[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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