[Federal Register Volume 64, Number 127 (Friday, July 2, 1999)]
[Notices]
[Pages 36066-36067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16896]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. MC-F-20947]
Francis Tedesco, Mark Tedesco, Frank Tedesco Trust, Francis
Tedesco Trust and Mark Tedesco Trust--Acquisition--Red Apple Transit,
Inc., Hoboken Transportation Company, Inc., Willow Bus Line, Inc., and
Agresta Bus Company, Inc.
AGENCY: Surface Transportation Board.
ACTION: Notice tentatively approving finance application.
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SUMMARY: Applicants, Francis Tedesco, Mark Tedesco, Frank Tedesco
Trust, Francis Tedesco Trust and Mark Tedesco Trust, noncarrier
individuals who control several motor passenger carriers and a
noncarrier, No. 22 Hillside Corp. (No. 22 Hillside), seek approval
under 49 U.S.C. 14303 to acquire, through No. 22 Hillside, certain
properties and the operating authorities of the following motor
passenger carriers: Red Apple Transit, Inc. (Red Apple), Hoboken
Transportation Company, Inc. (Hoboken), Willow Bus Line, Inc. (Willow),
and Agresta Bus Company, Inc., d/b/a Red Apple Transit, Inc. (Agresta)
(collectively referred to as the acquired carriers). Persons wishing to
oppose the application must follow the rules at 49 CFR 1182. 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 August 16, 1999. Applicants may file a
reply by August 31, 1999. If no comments are filed by August 16, 1999,
this notice is effective on that date.
ADDRESSES: Send an original and 10 copies of any comments referring to
STB Docket No. MC-F-20947 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, Suite 750 West, 1100 New York Avenue,
NW, Washington, DC 20005-3934.
FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 565-1600. [TDD for
the hearing impaired: (202) 565-1695.]
SUPPLEMENTARY INFORMATION: Applicants directly control Academy Bus
Tours, Inc. (Academy Bus),1 Academy Express, Inc. (Academy
Express),2 Academy Lines, Inc. (Academy Lines) 3
(the Academy companies), Asbury Park Transit Lines
(Asbury),4 Commuter Bus Line, Inc. (Commuter),5
and No. 22 Hillside. Under the proposed transaction, applicants will
indirectly acquire, through No. 22 Hillside, certain properties and the
interstate and New Jersey intrastate operating authorities of Red
Apple,6 Hoboken,7 and Willow,8 and the
New Jersey intrastate operating authority of Agresta.9
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\1\ Academy Bus holds federally issued operating authority in
Docket No. MC-165004 to provide passenger service and other regular-
route operations principally between New York City and various
points in New Jersey, Pennsylvania, and New York, and to conduct
nationwide special and charter operations.
\2\ Academy Express holds federally issued operating authority
in Docket No. MC-145482 to provide passenger service between New
York City and various points in New Jersey and to conduct nationwide
special and charter operations.
\3\ Academy Lines holds federally issued operating authority in
Docket No. MC-106207 to provide passenger service and other regular-
route operations principally between New York City and various
points in New Jersey and Pennsylvania and to conduct nationwide
special and charter operations.
\4\ Asbury holds federally issued operating authority in Docket
No. MC-1002 to provide passenger service between New York City and
various points in New Jersey and to conduct nationwide special and
charter operations.
\5\ Commuter holds federally issued operating authority in
Docket No. MC-162133 to provide passenger service between New York
City and various points in New Jersey and to conduct nationwide
special and charter operations.
\6\ Red Apple holds federally issued operating authority in
Docket No. MC-182453 to provide passenger service between New York
City and various points in New Jersey.
\7\ Hoboken holds federally issued operating authority in Docket
No. MC-54000 to provide passenger service between New York City and
various points in New Jersey.
\8\ Willow holds federally issued operating authority in Docket
No. MC-240453 to provide passenger service between New York City and
various points in New Jersey.
\9\ Agresta holds intrastate operating authority to provide
passenger service in New Jersey.
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Applicants state that the aggregate gross operating revenues of the
motor passenger carriers that they control exceeded $2 million in
calendar year 1998. Applicants also state that No. 22 Hillside will
continue to provide the same operations that were provided by the
acquired carriers; that applicants will incur no debt in their
acquisition so there will be no increase in fixed charges; and that the
employees of the acquired carriers will be offered the opportunity to
apply for positions with the motor passenger carriers controlled by
applicants.
Applicants submit that the proposed transaction will benefit the
traveling public. According to applicants, the frequency of schedules
will be increased, giving the public a greater choice of buses, and the
schedules will be coordinated with those of the other Academy
companies, reducing the need for transfers and making passenger service
more convenient. Applicants also submit that their motor passenger
carriers have regularly scheduled safety training programs and employ a
full-time safety director to supervise their operations. They operate
fleets of approximately 600 buses, cooperate to make volume purchases
of fuel, tires and other supplies, and operate two large garages in
Secaucus and Hoboken, NJ, where their buses routinely are inspected,
repaired and maintained. In addition, applicants have access to
[[Page 36067]]
financial resources and profess to possess management skills that will
permit the operations by the acquired carriers to grow.
Applicants certify that: (1) the motor passenger carriers
controlled by the applicants and Red Apple, Hoboken, and Willow hold
satisfactory safety ratings from the U.S. Department of Transportation;
(2) the carriers have the requisite liability insurance; (3) no carrier
is domiciled in Mexico or owned or controlled by persons of that
country; and (4) 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 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.
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.10 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.
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\10\ Under 49 CFR 1182.6(c), a procedural schedule will not be
issued if we are able to dispose of opposition to the application on
the basis of comments and the reply.
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Board decisions and notices are available on our website at
``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:
1. The proposed acquisition 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 to be vacated.
3. This decision will be effective on August 16, 1999, unless
timely opposing comments are filed.
4. A copy of this notice will be served on: (1) the U.S. Department
of Justice, Antitrust Division, 10th Street & Pennsylvania Avenue, NW,
Washington, DC 20530; and (2) the U.S. Department of Transportation,
Office of Motor Carriers-HIA 30, 400 Virginia Avenue, SW, Suite 600,
Washington, DC 20024.
Decided: June 28, 1999.
By the Board.
Vernon A. Williams,
Secretary.
[FR Doc. 99-16896 Filed 7-1-99; 8:45 am]
BILLING CODE 4915-00-P
