Federal Register, Volume 64 Issue 249 (Wednesday, December 29, 1999)

[Federal Register Volume 64, Number 249 (Wednesday, December 29, 1999)]
[Notices]
[Pages 73120-73121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33631]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. MC-F-20957]


Tedesco Family ESB Trust--Acquisition of Control--Academy Bus 
Tours, Inc., et al.

AGENCY: Surface Transportation Board.

ACTION: Notice tentatively approving finance transaction.

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SUMMARY: Tedesco Family ESB Trust, Francis Tedesco and Mark Tedesco, 
settlers, of Hoboken, NJ (Tedesco Family Trust or applicant), a 
noncarrier, has filed an application under 49 U.S.C. 14303 to acquire 
control of Academy Bus Tours, Inc., and Academy Lines, 
Inc.,¹ motor carriers of passengers, and through Franmar 
Logistics, Inc., of Hoboken, NJ, 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), motor 
carriers of passengers. Persons wishing to oppose the 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.
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    \1\ By separate application simultaneously filed in Academy 
Lines, Inc.--Merger-- Asbury Park Transit Lines, Inc., STB Docket 
No. MC-F-20958, Board approval is being sought for the merger of 
Asbury Park Transit Lines, Inc. (MC-1002), into Academy Lines, Inc. 
(MC-106207).

DATES: Comments must be filed by February 14, 2000. Applicants may file 
a reply by February 28, 2000. If no comments are filed by February 14, 
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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-20957 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 applicant's 
representative: Fritz R. Kahn, Suite 750 West, 1100 New York Avenue, 
NW, Washington, DC 20005-3934.


[[Page 73121]]


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

SUPPLEMENTARY INFORMATION: Tedesco Family Trust seeks authority to 
acquire control of six motor passenger carriers through the acquisition 
of all of their shares of voting stock. All six passenger carriers hold 
federally issued operating authority and provide either local commuter 
bus service and other regular-route operations, or special or charter 
operations, or a combination of both. Collectively, these carriers 
operate between New York, NY, and various points in New Jersey and 
Pennsylvania.
    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 common control of the six 
bus lines 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 
acquisition of control 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 acquisition of control 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, SW, Suite 600, Washington, DC 20024; (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, 400 7th Street, SW, 
Washington, DC 20590.

    Decided: December 21, 1999.

    By the Board, Chairman Morgan, Vice Chairman Clyburn, and 
Commissioner Burkes.
Vernon A. Williams,
Secretary.
[FR Doc. 99-33631 Filed 12-28-99; 8:45 am]
BILLING CODE 4915-00-P