[Federal Register Volume 80, Number 20 (Friday, January 30, 2015)]
[Notices]
[Page 5197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01742]


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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.
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    \1\ The 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).
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    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