[Federal Register Volume 76, Number 212 (Wednesday, November 2, 2011)]
[Notices]
[Pages 67790-67791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28408]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. MC-F 21041]
National Express Acquisition Corporation--Control--Petermann
Partners, Inc.
AGENCY: Surface Transportation Board.
ACTION: Notice Tentatively Approving and Authorizing Finance
Transaction.
-----------------------------------------------------------------------
SUMMARY: National Express Acquisition Corporation (NEAC) and National
[[Page 67791]]
Express Corporation (NEC), both noncarriers, have filed an application
under 49 U.S.C. 14303 for NEAC's acquisition of control of Petermann
Partners, Inc. (PPI), a noncarrier, and the passenger motor carriers
PPI controls: Beck Bus Transportation Corp. (MC-143528); Petermann
Northeast, LLC (MC-723926); Petermann Northwest, LLC (MC-638608);
Petermann Southwest, LLC (MC-644996); Petermann STSA, LLC (which has
filed for registration in FMCSA Docket No. MC-749360); MV Student
Transportation, Inc. (MC-148934); Carrier Management, Inc. (no MC
number); and Petermann Ltd. (MC-364668) (collectively, Petermann
Carriers). The Board has tentatively approved and authorized the
transaction, and, if no opposing comments are timely filed, this notice
will be the final Board action. Persons wishing to oppose the
application must follow the rules under 49 CFR 1182.5 and 1182.8.
DATES: Comments must be filed by December 16, 2011. Applicants may file
a reply by December 30, 2011. If no comments are filed by December 16,
2011, this notice is effective on that date.
ADDRESSES: Send an original and 10 copies of any comments referring to
Docket No. MC-F 21041 to: Surface Transportation Board, 395 E Street
SW., Washington, DC 20423-0001. In addition, send one copy of comments
to the Applicants' representative: Andrew K. Light, Scopelitis, Garvin,
Light, Hanson & Feary, P.C., 10 W. Market Street, Suite 1500,
Indianapolis, IN 46204.
FOR FURTHER INFORMATION CONTACT: Julia M. Farr, (202) 245-0359. Federal
Information Relay Service (FIRS) for the hearing impaired: 1-(800) 877-
8339.
SUPPLEMENTARY INFORMATION: A British Corporation, National Express
Group, PLC, controls NEC and NEAC, both of which are noncarrier holding
companies incorporated in Delaware. NEC controls Vogel Bus Company,
Inc. (MC-274520) (Vogel) and Durham School Services, L.P. (MC-163066)
(Durham), both of which are motor carriers providing interstate charter
passenger services to the public.\1\ PPI is a noncarrier holding
company incorporated in Delaware. All of the Petermann Carriers
primarily provide school bus transportation. Their interstate charter
operations, which are subject to the Board's jurisdiction, are limited
and often provided in school buses.
---------------------------------------------------------------------------
\1\ The core business of Vogel and Durham is transporting
students to and from school, a type of transportation that is not
subject to Board jurisdiction. See 49 U.S.C. 13506(a)(1). Vogel and
Durham also provide interstate charter services (using both school
buses and motor coaches), which is subject to the Board's
jurisdiction.
---------------------------------------------------------------------------
Under the proposed transaction, NEAC seeks permission to acquire,
directly or indirectly, all of the shares of PPI. Applicants state that
NEC's ``operational infrastructure will be relied upon heavily for the
actual operation of [the Petermann Carriers].'' Accordingly, because of
this and the fact that NEC controls 2 carriers, NEC has been included
as an applicant in an abundance of caution.
Under 49 U.S.C. 14303, the Board must approve and authorize a
transaction it finds consistent with the public interest, taking into
consideration at least: (1) The effect of the transaction on the
adequacy of transportation to the public; (2) the total fixed charges
that result; and (3) the interest of affected carrier employees.
Applicants have submitted information, as required by 49 CFR 1182.2,
including the information to demonstrate that the proposed transaction
is consistent with the public interest under 49 U.S.C. 14303(b), and a
statement that the 12-month aggregate gross operating revenues of all
motor carrier parties and all motor carriers controlling, controlled
by, or under common control with any party exceeded $2 million.
Applicants state that: (1) The proposed transaction will have no
impact on the adequacy of transportation services available to the
public, because the operations of the Petermann carriers will continue
to be provided by the same companies under the same name, as part of
the NEC corporate family, an organization with experience in passenger
transportation; and (2) the proposed transaction will have no fixed
charges. Applicants also state that the proposed transaction will not
have substantial impacts on employees or labor conditions because NEC
does not anticipate a measurable reduction in force or change in
compensation levels and/or benefits, although NEC states that it is
possible that a limited number of back-office and/or managerial
personnel could be affected. Additional information, including a copy
of the application, may be obtained from the applicants'
representative.
On the basis of the application, the Board finds that the proposed
acquisition of control is consistent with the public interest and
should be tentatively approved and authorized. If any opposing comments
are timely filed, this finding 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(c). 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.
The parties' application and Board decisions and notices are
available on our Web site at WWW.STB.DOT.GOV.
This decision will not significantly affect either the quality of
the human environment or the conservation of energy resources.
It is ordered:
1. The proposed finance transaction is approved and authorized,
subject to the filing of opposing comments.
2. If timely opposing comments are filed, the findings made in this
notice will be deemed as having been vacated.
3. This notice will be effective December 16, 2011, unless timely
opposing comments are filed.
4. A copy of this decision will be served on: (1) 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 28, 2011.
By the Board, Chairman Elliott, Vice Chairman Begeman, and
Commissioner Mulvey.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011-28408 Filed 11-1-11; 8:45 am]
BILLING CODE 4915-01-P