NOTICES

PENNSYLVANIA PUBLIC UTILITY COMMISSION

Service of Notice of Motor Carrier Applications

[41 Pa.B. 5048]
[Saturday, September 17, 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 October 3, 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.

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

 A-2011-2256386. Richard Daum, Jr., t/a Daum Transport (3453 Fall Run Road, Wysox, Bradford County, PA 18854)—limited to persons who are wheelchair bound, from points in Bradford County, to points in Pennsylvania, and return.

 A-2011-2258008. Kuhn Transportation, LLC (3 Adventure Lane, Jim Thorpe, Carbon County, PA 18229)—persons, in airport transfer service, from points in the Counties of Carbon, Monroe, Lehigh, Northampton and Schuylkill to the following airports: Queen City and Lehigh Valley International 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; Beltzville, located in the Township of Franklin, Carbon County; Jake Amer Memorial, located in the Township of Mahoning, 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 Mount Pocono, Monroe County; and Braden Airpark, located in the City of Easton, Northampton County.

Applications of the following for approval of the beginning of the exercise of the right and privilege of operating motor vehicles as common carriers for the transportation of persons by transfer of rights as described under each application.

 A-2011-2255111. Austin's A-1 Transportation Service, LLC (1005 Pontiac Drive, Drexel Hill, Delaware County, PA 19026)—a limited liability corporation of the Commonwealth of Pennsylvania—in paratransit service, from points in the City and County of Philadelphia, and the Counties of Montgomery and Delaware, to any federal, state, or county correctional facility in Pennsylvania, and return, which is to be a transfer of all rights authorized under the certificate issued at A-00123697, F. 3, to Platinum Touch Transportation, LLC, subject to the same rights and limitations. Attorney: Anthony Richard-son 1518 Walnut Street, Suite 1110, Philadelphia, PA 19102.

 A-2011-2256963. Charles J. Spellman Ambulance Service, Inc. (100 Dilley Street, Forty Fort, Luzerne County, PA 18704)—a corporation of the Commonwealth of Pennsylvania—in paratransit service, from points in the Counties of Luzerne, Lackawanna, and Wyoming, to points in Pennsylvania, and return, which is to be a transfer of all rights authorized under the certificate issued at A-00117965 to Northeast Paramedic Services, Inc., subject to the same limitations and conditions.

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-2011-2254320. Star Express Transport, LLC, t/a Star Express Shuttle Service (110 Hunters Ridge Drive, Harrisburg, Dauphin County, PA 17110)—persons, in group and party service, in vehicles seating 11 to 15 passengers, from points in the Counties of Dauphin, Cumberland, Lancaster, York, Perry, Adams and Lebanon, to points in Pennsylvania and return, excluding service that is under the jurisdiction of the Philadelphia Parking Authority.

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Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Malik & Singh Cab Co.;
Doc. No. C-2011-2131189; A-00110998

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 Malik & Singh Cab Co., Respondent, maintains a principal place of business at 6856 Marshall Road, 1st floor, Philadelphia, PA 19082.

 2. That Respondent was issued a Certificate of Public Convenience by this Commission on November 2, 1993, at A-00110998.

 3. That Respondent was advised by letter dated May 10, 2005, that its medallion authority was being transferred to the Philadelphia Parking Authority. At that time, Respondent was advised that its taxicab service which had an origin and destination outside of the City of Philadelphia remained subject to the regulatory oversight of the PA PUC.

 4. That Respondent was advised by letter dated September 4, 2009, that it failed to file a valid tariff with this Commission as required by 52 Pa. Code § 23.11. Respondent was provided 60 days to file an acceptable tariff. To date, Respondent has not filed an acceptable tariff. The Bureau of Transportation and Safety's Motor Carrier Services and Enforcement Prosecutory Staff's proposed civil penalty for this violation is $250.00.

 Wherefore, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission fine Malik & Singh Cab Co., 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: 6/23/11_________________

 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 the penalty proposed in this complaint. 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 the penalty proposed in this complaint.

 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 in this complaint.

 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.

ROSEMARY CHIAVETTA, 
Secretary

[Pa.B. Doc. No. 11-1632. Filed for public inspection September 16, 2011, 9:00 a.m.]

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