National Express Corporation--Control Exemption--Vogel Bus Company, Inc.

Jeffrey Herzig
U.S. Department of Transportation
November 24, 2010

[Federal Register: November 24, 2010 (Volume 75, Number 226)]
[Notices]               
[Page 71792-71793]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24no10-160]                         

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. MC-F-21039]

 
National Express Corporation--Control Exemption--Vogel Bus 
Company, Inc.

AGENCY: Surface Transportation Board, DOT.

ACTION: Notice of filing of petition for exemption.

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SUMMARY: National Express Corporation (NEC), a noncarrier, seeks an 
exemption, under 49 U.S.C. 13541, from the prior approval requirements 
of 49 U.S.C. 14303(a)(5) and 49 CFR 1182 to acquire control of Vogel 
Bus Company, Inc. (Vogel), a motor passenger carrier. Expedited action 
has been requested.

[[Page 71793]]


DATES: Comments must be filed by December 14, 2010. NEC may file a 
reply by December 20, 2010.

ADDRESSES: Send an original and 10 copies of any comments referring to 
Docket No. MC-F-21039 to: Surface Transportation Board, Office of 
Proceedings, 395 E Street, SW., Washington, DC 20423. In addition, send 
one copy of any comments to NEC's representative: Michael H. Higgins, 
Troutman Sanders LLP, 401 9th Street, NW., Suite 1000, Washington, DC 
20004-2134.

FOR FURTHER INFORMATION CONTACT: Julia Farr, (202) 245-0359 (Federal 
Information Relay (FIRS) for the hearing impaired: 1-800-877-8339).

SUPPLEMENTARY INFORMATION: In a petition filed with the Board on 
October 25, 2010, NEC, a noncarrier, requests an exemption under 49 
U.S.C. 13541 from the prior approval requirements of 49 U.S.C. 
14303(a)(5) and 49 CFR 1182 for the acquisition of Vogel, a motor 
passenger carrier (MC-274520). NEC indirectly owns and controls one 
interstate motor passenger carrier, Durham School Services, L.P. 
(DSSLP) (MC-163066), which primarily provides transportation of school 
children to and from school in 30 states under contract with regional 
and local school jurisdictions. Vogel also primarily provides 
transportation of school children, in New Jersey. School bus 
transportation is not subject to Board regulation. However, both DSSLP 
and Vogel provide limited interstate charter bus transportation to the 
public, thus bringing the proposed acquisition within the Board's 
jurisdiction. NEC proposes to acquire control of Vogel through its 
acquisition of all of the shares of Vogel pursuant to a Share Purchase 
and Sale Agreement. If granted, an exemption would preempt review of 
the proposed transaction and approval by state and local authorities, 
pursuant to 49 U.S.C. 14303(f).
    In accordance with 49 U.S.C. 13541, the Board will exempt a motor 
carrier transaction if: (1) Regulation is not necessary to carry out 
the transportation policy of 49 U.S.C. 13101; (2) regulation either is 
not needed to protect shippers from the abuse of market power or the 
transaction or service is of limited scope; and (3) an exemption is in 
the public interest. According to NEC, the transaction will advance 
Federal transportation policy by, among other things, enabling it to 
provide more efficient service. NEC states that its transaction is 
limited in scope because DSSLP's and Vogel's Board-regulated operations 
(interstate charter services) are small in size, and because there is 
little overlap among the areas served by DSSLP and Vogel. Finally, NEC 
states that the transaction is in the public interest because, among 
other things, NEC anticipates that its existing expertise and resources 
will improve Vogel's limited charter passenger services, which inures 
to the benefit of the public.
    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, 950 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.
    Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.

    Decided: November 19, 2010.
    By the Board, Chairman Elliott, Vice Chairman Mulvey, and 
Commissioner Nottingham.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-29617 Filed 11-23-10; 8:45 am]
BILLING CODE 4915-01-P