44748 Federal Register / Vol. 62, No. 163 / Friday, August 22, 1997 / Notices

1The stock of Gray Line has been placed in an

independent voting trust to avoid any unlawful

control pending disposition of this proceeding.

2See Notre Capital Ventures II, LLC and Coach

USA, Inc.—Control Exemption—Arrow Stage Lines,

Inc.; Cape Transit Corp.; Community Coach, Inc.;

Community Transit Lines, Inc.; Grosvenor Bus

Lines, Inc.; H.A.M.L. Corp.; Leisure Time Tours;

Suburban Management Corp.; Suburban Trails,

Inc.; and Suburban Transit Corp., STB Finance

Docket No. 32876 (Sub-No. 1) (STB served May 3,

1996); Coach USA, Inc.—Control Exemption—

American Sightseeing Tours, Inc.; California

Charters, Inc.; Texas Bus Lines, Inc.; Gulf Coast

Transportation, Inc.; and K–T Contract Services,

Inc., STB Finance Docket No. 33073 (STB served

Nov. 8, 1996); Coach USA, Inc.—Control

Exemption—Progressive Transportation, Inc.;

Powder River Transportation Services, Inc.;

Worthen Van Service, Inc.; and PCSTC, Inc., STB

Finance Docket No. 33343 (STB served May 15,

1997); and Coach USA, Inc.—Control Exemption—

Airport Bus of Bakersfield; Antelope Valley Bus,

Inc.; Desert Stage Lines, Inc.; Bayou City Coaches,

Inc.; Kerrville Bus Company, Inc.; Red & Tan

Charter, Inc.; Red & Tan Tours; and Rockland

Coaches, Inc., STB Finance Docket No. 33377 (STB

served May 15, 1997).

3They include: Airport Bus of Bakersfield (MC–

163191), American Sightseeing Tours, Inc., d/b/a

ASTI (MC–252353), Antelope Valley Bus, Inc. (MC–

125057), Arrow Stage Lines, Inc. (MC–29592),

Bayou City Coaches, Inc. (MC–245246), California

Charters, Inc. (MC–241211), Cape Transit Corp.

(MC–161678), Community Coach, Inc. (MC–76022),

Community Transit Lines, Inc. (MC–145548), Desert

Stage Lines, Inc. (MC–140919), Grosvenor Bus

Lines, Inc. (MC–157317), Gulf Coast Transportation,

Inc., d/b/a Gray Line Tours of Houston (MC–

201397), H.A.M.L. Corp. (MC–194792), K–T

Contract Services, Inc. (MC–218583), Kerrville Bus

Company, Inc. (MC–27530), Leisure Time Tours

(Leisure Time) (MC–142011), PCSTC, Inc., d/b/a

Pacific Coast Sightseeing/Gray Line of Anaheim-Los

Angeles (MC–184852), Powder River Transportation

Services, Inc. (MC–161531), Progressive

Transportation Services, Inc. (MC–247074), Red &

Tan Charter, Inc. (MC–204842), Red & Tan Tours,

Inc. (MC–162174), Rockland Coaches, Inc. (MC–

29890), Suburban Management Corp. (MC–264527),

Suburban Trails, Inc. (MC–149081), Suburban

Transit Corp. (MC–115116), Texas Bus Lines, Inc.

(MC–37640), and Worthen Van Service, Inc. (MC–

142573).

In Coach USA, Inc.—Control Exemption—

American Charters, Ltd., STB Finance Docket No.

33393, Coach seeks an exemption to acquire control

over American Charters, Ltd. (MC–153814). The

Board served and published a notice in the Federal

Register (62 FR 28531) on May 23, 1997, instituting

an exemption proceeding. Comments were due by

June 23, 1997; none was filed. A final decision is

currently pending with the Board.

In Coach USA, Inc., and Leisure Time Tours—

Control and Merger Exemption—Van Nortwick

Bros., Inc., The Arrow Line, Inc., and TrentwayWagar, Inc., STB Finance Docket No. 33428, Coach

and Leisure Time seek an exemption to acquire

control of Van Nortwick Bros. and merge Van

Nortwick into Leisure Time, which will remain as

the surviving entity. Coach also seeks an exemption

to acquire control of two additional motor

passenger carriers, The Arrow Line, Inc., and

Trentway-Wagar, Inc.

1 Durden, RMCC, and Partners control 12 Class III

rail carriers located in Alabama, Arizona, Arkansas,

Florida, Georgia, Kentucky, North Carolina,

Tennessee, Texas, and Wisconsin. They are:

Atlantic & Western Railway, L.P.; The Bay Line

Railroad, L.L.C.; Copper Basin Railway; East

Tennessee Railway, L.P.; Galveston Railroad, L.P.;

Georgia Central Railway, L.P.; KWT Railway, Inc.;

Little Rock & Western Railway, L.P.; Tomahawk

Railway, L.P.; Valdosta Railway, L.P.; Western

Kentucky Railway, L.L.C.; and Wilmington

Terminal Railroad, L.P. These rail carriers are

referred to as the RMCC Rail Group.

2Concurrent with the filing of the notice of

exemption, applicants filed, pursuant to 49 CFR

1117.1, a petition to file under seal the Agreement

of Merger in this proceeding. By decision served

August 18, 1997, the Board granted applicants’

request.

[FR Doc. 97–22281 Filed 8–21–97; 8:45 am]

BILLING CODE 4910–60–M

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33431]

Coach USA, Inc. and K–T Contract

Services, Inc.—Control and Merger

Exemption—Gray Line Tours of

Southern Nevada

AGENCY: Surface Transportation Board,

DOT.

ACTION: Notice of Filing of Petition for

Exemption.

SUMMARY: Coach USA, Inc. (Coach), a

noncarrier that controls 27 motor

passenger carriers, and K–T Contract

Services, Inc. (K–T), a motor carrier of

passengers wholly owned by Coach,

seek to be exempted, under 49 U.S.C.

13541, from the prior approval

requirements of 49 U.S.C. 14303, to

acquire control of Gray Line Tours of

Southern Nevada (Gray Line) and to

merge Gray Line into K–T.

DATES: Comments must be filed by

October 6, 1997. Petitioners may file a

reply by October 21, 1997.

ADDRESSES: Send an original and 10

copies of comments referring to STB

Finance Docket No. 33431 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 Petitioners’

representatives: Betty Jo Christian and

David H. Coburn, Steptoe & Johnson

LLP, 1330 Connecticut Avenue, NW.,

Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT:

Joseph H. Dettmar, (202) 565–1600.

(TDD for the hearing impaired: (202)

565–1695.)

SUPPLEMENTARY INFORMATION: Coach, a

noncarrier, and its wholly owned

subsidiary K–T, a motor carrier of

passengers (MC 218583), seek an

exemption to acquire control of Gray

Line (MC–127564), a Nevada-based

motor carrier that operates in interstate

and intrastate commerce, and to merge

Gray Line into K–T.1

By virtue of exemptions issued to it in

STB Finance Docket Nos. 32876 (SubNo. 1), 33073, 33343, and 33377,2 Coach

currently controls 27 motor carriers of

passengers, including co-petitioner K–

T.3 Coach and K–T state that their

acquisition of control of Gray Line

through the acquisition of Gray Line’s

stock by K–T will not inhibit

competition or reduce transportation

options available to the public.

Petitioners also claim that the

acquisition of control of Gray Line will

allow that carrier to offer improved

service at lower costs made possible by

the coordination of functions,

centralized management, financial

support, rationalization of resources,

and economies of scale that are

anticipated from the common control.

Coach also states that all collective

bargaining agreements will be honored,

that employee benefits will improve,

and that no change in management

personnel is planned. Coach and K–T

submit that a merger of K–T and Gray

Line would result in the more efficient

use of transportation resources and

improved service to the public.

Additional information may be

obtained from Petitioners’

representatives.

A copy of this notice will be served

on the Department of Justice, Antitrust

Division, 10th Street & Pennsylvania

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

Decided: August 18, 1997.

By the Board, Chairman Morgan, Vice

Chairman Owen.

Vernon A. Williams,

Secretary.

[FR Doc. 97–22473 Filed 8–21–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33435]

K. Earl Durden, Rail Management &

Consulting Corporation, and Rail

Partners, L.P.; Acquisition of Control

Exemption; Pennington Railroad, Inc

K. Earl Durden (Durden), Rail

Management & Consulting Corporation

(RMCC), and Rail Partners, L.P.

(Partners) 1 (collectively, applicants),

have filed a notice of exemption 2 to

acquire control of Pennington Railroad,

Inc. (Pennington), a noncarrier.

According to applicants, before the

closing of the transaction, Pennington’s

parent company, James River Paper

Company, Inc. (JRP) will merge

Pennington into the Meridian & Bigbee

Railroad Company (Meridian), a Class

III rail carrier that is also owned and
Federal Register / Vol. 62, No. 163 / Friday, August 22, 1997 / Notices 44749

3According to applicants, the corporate merger of

Meridian into Pennington, followed by the

corporate merger of Pennington into MBRR, will

result in MBRR’s complete assumption of

Meridian’s railroad operations and corporate

obligations. Applicants also state that MBRR, as the

corporate successor of Meridian, will conduct

Meridian’s railroad operations without material

change.

4Applicants note, however, that MBRR is

inheriting, and affirmatively assuming, all of

Meridian’s collective bargaining agreements with

the labor organizations that represent its employees,

and MBRR will continue the employment of all of

Meridian’s employees covered by such collective

bargaining agreements.

controlled by JRP. Upon consummation

of the transaction, Pennington will

remain as the surviving corporation and

Pennington will therefore become a

Class III rail carrier. Pennington will

then merge into M&B Railroad, L.L.C.

(MBRR), a noncarrier entity wholly

owned and controlled by applicants,3

and applicants will thereby assume

control of Pennington. Applicants state

that the transaction was expected to be

consummated on or about July 31, 1997.

Applicants state that: (1) The merged

MBRR will not connect with any other

railroad in the RMCC Rail Group; (2)

MBRR’s merger with Pennington is not

part of a series of anticipated

transactions that would connect the

railroads of the RMCC Rail Group with

each other; and (3) the transaction does

not involve a Class I carrier. The

transaction therefore is exempt from the

prior approval requirements of 49 U.S.C.

11323. See 49 CFR 1180.2(d)(2). The

purpose of the transaction is to transfer

ownership of, and responsibility for,

Pennington from JRP to applicants,

thereby enabling JRP to concentrate on

its core business operations, without

distractions related to its single railroad

operation, while allowing applicants to

expand their railroad operations into a

new part of the country. MBRR will

continue to handle freight for customers

Meridian previously served, without

material changes in the level or quality

of transportation service provided.

Under 49 U.S.C. 10502 (g), the Board

may not use its exemption authority to

relieve a rail carrier of its statutory

obligation to protect the interests of its

employees. Section 11326 (c), however,

does not provide for labor protection for

transactions under sections 11324–25

that involve only Class III rail carriers.

Because this transaction involves Class

III rail carriers only, the Board, under

statute, may not impose labor protective

conditions for this transaction.4

If the verified notice contains false or

misleading information, the exemption

is void ab initio. Petitions to reopen the

proceeding to revoke the exemption

under 49 U.S.C. 10502(d) may be filed

at any time. The filing of a petition to

reopen will not stay the transaction. An

original and 10 copies of all pleadings,

referring to STB Finance Docket No.

33435, must be filed with the Surface

Transportation Board, Office of the

Secretary, Case Control Unit, 1925 K

Street, N.W., Washington, DC 20423–

0001. In addition, a copy of each

pleading must be served on: Donald G.

Avery, Slover & Loftus, 1224

Seventeenth Street, N.W., Washington,

DC 20036.

Decided: August 18, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–22329 Filed 8–21–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB–55 (Sub–No. 521X)]

CSX Transportation, Inc.;

Abandonment Exemption; in Fulton

County, GA

On August 4, 1997, CSX

Transportation, Inc. (CSXT), 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 to abandon a portion of its

line of railroad known as the Atlanta

Terminal Subdivision, extending from

railroad milepost ANB–864.04 near

Wheeler St. to railroad milepost ANB–

864.62 at the end of the track at

Simpson St., which traverses U.S. Postal

Service zip Code 30318, a distance of

0.58 miles, in Fulton County, Ga. CSXT

has indicated that there are no stations

on the line.

The line does not contain federally

granted rights-of-way. Any

documentation in CSXT’s possession

will be made available promptly to

those requesting it.

The interest of railroad employees

will be protected by the conditions set

forth in Oregon Short Line R. Co.—

Abandonment—Goshen, 360 I.C.C. 91

(1979).

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 November 21,

1997.

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 $900 filing fee. See

49 CFR 1002.2(f)(25).

All interested persons should be

aware that following abandonment of

rail service and salvage of the line, the

line may be suitable for other public

use, including interim trail use. Any

request for a public use condition under

49 CFR 1152.28 or for trail use/rail

banking under 49 CFR 1152.29 will be

due no later than September 11, 1997.

Each trail use request must be

accompanied by a $150 filing fee. See 49

CFR 1002.2(f)(27).

All filings in response to this notice

must refer to STB Docket No. AB–55

(Sub-No. 521X) and must be sent to: (1)

Surface Transportation Board, Office of

the Secretary, Case Control Unit, 1925 K

Street, N.W., Washington, DC 20423–

0001; and (2) Charles M. Rosenberger,

500 Water Street, Jacksonville, FL

32202.

Persons seeking further information

concerning abandonment 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 (202)

565–1695.)

An environmental assessment (EA) (or

environmental impact statement (EIS), if

necessary) prepared by SEA will be

served upon all parties of record and

upon any agencies or other persons who

commented during its preparation.

Other interested persons may contact

SEA to obtain a copy of the EA (or EIS).

EAs in these abandonment proceedings

normally will be made available within

60 days of the filing of the petition. The

deadline for submission of comments on

the EA will generally be within 30 days

of its service.

Decided: August 18, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–22330 Filed 8–21–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service

Proposed Collection; Comment

Request For Form 9117

AGENCY: Internal Revenue Service (IRS),

Treasury.

ACTION: Notice and request for

comments.