[Federal Register Volume 62, Number 100 (Friday, May 23, 1997)]
[Notices]
[Pages 28532-28533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13633]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB No. MC-F-20909]
East West Resort Express, LLC--Control--Resort Express, Inc.
AGENCY: Surface Transportation Board.
ACTION: Notice tentatively approving finance application.
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SUMMARY: East West Resort Express, LLC (East West), a noncarrier in
control of Colorado Mountain Express (CME), and Resort Express, Inc.
(REI) jointly seek approval under 49 U.S.C. 14303(a)(5) for East West
to acquire control, through purchase, of the assets and properties of
REI, together with certain leases of motor vehicle equipment, and to
assume certain liabilities of REI. In addition, Harry H. Frampton, III,
John C. Goff, Gerald W. Haddock, and Charles I. Madison (collectively,
the Control Persons) have joined in the application for approval under
49 U.S.C. 14303(a)(5) as persons in control, either through ownership,
management, or the right to control management, of both REI and CME.
Persons wishing to oppose the transaction must follow the rules at 49
CFR 1182, subpart B. The Board has tentatively approved the
transaction, and, if no opposing comments are timely filed, this notice
will be the final Board action. If opposing comments are timely filed,
this tentative grant of authority will be deemed vacated, and the Board
will consider the comments and any replies and will issue a further
decision on the application.
DATES: Unless opposing comments are filed, this notice will be
effective July 7, 1997. Comments are due by July 7, 1997 and, if any
are filed, applicants may reply by July 22, 1997.
ADDRESSES: Send an original and 10 copies of comments referring to STB
No. MC-F-20909 to: Surface Transportation Board, Office of the
Secretary, Case Control Unit, Room 713, 1925 K Street, N.W.,
Washington, DC 20423-0001. Also, send one copy of comments to
applicants' representatives: Thomas J. Burke, Jr., 1625 Broadway, Suite
1600, Denver, CO 80202; and Lee E. Lucero, 651 Chambers Road, Suite
203, Aurora, CO 80011-7127.
FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 565-1600. [TDD for
the hearing impaired: (202) 565-1695.]
SUPPLEMENTARY INFORMATION: Approval of the transaction is required
under 49 U.S.C. 14303(a)(5) because East West controls CME, a motor
common carrier, through its relationship to the Control Persons and its
affiliations with following entities: East West Resorts Transportation,
LLC, East West Resorts Transportation II, LLC, HF Holding Corp.,
Crescent Development Management Corp., and East West Resorts Management
II, LLC.
REI (MC-181367), a motor common carrier of passengers, holds
regular route interstate and intrastate operating rights authorizing
operations between: (1) Denver International Airport at or near Denver,
CO, and Breckenridge, CO, and various Colorado ski resorts; (2) Copper
Mountain ski resort and Avon, CO; and (3) Cheyenne, WY, and
Albuquerque,
[[Page 28533]]
NM, and Denver, CO; (4) Walsenburg, CO, and Santa Fe, NM; and (5)
Raton, NM, and Taos, NM.
CME (MC-169174), 1 a motor common carrier of passengers,
holds interstate and intrastate operating rights authorizing: (a)
charter and special operations within CO; and (b) regular route service
between Denver and Grand Junction and Aspen, CO.
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\1\ CME holds certificates of public convenience and necessity
issued to CME's predecessor, Colorado Mountain Express Investors
Inc., formerly known as Colorado Mountain Express, Inc., in Docket
No. MC-169174 and subnumbers thereunder. In Airport Shuttle
Colorado, Inc.-Control-Aspen Limousine Service, Inc., d/b/a Vans To
Vail, Inc., Docket No. MC-F-20786 (ICC served Dec. 19, 1995), CME
acquired certificates issued to Airport Shuttle Colorado, Inc., in
Docket No. MC-174332 and subnumbers thereunder. In Colorado Mountain
Express, Inc., and Airport Shuttle Colorado, Inc., d/b/a Aspen
Limousine Service, Inc.--Consolidation and Merger--Colorado Mountain
Express, STB No. MC-F-20902 (STB served Nov. 27, 1996), CME's
predecessor, Colorado Mountain Express Investors, Inc., was
authorized to be merged into CME.
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Applicants state that the aggregate gross operating revenues
conducted by REI and CME, for the 12-month period that ended on
December 31, 1996, exceeded $2 million. They assert that the proposed
transaction will not affect competition in the involved market because
REI and CME do not compete materially in the same territory. They state
that the availability of needed capital and management expertise from
East West will improve REI's ability to meet the needs of the traveling
public in the area. Additionally, applicants state that the
transaction's total fixed charges are approximately $4.9 million, and
East West anticipates offering employment to all of REI's employees.
REI holds a satisfactory safety rating from the U.S. Department of
Transportation. Applicants certify that: (1) they have sufficient
insurance to cover the services they intend to offer; (2) no party to
the transaction is either domiciled in Mexico or owned or controlled by
persons of that country; and (3) approval of the transaction will not
significantly affect either the quality of the human environment or the
conservation of energy resources.
Under 49 U.S.C. 14303(b), we must approve and authorize a
transaction that we find consistent with the public interest, taking
into consideration at least: (1) the effect of the proposed transaction
on the adequacy of transportation to the public; (2) the total fixed
charges that result from the proposed transaction; and (3) the interest
of carrier employees affected by the proposed transaction. We find,
based on the application, that the proposed transaction is consistent
with the public interest and should be authorized.
This action 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. This notice will be effective on July 7, 1997, but will be
deemed vacated if opposing comments are filed on or before that date.
3. A copy of this notice will be served on: (1) the U.S. Department
of Transportation, Office of Motor Carriers-HIA 30, 400 Virginia
Avenue, SW, Suite 600, Washington, DC 20024; and (2) the Department of
Justice, Antitrust Division, 10th Street & Pennsylvania Avenue, N.W.,
Washington, DC 20530.
Decided: May 15, 1997.
By the Board, Chairman Morgan and Vice Chairman Owen.
Vernon A. Williams,
Secretary.
[FR Doc. 97-13633 Filed 5-22-97; 8:45 am]
BILLING CODE 4915-00-P
