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[Federal Register: January 11, 2001 (Volume 66, Number 8)]
[Notices]               
[Page 2477]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11ja01-169]                         


[[Page 2477]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. MC-F-20975]

 
Stagecoach Holdings plc and Coach USA, Inc., et al.-Control-B & B 
Bus Corporation, Inc., et al.

AGENCY: Surface Transportation Board, Transportation.

ACTION: Notice tentatively approving finance application.

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SUMMARY: Stagecoach Holdings plc (Stagecoach), and its subsidiary, 
Coach USA, Inc. (Coach), both noncarriers that control motor passenger 
carriers, and various subsidiaries of each (collectively, applicants), 
filed an application under 49 U.S.C. 14303 for Stagecoach, related 
applicants, Coach, and Coach's wholly owned subsidiary, Coach USA 
Northeast, Inc. (Coach Northeast), to acquire control of twenty-four 
New Jersey-based motor passenger carriers (New Jersey Carriers),\1\ 
which hold federally issued operating authority to provide charter and 
special operations between points in the United States.\2\ 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.
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    \1\ The twenty-four motor passenger carriers are: B & B Bus 
Corporation, Inc. (MC-233189), Cisko Bus Co., Inc. (MC-22072), 
D'Arcangelo Bus Co., Inc. (MC-168603), E & A Bus Co., Inc. (MC-
168561), Elizabeth Bus Company (MC-168567), Gilsam Bus Company, Inc. 
(MC-233195), Independent Bus Company, Inc. (MC-168548), J & J Bus 
Company, Inc. (MC-168563), J & J Transit, Inc. (MC-233193), J & L 
Bus Co., Inc. (MC-168602), Kaunas Bus Co., Inc. (MC-168549), M & J 
Bus Company, Inc. (MC-233197), Meadowlands Transit, Inc. (MC-
168588), Minsol Bus Company, Inc. (MC-233198), Penn-Mall Transit, 
Inc. (MC-208153), R & W, Inc. (MC-168547), R & W Transit, Inc. (MC-
233186), Road Runner Tours, Inc. (MC-168623), Seven Bus Corporation 
(MC-233196), South Orange Avenue Bus Association (MC-168650), South 
Orange Avenue Bus Company, Inc. (MC-168569), Superior Bus Co., Inc. 
(MC-168622), Vailsburg Bus Co., Inc. (MC-165416), and WJB Company, 
Inc. (MC-233200).
    \2\ Each of the carriers also holds New Jersey intrastate 
authority. The operations of the carriers consist primarily of 
regular-route intrastate operations in northern New Jersey and 
occasional interstate charter operations.

DATES: Comments must be filed by February 26, 2001. Applicants may file 
a reply by March 12, 2000. If no comments are filed by February 26, 
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2001, this notice is effective on that date.

ADDRESSES: Send an original and 10 copies of any comments referring to 
STB Docket No. MC-F-20975 to: Surface Transportation Board, Office of 
the Secretary, Case Control Unit, 1925 K Street, NW., Washington, DC 
20423-0001. In addition, send one copy of comments to applicants' 
representative: Betty Jo Christian, Steptoe & Johnson LLP, 1330 
Connecticut Avenue, NW., Washington, DC 20036.

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

SUPPLEMENTARY INFORMATION: Stagecoach is a public limited company 
organized under the laws of Scotland, and Coach is a Delaware 
corporation. Stagecoach and its subsidiaries currently control Coach 
and its noncarrier regional management subsidiaries, as well as the 
motor passenger carriers jointly controlled by Coach and the management 
subsidiaries.\3\
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    \3\ See Stagecoach Holdings plc-Control-Coach USA, Inc., et al., 
STB Docket No. MC-F-20948 (STB served July 22, 1999).
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    Applicants state that, in June 2000, Coach purchased all of the 
outstanding stock of nineteen of the New Jersey Carriers, and acquired 
five additional carriers in that transaction by virtue of the fact that 
some of the nineteen carriers had wholly owned subsidiaries. 
Simultaneously with the purchase, Coach established five independent 
voting trusts, and placed 20% of the stock of each of the twenty-four 
New Jersey Carriers into each of the five separate voting trusts, to 
ensure no unlawful control of the carriers pending Board approval of 
the application.
    Applicants submit that the federal and state operating authorities 
held by the New Jersey Carriers will not be transferred from one entity 
to another as a result of the control transaction, and that there will 
be no change in the operations of any of the New Jersey Carriers.
    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.
    Applicants have 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, applicants have 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, including a copy of the application, may be 
obtained from the applicants' 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 either the quality of 
the human environment or the conservation of energy resources.
    It is ordered: 
    1. The proposed acquisitions of control are 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 February 26, 2001, 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--MC-RI, 
400 Virginia Avenue, SW., Suite 600, Washington, DC 20024; (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, 400 7th Street, SW., 
Washington, DC 20590.

    Decided: January 4, 2001.

    By the Board, Chairman Morgan, Vice Chairman Burkes, and 
Commissioner Clyburn.
Vernon A. Williams,
Secretary.
[FR Doc. 01-954 Filed 1-10-01; 8:45 am]
BILLING CODE 4915-00-P

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