[Federal Register Volume 67, Number 36 (Friday, February 22, 2002)]
[Notices]
[Page 8334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4139]



[[Page 8334]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. MC-F-20988]


Holland America Line--Westours, Inc.--Control--Westours Motor 
Coaches, Inc., Evergreen Trails, Inc., Westmark Hotels of Canada Ltd., 
and Horizon Coach Lines Ltd.

AGENCY: Surface Transportation Board.

ACTION: Notice tentatively approving finance transaction.

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SUMMARY: Holland America Line--Westours, Inc. (HAL), a noncarrier 
holding company that controls three motor passenger carrier 
subsidiaries, Westours Motor Coaches, Inc. (WMC), Evergreen Trails, 
Inc. (Evergreen), and Westmark Hotels of Canada Ltd. (Westmark),\1\ has 
filed an application under 49 U.S.C. 14303 for acquisition of control 
by HAL, through its Westmark subsidiary, of another Federally regulated 
passenger carrier, Horizon Coach Lines Ltd. (Horizon).\2\ 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, 
as well as the acquisition of control of Horizon by Westmark, and, if 
no opposing comments are timely filed, this notice will be the final 
Board action.
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    \1\ HAL's control of the 3 carriers was approved by the Board in 
Holland America Line--Westours, Inc.--Control--Westmark Hotels of 
Canada Ltd., STB Docket No. MC-F-20985 (STB served Oct. 10, 2001).
    \2\ Horizon holds operating authority in MC-144339.

DATES: Comments are due April 8, 2002. Applicant may reply by April 23, 
2002. If no comments are received by April 8, 2002, this notice is 
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effective on that date.

ADDRESSES: Send an original and 10 copies of any comments referring to 
STB Docket No. MC-F-20988 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 applicant's 
representative: Jeremy Kahn, Kahn & Kahn, 1730 Rhode Island Ave., NW., 
Suite 810, Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: John Sado, (202) 565-1642. [TDD for 
the hearing impaired: 1-800-877-8339].

SUPPLEMENTARY INFORMATION: HAL is a noncarrier that currently controls 
three regulated passenger carrier subsidiaries, WMC (Docket No. MC-
118832), Evergreen (Docket No. MC-107638), and Westmark (Docket No. MC-
405618). Under the proposed transaction, HAL is seeking to acquire 
control, through its Westmark subsidiary, of another regulated 
passenger carrier, Horizon.\3\ Westmark is acquiring the stock of 
Horizon.\4\ HAL states that it focuses its passenger carrier services 
in the Pacific Northwest, mainly in the states of Washington and Alaska 
and in adjacent Canadian areas, including the province of British 
Columbia and the Yukon Territory. Horizon's operations are mainly 
concentrated in Canada.
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    \3\ The Board recently granted interim approval to HAL to 
acquire control, through its Westmark subsidiary, of Horizon. 
Holland America Line--Westours, Inc.--Control--Westours Coaches, 
Inc., Evergreen Trails, Inc., Westmark Hotels of Canada Ltd., and 
Horizon Coach Lines, Ltd., STB Docket No. MC-F-20988 TA (STB served 
Feb. 1, 2002).
    \4\ Accordingly, Westmark will also control Horizon. Although 
applicant did not specifically request such relief, we are 
tentatively approving the acquisition of control of Horizon by 
Westmark.
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    HAL has submitted information, as required by 49 CFR 1182.2(a)(7), 
to demonstrate that the proposed acquisition of control is consistent 
with the public interest under 49 U.S.C. 14303(b). HAL states that the 
proposed transaction will have no impact on the adequacy of 
transportation services available to the public, that the operations of 
the carriers involved will remain unchanged, that there are no fixed 
charges associated with the proposed transaction, and that no carrier 
employees will be adversely affected by the transaction. In addition, 
HAL has 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 the applicant's representative.
    Under 49 U.S.C. 14303, 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 
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 action 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 of Horizon by HAL and the 
acquisition of control of Horizon by Westmark 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 April 8, 2002, 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, 400 7th 
Street, 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: February 14, 2002.

    By the Board, Chairman Morgan and Vice Chairman Burkes.
Vernon A. Williams,
Secretary.
[FR Doc. 02-4139 Filed 2-21-02; 8:45 am]
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