[Federal Register Volume 73, Number 182 (Thursday, September 18, 2008)]
[Notices]
[Pages 54202-54203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21733]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. MC-F-21029]


Stagecoach Group PLC and Coach USA, Inc., et al.--Acquisition of 
Control--Eastern Travel & Tour, Inc.

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice Tentatively Approving Finance Transaction.

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SUMMARY: Stagecoach Group, PLC (Stagecoach), a noncarrier, its 
noncarrier intermediate subsidiaries (Stagecoach Transport Holdings 
plc, SCUSI Ltd., Coach USA Administration, Inc.), Coach USA, Inc. 
(Coach USA), and KILT Trans, Inc. (KILT), a motor passenger carrier 
(MC-115432) controlled by Coach USA (collectively, applicants), have 
filed an application under 49 U.S.C. 14303 for acquisition and 
operation of certain assets of Eastern Travel & Tour, Inc. (Eastern), a 
motor passenger carrier (MC-429551). Upon acquisition, Eastern will 
cease operations and KILT will assume such operations. The Board has 
tentatively approved the transaction, and if no opposing comments are 
timely filed, this notice will be the final Board action. Persons 
wishing to oppose the application must follow the rules under 49 CFR 
1182.5 and 1182.8.

DATES: Comments must be filed by November 3, 2008. Applicants may file 
a reply by November 17, 2008. If no comments are received by November 
3, 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-21029 to: Surface Transportation Board, 395 E 
Street, SW., Washington, DC 20423-0001. In addition, send one copy of 
comments to applicants' representatives: David H. Coburn and Scott M. 
Mirelson, Steptoe & Johnson, LLP, 1330 Connecticut Ave., NW., 
Washington, DC 20036.

[[Page 54203]]


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, headquartered in Scotland, is 
one of the world's largest providers of passenger transportation 
services. It operates in several countries, including the United 
States, through a series of operating divisions. Coach USA is a 
Delaware corporation that currently controls numerous passenger 
carriers, including KILT, one of the subjects of this transaction.\1\ 
KILT is currently listed in Federal Motor Carrier Safety Administration 
(FMCSA) records as Pawtuxet Valley Bus Lines, Inc. Applicants state 
that KILT will request that FMCSA update its records to reflect the 
name KILT d/b/a Eastern following approval of the transaction.
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    \1\ Together, Stagecoach and Coach USA control 65 motor 
passenger carriers.
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    Under the proposed transaction, applicants seek permission to 
acquire certain assets of Eastern, including Eastern's name, buses, 
customer lists, any property leases, sales records, Web site, and other 
assets. Eastern currently operates 12 motorcoaches, and provides 
regular route service between several points in the Mid-Atlantic 
States, including between New York, NY, and Washington, DC; New York 
and Baltimore, MD; and New York and Richmond, VA. The proposed 
transaction contemplates the cessation of operations by Eastern on 
these and other routes. Utilizing Eastern's assets in combination with 
KILT's, applicants state that there will be a seamless continuation of 
services previously provided by Eastern through KILT.
    Under 49 U.S.C. 14303, the Board must approve and authorize a 
transaction it finds 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), and a 
statement that the 12-month aggregate gross operating revenues of all 
motor carrier parties and all motor carriers controlling, controlled 
by, or under common control with any party exceeded $2 million. 
Applicants state that the proposed transaction will have no impact on 
the adequacy of transportation services available to the public 
inasmuch as the operations of Eastern will remain unchanged, and that 
fixed charges associated with the proposed transaction will not be 
adversely impacted. Eastern currently employs approximately 24 persons, 
and applicants state that KILT is evaluating its employment needs with 
a view to employing qualified personnel that are currently employed by 
Eastern to operate the relevant services. Additional information, 
including a copy of the application, may be obtained from the 
applicants' representatives.
    On the basis of the application, the Board finds that the proposed 
acquisition of assets 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 the Board's 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 acquisition and operation of certain assets of 
Eastern by applicants is approved and authorized, subject to the filing 
of opposing comments.
    2. If timely opposing comments are filed, the findings made in this 
decision will be deemed as having been vacated.
    3. This decision will be effective on November 3, 2008, unless 
timely opposing comments are filed.
    4. A copy of this decision will be served on: (1) 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: September 11, 2008.

    By the Board, Chairman Nottingham, Vice Chairman Mulvey, and 
Commissioner Buttrey.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-21733 Filed 9-17-08; 8:45 am]
BILLING CODE 4915-01-P