Comment Info: =================

General Comment:To Whom It May Concern:

In reference to 49 CFR 604.26 Complaint for removal of J & J Tours and Charters 
of P. O. Box 3138, Crosby, TX 77532, from the list of registered private charter 
operators, we respectfully request that you deny this removal request.  The 
removal request does not meet the guidelines set forth in Part III of the 
Department of Transportation/Federal Transit Administration 49 CFR Part 604 
Charter Service/Final Rule -- Sec. 604.26 (d).  J & J Tours and Charters has 
neither negotiated in bad faith, committed fraud, had a lapse in insurance 
coverage or had a lapse in any other documentation.  The one complaint that has 
been filed against J & J Tours and Charters is full of inaccuracies and false 
statements.  

On June 18, 2008, J & J Tours and Charters did indeed submit a response to 
provide service to Capital Metro for the Austin City Limits event.  We also made 
numerous attempts to contact the event providers' representative (Carey-- Mark 
Sweetland).  We left messages for Mark Sweetland.  I finally spoke to him and 
one of his assistants (via cellphone from my other job) on or about July 12th, I told 
him that I could not provide all of the buses needed.  However, I told him that I 
would be interested in providing between 4-6 buses for the event.  The fact that we 
were still interested in doing the work seemed to anger him.  His tone for the 
remainder of the conversation changed.  He said that he had used our company 
before and that one of the buses had a problem and that he really did not want to 
use us again.  He wanted to know that if they used our company again could I 
assure him that we would not have any problems.  I responded to him that I did 
not remember working for him before.  I also stated that there was not way that I 
could predict the future, but I would make sure that we checked all buses 
thoroughly before they left for Austin.  

He then asked me how many days and what time frame would we be interested in 
working.  I told him because we were coming from the Houston/Crosby, TX area, 
we would be interested in the routes that would require the most hours/day.  We 
then discussed pricing.  The entire conversation lasted approximately 45-50 
minutes.  He (Mark) informed me that I would be hearing from them soon.  That 
was the last contact I had with him.  The fact that Mr. Sweetland does not 
remember our conversation is appalling.

These accusations appear to reek of some predetermined agreement between 
Capital Metro and Carey, just another "back room agreement" that continues to 
plague our industry.   It seems to also be another avenue by a transit organization 
to undermine the new Transit/Charter guidelines and regulations.  

We at J & J Tours and Charters respectfully request that you see though the 
smoke and mirrors and deny this request for removal.  After seeing the integrity of 
individuals that we would have to deal with at Capital Metro and Carey, we would 
also like to remove our company from consideration for participation in the Austin 
City Limit event.

Respectfully submitted, 

Daryl G. Johnson
Vice-president, J & J Tours and Charters
Board Member, United Motorcoach Association