[Federal Register Volume 77, Number 135 (Friday, July 13, 2012)]
[Notices]
[Pages 41475-41476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17184]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. MCF 21048]


El Expreso Group, LLC--Asset Acquisition--CUSA EE, LLC D/B/A El 
Expreso

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice of Finance Application.

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SUMMARY: On June 12, 2012, noncarrier El Expreso Group, LLC (El Expreso 
Group or Applicant) filed an application for approval under 49 U.S.C. 
14303 to acquire control of the assets of CUSA EE, LLC d/b/a El Expreso 
(CUSA EE) (MC-463171), an interstate motor passenger carrier subsidiary 
of noncarrier Coach America Holdings, Inc. (Coach America).\1\ On June 
13, 2012, Michael Yusim, an individual, filed a letter in opposition to 
the proposed transaction, asserting that the public interest would not 
be served by allowing the transaction to proceed without certain 
Department of Labor proceedings first being completed. A copy of this 
notice will be served on Mr. Yusim. Persons wishing to oppose the 
application must follow the rules set forth at 49 CFR 1182.5 and 
1182.8.
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    \1\ El Expreso Group's application identified Tornado Bus 
Company, Inc. (Tornado), an affiliate, as a second acquiring entity. 
However, by letter dated June 21, 2012, Applicant's representative 
clarified that Applicant is the sole acquiring entity.

DATES: Comments must be filed by August 27, 2012. Applicant may file a 
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reply to any comments by September 11, 2012.

ADDRESSES: Send an original and 10 copies of any comments referring to 
Docket No. MCF 21048 to: Surface Transportation Board, 395 E Street 
SW., Washington, DC 20423-0001. In addition, send one copy of comments 
to Applicant's representative: Andrew K. Light, Scopelitis, Garvin, 
Light, Hanson & Feary, P.C., 10 W. Market Street, Suite 1500, 
Indianapolis, IN 46204, and Mark Vasquez, 10501 N. Central Expressway, 
Suite 307, Dallas, TX 75231.

FOR FURTHER INFORMATION CONTACT: Marc Lerner, (202) 245-0390. Federal 
Information Relay Service (FIRS) for the hearing impaired: 1-800-877-
8339.

SUPPLEMENTARY INFORMATION: CUSA EE (along with a number of other Coach 
America subsidiaries) is currently involved in a proceeding instituted 
under Chapter 11 of the Bankruptcy Code, having filed on January 3, 
2012, a voluntary petition for relief with the U.S. Bankruptcy Court 
for the District of Delaware, and on January 13, 2012, a motion to sell 
substantially all of its assets and effectively to liquidate. According 
to Applicant, the proposed transaction would be completed pursuant to 
11 U.S.C. 105(a), 363 and 365 and Fed. R. Bankr. P. 2002, 6004, 6006, 
and 9014, and the bankruptcy court's order entered on May 25, 2012, 
authorizing and approving (1) the sale of substantially all of the 
assets of debtor CUSA EE, LLC free and clear of liens, claims, and 
encumbrances, and (2) the assumption and assignment of certain 
executory contracts and unexpired leases.
    Applicant and Tornado, a motor passenger carrier, are owned and 
controlled by Jan Vazquez, an individual. In addition to interstate 
common carrier operating authority (MC-276747), Tornado also holds 
intrastate authority in Texas. Tornado's primary business is providing 
scheduled passenger transportation throughout the United States and 
between the United States and Mexico.
    As indicated, Michael Yusim has filed a letter in opposition to the 
application by El Expreso Group to acquire control of the assets of 
CUSA EE. The basis for his opposition relates to two cases alleging 
that his employer, an entity named Midnight Sun Tours, Inc. (Midnight 
Sun), a wholly owned subsidiary of the Coach America bus companies in 
bankruptcy, discriminated against drivers for having accurately 
reported their hours of service. According to Mr. Yusim, the two cases 
are pending before the Secretary of Labor (Secretary), but have been 
stayed by the bankruptcy court. Mr. Yusim requests that the Board 
disallow the sale of any subsidiaries of Coach America until the 
Secretary is allowed to hear and decide the two cases.
    Because we have received a timely comment in opposition to the 
application, we will not grant tentative authority under 49 CFR 
1182.4(b). See 49 CFR 1182.6(a). Instead, we will institute a 
proceeding to address this matter, as well as to 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 August 27, 2012. Applicant may file a 
reply to any comments by September 11, 2012.
    2. This notice will be effective on its date of service.
    3. 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; (3) the U.S. Department of Transportation,

[[Page 41476]]

Office of the General Counsel, 1200 New Jersey Avenue SE., Washington, 
DC 20590; (4) the Federal Trade Commission, Bureau of Competition, 
Premerger Notification Office, 600 Pennsylvania Avenue NW., Washington, 
DC 20580; and (5) Michael Yusim, 7499 Eagle Point Drive, Delray Beach, 
FL 33446.

    Decided: July 6, 2012.

    By the Board, Chairman Elliott, Vice Chairman Mulvey, and 
Commissioner Begeman.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2012-17184 Filed 7-12-12; 8:45 am]
BILLING CODE 4915-01-P