[Federal Register Volume 73, Number 251 (Wednesday, December 31, 2008)]
[Notices]
[Pages 80511-80512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30953]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. MC F-21031]


National Express Corporation--Intra-Corporate Family Transaction 
Exemption

    National Express Corporation (NEC), a noncarrier, has filed a 
verified notice of exemption under the Board's class exemption 
procedures at 49 CFR 1182.9.\1\ NEC seeks to implement the 
restructuring as part of an overall consolidation of its corporate 
structure in order to achieve organizational and operational 
efficiencies and related cost reductions.
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    \1\ The Board exempted intra-corporate family transactions of 
motor carriers of passengers that do not result in significant 
operational changes, adverse changes in service levels, or a change 
in the competitive balance with carriers outside the corporate 
family in Class Exemption for Motor Passenger Intra-Corporate Family 
Transactions, STB Finance Docket No. 33685 (STB served Feb. 18, 
2000.)
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    Under the transaction, NEC, a Delaware corporation, intends to 
reorganize its corporate structure by consolidating certain directly 
and indirectly controlled subsidiaries into a single Delaware limited 
partnership, Durham School Services, L.P. (DSSLP), a motor passenger 
carrier. NEC states that it will retain its ultimate ownership and 
control of DSSLP because it is the sole member of Durham Holding II, 
L.L.C. and Durham Holding I, L.L.C., respectively, the general partner 
and limited partner of DSSLP, both noncarriers. The directly and 
indirectly controlled subsidiaries will provide exempt school bus 
services pursuant to 49 U.S.C. 13506(a)(1) and limited charter 
passenger carrier services to the public.
    According to NEC, restructuring will involve two stages: (1) Polli 
Leasing, Inc. will be merged into Reliance Motor Coach Company, Inc., 
and Murphy Bus Service, Inc. will be merged into Murphy Transportation, 
Inc.; and (2) Jones School Bus Service, Inc., Reliance Motor Coach 
Company, Inc., Double A. Transportation, Inc., and Murphy 
Transportation, Inc. will be merged into DSSLP. NEC states that, after 
the restructuring, DSSLP will continue to exist while the other 
directly and indirectly controlled subsidiaries will cease to exist.
    The transaction is scheduled to be consummated on or about December 
31, 2008, or at least 7 days after the filing date of this notice.
    This is a transaction within a corporate family of the type 
specifically exempted from prior review and approval under 49 CFR 
1182.9. NEC states that the transaction will not result in adverse 
changes in service levels, significant operational changes, or a change 
in the competitive balance with carriers outside the corporate family. 
Applicant further states that (1) it will accomplish the reorganization 
through an Agreement and Plan of Merger entered into by and between the 
affected entities, and (2) there will be no material effect on 
employees of the companies involved in the restructuring.
    If the verified notice contains false or misleading information, 
the Board shall summarily revoke the exemption and require divestiture. 
Petitions to revoke the exemption under 49 U.S.C. 13541(d) may be filed 
at any time. See 49 CFR 1182.9(c).
    An original and 10 copies of all pleadings, referring to STB Docket 
No. MCF-21031, must be filed with the Surface Transportation Board, 395 
F Street, SW., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on Thomas W. Wilcox, 401 9th St., NW., Suite 
1000, Washington, DC 20004.

[[Page 80512]]

    Board decisions and notices are available on our Web site at http://www.stb.gov.

    Decided: December 22, 2008.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
 [FR Doc. E8-30953 Filed 12-30-08; 8:45 am]
BILLING CODE 4915-01-P