[Federal Register Volume 65, Number 51 (Wednesday, March 15, 2000)]
[Notices]
[Pages 14010-14011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5918]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. MC-F-20962]


Tedesco Family ESB Trust-Control-Funaway Tours of New Jersey, 
Inc.

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice Tentatively Approving Finance Application.

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SUMMARY: Tedesco Family ESB Trust, Francis Tedesco and Mark Tedesco, 
settlers, of Hoboken, NJ (Tedesco Trust), a noncarrier, and Franmar 
Logistics, Inc., of Hoboken, NJ (Franmar), its noncarrier subsidiary, 
seek approval under 49 U.S.C. 14303(a) for their control of Franmar's 
noncarrier subsidiary, Consolidated Bus Service, Inc. (Consolidated), 
upon Consolidated's acquisition of the operating authority and other 
property of Funaway Tours of New Jersey, Inc., of New York, NY 
(Funaway), a motor carrier of passengers. Persons wishing to oppose the 
application must follow the rules under 49 CFR 1182.5 and 1182.8. The 
Board has tentatively approved the transaction and, if no opposing 
comments are timely filed, this notice will be the final Board action.

DATES: Comments must be filed by May 1, 2000. Applicants may file a 
reply by May 16, 2000. If no comments are filed by May 1, 2000, this 
notice is effective on that date.

ADDRESSES: Send an original and 10 copies of any comments referring to 
STB Docket No. MC-F-20962 to: Surface Transportation Board, Office of 
the Secretary, Case Control Unit, 1925 K Street, N.W., Washington, DC 
20423-0001. In addition, send one copy of any comments to applicants' 
representative: Fritz R. Kahn, Suite 750 West, 1100 New York Avenue, 
N.W., Washington, DC 20005-3934.

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar (202) 565-1600. [TDD

[[Page 14011]]

for the hearing impaired: 1-800-877-8339.]

SUPPLEMENTARY INFORMATION: Tedesco Trust is a noncarrier, which 
directly controls Academy Bus Tours, Inc. (MC-165004) and Academy 
Lines, Inc. (MC-106207), and which, through Franmar, controls Academy 
Bus Tours, Inc. (PA) (MC-215354), Academy Express, Inc. (MC-228481), 
Commuter Bus Line, Inc. (MC-162133), and No. 22 Hillside Corp. (MC-
182453). The six carriers controlled directly or indirectly by Tedesco 
Trust (which include the four carriers controlled by Franmar) provide 
either local commuter bus service and other regular-route service or 
conduct special or charter operations, or a combination of both. 
Collectively, these carriers operate between New York, NY, and various 
points in New Jersey and Pennsylvania.
    Franmar also controls Consolidated, a noncarrier, which is 
proposing to acquire the property of Funaway, including its operating 
authority. Funaway holds federally issued operating authority in Docket 
No. MC-174942 authorizing it to provide regular-route service between 
New York, NY, and Atlantic City, NJ, and to conduct special and charter 
operations. Funaway also holds New York intrastate authority to conduct 
special and charter operations.
    Under 49 U.S.C. 14303(b), we must approve and authorize a 
transaction we find consistent with the public interest, taking into 
consideration at least: (1) The effect of the transaction on the 
adequacy of transportation to the public; (2) the total fixed charges 
that result; and (3) the interest of affected carrier employees.
    Applicants have submitted the information required by 49 CFR 1182.2 
to demonstrate that the proposed acquisition of control is consistent 
with the public interest under 49 U.S.C. 14303(b). Applicants state 
that the proposed transaction will have a positive effect on the 
adequacy of transportation to the public and will result in no increase 
in fixed charges, or adversely impact the interests of the employees. 
See 49 CFR 1182.2(a)(7). Additional information may be obtained from 
the applicants' representative.
    On the basis of the application, we find that the proposed 
acquisition of control is consistent with the public interest and 
should be authorized. If any opposing comments are timely filed, this 
finding will be deemed vacated and, unless a final decision can be made 
on the record as developed, a procedural schedule will be adopted to 
reconsider the application. See 49 CFR 1182.6(c). If no opposing 
comments are filed by the expiration of the comment period, this 
decision will take effect automatically and will be the final Board 
action.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''
    This decision 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. If timely opposing comments are filed, the findings made in this 
decision will be deemed as having been vacated.
    3. This decision will be effective on May 1, 2000, unless timely 
opposing comments are filed.
    4. A copy of this notice will be served on: (1) The U.S. Department 
of Transportation, Federal Motor Carrier Safety Administration--HMCE-
20, 400 Virginia Avenue, S.W., Suite 600, Washington, DC 20024; (2) the 
U.S. Department of Justice, Antitrust Division, 10th Street & 
Pennsylvania Avenue, N.W., Washington, DC 20530; and (3) the U.S. 
Department of Transportation, Office of the General Counsel, 400 7th 
Street, S.W., Washington, DC 20590.

    Decided: March 6, 2000.

    By the Board, Chairman Morgan, Vice Chairman Burkes, and 
Commissioner Clyburn.
Vernon A. Williams,
Secretary.
[FR Doc. 00-5918 Filed 3-14-00; 8:45 am]
BILLING CODE 4915-00-P