Federal Register / Vol. 89, No. 188 / Friday, September 27, 2024 / Notices 79331 

approximately 102 passenger vehicles 

and employs 81 drivers. (Id.) 

Furthermore, the USDOT number 

assigned to TCS is 1366324, and for 

purposes of its interstate passenger 

operations, TCS holds interstate carrier 

operating authority under FMCSA MC– 

522885. (Id.) According to the 

application, TCS is solely owned by 

Seller, who does not directly or 

indirectly own or control any other 

interstate passenger motor carrier. (Id. at 

6.) 

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.) 

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.) According to Van Pool, TCS 

will continue to provide the same 

services it currently provides under the 

same name; however, going forward, 

TCS will operate within the holdings of 

Applicant, an organization experienced 

in passenger transportation operations. 

(Id. at 9–10.) The transaction, combined 

with 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 within 

the Applicant subsidiaries, all of which 

will help ensure the provision of 

adequate service to the public. (Id. at 

10.) Van Pool also asserts that the 

addition of TCS will enhance the 

viability of Applicant’s organization and 

its subsidiaries. (Id.) 

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 population and demand for 

commuter scheduled route, shuttle, ondemand, and charter services in 

Massachusetts are expected to continue 

to increase in the foreseeable future. (Id. 

at 12.) TCS competes directly with other 

passenger service providers in 

Massachusetts, which is a competitive 

market because of the significant 

number of national, regional, and local 

providers operating within the area. (Id.) 

Other providers include A&A Metro 

Transportation, M & L Transit Systems, 

Boston Coach, Academy Bus, 

WeDriveU, and DPV Transportation. 

(Appl. 12; Suppl. 2.) Van Pool adds that 

TCS’s service area is geographically 

dispersed from those of the Affiliate 

Regulated Carriers and there is very 

limited overlap in the customer bases 

among the Affiliate Regulated Carriers 

and TCS. (Appl. 13.) 

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 10–11.) 

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 TCS. (Id. at 11.) Van Pool 

submits, however, that staffing 

redundancies could result in limited 

downsizing of back-office and/or 

managerial-level personnel. (Id.) 

The Board notes that the Owners have 

not joined in Van Pool’s application 

despite their ability to exercise control 

over Van Pool. 49 U.S.C. 13102(5); see 

Morgan Stanley Grp.—Control 

Exemption—NCC L.P., MCF 20250 (ICC 

served Feb. 17, 1993) (focusing ‘‘on the 

ability to control as reflected in the 

power or authority to manage, direct, 

superintend, restrict, regulate, govern, 

administer, or oversee’’). Therefore, the 

Owners will be directed to submit a 

filing joining the application and 

providing all information required of an 

applicant under the Board’s regulations. 

See, e.g., Bus Co. Holdings Topco LP— 

Acquis. of Control of Assets—Chenango 

Valley Bus Lines, Inc., MCF 21117 (STB 

served Aug. 23, 2024). Such a filing may 

incorporate the existing application by 

reference, to the extent appropriate. 

Based on Van Pool’s representations, 

the Board finds that the acquisition as 

proposed in the application is 

consistent with the public interest. The 

application will be tentatively approved 

and authorized, subject to the Owners 

submitting a satisfactory filing, as 

described above, that is consistent with 

the Board’s public interest finding by 

October 11, 2024. 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 and the 

Board does not issue a decision finding 

the Owners’ submission unsatisfactory 

by expiration of the comment period, 

this notice, including authority for the 

Owners as applicants, 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 

Owners submitting a satisfactory filing 

to join the application by October 11, 

2024, and 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 on 

November 9, 2024, unless the Board 

finds the Owners’ submission 

unsatisfactory or opposing comments 

are filed by November 8, 2024. If any 

comments are filed, Van Pool may file 

a reply by November 26, 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 

Counsel, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

Decided: September 23, 2024. 

By the Board, Board Members Fuchs, 

Hedlund, Primus, and Schultz. 

Tammy Lowery, 

Clearance Clerk. 

[FR Doc. 2024–22185 Filed 9–26–24; 8:45 am] 

BILLING CODE 4915–01–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. FD 36811] 

Oklahoma & Kansas Railroad, LLC— 

Change of Operator Exemption— 

Oklahoma Department of 

Transportation and Blackwell 

Industrial Authority 

Oklahoma & Kansas Railroad, LLC 

(OKRL), a noncarrier, has filed a verified 


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79332 Federal Register / Vol. 89, No. 188 / Friday, September 27, 2024 / Notices 

1The verified notice states that OKRL 

understands that BNGR does not object to the 

proposed change in operator. 

notice of exemption under 49 CFR 

1150.31 to lease and operate 

approximately 37.26 miles of rail line 

owned by Oklahoma Department of 

Transportation (OKDOT) and Blackwell 

Industrial Authority (BIA) extending 

from milepost 0.09 at Wellington, Kan., 

to milepost 35.35 at Blackwell, Okla., 

and from milepost 127.0 at Blackwell to 

milepost 125.0 also at Blackwell (the 

Line). OKRL states that OKDOT owns 

the portions of the Line extending from 

milepost 18.32 at Hunnewell, Kan., to 

milepost 35.35, and from milepost 127.0 

to milepost 126.45. OKRL further states 

that BIA owns the portions of the Line 

extending from milepost 0.09 to 

milepost 18.32 and from milepost 

126.45 to milepost 125.0. The verified 

notice states that under the proposed 

transaction OKRL will replace 

Blackwell Northern Gateway Railroad 

Company (BNGR), the current common 

carrier service provider on the Line. See 

State of Okla.—Alt. Rail Serv.—Line of 

Blackwell N. Gateway R.R., FD 36762 

(STB served July 26, 2024). 

According to the verified notice, the 

transaction involves OKRL’s proposed 

lease of, and commencement of 

common carrier service over, the Line. 

OKRL further states that once the 

proposed lease transaction is 

effectuated, OKRL will assume a 

common carrier status over the Line in 

place of BNGR.1

This transaction is related to a 

concurrently filed verified notice of 

exemption in Chicago Rock Island & 

Pacific Railroad—Continuance in 

Control Exemption—Oklahoma & 

Kansas Railroad, Docket No. FD 36812, 

in which Chicago Rock Island & Pacific 

Railroad LLC seeks to continue in 

control of OKRL upon OKRL’s becoming 

a Class III rail carrier. 

OKRL certifies that the agreement 

governing the transaction does not 

include any provision that may limit 

future interchange with a third-party 

connecting carrier. OKRL also certifies 

that its projected annual revenues as a 

result of this transaction will not result 

in its becoming a Class II or Class I rail 

carrier and that its projected annual 

revenue will not exceed $5 million. 

Under 49 CFR 1150.32(b), a change in 

operator requires that notice be given to 

shippers. OKRL certifies that it has 

provided a copy of its verified notice of 

exemption to all customers on the Line 

in accordance with the Board’s change 

of operator rules. 

The transaction may be consummated 

on or after October 13, 2024, 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 October 4, 2024 (at 

least seven days before the exemption 

becomes effective). 

All pleadings, referring to Docket No. 

FD 36811, 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, a copy of each pleading must 

be served on OKRL’s representative, 

Robert A. Wimbish, Fletcher & Sippel 

LLC, 29 North Wacker Drive, Suite 800, 

Chicago, IL 60606. 

According to OKRL, this action is 

categorically excluded from 

environmental review under 49 CFR 

1105.6(c) and from historic preservation 

reporting requirements under 49 CFR 

1105.8(b). 

Board decisions and notices are 

available at www.stb.gov. 

Decided: September 24, 2024. 

By the Board, Scott M. Zimmerman, Acting 

Director, Office of Proceedings. 

Aretha Laws-Byrum, 

Clearance Clerk. 

[FR Doc. 2024–22216 Filed 9–26–24; 8:45 am] 

BILLING CODE 4915–01–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. FD 36812] 

Chicago Rock Island & Pacific Railroad 

LLC—Continuance in Control 

Exemption—Oklahoma & Kansas 

Railroad, LLC 

Chicago Rock Island & Pacific 

Railroad LLC (Rock Island), a Class III 

rail carrier, has filed a verified notice of 

exemption under 49 CFR 1180.2(d)(2) to 

continue in control of Oklahoma & 

Kansas Railroad, LLC (OKRL), upon 

OKRL’s becoming a Class III rail carrier. 

Rock Island currently controls the Gulf 

& Ship Island Railroad LLC (G&SI) and 

Ottawa Northern Railroad LLC (ONR), 

both Class III rail carriers. Rock Island 

operates in Mississippi; G&SI operates 

in Mississippi; ONR operates in Kansas; 

and OKRL intends to operate in 

Oklahoma and Kansas. 

This transaction is related to a 

concurrently filed verified notice of 

exemption in Oklahoma & Kansas 

Railroad—Change of Operator 

Exemption—Oklahoma Department of 

Transportation, Docket No. FD 36811, 

in which OKRL seeks Board approval to 

lease and operate approximately 37.26 

miles of rail line owned by the 

Oklahoma Department of Transportation 

and Blackwell Industrial Authority 

extending from milepost 0.09 at 

Wellington, Kan., to milepost 35.35 at 

Blackwell, Okla., and from milepost 

127.0 at Blackwell to milepost 125.0 

also at Blackwell. 

Rock Island represents that: (1) none 

of Rock Island’s railroad lines, G&SI’s 

lines, or ONR’s lines will connect with 

OKRL’s; (2) the transaction is not part of 

a series of anticipated transactions that 

would result in such interconnection; 

and (3) the transaction does not involve 

a Class I rail carrier. Therefore, the 

transaction is exempt from the prior 

approval requirements of 49 U.S.C. 

11323. See 49 CFR 1180.2(d)(2). 

Under 49 U.S.C. 10502(g), the Board 

may not use its exemption authority to 

relieve a rail carrier of its statutory 

obligation to protect the interests of its 

employees. However, 49 U.S.C. 11326(c) 

does not provide for labor protection for 

transactions under 49 U.S.C. 11324 and 

11325 that involve only Class III rail 

carriers. Accordingly, because this 

transaction involves Class III rail 

carriers only, the Board may not impose 

labor protective conditions here. 

The earliest this transaction may be 

consummated is October 13, 2024, 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(g) 

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 by October 4, 2024 (at least 

seven days before the exemption 

becomes effective). 

All pleadings, referring to Docket No. 

FD 36812, 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, a copy of each pleading must 

be served on Rock Island’s 

representative, Robert A. Wimbish, 

Fletcher & Sippel LLC, 29 North Wacker 

Drive, Suite 800, Chicago, IL 60606. 

Board decisions and notices are 

available at www.stb.gov. 

Decided: September 24, 2024. 


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