[Federal Register Volume 73, Number 71 (Friday, April 11, 2008)]
[Notices]
[Pages 19936-19937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7764]


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SURFACE TRANSPORTATION BOARD

[STB Docket No. MC-F-21027]


Stagecoach Group PLC and Coach USA, Inc., et al.--Control--
Megabus Northeast LLC

AGENCY: Surface Transportation Board.

ACTION: Notice Tentatively Approving Finance Transaction.

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SUMMARY: On March 13, 2008, Stagecoach Group PLC (Stagecoach) and its 
subsidiary, Coach USA, Inc. (Coach), noncarriers, and various 
subsidiaries of each (collectively, applicants) filed an application 
under 49 U.S.C. 14303 to acquire control of the newly created Megabus 
Northeast LLC (Northeast), which is owned by co-applicant Independent 
Bus Company, Inc. (Independent), a motor passenger carrier and wholly 
owned subsidiary of Coach. Independent also wholly owns Megabus USA, 
LLC, a motor carrier of passengers. Applicants state that currently 
Northeast does not hold federally issued authority to operate as a 
motor common carrier of passengers. Applicants supplemented the 
application in a March 19, 2008 filing. This application is filed on 
the premise that Northeast actually obtains the authority it seeks. 
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 May 27, 2008. Applicants may file a 
reply by June 10, 2008. If no comments are filed by May 27, 2008, this 
notice is effective on that date.

ADDRESSES: Send an original and 10 copies of any comments referring to 
STB Docket No. MC-F-21027 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 & 
Johnson LLP, 1330 Connecticut Avenue, NW., Washington, DC 20036.

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

SUPPLEMENTARY INFORMATION: Stagecoach is a public limited company 
organized under the laws of Scotland. It is one of the world's largest 
providers of passenger transportation services and had annual revenues 
for the fiscal year ending April 30, 2007, of over $3 billion. 
Stagecoach and certain intermediate subsidiaries acquired control of 
Coach in September 1999.\1\ Coach, a Delaware corporation, controls 
numerous federally regulated motor passenger carriers. The motor 
carriers controlled by Coach had gross operating revenues for the 12-
month period ending with the date of this application greater than the 
$2 million threshold required for Board jurisdiction.
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    \1\ See Stagecoach Holdings PLC--Control--Coach USA, Inc., et 
al., STB Docket No. MC-F-29048 (STB served July 22, 1999).
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    Northeast is currently a noncarrier, but plans to seek 
authorization from the Federal Motor Carrier Safety Administration to 
operate as a motor common carrier of passengers. Once authorization is 
granted, Northeast will utilize a fleet of motorcoaches to provide 
scheduled express bus service over regular routes between New York and 
several cities in the Northeast and Middle Atlantic states, including 
Washington and Boston. Applicants state that initially, Megabus USA may 
provide this service under its operating authority. Once Northeast 
obtains authority, Northeast would assume responsibility for conducting 
these operations in the Northeast and Middle Atlantic states, and 
Megabus USA will continue to provide service outside the Northeast and 
Middle Atlantic regions.
    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 
adversely impact the adequacy of transportation services available to 
the public, the fixed charges incurred by Northeast, or the interests 
of any motor carrier employees. Additional information, including a 
copy of the application, may be obtained from the Applicants' 
representative.
    On the basis of the application, and if Northeast does in fact 
obtain the authority as described above, 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:

[[Page 19937]]

    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 May 27, 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: April 7, 2008.

    By the Board, Chairman Nottingham, Vice Chairman Mulvey, and 
Commissioner Buttrey.
Anne K. Quinlan,
Acting Secretary.
 [FR Doc. E8-7764 Filed 4-10-08; 8:45 am]
BILLING CODE 4915-01-P