44748 Federal Register / Vol. 62, No. 163 / Friday, August 22, 1997 / Notices

[FR Doc. 97–22281 Filed 8–21–97; 8:45 am] currently controls 27 motor carriers of support, rationalization of resources, BILLING CODE 4910±60±M passengers, including co-petitioner K– and economies of scale that are T.3 Coach and K–T state that their anticipated from the common control. acquisition of control of Gray Line Coach also states that all collective DEPARTMENT OF TRANSPORTATION through the acquisition of Gray Line’s bargaining agreements will be honored, stock by K–T will not inhibit that employee benefits will improve, Surface Transportation Board competition or reduce transportation and that no change in management [STB Finance Docket No. 33431] options available to the public. personnel is planned. Coach and K–T Petitioners also claim that the submit that a merger of K–T and USA, Inc. and K±T Contract acquisition of control of Gray Line will Line would result in the more efficient Services, Inc.ÐControl and Merger allow that carrier to offer improved use of transportation resources and ExemptionÐGray Line Tours of service at lower costs made possible by improved service to the public. Southern Nevada the coordination of functions, Additional information may be centralized management, financial obtained from Petitioners’ AGENCY: Surface Transportation Board, representatives. DOT. Lines, Inc.; H.A.M.L. Corp.; Leisure Time Tours; A copy of this notice will be served ACTION: Notice of Filing of Petition for Suburban Management Corp.; Suburban Trails, on the Department of Justice, Antitrust Inc.; and Corp., STB Finance Exemption. Docket No. 32876 (Sub-No. 1) (STB served May 3, Division, 10th Street & 1996); Coach USA, Inc.—Control Exemption— Avenue, N.W., Washington, DC 20530. SUMMARY: Coach USA, Inc. (Coach), a American Sightseeing Tours, Inc.; California Decided: August 18, 1997. noncarrier that controls 27 motor Charters, Inc.; Texas Bus Lines, Inc.; Gulf Coast passenger carriers, and K–T Contract Transportation, Inc.; and K–T Contract Services, By the Board, Chairman Morgan, Vice Inc., STB Finance Docket No. 33073 (STB served Chairman Owen. Services, Inc. (K–T), a motor carrier of Nov. 8, 1996); Coach USA, Inc.—Control Vernon A. Williams, passengers wholly owned by Coach, Exemption—Progressive Transportation, Inc.; seek to be exempted, under 49 U.S.C. Powder River Transportation Services, Inc.; Secretary. 13541, from the prior approval Worthen Van Service, Inc.; and PCSTC, Inc., STB [FR Doc. 97–22473 Filed 8–21–97; 8:45 am] Finance Docket No. 33343 (STB served May 15, BILLING CODE 4915±00±P requirements of 49 U.S.C. 14303, to 1997); and Coach USA, Inc.—Control Exemption— acquire control of Gray Line Tours of Airport Bus of Bakersfield; Antelope Valley Bus, Southern Nevada (Gray Line) and to Inc.; Desert Stage Lines, Inc.; Bayou City Coaches, Inc.; Kerrville Bus Company, Inc.; Red & Tan DEPARTMENT OF TRANSPORTATION merge Gray Line into K–T. Charter, Inc.; Red & Tan Tours; and Rockland DATES: Comments must be filed by Coaches, Inc., STB Finance Docket No. 33377 (STB Surface Transportation Board October 6, 1997. Petitioners may file a served May 15, 1997). reply by October 21, 1997. 3 They include: Airport Bus of Bakersfield (MC– [STB Finance Docket No. 33435] 163191), American Sightseeing Tours, Inc., d/b/a ADDRESSES: Send an original and 10 ASTI (MC–252353), Antelope Valley Bus, Inc. (MC– K. Earl Durden, Rail Management & copies of comments referring to STB 125057), Arrow Stage Lines, Inc. (MC–29592), Consulting Corporation, and Rail Bayou City Coaches, Inc. (MC–245246), California Finance Docket No. 33431 to: Surface Charters, Inc. (MC–241211), Cape Transit Corp. Partners, L.P.; Acquisition of Control Transportation Board, Office of the (MC–161678), , Inc. (MC–76022), Exemption; Pennington Railroad, Inc Secretary, Case Control Unit, 1925 K Community Transit Lines, Inc. (MC–145548), Desert Street, NW., Washington DC 20423– Stage Lines, Inc. (MC–140919), Grosvenor Bus K. Earl Durden (Durden), Rail Lines, Inc. (MC–157317), Gulf Coast Transportation, Management & Consulting Corporation 0001. In addition, send one copy of Inc., d/b/a Gray Line Tours of Houston (MC– comments to Petitioners’ 201397), H.A.M.L. Corp. (MC–194792), K–T (RMCC), and Rail Partners, L.P. 1 representatives: Betty Jo Christian and Contract Services, Inc. (MC–218583), Kerrville Bus (Partners) (collectively, applicants), David H. Coburn, Steptoe & Johnson Company, Inc. (MC–27530), Leisure Time Tours have filed a notice of exemption 2 to (Leisure Time) (MC–142011), PCSTC, Inc., d/b/a acquire control of Pennington Railroad, LLP, 1330 Avenue, NW., Pacific Coast Sightseeing/Gray Line of Anaheim-Los Washington, DC 20036. Angeles (MC–184852), Powder River Transportation Inc. (Pennington), a noncarrier. According to applicants, before the FOR FURTHER INFORMATION CONTACT: Services, Inc. (MC–161531), Progressive Transportation Services, Inc. (MC–247074), Red & closing of the transaction, Pennington’s Joseph H. Dettmar, (202) 565–1600. Tan Charter, Inc. (MC–204842), Red & Tan Tours, parent company, James River Paper (TDD for the hearing impaired: (202) Inc. (MC–162174), , Inc. (MC– Company, Inc. (JRP) will merge 565–1695.) 29890), Suburban Management Corp. (MC–264527), Suburban Trails, Inc. (MC–149081), Suburban Pennington into the Meridian & Bigbee SUPPLEMENTARY INFORMATION: Coach, a Transit Corp. (MC–115116), Texas Bus Lines, Inc. Railroad Company (Meridian), a Class noncarrier, and its wholly owned (MC–37640), and Worthen Van Service, Inc. (MC– III rail carrier that is also owned and subsidiary K–T, a motor carrier of 142573). In Coach USA, Inc.—Control Exemption— passengers (MC 218583), seek an 1 American Charters, Ltd., STB Finance Docket No. Durden, RMCC, and Partners control 12 Class III exemption to acquire control of Gray 33393, Coach seeks an exemption to acquire control rail carriers located in Alabama, Arizona, Arkansas, Line (MC–127564), a Nevada-based over American Charters, Ltd. (MC–153814). The Florida, Georgia, Kentucky, North Carolina, motor carrier that operates in interstate Board served and published a notice in the Federal Tennessee, Texas, and Wisconsin. They are: Atlantic & Western Railway, L.P.; The Bay Line and intrastate commerce, and to merge Register (62 FR 28531) on May 23, 1997, instituting an exemption proceeding. Comments were due by Railroad, L.L.C.; Copper Basin Railway; East 1 Gray Line into K–T. June 23, 1997; none was filed. A final decision is Tennessee Railway, L.P.; Galveston Railroad, L.P.; By virtue of exemptions issued to it in currently pending with the Board. Georgia Central Railway, L.P.; KWT Railway, Inc.; STB Finance Docket Nos. 32876 (Sub- In Coach USA, Inc., and Leisure Time Tours— Little Rock & Western Railway, L.P.; Tomahawk Railway, L.P.; Valdosta Railway, L.P.; Western No. 1), 33073, 33343, and 33377,2 Coach Control and Merger Exemption—Van Nortwick Bros., Inc., The Arrow Line, Inc., and Trentway- Kentucky Railway, L.L.C.; and Wilmington Wagar, Inc., STB Finance Docket No. 33428, Coach Terminal Railroad, L.P. These rail carriers are 1 The stock of Gray Line has been placed in an and Leisure Time seek an exemption to acquire referred to as the RMCC Rail Group. independent voting trust to avoid any unlawful control of Van Nortwick Bros. and merge Van 2 Concurrent with the filing of the notice of control pending disposition of this proceeding. Nortwick into Leisure Time, which will remain as exemption, applicants filed, pursuant to 49 CFR 2 See Notre Capital Ventures II, LLC and Coach the surviving entity. Coach also seeks an exemption 1117.1, a petition to file under seal the Agreement USA, Inc.—Control Exemption—Arrow Stage Lines, to acquire control of two additional motor of Merger in this proceeding. By decision served Inc.; Cape Transit Corp.; Community Coach, Inc.; passenger carriers, The Arrow Line, Inc., and August 18, 1997, the Board granted applicants’ Community Transit Lines, Inc.; Grosvenor Bus Trentway-Wagar, Inc. request. Federal Register / Vol. 62, No. 163 / Friday, August 22, 1997 / Notices 44749 controlled by JRP. Upon consummation reopen will not stay the transaction. An All interested persons should be of the transaction, Pennington will original and 10 copies of all pleadings, aware that following abandonment of remain as the surviving corporation and referring to STB Finance Docket No. rail service and salvage of the line, the Pennington will therefore become a 33435, must be filed with the Surface line may be suitable for other public Class III rail carrier. Pennington will Transportation Board, Office of the use, including interim trail use. Any then merge into M&B Railroad, L.L.C. Secretary, Case Control Unit, 1925 K request for a public use condition under (MBRR), a noncarrier entity wholly Street, N.W., Washington, DC 20423– 49 CFR 1152.28 or for trail use/rail owned and controlled by applicants,3 0001. In addition, a copy of each banking under 49 CFR 1152.29 will be and applicants will thereby assume pleading must be served on: Donald G. due no later than September 11, 1997. control of Pennington. Applicants state Avery, Slover & Loftus, 1224 Each trail use request must be that the transaction was expected to be Seventeenth Street, N.W., Washington, accompanied by a $150 filing fee. See 49 consummated on or about July 31, 1997. DC 20036. CFR 1002.2(f)(27). Applicants state that: (1) The merged Decided: August 18, 1997. All filings in response to this notice MBRR will not connect with any other must refer to STB Docket No. AB–55 railroad in the RMCC Rail Group; (2) By the Board, David M. Konschnik, Director, Office of Proceedings. (Sub-No. 521X) and must be sent to: (1) MBRR’s merger with Pennington is not Vernon A. Williams, Surface Transportation Board, Office of part of a series of anticipated the Secretary, Case Control Unit, 1925 K Secretary. transactions that would connect the Street, N.W., Washington, DC 20423– railroads of the RMCC Rail Group with [FR Doc. 97–22329 Filed 8–21–97; 8:45 am] 0001; and (2) Charles M. Rosenberger, each other; and (3) the transaction does BILLING CODE 4915±00±P 500 Water Street, Jacksonville, FL not involve a Class I carrier. The 32202. transaction therefore is exempt from the Persons seeking further information DEPARTMENT OF TRANSPORTATION prior approval requirements of 49 U.S.C. concerning abandonment procedures 11323. See 49 CFR 1180.2(d)(2). The Surface Transportation Board may contact the Board’s Office of Public purpose of the transaction is to transfer Services at (202) 565–1592 or refer to ownership of, and responsibility for, [STB Docket No. AB±55 (Sub±No. 521X)] the full abandonment or discontinuance Pennington from JRP to applicants, regulations at 49 CFR part 1152. thereby enabling JRP to concentrate on CSX Transportation, Inc.; Questions concerning environmental its core business operations, without Abandonment Exemption; in Fulton issues may be directed to the Board’s distractions related to its single railroad County, GA Section of Environmental Analysis operation, while allowing applicants to (SEA) at (202) 565–1545. (TDD for the expand their railroad operations into a On August 4, 1997, CSX Transportation, Inc. (CSXT), filed with hearing impaired is available at (202) new part of the country. MBRR will 565–1695.) continue to handle freight for customers the Surface Transportation Board (Board) a petition under 49 U.S.C. 10502 An environmental assessment (EA) (or Meridian previously served, without environmental impact statement (EIS), if material changes in the level or quality for exemption from the provisions of 49 U.S.C. 10903 to abandon a portion of its necessary) prepared by SEA will be of transportation service provided. served upon all parties of record and Under 49 U.S.C. 10502 (g), the Board line of railroad known as the Atlanta upon any agencies or other persons who may not use its exemption authority to Terminal Subdivision, extending from commented during its preparation. relieve a rail carrier of its statutory railroad milepost ANB–864.04 near Other interested persons may contact obligation to protect the interests of its Wheeler St. to railroad milepost ANB– SEA to obtain a copy of the EA (or EIS). employees. Section 11326 (c), however, 864.62 at the end of the track at does not provide for labor protection for Simpson St., which traverses U.S. Postal EAs in these abandonment proceedings transactions under sections 11324–25 Service zip Code 30318, a distance of normally will be made available within that involve only Class III rail carriers. 0.58 miles, in Fulton County, Ga. CSXT 60 days of the filing of the petition. The Because this transaction involves Class has indicated that there are no stations deadline for submission of comments on III rail carriers only, the Board, under on the line. the EA will generally be within 30 days statute, may not impose labor protective The line does not contain federally of its service. conditions for this transaction.4 granted rights-of-way. Any Decided: August 18, 1997. If the verified notice contains false or documentation in CSXT’s possession By the Board, David M. Konschnik, misleading information, the exemption will be made available promptly to Director, Office of Proceedings. is void ab initio. Petitions to reopen the those requesting it. Vernon A. Williams, proceeding to revoke the exemption The interest of railroad employees Secretary. under 49 U.S.C. 10502(d) may be filed will be protected by the conditions set [FR Doc. 97–22330 Filed 8–21–97; 8:45 am] at any time. The filing of a petition to forth in Oregon R. Co.— BILLING CODE 4915±00±P Abandonment—Goshen, 360 I.C.C. 91 3 According to applicants, the corporate merger of (1979). Meridian into Pennington, followed by the By issuance of this notice, the Board corporate merger of Pennington into MBRR, will result in MBRR’s complete assumption of is instituting an exemption proceeding DEPARTMENT OF THE TREASURY Meridian’s railroad operations and corporate pursuant to 49 U.S.C. 10502(b). A final obligations. Applicants also state that MBRR, as the decision will be issued by November 21, Internal Revenue Service corporate successor of Meridian, will conduct 1997. Meridian’s railroad operations without material Any offer of financial assistance Proposed Collection; Comment change. Request For Form 9117 4 Applicants note, however, that MBRR is (OFA) under 49 CFR 1152.27(b)(2) will inheriting, and affirmatively assuming, all of be due no later than 10 days after AGENCY: Internal Revenue Service (IRS), Meridian’s collective bargaining agreements with service of a decision granting the Treasury. the labor organizations that represent its employees, petition for exemption. Each OFA must and MBRR will continue the employment of all of ACTION: Notice and request for be accompanied by a $900 filing fee. See Meridian’s employees covered by such collective comments. bargaining agreements. 49 CFR 1002.2(f)(25).