[Federal Register Volume 71, Number 35 (Wednesday, February 22, 2006)]
[Notices]
[Pages 9192-9193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-2466]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. MC-F-21014]


KBUS Holdings, LLC, & CUSA, LLC-Acquisition of Control-America 
Charters, Ltd. et al.

AGENCY: Surface Transportation Board.

ACTION: Notice Tentatively Approving Finance Transaction.

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SUMMARY: KBUS Holdings, LLC (KBUS), and CUSA, LLC (CUSA) (collectively, 
Applicants), have filed an application under 49 U.S.C. 14303 to acquire 
control of American Coach Lines, Inc. (ACL), by acquiring all of the 
outstanding stock of ACL from ACL Acquisition LLC, William Bergstrom, 
George Del Pino, Mark Konttinen, John Garrett, Bruce Bechard, Robert 
Finke, Ron Dillon, Sr., and Vesa Nikunen (collectively, Sellers). ACL 
currently controls the following federally regulated motor carriers of 
passengers: America Charters, Ltd.; American Coach Lines of Atlanta, 
Inc.; American Coach Lines of Jacksonville, Inc.; American Coach Lines 
of Miami, Inc.; American Coach Lines of Orlando, Inc.; Dillon's Bus 
Service, Inc.; Florida Cruise Connection, Inc., d/b/a Cruise 
Connection; Midnight Sun Tours, Inc.; Southern Coach Company; and 
Southern Tours, Inc. 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 April 10, 2006. Applicants may file a 
reply by April 24, 2006. If no comments are filed by April 10, 2006, 
this notice is effective on that date.

ADDRESSES: Send and original and 10 copies of any comments referring to 
STB Docket No. MC-F-21014 to: Surface Transportation Board, 1925 K 
Street, NW., Washington, DC 20423-0001. In addition, send one copy of 
comments to the Applicants' 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: CUSA is a noncarrier which owns 23 federally 
regulated and several non-federally regulated motor carriers. CUSA is, 
in turn, wholly owned by noncarrier KBUS Holdings, LLC, which acquired 
the assets and business operations of the federally regulated motor 
carriers owned by Coach USA, Inc., then consolidated those assets/
operations into the motor passenger carriers now controlled by CUSA.\1\ 
The CUSA group of companies generated more than $215 million in gross 
revenue for the calendar year ending December 31, 2004.
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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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    The Sellers own 100% of the shares of ACL, a noncarrier, which in 
turn owns 100% of the shares of the federally regulated motor carriers 
listed above. The ACL-controlled carriers have facilities in the six 
coastal states from Maryland to Florida, operate a fleet of more than 
430 motor coaches and 110 minibuses, and had, as of December 31, 2005, 
approximately 1,200 employees.
    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.
    KBUS and CUSA have 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). Applicants state that the proposed transaction will have no 
impact on the adequacy of transportation services available to the 
public, that the proposed transaction will not have an adverse effect 
on total fixed charges, and that the interests of employees of the 
carriers controlled by ACL will not be adversely impacted. Additional 
information, including a copy of the application, may be obtained from 
the Applicants' representative.
    On the basis of the application, we find that the proposed 
acquisition of control 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 April 10, 2006, 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 9193]]

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: February 15, 2006.

    By the Board, Chairman Buttrey and Vice Chairman Mulvey.
Vernon A. Williams,
Secretary.
[FR Doc. E6-2466 Filed 2-21-06; 8:45 am]
BILLING CODE 4915-01-P