To Whom It May Concern:\
\
In reference to 49 CFR 604.26 Complaint for removal of J & J Tours and
Charters of P. O. Box 3138, Crosby, TX 77532, from the list of
registered private charter operators, we respectfully request that you
deny this removal request.  The removal request does not meet the
guidelines set forth in Part III of the Department of
Transportation/Federal Transit Administration 49 CFR Part 604 Charter
Service/Final Rule \-- Sec. 604.26 (d).  J & J Tours and Charters
has neither negotiated in bad faith, committed fraud, had a lapse in
insurance coverage or had a lapse in any other documentation.  The one
complaint that has been filed against J & J Tours and Charters is full
of inaccuracies and false statements. \
\
On June 18, 2008, J & J Tours and Charters did indeed submit a response
to provide service to Capital Metro for the Austin City Limits event. 
We also made numerous attempts to contact the event providers\'
representative (Carey\-- Mark Sweetland).  We left messages for Mark
Sweetland.  I finally spoke to him and one of his assistants (via
cellphone from my other job) on or about July 12th, I told him that I
could not provide all of the buses needed.  However, I told him that I
would be interested in providing between 4-6 buses for the event.  The
fact that we were still interested in doing the work seemed to anger
him.  His tone for the remainder of the conversation changed.  He said
that he had used our company before and that one of the buses had a
problem and that he really did not want to use us again.  He wanted to
know that if they used our company again could I assure him that we
would not have any problems.  I responded to him that I did not remember
working for him before.  I also stated that there was not way that I
could predict the future, but I would make sure that we checked all
buses thoroughly before they left for Austin. \
\
He then asked me how many days and what time frame would we be
interested in working.  I told him because we were coming from the
Houston/Crosby, TX area, we would be interested in the routes that would
require the most hours/day.  We then discussed pricing.  The entire
conversation lasted approximately 45-50 minutes.  He (Mark) informed me
that I would be hearing from them soon.  That was the last contact I had
with him.  The fact that Mr. Sweetland does not remember our
conversation is appalling.\
\
These accusations appear to reek of some predetermined agreement between
Capital Metro and Carey, just another \"back room agreement\" that
continues to plague our industry.   It seems to also be another avenue
by a transit organization to undermine the new Transit/Charter
guidelines and regulations.  \
\
We at J & J Tours and Charters respectfully request that you see though
the smoke and mirrors and deny this request for removal.  After seeing
the integrity of individuals that we would have to deal with at Capital
Metro and Carey, we would also like to remove our company from
consideration for participation in the Austin City Limit event.\
\
Respectfully submitted,\
\
Daryl G. Johnson\
Vice-president, J & J Tours and Charters\
Board Member, United Motorcoach Association

J&J Tours and Charters\
12029 Crosby-Lynchburg (Physical Address)\
Crosby, TX 77532\
(281) 328-6036 (Office) / (281) 328-1537 (Fax)\
Office Hours: Monday - Friday (9:00am - 5:00pm)\
Website: [www.jjcharters.com](http://www.jjcharters.com/)\
E-mail: <jjcharters@aol.com>