Fenway Partners Capital Fund III, L.P. and Coach America Holdings, Inc.-Control-Renzenberger, Inc., 10333-10334 [E8-3582]
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Federal Register / Vol. 73, No. 38 / Tuesday, February 26, 2008 / Notices
Lakefront Lines, Inc. (Lakefront), and
Hopkins Airport Limousine Service, Inc.
(Hopkins), both of which are federally
regulated motor carriers of passengers.
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 April
11, 2008. Applicants may file a reply by
April 28, 2008. If no comments are filed
by April 11, 2008, this notice is effective
on that date.1
ADDRESSES: Send an original and 10
copies of any comments referring to STB
Docket No. MC–F–21025 to: Surface
Transportation Board, 395 E Street, SW.,
Washington, DC 20423–0001. In
addition, send one copy of comments to
the applicants’ representatives: Charles
A. Spitulnik and Allison I. Fultz,
KAPLAN KIRSCH & ROCKWELL LLP,
1001 Connecticut Avenue, NW., Suite
905, 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: Fenway is
a Delaware limited partnership
associated with Fenway Partners, Inc.
(Fenway Partners), a private equity firm
that invests in numerous different
businesses, including other
transportation-related entities, through
various limited partnerships and other
investment entities. Fenway Partners
has $2.1 billion under management.
Fenway owns over 70% of the stock of
Coach America.
Coach America, a noncarrier Delaware
corporation, controls 29 motor carriers
of passengers through its subsidiaries,
Coach America Group, Inc., and KBUS
Holdings, LLC.2
Lakefront, an Ohio corporation, is a
federally regulated motor carrier
(USDOT Number 120685 and ICC MC/
MX 121599) that provides interstate and
intrastate passenger transportation
service. All of the issued and
outstanding stock of Lakefront is owned
mstockstill on PROD1PC66 with NOTICES
1 In
their application, Applicants request
expedited handling of the application, and request
that the Board publish the notice within 25 days to
enable the parties to minimize the risk of further
credit market disruption, reduce uncertainty felt by
workers, and to ensure the benefits of the
transaction, including enhanced customer service
levels.
2 Fenway and Coach America have also filed an
application under 49 U.S.C. 14303 to acquire
control of Renzenberger, Inc., a Kansas corporation
and a federally regulated motor carrier of
passengers, in Fenway Partners Capital Fund III,
L.P., and Coach America Holdings, Inc.—Control—
Renzenberger, Inc., STB Docket No. MC–F–21024.
VerDate Aug<31>2005
19:29 Feb 25, 2008
Jkt 214001
by Jack Goebel, Mike Goebel, and
Thomas Goebel, with a small number of
preferred non-voting shares owned by
other Goebel family members. Hopkins,
an Ohio corporation, is also a federally
regulated motor carrier (USDOT
Number 1213222) that provides
interstate and intrastate passenger
transportation service. Hopkins is a
sister company of Lakefront and is also
owned by the Goebel family
Coach America will establish Lfrnt
Acq Corp. (Lfrnt), a Delaware
corporation and wholly owned
subsidiary of Coach America. Lfrnt will
purchase 100% of the issued and
outstanding capital stock of Lakefront
and Hopkins. Lfrnt will manage the
newly acquired companies. No
operating authorities will be transferred
as a result of the transaction. Lakefront
and Hopkins had gross operating
revenues for the 12-month period
ending December 31, 2007, greater than
the $2 million threshold required for
Board jurisdiction (combined gross
revenues of approximately $34 million
in 2007).
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.
Applicants have 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). They
state that the proposed transaction will
have no impact on 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 there will be no
material adverse impact on the
employees of the Coach Americacontrolled carriers. Additional
information, including a copy of the
application, may be obtained from the
applicants’ 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 notice will take effect
PO 00000
Frm 00114
Fmt 4703
Sfmt 4703
10333
automatically and will be the final
Board action.
Board decisions and notices are
available on our Web site at: https://
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 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 April
11, 2008, unless timely opposing
comments are filed.
4. 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., Room 8214, 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: February 20, 2008.
By the Board, Chairman Nottingham, Vice
Chairman Mulvey, and Commissioner
Buttrey.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8–3580 Filed 2–25–08; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. MC–F–21024]
Fenway Partners Capital Fund III, L.P.
and Coach America Holdings, Inc.–
Control–Renzenberger, Inc.
AGENCY:
Surface Transportation Board,
DOT.
Notice Tentatively Approving
Finance Transaction.
ACTION:
SUMMARY: On February 1, 2008, Fenway
Partners Capital Fund III, L.P. (Fenway),
and its subsidiary, Coach America
Holdings, Inc. (Coach America)1
1 Fenway owns 70% of the stock of Coach
America. Coach America currently controls through
intermediate subsidiaries the following federally
regulated motor carriers of passengers: America
Charters Ltd.; American Coach Lines of Atlanta,
Inc.; American Coach Lines of Jacksonville, Inc.;
American Coach Lines of Miami, Inc.; American
Coach Lines of Orlando, Inc.; CUSA, LLC; CUSA
ASL, LLC d/b/a Arrow Stage Lines; CUSA AT, LLC
E:\FR\FM\26FEN1.SGM
Continued
26FEN1
10334
Federal Register / Vol. 73, No. 38 / Tuesday, February 26, 2008 / Notices
mstockstill on PROD1PC66 with NOTICES
(collectively, Applicants), both
noncarriers, filed an application under
49 U.S.C. 14303 to acquire control of
Renzenberger, Inc. (Renzenberger) (MC–
170517). Applicants propose to acquire
control via a stock purchase by RZB Acq
Corp. (Acquisition Corp.), a corporation
formed by Coach America (and thus a
wholly owned subsidiary of Coach
America). Acquisition Corp. will
acquire 100% of the issued and
outstanding stock of Renzenberger.
Renzenberger will continue to operate
as a separate entity. 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 April
11, 2008. Applicants may file a reply by
April 28, 2008. If no comments are filed
by April 11, 2008, this notice is effective
on that date.2
ADDRESSES: Send an original and 10
copies of any comments referring to STB
Docket No. MC–F–21024 to: Surface
Transportation Board, 395 E Street, SW.,
Washington, DC 20423–0001. In
addition, send one copy of comments to
Applicants’ representative: David H.
Coburn, Steptoe & Johnson LLP, 1330
Connecticut Avenue, NW., Washington,
DC 20036–1795.
FOR FURTHER INFORMATION CONTACT: Julia
Farr (202) 245–0359 [Federal
Information Relay Service (FIRS) for the
hearing impaired: 1–800–877–8339].
SUPPLEMENTARY INFORMATION: Fenway is
a noncarrier Delaware limited
partnership. Fenway is affiliated with
Fenway Partners, Inc., a private equity
d/b/a Americoach Tours; CUSA AWC, LLC d/b/a
All West Coachlines; CUSA BCCAE, LLC d/b/a
Blackhawk-Central City Ace Express; CUSA CC,
LLC d/b/a Coach USA Los Angeles; CUSA CSS, LLC
d/b/a Crew Shuttle Services; CUSA EE, LLC d/b/a
El Expreso; CUSA ELKO, LLC d/b/a K–T Contract
Services Elko; CUSA ES, LLC d/b/a Express Shuttle;
CUSA FL, LLC d/b/a Franciscan Lines; CUSA
GCBS, LLC d/b/a Goodall’s Charter Bus Service;
CUSA GCT, LLC d/b/a Gulf Coast Transportation;
CUSA KBC, LLC d/b/a Kerrville Bus Company;
CUSA K–TCS, LLC d/b/a Coach USA and d/b/a
Gray Line Airport Shuttle; CUSA K–TCS, LLC d/b/
a Arizona Charters; CUSA PCSTC, LLC d/b/a Pacific
Coast Sightseeing Tours & Charters; CUSA PRTS,
LLC d/b/a Powder River Transportation Services;
CUSA RAZ, LLC d/b/a Raz Transportation
Company; Dillon’s Bus Service, Inc.; Florida Cruise
Connection, Inc. d/b/a Cruise Connection; Midnight
Sun Tours, Inc.; Southern Coach Company; and
Southern Tours, Inc.
2 In their application, Applicants request
expedited handling of the application, and request
that the Board publish the notice within 25 days to
enable the parties to minimize the risk of further
credit market disruption, reduce uncertainty felt by
workers, and to ensure the benefits of the
transaction, including enhanced customer service
levels.
VerDate Aug<31>2005
19:29 Feb 25, 2008
Jkt 214001
firm with $2.1 billion under
management. Fenway Partners, Inc.,
invests in numerous different
businesses, including other
transportation-related entities, through
various limited partnerships and other
investment entities. Fenway controls
carriers through its subsidiary, Coach
America.
Coach America, a noncarrier Delaware
corporation, controls 29 federally
regulated motor carriers through its
subsidiaries Coach America Group, Inc.,
and KBUS Holdings, LLC.3
Renzenberger is a Kansas corporation
and a federally regulated motor carrier
of passengers. It has operating authority
to transport passengers in: (1) Contract
carriage with rail carriers for their
crews; (2) nationwide common carrier
charter and special operations; and (3)
common carrier service over specified
regular routes in Nebraska, Iowa,
Colorado, and Kansas. Renzenberger
operates more than 1,500 vehicles in
more than 20 states.4 The gross revenue
of Applicants’ carriers and
Renzenberger exceed the $2 million
jurisdictional threshold of 49 U.S.C.
14303(g).
To consummate the transaction,
Coach America will establish
Acquisition Corp., a Delaware
corporation and wholly owned
subsidiary of Coach America.
Acquisition Corp. will acquire 100% of
the issued and outstanding capital stock
of Renzenberger. Renzenberger will
become a wholly owned subsidiary of
Coach America and will therefore be
under the control of Fenway. No
operating authorities will be transferred
as a result of the transaction.
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.
Applicants have 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).
Applicants state that the proposed
3 Fenway and Coach America have also filed an
application under 49 U.S.C. 14303 to acquire
control of Lakefront Lines, Inc., and Hopkins
Airport Limousine Service, Inc., Ohio corporations
and federally regulated motor carriers of passengers,
in Fenway Partners Capital Fund III, L.P., and
Coach America Holdings, Inc.–Control–Lakefront
Lines, Inc., and Hopkins Airport Limousine Service,
Inc., STB Docket No. MC–F–21025.
4 Renzenberger holds intrastate operating
authority in 23 states.
PO 00000
Frm 00115
Fmt 4703
Sfmt 4703
transaction will not impact the
adequacy of transportation services
available to the public, that the
proposed transaction will not adversely
impact fixed charges, and that the
interests of employees of Renzenberger
will not be adversely impacted.
Additional information, including a
copy of the application, may be
obtained from the Applicants’
representative.
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 https://
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 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
April 11, 2008, unless timely opposing
comments are filed.
4. 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: February 20, 2008.
By the Board, Chairman Nottingham, Vice
Chairman Mulvey, and Commissioner
Buttrey.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8–3582 Filed 2–25–08; 8:45 am]
BILLING CODE 4915–01–P
E:\FR\FM\26FEN1.SGM
26FEN1
Agencies
[Federal Register Volume 73, Number 38 (Tuesday, February 26, 2008)]
[Notices]
[Pages 10333-10334]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-3582]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. MC-F-21024]
Fenway Partners Capital Fund III, L.P. and Coach America
Holdings, Inc.-Control-Renzenberger, Inc.
AGENCY: Surface Transportation Board, DOT.
ACTION: Notice Tentatively Approving Finance Transaction.
-----------------------------------------------------------------------
SUMMARY: On February 1, 2008, Fenway Partners Capital Fund III, L.P.
(Fenway), and its subsidiary, Coach America Holdings, Inc. (Coach
America)\1\
[[Page 10334]]
(collectively, Applicants), both noncarriers, filed an application
under 49 U.S.C. 14303 to acquire control of Renzenberger, Inc.
(Renzenberger) (MC-170517). Applicants propose to acquire control via a
stock purchase by RZB Acq Corp. (Acquisition Corp.), a corporation
formed by Coach America (and thus a wholly owned subsidiary of Coach
America). Acquisition Corp. will acquire 100% of the issued and
outstanding stock of Renzenberger. Renzenberger will continue to
operate as a separate entity. 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.
---------------------------------------------------------------------------
\1\ Fenway owns 70% of the stock of Coach America. Coach America
currently controls through intermediate subsidiaries the following
federally regulated motor carriers of passengers: America Charters
Ltd.; American Coach Lines of Atlanta, Inc.; American Coach Lines of
Jacksonville, Inc.; American Coach Lines of Miami, Inc.; American
Coach Lines of Orlando, Inc.; CUSA, LLC; CUSA ASL, LLC d/b/a Arrow
Stage Lines; CUSA AT, LLC d/b/a Americoach Tours; CUSA AWC, LLC d/b/
a All West Coachlines; CUSA BCCAE, LLC d/b/a Blackhawk-Central City
Ace Express; CUSA CC, LLC d/b/a Coach USA Los Angeles; CUSA CSS, LLC
d/b/a Crew Shuttle Services; CUSA EE, LLC d/b/a El Expreso; CUSA
ELKO, LLC d/b/a K-T Contract Services Elko; CUSA ES, LLC d/b/a
Express Shuttle; CUSA FL, LLC d/b/a Franciscan Lines; CUSA GCBS, LLC
d/b/a Goodall's Charter Bus Service; CUSA GCT, LLC d/b/a Gulf Coast
Transportation; CUSA KBC, LLC d/b/a Kerrville Bus Company; CUSA K-
TCS, LLC d/b/a Coach USA and d/b/a Gray Line Airport Shuttle; CUSA
K-TCS, LLC d/b/a Arizona Charters; CUSA PCSTC, LLC d/b/a Pacific
Coast Sightseeing Tours & Charters; CUSA PRTS, LLC d/b/a Powder
River Transportation Services; CUSA RAZ, LLC d/b/a Raz
Transportation Company; Dillon's Bus Service, Inc.; Florida Cruise
Connection, Inc. d/b/a Cruise Connection; Midnight Sun Tours, Inc.;
Southern Coach Company; and Southern Tours, Inc.
DATES: Comments must be filed by April 11, 2008. Applicants may file a
reply by April 28, 2008. If no comments are filed by April 11, 2008,
this notice is effective on that date.\2\
---------------------------------------------------------------------------
\2\ In their application, Applicants request expedited handling
of the application, and request that the Board publish the notice
within 25 days to enable the parties to minimize the risk of further
credit market disruption, reduce uncertainty felt by workers, and to
ensure the benefits of the transaction, including enhanced customer
service levels.
ADDRESSES: Send an original and 10 copies of any comments referring to
STB Docket No. MC-F-21024 to: Surface Transportation Board, 395 E
Street, SW., Washington, DC 20423-0001. In addition, send one copy of
comments to Applicants' representative: David H. Coburn, Steptoe &
---------------------------------------------------------------------------
Johnson LLP, 1330 Connecticut Avenue, NW., Washington, DC 20036-1795.
FOR FURTHER INFORMATION CONTACT: Julia Farr (202) 245-0359 [Federal
Information Relay Service (FIRS) for the hearing impaired: 1-800-877-
8339].
SUPPLEMENTARY INFORMATION: Fenway is a noncarrier Delaware limited
partnership. Fenway is affiliated with Fenway Partners, Inc., a private
equity firm with $2.1 billion under management. Fenway Partners, Inc.,
invests in numerous different businesses, including other
transportation-related entities, through various limited partnerships
and other investment entities. Fenway controls carriers through its
subsidiary, Coach America.
Coach America, a noncarrier Delaware corporation, controls 29
federally regulated motor carriers through its subsidiaries Coach
America Group, Inc., and KBUS Holdings, LLC.\3\
---------------------------------------------------------------------------
\3\ Fenway and Coach America have also filed an application
under 49 U.S.C. 14303 to acquire control of Lakefront Lines, Inc.,
and Hopkins Airport Limousine Service, Inc., Ohio corporations and
federally regulated motor carriers of passengers, in Fenway Partners
Capital Fund III, L.P., and Coach America Holdings, Inc.-Control-
Lakefront Lines, Inc., and Hopkins Airport Limousine Service, Inc.,
STB Docket No. MC-F-21025.
---------------------------------------------------------------------------
Renzenberger is a Kansas corporation and a federally regulated
motor carrier of passengers. It has operating authority to transport
passengers in: (1) Contract carriage with rail carriers for their
crews; (2) nationwide common carrier charter and special operations;
and (3) common carrier service over specified regular routes in
Nebraska, Iowa, Colorado, and Kansas. Renzenberger operates more than
1,500 vehicles in more than 20 states.\4\ The gross revenue of
Applicants' carriers and Renzenberger exceed the $2 million
jurisdictional threshold of 49 U.S.C. 14303(g).
---------------------------------------------------------------------------
\4\ Renzenberger holds intrastate operating authority in 23
states.
---------------------------------------------------------------------------
To consummate the transaction, Coach America will establish
Acquisition Corp., a Delaware corporation and wholly owned subsidiary
of Coach America. Acquisition Corp. will acquire 100% of the issued and
outstanding capital stock of Renzenberger. Renzenberger will become a
wholly owned subsidiary of Coach America and will therefore be under
the control of Fenway. No operating authorities will be transferred as
a result of the transaction.
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.
Applicants have 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). Applicants state that the proposed transaction will not
impact the adequacy of transportation services available to the public,
that the proposed transaction will not adversely impact fixed charges,
and that the interests of employees of Renzenberger will not be
adversely impacted. Additional information, including a copy of the
application, may be obtained from the Applicants' representative.
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:
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 April 11, 2008, unless timely
opposing comments are filed.
4. 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: February 20, 2008.
By the Board, Chairman Nottingham, Vice Chairman Mulvey, and
Commissioner Buttrey.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8-3582 Filed 2-25-08; 8:45 am]
BILLING CODE 4915-01-P