54878 Federal Register / Vol. 74, No. 204 / Friday, October 23, 2009 / Notices 

1FWS 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). 

463, 5 U.S.C., Appendix 2), notice is 

hereby given for a Special Committee 

216/Aeronautical Systems Security 

meeting. The agenda will include: 

• Welcome/Introductions/ 

Administrative Remarks. 

• Agenda Overview and Approval of 

the Summary of the 10th meeting held 

September 1, 2009, (RTCA Paper No. 

213–09/SC216–021). 

• Report on the PMC/ICC action on 

TOR. 

• EUROCAE WG–72 Report. 

• Subgroup and Action Item Reports. 

• Subgroup Meetings/Break-outs. 

• Subgroup Reports on Break-outs. 

• Establish Dates, Location, and 

Agenda for Next Meeting(s). 

• Any Other Business. 

Attendance is open to the interested 

public but limited to space availability. 

With the approval of the chairmen, 

members of the public may present oral 

statements at the meeting. Persons 

wishing to present statements or obtain 

information should contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. Members of the public 

may present a written statement to the 

committee at any time. 

Issued in Washington, DC, on October 14, 

2009. 

Meredith Gibbs, 

Staff Specialist, RTCA Advisory Committee. 

[FR Doc. E9–25497 Filed 10–22–09; 8:45 am] 

BILLING CODE 4910–13–P 

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). 

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. 


CPrice-Sewell on DSKGBLS3C1PROD with NOTICES
Federal Register / Vol. 74, No. 204 / Friday, October 23, 2009 / Notices 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 

DEPARTMENT OF THE TREASURY 

Submission for OMB Review; 

Comment Request 

October 19, 2009. 

The Department of Treasury will 

submit the following public information 

collection requirement(s) to OMB for 

review and clearance under the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 on or after the date 

of publication of this notice. Copies of 

the submission(s) may be obtained by 

calling the Treasury Bureau Clearance 

Officer listed. Comments regarding this 

information collection should be 

addressed to the OMB reviewer listed 

and to the Treasury Department 

Clearance Officer, Department of the 

Treasury, Room 11000, and 1750 

Pennsylvania Avenue, NW., 

Washington, DC 20220. 

Dates: Written comments should be 

received on or before November 23, 

2009 to be assured of consideration. 

Internal Revenue Service (IRS) 

OMB Number: 1545–0975. 

Type of Review: Revision. 

Title: Estimated Tax for Corporations. 

Form: 1120–W; Schedule A (Part 1); 

Schedule A (Part II); Schedule A (Part 

III). 

Description: Form 1120–W is used by 

corporations to figure estimated tax 

liability and the amount of each 

installment payment. Form 1120–W is a 

worksheet only. It is not to be filed with 

the Internal Revenue Service. 

Respondents: Businesses or other forprofits. 

Estimated Total Burden Hours: 

12,832,766 hours. 

OMB Number: 1545–0712. 

Type of Review: Extension. 

Title: Risk Limitations. 

Form: 6198. 

Description: IRC section 465 requires 

taxpayers to limit their at-risk loss to the 

lesser of the loss or their amount at risk. 

Form 6198 is used by taxpayers to 

determine their deductible loss and by 

IRS to verify the amount deducted. 

Respondents: Businesses or other forprofits. 

Estimated Total Burden Hours: 

914,419 hours. 

OMB Number: 1545–0976. 

Type of Review: Revision. 

Title: Estimated Tax on Unrelated 

Business Taxable Income for TaxExempt Organizations. 

Form: 990–W; Schedule A (Part I); 

Schedule A (Part II); Schedule A (Part 

III). 

Description: Form 990–W is used by 

tax-exempt trusts and tax-exempt 

corporations to figure estimated tax 

liability on unrelated business income 

and on investment income for private 

foundations and the amount of each 

installment payment. Form 990–W is a 

worksheet only. It is not required to be 

filed. 

Respondents: Businesses or other forprofits; Not-for-profit institutions. 

Estimated Total Burden Hours: 

220,310 hours. 

OMB Number: 1545–2010. 

Type of Review: Extension. 

Title: Employer’s Annual Federal Tax 

Return (American Samoa, Guam, the 

Commonwealth of the Northern Mariana 

Islands, and the U.S. Virgin Islands). 

Form: 944–SS; 944–PR. 

Description: Form 944–SS and Form 

944–PR are designed so the smallest 

employers (those whose annual liability 

for social security and Medicare taxes is 

$1,000 or less) will have to file and pay 

these taxes only once a year instead of 

every quarter. 

Respondents: Businesses or other forprofits. 

Estimated Total Burden Hours: 

191,200 hours. 

OMB Number: 1545–1818. 

Type of Review: Extension. 

Title: Rev. Proc. 2003–38, Commercial 

Revitalization Deduction. 

Description: Pursuant to Sec. 1400I of 

the Internal Revenue Code, this 

procedure provides the time and 

manner for states to make allocations of 

commercial revitalization expenditures 

to a new or substantially rehabilitated 

building that is placed in service in a 

renewal community. 

Respondents: State, Local, and Tribal 

Governments. 

Estimated Total Burden Hours: 200 

hours. 

OMB Number: 1545–1834. 

Type of Review: Extension. 

Title: Revenue Procedure 2003–39, 

Section 1031 LKE (Like-Kind 

Exchanges) Auto Leasing Programs. 

Description: Revenue Procedure 

2003–39 provides safe harbors for 

certain aspects of the qualification 

under Sec. 1031 of certain exchanges of 

property pursuant to LKE Programs for 

federal income tax purposes. 

Respondents: Businesses or other forprofits. 

Estimated Total Burden Hours: 8,600 

hours. 

OMB Number: 1545–1502. 

Type of Review: Extension. 

Title: Form 5304–SIMPLE; Form 

5305–SIMPLE; Notice 98–4. 

Form: 5304–SIMPLE; 5305 SIMPLE. 

Description: Forms 5304–SIMPLE and 

5035–SIMPLE are used by an employer 

to permit employees to make salary 

reduction contributions to a savings 

incentive match plan (SIMPLE IRA) 

described in Code section 408(p). These 

forms are not to be filed with IRS, but 

to be retained in the employers’ records 

as proof of establishing such a plan, 

thereby justifying a deduction for 

contributions made to the SIMPLE IRA. 

The data is used to verify the deduction. 

Notice 98–4 provides guidance for 

employers and trustees regarding how 

they can comply with the requirements 

of Code section 408(p) in establishing 

and maintaining a SIMPLE Plan 

Respondents: Businesses or other forprofits. 

Estimated Total Burden Hours: 

2,113,000 hours. 

OMB Number: 1545–1069. 

Type of Review: Extension. 

Title: EE–175–86 (Final) Certain Cash 

or Deferred Arrangements and 

Employee and Matching Contributions 

under Employee Plans: REG–108639–99 

(NPRM) Retirement Plans; Cash or 

Deferred Arrangements. 

Description: The IRS needs this 

information to insure compliance with 

sections 401(k), 401(m), and 4979 of the 

Internal Revenue Code. Certain 

additional taxes may be imposed if 

sections 401(k) and 401(m) are not 

complied with. 

Respondents: Businesses or other forprofits. 

Estimated Total Burden Hours: 

1,060,000 hours. 

OMB Number: 1545–1699. 

Type of Review: Extension. 

Title: REG–103805–99 (Final) Agent 

for Consolidated Group. 

Description: The information is 

needed in order for a terminating 

common parent of a consolidated group 

to designate a substitute agent for the 


CPrice-Sewell on DSKGBLS3C1PROD with NOTICES