[Federal Register Volume 69, Number 222 (Thursday, November 18, 2004)]
[Notices]
[Page 67624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25611]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. MC-F-21011]


CUSA FL, LLC d/b/a Franciscan Lines--Acquisition of Assets and 
Business Operations--Pacific Coast Bus Service, Inc.

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice tentatively approving finance transaction.

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SUMMARY: CUSA FL, LLC d/b/a Franciscan Lines (CUSA FL or applicant), a 
motor passenger carrier controlled by CUSA, LLC (CUSA), has filed an 
application under 49 U.S.C. 14303 to acquire control and operate 
certain assets of Pacific Coast Bus Service, Inc. (Pacific Coast or 
seller), a motor passenger carrier. The transaction was approved on an 
interim basis under 49 U.S.C. 14303(i), and the Board is now 
tentatively granting permanent approval. Persons wishing to oppose this 
application must follow the rules at 49 CFR 1182.5 and 1182.8. If no 
opposing comments are timely filed, this notice will be the final Board 
action.

DATES: Comments must be filed by January 3, 2005. Applicant may file a 
reply by January 18, 2005. If no comments are filed by January 3, 2005, 
this notice is effective on that date.

ADDRESSES: Send an original and 10 copies of any comments referring to 
STB Docket No. MC-F-21011 to: Surface Transportation Board, 1925 K 
Street, NW., Washington, DC 20423-0001. In addition, send one copy of 
any comments to applicant's representative: Stephen Flott, Flott & Co. 
PC, PO Box 17655, Arlington, VA 22216-7655.

FOR FURTHER INFORMATION CONTACT: Eric S. Davis, (202) 565-1608. 
[Federal Information Relay Service (FIRS) for the hearing impaired: 1-
800-877-8339.]

SUPPLEMENTARY INFORMATION: CUSA, CUSA FL's parent company, controls 
over 20 Federal Motor Carrier Safety Administration (FMCSA) registered 
motor passenger carriers, and, in turn, is wholly owned by KBUS 
Holdings, LLC (KBUS), a noncarrier. KBUS acquired control of over 30 
motor passenger carriers formerly owned by Coach USA, Inc., and then 
consolidated those entities into the motor passenger carriers now 
controlled by CUSA.\1\ These carriers operate more than 1,000 coaches 
and 600 other revenue vehicles in 35 states. Annual revenues for the 
companies controlled by CUSA for 2004 are forecast to be $220 million.
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    \1\ See KBUS Holdings, LLC--Acquisition of Assets and Business 
Operations--All West Coachlines, Inc., et al., STB Docket No. MC-F-
21000 (STB served July 23, 2003).
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    Applicant has entered into an agreement with Pacific Coast to buy 
Pacific Coast's assets, including vehicles, and its business 
operations. CUSA FL holds motor common carrier passenger authority for 
charter and special operations and for regular route operations and 
contract carrier authority under MC-463273. Once this transaction is 
consummated, the Federal operating authority currently held by seller 
will be surrendered.
    Under 49 U.S.C. 14303(b), the Board must approve and authorize a 
transaction found to be consistent with the public interest, taking 
into consideration at least: (1) The effect of the transaction on the 
adequacy of transportation to the public; (2) the total fixed charges 
that result; and (3) the interest of affected carrier employees.
    Applicant has submitted information, as required by 49 CFR 1182.2, 
including information to demonstrate that the proposed transaction is 
consistent with the public interest under 49 U.S.C. 14303(b). 
Specifically, applicant states that service to the public will be 
enhanced in that applicant will employ the acquired assets and 
personnel of seller to expand its service, and that the proposed 
transaction will ensure that there is no cessation in seller's 
operations. Also, CUSA FL states that the proposed transaction will 
have no effect on fixed charges or employees. Applicant states that all 
qualified Pacific Coast employees who desire employment will be offered 
employment with CUSA FL. CUSA FL asserts that the proposed transaction 
will allow CUSA to extend its advantages of volume purchasing power in 
areas such as equipment and fuel to this new acquisition. Additional 
information, including a copy of the application, may be obtained from 
applicant's representative.
    On the basis of the application, the Board finds that the proposed 
transaction is consistent with the public interest and should be 
authorized. If any opposing comments are timely filed, this finding 
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 
decision will take effect automatically and will be the final Board 
action.
    Board decisions and notices are available on our Web site at http://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 finance transaction is approved and authorized, 
subject to the filing of opposing comments.
    2. If timely opposing comments are filed, the findings made in this 
decision will be deemed vacated.
    3. This decision will be effective on January 3, 2005, unless 
timely opposing comments are filed.
    4. A copy of this notice will be served on: (1) The U.S. Department 
of Transportation, Federal Motor Carrier Safety Administration, 400 7th 
Street, SW., Room 8214, 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, 400 7th Street, SW., Washington, DC 
20590.

    Decided: November 12, 2004.

    By the Board, Chairman Nober, Vice Chairman Mulvey, and 
Commissioner Buttrey.
Vernon A. Williams,
Secretary.
[FR Doc. 04-25611 Filed 11-17-04; 8:45 am]
BILLING CODE 4915-01-P