[Federal Register Volume 67, Number 181 (Wednesday, September 18, 2002)]
[Notices]
[Pages 58833-58834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23469]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. MC-F-20993]


Laidlaw Inc.--Acquisition of Control-C. Seeley's Bus Lines Ltd.

AGENCY: Surface Transportation Board.

ACTION: Notice Tentatively Approving Finance Transaction.

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SUMMARY: In an application filed under 49 U.S.C. 14303, Laidlaw, Inc. 
(Laidlaw), a noncarrier, through its indirectly controlled subsidiary, 
Laidlaw Transit Ltd. (Transit Ltd.) (collectively referred to as 
Laidlaw), seeks to acquire indirect control of C. Seeley's Bus Lines 
Ltd. (Seeley's Bus), 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 November 4, 2002. Applicant may file a 
reply by November 18, 2002. If no comments are filed by November 4, 
2002, this notice is effective on that date.

ADDRESSES: Send an original and 10 copies of any comments referring to 
STB Docket No. MC-F-20993 to: (1) Surface Transportation Board, 1925 K 
Street, NW., Washington, DC 20423-0001. In addition, send one copy of 
any comments to applicant's representative: Fritz R. Kahn, 1920 N 
Street, NW., (8th Floor), Washington, DC 20036-1601.

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

SUPPLEMENTARY INFORMATION: Seeley's Bus is a motor passenger carrier 
that is authorized to provide special and charter operations pursuant 
to federally issued authority in Docket No. MC-203827. Laidlaw submits 
that, pursuant to a voting trust agreement, dated May 31, 2002, Transit 
Ltd. has agreed to acquire all of the outstanding shares of stock of 
Seeley's Bus.
    Laidlaw directly or indirectly controls a number of motor passenger 
carriers, including Transit Ltd. (MC-102189). Laidlaw's motor passenger 
carrier subsidiaries, with the exception of Greyhound Lines, Inc. 
(Greyhound), are largely limited to charter and special operations in 
the United States. Greyhound holds federally issued operating authority 
in Docket No. MC-1515 and provides mainly nationwide, scheduled 
regular-route operations. As a result of the proposed acquisition, 
Laidlaw asserts that Seeley's Bus will be able to offer its Ontario-
originated passengers tour and sightseeing services over an expanded 
area within the United States that is served by Laidlaw's other 
affiliated motor passenger carriers. Laidlaw states that the 
affiliation of Seeley's Bus with its other Laidlaw affiliates will 
ensure that Seeley's Bus will have an adequate number of buses to meet 
the needs of the traveling public. At the same time, Seeley's Bus will 
have the opportunity to make its buses available to other Laidlaw 
affiliates when those buses are underutilized.
    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(b). 
Specifically, applicant has shown that the proposed acquisition of 
control will have a positive effect on the adequacy of transportation 
to the public and will result in no increase in fixed charges

[[Page 58834]]

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 Web site at: 
``http://www.stb.dot.gov.''
    This decision will not significantly affect the quality of the 
human environment or the conversation of energy resources.
    It is ordered:
    1. The proposed acquisition of control 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 as having been vacated.
    3. This decision will be effective on November 4, 2002, unless 
timely opposing comments are filed.
    4. A copy of this notice will 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: September 9, 2002.

    By the Board, Chairman Morgan and Vice Chairman Burkes.
Vernon A. Williams,
Secretary.
[FR Doc. 02-23469 Filed 9-17-02; 8:45 am]
BILLING CODE 4915-00-P