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 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Notices 44127 

requiring Applicant to submit additional 

information in support of its application. Applicant 

filed an unverified supplement to its application on 

June 30, 2021, and a verification to 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). 

3Further information about Applicant’s corporate 

structure and ownership can be found in the 

Application. (See Appl. 4; id. at Ex. B.) 

4Applicant states it did not seek approval of the 

transaction before it was completed because neither 

Applicant nor the 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 application. (See Appl. 3; id. at Ex. A.) 

6As noted in footnote 1, above, if opposing 

comments are filed in MCF 21094, it may 

necessitate further Board action in this docket as 

well. 

limited liability company 3 that, prior to 

the transaction, did not own or control 

any passenger motor carriers. (Appl. 2.) 

Prior to the transaction, Seller held all 

the issued and outstanding equity 

shares of NRT and Trombly, two 

passenger motor carriers. (Id.) On 

September 30, 2019, Seller transferred 

all his ownership interest in NRT and 

Trombly to Applicant. (Id. at 1.) NRT 

and Trombly held, and continue to 

hold, interstate passenger motor carrier 

authority in the United States through 

the Federal Motor Carrier Safety 

Administration (FMCSA).4 (Appl. 3.) 

Applicant provides the following 

description of the two carriers: 

• 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 1,320 

passenger vehicles, consisting of school 

buses, mini-buses, and passenger vans, 

and it used approximately 1,400 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. (Suppl. Appl. 2.) 

• 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 3.) 5

As a result of the transaction, 

Applicant owned and controlled 100% 

of the equity and voting interest in NRT 

and Trombly. (Appl. 2.) 

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 September 30, 

2019, the services previously provided 

by NRT and Trombly have continued to 

be provided by them. (Id. at 5.) 

Applicant represents that it anticipates 

that the transportation services provided 

to the public by NRT and Trombly will 

be maintained and possibly expanded. 

(Id. at 5–4.) 

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 NRT and 

Trombly have continued to operate 

since the transaction. (Id. at 6.) 

Applicant represents that the 

transportation services available to the 

public will be maintained and possibly 

expanded. (Id.) Applicant further 

represents that it is experienced in the 

same market segments served by NRT 

and Trombly—non-regulated 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. (Id.; 

Suppl. Appl. 7.) Specifically, the 

transaction has allowed NRT and 

Trombly to take advantage of increased 

purchasing power for such items as 

equipment, parts, fuel, and insurance. 

(Suppl. Appl. 7.) Thus, Applicant states, 

the transaction has helped strengthen 

the financial position of both 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. 6–7.) 

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 

NRT and Trombly. (Id. at 7.) According 

to Applicant, the reduction in the 

number of drivers used by the passenger 

motor carriers is the results of NRT’s 

and Trombly’s inability ‘‘to find, hire 

and retain additional qualified drivers,’’ 

in part due to the COVID–19 pandemic. 

(Suppl. Appl. 8.) 

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,6 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, 


jbell on DSKJLSW7X2PROD with NOTICES
44128 Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Notices 

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). 

2Applicant states he did not seek approval of the 

transaction before it was completed because neither 

he 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. (Suppl. Appl. 1.) 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)). 

3Additional 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. 2–3; id. at Ex. 

A.) 

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. 2021–17131 Filed 8–10–21; 8:45 am] 

BILLING CODE 4915–01–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. MCF 21094] 

John J. McCarthy—Acquisition of 

Control—Trombly Motor Coach 

Service, Inc. 

AGENCY: Surface Transportation Board. 

ACTION: Notice tentatively approving 

and authorizing finance transaction. 

SUMMARY: John J. McCarthy (Applicant), 

a noncarrier, has filed an application for 

authority after-the-fact to acquire 

control of Trombly Motor Coach Service 

Inc. (Trombly) from Michael J. Trombly 

(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 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 an 

individual who directly owned and 

controlled another passenger motor 

carrier, NRT Bus, Inc. (NRT), prior to 

the closing of the transaction. (Appl. 2.) 

NRT held and continues to hold 

interstate passenger motor carrier 

authority in the United States through 

the Federal Motor Carrier Safety 

Administration (FMCSA). (Id.) Under 

the transaction, which was completed 

on April 13, 2013, Seller transferred to 

Applicant all issued and outstanding 

equity shares of Trombly.2 (Appl. 1, 3.) 

Applicant provides the following 

description of the two carriers: 

• 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 150 passenger vehicles, 

consisting of school buses and minibuses, and it used approximately 160 

drivers. Currently, Trombly utilizes a 

fleet of approximately 266 passenger 

vehicles, consisting of school buses, 

mini-buses, and passenger vans. It 

currently uses approximately 142 

drivers. (Suppl. Appl. 3.) 

• 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 1,350 

passenger vehicles, consisting of school 

buses, mini-buses, and passenger vans, 

and it used approximately 1,400 drivers. 

Currently, NRT 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 2.) 3

As a result of the transaction, 

Applicant owned and controlled two 

regulated interstate passenger motor 

carriers that operate in the same 

territory. (Id. at 2–3, 5–6.) 

Applicant claims that the transaction 

has not had, and will not have, a 

material, adverse impact on the 

adequacy of transportation services 

available to the public. (Id. at 7.) 

Applicant states that the services 

provided by Trombly prior to the 

transaction have been provided by 

Trombly under the same name since the 

transaction, just under different 

ownership, and will continue to be 

provided by Trombly going forward. 

(Appl. 4.) 

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). 

Applicant asserts that the 

transportation services available to the 

public will be maintained and improved 

as operating efficiencies are realized as 

a result of the transaction. (Appl. 4.) 

Since the transaction, Trombly has 

continued to provide transportation 

services to the public under the same 

name. (Id.) Applicant represents that 

Trombly has continued to operate under 

the control of Applicant, who is ‘‘an 

individual thoroughly experienced in 

school bus transportation operations.’’ 

(Id.) Applicant also represents that there 

has been no reduction in the charter 


jbell on DSKJLSW7X2PROD with NOTICES