[Federal Register Volume 71, Number 38 (Monday, February 27, 2006)]
[Notices]
[Pages 9860-9861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-2697]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. MC-F-21015]


RailCrew Xpress, LLC and RailCrew Xpress, Corp.--Acquisition of 
Control--Raudin McCormick, Inc., and JLS, Inc., d/b/a AAA Limo, and 
RailCrew Xpress, LLC--Acquisition of Control--Brown's Crew Car of 
Wyoming, Inc., d/b/a Armadillo Express

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice Tentatively Approving Finance Transaction.

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SUMMARY: RailCrew Xpress, LLC (RCXLLC), a noncarrier, and its wholly 
owned subsidiary, RailCrew Xpress, Corp. (RCXCORP), also a noncarrier 
(together with the other parties to these transactions, applicants), 
have filed an application under 49 U.S.C. 14303 for RXCCORP to acquire 
all of the stock of two federally regulated motor passenger carriers, 
Raudin McCormick, Inc. (RMI) (MC-184860), and JLS, Inc., d/b/a AAA Limo 
(JLS) (MC-225657), and for RCXLLC to acquire control of Brown's Crew 
Car of Wyoming, Inc., d/b/a Armadillo Express (Brown's), a federally 
regulated motor passenger carrier (MC-168832), by acquiring all of its 
stock. Persons wishing to oppose this application must follow the rules 
at 49 CFR 1182.5 and 1182.8. The Board has tentatively approved the 
transactions, and, if no opposing comments are timely filed, this 
notice will be the final Board action.

DATES: Comments must be filed by April 13, 2006. Applicants may file a 
reply by April 28, 2006. If no comments are filed by April 13, 2006, 
this notice is effective on that date.

ADDRESSES: Send an original and 10 copies of any comments referring to 
STB Docket No. MC-F-21015 to: Surface Transportation Board, 1925 K 
Street, NW., Washington, DC 20423-0001. In addition, send one copy of 
comments to applicants' representatives, Jeremy Kahn, Kahn and Kahn, 
1730 Rhode Island Avenue, NW., Suite 810, Washington, DC 20036, and 
Bradford E. Kistler, Kinsey Ridenour Becker & Kistler, LLP, P.O. Box 
85778, Lincoln, NE 68501.

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: RCXLLC is a Delaware limited liability 
company that holds all of the stock of and controls RCXCORP, also a 
Delaware corporation. In turn, RCXCORP owns all of the stock of and 
controls RMI and JLS.\1\
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    \1\ In August 2005, RCXCORP acquired all of the stock of RMI and 
JLS. However, according to applicants, they were unaware at that 
time that such transactions required Board authority under 49 U.S.C. 
14303(a)(4). RCXCORP and RCXLLC, through control of RCXCORP, now 
seek such approval. Accordingly, RCXCORP has been added as an 
applicant in this proceeding.
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    In addition to its federally issued operating authority, Brown's 
also holds authorities issued by the states of California, Colorado, 
Iowa, Minnesota, Nebraska, Nevada, Utah, and Wyoming. Brown's operating 
revenues for the year 2005 were in excess of $15 million. RCXLLC and 
RCXCORP propose to continue to control carriers RMI and JLS, each of 
which holds, in addition to its federally issued operating authority, 
intrastate operating authorities. RMI holds authorities issued by the 
states of Kansas, Oklahoma, and Texas. JLS holds authorities issued by 
the states of Alabama, Indiana, Kansas, Louisiana, Missouri, New 
Mexico, and Oklahoma.
    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.
    Applicants have submitted information, as required by 49 CFR 
1182.2, including the information to demonstrate that the proposed 
transactions are consistent with the public interest under 49 U.S.C.

[[Page 9861]]

14303(b). Applicants state that the proposed transactions will have no 
impact on the adequacy of transportation services available to the 
public, that the proposed transactions will not have an adverse effect 
on total fixed charges, and that the interest of employees of the 
carriers to be acquired will not be adversely impacted. Additional 
information, including a copy of the application, may be obtained from 
applicants' representatives.
    On the basis of the application, we find that the proposed 
acquisitions of control are 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 at 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 transactions are 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 13, 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 & 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 21, 2006.
    By the Board, Chairman Buttrey and Vice Chairman Mulvey.
Vernon A. Williams,
Secretary.
[FR Doc. E6-2697 Filed 2-24-06; 8:45 am]
BILLING CODE 4915-01-P