[Federal Register Volume 61, Number 21 (Wednesday, January 31, 1996)]
[Notices]
[Pages 3522-3523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1915]



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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[No. MC-F-20783]


Capitol Bus Company; Pooling; Greyhound Lines, Inc.

AGENCY: Surface Transportation Board.1

    \1\ The ICC Termination Act of 1995, Pub. L. 104-88, 109 Stat. 
803 (the Act), which was enacted on December 29, 1995, and took 
effect on January 1, 1996, abolished the Interstate Commerce 
Commission (ICC) and transferred certain functions and proceedings 
to the Surface Transportation Board (Board). Section 204(b)(1) of 
the Act provides, in general, that proceedings pending before the 
ICC on the effective date of that legislation shall be decided under 
the law in effect prior to January 1, 1996, insofar as they involve 
functions retained by the Act. This notice relates to a proceeding 
that was pending with the ICC prior to January 1, 1996, and to 
functions that are subject to Board jurisdiction pursuant to 49 
U.S.C. 14302. Therefore, this notice applies the law in effect prior 
to the Act, and citations are to the former section of the statute, 
49 U.S.C. 11342(a).
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ACTION: Notice of proposed revenue pooling application.

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SUMMARY: By application filed November 29, 1995, Capitol Bus Company 
(Capitol), of Harrisburg, PA, and Greyhound Lines, Inc. (Greyhound), of 
Dallas, TX, jointly request approval of a revenue pooling arrangement 
under former 49 U.S.C. 11342(a) with respect to their motor passenger 
transportation services between Syracuse, NY, and Harrisburg, PA, and 
between Harrisburg and Washington, DC. Applicants already pool 
transportation services on these routes, and under the proposal they 
also seek to pool the earnings from these routes. Their stated 
objective is to reduce excess bus capacity on the pooled routes and 
cement the business relationship between them.

DATES: Comments on the proposed agreement may be filed with the Board 
in the form of verified statements on or before March 1, 1996. 
Applicants' rebuttal statements are due on or before March 21, 1996.

ADDRESSES: Send verified statements to: (1) Surface Transportation 
Board, Office of the Secretary, Case Control Branch, Room 1324, 1201 
Constitution Avenue, N.W., Washington, DC 20423 and (2) Applicants' 
representatives: Dennis N. Barnes, Morgan, Lewis and Bockius, 1800 M 
Street, N.W. (#600N), Washington, DC 20036-7060; and Fritz R. Kahn, 
Suite 750 West, 1100 New York Avenue, N.W., Washington, DC 20005-3934.

FOR FURTHER INFORMATION CONTACT: James Llewellyn Brown, (202) 927-5303 
or Beryl Gordon, (202) 927-5610. [TDD for the hearing impaired: (202) 
927-5721.]

SUPPLEMENTARY INFORMATION: The Interstate Commerce Commission 
previously approved an agreement allowing Capitol and Greyhound to pool 
their services between Syracuse and Harrisburg and between Harrisburg 
and Washington, DC. See Capitol Bus Company--Pooling--Greyhound Lines, 
No. MC-F-19154 (Sub-No. 1) (ICC served Nov. 28, 1988). Under the 
proposed pooling arrangement, Capitol and Greyhound now seek to pool 
their revenues over these routes, as well.
    Applicants state that, while their service pooling agreement has 

[[Page 3523]]
    succeeded in permitting them to reduce redundant services, increase the 
load factor, and increase revenues, the load factor remains 
unacceptably low, causing an intolerable drain on their resources. 
Assertedly, they feel compelled to operate the number of schedules they 
operate to protect their respective market shares, notwithstanding that 
the market is being overserved.
    Applicants state that revenue pooling will allow them to achieve 
greater economies of operation, permitting each to manage better its 
pricing structures and capital improvements. Each carrier would share 
financially in the vicissitudes of the pooled-route operations of the 
other, creating an otherwise unattainable degree of financial 
stability. They assert that the agreement is in the public interest. 
With the additional measure of financial stability, they maintain that 
they will be able to improve service to the traveling public.
    They argue that there are overwhelming intermodal competitive 
pressures that are available to protect the public. Ample rail 
passenger service is available on Amtrak between these points via New 
York City, NY, or Philadelphia, PA. The major points served by these 
routes also receive frequent daily air service from United Air Lines 
and USAir. Several interstate highways connect these points, as well.
    Copies of the pooling application may be obtained free of charge by 
contacting petitioners' representatives. In the alternative, the 
pooling application may be inspected at the offices of the Surface 
Transportation Board, Room 1221, during normal business hours. A copy 
of this notice will be served on the Department of Justice, Antitrust 
Division. [Assistance for the hearing impaired is available through TDD 
service on (202) 927-5721.]

    Decided: January 11, 1996.

    By the Board, Chairman Morgan, Vice Chairman Simmons, and Board 
Member Owen.
Vernon A. Williams,
Secretary.
[FR Doc. 96-1915 Filed 1-30-96; 8:45 am]
BILLING CODE 4910-00-P