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
Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Notices 44129 

1On June 30, 2021, counsel for Van Pool filed an 

unverified letter correcting an error in the 

application regarding one of the related motor 

carriers’ U.S. Department of Transportation 

(USDOT) safety and fitness ratings. Then, on July 

12, 2021, Van Pool submitted the required 

verification for the statements in the June 30, 2021 

letter, pursuant to 49 CFR 1182.2(c). Therefore, the 

filing date of the application for purposes of 

calculating the procedural and statutory deadlines 

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. 7–8; id. at Ex. B.) 

3 Van Pool currently has two applications 

pending before the Board seeking authority, afterthe-fact, to own and control NRT, Trombly, and 

Salter. See Appl., May 4, 2021, Van Pool Transp. 

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

21095; Appl., May 4, 2021, Van Pool Transp. LLC— 

Acquis. of Control—Salter Transp. Inc., MCF 21096. 

Additional information about these motor 

carriers, including USDOT numbers, motor carrier 

numbers, and USDOT safety and fitness ratings can 

be found in the application and the corrected 

Exhibit A to the letter filed by counsel on June 30, 

2021. (See Appl. 3–5; Corr. Ex. A, Letter from 

Gregory Ostendorf to Cynthia Brown, June 30, 2021, 

Docket No. MCF 21097.) In the application, Van 

Pool and counsel represented to the Board that 

Salter had a ‘‘Satisfactory’’ USDOT safety and 

fitness rating. That statement was incorrect. (See 

Corr. Ex. A, Letter from Gregory Ostendorf to 

Cynthia Brown.) Salter does not have a USDOT 

safety and fitness rating. (Id.) Van Pool and its 

counsel should take greater care in future 

proceedings before the Board to avoid incorrect 

representations of matters of fact. 

services provided by Trombly or NRT. 

(Suppl. Appl. 7.) He also states that the 

transaction resulted in improved 

operating efficiencies and cost savings 

derived from economies of scale for 

both Trombly and NRT. (Id.) 

Specifically, the transaction has allowed 

both NRT and Trombly to take 

advantage of increased purchasing 

power when acquiring new equipment, 

parts, fuel, and insurance. (Id.) These 

operating efficiencies and cost savings 

have helped the financial strength of 

both NRT and Trombly, allowing them 

to effectively compete in their 

respective geographic markets. (Id.) 

Applicant states that fixed charges are 

not contemplated to have a material 

impact on the transaction. (Appl. 5.) 

Moreover, Applicant asserts that the 

transaction did not have a substantial 

impact on employees or labor 

conditions because the operations of 

both Trombly and NRT have continued 

‘‘substantially unchanged.’’ (Suppl. 

Appl. 7.) The transaction did result in 

a limited number of duplicative backoffice positions, and those positions 

were phased out. (Appl. 5.) According 

to Applicant, any reduction in the 

number of drivers used by either 

company since the transaction is not the 

result of layoffs or reduction in the 

workforce at NRT or Trombly but rather 

the result of their 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, 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. 2021–17130 Filed 8–10–21; 8:45 am] 

BILLING CODE 4915–01–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. MCF 21097] 

Van Pool Transportation LLC— 

Acquisition of Control—Easton Coach 

Company, LLC 

AGENCY: Surface Transportation Board. 

ACTION: Notice Tentatively Approving 

and Authorizing Finance Transaction. 

SUMMARY: Van Pool Transportation LLC 

(Van Pool) has filed an application to 

acquire control of Easton Coach 

Company, LLC (Easton), a regulated 

interstate motor carrier, from ECC 

Holding Company, Inc. (ECC), a 

noncarrier. 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 

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 by effective on 

September 28, 2021. 

ADDRESSES: Comments should be filed 

with the Surface Transportation 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 Van Pool is a 

Delaware limited liability company that 

is headquartered in Wilbraham, Mass.2

(Appl. 2.) Van Pool currently owns and 

operates three passenger motor carriers 

that hold interstate passenger motor 

carrier authority through the Federal 

Motor Carrier Safety Administration 

(FMCSA): 

• NRT Bus, Inc. (NRT), which 

primarily provides non-regulated 

student school bus transportation 

services in the Commonwealth of 

Massachusetts and occasional passenger 

charter services to the public; 

• Trombly Motor Coach Service, Inc. 

(Trombly), which primarily provides 

non-regulated student school bus 

transportation services in the 

Commonwealth of Massachusetts and 

occasional passenger charter services to 

the public; and 

• Salter Transportation, Inc. (Salter), 

which primarily provides non-regulated 

student school bus transportation 

services in New Hampshire and the 

Commonwealth of Massachusetts, and 

occasional passenger charter services to 

the public. (Id. at 3–5.) 3

As a result of the transaction, Van 

Pool will acquire all issued and 

outstanding equity interest in Easton 

from ECC, a Delaware corporation that 

does not own or control any other 

interstate passenger motor carrier. (Id. at 

5, 7.) According to Van Pool, Easton is 


jbell on DSKJLSW7X2PROD with NOTICES