[Federal Register Volume 68, Number 220 (Friday, November 14, 2003)]
[Notices]
[Pages 64681-64682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28514]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. MC-F-21004]


Lincolnshire Equity Fund II, L.P., VSC Partners, LLC, ACL 
Acquisition, LLC, and Southeast Coach, Inc.--Control--American Coach 
Lines of Miami, Inc.

AGENCY: Surface Transportation Board.

ACTION: Notice Tentatively Approving Finance Transaction.

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SUMMARY: Lincolnshire Equity Fund II, L.P. (LEF II), VSC Partners, LLC 
(VSC), ACL Acquisition, LLC (ACL Acquisition), and Southeast Coach, 
Inc. (SCI) (collectively, applicants), noncarriers that control several 
motor passenger carriers,\1\ jointly filed an application under 49 
U.S.C. 14303 to acquire control of American Coach Lines of Miami, Inc. 
(ACL Miami), a newly formed company. Persons wishing to oppose the 
application must follow the rules at 49 CFR part 1182.5 and 1182.8. The 
Board has tentatively approved the transaction, and, if no opposing 
comments are timely filed, this matter will be the final Board action.
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    \1\ See Lincolnshire Equity Fund II, L.P., et al.--Control--
America Charters, Ltd.,et al., STB Docket No. MC-F-21003 (STB served 
Aug. 18, 2003).

DATES: Comments must be filed by December 29, 2003. Applicants may file 
a reply by January 13, 2004. If no comments are filed by December 29, 
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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-21004 to: Surface Transportation Board, 1925 K 
Street, NW., Washington, DC 20423-0001. In addition, send one copy of 
comments to applicants' representative: Vincent J. Coyle, Jr., Pitney, 
Hardin, Kipp & Szuch LLP, 685 Third Avenue, New York, NY 10017-4024.

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

SUPPLEMENTARY INFORMATION: LEF II, a Delaware limited partnership, and 
VSC, a Delaware limited liability company, are private equity firms 
specializing in middle market investments. SCI is a Delaware holding 
company that was created for the purpose of acquiring ownership of the 
motor passenger carriers that were the subject of the Board's decision 
in STB Docket No. MC-F-21003. See supra note 1. ACL Acquisition, which 
is an intermediate holding company between LEF II and VSC, on the one 
hand, and SCL, on the other hand, is a Delaware limited liability 
company that was created for the purpose of effectuating the instant 
transaction.
    Applicants state that they intend to own and operate a bus 
transportation business in the Miami area and have formed ACL Miami to 
be incorporated in Delaware and also to qualify to do business as a 
foreign corporation in the State of Florida. Applicants also state that 
ACL Miami intends to apply for federal operating authority from the 
Federal Motor Carrier Safety Administration to operate as a motor 
passenger carrier. According to applicants, ACL Miami will provide bus 
service in the Miami area that is similar, but not identical, to 
operations formerly provided by American Bus Lines, Inc. (American 
Bus), a wholly owned subsidiary of Coach USA, Inc.\2\ ACL Miami will 
conduct interstate charter bus operations and intends to provide local 
charter service to a variety of customers, including schools, tour 
groups and various businesses. ACL Miami also plans to provide charter 
service to Florida colleges and universities under long-term service 
contracts.
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    \2\ American Bus has ceased operating in the Miami area.
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    Under 49 U.S.C. 14303(b), the Board must approve and authorize a 
transaction it finds 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). Applicants state that the proposed acquisition of control 
will not reduce competitive options, result in unreasonable fixed 
charges, or adversely impact employees. They assert that granting the 
application will allow the new motor carrier to take advantage of 
economies of scale and substantial benefits offered by applicants that 
would otherwise be unavailable to the motor carrier individually. They 
also assert that, with the termination of operations by American Bus, 
ACL Miami's commencement of operations will fill an important service 
void. Applicants state that ACL Miami has made offers of employment to, 
and intends to hire, a number of personnel in the Miami area, several 
of whom were employees of American Bus. ACL Miami will conduct business 
in some of the markets formerly served by American Bus and intends to 
move into other markets as well. Additional information, including a 
copy of the application, may be obtained from applicants' 
representative.
    On the basis of the application, the Board finds 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 the Board's 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 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 December 29, 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,

[[Page 64682]]

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: November 7, 2003.

    By the Board, Chairman Nober.
Vernon A. Williams,
Secretary.
[FR Doc. 03-28514 Filed 11-13-03; 8:45 am]
BILLING CODE 4915-00-P