[Federal Register Volume 70, Number 130 (Friday, July 8, 2005)]
[Notices]
[Pages 39545-39546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13438]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. MC-F-21013]


Casino Transportation, Inc.--Acquisition of Control and Lease--
Four Winds, Inc., d/b/a People's Choice Transportation, Inc.

AGENCY: Surface Transportation Board.

ACTION: Notice Tentatively Approving Finance Transaction.

-----------------------------------------------------------------------

SUMMARY: Casino Transportation, Inc. (CTI), a federally regulated motor 
passenger carrier (MC-279356), has filed an application under 49 U.S.C. 
14303 to purchase the stock of and lease the operating authorities of 
Four Winds, Inc., d/b/a People's Choice Transportation, Inc. (People's 
Choice), also a federally regulated motor passenger carrier (MC-
264768). Additionally, Craig Caldwell (Caldwell), Greg Waterman, and 
Robert Waterman (Watermans) seek authority to control both carriers and 
Joanne Lah (Lah) seeks limited control of certain elements of the 
operations of both carriers for a limited period of time. 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 August 22, 2005. Applicants may file a 
reply by September 6, 2005. If no comments are filed by August 22, 
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-21013 to: Surface Transportation Board, 1925 K 
Street, NW., Washington, DC 20423-0001. In addition, send one copy of 
comments to CTI's representative: Charles M. Williams, Charles M. 
Williams, P.C., 303 East 17th Street, Suite 888, Denver, CO 80203.

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: CTI is a Colorado corporation with gross 
revenues of over $4.65 million for the calendar year ending December 
31, 2004. Caldwell and the Watermans are the sole shareholders of CTI. 
This arrangement will continue after approval and closing of this 
transaction. Caldwell and the Watermans will become officers and 
directors of CTI and People's Choice, and accordingly will control both 
companies.
    People's Choice is a Colorado corporation with gross revenue of 
over $5.3 million for the calendar year ending December 31, 2004. In 
addition to its federal authorities, People's Choice also holds 
authorities issued by the Colorado Public Utility Commission. Lah is 
currently the sole shareholder of People's Choice; however, upon 
approval and closing, CTI will become the sole owner. Due to the terms 
of People's Choice Chapter 11 Bankruptcy Reorganization Plan, all of 
its authorities will continue to be owned by People's Choice, as a 
separate entity. However, CTI will lease those and other assets from 
People's Choice under a 5-year lease agreement. After Board approval 
and closing, CTI and Caldwell and the Watermans will execute 
shareholder voting agreements that will elect Lah to the board of 
directors of CTI and People's Choice, subject to certain conditions, 
until obligations of People's Choice to certain third parties that are 
guaranteed by Lah have been either paid in full or Lah has been 
released from liability for such obligations. While Lah

[[Page 39546]]

is a member of the boards of directors of CTI and People's Choice, she 
will have certain veto rights.
    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.
    CTI 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). CTI 
states that the proposed transaction will have no impact on the 
adequacy of transportation services available to the public, that fixed 
charges associated with the proposed transaction will not be adversely 
impacted and that the interests of employees of People's Choice will 
not be adversely impacted. Additional information, including a copy of 
the application, may be obtained from CTI's representative.
    On the basis of the application, we find that the proposed 
acquisition of control and lease of operating authority 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 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 
notice will be deemed as having been vacated.
    3. This notice will be effective August 22, 2005, unless timely 
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: June 30, 2005.

    By the Board, Chairman Nober, Vice Chairman Buttrey, and 
Commissioner Mulvey.
Vernon A. Williams,
Secretary.
[FR Doc. 05-13438 Filed 7-7-05; 8:45 am]
BILLING CODE 4915-01-P