[Federal Register Volume 73, Number 213 (Monday, November 3, 2008)]
[Notices]
[Pages 65446-65447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26126]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. MC--F-21030]


Stagecoach Group PLC and Coach USA, Inc., et al.--Acquisition of 
Control--New Today Bus Corp. and New Today Bus, 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 ASTI, Inc. d/b/a Coach USA (ASTI), a motor passenger 
carrier (MC-252353) controlled by Coach USA (collectively,

[[Page 65447]]

applicants), have filed an application under 49 U.S.C. 14303 for 
acquisition and operation of certain assets of New Today Bus Corp. (MC-
651183) and New Today Bus, Inc. (MC-657415) (collectively, New Today). 
Upon acquisition, New Today will cease operations and ASTI 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 December 18, 2008. Applicants may file 
a reply by January 2, 2009. If no comments are filed by December 18, 
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-21030 to: Surface Transportation Board, 395 E 
Street, SW., Washington, DC 20423-0001. In addition, send one copy of 
comments to the Applicants' representatives: David H. Coburn and Scott 
M. Mirelson, Steptoe & Johnson, LLP, 1330 Connecticut Avenue, NW., 
Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: Julia M. 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 ASTI, one of the subjects of this transaction.\1\ 
Coach USA acquired control of ASTI in 1996. ASTI is currently seeking 
FMCSA approval to operate New Today's regular routes, including: (1) 
Between New York, NY, and Washington, DC; (2) New York and Baltimore, 
MD; and (3) New York and Philadelphia, PA. ASTI also plans to change 
its official name from ASTI d/b/a Coach USA to ASTI d/b/a Todays Bus.
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    \1\ Together, Stagecoach and Coach USA control 65 motor 
passenger carriers. Stagecoach and Coach USA have also received 
tentative authority to control an additional motor passenger carrier 
in Stagecoach Group PLC and Coach USA, Inc., et al.--Acquisition of 
Control-Eastern Travel & Tour, Inc., STB Docket No. MC--F-21029 (STB 
served Sept. 18, 2008).
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    Under the proposed transaction, applicants seek permission to 
acquire certain assets of New Today, including New Today's customer 
lists, certain contracts, sales records, certain leases and tangible 
property, as well as certain trademarks and trade names, including 
``Today's Bus,'' ``Todays Bus,'' and ``New Today Bus.'' New Today 
currently provides regular route service between several points in the 
Mid-Atlantic States, as described above. The proposed transaction 
contemplates the cessation of operations by New Today on these and 
other routes. Utilizing New Today's assets in combination with ASTI's, 
applicants state that there will be a seamless continuation of services 
previously provided by New Today through ASTI.
    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 New Today will remain unchanged, and that 
fixed charges associated with the proposed transaction will not be 
adversely impacted. Applicants state that ASTI is evaluating its 
employment needs with a view to employing qualified personnel that are 
currently employed by New Today 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 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 December 18, 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: October 27, 2008.

    By the Board, Chairman Nottingham, Vice Chairman Mulvey, and 
Commissioner Buttrey.
Jeff Herzig,
Clearance Clerk.
[FR Doc. E8-26126 Filed 10-31-08; 8:45 am]
BILLING CODE 4915-01-P