[Federal Register Volume 65, Number 61 (Wednesday, March 29, 2000)]
[Notices]
[Pages 16686-16687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7773]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket Nos. MC-F-20963 and MC-F-20965] \1\


Stagecoach Holdings plc and Coach USA, Inc., et al.--Control--
Century Airline Services, Inc. and All West Coachlines, Inc., et al.

AGENCY: Surface Transportation Board.
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    \1\ These proceedings are not consolidated. A single decision is 
being issued for administrative convenience.

ACTION: Notice Tentatively Approving Finance Transactions.

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SUMMARY: Stagecoach Holdings plc (Stagecoach), and its subsidiary, 
Coach USA, Inc. (Coach), both noncarriers that control motor passenger 
carriers, and various subsidiaries of each (collectively, applicants), 
filed an application under 49 U.S.C. 14303 for Stagecoach, related 
applicants, and its subsidiaries, Coach and Coach Canada, Inc. 
(Canada), to acquire control of Century Airline Services, Inc. 
(Century), and for Stagecoach, related applicants, and its 
subsidiaries, Coach and Coach USA West, Inc. (West), to acquire control 
of All West Coachlines, Inc. d/b/a All West Tours (All West) and 
Goodall's Charter Bus Service, Inc. (Goodall's). Persons wishing to 
oppose the application must follow the rules at 49 CFR 1182.5 and 
1182.8. The Board has tentatively approved the transactions, and, if no 
opposing comments are timely filed, this notice will be the final Board 
action.

DATES: Comments must be filed by May 15, 2000. Applicants may file a 
reply by May 30, 2000. If no comments are filed by May 15, 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-20963, et al. 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 comments to 
applicants' representative: Betty Jo Christian, Steptoe & Johnson LLP, 
1330 Connecticut Avenue, N.W., Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 565-1600. [TDD for 
the hearing impaired: 1-800-877-8339.]

SUPPLEMENTARY INFORMATION: Stagecoach is a public limited corporation 
organized under the laws of Scotland, and Coach is a Delaware 
corporation. Stagecoach and its

[[Page 16687]]

subsidiaries \2\ currently control Coach and its noncarrier regional 
management subsidiaries (including Canada and West), as well as the 
motor passenger carriers jointly controlled by Coach and the management 
subsidiaries.\3\ Coach acquired the companies that are the subject of 
these proceedings by purchasing all of the outstanding stock of Century 
\4\ and Goodall's \5\ in separate 1999 transactions and simultaneously 
placing the stock of each into independent voting trusts. In January 
2000, Coach purchased the stock of All West \6\ and again 
simultaneously placed the stock into an independent voting trust. 
Applicants submit that the federal and state operating authorities held 
by Century, All West and Goodall's will not be transferred from one 
entity to another as a result of the control transactions.
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    \2\ The four noncarrier subsidiaries of Stagecoach that are 
intermediate in the corporate chain connecting Stagecoach with Coach 
are: SUS 1 Limited, SUS 2 Limited, Stagecoach Nevada (a Nevada 
general partnership formerly known as Stagecoach General 
Partnership), and SCH US Holdings Corp. (collectively, the 
Intermediate Subsidiaries).
    \3\ Control over Coach and its subsidiaries was approved in 
Stagecoach Holdings plc--Control--Coach USA, Inc., et al., STB 
Docket No. MC-F-20948 (STB served July 22, 1999).
    \4\ Century is an Ontario corporation. It holds federally issued 
operating authority in Docket No. MC-293450, which authorizes it to 
provide charter and special services between points in the United 
States.
    \5\ Goodall's is a California corporation. It holds federally 
issued operating authority in Docket No. MC-148870, which authorizes 
it to provide charter and special services passenger transportation 
between points in the United States.
    \6\ All West is a California corporation. It holds federally 
issued operating authority in Docket No. MC-212056, which authorizes 
it to engage in charter and special operations between points in the 
United States (except Alaska and Hawaii) and to operate as a motor 
contract carrier under continuing contracts with persons requiring 
passenger service.
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    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, including information to demonstrate that the proposed 
transactions are consistent with the public interest under 49 U.S.C. 
14303(b). Specifically, applicants have shown that the proposed 
transactions will have a postive effect on the adequacy of 
transportation to the public and will result in no increase in fixed 
charges, and no changes in employment. See 49 CFR 1182.2(a)(7). 
Additional information, including a copy of the application, may be 
obtained from the applicants' representative.
    On the basis of the application, we find that the proposed 
transactions are 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 acquisitions of control are 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 15, 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 23, 2000.

    By the Board, Chairman Morgan, Vice Chairman Burkes, and 
Commissioner Clyburn.
Vernon A. Williams,
Secretary.
[FR Doc. 00-7773 Filed 3-28-00; 8:45 am]
BILLING CODE 4915-00-P