[Federal Register Volume 65, Number 88 (Friday, May 5, 2000)]
[Notices]
[Pages 26274-26275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11181]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. MC-F-20967]


Laidlaw Inc., et al.--Control and Merger--Penetang-Midland Coach 
Lines Limited, J. I. DeNure (Chatham) Limited, d/b/a Chatham Coach 
Lines, and Chatham Coach Lines, Inc.

AGENCY: Surface Transportation Board.

ACTION: Notice tentatively approving finance application.

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SUMMARY: In an application filed under 49 U.S.C. 14303, Laidlaw Inc. 
(Laidlaw), a noncarrier, seeks to acquire indirect control, through its 
subsidiary, Laidlaw Transit Ltd. (Transit Ltd.), of Penetang-Midland 
Coach Lines Limited (PMCL) and J. I. DeNure (Chatham) Limited, d/b/a 
Chatham Coach Lines (JID), motor passenger carriers, and subsequently 
to merge PMCL and JID into Transit Ltd. Laidlaw also seeks to acquire 
indirect control, through its subsidiary, Laidlaw Transit, Inc. 
(Transit, Inc.), of Chatham Coach Lines, Inc. (CCL), a motor passenger 
carrier, and subsequently to merge CCL into Transit, Inc. Persons 
wishing to oppose the application must follow the rules under 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 19, 2000. Applicants may file a 
reply by July 5, 2000. If no comments are filed by June 19, 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-20967 to: Surface Transportation Board, Office of 
the Secretary, Case Control Unit, 1925 K Street, NW., Washington, DC 
20423-0001. In addition, send one copy of comments to applicants' 
representative: Fritz R. Kahn, 1920 N Street (8th Floor), NW., 
Washington, DC 20036-1601.

FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 565-1600. [TDD for 
the hearing impaired:1-800-877-8339.]

SUPPLEMENTARY INFORMATION: Applicants submit that, pursuant to an 
agreement, dated June 4, 1998, Transit Ltd. acquired a minority 
shareholder's interest in PMCL on June 23, 1998, and, upon approval by 
the Board of the proposed transaction, Transit Ltd. proposes to acquire 
the remainder of PMCL's issued and outstanding stock as of June 23, 
2000. Applicants also submit that, by agreements dated February 3, 
2000, Transit Ltd. and Transit, Inc. agreed to acquire all of the 
issued and outstanding shares of JID and CCL, respectively, and the 
shares simultaneously were placed in voting trusts by their former 
owners.\1\
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    \1\ PMCL, JID, and CCL operate primarily in Canada, but hold 
federally issued authority in Docket Nos. MC-139953, MC-11143, and 
MC-172751, respectively, authorizing them to provide special and 
charter operations in the United States.
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    Laidlaw currently controls motor passenger carriers, which include 
Transit Ltd. (MC-102189) and Transit, Inc. (MC-161299). These carriers' 
operations in the United States, with the exception of Greyhound Lines, 
Inc. (Greyhound), are largely limited to charter and special 
operations. Greyhound holds federally issued operating authority in 
Docket No. MC-1515 and provides mainly nationwide, scheduled regular-
route operations. Although Greyhound performs some special and charter 
operations, according to applicants, Greyhound does not have the same 
contacts as those established by PMCL, JID, and CCL.\2\ Applicants 
assert that the addition of PMCL, JID, and CCL will contribute 
significantly to the breadth of services that Greyhound and the other 
Laidlaw affiliates are able to provide to the traveling public within 
the United States.
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    \2\ Laidlaw states that PMCL's contacts are with community 
organizations, schools, and other institutions in central Ontario, 
Canada, and JID's and CCL's contacts are in southwestern Ontario.
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    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 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 the quality of the 
human environment or the conservation of energy resources.

It is Ordered:

    1. The proposed control and merger 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 as having been vacated.
    3. This decision will be effective on June 19, 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, SW., Suite 600, Washington, DC 20024; (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: April 27, 2000.


[[Page 26275]]


    By the Board, Chairman Morgan, Vice Chairman Burkes, and 
Commissioner Clyburn.
Vernon A. Williams,
Secretary.
[FR Doc. 00-11181 Filed 5-4-00; 8:45 am]
BILLING CODE 4915-00-U