[Federal Register Volume 69, Number 159 (Friday, October 8, 2004)]
[Notices]
[Pages 60470-60471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22704]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. MC-F-21007]


CUSA RAZ, LLC d/b/a Raz Transportation Company--Acquisition of 
Assets and Business Operations--Raz Transportation Company

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice tentatively approving finance transaction.

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SUMMARY: CUSA RAZ, LLC d/b/a Raz Transportation Company (CUSA RAZ or 
Applicant), a noncarrier, has filed an application under 49 U.S.C. 
14303 to acquire the assets and business operations of Raz 
Transportation Company (MC-153581) (Raz or Seller). Persons wishing to 
oppose this 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 November 22, 2004. Applicant may file 
a reply by December 7, 2004. If no comments are filed by November 22, 
2004, this notice is effective on that date.

ADDRESSES: Send an original and 10 copies of any comments referring to 
STB Docket No. MC-F-21007 to: Surface Transportation Board, 1925 K 
Street, NW., Washington, DC 20423-0001. In addition, send one copy of 
any comments to applicant's representative: Stephen Flott, Flott & Co. 
PC, P.O. Box 17655, Arlington, VA 22216-7655.

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

SUPPLEMENTARY INFORMATION: CUSA RAZ is a new company wholly owned and 
created by CUSA, LLC (CUSA) to undertake this transaction. CUSA is a 
noncarrier which controls over 20 Federal Motor Carrier Safety 
Administration (FMCSA) registered motor passenger carriers, and, in 
turn, is wholly owned by KBUS Holdings, LLC (KBUS), a noncarrier. KBUS 
acquired control of over 30 motor passenger carriers formerly owned by 
Coach USA, Inc., and then consolidated those entities into the motor 
passenger carriers now controlled by CUSA.\1\ These carriers operate 
more than 1,000 coaches and 600 other revenue vehicles in 35 states. 
Annual revenues for the companies controlled by CUSA for 2004 are 
forecast to be $220 million.
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    \1\ See KBUS Holdings, LLC--Acquisition of Assets and Business 
Operations--All West Coachlines, Inc., et al., STB Docket No. MC-F-
21000 (STB served July 23, 2003).
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    Applicant has entered into an agreement with Raz to buy Raz's 
assets, including vehicles, and its business operations. CUSA RAZ has 
an application pending with FMCSA to obtain contract and common carrier 
operating rights. Once this transaction is consummated, the Federal 
operating authority currently held by Seller will be surrendered.

[[Page 60471]]

    Under 49 U.S.C. 14303(b), the Board must approve and authorize a 
transaction found to be 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 information, as 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 states that the public will be unaffected by 
the proposed transaction because the new company will be operated by 
the same managers and in the same manner as Raz. Also, CUSA RAZ states 
that the proposed transaction will have no effect on fixed charges or 
employees. Applicant states that all qualified Raz employees who desire 
employment will be offered employment with CUSA RAZ. CUSA RAZ asserts 
that the proposed transaction will allow CUSA to extend its advantages 
of volume purchasing power in areas such as equipment and fuel to this 
new acquisition. Additional information, including a copy of the 
application, may be obtained from Applicant's 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 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 finance 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 vacated.
    3. This decision will be effective on November 22, 2004, 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: October 4, 2004.

    By the Board, Chairman Nober, Vice Chairman Mulvey, and 
Commissioner Buttrey.
Vernon A. Williams,
Secretary.
[FR Doc. 04-22704 Filed 10-7-04; 8:45 am]
BILLING CODE 4915-01-P