[Federal Register Volume 64, Number 249 (Wednesday, December 29, 1999)]
[Notices]
[Pages 73119-73120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33630]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. MC-F-20958]


Academy Lines, Inc.--Merger--Asbury Park Transit Lines, Inc.

AGENCY: Surface Transportation Board.

ACTION: Notice Tentatively Approving Finance Transaction.

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SUMMARY: Academy Lines, Inc. (Academy Lines or applicant), a motor 
carrier of passengers, has filed an application under 49 U.S.C. 14303 
for the acquisition by merger of its affiliate, Asbury Park Transit 
Lines, Inc. (Asbury Park), also a motor carrier of passengers. Persons 
wishing to oppose the application must follow the rules at 49 CFR 
1182.5 and 1182.8. The Board has

[[Page 73120]]

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 February 14, 2000. Applicant may file 
a reply by February 28, 2000. If no comments are filed by February 14, 
2000, the approval is effective on that date.

ADDRESSES: Send an original and 10 copies of any comments referring to 
STB Docket No. MC-F-20958 to: Surface Transportation Board, Office of 
the Secretary, Case Control Unit, 1925 K Street, N.W., Washington, DC 
20423-0001. In addition, send one copy of comments to applicant's 
representative: Fritz R. Kahn, Suite 750 West, 1100 New York Avenue, 
N.W., Washington, DC 20005-3934.

FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 565-1600. [TDD for 
the hearing impaired: (202) 565-1695.]

SUPPLEMENTARY INFORMATION: Academy Lines is authorized to provide local 
commuter bus service and other regular-route operations, principally 
between New York, NY, and various points in New Jersey and 
Pennsylvania, as well as in special or charter operations, pursuant to 
authority granted in Docket No. MC-106207. Asbury Park is authorized to 
provide local commuter bus service and other regular-route operations, 
principally between New York, NY, and various points in New Jersey, as 
well as special or charter operations, pursuant to authority granted in 
Docket No. MC-1002.
    Academy Lines and Asbury Park are currently controlled by the Frank 
Tedesco Trust, Francis Tedesco and Mark Tedesco, settlers (Tedesco 
Trust). Applicant states that the Tedesco Trust will convey all of its 
shares of stock of Asbury Park to Academy Lines, and Asbury Park will 
be merged into Academy Lines.1 By application thereafter to 
be filed with the Federal Highway Administration, the operating 
authority held by Asbury Park is expected to be transferred to, and be 
integrated into the operating authority of, Academy Lines.
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    \1\ By separate application simultaneously filed in Tedesco 
Family ESB Trust-- Acquisition of Control--Academy Bus Tours, Inc., 
et al., STB Docket No. MC-F-20957, Tedesco Family ESB Trust (Francis 
Tedesco and Mark Tedesco, settlers), seeks Board approval of its 
acquisition of control, from Tedesco Trust, of Academy Lines, along 
with Academy Bus Tours, Inc. (MC-165004), and, through Franmar 
Logistics, Inc., a noncarrier, of Academy Bus Tours, Inc. (PA) (MC-
215354), Academy Express, Inc. (MC-228481), Commuter Bus Line, Inc. 
(MC-162133), and No. 22 Hillside Corp. (MC-182453).
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    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.
    Applicant has submitted the information required by 49 CFR 1182.2, 
including information to demonstrate that the proposed transaction is 
consistent with the public interest under 49 U.S.C. 14303(b). 
Specifically, applicant has shown that the merger will have a positive 
effect on the adequacy of transportation to the public and will result 
in no increase in fixed charges and no changes in employment. See 49 
CFR 1182.2(a)(7). Additional information may be obtained from 
applicant's representative.
    On the basis of the application, we find that the proposed merger 
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 decision will take effect automatically and 
will be the final Board action.
    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 merger 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 vacated.
    3. This decision will be effective on February 14, 2000, unless 
timely opposing comments are filed.
    4. A copy of this notice will be served on: (1) the U.S. Department 
of Transportation, Office of Motor Carrier Safety--HMCE-20, 400 
Virginia Avenue, S.W., Suite 600, Washington, DC 20024; (2) the U.S. 
Department of Justice, Antitrust Division, 10th Street & Pennsylvania 
Avenue, N.W., Washington, DC 20530; and (3) the U.S. Department of 
Transportation, Office of the General Counsel, 400 7th Street, S.W., 
Washington, DC 20590.

    Decided: December 21, 1999.

    By the Board, Chairman Morgan, Vice Chairman Clyburn, and 
Commissioner Burkes.
Vernon A. Williams,
Secretary.
[FR Doc. 99-33630 Filed 12-28-99; 8:45 am]
BILLING CODE 4915-00-P