[Federal Register Volume 73, Number 139 (Friday, July 18, 2008)]
[Notices]
[Pages 41401-41402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16409]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. MC-F-21028]


Delivery Acquisition, Inc.--Purchase--Transportation Management 
Systems, LLC and East West Resort Transportation, LLC

AGENCY: Surface Transportation Board.

ACTION: Notice Tentatively Approving Finance Transaction.

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SUMMARY: On June 19, 2008, Delivery Acquisition, Inc. (Delivery) an 
indirect subsidiary of Vail Resorts, Inc. (VRI), filed an application 
under 49 U.S.C. 14303 to acquire control, through purchase, of the 
properties of Transportation Management Systems, LLC f/k/a TMS, Inc.\1\ 
(TMS) and East West Resort Transportation, LLC (EWRT). The application 
also sought Board authority for VRI to control Delivery, which will 
become a carrier upon its acquisition of the carrier assets, including 
operating authorities, of TMS and EWRT. 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\ Pursuant to 49 CFR 365.413, et seq. a notice of name change 
has been furnished contemporaneously to the Federal Motor Carrier 
Safety Administration reflecting that the correct name of the entity 
referred to as TMS, LLC in the Board's decision in Docket No. MC-F-
20996, served January 10, 2003, is Transportation Management 
Systems, LLC.

DATES: Comments must be filed by September 2, 2008. Applicants may file 
a reply by September 16, 2008. If no comments are filed by September 2, 
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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-21028 to: Surface Transportation Board, 395 E 
Street, SW., Washington, DC 20423-0001. In addition, send one copy of 
comments to Delivery's representative: Mark A. Davidson, Dufford & 
Brown P.C., 1700 Broadway, Suite 2100, Denver, CO 80290-2101, and send 
one copy of comments to TMS's representative: Thomas J. Burke, Jr., 
Jones & Keller, P.C., 1625 Broadway, Suite 1600, Denver, CO 80202-4727.

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

SUPPLEMENTARY INFORMATION: Delivery is a Colorado corporation and is a 
newly created direct subsidiary of The Vail Corporation, which is a 
subsidiary of Vail Holdings, Inc., which is, in turn, a subsidiary of 
VRI, a Delaware corporation. VRI operates year-round resorts in 
Colorado and controls, through The Vail Corporation, Grand Teton Lodge 
Company, a registered motor passenger carrier (MC-6259). Applicants 
seek authorization under 49 U.S.C. 14303(a)(5) for VRI, as a person in 
control of a carrier, to acquire control of the assets of EWRT and TMS 
through Delivery's transaction.
    Following the transaction, Delivery will be a carrier. Delivery and 
Grand Teton Lodge Company will become affiliated carriers through VRI, 
although none of these carriers will be in control of the others.
    Delivery will control, through purchase, the assets, including 
certificates of public convenience and necessity of EWRT and TMS \2\ 
both of which are Delaware limited liability companies. TMS and EWRT 
are lessor and lessee, respectively, of the operating rights issued by 
the former Interstate Commerce Commission in MC-169714 and MC-174332, 
providing for special

[[Page 41402]]

and charter operations in interstate and foreign commerce, and in MC-
181367, providing for interstate and intrastate regular route 
operations. TMS and EWRT are also lessor and lessee, respectively, of 
an operating right issued by the Public Utilities Commission of the 
State of Colorado. Delivery will acquire the intrastate operating 
authority as a result of the transaction.
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    \2\ TMS does business under the following trade names: Colorado 
Mountain Express and/or CME Premier and/or Premier VIP 
Transportation, and/or Resort Express.
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    To consummate the transaction, TMS and EWRT propose to sell all 
their assets, including their interests in the operating rights to 
Delivery, for a purchase price of $41.5 million, subject to certain 
adjustments.\3\
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    \3\ The parties submitted a copy of the Asset Purchase 
Agreement, covering the entire transaction, with their application.
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    Applicants state that the 12-month aggregate gross operating 
revenues of all motor carriers controlling, controlled by, or under 
common control with any party from all transportation sources exceed 
the $2 million jurisdictional threshold of 49 U.S.C. 14303(g).
    Under 49 U.S.C. 14303(b), the Board must approve and authorize a 
transaction we find 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(a)(7), to demonstrate that the proposed acquisition of control 
is consistent with the public interest under 49 U.S.C. 14303(b). 
Applicants state that the proposed transaction will improve the 
efficiency of transportation services available to the public, that the 
operations of the carriers involved will remain unchanged, that there 
are no fixed charges associated with the proposed transaction, and that 
the employees of EWRT and TMS will not be adversely affected. In 
addition, applicants have submitted all of the other statements and 
verifications required by 49 CFR 1182.8. Additional information, 
including a copy of the application, may be obtained from 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 on September 2, 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, 950 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: July 14, 2008.

    By the Board, Chairman Nottingham, Vice Chairman Mulvey, and 
Commissioner Buttrey.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-16409 Filed 7-17-08; 8:45 am]
BILLING CODE 4915-01-P