[Federal Register Volume 67, Number 249 (Friday, December 27, 2002)]
[Notices]
[Page 79239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32568]



[[Page 79239]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. MC-F-20995]


Peter Pan Bus Lines Trust--Purchase and Acquisition of Control--
Arrow Acquisition, LLC, Bonanza Acquisition, LLC, Maine Line, LLC, 
Pawtuxet Valley, LLC, Peter Pan Boston, LLC, and Peter Pan Bus Lines, 
Inc.

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, Peter Pan Bus 
Lines Trust (Peter Pan Trust), a noncarrier, seeks to purchase, through 
its newly formed limited liability companies--Arrow Line Acquisition, 
LLC (Arrow), Bonanza Acquisition, LLC (Bonanza), Maine Line, LLC 
(Maine), Pawtuxet Valley, LLC (Pawtuxet), and Peter Pan Boston, LLC 
(Peter Pan Boston)--the operating properties of five motor passenger 
carriers \1\ and thereupon to control these five carriers as well as 
Peter Pan Bus Lines, Inc. (Peter Pan), a motor passenger carrier. 
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.
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    \1\ The five motor passenger carriers being acquired are 
currently controlled by Coach USA, Inc. They are: The Arrow Line, 
Inc. (MC-1934), Bonanza Bus Lines, Inc. (MC-13028), Brunswick 
Transportation, Inc., d/b/a The Maine Line (MC-109495), Mini Coach 
of Boston, Inc. (MC-231090, and Pawtuxet Valley Coach Line, Inc. 
(MC-115432).

DATES: Comments must be filed by February 10, 2003. Applicant may file 
a reply by February 25, 2003. If no comments are filed by February 10, 
2003, the approval is effective on that date.\2\
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    \2\ In its application, Peter Pan Trust requests expedited 
handling of the application and requests that the Board publish its 
notice within 15 days to enable the parties to achieve and recognize 
the substantial business benefits of their transaction as soon as 
possible, and to minimize the ownership transition period between 
the agreement to acquire the assets and regulatory approval.

ADDRESSES: Send an original and 10 copies of any comments referring to 
STB Docket No. MC-F-20995 to: Surface Transportation Board, 1925 K 
Street, NW., Washington, DC 20423-0001. In addition, send one copy of 
any comments to applicants' representatives: Jeremy Kahn, Kahn and 
Kahn, 1730 Rhode Island Avenue, NW., Suite 810, Washington, DC 20036; 
and David H. Coburn, Steptoe & Johnson, LLP, 1330 Connecticut Avenue, 
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NW., Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 565-1600. [Federal 
Information Relay Service (FIRS) for the hearing impaired: 1-800-877-
8389.]

SUPPLEMENTARY INFORMATION: Peter Pan Trust is a Massachusetts Business 
Trust, whose only asset is the stock of Peter Pan, a motor passenger 
carrier that holds federally issued operating authority in Docket No. 
MC-61016.
    Applicants state that Peter Pan recently formed Arrow, Bonanza, 
Maine, Pawtuxet, and Peter Pan Boston and that these newly formed 
companies, together with Peter Pan, are parties to an asset purchase 
transaction in which the parties will acquire the motor coaches and 
other assets, including the operating authorities, of the five Coach-
controlled carriers.\3\ According to applicants, each of the companies 
will operate assets being acquired from these carriers. Applicants 
state that none of these newly formed acquiring companies had any 
operating revenues at the time of the filing of this application.
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    \3\ Arrow will operate the assets of Arrow Line, Inc.; Bonanza 
will operate the assets of Bonanza Bus Lines, Inc.; Maine will 
operate the assets of Brunswick Transportation, Inc., d/b/a The 
Maine Line; Pawtuxet will operate the assets of Pawtuxet Valley 
Coach Line, Inc.; and Peter Pan Boston will operate the assets of 
Mini Coach of Boston, Inc.
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    Applicants state that each of the five newly formed acquiring 
companies recently applied for certain federal operating authority from 
the Federal Motor Carrier Safety Administration (FMCSA).\4\ Each new 
carrier will acquire the FMCSA authority of the corresponding acquired 
carrier, to the extent not included in the pending FMCSA applications, 
and, with the exception of Pawtuxet, they will acquire the intrastate 
operating authority of each corresponding carrier.
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    \4\ Applicants state that these newly formed companies filed 
applications for authority with FMCSA on November 10, 2002. All five 
applications seek charter and special operations authority. Bonanza 
and Peter Pan Boston also seek certain regular route authority, 
generally between Boston and New York. The assigned motor carrier 
docket numbers for the newly formed companies are: MC-448294 for 
Arrow; MC-448481 for Bonanza; MC-448293 for Maine; MC-448292 for 
Pawtuxet; and MC-448482 for Peter Pan Boston.
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    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.
    Applicants have 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, 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 and no changes in employment. See 49 CFR 1182.2(a)(7). 
Additional information may be obtained from applicants' 
representatives.
    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 either the quality of 
the human environment or the conservation of energy resources.
    It is ordered:
    1. The proposed purchase and 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 vacated.
    3. This decision will be effective on February 10, 2003, 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: December 19, 2002.

    By the Board, Chairman Nober, Vice Chairman Burkes, and 
Commissioner Morgan.
Vernon A. Williams,
Secretary.
[FR Doc. 02-32568 Filed 12-26-02; 8:45 am]
BILLING CODE 4915-00-P