Federal Register/Vol. 68, No. 41/Monday, March 3, 2003/Notices
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Federal Register / Vol. 68, No. 41 / Monday, March 3, 2003 / Notices 10067 Why an Exemption Would Be in the compliance with Standard No. 201 ADDRESSES: Send an original and 10 Public Interest and Consistent With the would cause substantial economic copies of any comments referring to STB Objectives of Motor Vehicle Safety hardship to a manufacturer that has Docket No. MC–F–20994 to: Surface In its application, Lotus simply said tried in good faith to comply with the Transportation Board, 1925 K Street, that ‘‘the extension will continue to be standard. It is further found that a NW., Washington, DC 20423–0001. In consistent with the public interest and temporary exemption from Standard No. addition, send one copy of any comments to each of applicants’ the objectives of the Safety Act.’’ On 201 would be in the public interest and representatives: (1) E. Philip Isaac, December 16, 2002, it repeated and consistent with the objectives of traffic Deputy Attorney General, One Penn confirmed the assertions made in the safety. Therefore, NHTSA Temporary Plaza East, Newark, NJ 07105–2246; and past that, after many years of sales of the Exemption No. 99–12, exempting the (2) Joseph J. Ferrara, 111 Paterson Esprit with its current body shape, the Esprit model from 49 CFR 571.201 Avenue, Hoboken, NJ 07030. company knew of no head injuries Standard No. 201, Occupant Protection suffered by occupants contacting the in Interior Impact, is hereby extended to FOR FURTHER INFORMATION CONTACT: upper interior of the cockpit. The February 1, 2004. Joseph H. Dettmar, (202) 565–1600. number of vehicles anticipated to be (49 U.S.C. 30113; delegations of [Assistance for the hearing impaired is sold during the exemption period is authority at 49 CFR 1.50. and 501.8) available through the Federal insignificant in terms of the number of Issued on: February 25, 2003. Information Relay Service (FIRS) at 1– 800–877–8339.] vehicles already on the roads. Jeffrey W. Runge, SUPPLEMENTARY INFORMATION: If Lotus USA is required to close Administrator. Under the because of a denial, its employees will proposed pooling agreement, the [FR Doc. 03–4801 Filed 2–28–03; 8:45 am] carriers will coordinate their schedules be out of work and its dealers BILLING CODE 4910–59–M ‘‘significnatly adversely affected.’’ In its and fares over the involved routes for new application, the company adds that their regularly scheduled passenger bus operations. The carriers do not intend to its ‘‘image and credibility would be DEPARTMENT OF TRANSPORTATION ruined.’’ An exemption would be pool revenues or share expenses (except consistent with the public policy of Surface Transportation Board for the costs associated with preparing affording consumers a wide choice of and printing public timetables showing motor vehicles. [STB Docket No. MC–F–20994] their combined coordinated services and Port Authority Bus Terminal Comments Received on the Lotus New Jersey Transit Bus Operations, (PABT) gate and platform fees), but will Petition Inc.—Pooling—Academy Lines, L.L.C. cross-honor their independently sold commutation tickets and reimburse each We received five comments on the AGENCY: Surface Transportation Board. Lotus petition, all of which supported other accordingly. ACTION: Notice of proposed pooling In 1991, NJ Transit was authorized to an extension of the exemption. Three of application. the comments emphasized the perform these same pooling operations with another regulated passenger importance of adequate repair facilities SUMMARY: By application filed on carrier, Suburban Trails, Inc. and availability of spare parts for the January 27, 2003,1 New Jersey Transit (Suburban). See NJ Transit Bus continued safe operation of Lotus cars Bus Operations, Inc. (NJT Bus), and Operations, Inc.—Pooling—Suburban in the United States. Academy Lines, L.L.C. (Academy), Trails, Inc., No. MC–F–19737 (ICC jointly request approval of a service The Agency’s Findings served Mar. 19, 1991). Effective January pooling agreement under 49 U.S.C. 3, 2003, however, Suburban ceased Both the 1999 and 2002 petitions by 14302 and 49 CFR 1184.1, et seq. to pool serving the Route 9 Corridor, withdrew Lotus clearly demonstrate the financial portions of their commuter operations from the pooling agreement, and exited turmoil that the company has that extend over U.S. Highway 9 experienced in the past few years. With the market. By the filing of this between Lakewood, NJ, and New York, application, approval is being sought to recent losses cumulating over NY (the Route 9 Corridor). allow Academy to assume Suburban’s $24,000,000, Lotus has experienced DATES: Comments on the proposed place in the pooling operation.2 some temporary relief by the infusion of service pooling agreement may be filed NJT Bus is a wholly owned subsidiary capital from Proton. This relief will with the Board in the form of verified of the New Jersey Transit Corporation, allow it to manufacturer from existing statements on or before April 2, 2003. If parts the final 140 Esprits and to sell comments are filed, applicants’ rebuttal 2 In an application filed on February 4, 2003 in them in the Untied States (cars which, statement is due on or before April 22, STB Docket No. MC–F–20997, Coach USA, Inc., et built to American specifications, might 2003. The Board will issue a decision on al.—Purchase and Sale of Assets—Academy Bus, not be saleable elsewhere). In L.L.C., et al., Coach USA, Inc. and two of its the merits after consideration of any subsidiaries, Suburban Transit Corp., and Red & engineering the M260 to comply with comments and rebuttal that are Tan Tours, Inc. (the Coach applicants), and Standard No. 201, Lotus has made a submitted. Academy Bus, L.L.C. and two of its subsidiaries, good faith effort to comply with that Academy Express, L.L.C., and Academy (the standard. The term of the exemption Academy applicants) state that they have entered 1 Applicants concurrently filed a petition under into a transaction to ‘‘swap’’ certain interstate and would be short and only a limited 49 U.S.C. 13541(a) requesting exemption from 49 intrastate motor passenger carrier operating number of vehicles produced under it. U.S.C. 14302 so as to enable them to conduct authorities in order to enhance the efficiency of An exemption would assure an interim operations under their service pooling their respective operations. The Academy adequate supply of spare parts and agreement for a period of not more than 50 days, applicants will transfer to the Coach applicants the or such other time as the Board may direct, pending ‘‘Academy Routes,’’ while the Coach applicants will afford a continuing, uninterrupted Board action on the pooling application. transfer to the Academy applicants the ‘‘Route 9 commercial relationship with Lotus Applicants’ request was granted by decision served Corridor route,’’ the ‘‘Suburban Atlantic City dealers and their employees in the February 12, 2003 in New Jersey Transit Bus Routes,’’ and the ‘‘Red & Tan Routes.’’ This Operations, Inc.—Pooling—Academy Lines, L.L.C., proceeding is presently pending before the Board. United States. Exemption Pursuant to 49 U.S.C. 13541 From the Reference is made to it here because Academy and According, for the reasons discussed Provisions of 49 U.S.C. 14302, STB Docket No. MC– Suburban (another Coach subsidiary) are involved above, it is hereby found that to require F–20994 (STB served Feb. 12, 2003). in the instant proceeding. VerDate Jan<31>2003 20:55 Feb 28, 2003 Jkt 200001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1 10068 Federal Register / Vol. 68, No. 41 / Monday, March 3, 2003 / Notices an instrumentality of the State of New Copies of the pooling application may advanced this assertion or Jersey. NJT Bus holds operating be obtained free of charge by contacting recommendation in its public comment. authority in No. MC–3647 and applicants’ representatives. The Commission has established three subnumbers thereunder. It operates a Alternatively, the application may be methods by which rebuttal comments fleet of about 2,025 buses and conducts inspected at the offices of the Surface can be submitted for consideration and interstate operations over approximately Transportation Board, Room 755, during review: 238 bus routes, including commuter normal business hours, or a copy of the operations to and from the PABT in application may be obtained from the 1. Transmission by Email to the New York City. NJT Bus currently Board’s Web site at ‘‘http:// following address: operates approximately 123 daily www.stb.dot.gov.’’ [email protected]. weekday peak period trips in the Route A copy of this notice will be served Statements can be embedded in the 9 Corridor to and from midtown on the U.S. Department of Justice, Email as ASCII text or sent as a MS Manhattan, NY. NJT Bus will provide Antitrust Division, 10th Street & Word or ASCII text attachment. Do not some service on Saturdays and Sundays, Pennsylvania Avenue, NW., include artwork or other graphic but on a substantially reduced basis Washington, DC 20530; the New York elements. compared with weekday schedules. Department of Transportation, Truck 2. Stored on 31⁄2 inch high density Academy is a privately held New and Bus Safety Section, Room 501–A, computer disk as a MS word or ASCII Building 7A, 1220 Washington Avenue, Jersey limited liability company, text document (Windows format only) holding operating authority in No. MC– Albany, NY 12232; and the New Jersey and mailed or hand-delivered to: 414016 and subnumbers thereunder. Department of Transportation/Office of President’s Commission on the United Applicant operates a fleet of over 600 Regulatory Affairs (Commercial Bus States Postal Service, 1120 Vermont buses rendering scheduled, regular- Inspection), 225 E.