25038 Federal Register / Vol. 65, No. 83 / Friday, April 28, 2000 / Notices

1See Global Passenger Services, L.L.C., et al.—

Control—Gongaware Tours, Inc., et al., STB Docket

No. MC–F–20954 (STB served Sept. 16, 1999,

corrected decision served Sept. 20, 1999); and

Global Passenger Services, L.L.C.—Control—Bortner

Bus Company, et al., STB Docket No. MC–F–20924

(STB served July 17, 1998).

2 Davis is a Pennsylvania corporation holding

federally issued operating authority in MC–233595

to provide charter and special operations between

points in the United States. It conducts limited

charter and tour services which are incidental to its

school transportation operation based in

Pennsylvania, and which extend only to points in

immediately adjacent States.

3 VIP is a Delaware corporation holding federally

issued operating authority in MC–277612 to

provide charter and special operations and contract

carrier services between points in the United States.

The actual operations of VIP and its predecessor

company involve primarily vacation charters and

organized tours beginning and ending in southern

California and extending to points in California and

immediately adjacent States.

4CAC is a Delaware corporation holding federally

issued operating authority in MC–330527 to

provide charter and special operations between

points in the United States. The operations of CAC

and its predecessor company historically have

resembled those of VIP.

1Petitioner’s initial filing on March 24, 2000,

lacked necessary zip code and station information.

A complete petition was not obtained until April

24, 2000. Accordingly, we have treated that date as

the actual filing date and the dates for issuance of

a final decision and for the filing of any offers of

financial assistance in this matter have been

extended, respectively to August 12 and August 22,

2000.

ACTION: Notice tentatively approving

finance transaction.

SUMMARY: Global Passenger Services,

L.L.C. (Global), Student Transportation

of America, Inc. (STA), and Travelways,

Inc. (Travelways) (collectively,

applicants), noncarriers, filed an

application under 49 U.S.C. 14303 for

Global to acquire indirect control and

STA to acquire direct control of one

motor passenger carrier, Davis Bus

Lines, Inc. (Davis), and for Global to

acquire indirect control and Travelways

to acquire direct control of two motor

passenger carriers, VIP Tours & Charters

Sightseeing Corporation (VIP) and

Coach America Corporation (CAC).

Persons wishing to oppose the

application must follow the rules at 49

CFR 1182.5 and 1182.8. The Board has

tentatively approved the transaction,

and, if no opposing comments are

timely filed, this notice will be the final

Board action.

DATES: Comments must be filed by June

12, 2000. Applicants may file a reply by

June 27, 2000. If no comments are filed

by June 12, 2000, this notice is effective

on that date.

ADDRESSES: Send an original and 10

copies of any comments referring to STB

Docket No. MC–F–20966 to: Surface

Transportation Board, Office of the

Secretary, Case Control Unit, 1925 K

Street, N.W., Washington, DC 20423–

0001. In addition, send one copy of

comments to applicants’ representative:

Mark J. Andrews, Barnes & Thornburg,

1401 Eye Street, N.W., Suite 500,

Washington, DC 20005.

FOR FURTHER INFORMATION CONTACT:

Beryl Gordon, (202) 565–1600. [TDD for

the hearing impaired: 1–800–877–8339.]

SUPPLEMENTARY INFORMATION: Global, a

Delaware limited liability company,

indirectly controls 16 motor passenger

carriers and holds majority stock

interest in STA and Travelways.1 The

direct control of the 16 motor passenger

carriers is divided between STA and

Travelways, both Delaware

corporations. STA controls the Global

affiliates that provide primarily school

bus service and Travelways controls the

affiliates that provide primarily leisure

transportation and intercity airport

shuttle services, which is not involved

here. Davis 2 will be added to the STAcontrolled affiliates and VIP 3 and CAC4

will be added to the Travelwayscontrolled affiliates. According to

applicants, the acquisition of control of

these three additional motor passenger

carriers will permit a modest expansion

of Global’s service and client base in

two markets that it already serves—

school bus transportation in

Pennsylvania and leisure transportation

in southern California—without

reducing competition in either market.

Under 49 U.S.C. 14303(b), we must

approve and authorize a transaction we

find 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.

Applicants have submitted the

information 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,

applicants have shown that the

proposed transaction will have a

positive effect on the adequacy of

transportation to the public and will

result in no increase in fixed charges

and no changes in employment. See 49

CFR 1182.2(a)(7). Additional

information, including a copy of the

application, may be obtained from

applicants’ representative.

On the basis of the application, we

find 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 website 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 acquisition of control

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

June 12, 2000, 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—HMCE–20, 400

Virginia Avenue, S.W., Suite 600,

Washington, DC 20024; (2) the U.S.

Department of Justice, Antitrust

Division, 10th Street & Pennsylvania

Avenue, N.W., Washington, DC 20530;

and (3) the U.S. Department of

Transportation, Office of the General

Counsel, 400 7th Street, S.W.,

Washington, DC 20590.

Decided: April 20, 2000.

By the Board, Chairman Morgan, Vice

Chairman Burkes, and Commissioner

Clyburn.

Vernon A. Williams,

Secretary.

[FR Doc. 00–10526 Filed 4–27–00; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB–501 (Sub–No. 3X)]

Central of Tennessee Railway and

Navigation Company, Incorporated—

Discontinuance of Service

Exemption—In Bastrop, Burnet, Lee,

Llano, Travis and Williamson Counties,

TX

On March 24, 2000 1, Central of

Tennessee Railway and Navigation

Company, Incorporated, d.b.a. The

Longhorn Railway Company

(Longhorn), filed with the Surface

Transportation Board (Board) a petition

under 49 U.S.C. 10502 for exemption

from the provisions of 49 U.S.C. 10903

Federal Register / Vol. 65, No. 83 / Friday, April 28, 2000 / Notices 25039

2According to petitioner, disputes between

CMTA and it resulted in: (1) The filing by Longhorn

of a petition for declaratory order alleging and

requesting a finding that CMTA is violating its

common carrier obligation; (2) termination by

CMTA of its operating contract with Longhorn; and

(3) the filing by CMTA on March 13, 2000, of a

notice of intent to seek an adverse discontinuance

of Longhorn’s service. Also according to petitioner,

however, the parties have recently settled their

differences in regard to matters within the

jurisdiction of the Board. In fact, in a decision

served April 3, 2000, in Central of Tennessee

Railway & Navigation Company, Incorporated,

d.b.a. The Longhorn Railway Company—Petition

for Declaratory Order, STB Finance Docket No.

33820, the Board granted Longhorn’s request to

withdraw the declaratory order petition with

prejudice. Moreover, CMTA’s notice of intent to

seek adverse discontinuance of Longhorn’s service

is presumably moot and no application will be filed

in light of petitioner’s filing here. Finally, we note

that in a notice served on April 4, 2000, in TransGlobal Solutions, Inc., d.b.a. Austin Area Terminal

Railroad—Operation Exemption—Capital

Metropolitan Transportation Authority, STB

Finance Docket No. 33860, a new operator has been

authorized to replace Longhorn on the line.

to discontinue service over a rail line

owned by Capital Metropolitan

Transportation Authority (CMTA)

extending between milepost 0.0 west of

Giddings, TX, and milepost 154.07 at

Llano, TX, including the Marble Falls

Branch (6.43 miles), the Scobee Spur

(3.3 miles), and the Burnett Spur (.93

miles), a distance of approximately 162

miles in Bastrop, Burnet, Lee, Llano,

Travis and Williamson Counties, TX.2

The lines traverse U.S. Postal Service

Zip Codes 78605, 78611, 78613, 78639,

78641, 78642, 78643, 78650, 78653,

78654, 78701, 78702, 78705, 78717,

78721, 78722, 78723, 78727, 78728,

78729, 78751, 78753, 78756, 78757,

78758, 78759, and 78959. The line

includes the stations of Giddings, Hills,

Paige, McDade, Butler, Stacks, Elgin,

Manor, Milby, Decker, Smoot, Austin

Depot, Austin Junction, Buttercrust,

Abercrombie, Fromme, McNeil,

Rutledge, Whitestone, Leander, Liberty

Hill, Bertram, Summit, Burnet, Gandy,

DeMarco, Sudduth, Fairland, Scobee,

Kingsland.

The line does not contain federally

granted rights-of-way. Any

documentation in Longhorn’s

possession will be made available

promptly to those requesting it.

Longhorn is proposing to discontinue

all of its regulated rail operations. In

this situation, the Board does not

impose labor protection, except in

specifically enumerated circumstances.

See Northampton and Bath R. Co.—

Abandonment, 354 I.C.C. 784, 785–86

(1978) (Northampton). Therefore, if the

Board grants the petition for exemption,

in the absence of a showing that one or

more of the exceptions articulated in

Northampton is present, no labor

protective conditions would be

imposed.

By issuance of this notice, the Board

is instituting an exemption proceeding

pursuant to 49 U.S.C. 10502(b). A final

decision will be issued by August 12,

2000.

Any offer of financial assistance

(OFA) under 49 CFR 1152.27(b)(2) will

be due no later than 10 days after

service of a decision granting the

petition for exemption. Each OFA must

be accompanied by a $1,000 filing fee.

See 49 CFR 1002.2(f)(25).

This proceeding is exempt from

environmental reporting requirements

under 49 CFR 1105.6(c) and from

historic reporting requirements under

1105.8(b).

All filings in response to this notice

must refer to STB Docket No. AB–501

(Sub-No. 3X) and must be sent to: (1)

Surface Transportation Board, Office of

the Secretary, Case Control Unit, 1925 K

Street, NW, Washington, DC 20423–

0001; and (2) Thomas F. McFarland, Jr.,

McFarland and Herman, 20 North

Wacker Dr., Suite 1330, Chicago, IL

60602–2902.

Persons seeking further information

concerning abandonment and

discontinuance procedures may contact

the Board’s Office of Public Services at

(202) 565–1592 or refer to the full

abandonment or discontinuance

regulations at 49 CFR part 1152.

Questions concerning environmental

issues may be directed to the Board’s

Section of Environmental Analysis

(SEA) at (202) 565–1545. [TDD for the

hearing impaired is available at 1–800–

877–8339.]

Board decisions and notices are

available on our website at

‘‘WWW.STB.DOT.GOV.’’

Decided: April 25, 2000.

By the Board, Joseph H. Dettmar, Acting

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 00–10751 Filed 4–27–00; 8:45 am]

BILLING CODE 4915–00–P