Federal Register / Vol. 64, No. 6 / Monday, January 11, 1999 / Notices 1651 foregoing sunroof system during the 30 Therefore, its application is granted, and SUPPLEMENTARY INFORMATION: Laidlaw seconds after the ignition key has been the applicant is exempted from currently controls seven interstate motor turned off and the front passenger door providing the notification of the passenger carriers 1 and three intrastate only is opened is extremely remote. noncompliance that is required by 49 or regional carriers not subject to federal NHTSA agrees that this is a reasonable U.S.C. 30118 and from remedying the economic regulation.2 A notice argument regarding this particular noncompliance as required by 49 U.S.C. published in Laidlaw Inc. and Laidlaw situation. 30120. Transit Acquisition Corp.—Merger— Additionally, MMSA asserted that the (49 U.S.C. 30118 and 30120; delegations of Greyhound Lines, Inc., STB Docket No. situation is similar to another situation authority at 49 CFR 1.50 and 501.8) MC–F–20940 (STB served Dec. 17, involving vehicles manufactured by Issued on: January 5, 1999. 1998) (63 FR 69710) tentatively Volkswagen of America, Inc. approved the merger of Greyhound (Volkswagen). In Volkswagen’s case, the Robert Shelton, Associate Administrator for Safety Lines, Inc. into Laidlaw’s wholly owned company manufactured approximately subsidiary, Laidlaw Transit Acquisition 20,000 vehicles with power windows. Performance Standards. Corp., to become effective February 1, The power windows ceased to operate [FR Doc. 99–538 Filed 1–8–99; 8:45 am] 1999.3 immediately after the ignition was BILLING CODE 4910±59±P turned off and the driver’s side door was Laidlaw is seeking Board approval opened. The windows continued to under 49 U.S.C. 14303 for several operate, however, for ten minutes after DEPARTMENT OF TRANSPORTATION control, merger and consolidation transactions by which Laidlaw proposes the ignition was turned off and the front Surface Transportation Board passenger door only was opened. to acquire four additional interstate Volkswagen petitioned the agency for a motor carriers: (1) A company formerly [STB Docket No. MC±F±20942] determination of inconsequential known as CAR Enterprises Ltd. of noncompliance [See 60 FR 26475 Laidlaw, Inc. et al.ÐControl and Grayslake, IL (CAR), which has a (1995)]. NHTSA granted the petition MergerÐD±A±R Transit Systems, Inc. successor-in-interest known as Laidlaw based on reasons similar to those offered d/b/a Galaxy Charters et al. Transit Services (Two), Inc. of by MMSA [See 60 FR 48197 (1995)]. Burlington, Ontario (Transit Two) (MC– NHTSA agrees with MMSA that its AGENCY: Surface Transportation Board, 163344); (2) D–A–R Transit Systems, situation is similar to the Volkswagen DOT. Inc. d/b/a Galaxy Charters of Crystal situation. In that situation, the vehicles ACTION: Notice tentatively approving Lake, IL (DAR) (MC–311766); (3) also were passenger cars, the same finance application. Voyageur Colonial Limited of Montreal, vehicle type as the Mitsubishi vehicles. Quebec (Voyageur), including two In NHTSA’s opinion, the driver was SUMMARY: Laidlaw, Inc. (Laidlaw or successors-in-interest: 1327130 Ontario unlikely to exit the vehicle by moving applicant), a noncarrier that currently Limited of Toronto, Ontario (1327130 over the transmission hump/console controls seven interstate motor Ontario) 4 and 3552926 Canada Inc. of and going through the passenger door in passenger carriers, has filed an Burlington, Ontario (3552926 Canada) a passenger vehicle. The agency application under 49 U.S.C. 14303 to (MC–83928); and (4) 1128570 Ontario reasoned that drivers were only likely to acquire control of four additional motor Ltd. (1128570 Ontario) and its sole exit through the driver’s door. When passenger carriers and ultimately to stockholder, Ms. Gisele Rockey (Rockey) they did so, with the key in the off merge the carriers into existing Laidlaw d/b/a Northern Escape Tours (Escape), position, the power windows would affiliates. Persons wishing to oppose the and its successor-in-interest: 1327172 cease to operate. The fact that the power application must follow the rules under windows would continue to operate 49 CFR part 1182 (effective October 1, when only the passenger side door 1 Laidlaw’s federally regulated affiliates are: 1998). The Board has tentatively Greyhound Canada Transportation Corp. (GCTC) opened occurred was deemed to be approved the transaction and, if no (MC–304126), which is not currently affiliated with inconsequential, because the driver opposing comments are timely filed, Greyhound Lines, Inc.; Laidlaw Transit, Inc. (MC– would still be present and in control of this notice will be the final Board 161299); Laidlaw Transit Ltd. (MC–102189); Roesch Lines, Inc. (Roesch) (MC–119843); Safe Ride the vehicle. On the other hand, a similar action. situation occurred with the Nissan Services, Inc. (Safe Ride) (MC–246193); Vancom DATES: Comments must be filed by Transportation-Illinois, L.P. (MC–167816); and Quest and Mercury Villager vehicles, February 25, 1999. Applicant may file a Willett Motor Coach Co. (Willett) (MC–16073). 2 but NHTSA decided that the reply by March 12, 1999. If no Laidlaw’s other motor transportation affiliates noncompliance was consequential to are: Empex Ventures, Inc. (California); Laidlaw comments are filed by February 25, safety. The significant difference is that Transit Services, Inc. (Minnesota and the 1999, this notice is effective on that Washington Metropolitan Area Transit the Nissan and Mercury vehicles are date. Commission) (LTSI); and The Dave Companies, Inc. minivans. Drivers are more likely to exit (California and Minnesota). through the passenger door of a minivan ADDRESSES: Send an original and 10 3 Greyhound holds nationwide, motor passenger because of the added interior space and copies of any comments referring to STB carrier operating authority under Docket No. MC– because any transmission hump/console Docket No. MC–F–20942 to: Surface 1515, and controls, directly or indirectly, the Transportation Board, Office of the following ten regional motor passenger carriers: is not nearly such an obstacle in a Continental Panhandle Lines, Inc. (MC–8742); minivan. Secretary, Case Control Unit, 1925 K Valley Transit Co., Inc. (MC–74); Carolina Coach In view of the two arguments offered Street, NW, Washington, DC 20423– Co., Inc. (MC–13300); Texas, New Mexico & by MMSA and reviewed by NHTSA, the 0001. In addition, send one copy of any Oklahoma Coaches, Inc. (MC–61120); Vermont comments to applicant’s representative: Transit Co. Inc. (MC–45626); Los Rapidos, Inc. agency does not deem this specific issue (MC–293638); Americanos U.S.A., L.L.C. to be a serious safety problem Mark J. Andrews, Barnes and (Americanos) (MC–309813); Gonzales, Inc. d/b/a warranting a safety recall. Accordingly, Thornburg, Suite 500, 1401 Eye Street, Golden State Transportation (Gonzales) (MC– NHTSA has decided that the applicant NW, Washington, DC 20005. 173837); PRB Acquisition LLC (MC–66810); and Autobuses Amigos, L.L.C. (Amigos) (MC–340462– has met its burden of persuasion that FOR FURTHER INFORMATION CONTACT: C). the noncompliance it described above is Joseph H. Dettmar (202) 565–1600 [TDD 4 Allegedly, Voyageur’s authority would be inconsequential to motor vehicle safety. for hearing impaired: (202) 565–1695.] transferred to 1327130 Ontario. 1652 Federal Register / Vol. 64, No. 6 / Monday, January 11, 1999 / Notices

Ontario, Ltd. (1327172 Ontario) (MC– responsiveness to local conditions, by Board decisions and notices are 231298).5 providing centralized services to available at our website at: Board approval is also sought under support decentralized operational and ‘‘WWW.STB.DOT.GOV.’’ 49 U.S.C. 14303 for (1) the prospective marketing managers. Centralized This decision will not significantly merger of Transit Two and DAR into support services are provided in such affect the quality of the human LTSI; (2) the prospective consolidation areas as legal affairs, accounting, environment or the conservation of of operations and assets of Voyageur purchasing, safety management, energy resources. into GCTC; and (3) the consolidation of equipment maintenance, driver training, It is ordered: operations and assets of 1128570 human resources and environmental 1. The above-described transactions Ontario into GCTC. Applicants state compliance. In addition, applicant are approved and authorized, subject to further that the interstate operating states that it facilitates vehicle sharing the timely filing of opposing comments. authorities of DAR, Voyageur and arrangements between acquired entities, 2. If timely opposing comments are Escape would be surrendered as so as to ensure maximum utilization filed, the findings made in this decision duplicative. and efficient operation of equipment. will be deemed vacated. Applicant states that the operations of According to applicant, the involved 3. This decision will be effective on CAR and DAR have historically transactions offer ongoing benefits for February 25, 1999, unless timely consisted primarily of municipal transit employees of acquired carriers not only opposing comments are filed. services in the Chicago, IL area, which because of the efficiencies described 4. A copy of this notice will be served is not subject to federal authority, and above, but also because applicant’s on (1) the U.S. Department of Justice, that the operations of Voyageur and policy is to honor all collective Antitrust Division, 10th Street and Escape have consisted of regular-route bargaining agreements of acquired Pennsylvania Avenue, N.W., and charter operations conducted carriers. Washington, DC 20530 and (2) the U.S. primarily within Canada. Applicant Applicant asserts that the aggregate Department of Transportation, Office of further states that CAR/Transit Two, gross operating revenues from interstate Motor Carriers-HIA 30, 400 Virginia DAR, Voyageur and Escape do not hold operations of the operations of carriers Avenue, S.W., Suite 600, Washington, intrastate authority. Applicant further to be acquired and all of Laidlaw’s DC 20024. states that these transactions will not affiliated motor carriers exceeded $2 Decided: January 4, 1999. significantly increase its current share of million for the 12-month period prior to the North American markets for By the Board, Chairman Morgan, Vice the date of the earliest agreement municipal transit/paratransit and Chairman Owen and Commissioner Clyburn. covered by the application. Applicant intercity/tourism operations by Vernon A Williams, certifies that none of its current affiliates passenger motor carriers. In each of Secretary. nor any of the carriers it proposes to these markets, applicant states that its [FR Doc. 99–566 Filed 1–8–99; 8:45 am] acquire has been assigned a safety current share is approximately 2%. BILLING CODE 4915±00±P fitness rating of less than satisfactory by Applicant states that the transactions 6 will not reduce competition in the the U.S. Department of Transportation. Applicant further certifies that all regulated bus industry or competitive DEPARTMENT OF THE TREASURY options available to the traveling public involved carriers maintain sufficient in the U.S. Applicant indicates that liability insurance and that none of the Internal Revenue Service most of its current operations are involved carriers has been or is either unregulated, and/or take place outside domiciled in Mexico or owned or Notice of Open Meeting of Citizen the U.S. Applicant acknowledges, controlled by persons of that country. Advocacy Panel however, that this situation would Under 49 U.S.C. 14303(b), the Board must approve and authorize AGENCY: Internal Revenue Service (IRS), change after its proposed acquisition of Treasury. Greyhound that has been tentatively transactions it finds consistent with the approved in STB Docket No. MC-F– public interest, taking into account at ACTION: Notice of open meeting of 20940. Applicant indicates, however, least: (1) The effect of the transactions Citizen Advocacy Panel. on the adequacy of transportation to the that it will continue to face substantial SUMMARY: An open meeting of the competition from other bus companies public; (2) the total fixed charges that result; and (3) the interest of affected Citizen Advocacy Panel will be held in and transportation modes in the United Sunrise, Florida. States. carrier employees. Laidlaw contends that the proposed On the basis of the application, we DATES: The meeting will be held Friday, transactions will produce substantial find that the proposed transactions are January 22, 1999 and Saturday, January benefits, including interest cost savings consistent with the public interest and 23, 1999. from restructuring of debt and reduced should be authorized. If any opposing FOR FURTHER INFORMATION CONTACT: operating costs from applicant’s comments are timely filed, this finding Nancy Ferree at 1–888–912–1227, or enhanced volume purchasing power. will be deemed vacated and a 954–423–7973. Applicant claims that the carriers it will procedural schedule will be adopted to SUPPLEMENTARY INFORMATION: Notice is acquire will benefit from the lower reconsider the application. If no timely hereby given pursuant to Section insurance premiums it has negotiated comments are filed by the expiration of 10(a)(2) of the Federal Advisory and from volume discounts for the comment period, this decision will Committee Act, 5 U.S.C. App. (1988) equipment and fuel. Applicant also take effect automatically and will be the that an open meeting of the Citizen asserts that it improves the efficiency of final Board action. Advocacy Panel will be held Friday, all acquired carriers, while maintaining January 22, 1999 from 7:00 pm to 9:00 6 According to the application, Laidlaw’s current pm and Saturday, January 23, 1999 from 5 Applicant indicates that the shares of Transit affiliates, GCTC, Roesch, Safe Ride and Willet have 9:00 am to 1:00 pm, in Room 225, CAP Two, DAR and 1327172 Ontario are currently being satisfactory ratings; Laidlaw’s other affiliates are Office, 7771 W. Oakland Park Blvd., held in separate, independent voting trusts and unrated. Of the companies to be acquired, Voyageur shares of 1327130 Ontario will be placed in a voting has a satisfactory rating; the other companies are Sunrise, Florida 33351. The public is trust, if necessary. unrated. invited to make oral comments from