Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Notices 44125 

1The application initially was filed on May 4, 

2021. On June 3, 2021, the Board issued a decision 

requiring Applicant to submit additional 

information in support of the application. 

Applicant filed an unverified supplement to its 

application on June 30, 2021, and a verification of 

that supplement pursuant to 49 CFR 1182.2(c) on 

July 12, 2021. Therefore, for purposes of calculating 

the procedural schedule and statutory deadlines, 

the filing date of the application is July 12, 2021. 

See 49 CFR 1182.4(a). 

2Further information about Applicant’s corporate 

structure and ownership can be found in the 

Application. (See Appl. 5; id. at Ex. B.) 

3See Appl., May 4, 2021 Van Pool Transp. LLC— 

Acquis. of Control—NRT Bus, Inc., MCF 21095 

(seeking after-the-fact approval of its acquisition of 

NRT and Trombly). 

4Applicant states it did not seek approval of the 

transaction before it was completed because neither 

Applicant nor Seller were aware that the 

transaction was subject to the Board’s jurisdiction. 

(Appl. 1.) Applicant now requests that the Board 

approve the transaction after-the-fact. (Id.) The 

Board has permitted parties to obtain after-the-fact 

licensing authority for a transaction when the 

failure to seek approval was without malice and by 

mistake. See Winthrop Sargent—Aquis. of Control— 

Plymouth & Brockton St. Ry., MCF 21089, slip op. 

at 2 (STB served Jan. 3, 2020) (citing Allied Indus. 

Dev. Corp.—Pet. for Declaratory Order, FD 35477, 

slip. op. at 6 (STB served Sept. 17, 2015), and Gen. 

Ry.—Exemption for Acquis. of R.R. Line—in 

Osceola & Dickinson Cntys., Iowa, FD 34867, slip 

op. at 5 (STB served June 15, 2007)). 

5Additional 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 supplement to the application. (See 

Suppl. Appl. 2–6, 9; id. at Corr. Ex. A.) 

WD–FAB GRAND TOTAL BURDEN FIGURES

Modality of Completion Number of 

resplondents 

Frequency of 

response 

Average 

burden per 

response 

(minutes) 

Estimated 

total annual 

burden 

(hours) 

Average 

theoretical 

hourly cost 

amount 

(dollars) * 

Total annual 

opportunity 

cost 

(dollars) ** 

Totals ....................................................... 15,700 ........................ ........................ 9,242 ........................ $101,200 

* We based this figure on the average DI payments based on SSA’s current FY 2021 data (https://www.ssa.gov/legislation/2021FactSheet.pdf). 

** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rather, these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to 

respondents to complete the application. 

Dated: August 5, 2021. 

Naomi Sipple, 

Reports Clearance Officer, Social Security 

Administration. 

[FR Doc. 2021–17067 Filed 8–10–21; 8:45 am] 

BILLING CODE 4191–02–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. MCF 21096] 

Van Pool Transportation LLC— 

Acquisition of Control—Salter 

Transportation, Inc. 

AGENCY: Surface Transportation Board. 

ACTION: Notice tentatively approving 

and authorizing finance transaction. 

SUMMARY: Van Pool Transportation LLC 

(Applicant), a Delaware limited liability 

company and a noncarrier, has filed an 

application for authority after-the-fact to 

acquire control of Salter Transportation, 

Inc. (Salter), from Stephen O. Gadd 

(Seller). The Board is tentatively 

approving and granting after-the-fact 

authorization of the transaction, and, if 

no opposing comments are timely filed, 

this notice will be the final Board 

action. 

DATES: Comments may be filed by 

September 27, 2021. If any comments 

are filed, Applicant may file a reply by 

October 11, 2021. If no opposing 

comments are filed by September 27, 

2021, this notice shall be effective on 

September 28, 2021. 

ADDRESSES: Comments may be filed 

with the Board either via e-filing on the 

Board’s website. In addition, one copy 

of any comments must be sent to 

Applicant’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: 

Amy Ziehm at (202) 245–0391. 

Assistance for the hearing impaired is 

available through the Federal Relay 

Service at (800) 877–8339. 

SUPPLEMENTARY INFORMATION: According 

to the application,1 Applicant is a 

Delaware limited liability company 2

that, prior to the transaction, owned and 

controlled two other passenger motor 

carriers—NRT Bus, Inc. (NRT), and 

Trombly Motor Coach Service, Inc. 

(Trombly).3 (Appl. 2.) Prior to the 

transaction, Seller held all the issued 

and outstanding equity share of Salter. 

(Id. at 3.) On June 12, 2020, Seller 

transferred all his ownership interest in 

Salter to Applicant.4 (Appl. 1, 4.) Salter 

held, and continues to hold, interstate 

passenger motor carrier authority in the 

United States through the Federal Motor 

Carrier Safety Administrative (FMCSA). 

(Id. at 4.) 

Applicant provides the following 

description of the three carriers: 

• Salter primarily provides nonregulated student school bus 

transportation services within the North 

Shore area of Massachusetts and in 

southern New Hampshire, and it 

occasionally provides charter services 

when its buses are not in use for school 

activities. At the time of the transaction, 

Salter utilized a fleet of approximately 

120 passenger vehicles, consisting of 

school buses and mini-buses, and it 

used approximately 150 drivers. 

Currently, Salter utilizes a fleet of 

approximately 137 passenger vehicles, 

consisting of school buses and minibuses, and it uses approximately 103 

drivers. (Suppl. Appl. 2.) 

• NRT primarily provides nonregulated student school bus 

transportation services in the 

Commonwealth of Massachusetts—in 

the counties of Essex, Middlesex, 

Norfolk, Suffolk, and Worcester—and 

occasionally provides charter services 

when its buses are not in use for school 

activities. At the time of the transaction, 

it utilized a fleet of approximately 1,490 

passenger vehicles, consisting of school 

buses, mini-buses, and passenger vans, 

and it used approximately 1,100 drivers. 

It currently utilizes a fleet of 

approximately 1,490 passenger vehicles, 

consisting of school buses, mini-buses, 

and vans; and it uses approximately 

1,221 drivers. (Id. at 3–4.) 

• Trombly primarily provides nonregulated student school bus 

transportation services in the 

Commonwealth of Massachusetts—in 

the counties of Essex and Middlesex— 

and occasionally provides charter 

services when its buses are not in use 

for school activities. At the time of the 

transaction, it utilized a fleet of 

approximately 266 passenger vehicles, 

consisting of school buses, mini-buses, 

and passenger vans, and Trombly used 

approximately 280 drivers. Currently, it 

utilizes a fleet of approximately 266 

passenger vehicles, consisting of school 

buses, mini-buses, and vans, and it uses 

approximately 142 drivers. (Id. at 4; 

Appl. 3.) 5


jbell on DSKJLSW7X2PROD with NOTICES
44126 Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Notices 

1 In McCarthy—Acquisition of Control—Trombly 

Motor Coach Service Inc., Docket No. MCF 21094, 

Seller has filed an application for after-the-fact 

authority to acquire Trombly in a transaction that 

occurred in 2013. Today, the Board is tentatively 

approving that transaction. However, if opposing 

comments are filed in that docket, it may 

necessitate further Board action in this docket as 

well. 

2The application was initially filed on May 4, 

2021. On June 3, 2021, the Board issued a decision 

As a result of the transaction, 

Applicant owned and controlled 100% 

of the equity shares of Salter. (Appl. 4.) 

Applicant claims that the transaction 

has not had and will not have a 

material, detrimental impact on the 

adequacy of transportation services 

available to the public. (Id. at 6.) Since 

the transaction closed on June 12, 2020, 

the services previously provided by 

Salter, NRT, and Trombly to the public 

have continued to be provided by them. 

(Suppl. Appl. 8.) Applicant represents 

that there have been no reductions in 

availability or scheduling of the charter 

services provided by Salter, NRT, or 

Trombly as a result of the transaction. 

(Id.) 

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) total fixed charges that result, and (3) 

the interest of affected carrier 

employees. Applicant has submitted the 

information required by 49 CFR 1182.2, 

including information to demonstrate 

that the 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). (Appl. 5.) 

Applicant states that Salter, NRT, and 

Trombly have continued to operate 

since the transaction. (Suppl. Appl. 8.) 

Applicant represents that the 

transportation services available to the 

public have been and will be 

maintained and possibly expanded. (Id.; 

Appl. 6.) Applicant further represents 

that it is experienced in the same market 

segments served by Salter—nonregulated student home to school 

transportation—and, because of 

Applicant’s passenger carrier 

management capacity, the transaction 

will result in improved operating 

efficiencies, increased equipment 

utilization rates, and cost savings. 

(Appl. 6; Suppl. Appl. 8.) Specifically, 

the transaction has allowed Salter, NRT, 

and Trombly to take advantage of 

increased purchasing power for such 

items as equipment, parts, fuel, and 

insurance. (Suppl. Appl. 8.) Thus, 

Applicant states, the transaction helped 

strengthen the financial position of all 

three carriers and has helped them 

effectively compete with other carriers 

in their respective geographic markets 

with ‘‘good equipment and sound safety 

records.’’ (Id.) 

Applicant states that although the 

transaction increased fixed charges, in 

the form of interest expenses, the 

increase has not and will not impact the 

provision of transportation services to 

the public. (Appl. 7.) 

Finally, Applicant asserts that the 

transaction did not have a substantial 

impact on employees or labor 

conditions because Applicant has 

continued the existing operations of 

Salter, NRT, and Trombly. (Suppl. Appl. 

9.) According to Applicant, any 

reduction in the number of drivers used 

by the passenger motor carriers is the 

results of Salter’s, NRT’s, and Trombly’s 

inability ‘‘to find, hire and retain 

additional qualified drivers,’’ in part 

due to the COVID–19 pandemic. (Id.) 

The Board finds that the acquisition 

as described in the application, as 

supplemented, is consistent with the 

public interest and should be tentatively 

approved and authorized after-the-fact. 

If any opposing comments are timely 

filed, these findings will be deemed 

vacated, and, if a final decision cannot 

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 the expiration of the comment 

period, this notice will take effect 

automatically and will be the final 

Board action. 

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 transaction is approved and 

authorized after-the-fact, 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 

September 28, 2021, unless opposing 

comments are filed by September 27, 

2021. If any comments are filed, 

Applicant may file a reply by October 

11, 2021. 

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 General 

Counsel, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

Decided: August 5, 2021. 

By the Board, Board Members Begeman, 

Fuchs, Oberman, Primus, and Schultz. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2021–17132 Filed 8–10–21; 8:45 am] 

BILLING CODE 4915–01–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. MCF 21095] 

Van Pool Transportation LLC— 

Acquisition of Control—NRT Bus, Inc. 

and Trombly Motor Coach Service Inc. 

AGENCY: Surface Transportation Board. 

ACTION: Notice tentatively approving 

and authorizing finance transaction. 

SUMMARY: Van Pool Transportation LLC 

(Applicant), a Delaware limited liability 

company and a noncarrier, has filed an 

application for authority after-the-fact to 

acquire control of NRT Bus, Inc. (NRT), 

and Trombly Motor Coach Service Inc. 

(Trombly) from John J. McCarthy 

(Seller). 

DATES: Comments may be filed by 

September 27, 2021. If any comments 

are filed, Applicant may file a reply by 

October 11, 2021. If no opposing 

comments are filed by September 27, 

2021, this notice shall be effective on 

September 28, 2021. 

ADDRESSES: Comments may be filed 

with the Board via e-filing on the 

Board’s website. In addition, one copy 

of any comments must be sent to 

Applicant’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: 

Amy Ziehm at (202) 245–0391. 

Assistance for the hearing impaired is 

available through the Federal Relay 

Service at (800) 877–8339. 

SUPPLEMENTARY INFORMATION: The Board 

is tentatively approving and granting 

after-the-fact authorization of the 

transaction, and, if no opposing 

comments are timely filed in this docket 

or in the related action, McCarthy— 

Acquisition of Control—Trombly Motor 

Coach Service Inc., Docket No. MCF 

21094, this notice will be the final 

Board action.1 According to the 

application,2 Applicant is a Delaware 


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