[Federal Register Volume 74, Number 204 (Friday, October 23, 2009)]
[Notices]
[Pages 54878-54879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25506]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. MC-F-21037]


Francis W. Sherman--Control--Evergreen Trails, Inc., Horizon 
Coach Lines, Ltd., and Cabana Coaches, LLC

AGENCY: Surface Transportation Board.

ACTION: Notice tentatively approving finance transaction.

-----------------------------------------------------------------------

SUMMARY: Francis W. Sherman (FWS), a noncarrier, has filed an 
application under 49 U.S.C. 14303 to acquire indirect control (through 
stock purchase) of Evergreen Trails, Inc. (Evergreen), and Horizon 
Coach Lines, Ltd. (Horizon), and to continue in control of Cabana 
Coaches, LLC (Cabana). Persons wishing to oppose the application must 
follow the rules at 49 CFR 1182.5 and 1182.8. The Board has tentatively 
approved the transaction, and, if no opposing comments are timely 
filed, this notice will be the final Board action.

DATES: Comments must be filed by December 7, 2009. Applicant may file a 
reply by December 22, 2009. If no comments are filed by December 7, 
2009, this notice is effective on that date.

ADDRESSES: Send an original and 10 copies of any comments referring to 
STB Docket No. MC-F-21037 to: Surface Transportation Board, 395 E 
Street, SW., Washington, DC 20423-0001. In addition, send one copy of 
comments to applicant's representatives: Michael L. Jennings, Esq., 
Ober Kaler Grimes & Shriver, a Professional Corporation, 120 East 
Baltimore Street, Baltimore, MD 21202, and Edward D. Greenberg, Esq., 
GKG Law, P.C., 1054 Thirty-First Street, NW., Washington, DC 20007.

FOR FURTHER INFORMATION CONTACT: Julia Farr, (202) 245-0359 [Federal 
Information Relay (FIRS) for the hearing impaired: 1-800-877-8339].

SUPPLEMENTARY INFORMATION: FWS currently controls one Federal Motor 
Carrier Safety Administration (FMCSA) registered passenger carrier, 
Cabana (MC-646780), a Florida limited liability company. Under the 
proposed transaction, FWS is seeking to acquire indirect control of 
Evergreen (MC-107638), a Washington corporation, and Horizon (MC-
144339), a corporation formed under the laws of the Province of British 
Columbia, Canada (collectively, the acquired carriers),\1\ both of 
which are FMCSA registered motor passenger carriers, and to continue in 
control of Cabana. According to FWS, pursuant to the Board's rules at 
49 CFR 1013, all of his interests in Cabana currently are being held in 
a voting trust to avoid any unlawful control pending disposition of 
this proceeding. FWS states that the annual aggregate gross operating 
revenues of Cabana and the acquired carriers exceed the $2 million 
jurisdictional threshold of 49 U.S.C. 14303(g).
---------------------------------------------------------------------------

    \1\ FWS states that, prior to this transaction, the acquired 
carriers were a part of the common control structure of Holland 
America Line Inc. See Holland America Line Inc.--Acquisition--Royal 
Hyway Tours, Inc., STB Docket No. MC-F-21033 (STB served Apr. 3, 
2009); Holland America Line Inc.--Control--Westours Motor Coaches, 
Inc., Evergreen Trails, Inc., Westmark Hotels of Canada, Ltd., 
Horizon Coach Lines, Ltd., and Discover Alaska Tours, Inc., STB 
Docket No. MC-F-21026 (STB served Mar. 21, 2008).
---------------------------------------------------------------------------

    Following approval and consummation of the transaction, FWS states 
that he will indirectly own all of the outstanding shares of stock in 
Evergreen and Horizon through his ownership of all of the outstanding 
shares of stock in TMS West Coast, Inc. (TMS), a Washington 
corporation, and TMS Canada Holdings Ltd. (TMS-CA), a British Columbia 
corporation. FWS indicates that TMS will acquire all of the outstanding 
shares of Evergreen and TMS-CA will acquire all of the outstanding 
shares of Horizon.
    Under 49 U.S.C. 14303(b), the Board must approve and authorize a 
transaction we find 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.
    Applicant has submitted information, as required by 49 CFR 
1182.2(a)(7), to demonstrate that the proposed acquisition of control 
is consistent with the public interest under 49 U.S.C. 14303(b). 
Applicant states that the proposed transaction will have no impact on 
the adequacy of transportation services available to the public, that 
the operations of the carriers involved will remain unchanged, that 
there are no fixed charges associated with the proposed transaction, 
and that no carrier employees will be adversely affected by the 
transaction, except for a small number of administrative employees who 
may lose their positions so that the acquired carriers can operate with 
increased efficiency. In addition, applicant has submitted all of the 
other statements and certifications required by 49 CFR 1182.2. 
Additional information, including a copy of the application, may be 
obtained from applicant's representatives.
    On the basis of the application, we find that the proposed 
acquisition of control is consistent with the public interest and 
should be 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.
    Board decisions and notices are available on our website at http://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.

[[Page 54879]]

    3. This notice will be effective on December 7, 2009, unless timely 
opposing comments are filed.
    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, 950 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 19, 2009.

    By the Board, Chairman Elliott, Vice Chairman Nottingham, and 
Commissioner Mulvey.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-25506 Filed 10-22-09; 8:45 am]
BILLING CODE 4915-01-P