed to grant restricted trackage rights
to BNSF over the Lines. The purpose of
this transaction is to permit BNSF to
move empty and loaded unit ballast
trains to and from the ballast pit at
Elsey, which is adjacent to the Lines.
The agreement provides that the
trackage rights are temporary in nature
and are scheduled to expire on
December 31, 2020.1
The transaction may be consummated
on or after January 19, 2020, the
effective date of the exemption (30 days
after the verified notice was filed).
As a condition to this exemption, any
employees affected by the acquisition of
the trackage rights will be protected by
the conditions imposed in Norfolk &
Western Railway—Trackage Rights—
Burlington Northern, Inc., 354 I.C.C. 605
(1978), as modified in Mendocino Coast
Railway—Lease & Operate—California
Western Railroad, 360 I.C.C. 653 (1980).
If the notice contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
1 BNSF states that, because the trackage rights are
for local rather than overhead traffic, it is not filing
under the Board’s class exemption for temporary
overhead trackage rights under 49 CFR 1180.2(d)(8).
Instead, BNSF has filed under the trackage rights
class exemption at section summary 1180.2(d)(7).
BNSF states that it will file a petition for partial
revocation of this exemption to permit these
proposed trackage rights to expire at midnight on
December 31, 2020, as provided in the agreement.
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may be filed at any time. The filing of
a petition to revoke will not
automatically stay the effectiveness of
the exemption. Petitions for stay must
be filed no later than January 10, 2020
(at least seven days before the
exemption becomes effective).
All pleadings, referring to Docket No.
FD 36377, must be filed with the
Surface Transportation Board either via
e-filing or in writing addressed to 395 E
Street SW, Washington, DC 20423–0001.
In addition, a copy of each pleading
must be served on BNSF’s
representative, Peter W. Denton, Steptoe
& Johnson LLP, 1330 Connecticut
Avenue NW, Washington, DC 20036.
According to BNSF, this action is
categorically excluded from
environmental review under 49 CFR
1105.6(c)(3) and from historic
preservation reporting requirements
under 49 CFR 1105.8(b)(3).
Board decisions and notices are
available at www.stb.gov.
Decided: December 27, 2019.
By the Board, Allison C. Davis, Director,
Office of Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2019–28396 Filed 1–2–20; 8:45 am]
BILLING CODE 4915–01–P
SURFACE TRANSPORTATION BOARD
[Docket No. MCF 21089]
Winthrop Sargent, John Cogliano, and
Paul Fuerst—Acquisition of Control—
Plymouth and Brockton Street Railway
Company, Brush Hill Transportation
Company, and McGinn Bus Company,
Inc.
Surface Transportation Board.
Notice tentatively approving
and authorizing finance transaction.
AGENCY:
ACTION:
On December 6, 2019,
Winthrop Sargent (Sargent), John
Cogliano (Cogliano), and Paul Fuerst
(Fuerst) (collectively, Applicants), all
noncarriers, filed an application for
authority after-the-fact to acquire
control of Plymouth and Brockton Street
Railway Company (P&B), Brush Hill
Transportation Company (Brush Hill),
and McGinn Bus Company, Inc.
(McGinn), from George S. Anzuoni and
Richard W. Anzuoni (collectively,
Sellers). The Board is tentatively
approving and granting after-the-fact
authorization of 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 Board
regulations.
SUMMARY:
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Federal Register / Vol. 85, No. 2 / Friday, January 3, 2020 / Notices
Comments may be filed by
February 18, 2020. If any comments are
filed, Applicants may file a reply by
March 2, 2020. If no opposing
comments are filed by February 18,
2020, this notice shall be effective on
February 19, 2020.
ADDRESSES: Comments may be filed
with the Board either via e-filing or in
writing addressed to: Surface
Transportation Board, 395 E Street SW,
Washington, DC 20423–0001. In
addition, send one copy of comments to
Applicants’ representative: Matthew J.
Warren, Sidley Austin LLP, 1501 K
Street NW, Washington, DC 20005.
FOR FURTHER INFORMATION CONTACT:
Amy Ziehm at (202) 245–0391.
Assistance for the hearing impaired is
available through the Federal Relay
Service at (800) 877–8339.
SUPPLEMENTARY INFORMATION: According
to the application, Applicants are three
individuals, ‘‘none of whom is a
passenger motor carrier’’ or owns any
other interest in a passenger motor
carrier, and Sellers are two individuals
who also are noncarriers and do not
hold any other interest in regulated
passenger motor carriers. (Appl. 2–3.)
Under the transaction, Sellers have
transferred to Applicants 69% of the
stock in P&B 1 and 100% of the stock in
Brush Hill and McGinn.2 (Id. at 3.)
Specifically, Sargent has acquired
35.19% of P&B’s outstanding stock and
51% of the stock in Brush Hill and
McGinn; Cogliano has acquired 20.7%
of P&B’s outstanding stock and 30% of
the stock in Brush Hill and McGinn; and
Fuerst has acquired 13.11% of P&B’s
outstanding stock and 19% of the stock
in Brush Hill and McGinn. (Id.)
Applicants provide the following
description of the three carriers:
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DATES:
1 The remaining 31% of P&B’s outstanding stock
is owned by approximately 50 individual
stockholders who are not parties to the instant
transaction. (Appl. 1, n.1.)
2 Applicants received state regulatory approval
from the Massachusetts Department of Public
Utilities to acquire a controlling interest of the
motor carriers on May 13, 2019. (Id. at 2, 6.)
Applicants state that they recognize that their
application should have been filed with the Board
prior to consummation of the transaction. (Id. at 2.)
Applicants state that they inadvertently did not
seek Board approval because of a misunderstanding
and a belief that they only required approval from
the state regulatory authorities. (Id.) Applicants ask
the Board to allow them to correct this oversight by
granting this after-the-fact approval of their
acquisition of control over the three motor carriers.
(Id.) The Board has permitted parties to obtain afterthe-fact licensing authority for a transaction when
the failure to seek approval was done without
malice and by mistake. See Allied Indus. Dev.
Corp.—Pet. for Declaratory Order, FD 35477, slip
op. at 6 (STB served Sept. 17, 2015) (citing Gen.
Ry.—Exemption for Acquis. of R.R. Line—in
Osceola & Dickinson Ctys., Iowa., FD 34867, slip
op. at 5 (STB served June 15, 2007)).
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17:29 Jan 02, 2020
Jkt 250001
• P&B provides local and regional
passenger bus service in interstate and
intrastate commerce throughout the
Commonwealth of Massachusetts and
the northeastern United States. It has a
fleet of 30 owned and seven leased fullsize coaches, three trolleys, and one
service truck. (Id. at 4.)
• Brush Hill provides local and
regional passenger bus service in
interstate and intrastate commerce
throughout the Commonwealth of
Massachusetts and the northeastern
United States. It has a fleet of six fullsize coaches and four trolleys. (Id. at 4–
5.)
• McGinn provides local and regional
passenger bus service in interstate and
intrastate commerce throughout the
Commonwealth of Massachusetts and
the northeastern United States. It has a
fleet of 10 full-size coaches and one
service truck. (Id. at 5.) 3
Applicants claim that the transaction
would have no impact or adverse effect
on available transportation options or
level of competition in the motor
passenger carrier sector. (Id. at 1.) They
plan to manage the assets with the goal
of continuing to provide safe and
reliable motor passenger transportation.
(Id.) They state that they have no
current plans to materially alter the
service available to the public, revise
the controls that are in place to ensure
the continued safety and reliability of
that service, or make any significant
changes that would adversely affect the
motor carriers’ employees or customers.
(Id. at 1–2.)
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 transaction is
consistent with the public interest
under 49 U.S.C. 14303(b), see 49 CFR
1182.2(a)(7), and a jurisdictional
statement under 49 U.S.C. 14303(g) that
the aggregate gross operating revenues
of the involved carriers exceeded $2
million during the 12-month period
immediately preceding the filing of the
application, see 49 CFR 1182.2(a)(5).
3 Additional information about these motor
carriers, including U.S. Department of
Transportation (USDOT) numbers, motor carrier
numbers, and USDOT safety fitness ratings, can be
found in the application. (See Appl. 4–5; id. at Ex.
1.)
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411
Applicants assert that the transaction
will have a positive effect on the
adequacy of transportation services for
the public. Applicants state that they
currently have no intention of
materially altering the nature, extent, or
frequency of the service provided by the
motor carriers. (Id. at 7.) The carriers
will continue to operate as they have
been, albeit under new ownership. (Id.)
According to the application, all of the
motor carriers’ systems will remain in
place, as will management experienced
in the operation of bus companies. (Id.)
In the long term, Applicants state that
they plan to modernize the motor
carriers’ fleet of vehicles and invest in
technological upgrades and
improvements. (Id.) Because Applicants
control no other carriers, they assert that
there will be no negative impact on
competition. (Id.)
Applicants also maintain that the
transaction will not affect fixed charges.
(Id. at 8.) They state that the stock of the
motor carriers has been acquired by
Applicants individually, by and through
their own personal financing. (Id.) No
funds will be borrowed to finance the
transaction, and therefore, no fixed
charged will be incurred by the motor
carriers. (Id.)
Finally, Applicants assert that there
will be no material effect on employee
or labor conditions. (Id.) They state that
the transaction does not envision any
immediate change in the day-to-day
operations of the motor carriers that
could negatively impact employees. (Id.)
Applicants state that all existing
employees, contracts, and programs
currently in place will remain, subject
to changing market and business
demands in the future. (Id.)
The Board finds that the acquisition
as described in the application is
consistent with the public interest and
should be tentatively approved and
authorized after-the-fact. If any
opposing comments are timely filed,
these findings will be deemed vacated,
and, if a final decision cannot be made
on the record as developed, a
procedural schedule will be adopted to
reconsider the application. See 49 CFR
1182.6. 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 at www.stb.gov.
It is ordered:
1. The transaction is approved and
authorized after-the-fact, subject to the
filing of opposing comments.
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Federal Register / Vol. 85, No. 2 / Friday, January 3, 2020 / Notices
2. If opposing comments are timely
filed, the findings made in this notice
will be deemed vacated.
3. This notice will be effective
February 19, 2020, unless opposing
comments are filed by February 18,
2020.
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: December 23, 2019.
By the Board, Board Members Begeman,
Fuchs, and Oberman.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2019–28283 Filed 1–2–20; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2019–0094; Notice 1]
Porsche Cars North America, Inc.,
Receipt of Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
AGENCY:
Porsche Cars North America,
Inc. has determined that certain model
year (MY) 2018 Porsche 911 GT3 motor
vehicles do not fully comply with
Federal Motor Vehicle Safety Standard
(FMVSS) No. 108, Lamps, reflective
devices, and associated equipment.
Porsche filed a noncompliance report
dated July 24, 2019. Porsche
subsequently petitioned NHTSA on
August 20, 2019, for a decision that the
subject noncompliance is
inconsequential as it relates to motor
vehicle safety. This document
announces receipt of Porsche’s petition.
DATES: The closing date for comments
on the petition is February 3, 2020.
ADDRESSES: Interested persons are
invited to submit written data, views,
and arguments on this petition.
Comments must refer to the docket
number and notice number cited in the
title of this notice and may be submitted
by any of the following methods:
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SUMMARY:
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• Mail: Send comments by mail
addressed to the U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver comments
by hand to the U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590. The Docket
Section is open on weekdays from 10
a.m. to 5 p.m. except for Federal
Holidays.
• Electronically: Submit comments
electronically by logging onto the
Federal Docket Management System
(FDMS) website at https://
www.regulations.gov/. Follow the online
instructions for submitting comments.
• Comments may also be faxed to
(202) 493–2251.
Comments must be written in the
English language, and be no greater than
15 pages in length, although there is no
limit to the length of necessary
attachments to the comments. If
comments are submitted in hard copy
form, please ensure that two copies are
provided. If you wish to receive
confirmation that comments you have
submitted by mail were received, please
enclose a stamped, self-addressed
postcard with the comments. Note that
all comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
All comments and supporting
materials received before the close of
business on the closing date indicated
above will be filed in the docket and
will be considered. All comments and
supporting materials received after the
closing date will also be filed and will
be considered to the fullest extent
possible.
When the petition is granted or
denied, a notice of the decision will also
be published in the Federal Register
pursuant to the authority indicated at
the end of this notice.
All comments, background
documentation, and supporting
materials submitted to the docket may
be viewed by anyone at the address and
times given above. The documents may
also be viewed on the internet at https://
www.regulations.gov by following the
online instructions for accessing the
dockets. The docket ID number for this
petition is shown in the heading of this
notice.
DOT’s complete Privacy Act
Statement is available for review in a
Federal Register notice published on
April 11, 2000 (65 FR 19477–78).
SUPPLEMENTARY INFORMATION:
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I. Overview: Porsche has determined
that certain MY 2018 Porsche 911 GT3
motor vehicles do not fully comply with
Paragraph S8.1.4 and Table I–a of
FMVSS No. 108, Lamps, reflective
devices, and associated equipment. (49
CFR 571.108). Porsche filed a
noncompliance report dated July 24,
2019, pursuant to 49 CFR part 573,
Defect and Noncompliance
Responsibility and Reports. Porsche
subsequently petitioned NHTSA on
August 20, 2019, for an exemption from
the notification and remedy
requirements of 49 U.S.C. Chapter 301
on the basis that this noncompliance is
inconsequential as it relates to motor
vehicle safety, pursuant to 49 U.S.C.
30118(d) and 30120(h) and 49 CFR part
556, Exemption for Inconsequential
Defect or Noncompliance.
This notice of receipt of Porsche’s
petition is published under 49 U.S.C.
30118 and 30120 and does not represent
any Agency decision or other exercises
of judgment concerning the merits of the
petition.
II. Vehicles Involved: Approximately
2,610 MY 2018 Porsche 911 GT3 motor
vehicles, manufactured between August
30, 2017, and December 21, 2018, are
potentially involved.
III. Noncompliance: Porsche explains
that the noncompliance is that the
subject vehicles are equipped with rear
reflex reflectors that do not meet the
height requirements as specified in
paragraph S8.1.4 and Table I–a of
FMVSS No. 108. Specifically, the rear
reflex reflectors are mounted
approximately 0.20 inches below the
required 15 inches above road surface.
The actual height is approximately 14.8
inches.
IV. Rule Requirements: Paragraph
S8.1.4 and Table I–a of FMVSS No. 108
includes the requirements relevant to
this petition. The reflective devices
should not be mounted less than 15
inches, and no more than 60 inches in
height.
V. Summary of Porsche’s Petition:
The following views and arguments
presented in this section, V. Summary
of Porsche’s Petition, are the views and
arguments provided by Porsche. They
have not been evaluated by the Agency
and do not reflect the views of the
Agency.
Porsche described the subject
noncompliance and stated that the
noncompliance is inconsequential as it
relates to motor vehicle safety.
Porsche submitted the following
views and arguments in support of the
petition:
1. The installation height
requirements of reflex reflectors as
defined by paragraph S8.1.4 of FMVSS
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]]>Agencies
[Federal Register Volume 85, Number 2 (Friday, January 3, 2020)]
[Notices]
[Pages 410-412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28283]
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SURFACE TRANSPORTATION BOARD
[Docket No. MCF 21089]
Winthrop Sargent, John Cogliano, and Paul Fuerst--Acquisition of
Control--Plymouth and Brockton Street Railway Company, Brush Hill
Transportation Company, and McGinn Bus Company, Inc.
AGENCY: Surface Transportation Board.
ACTION: Notice tentatively approving and authorizing finance
transaction.
-----------------------------------------------------------------------
SUMMARY: On December 6, 2019, Winthrop Sargent (Sargent), John Cogliano
(Cogliano), and Paul Fuerst (Fuerst) (collectively, Applicants), all
noncarriers, filed an application for authority after-the-fact to
acquire control of Plymouth and Brockton Street Railway Company (P&B),
Brush Hill Transportation Company (Brush Hill), and McGinn Bus Company,
Inc. (McGinn), from George S. Anzuoni and Richard W. Anzuoni
(collectively, Sellers). The Board is tentatively approving and
granting after-the-fact authorization of 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 Board
regulations.
[[Page 411]]
DATES: Comments may be filed by February 18, 2020. If any comments are
filed, Applicants may file a reply by March 2, 2020. If no opposing
comments are filed by February 18, 2020, this notice shall be effective
on February 19, 2020.
ADDRESSES: Comments may be filed with the Board either via e-filing or
in writing addressed to: Surface Transportation Board, 395 E Street SW,
Washington, DC 20423-0001. In addition, send one copy of comments to
Applicants' representative: Matthew J. Warren, Sidley Austin LLP, 1501
K Street NW, Washington, DC 20005.
FOR FURTHER INFORMATION CONTACT: Amy Ziehm at (202) 245-0391.
Assistance for the hearing impaired is available through the Federal
Relay Service at (800) 877-8339.
SUPPLEMENTARY INFORMATION: According to the application, Applicants are
three individuals, ``none of whom is a passenger motor carrier'' or
owns any other interest in a passenger motor carrier, and Sellers are
two individuals who also are noncarriers and do not hold any other
interest in regulated passenger motor carriers. (Appl. 2-3.) Under the
transaction, Sellers have transferred to Applicants 69% of the stock in
P&B \1\ and 100% of the stock in Brush Hill and McGinn.\2\ (Id. at 3.)
Specifically, Sargent has acquired 35.19% of P&B's outstanding stock
and 51% of the stock in Brush Hill and McGinn; Cogliano has acquired
20.7% of P&B's outstanding stock and 30% of the stock in Brush Hill and
McGinn; and Fuerst has acquired 13.11% of P&B's outstanding stock and
19% of the stock in Brush Hill and McGinn. (Id.)
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\1\ The remaining 31% of P&B's outstanding stock is owned by
approximately 50 individual stockholders who are not parties to the
instant transaction. (Appl. 1, n.1.)
\2\ Applicants received state regulatory approval from the
Massachusetts Department of Public Utilities to acquire a
controlling interest of the motor carriers on May 13, 2019. (Id. at
2, 6.) Applicants state that they recognize that their application
should have been filed with the Board prior to consummation of the
transaction. (Id. at 2.) Applicants state that they inadvertently
did not seek Board approval because of a misunderstanding and a
belief that they only required approval from the state regulatory
authorities. (Id.) Applicants ask the Board to allow them to correct
this oversight by granting this after-the-fact approval of their
acquisition of control over the three motor carriers. (Id.) The
Board has permitted parties to obtain after-the-fact licensing
authority for a transaction when the failure to seek approval was
done without malice and by mistake. See Allied Indus. Dev. Corp.--
Pet. for Declaratory Order, FD 35477, slip op. at 6 (STB served
Sept. 17, 2015) (citing Gen. Ry.--Exemption for Acquis. of R.R.
Line--in Osceola & Dickinson Ctys., Iowa., FD 34867, slip op. at 5
(STB served June 15, 2007)).
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Applicants provide the following description of the three carriers:
P&B provides local and regional passenger bus service in
interstate and intrastate commerce throughout the Commonwealth of
Massachusetts and the northeastern United States. It has a fleet of 30
owned and seven leased full-size coaches, three trolleys, and one
service truck. (Id. at 4.)
Brush Hill provides local and regional passenger bus
service in interstate and intrastate commerce throughout the
Commonwealth of Massachusetts and the northeastern United States. It
has a fleet of six full-size coaches and four trolleys. (Id. at 4-5.)
McGinn provides local and regional passenger bus service
in interstate and intrastate commerce throughout the Commonwealth of
Massachusetts and the northeastern United States. It has a fleet of 10
full-size coaches and one service truck. (Id. at 5.) \3\
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\3\ Additional information about these motor carriers, including
U.S. Department of Transportation (USDOT) numbers, motor carrier
numbers, and USDOT safety fitness ratings, can be found in the
application. (See Appl. 4-5; id. at Ex. 1.)
---------------------------------------------------------------------------
Applicants claim that the transaction would have no impact or
adverse effect on available transportation options or level of
competition in the motor passenger carrier sector. (Id. at 1.) They
plan to manage the assets with the goal of continuing to provide safe
and reliable motor passenger transportation. (Id.) They state that they
have no current plans to materially alter the service available to the
public, revise the controls that are in place to ensure the continued
safety and reliability of that service, or make any significant changes
that would adversely affect the motor carriers' employees or customers.
(Id. at 1-2.)
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 transaction is
consistent with the public interest under 49 U.S.C. 14303(b), see 49
CFR 1182.2(a)(7), and a jurisdictional statement under 49 U.S.C.
14303(g) that the aggregate gross operating revenues of the involved
carriers exceeded $2 million during the 12-month period immediately
preceding the filing of the application, see 49 CFR 1182.2(a)(5).
Applicants assert that the transaction will have a positive effect
on the adequacy of transportation services for the public. Applicants
state that they currently have no intention of materially altering the
nature, extent, or frequency of the service provided by the motor
carriers. (Id. at 7.) The carriers will continue to operate as they
have been, albeit under new ownership. (Id.) According to the
application, all of the motor carriers' systems will remain in place,
as will management experienced in the operation of bus companies. (Id.)
In the long term, Applicants state that they plan to modernize the
motor carriers' fleet of vehicles and invest in technological upgrades
and improvements. (Id.) Because Applicants control no other carriers,
they assert that there will be no negative impact on competition. (Id.)
Applicants also maintain that the transaction will not affect fixed
charges. (Id. at 8.) They state that the stock of the motor carriers
has been acquired by Applicants individually, by and through their own
personal financing. (Id.) No funds will be borrowed to finance the
transaction, and therefore, no fixed charged will be incurred by the
motor carriers. (Id.)
Finally, Applicants assert that there will be no material effect on
employee or labor conditions. (Id.) They state that the transaction
does not envision any immediate change in the day-to-day operations of
the motor carriers that could negatively impact employees. (Id.)
Applicants state that all existing employees, contracts, and programs
currently in place will remain, subject to changing market and business
demands in the future. (Id.)
The Board finds that the acquisition as described in the
application is consistent with the public interest and should be
tentatively approved and authorized after-the-fact. If any opposing
comments are timely filed, these findings will be deemed vacated, and,
if a final decision cannot be made on the record as developed, a
procedural schedule will be adopted to reconsider the application. See
49 CFR 1182.6. 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 at www.stb.gov.
It is ordered:
1. The transaction is approved and authorized after-the-fact,
subject to the filing of opposing comments.
[[Page 412]]
2. If opposing comments are timely filed, the findings made in this
notice will be deemed vacated.
3. This notice will be effective February 19, 2020, unless opposing
comments are filed by February 18, 2020.
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: December 23, 2019.
By the Board, Board Members Begeman, Fuchs, and Oberman.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2019-28283 Filed 1-2-20; 8:45 am]
BILLING CODE 4915-01-P
