80372 Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Notices 

1Additional information about these motor 

carriers, including U.S. Department of 

Transportation (USDOT) numbers, motor carrier 

numbers, and USDOT safety fitness ratings, can be 

found in the application. (See Appl. 3–6, Ex. A.) 

100 F Street NE, Washington, DC 

20549–2736. 

Notice is hereby given that, pursuant 

to the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.), the Securities 

and Exchange Commission (the 

‘‘Commission’’) is soliciting comments 

on the collection of information 

summarized below. The Commission 

plans to submit this existing collection 

of information to the Office of 

Management and Budget for extension 

and approval. 

Rule 11a–2 (17 CFR 270.11a–2) under 

the Investment Company Act of 1940 

(15 U.S.C. 80a–1 et seq.) permits certain 

registered insurance company separate 

accounts, subject to certain conditions, 

to make exchange offers without prior 

approval by the Commission of the 

terms of those offers. Rule 11a–2 

requires disclosure, in certain 

registration statements filed pursuant to 

the Securities Act of 1933 (15 U.S.C. 77a 

et seq.) of any administrative fee or sales 

load imposed in connection with an 

exchange offer. 

The Commission staff estimates that 

657 registrants are governed by Rule 

11a–2. Based on this estimate, the total 

annual burden hours associated with 

the rule is estimated to be 657 hours. 

The estimated burden hours associated 

with rule 11a–2 has decreased by 19 

hours from the current allocation of 676 

hours. The decrease is due to a decrease 

in the number of registrants. The 

estimated external cost associated with 

this collection of information continues 

to be $0. The Commission includes the 

estimated burden of complying with the 

information collection required by Rule 

11a–2 in the total number of burden 

hours estimated for completing the 

relevant registration statements and 

reports the burden of Rule 11a–2 in the 

separate Paperwork Reduction Act 

(‘‘PRA’’) submissions for those 

registration statements (see the separate 

PRA submissions for Form N–3 (17 CFR 

274.11b), Form N–4 (17 CFR 274.11c) 

and Form N–6 (17 CFR 274.11d). The 

Commission is requesting a burden of 

one hour for Rule 11a–2 for 

administrative purposes. 

The estimate of average burden hours 

is made solely for the purposes of the 

PRA and is not derived from a 

comprehensive or even a representative 

survey or study of the costs of 

Commission rules or forms. The 

information collection requirements 

imposed by Rule 11a–2 are mandatory. 

Responses to the collection of 

information will not be kept 

confidential. 

Written comments are invited on: (a) 

whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

Commission, including whether the 

information shall have practical utility; 

(b) the accuracy of the Commission’s 

estimate of the burden of the collection 

of information; (c) ways to enhance the 

quality, utility, and clarity of the 

information collected; and (d) ways to 

minimize the burden of the collection of 

information on respondents, including 

through the use of automated collection 

techniques or other forms of information 

technology. Consideration will be given 

to comments and suggestions submitted 

by January 16, 2024. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

under the PRA unless it displays a 

currently valid OMB control number. 

Please direct your written comments 

to: David Bottom, Acting Director/Chief 

Information Officer, Securities and 

Exchange Commission, c/o John 

Pezzullo, 100 F Street NE, Washington, 

DC 20549 or send an email to: PRA_

Mailbox@sec.gov. 

Dated: November 14, 2023. 

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2023–25477 Filed 11–16–23; 8:45 am] 

BILLING CODE 8011–01–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. MCF 21111] 

Van Pool Transportation LLC— 

Acquisition of Control—PLSIII LLC 

AGENCY: Surface Transportation Board. 

ACTION: Notice Tentatively Approving 

and Authorizing Finance Transaction. 

SUMMARY: On October 19, 2023, Van 

Pool Transportation LLC (Van Pool or 

Applicant), a noncarrier, filed an 

application for Van Pool to acquire 

control of an interstate passenger motor 

carrier, PLSIII LLC (PLS), by acquiring 

all the outstanding equity interests in 

PLS from Founders Mobility LLC 

(Founders), the sole member of PLS. 

The Board is tentatively approving and 

authorizing the transaction, and, if no 

opposing comments are timely filed, 

this notice will be the final Board 

action. 

DATES: Comments must be filed by 

January 2, 2024. If any comments are 

filed, Van Pool may file a reply by 

January 16, 2024. If no opposing 

comments are filed by January 2, 2024, 

this notice shall be effective on January 

3, 2024. 

ADDRESSES: Comments may be filed 

with the Board either via e-filing or in 

writing addressed to: Surface 

Transportation Board, 395 E Street SW, 

Washington, DC 20423–0001. In 

addition, send one copy of comments to 

Van Pool’s representative: Andrew K. 

Light, Scopelitis, Garvin, Light, Hanson 

& Feary, P.C., 10 W Market Street, Suite 

1400, Indianapolis, IN 46204. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Fancher at (202) 245–0355. If you 

require an accommodation under the 

Americans with Disabilities Act, please 

call (202) 245–0245. 

SUPPLEMENTARY INFORMATION: According 

to the application, Van Pool is a limited 

liability company organized under 

Delaware law and headquartered in 

Wilbraham, Mass. (Appl. 2.) Applicant 

states that it is not a federally regulated 

carrier but that it indirectly owns and 

controls all equity and voting interest in 

eight interstate passenger motor carriers 

(the Affiliate Regulated Carriers) that are 

among its operating subsidiaries. (Id.) 

The Affiliate Regulated Carriers are as 

follows: 1

• NRT Bus, Inc., which primarily 

provides non-regulated student 

transportation services for schools in 

Massachusetts (Essex, Middlesex, 

Norfolk, Suffolk, and Worcester 

counties), and occasional charter 

services; 

• Trombly Motor Coach Service, Inc., 

which primarily provides non-regulated 

student transportation services for 

schools in Massachusetts (Essex and 

Middlesex counties), and occasional 

charter services; 

• Salter Transportation, Inc., which 

primarily provides non-regulated 

student transportation services for 

schools in Massachusetts (Essex County) 

and southern New Hampshire, and 

occasional charter services; 

• Easton Coach Company, LLC, 

which provides (i) intrastate paratransit, 

shuttle, and line-run services under 

contracts with regional transportation 

authorities and other organizations, 

primarily in New Jersey and eastern 

Pennsylvania, and (ii) private charter 

motor coach and shuttle services 

(interstate and intrastate), primarily in 

eastern Pennsylvania; 

• F. M. Kuzmeskus, Inc., d/b/a Travel 

Kuz, which provides (i) non-regulated 

school bus transportation services, (ii) 

intrastate and interstate motor coach 

and limousine charter services, and (iii) 

limited intrastate and interstate charter 

services, all in western Massachusetts 

and southern Vermont; 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Notices 80373 

2 In Van Pool Transportation LLC—Acquisition of 

Control—Local Motion, Inc., MCF 21104 (STB 

served Feb. 10, 2023), Applicant received approval 

to acquire control of Local Motion, Inc., which 

became effective on March 28, 2023, but Applicant 

states that it has not yet completed the transaction. 

(Appl. 3 n.4.) 

3Further information about Applicant’s corporate 

structure and ownership can be found in the 

application. (See Appl. 8–9, Ex. B.) 

• Alltown Bus Service Inc., which 

primarily provides non-regulated 

student transportation services for 

schools in the metropolitan area of 

Chicago, Ill., and its northern suburbs, 

and occasional charter services; 

• DS Bus Lines, Inc., which primarily 

provides (i) non-regulated student 

transportation services for schools in 

Kansas (Beloit, Kansas City, Lincoln, 

Olathe, and Shawnee), Missouri (Belton 

and Smithville), Colorado (the 

metropolitan area of Denver), and 

Oklahoma (the metropolitan area of 

Tulsa), (ii) intrastate employee shuttle 

services in Colorado and Texas, and (iii) 

occasional charter services; and 

• Royal Coach Lines, Inc., which 

primarily provides (i) non-regulated 

student transportation services for 

schools in the metropolitan area of 

Westchester County, N.Y., and southern 

Connecticut, and (ii) contract and 

charter transportation services.2

According to the application, Van 

Pool also has operating subsidiaries that 

provide transportation services that do 

not involve regulated interstate 

transportation or require interstate 

passenger authority, primarily in the 

northeastern and central portions of the 

United States. (Appl. 2–3.) Van Pool 

states that it is indirectly owned and 

controlled by investment funds 

affiliated with Audax Management 

Company, LLC, a Delaware limited 

liability company. (Id. at 8–9.) 3

The application explains that PLS, the 

carrier being acquired, is a New York 

limited liability company headquartered 

in Buffalo, N.Y., and provides the 

following services: (i) primarily transit 

disabled transportation services under 

contracts with private non-profit 

organizations for fixed route and shuttle 

services in New York (Buffalo, western 

New York, Rochester, Utica and 

surrounding areas, and Poughkeepsie 

and surrounding areas), and (ii) very 

limited group day trip charter 

transportation services. (Appl. 7.) The 

application states that PLS holds 

intrastate carrier operating authority 

issued by the New York State 

Department of Transportation, as well as 

interstate carrier operating authority 

under FMCSA Docket No. MC–540425. 

(Id.) Applicant states that PLS has no 

safety rating. (Id.) Applicant states that 

it will acquire control of PLS by 

acquiring all the equity interests in PLS 

from Founders, the sole member of PLS. 

(Id. at 1, 8.) 

Under 49 U.S.C. 14303(b), the Board 

must approve and authorize a 

transaction that it finds consistent with 

the public interest, taking into 

consideration at least (1) the effect of the 

proposed transaction on the adequacy of 

transportation to the public, (2) the total 

fixed charges that result from the 

proposed transaction, and (3) the 

interest of affected carrier employees. 

Van Pool has submitted the information 

required by 49 CFR 1182.2, including 

information to demonstrate that the 

proposed transaction is consistent with 

the public interest under 49 U.S.C. 

14303(b), see 49 CFR 1182.2(a)(7), and 

a jurisdictional statement under 49 

U.S.C. 14303(g) that the aggregate gross 

operating revenues of the involved 

carriers exceeded $2 million during the 

12-month period immediately preceding 

the filing of the application, see 49 CFR 

1182.2(a)(5). (See Appl. 9–13.) 

Van Pool asserts that the proposed 

transaction will not have a material, 

detrimental impact on the adequacy of 

transportation services available for the 

public. (Id. at 10.) According to Van 

Pool, PLS will continue to provide the 

same services it currently provides 

under the same name; however, going 

forward, PLS will operate within the 

holdings of Applicant, an organization 

thoroughly experienced in passenger 

transportation operations. (Id.) Van Pool 

states that it is experienced in the same 

market segments served by PLS (transit 

disabled and private charter 

transportation) and that the passenger 

carrier management capacity of 

Applicant is expected to result in 

improved operating efficiencies, 

increased equipment utilization rates, 

and cost savings derived from 

economies of scale, which will help to 

ensure the provision of adequate service 

to the public. (Id.) Van Pool also asserts 

that the addition of PLS will enhance 

the viability of Applicant’s organization 

and its subsidiaries. (Id. at 11.) 

Van Pool states that the impact of the 

transaction on the regulated motor 

carrier industry will be minimal at most 

and that neither competition nor the 

public interest will be adversely 

affected. (Id. at 13.) According to Van 

Pool, the transit disabled transportation 

market is competitive in the areas 

serviced by PLS, and a majority of 

contracts for the applicable services are 

subject to the bidding processes. (Id.) 

Van Pool also asserts that it, and all 

charter service providers, compete with 

other modes of passenger transportation, 

including rail, low-cost airlines, 

carpools, and passenger transportation 

network companies. (Id.) Van Pool 

states that there is virtually no overlap 

in the service areas and/or customer 

bases among the Affiliate Regulated 

Carriers and PLS. (Id.) 

Van Pool asserts that the proposed 

transaction will increase fixed charges 

in the form of interest expenses because 

funds will be borrowed to assist in 

financing the transaction; however, Van 

Pool states that the increase will not 

impact the provision of transportation 

services to the public. (Id. at 11.) Van 

Pool also asserts that it does not expect 

the transaction to have substantial 

impacts on employees or labor 

conditions, and it does not anticipate a 

measurable reduction in force or 

changes in compensation levels or 

benefits at PLS. (Id.) Van Pool submits, 

however, that staffing redundancies 

could result in limited downsizing of 

back-office and/or managerial-level 

personnel. (Id.) 

Based on Van Pool’s representations, 

the Board finds that the acquisition as 

proposed in the application is 

consistent with the public interest and 

should be tentatively approved and 

authorized. If any opposing comments 

are timely filed, these findings 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. If no 

opposing comments are filed by 

expiration of the comment period, this 

notice will take effect automatically and 

will be the final Board action in this 

proceeding. 

This action is categorically excluded 

from environmental review under 49 

CFR 1105.6(c). 

Board decisions and notices are 

available at www.stb.gov. 

It is ordered: 

1. The proposed transaction is 

approved and authorized, subject to the 

filing of opposing comments. 

2. If opposing comments are timely 

filed, the findings made in this notice 

will be deemed vacated. 

3. This notice will be effective January 

3, 2024, unless opposing comments are 

filed by January 2, 2024. If any 

comments are filed, Applicant may file 

a reply by January 16, 2024. 

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 


khammond on DSKJM1Z7X2PROD with NOTICES
80374 Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Notices 

1Additional information about the carriers, 

including U.S. Department of Transportation 

(USDOT) numbers, motor carrier numbers, and 

USDOT safety fitness ratings, can be found in the 

application. (See Appl. 1–3, 9 (pdf pages 3–5, 11).) 

Counsel, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

Decided: November 8, 2023. 

By the Board, Board Members Fuchs, 

Hedlund, Oberman, Primus, and Schultz. 

Stefan Rice, 

Clearance Clerk. 

[FR Doc. 2023–25391 Filed 11–16–23; 8:45 am] 

BILLING CODE 4915–01–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. FD 36733] 

Buckingham Branch Railroad 

Company—Acquisition Exemption— 

Norfolk Southern Railway Company 

Buckingham Branch Railroad 

Company (BBRR), a Class III rail carrier, 

has filed a verified notice of exemption 

under 49 CFR 1150.41 to acquire from 

Norfolk Southern Railway Company 

(NSR) approximately 58.1 route miles of 

railroad line extending from milepost 

F86.0 at Burkeville, Va., to milepost 

F65.8 at Keysville, Va. (historically 

known as the F Line), and from milepost 

D0.0 at Keysville to milepost D37.9 at 

Clarksville, Va. (historically known as 

the D Line) (collectively, the Lines). 

According to the verified notice, 

except for a portion of the F Line 

between milepost F86.0 and F84.8 at or 

near Burkeville, BBRR has operated the 

Lines pursuant to a lease since 2009. 

BBRR states that the parties have agreed 

in principle to the sale of the Lines from 

NSR to BBRR under the terms of a draft 

transaction agreement. The verified 

notice also states that BBRR intends to 

consummate the subject transaction on 

or after the effective date of this 

exemption, and that BBRR will provide 

all rail common carrier service on the 

Lines. 

BBRR certifies that the transaction 

agreement does not have an interchange 

commitment. BBRR further certifies that 

its projected annual revenues will not 

result in BBRR’s becoming a Class I or 

Class II rail carrier, but that its annual 

revenues currently exceed $5 million 

and are expected to continue to exceed 

$5 million following its acquisition of 

the Lines. Pursuant to 49 CFR 

1150.42(e), if a carrier’s projected 

annual revenues will exceed $5 million, 

it must, at least 60 days before the 

exemption is to become effective, post a 

notice of its intent to undertake the 

proposed transaction at the workplace 

of the employees on the affected lines, 

serve a copy of the notice on the 

national offices of the labor unions with 

employees on the affected lines, and 

certify to the Board that it has done so. 

On October 6, 2023, BBRR certified that 

it had complied with those advance 

notice requirements. 

The transaction may be consummated 

on or after December 8, 2023, the 

effective date of the exemption (30 days 

after the verified notice was filed). 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. Petitions to revoke the 

exemption under 49 U.S.C. 10502(d) 

may be filed at any time. The filing of 

a petition to revoke will not 

automatically stay the effectiveness of 

the exemption. Petitions for stay must 

be filed no later than December 1, 2023. 

All pleadings, referring to Docket No. 

FD 36733, must be filed with the 

Surface Transportation Board either via 

e-filing on the Board’s website or in 

writing addressed to 395 E Street SW, 

Washington, DC 20423–0001. In 

addition, one copy of each pleading 

must be served on BBRR’s 

representative, Bradon J. Smith, Fletcher 

& Sippel LLC, 29 North Wacker Drive, 

Suite 800, Chicago, IL 60606. 

According to BBRR, this action is 

categorically excluded from 

environmental review under 49 CFR 

1105.6(c) and from historic reporting 

requirements under 49 CFR 1105.8(b). 

Board decisions and notices are 

available at www.stb.gov. 

Decided: November 14, 2023. 

By the Board, Mai T. Dinh, Director, Office 

of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2023–25492 Filed 11–16–23; 8:45 am] 

BILLING CODE 4915–01–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. MCF 21112] 

TBL Group, Inc.—Acquisition of 

Control—East Coast Transportation 

Company of North Florida LLC 

AGENCY: Surface Transportation Board. 

ACTION: Notice tentatively approving 

and authorizing finance transaction. 

SUMMARY: On October 19, 2023, TBL 

Group, Inc. (TBL Group or Applicant), 

a holding company, filed an application 

to acquire substantially all of the 

business operations and assets of East 

Coast Transportation Company of North 

Florida LLC (East Coast Transportation 

or Seller). The Board is tentatively 

approving and authorizing the 

transaction, and, if no opposing 

comments are timely filed, this notice 

will be the final Board action. 

DATES: Comments may be filed by 

January 2, 2024. If any comments are 

filed, TBL Group may file a reply by 

January 16, 2024. If no opposing 

comments are filed by January 2, 2024, 

this notice shall be effective on January 

3, 2024. 

ADDRESSES: Comments may be filed 

with the Board either via e-filing at 

www.stb.gov/proceedings-actions/efiling/other-filings/ or in writing 

addressed to: Surface Transportation 

Board, 395 E Street SW, Washington, DC 

20423–0001. Comments must reference 

Docket No. MCF 21112. In addition, one 

copy of comments must be sent to TBL 

Group’s representative: Barry Lewis, 

United States Transit Funding, Inc., P.O. 

Box 2563, Ormond Beach, FL 32175. 

FOR FURTHER INFORMATION CONTACT: 

Amy Ziehm at (202) 245–0391. If you 

require an accommodation under the 

Americans with Disabilities Act, please 

call (202) 245–0245. 

SUPPLEMENTARY INFORMATION: According 

to the application, TBL Group is a 

domestic for-profit incorporated entity 

headquartered in the state of Texas. TBL 

Group has been in operation since 2015 

and has two wholly owned subsidiaries, 

GBJ, Inc. and Echo Tours & Charters LP, 

which primarily provide charter, tour, 

and local intercity and intracity 

transportation in the Houston-DallasSan Antonio, Texas corridor, as well as 

the Jacksonville, North Florida market. 

(Appl. 1–2 (pdf pages 3–4).) According 

to Applicant, its subsidiaries currently 

operate 189 commercial motor vehicles 

in the above-mentioned markets.1 (Id. at 

2 (pdf page 4).) 

East Coast Transportation is an S 

Corporation with its principal place of 

business located in the state of Florida. 

(Id.) According to the application, East 

Coast Transportation is federally 

registered to provide passenger-carrier 

motor services and has been in 

operation for 14 years, providing charter 

service in Florida and other parts of the 

Southeast United States. (Id.) East Coast 

Transportation operates 23 

motorcoaches and currently has no 

parent, subsidiary, or affiliate 

companies. (Id.) TBL Group clarified by 

letter filed October 30, 2023, that, 

through the proposed transaction, Seller 

intends to transfer 80% ownership and 

control of East Coast Transportation to 

TBL Group, under the name Echo East 

Coast Transportation, LLC (Echo East 

Coast Transportation), and Robert M. 

Sobol, Chief Executive Officer of East 

Coast Transportation, will hold 20% 

ownership of the company. (TBL Group 

Letter 1, Oct. 30, 2023.) 


khammond on DSKJM1Z7X2PROD with NOTICES