[Federal Register Volume 68, Number 7 (Friday, January 10, 2003)]
[Notices]
[Page 1510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-398]



[[Page 1510]]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. MC-F-20996]


East West Resorts Transportation LLC; East West Resorts 
Transportation II, LLC; Colorado Mountain Express, LLC; and Resort 
Express LLC--Merger--East West Resorts Transportation, LLC

AGENCY: Surface Transportation Board.

ACTION: Notice tentatively approving finance transaction.

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SUMMARY: East West Resorts Transportation, LLC (EWRT I), East West 
Resorts Transportation II, LLC (EWRT II), both noncarriers, Colorado 
Mountain Express, LLC (CME) and Resort Express, LLC (RE), both motor 
carriers of passengers, jointly filed an application under 49 U.S.C. 
14303 to merge EWRT I and EWRT II with EWRT I as the surviving entity. 
Additionally, incident to the merger, the parties seek the transfer of 
the operating rights of CME to RE followed by the lease of all the 
operating rights of RE by CME. Finally, the parties seek the following 
name changes: (1) EWRT I to East West Resort Transportation Holdings, 
LLC; (2) CME to East West Resort Transportation, LLC; and (3) RE to 
TMS, LLC. 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.

DATES: Comments must be filed by February 24, 2003. Applicant may file 
a reply by March 11, 2003. If no comments are filed by February 24, 
2003, the tentative approval becomes final on that date.

ADDRESSES: Send an original and 10 copies of any comments referring to 
STB Docket No. MC-F-20996 to: Surface Transportation Board, 1925 K 
Street, NW., Washington, DC 20423-0001. In addition, send one copy of 
comments to applicants' representative: Thomas J. Burke, Jr., 1625 
Broadway, Suite 1600, Denver, CO 80202.

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

SUPPLEMENTARY INFORMATION: EWRT I and EWRT II are holding companies 
controlled by Charles I. Madison, Harry H. Frampton III, and John C. 
Goff. CME, a wholly owned subsidiary of EWRT I, is authorized to 
provide special and charter operations pursuant to federally issued 
authority in Docket Nos. MC-169174 and MC-174332. RE, a wholly owned 
subsidiary of EWRT II, is authorized to provide regular route 
interstate operations pursuant to Federally issued authority in Docket 
No. MC-181367.
    Applicants state that ultimate control over the properties will 
remain the same and that the purpose of the merger and related transfer 
and lease is ``entity simplification.'' Applicants contend that 
approval of the transaction will enable CME, under a unified management 
structure, to achieve such operating efficiencies as fuel conservation 
and reduced vehicle congestion and exhaust emissions.
    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 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' 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: 
www.stb.dot.gov.
    This decision will not significantly affect the quality of the 
human environment or the conservation of energy resources.
    It is ordered:
    1. The proposed transaction 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 February 24, 2003, unless 
timely opposing comments are filed.
    4. A copy of this notice will be served on: (1) U.S. Department of 
Transportation, Federal Motor Carrier Safety Administration, 400 7th 
Street, SW., Room 8214, Washington, DC 20590; (2) U.S. Department of 
Justice, Antitrust Division, 10th Street & Pennsylvania Avenue, NW., 
Washington, DC 20530; and (3) U.S. Department of Transportation, Office 
of the General Counsel, 400 7th Street, SW., Washington, DC 20590.

    Decided: January 3, 2003.

    By the Board, Chairman Nober, Vice Chairman Burkes, and 
Commissioner Morgan.
Vernon A. Williams,
Secretary.
[FR Doc. 03-398 Filed 1-9-03; 8:45 am]
BILLING CODE 4915-00-P