Terry W. Fischer & TKRG Holdings Inc.-Acquisition of Control-Royal Coach Tours, 56686-56687 [2023-17791]
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Federal Register / Vol. 88, No. 159 / Friday, August 18, 2023 / Notices
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[FR Doc. 2023–17761 Filed 8–17–23; 8:45 am]
BILLING CODE 4710–51–P
SURFACE TRANSPORTATION BOARD
[Docket No. MCF 21109]
Terry W. Fischer & TKRG Holdings
Inc.—Acquisition of Control—Royal
Coach Tours
Surface Transportation Board.
Notice tentatively approving
and authorizing finance transaction.
AGENCY:
ACTION:
On July 21, 2023, Terry W.
Fischer (Fischer) and TKRG Holdings
Inc. (TKRG) (collectively, Applicants)
filed an application to acquire from
Daniel K. Smith and Sandra S. Allen
(Individual Sellers) and New Holdco, a
to-be-formed California corporation,
control of all the outstanding equity
interests of Royal Coach Tours (Royal),
a 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.
DATES: Comments may be filed by
October 2, 2023. If any comments are
filed, Applicants may file a reply by
October 17, 2023. If no opposing
comments are filed by October 2, 2023,
this notice will be final on October 3,
2023.
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
Comments may be filed
with the Board either via e-filing on the
ADDRESSES:
VerDate Sep<11>2014
18:26 Aug 17, 2023
Jkt 259001
Board’s website or mailing to the
Board’s offices and must reference
Docket No. MCF 21109. Comments may
be filed at www.stb.gov/proceedingsactions/e-filing/other-filings/. Mailed
comments may be sent to: Surface
Transportation Board, 395 E Street SW,
Washington, DC 20423–0001. In
addition, one copy of comments must be
sent to Applicants’ representative:
Andrew K. Light, Scopelitis, Garvin,
Light, Hanson & Feary, P.C., 10 W
Market Street, Suite 1400, Indianapolis,
IN 46204.
FOR FURTHER INFORMATION CONTACT:
Amanda Gorski at (202) 245–0291. If
you require an accommodation under
the Americans with Disabilities Act,
please call (202) 245–0245.
SUPPLEMENTARY INFORMATION: According
to the application, Fischer is an
individual resident of the state of
California and directly owns and
controls all of the equity and voting
interest of Transportation Charter
Services, Inc. (TCS). (Appl. 2.) TKRG is
a Delaware limited liability company,
headquartered in California, and
indirectly controlled by Fischer. (Id.)
Applicants state that neither applicant
is a federally regulated passenger motor
carrier, and other than Fischer, none of
the entities or persons having direct or
indirect interests in TKRG control any
federally regulated interstate passenger
motor carrier.1 (Id. at 2–3.)
TCS is an interstate passenger motor
carrier that holds interstate carrier
operating authority under FMCSA
Docket No. MC–229775 and a USDOT
safety rating of ‘‘Satisfactory.’’ (Id. at 2;
id. at Ex. B.) TCS provides charter bus
services in Southern California for thirdparty tour operators, private party
charters, and school groups. (Id. at 3.)
TCS also provides motor coach
transportation services, primarily
focused on charter bus services for
third-party tour operators and private
group outings, in the Canadian Rockies
Area of Alberta, Canada. (Id.) In
addition, TCS provides limited
contractual employee shuttle service
employees at the San Diego
1 According to the application, as of the closing
of the transaction, the outstanding shares of TKRG
will be held by RCTB, LLC (RCTB), a Delaware
limited liability company; the outstanding
membership interests in RCTB will be held by
TFKF 50 Holdings LLC (TFKF) (67.5%), Blue Fin
Equity Partners LLP (Blue Fin) (22.5%), and GHSG,
LLC (GHSG) (10%); the outstanding membership
interests in TFKF will be held by Fischer (51%) and
Fischer’s brother, Kevin Fischer (49%); the
partnership interests in Blue Fin will be controlled
by Remi Poissant and Jane Poissant; and the
membership interest in GHSG will be owned and
controlled by Greg Gallup, an individual and
current management employee of Royal. (Appl. 2;
id. at Ex. C (chart of the organizational structure of
the Royal Coach Tours, post-transaction).)
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Fmt 4703
Sfmt 4703
International Airport during on-going
construction projects. (Id.)
Individual Sellers are current
shareholders of Royal and are
noncarriers that do not control any
federally regulated passenger motor
carrier other than Royal. (Id. at 4.)
Immediately prior to the sale of Royal,
Individual Sellers will effect a
reorganization of Royal such that Royal
will become a California limited
liability company wholly owned by
New Holdco, a to-be-formed
corporation, which will be wholly
owned by Individual Sellers. (Id. at 4.)
Royal is a California corporation,
headquartered in California, that holds
interstate carrier operating authority
under FMCSA Docket No. MC–142846
and a USDOT safety rating of
‘‘Satisfactory,’’ as well as intrastate
charter-party operating authority issued
by the California Public Utilities
Commission and intrastate charter bus
authority issued by the Nevada
Transportation Authority. (Id.) Royal
provides motor coach charter
transportation services from its terminal
facilities located in San Jose, Cal. (Bay
Area), Las Vegas, Nev., and Phoenix,
Ariz. (Id. at 4–5.) Royal also provides a
limited amount of intrastate employee
commuter shuttle services for employers
in the Bay Area. (Id. at 5.) In providing
these services, Royal utilizes
approximately 73 motor coaches and 1
minibus, and approximately 115
drivers. (Id.) Applicants state that these
services do not overlap with the
geographic area of service offerings of
TCS. (Id.)
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), 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 TCS and Royal exceeded $2 million
during the 12-month period
immediately preceding the filing of the
application, see 49 CFR 1182.2(a)(5).
Applicants state that the transaction is
not expected to have a material,
detrimental impact on the adequacy of
transportation services available for the
public, as the services Royal currently
provides will continue to be provided
E:\FR\FM\18AUN1.SGM
18AUN1
lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 159 / Friday, August 18, 2023 / Notices
by Royal under the same name and from
the same locations as prior to the
transaction. (Id. at 7.) Further,
Applicants assert that bringing Royal
under the control of Fischer, who is
experienced in the same market
segments served by Royal (i.e., private
charter transportation and employee
shuttle operations), will result in
improved operating efficiencies,
increased equipment utilization rates,
and cost savings derived from
economies of scale, which will help
ensure the provision of adequate service
to the public. (Id.) Applicants state that
the transaction will increase fixed
charges in the form of interest expense
because funds will be borrowed by
TKRG to assist in the funding of the
transaction but that such an increase
will not impact the provision of
transportation to the public. (Id.)
Applicants further state that they intend
to continue existing operations of Royal
and as such, the transaction will not
materially impact employees or labor
conditions. (Id. at 8.) Applicants assert
that that neither competition nor the
public interest will be adversely affected
by the proposed transaction, as Royal’s
operations consist primarily of charter
bus transportation, as well as limited
employee commuter services, which are
markets that are very competitive in the
geographic areas served by Royal. (Id. at
9.) Applicants note that all charter
service providers, including Royal,
compete with other modes of passenger
transportation. (Id. at 10.) Lastly,
Applicants state the Royal’s services are
geographically dispersed from the
service areas of TCS. (Id.)
The Board finds that the acquisition
as proposed in the application is
consistent with the public interest and
should be tentatively approved and
authorized. If any opposing comments
are timely filed,2 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. If no
opposing comments are filed by
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 proposed transaction is
approved and authorized, subject to the
filing of opposing comments.
2 Persons wishing to oppose the application must
follow the rules at 49 CFR 1182.5 and 1182.8.
VerDate Sep<11>2014
18:26 Aug 17, 2023
Jkt 259001
2. If opposing comments are timely
filed, the findings made in this notice
will be deemed vacated.
3. This notice will be effective
October 3, 2023, unless opposing
comments are filed by October 2, 2023.
If any comments are filed, Applicants
may file a reply by October 17, 2023.
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: August 12, 2023.
By the Board, Board Members Fuchs,
Hedlund, Oberman, Primus, and Schultz.
Raina White,
Clearance Clerk.
[FR Doc. 2023–17791 Filed 8–17–23; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA–2022–1605]
Agency Information Collection
Activities: Requests for Comments;
Clearance of a New Approval of
Information Collection: International
Role of the Federal Aviation
Administration
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, FAA
invites public comments about our
intention to request the Office of
Management and Budget (OMB)
approval for a new information
collection. The Federal Register Notice
with a 60-day comment period soliciting
comments on the following collection of
information was published on February
13, 2023. The collection involves
questioning, via email, telephone or
other means, foreign entities to
determine what collaborative
opportunities exist. The information to
be collected is necessary to accomplish
the statutory requirements of Title 49
United States Code to ‘‘provide
technical assistance on any other aspect
of aviation safety that the Administrator
determines is likely to enhance
international aviation safety’’. The
SUMMARY:
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56687
information collection will be used to
inform the FAA’s International Strategy,
which is the agency’s mechanism for
fulfilling its international role.
DATES: Written comments should be
submitted by September 17, 2023.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT:
Nicholas DeLotell by email at:
nicholas.delotell@faa.gov; phone: 202–
710–1163.
SUPPLEMENTARY INFORMATION: Public
Comments Invited: You are asked to
comment on any aspect of this
information collection, including (a)
Whether the proposed collection of
information is necessary for FAA’s
performance; (b) the accuracy of the
estimated burden; (c) ways for FAA to
enhance the quality, utility and clarity
of the information collection; and (d)
ways that the burden could be
minimized without reducing the quality
of the collected information.
OMB Control Number: 2120–XXXX.
Title: Agency Information Collection
Activities: Requests for Comments;
Clearance of a New Approval of
Information Collection: International
Role of the Federal Aviation
Administration.
Form Numbers: None.
Type of Review: Clearance of a new
information collection.
Background: The Federal Register
Notice with a 60-day comment period
soliciting comments on the following
collection of information was published
on February 13, 2023 (Volume 88 FR
9312). 49 U.S.C. 40104 requires ‘‘the
Administrator to promote and achieve
global improvements in the safety,
efficiency, and environmental effect of
air travel by engaging with foreign
counterparts, in the International Civil
Aviation Organization (ICAO) and its
subsidiary organizations, and other
international organizations and fora,
and with the private sector.’’ The statute
further requires the Administrator to
engage bilaterally and multilaterally on
an ongoing basis to bolster international
collaboration and to harmonize
international aviation safety
requirements, and to expand the
technical assistance provided by the
FAA in support of enhancing
international aviation safety.
E:\FR\FM\18AUN1.SGM
18AUN1
Agencies
[Federal Register Volume 88, Number 159 (Friday, August 18, 2023)]
[Notices]
[Pages 56686-56687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17791]
=======================================================================
-----------------------------------------------------------------------
SURFACE TRANSPORTATION BOARD
[Docket No. MCF 21109]
Terry W. Fischer & TKRG Holdings Inc.--Acquisition of Control--
Royal Coach Tours
AGENCY: Surface Transportation Board.
ACTION: Notice tentatively approving and authorizing finance
transaction.
-----------------------------------------------------------------------
SUMMARY: On July 21, 2023, Terry W. Fischer (Fischer) and TKRG Holdings
Inc. (TKRG) (collectively, Applicants) filed an application to acquire
from Daniel K. Smith and Sandra S. Allen (Individual Sellers) and New
Holdco, a to-be-formed California corporation, control of all the
outstanding equity interests of Royal Coach Tours (Royal), a 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.
DATES: Comments may be filed by October 2, 2023. If any comments are
filed, Applicants may file a reply by October 17, 2023. If no opposing
comments are filed by October 2, 2023, this notice will be final on
October 3, 2023.
ADDRESSES: Comments may be filed with the Board either via e-filing on
the Board's website or mailing to the Board's offices and must
reference Docket No. MCF 21109. Comments may be filed at www.stb.gov/proceedings-actions/e-filing/other-filings/. Mailed comments may be
sent to: Surface Transportation Board, 395 E Street SW, Washington, DC
20423-0001. In addition, one copy of comments must be sent to
Applicants' representative: Andrew K. Light, Scopelitis, Garvin, Light,
Hanson & Feary, P.C., 10 W Market Street, Suite 1400, Indianapolis, IN
46204.
FOR FURTHER INFORMATION CONTACT: Amanda Gorski at (202) 245-0291. If
you require an accommodation under the Americans with Disabilities Act,
please call (202) 245-0245.
SUPPLEMENTARY INFORMATION: According to the application, Fischer is an
individual resident of the state of California and directly owns and
controls all of the equity and voting interest of Transportation
Charter Services, Inc. (TCS). (Appl. 2.) TKRG is a Delaware limited
liability company, headquartered in California, and indirectly
controlled by Fischer. (Id.) Applicants state that neither applicant is
a federally regulated passenger motor carrier, and other than Fischer,
none of the entities or persons having direct or indirect interests in
TKRG control any federally regulated interstate passenger motor
carrier.\1\ (Id. at 2-3.)
---------------------------------------------------------------------------
\1\ According to the application, as of the closing of the
transaction, the outstanding shares of TKRG will be held by RCTB,
LLC (RCTB), a Delaware limited liability company; the outstanding
membership interests in RCTB will be held by TFKF 50 Holdings LLC
(TFKF) (67.5%), Blue Fin Equity Partners LLP (Blue Fin) (22.5%), and
GHSG, LLC (GHSG) (10%); the outstanding membership interests in TFKF
will be held by Fischer (51%) and Fischer's brother, Kevin Fischer
(49%); the partnership interests in Blue Fin will be controlled by
Remi Poissant and Jane Poissant; and the membership interest in GHSG
will be owned and controlled by Greg Gallup, an individual and
current management employee of Royal. (Appl. 2; id. at Ex. C (chart
of the organizational structure of the Royal Coach Tours, post-
transaction).)
---------------------------------------------------------------------------
TCS is an interstate passenger motor carrier that holds interstate
carrier operating authority under FMCSA Docket No. MC-229775 and a
USDOT safety rating of ``Satisfactory.'' (Id. at 2; id. at Ex. B.) TCS
provides charter bus services in Southern California for third-party
tour operators, private party charters, and school groups. (Id. at 3.)
TCS also provides motor coach transportation services, primarily
focused on charter bus services for third-party tour operators and
private group outings, in the Canadian Rockies Area of Alberta, Canada.
(Id.) In addition, TCS provides limited contractual employee shuttle
service employees at the San Diego International Airport during on-
going construction projects. (Id.)
Individual Sellers are current shareholders of Royal and are
noncarriers that do not control any federally regulated passenger motor
carrier other than Royal. (Id. at 4.) Immediately prior to the sale of
Royal, Individual Sellers will effect a reorganization of Royal such
that Royal will become a California limited liability company wholly
owned by New Holdco, a to-be-formed corporation, which will be wholly
owned by Individual Sellers. (Id. at 4.)
Royal is a California corporation, headquartered in California,
that holds interstate carrier operating authority under FMCSA Docket
No. MC-142846 and a USDOT safety rating of ``Satisfactory,'' as well as
intrastate charter-party operating authority issued by the California
Public Utilities Commission and intrastate charter bus authority issued
by the Nevada Transportation Authority. (Id.) Royal provides motor
coach charter transportation services from its terminal facilities
located in San Jose, Cal. (Bay Area), Las Vegas, Nev., and Phoenix,
Ariz. (Id. at 4-5.) Royal also provides a limited amount of intrastate
employee commuter shuttle services for employers in the Bay Area. (Id.
at 5.) In providing these services, Royal utilizes approximately 73
motor coaches and 1 minibus, and approximately 115 drivers. (Id.)
Applicants state that these services do not overlap with the geographic
area of service offerings of TCS. (Id.)
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), 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 TCS
and Royal exceeded $2 million during the 12-month period immediately
preceding the filing of the application, see 49 CFR 1182.2(a)(5).
Applicants state that the transaction is not expected to have a
material, detrimental impact on the adequacy of transportation services
available for the public, as the services Royal currently provides will
continue to be provided
[[Page 56687]]
by Royal under the same name and from the same locations as prior to
the transaction. (Id. at 7.) Further, Applicants assert that bringing
Royal under the control of Fischer, who is experienced in the same
market segments served by Royal (i.e., private charter transportation
and employee shuttle operations), will result in improved operating
efficiencies, increased equipment utilization rates, and cost savings
derived from economies of scale, which will help ensure the provision
of adequate service to the public. (Id.) Applicants state that the
transaction will increase fixed charges in the form of interest expense
because funds will be borrowed by TKRG to assist in the funding of the
transaction but that such an increase will not impact the provision of
transportation to the public. (Id.) Applicants further state that they
intend to continue existing operations of Royal and as such, the
transaction will not materially impact employees or labor conditions.
(Id. at 8.) Applicants assert that that neither competition nor the
public interest will be adversely affected by the proposed transaction,
as Royal's operations consist primarily of charter bus transportation,
as well as limited employee commuter services, which are markets that
are very competitive in the geographic areas served by Royal. (Id. at
9.) Applicants note that all charter service providers, including
Royal, compete with other modes of passenger transportation. (Id. at
10.) Lastly, Applicants state the Royal's services are geographically
dispersed from the service areas of TCS. (Id.)
The Board finds that the acquisition as proposed in the application
is consistent with the public interest and should be tentatively
approved and authorized. If any opposing comments are timely filed,\2\
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. If no
opposing comments are filed by expiration of the comment period, this
notice will take effect automatically and will be the final Board
action.
---------------------------------------------------------------------------
\2\ Persons wishing to oppose the application must follow the
rules at 49 CFR 1182.5 and 1182.8.
---------------------------------------------------------------------------
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 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 October 3, 2023, unless opposing
comments are filed by October 2, 2023. If any comments are filed,
Applicants may file a reply by October 17, 2023.
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: August 12, 2023.
By the Board, Board Members Fuchs, Hedlund, Oberman, Primus, and
Schultz.
Raina White,
Clearance Clerk.
[FR Doc. 2023-17791 Filed 8-17-23; 8:45 am]
BILLING CODE 4915-01-P