[Federal Register Volume 78, Number 27 (Friday, February 8, 2013)]
[Notices]
[Page 9451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02890]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. MCF 21049]


Academy Express, L.L.C.--Acquisition of Property--Golden Ring 
Travel & Transportation, Inc.

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice Tentatively Authorizing Finance Transaction.

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SUMMARY: On January 10, 2013, Academy Express, L.L.C. (Academy), a 
motor carrier of passengers, filed an application for authority under 
49 U.S.C. 14303 to acquire the property of Golden Ring Travel & 
Transportation, Inc. (Golden Ring), also a motor carrier of passengers. 
The Board is tentatively approving and authorizing 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 set forth at 49 CFR 1182.5 and 1182.8.

DATES: Comments must be filed by March 25, 2013. Academy may file a 
reply by April 9, 2013. If no comments are filed by March 25, 2013, 
this notice shall be effective on March 26, 2013.

ADDRESSES: Send an original and 10 copies of any comments referring to 
Docket No. MCF 21049 to: Surface Transportation Board, 395 E Street 
SW., Washington, DC 20423-0001. In addition, send copies of comments to 
Academy's representative: Fritz R. Kahn, Fritz R. Kahn, P.C., 1919 M 
Street NW., 7th Floor, Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: Scott M. Zimmerman, (202) 245-0386. 
Federal Information Relay Service (FIRS) for the hearing impaired: 1-
800-877-8339.

SUPPLEMENTARY INFORMATION: Academy (MC-413682) is a motor carrier of 
passengers principally providing charter bus and contract carrier 
services, with a fleet of approximately 400 motor coaches and more than 
500 drivers. Academy is indirectly controlled by the Tedesco Family ESB 
Trust, which also indirectly controls Academy Lines, L.L.C., a motor 
carrier of passengers principally rendering commuter operations, and 
No. 22 Hillside, L.L.C., a motor carrier of passengers rendering a 
variety of services. Golden Ring (MC-233098) is a motor carrier of 
passengers principally providing special and charter operations and has 
no affiliates.
    Under the proposed transaction, Academy seeks permission to acquire 
the properties of Golden Ring--namely, three motor coaches, customer 
lists, and goodwill, as well as Golden Ring's authority to render 
intrastate motor carrier operations in Maryland. According to the 
application, Golden Ring would surrender its interstate operating 
authority and cease operating as an interstate motor carrier of 
passengers on the effective date of the property acquisition.
    Under 49 U.S.C. 14303(b), the Board must approve and authorize a 
transaction that it finds consistent with the public interest, taking 
into consideration at least: (1) The effect of the proposed transaction 
on the adequacy of transportation to the public; (2) the total fixed 
charges that result; and (3) the interest of affected carrier 
employees. Academy has 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 Academy's gross operating revenue for 
the preceding 12 months exceeded $2 million, see 49 U.S.C. 14303(g).
    With respect to the effect of the transaction on the adequacy of 
transportation to the public, Academy states that the proposed 
acquisition would greatly benefit Golden Ring's patrons. According to 
Academy, passengers would be able to travel in newer buses and would 
have a far greater selection of tours and special operations than was 
previously afforded to them. Academy states that the separate 
management functions of the two companies would be integrated and the 
purchases of fuel and other supplies would be combined, thereby 
lowering the operating costs and rendering the operations formerly 
conducted by Golden Ring more competitive. Academy further states that 
the proposed transaction would have no effect on total fixed charges. 
Academy states that the transaction would have no adverse effect upon 
the majority of Golden Ring's employees, as most of these employees 
would retain their jobs.
    On the basis of the application, the Board finds that the proposed 
acquisition is consistent with the public interest and should be 
tentatively approved and authorized. If any opposing comments are filed 
by March 25, 2013, these findings 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 
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 transaction is approved and authorized, subject to 
the filing of opposing comments.
    2. If opposing comments are timely filed, the findings made in this 
notice will be deemed vacated.
    3. This notice will be effective March 26, 2013, unless opposing 
comments are timely filed by March 25, 2013.
    4. A copy of this notice 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: February 4, 2013.

    By the Board, Chairman Elliott, Vice Chairman Begeman, and 
Commissioner Mulvey.
Raina S. White,
Clearance Clerk.
[FR Doc. 2013-02890 Filed 2-7-13; 8:45 am]
BILLING CODE 4915-01-P