[Federal Register Volume 65, Number 146 (Friday, July 28, 2000)]
[Notices]
[Pages 46548-46549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19168]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. MC-F-20969; 
MC-F-20970] \1\


Stagecoach Holdings PLC and Coach USA, Inc., et al.--Control--B&A 
Charter Tours, Inc., Dillon's Bus Service, Inc., and The McMahon 
Transportation Co.; Stagecoach Holdings PLC and Coach USA, Inc., et 
al.--Control--Express Shuttle, Inc.

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), noncarriers, and various subsidiaries of each 
(collectively, applicants) have filed an application under 49 U.S.C. 
14303 in STB Docket No. MC-F-20969 to acquire control of motor 
passenger carriers B&A Charter Tours, Inc. (B&A), Dillon's Bus Service, 
Inc. (Dillon's), and The McMahon Transportation Co. (McMahon) 
(collectively, Maryland Carriers); and in STB Docket No. MC-F-20970 to 
acquire control of motor passenger carrier Express Shuttle, Inc., 
(Express). Persons wishing to oppose this application must follow the 
rules under 49 CFR part 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 September 11, 2000. Applicants may 
file a reply by September 26, 2000. If no comments are filed by 
September 11, 2000, this notice is effective on that date.

ADDRESSES: Send an original and 10 copies of any comments referring to 
STB Docket Nos. MC-F-20969 and MC-F-20970 to: Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW, 
Washington, DC 20423-0001. In addition, send one copy of any comments 
to applicants' representative: Betty Jo Christian, Steptoe & Johnson 
LLP, 1330 Connecticut Avenue, NW, Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar (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. With operations in several 
countries, Stagecoach is one of the world's largest providers of 
passenger transportation services. Stagecoach had annual revenues for 
the fiscal year ending April 30, 2000, of over $3.29 billion. Coach is 
a Delaware corporation that currently controls over 80 motor passenger 
carriers.
    Stagecoach and its subsidiaries currently control Coach,\2\ its 
noncarrier regional management subsidiaries, and the motor passenger 
carriers jointly controlled by Coach and the management 
subsidiaries.\3\ In previous Board decisions, Coach management 
subsidiaries, including Coach USA Northeast, Inc. and Coach USA North 
Central, Inc., have obtained authority to control motor passenger 
carriers jointly with Coach.\4\
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    \2\ Stagecoach controls Coach through various subsidiaries, 
namely, SUS 1 Limited, SUS 2 Limited, Stagecoach General 
Partnership, and SCH US Holdings Corp.
    \3\ See Stagecoach Holdings PLC--Control--Coach USA, Inc., et 
al., STB Docket No. MC-F-20948 (STB served July 22, 1999).
    \4\ See Coach USA, Inc. and Coach USA North Central, Inc.--
Control--Nine Motor Carriers of Passengers, STB Docket No. MC-F-
20931, et al. (STB served July 14, 1999).
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    Applicants state that Coach purchased all of the outstanding stock 
of the Maryland Carriers, which had been

[[Page 46549]]

commonly owned, in May 2000 and placed the stock of each into separate, 
independent voting trusts.\5\ Applicants further state that Coach also 
purchased all of the outstanding stock of Express in April 2000 and 
placed that stock into an independent voting trust.\6\ According to 
applicants, these transactions did not involve any transfer of the 
federal or state operating authorities held by any of these carriers 
and will not entail any change in their operations.
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    \5\ B&A, Dillon's, and McMahon are Maryland corporations with 
integrated operations involving a fleet of approximately 28 buses 
and employing approximately 80 persons. B&A holds federally-issued 
operating authority in Docket No. MC-170895, authorizing it to 
provide charter and special services between points in the United 
States. Its revenues for the 12-month period ended December 31, 
1999, were $98,641. Dillon's holds federally-issued operating 
authority in Docket No. MC-36788, authorizing it to provide regular 
route services between points in Maryland and Washington, DC, as 
well as charter and special services between points in the United 
States. For the twelve month period ended December 31, 1999, 
Dillon's operating revenues were approximately $5.1 million. McMahon 
holds federally-issued operating authority in Docket No. MC-788, 
authorizing it to provide regular route service between points in 
Maryland and nearby states. It also holds authority to provide 
charter and special services between points in the United States. 
McMahon's operating revenues for the twelve months ended December 
31, 1999, were $117,911.
    \6\ Express is a North Dakota corporation that operates a fleet 
of approximately 20 vehicles and employs 73 persons. Its operations 
consist of the contract transportation of railroad crews between 
points in North Dakota or other nearby states pursuant to an ICC 
permit issued in Docket No. MC-254884. Express also holds a 
federally-issued certificate authorizing the transportation of 
property between points in the United States as a common carrier. 
For the fiscal year ended December 31, 1999, Express (together with 
Bismark Transportation, a related non-federally regulated carrier) 
had annual revenues in excess of $2 million.
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    Applicants have submitted information, as required by 49 CFR 
1182.2(a)(7), to demonstrate that the proposed transactions are 
consistent with the public interest under 49 U.S.C. 14303(b). 
Applicants state that the proposed transactions will not reduce 
competitive transportation options, adversely impact fixed charges, or 
adversely impact the interests of the employees of the acquired 
carriers. In addition, applicants have submitted all of the other 
statements and certifications required by 49 CFR 1182.2. Additional 
information, including a copy of the application, may be obtained from 
applicants' representative.
    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.
    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 September 11, 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, SW, Suite 600, Washington, DC 20024; (2) the 
U.S. Department of Justice, Antitrust Division, 10th Street & 
Pennsylvania Avenue, NW., Washington, DC 20530; and (3) the U.S. 
Department of Transportation, Office of the General Counsel, 400 7th 
Street, SW, Washington, DC 20590.

    Decided: July 24, 2000.

    By the Board, Chairman Morgan, Vice Chairman Burkes, and 
Commissioner Clyburn.
Vernon A. Williams,
Secretary.
[FR Doc. 00-19168 Filed 7-27-00; 8:45 am]
BILLING CODE 4915-00-P