Federal Register / Vol. 80, No. 20 / Friday, January 30, 2015 / Notices 5197 

1The Board has exempted intra-corporate family 

transactions of motor carriers of passengers that do 

not result in significant operational changes, 

adverse changes in service levels, or a change in the 

competitive balance with carriers outside the 

corporate family in Class Exemption for Motor 

Passenger Intra-Corporate Family Transactions, FD 

33685 (STB served Feb. 18, 2000). 

collection techniques or other forms of 

information technology, e.g. permitting 

electronic submission of responses. 

In compliance with these 

requirements, NHTSA asks for public 

comments on the following proposed 

collection of information for which the 

agency is seeking approval from 

OMB Control Number: 2127–0008. 

Title: Consumer Complaint 

Information. 

Type of Request: Extension of a 

currently approved collection. 

Abstract: Chapter 301 of title 49 of the 

United States Code, the Secretary of 

Transportation is authorized to require 

manufacturers of motor vehicles and 

motor vehicle equipment to conduct 

owner notification and remedy, i.e., a 

recall campaign, when it has been 

determined that a safety defect exists in 

the performance, construction, 

components, or materials in motor 

vehicles and motor vehicle equipment. 

To make this determination, the 

National Highway Traffic Safety 

Administration (NHTSA) solicits 

information from vehicle owners which 

is used to identify and evaluate possible 

safety-related defects and provide the 

necessary evidence of the existence of 

such a defect. Under the Authority of 

chapter 301 of Title 49 of the United 

States Code, the Secretary of 

Transportation is authorized to require 

manufacturers of motor vehicle and 

motor vehicle equipment which do not 

comply with the applicable Federal 

motor vehicle safety standards or 

contains a defect that relates to motor 

vehicle safety to notify each owner that 

their vehicle contains a safety defect or 

noncompliance. Also, the manufacturer 

of motor vehicle replacement equipment 

presented for remedy pursuant to such 

notification shall cause such defect or 

noncompliance to be remedied without 

charge. In the case of a motor vehicle 

presented for remedy pursuant to such 

notification, the manufacturer shall 

cause the vehicle remedied by 

whichever of the following means he 

elects: (1) By repairing such vehicle; (2) 

by replacing such motor vehicle without 

charge; or (3) by refunding the purchase 

price less depreciation. To ensure these 

objectives are being met, NHTSA audits 

recalls conducted by manufacturer. 

These audits are performed on a 

randomly selected number of vehicle 

owners for verification and validation 

purposes. 

Affected Public: Individuals and 

Households. 

Estimated Total Annual Burden 

Hours: 11,814. 

Number of Respondents: 47,256. 

Authority: The Paperwork Reduction Act 

of 1995; 44 U.S.C. Chapter 35, as amended; 

and 49 CFR 1:48. 

Randy Reid, 

Chief, Correspondence Research Division, 

Office of Defects Investigation. 

[FR Doc. 2015–01780 Filed 1–29–15; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. MCF 21061] 

Frank Sherman, FSCS Corporation, 

TMS West Coast, Inc., Evergreen 

Trails, Inc., and Horizon Coach Lines 

NC Inc.—Intra-Corporate Family 

Transaction Exemption 

Frank Sherman, FSCS Corporation 

(FSCS), Evergreen Trails, Inc. 

(Evergreen), TMS West Coast, Inc. 

(TMS), and Horizon Coach Lines NC 

Inc. (Horizon NC) (collectively, 

Applicants), have filed a verified notice 

of exemption under the Board’s class 

exemption procedures at 49 CFR 

1182.9.1 Frank Sherman is an individual 

who controls motor passenger carrier 

Evergreen and is the controlling 

shareholder of FSCS. Evergreen, which 

conducts its motor passenger carrier 

operations using d/b/a/ Horizon Coach 

Lines, is directly owned by the 

noncarrier holding company TMS, 

which in turn is owned by the 

noncarrier holding company FSCS. 

Horizon NC is directly owned by FSCS. 

Currently, Horizon NC is not operating 

as a motor carrier and does not hold any 

motor carrier assets. Both Horizon NC 

and Evergreen are ultimately controlled 

by Mr. Sherman. 

Applicants state that the purpose of 

this reorganization is to enhance the 

efficiency of the North Carolina 

operations and avoid certain costs that 

would otherwise be incurred if 

Evergreen continued to conduct the 

operations. This notice will permit a 

transaction to go forward that will allow 

Horizon NC, an affiliate of Evergreen, to 

acquire and operate Evergreen’s North 

Carolina assets, including its intrastate 

operating authority, motor carrier 

passenger services, and certain key 

management personnel. This transaction 

will allow Evergreen to limit its 

reporting obligations in North Carolina 

to drivers and operations statewide, 

rather than nationwide. Applicants state 

that there would be no change in 

services currently offered or the 

management and assets used to provide 

these services. Applicants point out that 

the existing services being performed by 

Evergreen and its assets would simply 

be controlled by a different corporate 

entity within Evergreen’s corporate 

family. 

This is a transaction within a 

corporate family of the type specifically 

exempted from prior review and 

approval under 49 CFR 1182.9. 

Applicants state that the transaction has 

not and will not result in any change in 

service levels, significant operational 

changes, or any change in the 

competitive balance with carriers 

outside the corporate family. Applicants 

also state that (1) Horizon NC will 

acquire control of Evergreen’s North 

Carolina assets through an internal 

arrangement that will be entered into 

between Horizon NC and Evergreen, and 

(2) the only effect on employees is that 

employees currently employed by 

Evergreen in North Carolina will be 

employed Horizon NC. 

Applicants state that the transaction 

will not be consummated until at least 

seven days after the filing date of the 

verified notice of exemption. The notice 

was filed on December 31, 2014; 

therefore, consummation could occur on 

or after January 7, 2015. 

If the verified notice contains false or 

misleading information, the Board shall 

summarily revoke the exemption and 

require divestiture. Petitions to revoke 

the exemption under 49 U.S.C. 13541(d) 

may be filed at any time. See 49 CFR 

1182.9(c). 

An original and ten copies of all 

pleadings, referring to Docket No. MCF 

21061, must be filed with the Surface 

Transportation Board, 395 E Street SW., 

Washington, DC 20423–0001. In 

addition, a copy of each pleading must 

be served on David H. Coburn, Steptoe 

& Johnson LLP, 1330 Connecticut 

Avenue NW., Washington, DC 20036. 

Board decisions and notices are 

available on our Web site at 

www.stb.dot.gov. 

Decided: January 26, 2015. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Brendetta S. Jones, 

Clearance Clerk. 

[FR Doc. 2015–01742 Filed 1–29–15; 8:45 am] 

BILLING CODE 4915–01–P 


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