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[Federal Register: February 3, 2000 (Volume 65, Number 23)]
[Notices]               
[Page 5392]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03fe00-137]                         


[[Page 5392]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. MC-F-20959]

 
Laidlaw Inc., and Laidlaw Transportation, Inc.--Acquisition and 
Control--Hotard Coaches, Inc., and Coastliner, d/b/a Mississippi Coast 
Limousine, Inc.

AGENCY:  Surface Transportation Board.

ACTION:  Notice Tentatively Approving Finance Transaction.

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SUMMARY:  In an application filed under 49 U.S.C. 14303, Laidlaw Inc. 
(Laidlaw), a noncarrier, through its noncarrier subsidiary, Laidlaw 
Transportation, Inc. (Laidlaw Transportation) (collectively referred to 
as Laidlaw), seeks to purchase and acquire control of Hotard Coaches, 
Inc. (Hotard), and Hotard's subsidiary, Coastliner, d/b/a Mississippi 
Coast Limousine, Inc. (Coastliner), both motor passenger carriers. 
Persons wishing to oppose the application must follow the rules under 
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 March 20, 2000. Applicant may file a 
reply by April 3, 2000. If no comments are filed by March 20, 2000, 
this notice is effective on that date.

ADDRESSES:  Send an original and 10 copies of any comments referring to 
STB Docket No. MC-F-20959 to: Surface Transportation Board, Office of 
the Secretary, Case Control Unit, 1925 K Street, N.W., Washington, DC 
20423-0001. In addition, send one copy of comments to applicant's 
representative: Fritz R. Kahn, Suite 750 West, 1100 New York Avenue, 
N.W., Washington, DC 20005-3934.

FOR FURTHER INFORMATION CONTACT:  Beryl Gordon, (202) 565-1600. [TDD 
for the hearing impaired: 1-800-877-8339.]

SUPPLEMENTARY INFORMATION:  Laidlaw seeks authority to acquire control 
of Hotard and Coastliner through the acquisition of all of Hotard's 
common stock which is being held in a voting trust.\1\ Laidlaw states 
that Hotard will continue to be managed by its president, Ms. Eva 
Hotard, and will maintain its separate office in New Orleans.
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    \1\ Laidlaw Transportation purchased all of the issued and 
outstanding shares of the common stock of Hotard and placed them in 
a voting trust, pursuant to the terms of a Voting Trust Agreement, 
dated December 21, 1999.
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    Hotard has limited regular-route authority and holds federally 
issued authority in Docket No. MC-143881, which authorizes it to 
provide special and charter operations in Louisiana and Mississippi. 
Coastliner also provides special and charter operations in Louisiana 
and Mississippi pursuant to federally issued authority in Docket No. 
MC-133182.
    Laidlaw currently controls motor passenger carriers whose 
operations, with the exception of those of Greyhound Lines, Inc. 
(Greyhound), are largely limited to charter and special operations in 
the United States. Greyhound holds federally issued operating authority 
in Docket No. MC-1515 and provides mainly nationwide, scheduled 
regular-route operations. Although Greyhound performs some special and 
charter operations, according to Laidlaw, Greyhound does not have the 
same contacts and relationships with patrons as Hotard and Coastliner, 
within their distinct regional market.\2\ The other Laidlaw motor 
passenger carriers do not conduct operations in the regional markets 
served by Hotard and Coastliner. Laidlaw asserts that the addition of 
Hotard and Coastliner will contribute significantly to the breadth of 
services that Greyhound and the other Laidlaw affiliates are able to 
provide to the public.
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    \2\ Laidlaw states that Hotard and Coastliner have contacts with 
casino operators in Louisiana and Mississippi and established 
relationships with churches, schools, and other institutions in the 
area. In addition, Laidlaw states that Hotard provides sightseeing 
services in New Orleans.
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    Under 49 U.S.C. 14303(b), we 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 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). 
Specifically, applicant has shown that the proposed transaction will 
have a positive effect on the adequacy of transportation to the public 
and will result in no increase in fixed charges and no changes in 
employment. See 49 CFR 1182.2(a)(7). Additional information may be 
obtained from applicant's representative.
    On the basis of the application, we find that the proposed 
transaction 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 
decision will take effect automatically and will be the final Board 
action.
    Board decisions and notices are available on our website at: 
``<A HREF="http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://WWW.STB.DOT.GOV">WWW.STB.DOT.GOV</A>.''
    This decision will not significantly affect the quality of the 
human environment or the conservation of energy resources.
    It is ordered:
    1. The proposed acquisition and control is approved and authorized, 
subject to the filing of opposing comments.
    2. If timely opposing comments are filed, the findings made in this 
decision will be deemed as having been vacated.
    3. This decision will be effective on March 20, 2000, unless timely 
opposing comments are filed.
    4. A copy of this notice will be served on: (1) the U.S. Department 
of Transportation, Office of Motor Carrier Safety--HMCE-20, 400 
Virginia Avenue, S.W., Suite 600, Washington, DC 20024; (2) the U.S. 
Department of Justice, Antitrust Division, 10th Street & Pennsylvania 
Avenue, N.W., Washington, DC 20530; and (3) the U.S. Department of 
Transportation, Office of the General Counsel, 400 7th Street, S.W., 
Washington, DC 20590.

    Decided: January 28, 2000.

    By the Board, Chairman Morgan, Vice Chairman Burkes, and 
Commissioner Clyburn.
Vernon A. Williams,
Secretary.
[FR Doc. 00-2285 Filed 2-2-00; 8:45 am]
BILLING CODE 4915-00-P

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