[Federal Register Volume 66, Number 149 (Thursday, August 2, 2001)]
[Notices]
[Pages 40313-40314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19336]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. MC-F-20983]


Tedesco Family ESB Trust-Continuance in Control and Acquisition 
of Properties-Academy Bus, L.L.C., et al.

AGENCY: Surface Transportation Board.

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 Family Trust or applicant), a 
noncarrier, has filed an application under 49 U.S.C. 14303 to continue 
in control of Academy Express, L.L.C., Academy Lines, L.L.C., and No. 
22 Hillside, L.L.C., upon their becoming motor carriers of passengers, 
and upon applicant's acquisition of the properties of certain motor 
carriers of passengers already directly or indirectly controlled by 
applicant. Persons wishing to oppose the application must follow the 
rules at 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 September 17, 2001. Applicant may file 
a reply by October 1, 2001. If no comments are filed by September 17, 
2001, the approval is effective on that date.

ADDRESSES: Send an original and 10 copies of any comments referring to 
STB Docket No. MC-F-20983 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 applicant's 
representative: Fritz R. Kahn, 1920 N. Street, N.W. (8th floor), 
Washington, DC 20036-1601.

[[Page 40314]]


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

SUPPLEMENTARY INFORMATION: Applicant proposes to simplify its corporate 
structure, reorganize its enterprise for tax purposes, and have its 
operating companies be limited liability companies, organized under the 
laws of the State of New Jersey.
    Instead of ten companies \1\ which heretofore had been authorized 
to render operations as motor carriers of passengers, there will be 
three operating bus lines as follows.
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    \1\ Academy Bus Tours, Inc. (MC-165004), Academy Lines, Inc. 
(MC-106207), Asbury Park Transit Lines, Inc. (MC-1002); No. 22 
Hillside Corp. (MC-182453), Academy Express, Inc. (MC-228481), 
American Limousine Service, Inc. (MC-186879), Inner Circle 
Qonexions, Inc. (Reentitled Academy Express, Inc.) (MC-145482), 
Academy Bus Tours, Inc. (PA) (MC-215354), Commuter Bus Line, Inc. 
(MC-162133), and Consolidated Bus Service, Inc. (MC-174942).
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    Academy Express, L.L.C., will be the motor carrier of passengers 
principally rendering special and charter operations, pursuant to 
operating authority to be issued by the Federal Motor Carrier Safety 
Administration (FMCSA). Subject to Board authorization, it will acquire 
the properties of Academy Bus Tours, Inc., and Academy Express, Inc., 
including those of American Limousine Service, Inc., Inner Circle 
Qonexions, Inc. (Reentitled Academy Express, Inc.), Academy Bus Tours, 
Inc. (PA), and Commuter Bus, Lines, Inc., whose operating authorities 
thereafter will be surrendered for cancellation.
    Academy Lines, L.L.C., will be the motor carrier of passengers 
principally rendering commuter operations, pursuant to operating 
authority to be issued by FMCSA. Subject to Board authorization, it 
will acquire properties of Academy Lines, Inc., including those of 
Asbury Park Transit Lines, Inc., whose operating authorities thereafter 
will be surrendered for cancellation.
    No. 22 Hillside, L.L.C., will become a motor carrier of passengers 
pursuant to operating authority to be issued by FMCSA. Subject to Board 
authorization, it will acquire the properties of No. 22 Hillside, Inc., 
whose operating authority thereafter will be surrendered for 
cancellation.
    The three operating companies, Academy Express, L.L.C., Academy 
Lines, L.L.C., and No. 22 Hillside, L.L.C., will be controlled by a 
newly formed noncarrier, Academy Bus, L.L.C., a company indirectly 
controlled by applicant.
    Academy Bus Tours, Inc., Academy Lines, Inc., No. 22 Hillside 
Corp., and Academy Express, Inc., thereafter will be noncarriers. The 
operating authority of Consolidated Bus Service, Inc., will be 
surrendered for cancellation, and it too will be a noncarrier.
    According to applicant, these changes, while of obvious advantage 
to it, will also inure to the benefit of the passengers served by its 
directly-controlled and indirectly-controlled motor carriers of 
passengers. The transaction will diminish the need for fare increases 
and offer passengers better organized, highly specialized, and more 
responsive carriers in furtherance of the public interest.
    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.
    Applicant has submitted the information required by 49 CFR 1182.2, 
including information to demonstrate that the proposed transaction is 
consistent with the public interest under 49 U.S.C. 14303. 
Specifically, applicant has stated 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 and no changes in 
employment. See 49 CFR 1182.2(a)(7). Additional information may be 
obtained from applicant's representative.
    On the basis of the application, we find that the proposed 
transaction 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 continuance in control and acquisition of 
properties 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 vacated.
    3. This decision will be effective on September 17, 2001, unless 
timely opposing comments are filed.
    4. A copy of this notice will be served on: (1) U.S. Department of 
Transportation, Federal Motor Carrier Safety Administration--MC-RI, 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, SW., 
Washington, DC 20590.

    Decided: July 26, 2001.

By the Board, Chairman Morgan, Vice Chairman Clyburn, and 
Commissioner Burkes.
Vernon A. Williams,
Secretary.
[FR Doc. 01-19336 Filed 8-1-01; 8:45 am]
BILLING CODE 4915-00-P