Essex Equity Partners MJT, LLC, Lawrence Boyce, and Terry Stapp-Acquisition of Control-Xplore KY LLC and MJT Nashville LLC, 58870-58871 [2024-15874]
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Federal Register / Vol. 89, No. 139 / Friday, July 19, 2024 / Notices
persons under the Judicial Redress Act
of 2015 (5 U.S.C. 552a, note).
The SSA systems of records used in
the match program are include:
• Master Files of SSN Holders and
SSN Applications (60–0058), last fully
published at 87 FR 263 (January 4,
2022);
• SSR (60–0103), last fully published
at 71 FR 1830 (January 11, 2006) and
modified at 72 FR 69723 (December 10,
2007), 83 FR 31250–31251 (July 3,
2018), 83 FR 54969 (November 1, 2018),
89 FR 825 (January 5, 2024), and 89 FR
14554 (February 27, 2024);
• MBR (60–0090), last fully published
at 71 FR 1826 (January 11, 2006) and
modified at 72 FR 69723 (December 10,
2007), 78 FR 40542 (July 5, 2013), 83 FR
31250–31251 (July 3, 2018), 83 FR
54969 (November 1, 2018), 89 FR 825
(January 5, 2024), and 89 FR 14554
(February 27, 2024); and
• Prisoner Update Processing System
(PUPS) (60–0269), last fully published
at 64 FR 11076 (March 8, 1999), and
modified at 72 FR 69723 (December 10,
2007), 78 FR 40542 (July 5, 2013), and
83 FR 54969 (November 1, 2018).
The Unverified Prisoner System (UPS)
is a subsystem of PUPS. UPS users
perform a manual search of fallout cases
where the Enumeration and Verification
System is unable to locate an SSN for a
noncitizen who has been removed.
The systems of records involved in
this computer matching program have
routine uses permitting the disclosures
needed to conduct this match.
Nicole L. Elkon,
Deputy Assistant Secretary for Professional
and Cultural Exchanges, Bureau of
Educational and Cultural Affairs, Department
of State.
[FR Doc. 2024–15902 Filed 7–18–24; 8:45 am]
BILLING CODE 4710–05–P
SURFACE TRANSPORTATION BOARD
[Docket No. MCF 21116]
BILLING CODE 4191–02–P
Essex Equity Partners MJT, LLC,
Lawrence Boyce, and Terry Stapp—
Acquisition of Control—Xplore KY LLC
and MJT Nashville LLC
DEPARTMENT OF STATE
AGENCY:
[Public Notice: 12463]
ACTION:
[FR Doc. 2024–15918 Filed 7–18–24; 8:45 am]
Surface Transportation Board.
Notice Tentatively Approving
and Authorizing Finance Transaction.
Notice of Determinations; Culturally
Significant Objects Being Imported for
Exhibition—Determinations: ‘‘UltraViolet: New Light on Van Gogh’s
Irises’’ Exhibition
Notice is hereby given of the
following determinations: I hereby
determine that certain objects being
imported from abroad pursuant to an
agreement with their foreign owner or
custodian for temporary display in the
exhibition ‘‘Ultra-Violet: New Light on
Van Gogh’s Irises’’ at the J. Paul Getty
Museum at the Getty Center, Los
Angeles, California, and at possible
additional exhibitions or venues yet to
be determined, are of cultural
significance, and, further, that their
temporary exhibition or display within
the United States as aforementioned is
in the national interest. I have ordered
SUMMARY:
ddrumheller on DSK120RN23PROD with NOTICES1
that Public Notice of these
determinations be published in the
Federal Register.
FOR FURTHER INFORMATION CONTACT:
Reed Liriano, Program Coordinator,
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, 2200 C Street
NW (SA–5), Suite 5H03, Washington,
DC 20522–0505.
SUPPLEMENTARY INFORMATION: 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), Executive Order
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 Delegation of
Authority No. 523 of December 22,
2021.
VerDate Sep<11>2014
18:53 Jul 18, 2024
Jkt 262001
On June 20, 2024, Essex
Equity Partners MJT, LLC (Essex MJT),
Lawrence Boyce (Boyce), and Terry
Stapp (Stapp) (collectively, Applicants),
all noncarriers, filed an application for
after-the-fact authority to acquire
indirect control of two interstate
passenger motor carriers, Xplore KY
LLC (Xplore) and MJT Nashville LLC
(Nashville) (collectively, Carriers).
Pursuant to the completed transaction,
Applicants acquired direct control of
the outstanding equity membership in
MJT Holdings, LLC (MJT Holdings), a
noncarrier entity that holds all the
outstanding membership interests in
Carriers, from Sean Higgins and Lisa
Higgins (collectively, Sellers). The
Board is tentatively approving and
granting after-the-fact authorization of
the transaction, and, if no opposing
SUMMARY:
PO 00000
Frm 00168
Fmt 4703
Sfmt 4703
comments are timely filed, this notice
will be the final Board action.
DATES: Comments may be filed by
September 3, 2024. If any comments are
filed, Applicants may file a reply by
September 17, 2024. If no opposing
comments are filed by September 3,
2024, this notice shall be effective on
September 4, 2024.
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: Kiefer A.
Light, Scopelitis, Garvin, Light, Hanson
& Feary, P.C., 10 W Market Street, Suite
1400, Indianapolis, IN 46204.
FOR FURTHER INFORMATION CONTACT:
Brian O’Boyle at (202) 245–0364. If you
require an accommodation under the
Americans with Disabilities Act, please
call (202) 245–0245.
SUPPLEMENTARY INFORMATION: According
to the application, Essex MJT is a
Kentucky limited liability company
located in Kentucky,1 Boyce is an
individual resident of Kentucky, and
Stapp is an individual resident of
Indiana. (Appl. 2.) None of the
Applicants are federally regulated
passenger motor carriers. (Id. at 3.)
Other than Carriers, which Applicants
acquired indirect control of when the
transaction was completed on April 23,
2024,2 none of the entities or persons
having direct or indirect interests in
Applicants control any federally
regulated interstate passenger motor
carrier. (Appl. 3.)
As a result of the transaction,
Applicants acquired from Sellers direct
control of the outstanding equity
membership in MJT Holdings, a
noncarrier entity that holds all the
outstanding membership interests in
Carriers.3 (Appl. 2.) Prior to the
transaction, Sellers and MJT Holdings
did not control any federally regulated
1 Further information about Essex MJT’s corporate
structure and ownership can be found in the
application. (See Appl. 2–3 & Ex. A.)
2 According to the application, neither Applicants
nor Sellers were aware until recently that the
transaction was subject to the Board’s jurisdiction
and approval. (Appl. 1, 5.) Applicants now request
that the Board approve the transaction after the fact.
(See id.) The Board has permitted parties to obtain
after-the-fact licensing authority for a transaction
when the failure to seek approval was without
malice and by mistake. See, e.g., McCarthy—
Acquis. of Control—Trombly Motor Coach Serv.,
Inc., MCF 21094, slip op. at 2 n.2 (STB served Aug.
6, 2021) (citing Winthrop Sargent—Acquis. of
Control—Plymouth & Brockton St. Ry., MCF 21089,
slip op. at 2 (STB served Jan. 3, 2020)).
3 Exhibit A to the application depicts the
organizational structure of Carriers following the
closing of the transaction. (See Appl. Ex. A.)
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19JYN1
ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 139 / Friday, July 19, 2024 / Notices
passenger motor carrier other than
Carriers. (Id. at 3.)
Applicants describe Carriers as
follows:
• Xplore is a Kentucky limited
liability company, headquartered in
Kentucky, that holds interstate carrier
operating authority under FMCSA
Docket No. MC–666448 and has a safety
rating of ‘‘Satisfactory’’ from the U.S.
Department of Transportation (USDOT).
(Id. at 3–4.) Xplore provides charter
transportation services for activities and
events such as guided tours, group
excursions, and recreational and
entertainments events. (Id. at 4.) Xplore
provides these services from its terminal
facilities located in Louisville, Ky., and
utilizes approximately 16 passenger
vans, 14 minibuses, and 46 drivers. (Id.)
• Nashville is a Tennessee limited
liability company, headquartered in
Tennessee, that holds interstate carrier
operating authority under FMCSA
Docket No. MC–79453. (Id. at 3–4.)
Applicants state that Nashville has no
safety rating. (Id. at 4.) Nashville, like
Xplore, provides charter transportation
services for activities and events such as
guided tours, group excursions, and
recreational and entertainments events.
(Id. at 5.) Nashville provides these
services from its terminal facilities
located in Nashville, Tenn., and utilizes
approximately three passenger vans,
five minibuses, and 14 drivers. (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 from the
proposed transaction, 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). (See Appl. 5–9.)
Applicants assert that the transaction
will not have a material, detrimental
impact on the adequacy of
transportation services available for the
public. (Id. at 6.) Applicants state that
although Carriers now operate within
the holdings of Applicants, Xplore and
Nashville continue to operate under the
same names and provide services from
VerDate Sep<11>2014
18:53 Jul 18, 2024
Jkt 262001
the same locations used before the
transaction. (Id.)
Applicants further assert that the
transaction will have, at most, a
minimal impact on the regulated motor
carrier industry, and neither
competition nor the public interest will
be adversely affected. (Id. at 6, 8.)
According to Applicants, there is no net
gain in market power resulting from the
transaction because Applicants do not
have ownership interests in or control of
other passenger motor carriers. (Id. at 8.)
Applicants also represent that there will
be no overlap in the service areas or
customer bases of Carriers and
Applicants, as Applicants do not
currently operate any motor carrier
service. (Id.) Applicants state that they
will seek to grow Carriers’ business by
contracting with new customers and
expanding services for existing
customers. (Id.)
Additionally, although the transaction
will increase fixed charges in the form
of interest expenses because Applicants
borrowed funds to finance the
transaction, Applicants state that such
increase will not impact the provision of
transportation services to the public. (Id.
at 6–7.) Applicants also assert that
because they have continued, and
intend to continue, the existing
operations of Carriers, employees and
labor conditions are not materially
impacted. (Id. at 7.) Applicants further
submit they do not anticipate any
measurable reduction in force or
changes in compensation levels or
benefits at Carriers. (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,
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 the
expiration of the comment period, this
notice will take effect automatically and
will be the final Board action in this
proceeding.
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.
2. If opposing comments are timely
filed, the findings made in this notice
will be deemed vacated.
PO 00000
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Fmt 4703
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58871
3. This notice will be effective
September 4, 2024, unless opposing
comments are filed by September 3,
2024. If any comments are filed,
Applicants may file a reply by
September 17, 2024.
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 General
Counsel, 1200 New Jersey Avenue SE,
Washington, DC 20590.
5. This notice will be published in the
Federal Register.
Decided: July 14, 2024.
By the Board, Board Members Fuchs,
Hedlund, Primus, and Schultz.
Stefan Rice,
Clearance Clerk.
[FR Doc. 2024–15874 Filed 7–18–24; 8:45 am]
BILLING CODE 4915–01–P
SURFACE TRANSPORTATION BOARD
[Docket No. AB 1340X]
CG Railway, LLC—Discontinuance of
Service Exemption—in New Orleans,
La.
On July 1, 2024, CG Railway, LLC
(CGR), a Class III rail carrier, filed a
petition under 49 U.S.C. 10502 for
exemption from the prior approval
requirements of 49 U.S.C. 10903 to
discontinue service over approximately
3.4 miles of rail line in New Orleans,
La., consisting of the North Yard of the
Port of New Orleans (Port), including
track numbers 1, 2, 3, 4, 5, 6, and 7, and
the Elaine Street Lead between milepost
G1.2 and milepost G2.4 (the Line). CGR
states that the Line traverses U.S. Postal
Service Zip Codes 70126 and/or 70127
and that, to the best of its knowledge, no
stations exist on the Line.
CGR states that it leased the Line from
the Port.1 (Pet. 2.) According to CGR,
rail service on the Line—which enabled
interchange with CSX Transportation,
Inc.—was commercially dependent on
the use of the Mississippi River Gulf
Outlet being navigable for deep draft
vessels. (Id. at 1–2.) The petition states
that damage caused by Hurricane
Katrina to the Mississippi River Gulf
Outlet rendered the Line unsuitable and
uneconomic for CGR’s transportation
purposes, and the Port and CGR
1 See CG Ry.—Lease & Operation Exemption—
Port of New Orleans, La., FD 34710 (STB served
July 1, 2005).
E:\FR\FM\19JYN1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 139 (Friday, July 19, 2024)]
[Notices]
[Pages 58870-58871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15874]
=======================================================================
-----------------------------------------------------------------------
SURFACE TRANSPORTATION BOARD
[Docket No. MCF 21116]
Essex Equity Partners MJT, LLC, Lawrence Boyce, and Terry Stapp--
Acquisition of Control--Xplore KY LLC and MJT Nashville LLC
AGENCY: Surface Transportation Board.
ACTION: Notice Tentatively Approving and Authorizing Finance
Transaction.
-----------------------------------------------------------------------
SUMMARY: On June 20, 2024, Essex Equity Partners MJT, LLC (Essex MJT),
Lawrence Boyce (Boyce), and Terry Stapp (Stapp) (collectively,
Applicants), all noncarriers, filed an application for after-the-fact
authority to acquire indirect control of two interstate passenger motor
carriers, Xplore KY LLC (Xplore) and MJT Nashville LLC (Nashville)
(collectively, Carriers). Pursuant to the completed transaction,
Applicants acquired direct control of the outstanding equity membership
in MJT Holdings, LLC (MJT Holdings), a noncarrier entity that holds all
the outstanding membership interests in Carriers, from Sean Higgins and
Lisa Higgins (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.
DATES: Comments may be filed by September 3, 2024. If any comments are
filed, Applicants may file a reply by September 17, 2024. If no
opposing comments are filed by September 3, 2024, this notice shall be
effective on September 4, 2024.
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: Kiefer A. Light, Scopelitis, Garvin, Light,
Hanson & Feary, P.C., 10 W Market Street, Suite 1400, Indianapolis, IN
46204.
FOR FURTHER INFORMATION CONTACT: Brian O'Boyle at (202) 245-0364. If
you require an accommodation under the Americans with Disabilities Act,
please call (202) 245-0245.
SUPPLEMENTARY INFORMATION: According to the application, Essex MJT is a
Kentucky limited liability company located in Kentucky,\1\ Boyce is an
individual resident of Kentucky, and Stapp is an individual resident of
Indiana. (Appl. 2.) None of the Applicants are federally regulated
passenger motor carriers. (Id. at 3.) Other than Carriers, which
Applicants acquired indirect control of when the transaction was
completed on April 23, 2024,\2\ none of the entities or persons having
direct or indirect interests in Applicants control any federally
regulated interstate passenger motor carrier. (Appl. 3.)
---------------------------------------------------------------------------
\1\ Further information about Essex MJT's corporate structure
and ownership can be found in the application. (See Appl. 2-3 & Ex.
A.)
\2\ According to the application, neither Applicants nor Sellers
were aware until recently that the transaction was subject to the
Board's jurisdiction and approval. (Appl. 1, 5.) Applicants now
request that the Board approve the transaction after the fact. (See
id.) The Board has permitted parties to obtain after-the-fact
licensing authority for a transaction when the failure to seek
approval was without malice and by mistake. See, e.g., McCarthy--
Acquis. of Control--Trombly Motor Coach Serv., Inc., MCF 21094, slip
op. at 2 n.2 (STB served Aug. 6, 2021) (citing Winthrop Sargent--
Acquis. of Control--Plymouth & Brockton St. Ry., MCF 21089, slip op.
at 2 (STB served Jan. 3, 2020)).
---------------------------------------------------------------------------
As a result of the transaction, Applicants acquired from Sellers
direct control of the outstanding equity membership in MJT Holdings, a
noncarrier entity that holds all the outstanding membership interests
in Carriers.\3\ (Appl. 2.) Prior to the transaction, Sellers and MJT
Holdings did not control any federally regulated
[[Page 58871]]
passenger motor carrier other than Carriers. (Id. at 3.)
---------------------------------------------------------------------------
\3\ Exhibit A to the application depicts the organizational
structure of Carriers following the closing of the transaction. (See
Appl. Ex. A.)
---------------------------------------------------------------------------
Applicants describe Carriers as follows:
Xplore is a Kentucky limited liability company,
headquartered in Kentucky, that holds interstate carrier operating
authority under FMCSA Docket No. MC-666448 and has a safety rating of
``Satisfactory'' from the U.S. Department of Transportation (USDOT).
(Id. at 3-4.) Xplore provides charter transportation services for
activities and events such as guided tours, group excursions, and
recreational and entertainments events. (Id. at 4.) Xplore provides
these services from its terminal facilities located in Louisville, Ky.,
and utilizes approximately 16 passenger vans, 14 minibuses, and 46
drivers. (Id.)
Nashville is a Tennessee limited liability company,
headquartered in Tennessee, that holds interstate carrier operating
authority under FMCSA Docket No. MC-79453. (Id. at 3-4.) Applicants
state that Nashville has no safety rating. (Id. at 4.) Nashville, like
Xplore, provides charter transportation services for activities and
events such as guided tours, group excursions, and recreational and
entertainments events. (Id. at 5.) Nashville provides these services
from its terminal facilities located in Nashville, Tenn., and utilizes
approximately three passenger vans, five minibuses, and 14 drivers.
(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 from the proposed transaction, 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). (See Appl. 5-9.)
Applicants assert that the transaction will not have a material,
detrimental impact on the adequacy of transportation services available
for the public. (Id. at 6.) Applicants state that although Carriers now
operate within the holdings of Applicants, Xplore and Nashville
continue to operate under the same names and provide services from the
same locations used before the transaction. (Id.)
Applicants further assert that the transaction will have, at most,
a minimal impact on the regulated motor carrier industry, and neither
competition nor the public interest will be adversely affected. (Id. at
6, 8.) According to Applicants, there is no net gain in market power
resulting from the transaction because Applicants do not have ownership
interests in or control of other passenger motor carriers. (Id. at 8.)
Applicants also represent that there will be no overlap in the service
areas or customer bases of Carriers and Applicants, as Applicants do
not currently operate any motor carrier service. (Id.) Applicants state
that they will seek to grow Carriers' business by contracting with new
customers and expanding services for existing customers. (Id.)
Additionally, although the transaction will increase fixed charges
in the form of interest expenses because Applicants borrowed funds to
finance the transaction, Applicants state that such increase will not
impact the provision of transportation services to the public. (Id. at
6-7.) Applicants also assert that because they have continued, and
intend to continue, the existing operations of Carriers, employees and
labor conditions are not materially impacted. (Id. at 7.) Applicants
further submit they do not anticipate any measurable reduction in force
or changes in compensation levels or benefits at Carriers. (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,
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 the expiration of
the comment period, this notice will take effect automatically and will
be the final Board action in this proceeding.
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.
2. If opposing comments are timely filed, the findings made in this
notice will be deemed vacated.
3. This notice will be effective September 4, 2024, unless opposing
comments are filed by September 3, 2024. If any comments are filed,
Applicants may file a reply by September 17, 2024.
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 General Counsel, 1200 New Jersey Avenue SE, Washington, DC
20590.
5. This notice will be published in the Federal Register.
Decided: July 14, 2024.
By the Board, Board Members Fuchs, Hedlund, Primus, and Schultz.
Stefan Rice,
Clearance Clerk.
[FR Doc. 2024-15874 Filed 7-18-24; 8:45 am]
BILLING CODE 4915-01-P
