Traxx Coachlines Ltd., Quick Coachlines Ltd., and Vancouver Tours & Transit Ltd. C/B/A Charter Bus Lines of British Columbia-Amalgamation of Three Companies Into One Under the Name Traxx Coachlines Ltd., 90341-90343 [2024-26678]
Download as PDF
khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 89, No. 221 / Friday, November 15, 2024 / Notices
motor carrier primarily providing
regular home-to-school student
transportation services in New
Hampshire (the area encompassing the
cities of Manchester, North Havervill,
Milford, and Center Barnstead) and in
Vermont (the area encompassing the
cities of Orleans, Lyndonville, and
White River Junction). (Id. at 8.) BBS
also provides limited intrastate and
interstate charter services for wedding
parties, camps, field trips, and other
private events such as sporting events,
office/corporate events, political rallies,
social gatherings, and concerts. (Id.) In
providing its services, BBS utilizes
approximately 339 passenger vehicles
(290 school buses with a seating
capacity of 16 or more passengers, 13
passenger mini-buses with a seating
capacity of 16 or more passengers, 8
vans with a seating capacity of 1 to 8
passengers, and 28 vans with a seating
capacity of 9 to 15 passengers). (Id.)
Furthermore, the USDOT number
assigned to BBS is 1633191, and for
purposes of its interstate passenger
operations, BBS holds interstate carrier
operating authority under FMCSA MC–
602610. (Id.) According to the
application, BBS is owned by Sellers,
who are noncarriers and do not directly
or indirectly own or control any other
interstate passenger motor carriers. (Id.
at 7.)
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.
Van Pool has 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 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. 10–14.)
Applicants assert that the proposed
transaction will not have a material,
detrimental impact on the adequacy of
transportation services available to the
public. (Id. at 11.) According to
Applicants, BBS will continue to
provide the same services it currently
provides under the same name;
however, going forward, BBS will
operate within the holdings of
Applicants, which are experienced in
VerDate Sep<11>2014
16:11 Nov 14, 2024
Jkt 265001
passenger transportation operations.
(Id.) The transaction, combined with the
passenger carrier management capacity
of Applicants, is expected to result in
improved operating efficiencies,
increased equipment utilization rates,
and cost savings derived from
economies of scale within the
Applicants’ subsidiaries, all of which
will help ensure the provision of
adequate service to the public. (Id.)
Applicants also assert that the addition
of BBS will enhance the viability of
Applicants’ organization and its
subsidiaries. (Id.)
Applicants state that the impact of the
transaction on the regulated motor
carrier industry will be minimal at most
and that neither competition nor the
public interest will be adversely
affected. (Id. at 14.) According to
Applicants, the demand for school bus
transportation and charter services in
the area served by BBS is strong and is
expected to increase in the foreseeable
future. (Id. at 13.) BBS competes directly
with other passenger service providers
in the area it serves, which is a
competitive market because of the
significant number of national, regional,
and local providers operating within the
area. (Id.) Other providers include
Student Transportation of America,
First Student, Durham, Caring Hands,
WW Berry Transportation, and Lamoille
Valley Transportation. (Id.) Applicants
add that BBS’s service area is
geographically dispersed from those of
the Affiliate Regulated Carriers and
there is very limited overlap in the
customer bases among the Affiliate
Regulated Carriers and BBS.4 (Id.)
Applicants assert that the proposed
transaction will increase fixed charges
in the form of interest expenses because
funds will be borrowed to assist in
financing the transaction; however,
Applicants state that the increase will
not impact the provision of
transportation services to the public. (Id.
at 12.) Applicants also assert that they
do not expect the transaction to have
substantial impacts on employees or
labor conditions, and they do not
anticipate a measurable reduction in
force or changes in compensation levels
or benefits at BBS. (Id.) Applicants
submit, however, that staffing
redundancies could result in limited
downsizing of back-office and/or
managerial-level personnel. (Id.)
Based on Applicants’ representations,
the Board finds that the acquisition as
proposed in the application is
consistent with the public interest. The
4 There also appears to be little, if any,
competitive overlap between BBS and TCS. See
note 2, supra.
PO 00000
Frm 00082
Fmt 4703
Sfmt 4703
90341
application will be tentatively approved
and authorized. If any opposing
comments are timely filed, these
findings will be deemed vacated, and,
unless a final decision can be made on
the record as developed, a procedural
schedule will be adopted to reconsider
the application. See 49 CFR 1182.6. 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 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 on
December 31, 2024, unless opposing
comments are filed by December 30,
2024. If any comments are filed, Van
Pool may file a reply by January 14,
2025.
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: November 12, 2024.
By the Board, Board Members Fuchs,
Hedlund, Primus, and Schultz.
Zantori Dickerson,
Clearance Clerk.
[FR Doc. 2024–26686 Filed 11–14–24; 8:45 am]
BILLING CODE 4915–01–P
SURFACE TRANSPORTATION BOARD
[Docket No. MCF 21125]
Traxx Coachlines Ltd., Quick
Coachlines Ltd., and Vancouver Tours
& Transit Ltd. C/B/A Charter Bus Lines
of British Columbia—Amalgamation of
Three Companies Into One Under the
Name Traxx Coachlines Ltd.
Surface Transportation Board.
Notice tentatively approving
and authorizing finance transaction.
AGENCY:
ACTION:
On October 18, 2024,
interstate passenger motor carrier Traxx
SUMMARY:
E:\FR\FM\15NON1.SGM
15NON1
khammond on DSKJM1Z7X2PROD with NOTICES
90342
Federal Register / Vol. 89, No. 221 / Friday, November 15, 2024 / Notices
Coachlines Ltd. (TCL) filed an
application for Board approval to
amalgamate (merge) its assets and
operations with those of Quick
Coachlines Ltd. (QCL) and Vancouver
Tours & Transit Ltd. c/b/a Charter Bus
Lines of British Columbia (VTT)
(collectively, Applicants). Traxx
Holdings Inc. (Traxx) currently owns
100% of the interest in TCL, QCL, and
VTT, and Monarch Ventures Inc.
(Monarch) currently owns 100% of
Traxx. Upon completion of the
proposed transaction, TCL, QCL, and
VTT would merge into one entity—
TCL—which would be 100% owned by
Traxx. Monarch would continue to
control Traxx. The Board is tentatively
approving and authorizing the
transaction. If no opposing comments
are timely filed, this notice will be the
final Board action.
DATES: Comments must be filed by
December 30, 2024. If any comments are
filed, Applicants may file a reply by
January 14, 2025. If no opposing
comments are filed by December 30,
2024, this notice shall be effective on
December 31, 2024.
ADDRESSES: Comments, referring to
Docket No. MCF 21125, 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 Applicants’ representative: Stephen
P. Flott, Esq., Flott & Co. PC, 2200
Wilson Boulevard, Suite 320, Arlington,
VA 22201.
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, which was filed
under 49 U.S.C. 14303(a)(1), TCL
provides a broad range of charter,
transit, and tourism-related services
across western Canada. (Appl. 2.) The
application further states that QCL
specializes in cross-border
transportation, primarily providing
scheduled service on routes between
Vancouver, British Columbia, the lower
mainland of British Columbia, and SeaTac Airport in Seattle, Wash. (Id. at 2–
3.) Applicants note that QCL’s services
cater primarily to tourists and business
travelers. (Id. at 3.) According to the
application, VTT focuses on tourism
services, providing sightseeing tours
and charter services around Vancouver,
British Columbia, and offering tourist
destinations in the western United
States. (Id.) Applicants assert that Traxx
VerDate Sep<11>2014
16:11 Nov 14, 2024
Jkt 265001
owns 100% of TCL, QCL, and VTT,1
and that, while each entity has
maintained its unique branding, all
operational management has been
consolidated under Traxx, which,
according to Applicants, has facilitated
streamlined and consistent services
across these entities. (Id. at 2.) 2
The application states that, except for
TCL, QCL, and VTT, there are no other
affiliated carriers involved in the
application. (Id. at 4.) The application
further explains that Applicants have
entered into an amalgamation agreement
(the Amalgamation Agreement) whereby
TCL, QCL, and VTT will merge into one
entity (including all assets, vehicles,
and business operations) and operate
under the existing brand, TCL. (Id. at 3.)
According to Applicants, the
Amalgamation Agreement is scheduled
to close no earlier than November 1,
2024, but in any event not before Board
approval of this application. (Id.)
Further, Applicants state that the goal of
the proposed transaction is to enhance
brand strength and simplify
administrative processes while having
minimal changes to the day-to-day
operations of the applicable carriers.
(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 have no adverse
impact on the adequacy of
transportation services available for the
public. (Appl. 4.) According to
Applicants, the proposed transaction
involves the combination of three
1 Further information about TCL, QCL, and VTT,
including U.S. Department of Transportation
(USDOT) numbers, motor carrier numbers, and
USDOT safety fitness ratings, can be found in the
application. (See Appl., Exs. B, C, & D.)
2 More information about Applicants’ corporate
structure and ownership can be found in the
application. (See Appl. 1; see also id., Ex. A.)
PO 00000
Frm 00083
Fmt 4703
Sfmt 4703
businesses owned and operated by
Traxx. (Id.) Applicants state that TCL
intends to continue the operations of the
carriers essentially as they are now
being conducted and that the public
would not be affected by the transaction
other than by a change in name for the
applicable entities. (Id.)
Applicants further state that this
transaction would have no effect on
total fixed charges, and that no carrier
employees would be adversely affected
by the contemplated transaction as there
would be no change in the carriers’ dayto-day operations. (Id. at 4–5.)
Based on Applicants’ representations,
the Board finds that the merger as
proposed in the application is
consistent with the public interest. The
application will be tentatively approved
and authorized. If any opposing
comments are timely filed, these
findings will be deemed vacated, and,
unless a final decision can be made on
the record as developed, a procedural
schedule will be adopted to reconsider
the application. See 49 CFR 1182.6. 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 31, 2024, unless opposing
comments are filed by December 30,
2024. If any comments are filed,
Applicants may file a reply by January
14, 2025.
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: November 12, 2024.
E:\FR\FM\15NON1.SGM
15NON1
Federal Register / Vol. 89, No. 221 / Friday, November 15, 2024 / Notices
By the Board, Board Members Fuchs,
Hedlund, Primus, and Schultz.
Stefan Rice,
Clearance Clerk.
[FR Doc. 2024–26678 Filed 11–14–24; 8:45 am]
BILLING CODE 4915–01–P
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36806]
Old Line Holding Company, Inc., d/b/a
Old Line Railroad—Acquisition and
Operation Exemption—Line of The
Maryland and Delaware Railroad
Company
khammond on DSKJM1Z7X2PROD with NOTICES
Old Line Holding Company, Inc., d/b/
a Old Line Railroad (Old Line), a
noncarrier, has filed a verified notice of
exemption under 49 CFR 1150.31 to
acquire from The Maryland and
Delaware Railroad Company (MDDE)
and operate approximately 23.7 miles of
rail line from milepost 42.0 in
Selbyville, Del., to the end of the track
at milepost 65.7 in Snow Hill, Md. (the
Line). The verified notice states that Old
Line is the parent company of MDDE,
which currently operates the Line.
According to the verified notice, Old
Line, MDDE, and Carload Express, Inc.
(Carload), have entered into a purchase
agreement dated August 1, 2024, which
provides that Old Line will acquire the
Line from MDDE and that Carload will
concurrently acquire MDDE from Old
Line.1 Old Line states that, after
consummating the proposed
transaction, it will become a Class III
rail carrier and operate the Line.
Old Line certifies that the transaction
does not involve any provision or
agreement that would limit future
interchange with a third-party
connecting carrier. Old Line further
certifies that its projected annual
revenue will not exceed $5 million and
will not result in the creation of a Class
II or Class I rail carrier.
The earliest this transaction may be
consummated is November 29, 2024, the
effective date of the exemption. If the
verified notice contains false or
misleading information, the exemption
1 In a concurrently filed petition for exemption,
Carload, a noncarrier, seeks Board approval to
acquire MDDE from Old Line. Pet. for Exemption
1, Carload Express, Inc.—Control Exemption—Md.
& Del. R.R., FD 36807.
According to the verified notice, the purchase
agreement further provides that Delmarva Central
Railroad Company, a Class III rail carrier and
subsidiary of Carload, will acquire from MDDE a 3mile rail line that connects with the Line at
Selbyville. See Delmarva Cent. R.R.—Acquis.
Exemption—Line of the Md. & Del. R.R., FD 36805
(STB served Oct. 4, 2024).
VerDate Sep<11>2014
16:11 Nov 14, 2024
Jkt 265001
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 for stay must
be filed no later than November 22,
2024 (at least seven days before the
exemption becomes effective).
All pleadings, referring to Docket No.
FD 36806, must be filed with the
Surface Transportation Board either via
e-filing on the Board’s website or in
writing addressed to 395 E Street SW,
Washington, DC 20423–0001. In
addition, a copy of each pleading must
be served on Old Line’s representative,
Thomas J. Litwiler, Fletcher & Sippel
LLC, 29 North Wacker Drive, Suite 800,
Chicago, IL 60606–3208.
According to Old Line, 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).
Board decisions and notices are
available at www.stb.gov.
Decided: November 8, 2024.
By the Board, Scott M. Zimmerman, Acting
Director, Office of Proceedings.
Brendetta Jones,
Clearance Clerk.
[FR Doc. 2024–26584 Filed 11–14–24; 8:45 am]
BILLING CODE 4915–01–P
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36814]
Raritan Central Railway, LLC—Lease
and Operation Exemption—
Consolidated Rail Corporation
Raritan Central Railway, LLC (RCRY),
a Class III railroad, has filed a verified
notice of exemption pursuant to 49 CFR
1150.41, to permit it to operate,
pursuant to an amendment to a lease
with the Consolidated Rail Corporation
(Conrail), approximately 3,000 linear
feet of rail line in Middlesex County, NJ.
RCRY was previously authorized to
lease from Conrail and to operate 7.08
miles of rail lines, consisting of four
segments, all in Middlesex County.
Raritan Cent. Ry.—Lease & Operation
Exemption—Consol. Rail Corp., FD
36393 (STB served Apr. 3, 2020). RCRY
states that under the existing lease, one
of the segments, the Raritan Industrial
Track (the Raritan I.T.), extends from its
connection with the Bonhamton I.T. to
the east side of Crows Mill Road,
including the at-grade crossing thereof.
According to the verified notice, Conrail
PO 00000
Frm 00084
Fmt 4703
Sfmt 4703
90343
currently operates on an additional
3,000 feet of rail line beyond the leased
segment, and RCRY and Conrail have
agreed to amend the lease to extend
RCRY’s lease and operation of the
Raritan I.T. to include that additional
3,000-foot segment. RCRY states that
following the amendment, RCRY will
provide common carrier service on ‘‘the
Raritan I.T. from its connection with the
Bonhamton I.T. to the west side of
Route 440 at [milepost] 20.06.’’ (RCRY
Verified Notice 2 (quoting the lease
amendment).)
RCRY certifies that the track lease
does not impose or include an
interchange commitment. RCRY also
certifies that its projected annual
revenues as a result of this transaction
will not exceed $5 million annually and
will not result the creation of a Class II
or Class I carrier.
The transaction may be consummated
on or after November 30, 2024, 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 for stay must
be filed no later than November 22,
2024 (at least seven days before the
exemption becomes effective).
All pleadings, referring to Docket No.
FD 36814, must be filed with the
Surface Transportation Board either via
e-filing on the Board’s website or in
writing addressed to 395 E Street SW,
Washington, DC 20423–0001. In
addition, a copy of each pleading must
be served on RCRY’s representative, Eric
M. Hocky, Clark Hill PLC, Two
Commerce Square, 2001 Market Street,
Suite 2620, Philadelphia, PA 19103.
According to RCRY, this action is
categorically excluded from
environmental review under 49 CFR
1105.6(c) and from historic reporting
requirements under 49 CFR 1105.8(b).
Board decisions and notices are
available at www.stb.gov.
Decided: November 8, 2024.
By the Board, Scott M. Zimmerman, Acting
Director, Office of Proceedings.
Raina White,
Clearance Clerk.
[FR Doc. 2024–26697 Filed 11–14–24; 8:45 am]
BILLING CODE 4915–01–P
E:\FR\FM\15NON1.SGM
15NON1
Agencies
[Federal Register Volume 89, Number 221 (Friday, November 15, 2024)]
[Notices]
[Pages 90341-90343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26678]
-----------------------------------------------------------------------
SURFACE TRANSPORTATION BOARD
[Docket No. MCF 21125]
Traxx Coachlines Ltd., Quick Coachlines Ltd., and Vancouver Tours
& Transit Ltd. C/B/A Charter Bus Lines of British Columbia--
Amalgamation of Three Companies Into One Under the Name Traxx
Coachlines Ltd.
AGENCY: Surface Transportation Board.
ACTION: Notice tentatively approving and authorizing finance
transaction.
-----------------------------------------------------------------------
SUMMARY: On October 18, 2024, interstate passenger motor carrier Traxx
[[Page 90342]]
Coachlines Ltd. (TCL) filed an application for Board approval to
amalgamate (merge) its assets and operations with those of Quick
Coachlines Ltd. (QCL) and Vancouver Tours & Transit Ltd. c/b/a Charter
Bus Lines of British Columbia (VTT) (collectively, Applicants). Traxx
Holdings Inc. (Traxx) currently owns 100% of the interest in TCL, QCL,
and VTT, and Monarch Ventures Inc. (Monarch) currently owns 100% of
Traxx. Upon completion of the proposed transaction, TCL, QCL, and VTT
would merge into one entity--TCL--which would be 100% owned by Traxx.
Monarch would continue to control Traxx. The Board is tentatively
approving and authorizing the transaction. If no opposing comments are
timely filed, this notice will be the final Board action.
DATES: Comments must be filed by December 30, 2024. If any comments are
filed, Applicants may file a reply by January 14, 2025. If no opposing
comments are filed by December 30, 2024, this notice shall be effective
on December 31, 2024.
ADDRESSES: Comments, referring to Docket No. MCF 21125, 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
Applicants' representative: Stephen P. Flott, Esq., Flott & Co. PC,
2200 Wilson Boulevard, Suite 320, Arlington, VA 22201.
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, which was
filed under 49 U.S.C. 14303(a)(1), TCL provides a broad range of
charter, transit, and tourism-related services across western Canada.
(Appl. 2.) The application further states that QCL specializes in
cross-border transportation, primarily providing scheduled service on
routes between Vancouver, British Columbia, the lower mainland of
British Columbia, and Sea-Tac Airport in Seattle, Wash. (Id. at 2-3.)
Applicants note that QCL's services cater primarily to tourists and
business travelers. (Id. at 3.) According to the application, VTT
focuses on tourism services, providing sightseeing tours and charter
services around Vancouver, British Columbia, and offering tourist
destinations in the western United States. (Id.) Applicants assert that
Traxx owns 100% of TCL, QCL, and VTT,\1\ and that, while each entity
has maintained its unique branding, all operational management has been
consolidated under Traxx, which, according to Applicants, has
facilitated streamlined and consistent services across these entities.
(Id. at 2.) \2\
---------------------------------------------------------------------------
\1\ Further information about TCL, QCL, and VTT, including U.S.
Department of Transportation (USDOT) numbers, motor carrier numbers,
and USDOT safety fitness ratings, can be found in the application.
(See Appl., Exs. B, C, & D.)
\2\ More information about Applicants' corporate structure and
ownership can be found in the application. (See Appl. 1; see also
id., Ex. A.)
---------------------------------------------------------------------------
The application states that, except for TCL, QCL, and VTT, there
are no other affiliated carriers involved in the application. (Id. at
4.) The application further explains that Applicants have entered into
an amalgamation agreement (the Amalgamation Agreement) whereby TCL,
QCL, and VTT will merge into one entity (including all assets,
vehicles, and business operations) and operate under the existing
brand, TCL. (Id. at 3.) According to Applicants, the Amalgamation
Agreement is scheduled to close no earlier than November 1, 2024, but
in any event not before Board approval of this application. (Id.)
Further, Applicants state that the goal of the proposed transaction is
to enhance brand strength and simplify administrative processes while
having minimal changes to the day-to-day operations of the applicable
carriers. (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 have no
adverse impact on the adequacy of transportation services available for
the public. (Appl. 4.) According to Applicants, the proposed
transaction involves the combination of three businesses owned and
operated by Traxx. (Id.) Applicants state that TCL intends to continue
the operations of the carriers essentially as they are now being
conducted and that the public would not be affected by the transaction
other than by a change in name for the applicable entities. (Id.)
Applicants further state that this transaction would have no effect
on total fixed charges, and that no carrier employees would be
adversely affected by the contemplated transaction as there would be no
change in the carriers' day-to-day operations. (Id. at 4-5.)
Based on Applicants' representations, the Board finds that the
merger as proposed in the application is consistent with the public
interest. The application will be tentatively approved and authorized.
If any opposing comments are timely filed, these findings will be
deemed vacated, and, unless a final decision can be made on the record
as developed, a procedural schedule will be adopted to reconsider the
application. See 49 CFR 1182.6. 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 31, 2024, unless opposing
comments are filed by December 30, 2024. If any comments are filed,
Applicants may file a reply by January 14, 2025.
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: November 12, 2024.
[[Page 90343]]
By the Board, Board Members Fuchs, Hedlund, Primus, and Schultz.
Stefan Rice,
Clearance Clerk.
[FR Doc. 2024-26678 Filed 11-14-24; 8:45 am]
BILLING CODE 4915-01-P