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PA Bulletin, Doc. No. 11-540

NOTICES

Service of Notice of Motor Carrier Applications

[41 Pa.B. 1740]
[Saturday, March 26, 2011]

 The following temporary authority and/or permanent authority applications for the right to render service as a common carrier or contract carrier in this Commonwealth have been filed with the Pennsylvania Public Utility Commission. Formal protests and petitions to intervene must be filed in accordance with 52 Pa. Code (relating to public utilities). A protest shall indicate whether it applies to the temporary authority application, the permanent authority application, or both. Filings must be made with the Secretary, Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265, with a copy served on the applicant by April 11, 2011. Documents filed in support of the applications are available for inspection and copying at the Office of the Secretary between 8 a.m. and 4:30 p.m., Monday through Friday, and at the business address of the respective applicant.

Application of the following for approval to begin operating as common carriers for transportation of persons as described under the application.

A-2011-2225263. Skye King (141 Center Street, East Stroudsburg, Monroe County, PA 18301)—persons, in airport transfer service, limited to owners, crew, passengers and maintenance personnel of private aircraft, from the following airports: Queen City and Lehigh Valley, located in the City of Allentown, Lehigh County; Slatington, located in the Borough of Slatington, Lehigh County; Wyoming Valley and Wilkes-Barre/Scranton, located in the City of Wilkes-Barre, Lackawanna County; Danville Municipal, located in the Borough of Danville, Montour County; Beltzville and Jake Arner Memorial, located in the Borough of Lehighton, Carbon County; Hazleton Municipal, located in the City of Hazleton, Luzerne County; Flying Dollar, located in the Borough of Canadensis, Monroe County; Stroudsburg-Pocono, located in the Borough of East Stroudsburg, Monroe County; Pocono Mtns. Municipal, located in the Borough of Mount Pocono, Monroe County; William T. Piper, located in the City of Lock Haven, Clinton County; Braden Airpark, located in the City of Easton, Northampton County; Seamans Field, located in the Borough of Factoryville, Wyoming County; Cherry Ridge, located in the Borough of Honesdale, Wayne County; Kutztown Municipal, located in the Borough of Kutztown, Berks County; Carl A. Spaatz Field, located in the City of Reading, Berks County; Doylestown Municipal, located in the Borough of Doylestown, Bucks County; Penn Ridge, located in the Borough of Perkasie, Bucks County; and Quakertown Municipal, located in the Borough of Quakertown, Bucks County, to points in Pennsylvania.

Application of the following for approval of the additional right and privilege of operating motor vehicles as common carriers for transportation of persons as described under the application.

A-2011-2230099. Pittsburgh Transportation Group Charter Services, Inc. (1825 Liverpool Street, Pittsburgh, Allegheny County, PA 15233), a corporation of the Commonwealth of Pennsylvania—persons, in group and party service, in vehicles seating 11 to 15 passengers, including the driver, between points in Pennsylvania, excluding service that is under the jurisdiction of the Philadelphia Parking Authority. (Attorney: Paul S. Guarnieri, Malone Middleman, PC, Northridge Office Plaza, 117 VIP Drive, Suite 310, Wexford, PA 15090.)

Application of the following for the approval of the right and privilege to discontinue/abandon operating as common carriers by motor vehicle and for cancellation of the certificate of public convenience as described under the application.

A-2011-2229681. P.T. Cruisers, LLC (299 Route 130 South, Cinnaminson, NJ 08077)—for the discontinuance of service and cancellation of its certificate as a common carrier, by motor vehicle, persons, in limousine service, between points in Pennsylvania, excluding service between points in Allegheny County and services under the jurisdiction of the Philadelphia Parking Authority.

A-2011-2229693. Matrix Limousine, Inc. (6 Half Hill Road, Birchrunville, PA 19421)—for the discontinuance of service and cancellation of its certificate as a common carrier, persons in limousine service, between points in the Counties of Chester, Montgomery, Berks, Lancaster, Delaware, Bucks and Philadelphia; subject to the following conditions: (1) That service is limited to the use of Rolls Royce, Bentley, BMW, Excalibur, Mercedes, Jaguar, Destiny, Franklin or Cadillac motor cars; (2) That the service is limited to transportation provided in connection with a dining engagement.

____

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Eagle Limousine and Motorcoach, Inc.; Doc. No. C-2011-2127371, A-00110753

COMPLAINT

 The Pennsylvania Public Utility Commission (Commission) is a duly constituted agency of the Commonwealth of Pennsylvania empowered to regulate public utilities within the Commonwealth. The Commission has delegated its authority to initiate proceedings, which are prosecutory in nature to the Bureau of Transportation and Safety and other bureaus with enforcement responsibilities. Pursuant to that delegated authority and Section 701 of the Public Utility Code, the Bureau of Transportation and Safety Prosecutory Staff hereby represents as follows:

 1. That Eagle Limousine and Motorcoach, Inc., Respondent, maintains a principal place of business at 10 Malin Road, Malvern, PA 19355-1734.

 2. That Respondent was issued a Certificate of Public Convenience by this Commission on August 12, 1993, at A-00110753.

 3. That Respondent was advised by letter dated March 23, 2009 that its current tariff on file with this Commission does not comply with 52 Pa. Code § 29.334 in that Respondent's Limousine rates are not based solely on time. Additionally, the initial time period and each subsequent increment must be at least 30 minutes. Respondent was provided 30 days to file an acceptable revised tariff. To date, Respondent has not filed an acceptable tariff.

 4. That Respondent, by failing to file a tariff with its Limousine rates based solely on time with a minimum of 30 minute time periods and increments, violated 52 Pa. Code § 29.334. The penalty is $250.00.

Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission fine Eagle Limousine and Motorcoach, Inc. the sum of two hundred and fifty dollars ($250.00) for the illegal activity described in the complaint and order such other remedy as the Commission may deem to be appropriate.

 Respectfully submitted,

Michael E. Hoffman, Director
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265

VERIFICATION

 I, Michael E. Hoffman, Director of the Bureau of Transportation and Safety, hereby state that the facts above set forth are true and correct to the best of my knowledge, information and belief and that I expect the Bureau will be able to prove the same at any hearing held in this matter. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

Date: ____ _________________

Michael E. Hoffman, Director
Bureau of Transportation and Safety

NOTICE

 A. You must file an answer within twenty (20) days of the date of service of this complaint. The date of service is the mailing date as indicated at the top of the Secretarial cover letter for this complaint and notice, 52 Pa. Code § 1.56(a). An answer is a written explanation of circumstances wished to be considered in determining the outcome. The answer shall raise all factual and legal arguments that you wish to claim in your defense and must include the reference number of this complaint. Your answer must be verified and the original and three (3) copies sent to:

    Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

 B. If you fail to answer this complaint within twenty (20) days of the date of service, the Bureau of Transportation and Safety will request that the Commission issue a Secretarial Letter imposing a penalty. Each day you continue to violate any regulation, direction, requirement or Order of the Commission is a separate and distinct offense, subject to additional penalties.

 C. You may elect not to contest this complaint by filing an acceptable tariff and by paying the fine proposed in this Complaint by certified check or money order. The tariff must be filed with the:

Compliance Office, Bureau of Transporta tion and Safety
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

 The fine payment must be made to the Commonwealth of Pennsylvania and should be forwarded to:

    Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

 Your payment is an admission that you committed the alleged violation and an agreement to cease and desist from further violations. Upon receipt of an acceptable tariff and payment of the proposed fine, the complaint proceeding shall be closed.

 D.  If you file an Answer, which admits or fails to deny the allegations of the Complaint, the Bureau of Transportation and Safety will request that the Commission issue a Secretarial Letter imposing a penalty.

 E. If you file an Answer which contests the Complaint, the matter will be assigned to an Administrative Law Judge for hearing and decision. The judge is not bound by the optional fine set forth above.

 F. If you have questions regarding this Complaint or if you would like an alternative format to this Complaint (for persons with disabilities), please contact the Compliance Office at (717) 787-1227.

____

Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Domack, Inc.;
Doc. No. C-2010-2206511

COMPLAINT

 The Pennsylvania Public Utility Commission (Commission) is a duly constituted agency of the Commonwealth of Pennsylvania empowered to regulate public utilities within the Commonwealth. The Commission has delegated its authority to initiate proceedings which are prosecutory in nature to the Bureau of Transportation and Safety and other Bureaus with enforcement responsibilities. Pursuant to that delegated authority and Section 701 of the Public Utility Code, the Bureau of Transportation and Safety Prosecutory Staff hereby represents as follows:

 1. That Domack, Inc., Respondent, maintains a principal place of business at 1507 Lardner Street, Philadelphia, PA 19149.

 2. That Respondent was issued a certificate of public convenience by this Commission on December 21, 2001, at Docket No. A-00118354, for call or demand authority.

 3. That, between December 1 and December 31 of 2006, 2007, 2008 and 2009, Respondent did not provide this Commission with a current list of all of its vehicles utilized under its call or demand authority. The list must contain the year, make, vehicle identification number and registration number for each vehicle. It shall be mailed to: Director, Bureau of Transportation and Safety, PA Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105.

 4. That, Respondent, by failing to provide this Commission with a current vehicle list, violated 52 Pa. Code § 29.314(c). The Bureau of Transportation and Safety Motor Carrier Services and Enforcement's Prosecutory Staff's proposed civil penalty for this violation is $250.

Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission fine Domack, Inc. the sum of two hundred and fifty dollars ($250) for the illegal activity described in this complaint and order such other remedy as the Commission may deem to be appropriate.

 Respectfully submitted,

Michael E. Hoffman, Director
Bureau of Transportation and Safety
P. O. Box 3265
Harrisburg, PA 17105-3265

VERIFICATION

 I, Michael E. Hoffman, Director of the Bureau of Transportation and Safety, hereby state that the facts above set forth are true and correct to the best of my knowledge, information and belief and that I expect that the Bureau will be able to prove same at any hearing held in this matter. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

Date: ____ _________________

Michael E. Hoffman, Director
Motor Carrier Services and Enforcement  Division
Bureau of Transportation and Safety

NOTICE

 A. You must file an answer within twenty days of the date of service of this Complaint. The date of service is the mailing date as indicated at the top of the Secretarial cover letter for this Complaint and notice, 52 Pa. Code § 1.56(a). An answer is a written explanation of circumstances wished to be considered in determining the outcome. The answer shall raise all factual and legal arguments that you wish to claim in your defense and must include the reference number of this Complaint. Your answer must be verified and the original and three copies sent to:

    Rosemary Chiavetta, Secretary
Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

 B. If you fail to answer this Complaint within twenty days, the Bureau of Transportation and Safety will request that the Commission issue a Secretarial Letter imposing a penalty. Pursuant to 66 Pa.C.S. § 3301(a), the penalty could include a fine of up to $1,000 for each violation, the revocation of your Certificate of Public Convenience, or any other remedy as may be appropriate. Each day you continue to violate any regulation, direction, requirement, determination or order of the Commission is a separate and distinct offense, subject to additional penalties.

 C. You may elect not to contest this Complaint by paying the fine proposed in this Complaint by certified check or money order within twenty (20) days. Your certified check or money order should be payable to the Commonwealth of Pennsylvania and should be forwarded to:

    Pennsylvania Public Utility Commission
P. O. Box 3265
Harrisburg, PA 17105-3265

 Your payment is an admission that you committed the alleged violation and an agreement to cease and desist from further violations. Upon receipt of your payment, the complaint proceeding shall be closed.

 D. If you file an answer which either admits or fails to deny the allegations of the Complaint, the Bureau of Transportation and Safety will request the Commission to issue a Secretarial Letter imposing a penalty (see Paragraph B). Should the Commission cancel your Certificate of Public Convenience, it may also impose an additional fine of up to $1,000.

 E. If you file an answer which contests the Complaint, the matter will be assigned to an administrative law judge for hearing and decision. The judge is not bound by the penalty set forth in this Complaint.

 F. Alternative formats of this material are available, for persons with disabilities, by contacting the Compliance Office at (717) 787-1227.

ROSEMARY CHIAVETTA, 
Secretary

[Pa.B. Doc. No. 11-540. Filed for public inspection March 25, 2011, 9:00 a.m.]



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