[Federal Register Volume 73, Number 38 (Tuesday, February 26, 2008)]
[Notices]
[Pages 10333-10334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3582]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. MC-F-21024]


Fenway Partners Capital Fund III, L.P. and Coach America 
Holdings, Inc.-Control-Renzenberger, Inc.

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice Tentatively Approving Finance Transaction.

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SUMMARY: On February 1, 2008, Fenway Partners Capital Fund III, L.P. 
(Fenway), and its subsidiary, Coach America Holdings, Inc. (Coach 
America)\1\

[[Page 10334]]

(collectively, Applicants), both noncarriers, filed an application 
under 49 U.S.C. 14303 to acquire control of Renzenberger, Inc. 
(Renzenberger) (MC-170517). Applicants propose to acquire control via a 
stock purchase by RZB Acq Corp. (Acquisition Corp.), a corporation 
formed by Coach America (and thus a wholly owned subsidiary of Coach 
America). Acquisition Corp. will acquire 100% of the issued and 
outstanding stock of Renzenberger. Renzenberger will continue to 
operate as a separate entity. 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.
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    \1\ Fenway owns 70% of the stock of Coach America. Coach America 
currently controls through intermediate subsidiaries 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.; CUSA, LLC; CUSA ASL, LLC d/b/a Arrow 
Stage Lines; CUSA AT, LLC d/b/a Americoach Tours; CUSA AWC, LLC d/b/
a All West Coachlines; CUSA BCCAE, LLC d/b/a Blackhawk-Central City 
Ace Express; CUSA CC, LLC d/b/a Coach USA Los Angeles; CUSA CSS, LLC 
d/b/a Crew Shuttle Services; CUSA EE, LLC d/b/a El Expreso; CUSA 
ELKO, LLC d/b/a K-T Contract Services Elko; CUSA ES, LLC d/b/a 
Express Shuttle; CUSA FL, LLC d/b/a Franciscan Lines; CUSA GCBS, LLC 
d/b/a Goodall's Charter Bus Service; CUSA GCT, LLC d/b/a Gulf Coast 
Transportation; CUSA KBC, LLC d/b/a Kerrville Bus Company; CUSA K-
TCS, LLC d/b/a Coach USA and d/b/a Gray Line Airport Shuttle; CUSA 
K-TCS, LLC d/b/a Arizona Charters; CUSA PCSTC, LLC d/b/a Pacific 
Coast Sightseeing Tours & Charters; CUSA PRTS, LLC d/b/a Powder 
River Transportation Services; CUSA RAZ, LLC d/b/a Raz 
Transportation Company; 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.

DATES: Comments must be filed by April 11, 2008. Applicants may file a 
reply by April 28, 2008. If no comments are filed by April 11, 2008, 
this notice is effective on that date.\2\
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    \2\ In their application, Applicants request expedited handling 
of the application, and request that the Board publish the notice 
within 25 days to enable the parties to minimize the risk of further 
credit market disruption, reduce uncertainty felt by workers, and to 
ensure the benefits of the transaction, including enhanced customer 
service levels.

ADDRESSES: Send an original and 10 copies of any comments referring to 
STB Docket No. MC-F-21024 to: Surface Transportation Board, 395 E 
Street, SW., Washington, DC 20423-0001. In addition, send one copy of 
comments to Applicants' representative: David H. Coburn, Steptoe & 
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Johnson LLP, 1330 Connecticut Avenue, NW., Washington, DC 20036-1795.

FOR FURTHER INFORMATION CONTACT: Julia Farr (202) 245-0359 [Federal 
Information Relay Service (FIRS) for the hearing impaired: 1-800-877-
8339].

SUPPLEMENTARY INFORMATION: Fenway is a noncarrier Delaware limited 
partnership. Fenway is affiliated with Fenway Partners, Inc., a private 
equity firm with $2.1 billion under management. Fenway Partners, Inc., 
invests in numerous different businesses, including other 
transportation-related entities, through various limited partnerships 
and other investment entities. Fenway controls carriers through its 
subsidiary, Coach America.
    Coach America, a noncarrier Delaware corporation, controls 29 
federally regulated motor carriers through its subsidiaries Coach 
America Group, Inc., and KBUS Holdings, LLC.\3\
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    \3\ Fenway and Coach America have also filed an application 
under 49 U.S.C. 14303 to acquire control of Lakefront Lines, Inc., 
and Hopkins Airport Limousine Service, Inc., Ohio corporations and 
federally regulated motor carriers of passengers, in Fenway Partners 
Capital Fund III, L.P., and Coach America Holdings, Inc.-Control-
Lakefront Lines, Inc., and Hopkins Airport Limousine Service, Inc., 
STB Docket No. MC-F-21025.
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    Renzenberger is a Kansas corporation and a federally regulated 
motor carrier of passengers. It has operating authority to transport 
passengers in: (1) Contract carriage with rail carriers for their 
crews; (2) nationwide common carrier charter and special operations; 
and (3) common carrier service over specified regular routes in 
Nebraska, Iowa, Colorado, and Kansas. Renzenberger operates more than 
1,500 vehicles in more than 20 states.\4\ The gross revenue of 
Applicants' carriers and Renzenberger exceed the $2 million 
jurisdictional threshold of 49 U.S.C. 14303(g).
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    \4\ Renzenberger holds intrastate operating authority in 23 
states.
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    To consummate the transaction, Coach America will establish 
Acquisition Corp., a Delaware corporation and wholly owned subsidiary 
of Coach America. Acquisition Corp. will acquire 100% of the issued and 
outstanding capital stock of Renzenberger. Renzenberger will become a 
wholly owned subsidiary of Coach America and will therefore be under 
the control of Fenway. No operating authorities will be transferred as 
a result of the transaction.
    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 
transaction is consistent with the public interest under 49 U.S.C. 
14303(b). Applicants state that the proposed transaction will not 
impact the adequacy of transportation services available to the public, 
that the proposed transaction will not adversely impact fixed charges, 
and that the interests of employees of Renzenberger 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 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 on April 11, 2008, 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, 1200 
New Jersey Avenue, SE., 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, 1200 New Jersey Avenue, SE., Washington, 
DC 20590.

    Decided: February 20, 2008.

    By the Board, Chairman Nottingham, Vice Chairman Mulvey, and 
Commissioner Buttrey.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-3582 Filed 2-25-08; 8:45 am]
BILLING CODE 4915-01-P