Federal Register, Volume 62 Issue 100 (Friday, May 23, 1997)

[Federal Register Volume 62, Number 100 (Friday, May 23, 1997)]
[Notices]
[Pages 28532-28533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13633]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB No. MC-F-20909]


East West Resort Express, LLC--Control--Resort Express, Inc.

AGENCY: Surface Transportation Board.

ACTION: Notice tentatively approving finance application.

-----------------------------------------------------------------------

SUMMARY: East West Resort Express, LLC (East West), a noncarrier in 
control of Colorado Mountain Express (CME), and Resort Express, Inc. 
(REI) jointly seek approval under 49 U.S.C. 14303(a)(5) for East West 
to acquire control, through purchase, of the assets and properties of 
REI, together with certain leases of motor vehicle equipment, and to 
assume certain liabilities of REI. In addition, Harry H. Frampton, III, 
John C. Goff, Gerald W. Haddock, and Charles I. Madison (collectively, 
the Control Persons) have joined in the application for approval under 
49 U.S.C. 14303(a)(5) as persons in control, either through ownership, 
management, or the right to control management, of both REI and CME. 
Persons wishing to oppose the transaction must follow the rules at 49 
CFR 1182, subpart B. The Board has tentatively approved the 
transaction, and, if no opposing comments are timely filed, this notice 
will be the final Board action. If opposing comments are timely filed, 
this tentative grant of authority will be deemed vacated, and the Board 
will consider the comments and any replies and will issue a further 
decision on the application.

DATES: Unless opposing comments are filed, this notice will be 
effective July 7, 1997. Comments are due by July 7, 1997 and, if any 
are filed, applicants may reply by July 22, 1997.

ADDRESSES: Send an original and 10 copies of comments referring to STB 
No. MC-F-20909 to: Surface Transportation Board, Office of the 
Secretary, Case Control Unit, Room 713, 1925 K Street, N.W., 
Washington, DC 20423-0001. Also, send one copy of comments to 
applicants' representatives: Thomas J. Burke, Jr., 1625 Broadway, Suite 
1600, Denver, CO 80202; and Lee E. Lucero, 651 Chambers Road, Suite 
203, Aurora, CO 80011-7127.

FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 565-1600. [TDD for 
the hearing impaired: (202) 565-1695.]

SUPPLEMENTARY INFORMATION: Approval of the transaction is required 
under 49 U.S.C. 14303(a)(5) because East West controls CME, a motor 
common carrier, through its relationship to the Control Persons and its 
affiliations with following entities: East West Resorts Transportation, 
LLC, East West Resorts Transportation II, LLC, HF Holding Corp., 
Crescent Development Management Corp., and East West Resorts Management 
II, LLC.
    REI (MC-181367), a motor common carrier of passengers, holds 
regular route interstate and intrastate operating rights authorizing 
operations between: (1) Denver International Airport at or near Denver, 
CO, and Breckenridge, CO, and various Colorado ski resorts; (2) Copper 
Mountain ski resort and Avon, CO; and (3) Cheyenne, WY, and 
Albuquerque,

[[Page 28533]]

NM, and Denver, CO; (4) Walsenburg, CO, and Santa Fe, NM; and (5) 
Raton, NM, and Taos, NM.
    CME (MC-169174), ¹ a motor common carrier of passengers, 
holds interstate and intrastate operating rights authorizing: (a) 
charter and special operations within CO; and (b) regular route service 
between Denver and Grand Junction and Aspen, CO.
---------------------------------------------------------------------------

    \1\ CME holds certificates of public convenience and necessity 
issued to CME's predecessor, Colorado Mountain Express Investors 
Inc., formerly known as Colorado Mountain Express, Inc., in Docket 
No. MC-169174 and subnumbers thereunder. In Airport Shuttle 
Colorado, Inc.-Control-Aspen Limousine Service, Inc., d/b/a Vans To 
Vail, Inc., Docket No. MC-F-20786 (ICC served Dec. 19, 1995), CME 
acquired certificates issued to Airport Shuttle Colorado, Inc., in 
Docket No. MC-174332 and subnumbers thereunder. In Colorado Mountain 
Express, Inc., and Airport Shuttle Colorado, Inc., d/b/a Aspen 
Limousine Service, Inc.--Consolidation and Merger--Colorado Mountain 
Express, STB No. MC-F-20902 (STB served Nov. 27, 1996), CME's 
predecessor, Colorado Mountain Express Investors, Inc., was 
authorized to be merged into CME.
---------------------------------------------------------------------------

    Applicants state that the aggregate gross operating revenues 
conducted by REI and CME, for the 12-month period that ended on 
December 31, 1996, exceeded $2 million. They assert that the proposed 
transaction will not affect competition in the involved market because 
REI and CME do not compete materially in the same territory. They state 
that the availability of needed capital and management expertise from 
East West will improve REI's ability to meet the needs of the traveling 
public in the area. Additionally, applicants state that the 
transaction's total fixed charges are approximately $4.9 million, and 
East West anticipates offering employment to all of REI's employees.
    REI holds a satisfactory safety rating from the U.S. Department of 
Transportation. Applicants certify that: (1) they have sufficient 
insurance to cover the services they intend to offer; (2) no party to 
the transaction is either domiciled in Mexico or owned or controlled by 
persons of that country; and (3) approval of the transaction will not 
significantly affect either the quality of the human environment or the 
conservation of energy resources.
    Under 49 U.S.C. 14303(b), we must approve and authorize a 
transaction that we find consistent with the public interest, taking 
into consideration at least: (1) the effect of the proposed transaction 
on the adequacy of transportation to the public; (2) the total fixed 
charges that result from the proposed transaction; and (3) the interest 
of carrier employees affected by the proposed transaction. We find, 
based on the application, that the proposed transaction is consistent 
with the public interest and should be authorized.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.
    It is ordered:
    1. The proposed acquisition of control is approved and authorized, 
subject to the filing of opposing comments.
    2. This notice will be effective on July 7, 1997, but will be 
deemed vacated if opposing comments are filed on or before that date.
    3. A copy of this notice will be served on: (1) the U.S. Department 
of Transportation, Office of Motor Carriers-HIA 30, 400 Virginia 
Avenue, SW, Suite 600, Washington, DC 20024; and (2) the Department of 
Justice, Antitrust Division, 10th Street & Pennsylvania Avenue, N.W., 
Washington, DC 20530.

    Decided: May 15, 1997.

    By the Board, Chairman Morgan and Vice Chairman Owen.
Vernon A. Williams,
Secretary.
[FR Doc. 97-13633 Filed 5-22-97; 8:45 am]
BILLING CODE 4915-00-P