[Federal Register Volume 66, Number 203 (Friday, October 19, 2001)]
[Notices]
[Pages 53284-53285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26435]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. MC-F-20982]


Americanos U.S.A., L.L.C., et al.--Acquisition--Autobuses Adame, 
Inc.

AGENCY: Surface Transportation Board.

ACTION: Notice tentatively approving finance transaction.

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SUMMARY: Americanos U.S.A., L.L.C. (Americanos), a motor passenger 
carrier, and Americanos Acquisition Co., L.L.C. (Acquisition), a 
noncarrier, seek approval under 49 U.S.C. 14303 for acquisition, by 
either Americanos or Acquisition, of the operating authority and 
certain other properties of Autobuses Adame, Inc. (Adame), a motor 
passenger carrier. Additionally, Sistema Internacional de Transporte de 
Autobuses, Inc. (SITA), Greyhound Lines, Inc. (Greyhound), and Laidlaw, 
Inc. (Laidlaw), through their control of Americanos and Acquisition, 
seek approval to acquire control of the operating rights and properties 
of Adame and to continue in control of Acquisition if and when it 
becomes a motor passenger carrier. 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 December 3, 2001. Applicants may file 
a reply by December 18, 2001. If no comments are filed by December 3, 
2001, this notice is effective on that date.

ADDRESSES: Send an original and 10 copies of any comments referring to 
STB Docket No. MC-F-20982 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 comments to applicants' 
representative: Fritz R. Kahn, 1920 N Street, NW. (8th floor), 
Washington, DC 20036-1601.

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

SUPPLEMENTARY INFORMATION: Americanos (MC-309813) is authorized to 
conduct regular-route passenger operations between certain points in 
the Southwestern States, focusing particularly on the Mexican border 
crossing points at El Paso, Laredo, and McAllen, TX. Americanos and 
Acquisition are controlled by SITA, which, in turn is controlled by 
Greyhound. Laidlaw, a noncarrier, indirectly controls Greyhound,\1\ 
which holds nationwide operating authority (MC-1515).\2\ SITA holds no 
operating authority but also controls two other motor passenger 
carriers: Autobuses Amigos, L.L.C. (MC-340462), operating between 
Brownsville and Houston, TX; and Gonzalez, Inc., d/b/a Golden State 
Transportation (MC-173837), operating between Mexican border points and 
points in various Western States. Adame holds operating authority (MC-
237411) to conduct regular-route passenger operations between the 
Mexican border points at Roma, Hidalgo, and Brownsville, TX, and such 
cities as Houston, TX, Chamblee, GA, Charlotte, NC, Wilson, NC, 
Tallahassee, FL, and Immokalee, FL.
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    \1\ In addition to Greyhound (Delaware), Laidlaw (Canada) 
controls (through its subsidiaries Laidlaw Investments, Ltd. 
(Ontario) and Laidlaw Transportation, Inc. (Delaware)) Hotard 
Coaches, Inc. (Louisiana) (MC-143881), Coastliner d/b/a Mississippi 
Coast Lines (Mississippi) (MC-14388), Laidlaw Transit, Inc. 
(Delaware) (MC-161299), Chatham Coach Lines, Inc. (Delaware) (MC-
172751), Willett Motor Coach Co. (New Jersey) (MC-16073), and 
(through noncarrier Laidlaw Transit Holdings, Inc. (Delaware)) 
Laidlaw Transit Services, Inc. (Delaware) (MC-163344), and Safe Ride 
Services, Inc. (Arizona) (MC-246193). In addition Laidlaw controls, 
through Laidlaw Transit Ltd. (Ontario) (MC-102189), a number of 
other motor passenger carriers conducting special and charter 
operations in the United States, including: (a) Greyhound Canada 
Transportation Corp. (Ontario) (MC-304126), which also controls 
Voyageur Corp. (Canada) (MC-360339); and (b) Gray Line of Vancouver 
Holdings Ltd. (Canada) (MC-357855), The Gray Line of Victoria Ltd. 
(Canada) (MC-380234), J. I. DeNure (Chatham) Limited (Canada) (MC-
111143 (Sub-No. 1)), and Penetang-Midland Coach Lines Limited 
(Canada) (MC-139953 and MC-139953 (Sub-No. 1)).
    \2\ Greyhound also controls several regional motor passenger 
carriers: Carolina Coach Company, Inc. (MC-13300), operating in 
Delaware, Maryland, North Carolina, Pennsylvania, and Virginia; 
Continental Panhandle Lines, Inc. (MC-8742), operating in Kansas, 
Oklahoma, and Texas; Peoria Rockford Bus Lines, L.L.C. (MC-66810), 
operating in Illinois; Texas, New Mexico & Oklahoma Coaches, Inc. 
(MC-61120), operating in Colorado, Kansas, New Mexico, Oklahoma, and 
Texas; Valley Transit Company, Inc. (MC-74), operating in Texas; and 
Vermont Transit Co., Inc. (MC-45626), operating in Maine, 
Massachusetts, New York, and Vermont.
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    Acquisition has entered into an agreement to purchase the operating 
assets of Adame, including its operating authority. At some point at or 
before the time of closing, it is expected that Acquisition will be 
merged with Americanos, leaving Americanos as the surviving 
corporation. However, if the merger has not been completed at the time 
of closing, Acquisition will be the entity acquiring Adame's 
properties. Accordingly, authority is sought to permit either 
Acquisition or Americanos to be the purchaser, and to permit the merger 
of Acquisition and Americanos, if necessary.
    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; 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 
transaction will have a positive effect on the adequacy of 
transportation to the public and will result in no increase in fixed 
charges. As to the effect on employees (see 49 CFR 1182.2(a)(7)), 
applicants state that the proposed transaction will have no significant 
adverse effect on employees. Applicants state that Americanos will be 
able to offer employment to qualified Adame employees, who they say 
will be needed to operate the expanded operations of the combined 
entities.
    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

[[Page 53285]]

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 is approved and authorized, subject to 
the filing of opposing comments.
    2. The proposed merger and the resulting acquisition and/or 
continuance in control, if necessary, are approved and authorized, 
subject to the filing of opposing comments.
    3. If timely opposing comments are filed, the findings made in this 
decision will be deemed to be vacated.
    4. This decision will be effective on December 3, 2001 unless 
timely opposing comments are filed.
    5. A copy of this notice will be served on: (1) The U.S. Department 
of Transportation, Federal Motor Carrier Safety Administration, 400 7th 
St., SW., Room 8214, Washington, DC 20590; (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: October 15, 2001.

    By the Board, Chairman Morgan, Vice Chairman Clyburn, and 
Commissioner Burkes.
Vernon A. Williams,
Secretary.
[FR Doc. 01-26435 Filed 10-18-01; 8:45 am]
BILLING CODE 4915-00-P