Larry Ferguson d/b/a Transouth Motorcoach, LLC--Acquisition of Control--C & H Bus Lines, Inc.

Larry Ferguson d/b/a Transouth Motorcoach, LLC--Acquisition of Control--C & H Bus Lines, Inc.
Topics: Sumitomo
Larry Ferguson d/b/a Transouth Motorcoach, LLC--Acquisition of Control--C & H Bus Lines, Inc.
Jeffrey Herzig
Surface Transportation Board
26 March 2018
[Federal Register Volume 83, Number 58 (Monday, March 26, 2018)]
[Notices]
[Pages 13001-13002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06050]


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SURFACE TRANSPORTATION BOARD

[Docket No. MCF 21081]


Larry Ferguson d/b/a Transouth Motorcoach, LLC--Acquisition of 
Control--C & H Bus Lines, Inc.

AGENCY: Surface Transportation Board.

ACTION: Notice tentatively approving and authorizing finance 
transaction.

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SUMMARY: On February 27, 2018, Larry Ferguson d/b/a TranSouth 
Motorcoach, LLC (TranSouth) filed an application to acquire C & H Bus 
Lines, Inc. (C&H). TranSouth and C&H are each federally registered, 
passenger motor carriers incorporated and registered in Georgia. The 
Board is tentatively approving and authorizing 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 
Board rules.

DATES: Comments must be filed by May 10, 2018. Applicant may file a 
reply by May 25, 2018. If no opposing comments are filed by May 10, 
2018, this notice shall be applicable on May 11, 2018.

ADDRESSES: Send an original and 10 copies of any comments referring to 
Docket No. MCF 21081 to: Surface Transportation Board, 395 E Street SW, 
Washington, DC 20423-0001. In addition, send one copy of comments to: 
J. Hatcher Graham, J. Hatcher Graham, P.C., 303 Pheasant Ridge, Warner 
Robins, GA 31088.

FOR FURTHER INFORMATION CONTACT: Jonathon Binet at (202) 245-0368. 
Federal Information Relay Service (FIRS) for the hearing impaired: 1-
800-877-8339.

SUPPLEMENTARY INFORMATION: TranSouth is a motor carrier licensed by the 
Federal Motor Carrier Safety Administration (FMCSA) (MC-465826) that 
provides motor carrier passenger services in Georgia. TranSouth is 
wholly owned by Larry Ferguson and operates eight to nine passenger 
vehicles and utilizes 18 drivers. (Appl. 3, Ex. 1, Motor Carrier 
Identification Report.) \1\
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    \1\ Concurrent with its application, TranSouth also filed, in 
Docket No. MCF 21081 TA, a request under 49 U.S.C. 14303(i) to 
operate the assets to be acquired on an interim basis pending 
approval of the acquisition. The Board addresses that request in a 
separate decision issued concurrently with this decision.
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    C&H is also a federally-registered motor carrier of passengers (MC-
114957). In providing its passenger services to the public, C&H 
utilizes 18-20 passenger vehicles and 22 drivers. (Appl. 3, Ex. 2, 
FMCSA Safety Measurement System Data.) The stock in C&H is owned by 
members of the Cullens family: George L. Cullens, Sr.; George L. 
Cullens, Jr.; Edna F. Cullens; and Jerri J. Cullens. (Appl. 3, Ex. 3, 
Signatures and Certifications.) \2\
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    \2\ Although not mentioned in the application, both TranSouth 
and C&H are listed as ``interstate'' passenger carriers in their 
FMCSA registrations.
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    TranSouth states that, under the proposed transaction, all of the 
outstanding stock in C&H would be acquired by Larry Ferguson. According 
to TranSouth, the parties have signed a Letter of Intent, deposited 
earnest money, and drafted and signed a Stock Purchase Agreement. 
TranSouth further states that final closing will occur upon interim or 
final Board approval.\3\
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    \3\ As noted in Larry Ferguson--Acquisition of Control--C & H 
Bus Lines, Inc., MCF 21081 TA, concurrently served with this 
decision, the Board reminds TranSouth that a grant of interim 
approval is temporary, and that final closing cannot occur until 
final Board approval. The grant of interim approval permits 
TranSouth only to operate the property of C&H until final Board 
approval.
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    Under 49 U.S.C. 14303(b), the Board must approve and authorize a 
transaction that it finds consistent with the public interest, taking 
into consideration at least: (1) The effect of the proposed transaction 
on the adequacy of transportation to the public; (2) the total fixed 
charges that result; and (3) the interest of affected carrier 
employees. TranSouth has submitted the information required by 49 CFR 
1182.2, including information to demonstrate that the proposed 
transaction is consistent with the public interest under 49 U.S.C. 
14303(b) and a statement, pursuant to 49 U.S.C. 14303(g), that 
TranSouth and C&H exceeded $2 million in gross operating revenues for 
the preceding 12-month period.\4\
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    \4\ Parties must certify that the transaction involves carriers 
whose aggregate gross operating revenues exceed $2 million, as 
required under 49 CFR 1182.2(a)(5).
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    TranSouth states that the proposed transaction would not have a 
material, detrimental impact on the adequacy of transportation services 
to the public but rather would improve services to the public. 
According to TranSouth, the

[[Page 13002]]

proposed transaction would allow for more efficient and productive 
management, modernizations of both rolling stock and maintenance 
equipment, and consolidation of debt structures. TranSouth states that 
the transaction would result in better service and savings in fares to 
the public. Also, TranSouth states that the proposed transaction would 
allow both companies to serve and expand their customer bases, thereby 
increasing the number of their employees in operations and maintenance.
    TranSouth further asserts that the proposed transaction would not 
adversely affect competition or the public interest. According to 
TranSouth, its and C&H's service areas include the following: The 
entire Middle Georgia area; the cities of Macon, Savannah, Valdosta, 
Cordele, Forsyth, and Dublin; and the southern area of suburban Atlanta 
(the Service Area). TranSouth states that competition is robust with at 
least eight other companies providing motor coach passenger services 
within a 50-mile radius of the Service Area. Also, TranSouth states 
that the Atlanta metropolitan area is within 80 miles of the Service 
Area and has numerous entities that compete with both TranSouth and 
C&H.
    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, these findings 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.
    This action is categorically excluded from environmental review 
under 49 CFR 1105.6(c).
    Board decisions and notices are available on our website at 
WWW.STB.GOV.
    It is ordered:
    1. The proposed transaction is approved and authorized, subject to 
the filing of opposing comments.
    2. If opposing comments are timely filed, the findings made in this 
notice will be deemed vacated.
    3. This notice will be effective May 11, 2018, unless opposing 
comments are filed by May 10, 2018.
    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, 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: March 20, 2018.

    By the Board, Board Members Begeman and Miller.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2018-06050 Filed 3-23-18; 8:45 am]
 BILLING CODE 4915-01-P