[Federal Register Volume 65, Number 127 (Friday, June 30, 2000)]
[Notices]
[Page 40725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16647]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. MC-F-20968]


National Express Group plc, et al.--Control Exemption--School 
Services and Leasing, Inc., et al.

AGENCY: Surface Transportation Board.

ACTION: Notice of filing of petition for exemption.

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SUMMARY: National Express Group plc (NEG) and National Express 
Corporation (NEC), noncarriers, seek an exemption under 49 U.S.C. 13541 
from the prior approval requirements of 49 U.S.C. 14303(a)(5) to 
acquire control of five motor passenger carriers. Expedited action has 
been requested.

DATES: Comments must be filed by July 17, 2000. Petitioners may file a 
reply by July 20, 2000.

ADDRESSES: Send an original and 10 copies of any comments referring to 
STB Docket No. MC-F-20968 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 petitioner's 
representative: Frank M. Putman, Gardere Wynne Sewell & Riggs, L.L.P., 
1000 Louisiana, Suite 3400, Houston, TX 77002.

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

SUPPLEMENTARY INFORMATION: NEG, an English corporation, and NEC, a 
Delaware corporation controlled by NEG (collectively petitioners),\1\ 
request an exemption under 49 U.S.C. 13541 from the prior approval 
requirements of 49 U.S.C. 14303(a)(5) to acquire control of the 
following five motor passenger carriers (collectively carriers): School 
Services and Leasing, Inc.; \2\ School Services and Leasing of 
Massachusetts, Inc.; \3\ Student Bus Services, Inc.; \4\ Helweg and 
Farmer Transportation Company, Inc.; \5\ and Swope Farm & Livestock 
Company, Inc.\6\
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    \1\ Petitioners' existing subsidiaries include: ATC Vancom, 
Inc., Kenneth E. Bauman Bus, Inc., Durham Transportation, Inc., 
Crabtree-Harmon Corporation, Forsythe & Associates, Inc., 
Multisystems, Inc., and Robinson Bus Service, Inc. All of these 
subsidiaries provide non-regulated transportation services, although 
Robinson Bus Service, Inc., holds motor carrier authority in Docket 
No. MC-2844 (Sub-No. 7). NEG conducts a portion of its operations in 
North America through its wholly owned subsidiary, Nexus Investment 
General Partnership (NIGP), a Nevada general partnership, in which 
the only partners are two United Kingdom companies, both of which 
are wholly owned by NEG.
    \2\ School Services and Leasing, Inc. (School Services of 
Kansas), is a Kansas corporation. It holds federally issued 
operating authority in Docket No. MC-250907, which authorizes it to 
carry passengers for hire in interstate commerce, but it primarily 
provides non-regulated school transportation services.
    \3\ School Services and Leasing of Massachusetts, Inc. (School 
Services of Massachusetts), is a Massachusetts corporation and is a 
wholly owned subsidiary of School Services of Kansas. It is 
primarily a provider of non-regulated school transportation 
services.
    \4\ Student Bus Services, Inc. (Student Bus Services), is a 
Connecticut corporation and is a wholly owned subsidiary of School 
Services of Kansas. It is primarily a provider of non-regulated 
school transportation services.
    \5\ Helweg and Farmer Transportation Company, Inc. (Helweg), is 
a New Mexico corporation. It holds federally issued operating 
authority in Docket No. MC-337007 and has applied to the Federal 
Motor Carrier Safety Administration for authority to operate as a 
motor passenger contract carrier, but it is primarily a provider of 
non-regulated school transportation services.
    \6\ Swope Farm & Livestock Company, Inc. (Swope), is a New 
Mexico corporation and is a wholly owned subsidiary of Helweg. It 
holds federally issued operating authority in Docket No. MC-128026, 
but it is primarily a provider of non-regulated school 
transportation services.
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    Petitioners will acquire control of the carriers through the 
acquisition by NEC of all of the issued and outstanding capital stock 
of School Services of Kansas and Helweg. Indirect control of the other 
three carriers, School Services of Massachusetts, Student Bus Services, 
and Swope, will result from the acquisition of the stock of their 
parent corporations.\7\ The transaction will be accomplished pursuant 
to a Share Purchase and Sale Agreement dated May 26, 2000, by and 
between NEC and Graydon J. Kincaid, Jr., the registered and beneficial 
owner of all of the issued and outstanding shares of capital stock of 
School Services of Kansas and Helweg. Upon completion of the acquistion 
of the stock, NEC will operate the carriers.
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    \7\ The appropriate filing has been made under the Hart-Scott-
Rodino Antitrust Improvements Act of 1976, 15 U.S.C. 18a, with 
respect to that portion of the transaction that involves NEG's 
control of non-federally regulated entities.
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    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.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: June 23, 2000.

    By the Board, Chairman Morgan, Vice Chairman Burkes, and 
Commissioner Burkes, and Commissioner Clyburn.
Vernon A. Williams,
Secretary.
[FR Doc. 00-16647 Filed 6-29-00; 8:45 am]
BILLING CODE 4915-00-P