[Federal Register Volume 74, Number 180 (Friday, September 18, 2009)]
[Notices]
[Pages 47985-47986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22488]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. MC-F-21035]


Stagecoach Group PLC and Coach USA, Inc., et al.--Acquisition of 
Control--Twin America, LLC

AGENCY: Surface Transportation Board.

ACTION: Notice of Finance Application.

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SUMMARY: On August 19, 2009, 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), International Bus Services (IBS), a motor 
passenger carrier (MC-155937) controlled by Coach USA, City Sights 
Twin, LLC (City Sights Twin), a noncarrier, and Mr. Zev Marmurstein 
(collectively, Applicants), filed an application under 49 U.S.C. 14303 
to acquire control of Twin America, LLC (Twin America) when it becomes 
a carrier.\1\ Applicants advised the Board that the New York State 
Attorney General's office served subpoenas duces tecum on Gray Line New 
York Tours, Inc., Gray Line Twin, LLC, CitySights LLC, City Sights New 
York LLC, City Sights Daily LLC, and Twin America inquiring into the 
operation of those entities, the formation of Twin America, and related 
matters. On August 26, 2009, the New York State Attorney General filed 
a notice of intent to participate as a party of record. A copy of this 
notice will be served on the New York State Attorney General. Persons 
wishing to oppose this application must follow the rules at 49 CFR 
1182.5 and 1182.8.
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    \1\ Twin America is in the process of applying with the Federal 
Motor Carrier Safety Administration (FMCSA) to be a registered motor 
passenger carrier. It holds USDOT number 1924173 and has been 
assigned docket number MC-688284 by FMCSA.

DATES: Comments must be filed by November 2, 2009. Applicants may file 
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a reply by November 17, 2009.

ADDRESSES: Send an original and 10 copies of any comments referring to 
STB Docket No. MC-F-21035 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 Ave., NW., Washington, DC 20036.

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

SUPPLEMENTARY INFORMATION: Stagecoach is a public limited corporation 
organized under the laws of Scotland. Coach USA is a Delaware 
corporation that controls numerous motor passenger carriers. Mr. Zev 
Marmurstein is the sole member and owner of City Sights Twin, a 
noncarrier formed for the purpose of owning an interest in Twin 
America.
    In March 2009, City Sights Twin and IBS formed Twin America. Twin 
America was formed because Applicants recognized that IBS and City 
Sights LLC, the previous operator of transportation services now 
provided by City Sights Twin, were experiencing declining revenues due 
to the challenging economic environment. The companies have determined 
that combining their assets under common management would provide cost 
savings. According to Applicants, Twin America currently operates motor 
carrier tourism transportation services in New York City as well as 
transportation to destinations outside the state of New York. 
Specifically, Twin America transports passengers from hotels in New 
Jersey to New York City and ``conducts occasional interstate charter 
operations with its own vehicles between the New York City area and 
other states.'' Additionally, Applicants state that Twin America is 
involved in transportation arrangements with other carriers to provide 
interstate travel between the New York City area and other States.
    Applicants have submitted the information required by 49 CFR 
1182.2,\2\ and submitted a statement that the 12-month aggregate gross 
operating revenues of the carrier applicants exceed the $2 million 
jurisdictional threshold of 49 U.S.C. 14303(g). Applicants state that 
the proposed transaction will not affect the adequacy of transportation 
services available to the public because the charter/tour bus segment 
is competitive, the proposed transaction will not adversely impact 
competition, and this agency's prior finding regarding low entry 
barriers in this segment continues to be accurate. Applicants also 
state that the proposed transaction will not adversely impact fixed 
charges because it will not have an adverse impact on the level of debt 
held by Twin America or on the ability of Twin America to repay that 
debt, and that the employees of Twin America, other than a small number 
of

[[Page 47986]]

administrative employees, will not be adversely affected.
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    \2\ By pleading filed on September 14, 2009, Applicants 
supplemented their original filing by including the FMCSA safety 
ratings as required by 49 CFR 1182.2(8).
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    As discussed above, Applicants state that they are currently 
providing various transportation services in interstate commerce. 
Applicants, however, do not provide specific information detailing the 
authority under which these interstate services operate. We note also 
that the New York State Attorney General has served subpoenas duces 
tecum on Twin America and several other entities, inquiring into the 
operation of those entities, the formation of Twin America, and related 
matters, and has asked to participate as a party of record in this 
proceeding. For these reasons, we will not grant tentative authority 
under 49 CFR 1182.4(b). Instead, we will institute a proceeding to 
address these matters as well as determine the merits of the 
application pursuant to 49 U.S.C. 14303. Comments and responses are to 
be submitted as ordered below. See 49 CFR 1182.5 and 1182.6.
    Board decisions and notices are available on our Web site at 
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. Comments must be filed by November 2, 2009. Applicants may file 
a reply by November 17, 2009.
    2. This notice will be effective on date of service.
    3. A copy of this decision 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; (3) the U.S. Department of 
Transportation, Office of the General Counsel, 1200 New Jersey Avenue, 
SE., Washington, DC 20590; and (4) the New York State Office of the 
Attorney General, The Capitol, Albany, NY 12224-0341.

    Decided: September 15, 2009.

    By the Board, Chairman Elliott, Vice Chairman Nottingham, and 
Commissioner Mulvey.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. E9-22488 Filed 9-17-09; 8:45 am]
BILLING CODE 4915-01-P