[Federal Register Volume 70, Number 9 (Thursday, January 13, 2005)]
[Notices]
[Pages 2464-2465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-695]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. MC-F-21009]


CUSA PCSTC, LLC d/b/a Pacific Coast Sightseeing Tours & 
Charters--Acquisition of Assets and Business Operations--Laidlaw 
Transit Services, Inc. d/b/a Roesch Lines

AGENCY: Surface Transportation Board.

ACTION: Notice tentatively approving finance transaction.

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SUMMARY: CUSA PCSTC, LLC d/b/a Pacific Coast Sightseeing Tours & 
Charters (PCSTC), a motor passenger carrier (MC-463273), has filed an 
application under 49 U.S.C. 14303 to acquire control and operate 
certain assets of Roesch Lines (Roesch), a motor passenger carrier (MC-
119843 (Sub-No. 11)) and subsidiary of Laidlaw Transit Services, Inc. 
(Laidlaw). The transaction was approved on an interim basis under 49 
U.S.C. 14303(i), and the Board is now tentatively granting permanent 
approval. Persons wishing to oppose the application must follow the 
rules under 49 CFR 1182.5 and 1182.8. If no opposing comments are 
timely filed, this notice will be the final Board action.

DATES: Comments are due February 28, 2005. PCSTC may reply by March 14, 
2005. If no comments are received by February 28, 2005, this notice is 
effective on that date.

ADDRESSES: Send an original and 10 copies of any comments referring to 
STB Docket No. MC-F-21009 to: Surface Transportation Board, 1925 K 
Street, NW., Washington, DC 20423-0001. In addition, send one copy of 
any comments to PCSTC's representative: Stephen Flott, Flott & Co. PC, 
P.O. Box 17655, Arlington, VA 22216-7655.

FOR FURTHER INFORMATION CONTACT: Eric S. Davis (202) 565-1608. [Federal 
Information Relay Service (FIRS) for the hearing impaired: 1-800-877-
8339.]

SUPPLEMENTARY INFORMATION: PCSTC is a private limited liability company 
organized under the laws of the state of Delaware by CUSA, LLC (CUSA), 
a noncarrier, which is wholly owned by KBUS Holdings, LLC (KBUS), which 
is also 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\
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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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    Since completing the transaction approved by the Board in STB 
Docket No. MC-F-21000, PCSTC states that CUSA has successfully 
reorganized the assets and businesses acquired as a result of that 
transaction into a number of federally and non-federally regulated 
companies. Annual revenues for the CUSA group of companies for 2004 are 
forecast to be $220 million. The companies in the CUSA group operate 
more than 1,000 coaches and 600 other revenue vehicles in 35 states and 
have more than 3,500 employees. PCSTC states that the experienced 
senior management team that CUSA now has in place has identified the 
acquisition of the properties and passenger services operated by Roesch 
as a way to expand its sightseeing and tour business in the Southern 
California market.
    Roesch, an operating division of Laidlaw, specializes in 
sightseeing, tour and charter services in the Las Vegas, NV, and 
Southern California areas. According to PCSTC, Roesch has been unable 
to restore its sightseeing, tour and charter business to sufficiently 
profitable levels in the years following September 11, 2001, and is 
generating insufficient returns on invested capital. Under the proposed 
transaction, PCSTC seeks to permanently acquire certain assets of 
Roesch, that were acquired on an interim basis, including Roesch's 
vehicles, trade receivables, and business operations, as well as a 
variety of other assets. Once this transaction is consummated,\2\ the 
Federal operating authority currently held by seller will be 
surrendered.
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    \2\ The transaction is expected to close on or about January 9, 
2005.
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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.
    PCSTC has submitted information, as required by 49 CFR 1182.2, 
including the information to demonstrate that the proposed transaction 
is consistent with the public interest under 49 U.S.C. 14303(b). PCSTC 
states that the proposed transaction will have no impact on the 
adequacy of transportation services available to the public, that the 
operations of the carrier involved will remain unchanged, that fixed 
charges associated with the proposed transaction will not be adversely 
impacted and that the interests of employees of Roesch will not be 
adversely impacted. Additional information, including a copy of the 
application, may be obtained from PCSTC's representative.
    On the basis of the application, the Board finds that the proposed 
acquisition of assets 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 notice 
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 action 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 
notice will be deemed as having been vacated.
    3. This notice will be effective on February 28, 2005, 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 &

[[Page 2465]]

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: January 7, 2005.

    By the Board, Chairman Nober, Vice Chairman Mulvey, and 
Commissioner Buttrey.
Vernon A. Williams,
Secretary.
[FR Doc. 05-695 Filed 1-12-05; 8:45 am]
BILLING CODE 4915-01-P