Avalon Motor Coaches, LLC, and Avalon Transportation, LLC-Acquisition of Control-Kerrville Bus Company Inc., All West Coachlines, Inc., American Coach Lines of Atlanta, Inc., Coach Leasing, Inc., Cam Leasing, LLC, Coach USA, Inc., and Coach USA Administration, Inc., 83935-83937 [2024-24157]

Download as PDF Federal Register / Vol. 89, No. 202 / Friday, October 18, 2024 / Notices • Title of Information Collection: Request for Overseas U.S. Citizen Vital Records Services. • OMB Control Number: 1405–0253. • Type of Request: Revision of a currently approved collection. • Originating Office: Department of State, Bureau of Consular Affairs, Passport Services, Office of Program Management and Operational Support (CA/PPT/S/PMO). • Form Number: DS–5542. • Respondents: Individuals. • Estimated Number of Respondents: 18,346. • Estimated Number of Responses: 18,346. • Average Time per Response: 40 minutes. • Total Estimated Burden Time: 12,230 hours. • Frequency: On Occasion. • Obligation to Respond: Required to Obtain a Benefit. We are soliciting public comments to permit the Department to: • Evaluate whether the proposed information collection is necessary for the proper functions of the Department. • Evaluate the accuracy of our estimate of the time and cost burden for this proposed collection, including the validity of the methodology and assumptions used. • Enhance the quality, utility, and clarity of the information to be collected. • Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of information technology. Please note that comments submitted in response to this notice are public record. Before including any detailed personal information, you should be aware that your comments as submitted, including your personal information, will be available for public review. khammond on DSKJM1Z7X2PROD with NOTICES Abstract of Proposed Collection The Request for Overseas U.S. Citizen Vital Records Services is submitted to the Office of Records Management to request certified or authenticated copies of overseas U.S. citizen vital records such as Consular Reports of Birth/Death Abroad, Certificates of Witness to Marriage, and Panama Canal Zone documents pursuant to authorized requests. Requests for correction, amendment, or replacement of such vital records may be made using this form also. Methodology A PDF fillable form is available on the Department’s website, travel.state.gov, where it can be printed for manual VerDate Sep<11>2014 16:48 Oct 17, 2024 Jkt 265001 signature and submission. The Request for Overseas U.S. Citizen Vital Records Services form may be submitted by mail to request certified or authenticated copies of overseas U.S. citizen vital records maintained by the Office of Records Management. 83935 to: Surface Transportation Board, 395 E Street SW, Washington, DC 20423–0001. In addition, send one copy of comments to Avalon’s representative: Barry M. Weisz, Thompson Coburn LLP, 10100 Santa Monica Boulevard, Suite 500, Los Angeles, CA 90067. FOR FURTHER INFORMATION CONTACT: Amanda E. Smith, Jonathon Binet at (202) 245–0368. If you Managing Director for Passport Support require an accommodation under the Operations, Bureau of Consular Affairs, Americans with Disabilities Act, please Passport Services, Department of State. call (202) 245–0245. [FR Doc. 2024–24116 Filed 10–17–24; 8:45 am] SUPPLEMENTARY INFORMATION: According BILLING CODE 4710–06–P to the application,1 Avalon Transportation is a California company SURFACE TRANSPORTATION BOARD and Avalon Motor Coaches is a Texas company. (Appl. 8.) The sole member of [Docket No. MCF 21120] both limited liability companies is Virgin-Fish, a California company Avalon Motor Coaches, LLC, and owned by a sole shareholder, Jeffrey Avalon Transportation, LLC— Brush.2 (Id. at 8.) Avalon Transportation Acquisition of Control—Kerrville Bus and Avalon Motor Coaches both hold Company Inc., All West Coachlines, interstate authority to carry passengers.3 Inc., American Coach Lines of Atlanta, (Id. at 3.) According to the application, Inc., Coach Leasing, Inc., Cam Avalon Transportation and Avalon Leasing, LLC, Coach USA, Inc., and Motor Coaches operate chauffeured Coach USA Administration, Inc. service offices in California, New York, New Jersey, and Pennsylvania, and AGENCY: Surface Transportation Board. motor coach offices in California, ACTION: Notice tentatively approving Arizona, and Texas. (Id. at 8.) The and authorizing finance transaction. application states that Avalon Motor SUMMARY: On August 12, 2024, interstate Coaches focuses on the Texas Motor passenger motor carriers Avalon Coach division, while Avalon Transportation, LLC (Avalon Transportation focuses on chauffeured Transportation), and Avalon Motor services and the California Motor Coach Coaches, LLC (Avalon Motor Coaches), division. (Id. at 8–9.) The application filed an application for control over also states that Avalon Transportation certain assets of the following Coach provides service to clients in over 700 USA, Inc. (Coach USA) subsidiaries: domestic and international locations Kerrville Bus Company, Inc. (Kerrville); through its affiliate program. (Id. at 9.) The application explains that in this All West Coachlines, Inc. (All West); transaction Avalon will purchase American Coach Lines of Atlanta, Inc. certain assets and good will of the (ACL Atlanta); Coach Leasing, Inc.; Coach USA Subsidiaries. (Id. at 4.) 4 CAM Leasing, LLC; and Coach USA Administration, Inc. (collectively, Coach Specifically, Avalon Transportation will acquire ‘‘the operating assets utilized in USA Subsidiaries). On September 19, the All West Coachlines, Inc. business 2024, Virgin-Fish, Inc. (Virgin-Fish), segment,’’ and Avalon Motor Coaches and Jeffrey Brush submitted a filing will acquire ‘‘the operating assets joining the application. (Avalon utilized in the Kerrville Bus Company, Transportation, Avalon Motor Coaches, Virgin-Fish, and Jeffrey Brush will be 1 The application was supplemented on August collectively referred to as ‘‘Avalon’’ or 20, 2024, and on September 19, 2024. Therefore, for ‘‘Applicants.’’) The Board is tentatively purposes of determining the procedural schedule approving and authorizing this and statutory deadlines, the filing date of the transaction. If no opposing comments application is September 19, 2024. See 49 CFR 1182.4(a). are timely filed, this notice will be the 2 More information about Avalon’s corporate final Board action. structure and ownership can be found in the DATES: Comments must be filed by application. (See Appl. 9.) December 2, 2024. If any comments are 3 Further information, including U.S. Department filed, Applicants may file a reply by of Transportation (USDOT) numbers, motor carrier numbers, and USDOT safety fitness ratings, can be December 17, 2024. If no opposing found in the application. (Id. at 3, 20.) comments are filed by December 2, 4 Concurrent with the application in this docket, 2024, this notice shall be effective on Avalon Transportation and Avalon Motor Coaches December 3, 2024. filed, in Docket No. MCF 21120 TA, a request under 49 U.S.C. 14303(i) and the Board’s regulations at 49 ADDRESSES: Comments, referring to CFR 1182.7(b) to manage and operate the assets to Docket No. MCF 21120, may be filed be acquired on an interim basis pending approval with the Board either via e-filing on the of the acquisition. The Board granted that request in a decision served on August 30, 2024. Board’s website or in writing addressed PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 E:\FR\FM\18OCN1.SGM 18OCN1 83936 Federal Register / Vol. 89, No. 202 / Friday, October 18, 2024 / Notices khammond on DSKJM1Z7X2PROD with NOTICES Inc. and American Coachlines of Atlanta, Inc. business segments.’’ (Id.) 5 According to the application, Coach USA is a noncarrier Delaware corporation headquartered in New Jersey,6 and the passenger motor carriers it controls provide services in various locations. (Id. at 10.) The regulated Coach USA Subsidiaries are: • Kerrville, a Texas corporation headquartered in San Antonio, Tex., that provides deluxe motorcoach charters and shuttles, customized group tour packages, casino trips, and convention coordinating and planning, (id. at 10–11); • All West, a Texas corporation headquartered in Sacramento, Cal., that provides charter bus services in California, charter tours including to Nevada, and thruway bus services under contract, (id.); and • ACL Atlanta, a Texas corporation headquartered in Norcross, Ga., that provides charter bus services in Atlanta, Ga., and the surrounding Southeast, (id.).7 The remaining Coach USA Subsidiaries do not hold operating authority and are described as follows: • Coach Leasing, Inc., an Illinois corporation headquartered in Chicago, Ill., (id. at 10); • CAM Leasing, LLC, a Delaware corporation headquartered in Paramus, N.J., (id. at 11); and • Coach USA Administration, Inc., a Nevada corporation headquartered in Paramus, (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 resulting 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 demonstrating that the proposed transaction is consistent with the public interest under 49 U.S.C. 14303(b), see 49 CFR 5 The application states that real estate assets of Kerrville will be purchased by Found Things, LLC, a California company whose sole manager is Livery Station, LLC, a New York company solely managed by Jeffrey Brush. (Id. at 4, 8.) Applicants state that Found Things, LLC, will not operate passenger motor carrier service. (Id. at 4.) 6 More information about Coach USA’s corporate structure and ownership can be found in the application. (Id. at 10–11, Ex. 1.) 7 Further information about these passenger motor carriers, including their USDOT numbers, motor carrier numbers, and USDOT safety fitness ratings, can be found in the application. (Id. at 3, 20.) VerDate Sep<11>2014 16:48 Oct 17, 2024 Jkt 265001 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 granting the application would be consistent with the public interest. (Id. at 12.) The application states that Avalon will maintain and improve the service currently provided by the Coach USA Subsidiaries. (Id. at 12–13.) According to Applicants, Avalon will use its experience to increase efficiency by connecting its services to those of the Coach USA Subsidiaries and by integrating the subsidiaries’ services into Avalon’s software platform. (Id. at 13.) Applicants also state that Avalon will assume the Coach USA Subsidiaries’ charter pricing agreements and continue meeting the transportation needs of the charter customers, who will likely increase or improve their transportation options through Avalon’s expansion of services. (Id.) Further, Applicants state that they intend to improve the safety, comfort, and reliability of transportation options by purchasing new vehicles. (Id.) Applicants also state that, absent the proposed transaction, passenger transportation options may decrease because the Coach USA Subsidiaries may be required to shut down operations in certain markets. (Id.) Applicants argue that the proposed transaction will not adversely affect competition in the markets where All West and ACL Atlanta operate because Avalon does not own or operate motor carrier services or routes in those markets. (Id. at 16.) Rather, according to Applicants, the proposed transaction will have a positive impact on competition because All West and ACL Atlanta would otherwise shut down operations in those markets. (Id. at 19.) Avalon’s operations overlap with Kerrville’s operations in San Antonio, Houston, and Dallas, Tex., but Applicants argue that the proposed transaction will not adversely impact competition in those markets. (Id. at 16.) Applicants estimate that Kerrville’s current operations constitute only a small fraction of the market in those cities,8 where there is vigorous 8 Applicants estimate that Kerrville operates less than 1% of the motor coaches in Dallas (one or two buses), approximately 6% of the motor coaches in Houston (14 buses), and less than 12% of the motor coaches in San Antonio (23 buses). (Id. at 17 & n.13.) Applicants estimate that post-transaction the combined operations will constitute less than 12% of the Houston market and approximately 21% of the San Antonio market. (Id. at 18 (stating that there PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 competition from several other charter services, as well as from public transportation and private car transportation. (Id. at 16–17.) Applicants also state that demand for charter service in Texas is expected to increase. (Id. at 16.) Further, Applicants assert that the transaction will have an overall positive effect on competition in the San Antonio and Houston metropolitan areas because it will prevent Kerrville from exiting those markets. (Id. at 18.) Applicants concede that this transaction may result in additional fixed costs in the form of additional interest charges but assert that any such increase is not likely to impact the public. (Id. at 14.) Applicants state that additional fixed costs may result because acquisition of the Coach USA Subsidiaries will be financed through a combination of cash and term notes, and Avalon will assume the existing debt of the subsidiaries. (Id. at 13–14.) However, Avalon intends to refinance the assumed debt to improve the terms of the loans. (Id. at 14.) Applicants further represent that the proposed transaction will not adversely impact the interests of the Coach USA Subsidiaries’ employees. (Id. at 14–15.) According to the application, Avalon has agreed to offer employment to no less than 95% of the employees at each acquired location operated by the Coach USA Subsidiaries, provided that the employees meet certain eligibility standards. (Id. at 14.) Further, Avalon intends to extend employment offers with substantially equivalent salary, benefits, and seniority to nearly all the eligible employees of the Coach USA Subsidiaries at the acquired locations. (Id.) Applicants state that absent the proposed transaction all such employees would likely lose their jobs. (Id. at 15.) Applicants further state that, although most of the employees it will retain are bus drivers, Avalon will also extend employment offers to maintenance, operations, safety, management, and human resource employees of the Coach USA Subsidiaries. (Id. at 14; see also id. at 18–19.) Based on Applicants’ representations, 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, these findings will be deemed vacated and, unless a final decision can be made on the record as developed, a procedural schedule will will be no competitive impact in the Dallas metropolitan area).) E:\FR\FM\18OCN1.SGM 18OCN1 Federal Register / Vol. 89, No. 202 / Friday, October 18, 2024 / Notices 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 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 December 3, 2024, unless opposing comments are filed by December 2, 2024. If any comments are filed, Applicants may file a reply by December 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 the General Counsel, 1200 New Jersey Avenue SE, Washington, DC 20590. Decided: October 15, 2024. By the Board, Board Members Fuchs, Hedlund, Primus, and Schultz. Kenyatta Clay, Clearance Clerk. [FR Doc. 2024–24157 Filed 10–17–24; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration I. Public Participation and Request for Comments [Docket No. FMCSA–2019–0159] Parts and Accessories Necessary for Safe Operation; Application for Renewal of Exemption; Vision Systems North America, Inc. Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of application for renewal of exemption; request for comments. khammond on DSKJM1Z7X2PROD with NOTICES AGENCY: FMCSA announces that it has received an application from Vision Systems North America, Inc. (VSNA) for a renewal of its exemption allowing SUMMARY: VerDate Sep<11>2014 16:48 Oct 17, 2024 Jkt 265001 motor carriers to operate commercial motor vehicles (CMVs) with the company’s Smart-Vision high-definition camera monitoring system (SmartVision) installed as an alternative to the two rear-vision mirrors required by the Federal Motor Carrier Safety Regulations (FMCSRs). VSNA currently holds an exemption for the period January 15, 2020, through January 15, 2025, and requests a five-year renewal of the exemption. FMCSA requests public comment on VSNA’s request for exemption. DATES: Comments must be received on or before November 18, 2024. ADDRESSES: You may submit comments identified by docket number FMCSA– 2019–0159 using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/ FMCSA-2019-0159/document. Follow the online instructions for submitting comments. • Mail: Dockets Operations, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, Washington, DC 20590– 0001. • Hand Delivery or Courier: Dockets Operations, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, Washington, DC 20590–0001, between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. • Fax: (202) 493–2251. FOR FURTHER INFORMATION CONTACT: Mr. David Sutula, Chief, Vehicle and Roadside Operations Division, Office of Carrier, Driver, and Vehicle Safety, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590–0001; (202) 366– 9209; MCPSV@dot.gov. If you have questions on viewing or submitting material to the docket, call Dockets Operations at (202) 366–9826. SUPPLEMENTARY INFORMATION: A. Submitting Comments If you submit a comment, please include the docket number for this notice (FMCSA–2019–0159), indicate the specific section of this document to which the comment applies, and provide a reason for suggestions or recommendations. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so the Agency PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 83937 can contact you if it has questions regarding your submission. To submit your comment online, go to https://www.regulations.gov/docket/ FMCSA-2019-0159/document, click on this notice, click ‘‘Comment,’’ and type your comment into the text box on the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8 1⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope. FMCSA will consider all comments and material received during the comment period. Comments received after the comment closing date will be filed in the public docket and will be considered to the extent practicable. Confidential Business Information (CBI) CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to the notice contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to the notice, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission that constitutes CBI as ‘‘PROPIN’’ to indicate it contains proprietary information. FMCSA will treat such marked submissions as confidential under the Freedom of Information Act, and they will not be placed in the public docket of the notice. Submissions containing CBI should be sent to Brian Dahlin, Chief, Regulatory Evaluation Division, Office of Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590– 0001 or via email at brian.g.dahlin@ dot.gov. At this time, you need not send a duplicate hardcopy of your electronic CBI submissions to FMCSA headquarters. Any comments FMCSA receives not specifically designated as CBI will be placed in the public docket for this notice. B. Viewing Comments and Documents To view any documents mentioned as being available in the docket, go to https://www.regulations.gov/docket/ FMCSA-2019-0159/document and choose the document to review. To view E:\FR\FM\18OCN1.SGM 18OCN1

Agencies

[Federal Register Volume 89, Number 202 (Friday, October 18, 2024)]
[Notices]
[Pages 83935-83937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24157]


=======================================================================
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SURFACE TRANSPORTATION BOARD

[Docket No. MCF 21120]


Avalon Motor Coaches, LLC, and Avalon Transportation, LLC--
Acquisition of Control--Kerrville Bus Company Inc., All West 
Coachlines, Inc., American Coach Lines of Atlanta, Inc., Coach Leasing, 
Inc., Cam Leasing, LLC, Coach USA, Inc., and Coach USA Administration, 
Inc.

AGENCY: Surface Transportation Board.

ACTION: Notice tentatively approving and authorizing finance 
transaction.

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SUMMARY: On August 12, 2024, interstate passenger motor carriers Avalon 
Transportation, LLC (Avalon Transportation), and Avalon Motor Coaches, 
LLC (Avalon Motor Coaches), filed an application for control over 
certain assets of the following Coach USA, Inc. (Coach USA) 
subsidiaries: Kerrville Bus Company, Inc. (Kerrville); All West 
Coachlines, Inc. (All West); American Coach Lines of Atlanta, Inc. (ACL 
Atlanta); Coach Leasing, Inc.; CAM Leasing, LLC; and Coach USA 
Administration, Inc. (collectively, Coach USA Subsidiaries). On 
September 19, 2024, Virgin-Fish, Inc. (Virgin-Fish), and Jeffrey Brush 
submitted a filing joining the application. (Avalon Transportation, 
Avalon Motor Coaches, Virgin-Fish, and Jeffrey Brush will be 
collectively referred to as ``Avalon'' or ``Applicants.'') The Board is 
tentatively approving and authorizing this transaction. If no opposing 
comments are timely filed, this notice will be the final Board action.

DATES: Comments must be filed by December 2, 2024. If any comments are 
filed, Applicants may file a reply by December 17, 2024. If no opposing 
comments are filed by December 2, 2024, this notice shall be effective 
on December 3, 2024.

ADDRESSES: Comments, referring to Docket No. MCF 21120, may be filed 
with the Board either via e-filing on the Board's website or in writing 
addressed to: Surface Transportation Board, 395 E Street SW, 
Washington, DC 20423-0001. In addition, send one copy of comments to 
Avalon's representative: Barry M. Weisz, Thompson Coburn LLP, 10100 
Santa Monica Boulevard, Suite 500, Los Angeles, CA 90067.

FOR FURTHER INFORMATION CONTACT: Jonathon Binet at (202) 245-0368. If 
you require an accommodation under the Americans with Disabilities Act, 
please call (202) 245-0245.

SUPPLEMENTARY INFORMATION: According to the application,\1\ Avalon 
Transportation is a California company and Avalon Motor Coaches is a 
Texas company. (Appl. 8.) The sole member of both limited liability 
companies is Virgin-Fish, a California company owned by a sole 
shareholder, Jeffrey Brush.\2\ (Id. at 8.) Avalon Transportation and 
Avalon Motor Coaches both hold interstate authority to carry 
passengers.\3\ (Id. at 3.) According to the application, Avalon 
Transportation and Avalon Motor Coaches operate chauffeured service 
offices in California, New York, New Jersey, and Pennsylvania, and 
motor coach offices in California, Arizona, and Texas. (Id. at 8.) The 
application states that Avalon Motor Coaches focuses on the Texas Motor 
Coach division, while Avalon Transportation focuses on chauffeured 
services and the California Motor Coach division. (Id. at 8-9.) The 
application also states that Avalon Transportation provides service to 
clients in over 700 domestic and international locations through its 
affiliate program. (Id. at 9.)
---------------------------------------------------------------------------

    \1\ The application was supplemented on August 20, 2024, and on 
September 19, 2024. Therefore, for purposes of determining the 
procedural schedule and statutory deadlines, the filing date of the 
application is September 19, 2024. See 49 CFR 1182.4(a).
    \2\ More information about Avalon's corporate structure and 
ownership can be found in the application. (See Appl. 9.)
    \3\ Further information, including U.S. Department of 
Transportation (USDOT) numbers, motor carrier numbers, and USDOT 
safety fitness ratings, can be found in the application. (Id. at 3, 
20.)
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    The application explains that in this transaction Avalon will 
purchase certain assets and good will of the Coach USA Subsidiaries. 
(Id. at 4.) \4\ Specifically, Avalon Transportation will acquire ``the 
operating assets utilized in the All West Coachlines, Inc. business 
segment,'' and Avalon Motor Coaches will acquire ``the operating assets 
utilized in the Kerrville Bus Company,

[[Page 83936]]

Inc. and American Coachlines of Atlanta, Inc. business segments.'' 
(Id.) \5\
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    \4\ Concurrent with the application in this docket, Avalon 
Transportation and Avalon Motor Coaches filed, in Docket No. MCF 
21120 TA, a request under 49 U.S.C. 14303(i) and the Board's 
regulations at 49 CFR 1182.7(b) to manage and operate the assets to 
be acquired on an interim basis pending approval of the acquisition. 
The Board granted that request in a decision served on August 30, 
2024.
    \5\ The application states that real estate assets of Kerrville 
will be purchased by Found Things, LLC, a California company whose 
sole manager is Livery Station, LLC, a New York company solely 
managed by Jeffrey Brush. (Id. at 4, 8.) Applicants state that Found 
Things, LLC, will not operate passenger motor carrier service. (Id. 
at 4.)
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    According to the application, Coach USA is a noncarrier Delaware 
corporation headquartered in New Jersey,\6\ and the passenger motor 
carriers it controls provide services in various locations. (Id. at 
10.) The regulated Coach USA Subsidiaries are:
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    \6\ More information about Coach USA's corporate structure and 
ownership can be found in the application. (Id. at 10-11, Ex. 1.)
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     Kerrville, a Texas corporation headquartered in San 
Antonio, Tex., that provides deluxe motorcoach charters and shuttles, 
customized group tour packages, casino trips, and convention 
coordinating and planning, (id. at 10-11);
     All West, a Texas corporation headquartered in Sacramento, 
Cal., that provides charter bus services in California, charter tours 
including to Nevada, and thruway bus services under contract, (id.); 
and
     ACL Atlanta, a Texas corporation headquartered in 
Norcross, Ga., that provides charter bus services in Atlanta, Ga., and 
the surrounding Southeast, (id.).\7\
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    \7\ Further information about these passenger motor carriers, 
including their USDOT numbers, motor carrier numbers, and USDOT 
safety fitness ratings, can be found in the application. (Id. at 3, 
20.)
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    The remaining Coach USA Subsidiaries do not hold operating 
authority and are described as follows:
     Coach Leasing, Inc., an Illinois corporation headquartered 
in Chicago, Ill., (id. at 10);
     CAM Leasing, LLC, a Delaware corporation headquartered in 
Paramus, N.J., (id. at 11); and
     Coach USA Administration, Inc., a Nevada corporation 
headquartered in Paramus, (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 resulting 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 
demonstrating 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 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 granting the application would be consistent 
with the public interest. (Id. at 12.) The application states that 
Avalon will maintain and improve the service currently provided by the 
Coach USA Subsidiaries. (Id. at 12-13.) According to Applicants, Avalon 
will use its experience to increase efficiency by connecting its 
services to those of the Coach USA Subsidiaries and by integrating the 
subsidiaries' services into Avalon's software platform. (Id. at 13.) 
Applicants also state that Avalon will assume the Coach USA 
Subsidiaries' charter pricing agreements and continue meeting the 
transportation needs of the charter customers, who will likely increase 
or improve their transportation options through Avalon's expansion of 
services. (Id.) Further, Applicants state that they intend to improve 
the safety, comfort, and reliability of transportation options by 
purchasing new vehicles. (Id.) Applicants also state that, absent the 
proposed transaction, passenger transportation options may decrease 
because the Coach USA Subsidiaries may be required to shut down 
operations in certain markets. (Id.)
    Applicants argue that the proposed transaction will not adversely 
affect competition in the markets where All West and ACL Atlanta 
operate because Avalon does not own or operate motor carrier services 
or routes in those markets. (Id. at 16.) Rather, according to 
Applicants, the proposed transaction will have a positive impact on 
competition because All West and ACL Atlanta would otherwise shut down 
operations in those markets. (Id. at 19.) Avalon's operations overlap 
with Kerrville's operations in San Antonio, Houston, and Dallas, Tex., 
but Applicants argue that the proposed transaction will not adversely 
impact competition in those markets. (Id. at 16.) Applicants estimate 
that Kerrville's current operations constitute only a small fraction of 
the market in those cities,\8\ where there is vigorous competition from 
several other charter services, as well as from public transportation 
and private car transportation. (Id. at 16-17.) Applicants also state 
that demand for charter service in Texas is expected to increase. (Id. 
at 16.) Further, Applicants assert that the transaction will have an 
overall positive effect on competition in the San Antonio and Houston 
metropolitan areas because it will prevent Kerrville from exiting those 
markets. (Id. at 18.)
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    \8\ Applicants estimate that Kerrville operates less than 1% of 
the motor coaches in Dallas (one or two buses), approximately 6% of 
the motor coaches in Houston (14 buses), and less than 12% of the 
motor coaches in San Antonio (23 buses). (Id. at 17 & n.13.) 
Applicants estimate that post-transaction the combined operations 
will constitute less than 12% of the Houston market and 
approximately 21% of the San Antonio market. (Id. at 18 (stating 
that there will be no competitive impact in the Dallas metropolitan 
area).)
---------------------------------------------------------------------------

    Applicants concede that this transaction may result in additional 
fixed costs in the form of additional interest charges but assert that 
any such increase is not likely to impact the public. (Id. at 14.) 
Applicants state that additional fixed costs may result because 
acquisition of the Coach USA Subsidiaries will be financed through a 
combination of cash and term notes, and Avalon will assume the existing 
debt of the subsidiaries. (Id. at 13-14.) However, Avalon intends to 
refinance the assumed debt to improve the terms of the loans. (Id. at 
14.) Applicants further represent that the proposed transaction will 
not adversely impact the interests of the Coach USA Subsidiaries' 
employees. (Id. at 14-15.) According to the application, Avalon has 
agreed to offer employment to no less than 95% of the employees at each 
acquired location operated by the Coach USA Subsidiaries, provided that 
the employees meet certain eligibility standards. (Id. at 14.) Further, 
Avalon intends to extend employment offers with substantially 
equivalent salary, benefits, and seniority to nearly all the eligible 
employees of the Coach USA Subsidiaries at the acquired locations. 
(Id.) Applicants state that absent the proposed transaction all such 
employees would likely lose their jobs. (Id. at 15.) Applicants further 
state that, although most of the employees it will retain are bus 
drivers, Avalon will also extend employment offers to maintenance, 
operations, safety, management, and human resource employees of the 
Coach USA Subsidiaries. (Id. at 14; see also id. at 18-19.)
    Based on Applicants' representations, 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, these findings will be deemed 
vacated and, unless a final decision can be made on the record as 
developed, a procedural schedule will

[[Page 83937]]

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 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 December 3, 2024, unless opposing 
comments are filed by December 2, 2024. If any comments are filed, 
Applicants may file a reply by December 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 the General Counsel, 1200 New Jersey Avenue SE, Washington, 
DC 20590.

    Decided: October 15, 2024.

    By the Board, Board Members Fuchs, Hedlund, Primus, and Schultz.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2024-24157 Filed 10-17-24; 8:45 am]
BILLING CODE 4915-01-P
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