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 


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44130 Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Notices 

a Delaware limited liability company 

that provides intrastate paratransit, 

shuttle, and line-run services pursuant 

to contracts with regional transportation 

authorities and other organizations in, 

primarily, New Jersey and eastern 

Pennsylvania. (Id. at 6.) It also provides 

private charter motor coach services, 

including coach and shuttle ground 

transportation services for passengers, 

primarily in eastern Pennsylvania. (Id.) 

Van Pool represents that Easton has 

approximately 750 passenger-carrying 

vehicles, including 21 motor coaches, 

and it utilizes approximately 800 

drivers. (Id.) The geographic areas 

served by Easton do not overlap with 

the geographic areas serviced by NRT, 

Trombly, and Salter. (Id.) 

Van Pool states that it intends to 

maintain and continue the services 

provided by Easton to the public. (Id. at 

9.) It expects that the transaction will 

result in improved operating 

efficiencies, increased equipment 

utilization rates, and costs savings, all of 

which will help ensure the provision of 

adequate service to the public. (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 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 

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. 7–13.) 

Van Pool asserts that the transaction 

will not have a material, detrimental 

impact on the adequacy of 

transportation services currently 

available to the public. (Id. at 9.) Van 

Pool intends that the services provided 

by Easton currently available to the 

public will be maintained and that 

Easton will continue to operate under 

the same name, just within the holdings 

of Van Pool. (Id.) Van Pool further 

represents that it is experienced in the 

same market segments served by 

Easton—intrastate paratransit, shuttle, 

and line-run services—and, because of 

Van Pool’s passenger carrier 

management capacity, the transaction is 

expected to result in improved 

operating efficiencies, increased 

equipment utilization rates, and cost 

savings. (Id.) Thus, Van Pool states, the 

transaction will help ensure the 

provision of adequate transportation 

services to the public. (Id. at 9–10.) 

Van Pool claims that neither 

competition nor the public interest will 

be adversely affected by the proposed 

transaction. (Id. at 11–12.) Van Pool 

states that while demand for interstate 

passenger motor carriers has been 

reduced as a result for the COVID–19 

pandemic, as the public health situation 

continues to improve, Van Pool expects 

that demand for Easton’s services will 

increase. (Id. at 12.) And, according to 

Van Pool, competition for such services 

is strong; Easton competes directly with 

other passenger charter services, 

including J&J Luxury Transportation, 

Hagey Coach & Tours, Martz Bus, 

Perkiomen Travel & Tours, and TransBridge Lines. (Id.) In addition, Van Pool 

asserts that all charter service providers, 

including Easton, also compete with 

‘‘other modes of passenger 

transportation, including rail, low-cost 

airlines, and passenger transportation 

network companies.’’ (Id.) Van Pool also 

states that Easton does not compete with 

any of the other three passenger motor 

carriers owned by Van Pool because 

‘‘there is virtually no overlap in the 

service areas and/or customer bases 

among [NRT, Trombly, and Salter] and 

Easton in that regard.’’ (Id.) 

Van Pool states that although the 

transaction will increase fixed charges 

in the form of interest expenses, the 

increase will not impact the provision of 

transportation services to the public. (Id. 

at 10.) 

Finally, Van Pool asserts that the 

transaction will not have a substantial 

impact on employees or labor 

conditions because it intends to 

continue the existing operations of 

Easton. (Id.) Van Pool states that staffing 

redundancies, though, could potentially 

result in limited downsizing of backoffice and/or managerial level 

personnel. (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. 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, 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. 2021–17133 Filed 8–10–21; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

[Docket No. FHWA–2021–0012] 

Proposed First Renewal of 

Memorandum of Understanding (MOU) 

Assigning Certain Federal 

Environmental Responsibilities to the 

State of Nebraska, Including National 

Environmental Policy Act (NEPA) 

Authority for Certain Categorical 

Exclusions (CEs) 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of proposed first renewal 

of MOU; request for comments. 

SUMMARY: The FHWA and the State of 

Nebraska, acting by and through its 

Department of Transportation (State), 

propose renewing the MOU providing 

participation of the State in the 

Categorical Exclusion Assignment 

program. This program allows FHWA to 

assign its authority and responsibility 

for determining whether certain 

designated activities within the 


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