[Federal Register Volume 74, Number 63 (Friday, April 3, 2009)]
[Notices]
[Pages 15321-15322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7513]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. MC-F-21033]


Holland America Line Inc.--Acquisition--Royal Hyway Tours, Inc.

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice tentatively approving finance transaction.

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SUMMARY: Holland America Line Inc. (Applicant), a noncarrier, has filed 
an application under 49 U.S.C. 14303 to acquire 100% control of the 
stock of Royal Hyway Tours, Inc. (RHT) (MC-143881), a motor passenger 
carrier (MC-182214). Persons wishing to oppose this 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 May 15, 2009. Applicant may file a 
reply by June 1, 2009. If no comments are filed by May 15, 2009, this 
notice is effective on that date.

ADDRESSES: Send an original and 10 copies of any comments referring to 
STB Docket No. MC-F-21033 to: Surface Transportation Board, 395 E 
Street, SW., Washington, DC 20423-0001. In addition, send one copy of 
comments to Applicant's representative: Jeremy Kahn, Esq., Kahn and 
Kahn, 1730 Rhode Island Ave., NW., Suite 810, Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: Julia M. Farr, (202) 245-0359. 
[Federal Information Relay Service (FIRS) for the hearing impaired: 1-
800-877-8339.]

SUPPLEMENTARY INFORMATION: Applicant is a Washington corporation and 
controls five other Federal Motor Carrier Safety Administration 
registered motor passenger carriers: (1) Evergreen Trails, Inc., d/b/a 
Gray Line of Seattle (MC-107638); (2) Westours Motor Coaches, Inc. (MC-
118832); (3) Westmark Hotels of Canada Ltd. (MC-405618); (4) Horizon 
Coach Lines, Ltd. (MC-144339); and (5) Discover Alaska Tours, Inc. 
(DAT) (MC-636105). RHT holds a minority non-controlling interest in 
DAT. Applicant states that the acquisition of control of RHT is part of 
an internal corporate restructuring including Applicant and several 
noncarrier subsidiaries and affiliates. Applicant states that it is 
likely that DAT will be merged into RHT upon completion of the proposed 
transaction, with RHT being the surviving entity. Applicant states that 
the annual aggregate gross revenues of the 5 carriers that it controls 
exceed $2 million.
    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 the information to demonstrate that the proposed transaction 
is consistent with the public interest under 49 U.S.C. 14303(b). 
Applicant states that the proposed transaction will improve the 
adequacy of transportation services available to the public, that the 
proposed transaction will not have an adverse effect on total fixed 
charges, and that the interests of employees of RHT, other than 
possibly a small number of administrative employees, will not be 
adversely impacted. Applicants also state that the charter/tour bus 
segment is competitive, that the transaction will not adversely impact 
competition, and that this agency's prior finding regarding low entry 
barriers in this segment continues to be accurate. Additional 
information, including a copy of the application, may be obtained from 
Applicant's representative. A copy of the application is also available 
on the Board's Web site at http://www.stb.dot.gov.
    On the basis of the application, we find that the proposed 
acquisition 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 notice 
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:

[[Page 15322]]

    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 
notice will be deemed as having been vacated.
    3. This notice will be effective on May 15, 2009, unless timely 
opposing comments are filed.
    5. A copy of this notice will be served on: (1) The U.S. Department 
of Transportation, Federal Motor Carrier Safety Administration, 1200 
New Jersey Avenue, SE., 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, 1200 New Jersey Avenue, SE., Washington, 
DC 20590.

    Decided: March 31, 2009.

    By the Board, Chairman Mulvey, and Vice Chairman Nottingham.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9-7513 Filed 4-2-09; 8:45 am]
BILLING CODE 4915-01-P