Federal Register / Vol. 64, No. 140 / Thursday, July 22, 1999 / Notices 39555

NHTSA welcomes public review of control any U.S. carriers, filed an is a Delaware corporation that the technical report and invites the application under 49 U.S.C. 14303 to controls the operating carriers 4 through reviewers to submit comments about the acquire control of Coach USA, Inc. the management companies. Coach also data and the statistical methods used in (Coach), a noncarrier; its 7 noncarrier controls several non-federally regulated the report. The agency is interested in regional management subsidiaries (the bus, van, and taxicab companies.5 learning of any additional data or management companies); 1 and the 79 Stagecoach has formed two wholly information that could be used to motor passenger subsidiaries (the owned subsidiaries for the purpose of expand or improve the analyses. operating carriers) controlled by Coach If a commenter wishes to submit through the management companies. 4 Air Travel Transportation, Inc. (MC–166420); certain information under a claim of Persons wishing to oppose the Airlines Acquisition Co., Inc. (MC–223575); Airport Bus of Bakersfield (MC–163191); Airport Limousine confidentiality, three copies of the application must follow the rules under Service, Inc. (MC–315702); America Charters, Ltd. complete submission, including 49 CFR 1182.5 and 1182.8.2 The Board (MC–153814); ASTI, Inc. (MC–252353); Americoach purportedly confidential business has tentatively approved the Tours, Ltd. (MC–212649); Antelope Valley Bus, Inc. information, should be submitted to the transaction, and, if no opposing (MC–125057); Arrow Line, Inc. (MC–1934); Arrow Stage Lines, Inc. (MC–29592); Autocar Connaisseur, Chief Counsel, NHTSA, at the street comments are timely filed, this notice Inc. (MC–166643); Bayou City Coaches, Inc. (MC– address given above, and 2 copies from will be the final Board action. 245246); Black Hawk-Central City Ace Express, Inc. which the purportedly confidential DATES: Comments must be filed by (MC–273611); Blue Bird Coach Lines, Inc. (MC– 108531); Bonanza Bus Lines, Inc. (MC–13028); information has been deleted should be September 7, 1999. Applicants may file submitted to the Docket Section. A Browder Tours, Inc. (MC–236290); Brunswick a reply by September 20, 1999. If no Transportation Company d/b/a The Maine Line request for confidentiality should be comments are filed by September 7, (MC–109495); Butler Motor Transit, Inc. (MC– accompanied by a cover letter setting 1999, this notice is effective on that 126876); California Charters, Inc. (MC–241211); Cape Transit Corp. (MC–161678); Central Cab forth the information specified in the date. agency’s confidential business Company (MC–133058); Chenango Valley Bus ADDRESSES: Send an original and 10 Lines, Inc. (MC–141324); Clinton Avenue Bus information regulation. (49 CFR Part Company (MC–223062); Colonial Coach Corp. (MC– 512). copies of any comments referring to STB 39491); , Inc. (MC–76022); All comments received before the Docket No. MC–F–20948 to: Surface Community Transit Lines, Inc. (MC–145548); Desert close of business on the comment Transportation Board, Office of the Stage Lines, Inc. (MC–140919); El Expreso, Inc. Secretary, Case Control Unit, 1925 K (MC–244195); Erie Coach Lines Company (MC– closing date will be considered, and will 127027); Gad-About Tours, Inc. (MC–198451); GL be available for examination in the Street, NW, Washington, DC 20423– Bus Lines, Inc. (MC–180074); Gray Line Air Shuttle, docket at the above address both before 0001. In addition, send one copy of Inc. (MC–218255); Gray Line Tours, Inc. and after that date. To the extent comments to applicants’ (MC–180229); Gray Line Tours of Southern Nevada representatives: William C. Sippel, (MC–127564); Grosvenor Bus Lines, Inc. (MC– possible, comments filed after the 157317); Gulf Coast Transportation, Inc. (MC– closing date will also be considered. Oppenheimer Wolff & Donnelly 201397); H.A.M.L. Corp. (MC–195792); Hudson The NHTSA will continue to file (Illinois), Two Prudential Plaza, 45th Transit Corporation (MC–133403); Hudson Transit relevant information as it becomes Floor, 180 North Stetson Avenue, Lines, Inc. (MC–228); International Bus Services, Chicago, IL 60601–6710; and Betty Jo Inc. (MC–155937); Kansas City Executive Coach, available in the docket after the closing Inc. (MC–203805); Keeshin Charter Services, Inc. date, and it is recommended that Christian, Steptoe & Johnson LLP, 1330 (MC–118044); Keeshin Transportation, LP (MC– interested people continue to examine Avenue, N.W., Washington, 263222); Kerrville Bus Company, Inc. (MC–27530); the docket for new material. DC 20036. K-T Contract Services, Inc. (MC–218583); Leisure Time Tours, Inc. (MC–142011); Metro Cars, Inc. People desiring to be notified upon FOR FURTHER INFORMATION CONTACT: (MC–276823); Mini Coach of (MC–231090); receipt of their comments in the rules Beryl Gordon, (202) 565–1600. [TDD for Mountaineer Coach, Inc. (MC–229627); Niagara docket should enclose a self-addressed, the hearing impaired: (202) 565–1695.] Scenic Bus Lines, Inc. (MC–30787); stamped postcard in the envelope with Bus Co., Inc. (MC–138146); Orange, Newark, SUPPLEMENTARY INFORMATION: Elizabeth Bus, Inc. (MC–206227); P&S their comments. Upon receiving the Stagecoach is a public limited company Transportation, Inc. (MC–255382); Pawtuxet Valley comments, the docket supervisor will organized under the laws of Scotland Bus Lines (MC–115432); PCSTC, Inc. (MC–184852); return the postcard by mail. Transportation Charter Services, Inc. with no bus or other transportation (MC–319195); Powder River Transportation Authority: 49 U.S.C. 30111, 30168; interests in the United States. With Services, Inc. (MC–161531); Progressive delegation of authority at 49 CFR 1.50 and operations in eight other countries, Transportation Services, Inc. (MC–247074); Red & 501.8. however, Stagecoach is one of the Tan Charter, Inc. (MC–204842); Red & Tan Tours William H. Walsh, (MC–162174); , Inc. (MC–29890); world’s largest providers of passenger Ross Tours, Inc. (MC–175674); Salt Lake Coaches, 3 Associate Administrator for Plans and Policy. transportation services. It had annual Inc. (MC–347528); Stardust Tours, Inc. d/b/a Gray [FR Doc. 99–18671 Filed 7–21–99; 8:45 am] revenues for the fiscal year ending April Line Tours of Memphis (MC–318341); Suburban BILLING CODE 4910±59±P 30, 1999, of $2.475 billion. Management Corp. (MC–264527); Suburban Trails, Inc. (MC–149081); Corp. (MC– 115116); Syracuse and Oswego Coach Lines, Inc. 1 The management companies are: Coach USA (MC–117805); Texas Bus Lines, Inc. (MC–37640); DEPARTMENT OF TRANSPORTATION North Central, Inc.; Coach USA Northeast, Inc.; Tippett Travel, Inc. d/b/a Marie’s Charter Bus Lines Coach USA South Central, Inc.; Coach USA (MC–174043); Transportation Management Surface Transportation Board Southeast, Inc.; Coach USA West, Inc.; Coach Services, Inc. (MC–237433); Trentway-Wagar, Inc. Canada, Inc.; and Yellow Cab Service Corporation. (MC–126430); Tucker Transportation Co., Inc. (MC– [STB Docket No. MC±F±20948] 2 Revised procedures governing finance 223424); Utica-Rome Bus Co., Inc. (MC–7914); applications filed under 49 U.S.C. 14303 were Valen Transportation, Inc. (MC–212398); Van Stagecoach Holdings plcÐControlÐ adopted in Revisions to Regulations Governing Nortwick Bros., Inc. (MC–149025); Coach USA, Inc., et al. Finance Applications Involving Motor Passenger Coach Lines, Inc. (MC–123432); Worthen Van Carriers, STB Ex Parte No. 559 (STB served Sept. Service, Inc. (MC–142573); and 2948–7238 Quebec, AGENCY: Surface Transportation Board. 1, 1998). Inc. d/b/a Visite Touristique de Quebec (MC– 3 302514). ACTION: Notice tentatively approving Stagecoach’s principal business consists of divisions that provide significant bus and rail 5 The appropriate filing has been made under the finance application. passenger services in the United Kingdom, and an Hart-Scott-Rodino Antitrust Improvements Act of overseas division that operates buses in 1976, 15 U.S.C. 18a, with respect to that portion of SUMMARY: Stagecoach Holdings plc Scandinavia, Hong Kong, New Zealand, Portugal, the transaction that involves Stagecoach’s control of (Stagecoach), a noncarrier that does not Australia, and China. non-federally regulated entities.

VerDate 18-JUN-99 14:22 Jul 21, 1999 Jkt 183247 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\A22JY3.173 pfrm12 PsN: 22JYN1 39556 Federal Register / Vol. 64, No. 140 / Thursday, July 22, 1999 / Notices effectuating the proposed transaction: global transportation management This decision will not significantly SCH Holdings Corp. (Holdings); and expertise, the transaction will enable affect either the quality of the human SCH Acquisition Corp. (Acquisition), a Coach to expand its carrier acquisition environment or the conservation of wholly owned subsidiary of Holdings. program and to improve the level and energy resources. Both of these companies are Delaware amount of services already offered to the It is ordered: corporations, with no interest in any operating carriers. Further, it is 1. The proposed acquisition of control regulated carrier. Pursuant to an anticipated that fixed charges may be is approved and authorized, subject to agreement among Stagecoach, Holdings, reduced as a result of Stagecoach’s the filing of opposing comments. Acquisition, and Coach, Holdings has ability to refinance Coach’s existing debt 2. If timely opposing comments are undertaken a cash tender offer for up to on more favorable terms. Each of these filed, the findings made in this decision all of the outstanding shares of Coach. benefits, applicants contend, will will be deemed as having been vacated. Upon satisfaction of certain conditions translate into benefits for the traveling 3. This decision will be effective on and completion of the tender offer, public in the form of improved and September 7, 1999, unless timely Acquisition will be merged with and more competitive bus services. opposing comments are filed. into Coach, with Coach as the surviving Applicants state that Coach and its 4. A copy of this notice will be served entity. Coach will then be merged with subsidiaries will continue to observe on: (1) The U.S. Department of Justice, and into Holdings, with Holdings as the current collectively bargained Antitrust Division, 10th Street & surviving entity, and, upon completion agreements and that no layoffs are Avenue, NW, Washington, of that merger, the name of Holdings anticipated as a consequence of the DC 20530; and (2) the US Department of will be changed to Coach USA, Inc. If transaction. Transportation, Office of Motor Carriers- more than 80% of the stock of Coach is Applicants certify that: (1) The HIA 30, 400 Virginia Avenue, SW, Suite tendered in response to the tender offer, aggregate gross operating revenues from 600, Washington, DC 20004. the first of these mergers may be interstate operations of the operating Decided: July 15, 1999. unnecessary.6 After completion of these companies exceeded $2 million during By the Board, Chairman Morgan, Vice mergers, Coach will be a subsidiary of the 12-month period ending December Chairman Clyburn, and Commissioner Stagecoach.7 The transaction will not 31, 1998; (2) none of the operating Burkes. result in any transfer of operating carriers holds an unsatisfactory safety Vernon A. Williams, authority held by any of the operating rating from the U.S. Department of Secretary. carriers or in any change in the essential Transportation; (3) each has sufficient [FR Doc. 99–18745 Filed 7–21–99; 8:45 am] liability insurance; (4) none of the nature of the services provided by those BILLING CODE 4915±00±P carriers. The management of Coach is parties is domiciled in Mexico nor expected to remain largely in place, and owned or controlled by persons of that Stagecoach does not currently plan to country; and (5) approval of the DEPARTMENT OF TRANSPORTATION change the manner in which Coach is transaction will not significantly affect operated. either the quality of the human Surface Transportation Board environment or the conservation of Applicants submit that granting the [STB Finance Docket No. 33775] application will be consistent with the energy resources. Additional public interest and will have no adverse information may be obtained from the Delaware and Hudson Railway effects on the adequacy of transportation applicants’ representatives. Company, Inc.ÐTrackage Rights Under 49 U.S.C. 14303(b), we must to the public, fixed charges, or the ExemptionÐMetro North Commuter approve and authorize a transaction we interests of employees. Applicants also Railroad Company submit that the proposed transaction find consistent with the public interest, will have no adverse effect on taking into consideration at least: (1) Metro-North Commuter Railroad competition, because it will not result in The effect of the transaction on the Company (Metro-North) has agreed to the consolidation of any currently adequacy of transportation to the public; grant full service trackage rights to independent motor passenger carriers. (2) the total fixed charges that result; Delaware and Hudson Railway On the contrary, applicants believe that and (3) the interest of affected carrier Company, Inc. (D&H), over Metro- the transaction will significantly benefit employees. North’s rail line between CP7 near High On the basis of the application, we the traveling public and employees Bridge, NY, at approximately milepost find that the proposed acquisition of through efficiency savings and 6.6 in Bronx County, NY, and CP75 control is consistent with the public innovations that will result from the north of Poughkeepsie, NY, at interest and should be authorized. If any approximately milepost 75.8 in combination of the financial and opposing comments are timely filed, management resources of Stagecoach Dutchess County, NY, a distance of 69.2 this finding will be deemed to be 1 and Coach. Specifically, it is anticipated miles. The scope of these rights and vacated and, unless a final decision can their terms were established by the that by providing Coach access to be made on the record as developed, a Stagecoach’s significant resources and Board in CSX Corporation and CSX procedural schedule will be adopted to Transportation, Inc., Norfolk Southern reconsider the application.8 If no 6 Applicants have indicated that the structure of Corporation and Norfolk Southern the transaction may be altered as future opposing comments are filed by the Railway Company—Control and circumstances warrant. For example, an additional expiration of the comment period, this Operating Leases/Agreements—Conrail holding company or U.S. limited partnership may decision will take effect automatically Inc. and Consolidated Rail Corporation, be placed in the corporate chain between and will be the final Board action. STB Finance Docket No. 33388 et al., Stagecoach and Coach. Applicants have requested Board decisions and notices are that the control authority granted herein include any such intermediate entities. Applicants have available on our website at 1 A redacted version of the trackage rights represented that any such change will not affect the WWW.STB.DOT.GOV.’’ agreement between Metro-North and D&H was filed material terms of the transaction, and that they will with the notice of exemption. The full version of inform the Board of any changes in the present 8 Under revised 49 CFR 1182.6(c), a procedural the agreement, as required by CFR 1180.6(a)(7)(ii), arrangement. schedule will not be issued if we are able to dispose was concurrently filed under seal along with a 7 Pending Board action on this application, the of opposition to the application on the basis of motion for a protective order, which is being stock will be held in independent voting trusts. comments and the reply. addressed in a separate decision.

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