Van Pool Transportation LLC-Acquisition of Control-Local Motion, Inc., 8984-8986 [2023-02927]

Download as PDF 8984 Federal Register / Vol. 88, No. 28 / Friday, February 10, 2023 / Notices the purpose of making a connection, and (3) the transaction does not involve a Class I 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 carriers. Because this transaction involves Class III carriers only, the Board may not impose labor protective conditions here. 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. Stay petitions must be filed no later than February 17, 2023 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36664, must be filed with the Surface Transportation Board either via e-filling on the Board’s website or in writing at 395 E Street SW, Washington, DC 20423–0001. In addition, a copy of each pleading must be served on CWW’s representative, James H.M. Savage, 22 Rockingham Court, Germantown, MD 20874. Board decisions and notices are available at www.stb.gov. 2017–2021 (five-year) period. The Board’s February 10, 2023 decision stated that comments may be filed addressing any perceived data and computational errors in the Board’s calculation. The decision also stated that, unless a further order is issued postponing the effective date, the decision will take effect on March 1, 2023. DATES: Comments are due by February 27, 2023. ADDRESSES: Comments may be filed via e-filing on the Board’s website at www.stb.gov. Comments must be served on all parties appearing on the service list. FOR FURTHER INFORMATION CONTACT: Pedro Ramirez at (202) 245–0333. If you require an accommodation under the Americans with Disabilities Act, please call (202) 245–0245. SUPPLEMENTARY INFORMATION: Additional information is contained in the Board’s decision, which is available at www.stb.gov. require an accommodation under the Americans with Disabilities Act, please call (202) 245–0245. SUPPLEMENTARY INFORMATION: The decision in this proceeding is posted at www.stb.gov. Authority: 49 U.S.C. 10704(a). Decided: February 6, 2023. By the Board, Board Members Fuchs, Hedlund, Oberman, Primus, and Schultz. Stefan Rice, Clearance Clerk. SUMMARY: Decided: February 7, 2023. By the Board, Mai T. Dinh, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. AGENCY: SURFACE TRANSPORTATION BOARD [Docket No. EP 290 (Sub-No. 4)] Railroad Cost Recovery Procedures— Productivity Adjustment Surface Transportation Board. Presentation of the Board’s calculation for the change in railroad productivity for the 2017–2021 averaging period. AGENCY: ACTION: lotter on DSK11XQN23PROD with NOTICES1 SURFACE TRANSPORTATION BOARD [Docket No. EP 558 (Sub-No. 26)] Railroad Cost of Capital—2022 Surface Transportation Board. Notice. The Board is instituting a proceeding to determine the railroad industry’s cost of capital for 2022. The decision solicits comments on the following issues: the railroads’ 2022 current cost of debt capital, the railroads’ 2022 current cost of preferred equity capital (if any), the railroads’ 2022 cost of common equity capital, and the 2022 capital structure mix of the railroad industry on a market value basis. DATES: Notices of intent to participate are due by March 21, 2023. Statements of the railroads are due by April 11, 2023. Statements of other interested persons are due by May 2, 2023. Rebuttal statements by the railroads are due by May 23, 2023. ADDRESSES: Comments may be filed with the Board via e-filing on the Board’s website. FOR FURTHER INFORMATION CONTACT: Pedro Ramirez at (202) 245–0333. If you SUMMARY: BILLING CODE 4915–01–P In a decision served on February 10, 2023, the Board proposed to adopt 1.028 (2.8% per year) as the measure of average (geometric mean) change in railroad productivity for the SUMMARY: 17:41 Feb 09, 2023 BILLING CODE 4915–01–P ACTION: [FR Doc. 2023–02876 Filed 2–9–23; 8:45 am] VerDate Sep<11>2014 [FR Doc. 2023–02915 Filed 2–9–23; 8:45 am] Jkt 259001 PO 00000 Frm 00193 Fmt 4703 Sfmt 4703 Decided: February 7, 2023. By the Board, Board Members Fuchs, Hedlund, Oberman, Primus, and Schultz. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2023–02928 Filed 2–9–23; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD [Docket No. MCF 21104] Van Pool Transportation LLC— Acquisition of Control—Local Motion, Inc. Surface Transportation Board. Notice tentatively approving and authorizing finance transaction. AGENCY: ACTION: On January 13, 2023, Van Pool Transportation LLC (Van Pool or Applicant), a noncarrier, filed an application for Van Pool to acquire control of an interstate passenger motor carrier, Local Motion, Inc. (Local Motion), by acquiring all of the outstanding equity shares of the shareholders of Local Motion: Bruce E. Barrows, William J. Carragher, and John R. Eaton (collectively, Sellers). 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. Comments must be filed by March 27, 2023. If any comments are filed, Van Pool may file a reply by April 11, 2023. If no opposing comments are filed by March 27, 2023, this notice shall be effective on March 28, 2023. ADDRESSES: Comments may be filed with the Board either via e-filing or in writing addressed to: Surface Transportation Board, 395 E Street SW, Washington, DC 20423–0001. In addition, send one copy of comments to Van Pool’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. If you require an accommodation under the Americans with Disabilities Act, please call (202) 245–0245. SUPPLEMENTARY INFORMATION: According to the application, Van Pool is a limited liability company organized under DATES: E:\FR\FM\10FEN1.SGM 10FEN1 lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 88, No. 28 / Friday, February 10, 2023 / Notices Delaware law and headquartered in Wilbraham, Mass. (Appl. 2.) Van Pool states that it indirectly owns and controls all of the equity and voting interest in the following interstate passenger motor carriers (collectively, the Affiliate Regulated Carriers) that hold interstate passenger motor carrier authority, (id. at 2–6): 1 • NRT Bus, Inc., which primarily provides non-regulated student school bus transportation services in Massachusetts (Essex, Middlesex, Norfolk, Suffolk, and Worcester counties), and occasional charter services; • Trombly Motor Coach Service, Inc., which primarily provides non-regulated school bus transportation services in Massachusetts (Essex and Middlesex counties), and occasional charter services; • Salter Transportation, Inc., which primarily provides non-regulated school bus transportation services in Massachusetts (Essex County) and southern New Hampshire, and occasional charter services; • Easton Coach Company, LLC, which provides (i) intrastate paratransit, shuttle, and line-run services under contracts with regional transportation authorities and other organizations, primarily in New Jersey and eastern Pennsylvania, and (ii) private charter motor coach and shuttle services (interstate and intrastate), primarily in eastern Pennsylvania; • F.M. Kuzmeskus, Inc., which provides (i) non-regulated school bus transportation services in western Massachusetts and southern Vermont, (ii) intrastate and interstate motor coach and limousine charter services, and (iii) limited intrastate and interstate charter services; • Alltown Bus Service, Inc., which primarily provides non-regulated school bus transportation services in the metropolitan area of Chicago, Ill., and occasional charter services; and • DS Bus Lines, Inc., which primarily provides non-regulated school bus transportation services in Kansas (Beloit, Kansas City, Lincoln, Olathe, and Shawnee), Missouri (Belton and Smithville), Colorado (the metropolitan area of Denver), and Oklahoma (the metropolitan area of Tulsa), and intrastate employee shuttle services in Colorado and Texas. According to the application, Van Pool also has operating subsidiaries that 1 Additional 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 id. at 2–6; id. at Ex. A.) VerDate Sep<11>2014 17:41 Feb 09, 2023 Jkt 259001 provide transportation services that do not involve regulated interstate transportation or require interstate passenger authority (together with the Affiliate Regulated Carriers, the Applicant Subsidiaries), primarily in the northeastern portion of the United States. (Appl. 2–3; id. at Ex. B.) Van Pool states that it is indirectly owned and controlled by investment funds affiliated with Audax Management Company, LLC, a Delaware limited liability company. (Id. at 8.) 2 The application explains that Local Motion, the carrier being acquired, is a Massachusetts corporation that provides the following services: (i) non-regulated school bus transportation services under contracts with schools in the metropolitan area of Boston, Mass. (Greater Boston); (ii) motor coach and mini-bus charter services to the traveling public in Greater Boston; (iii) contract shuttle services for employers and colleges in Greater Boston; and (iv) transportation services for students attending summer camps, all originating in Greater Boston. (Id. at 6–7.) The application states that, in providing its services, Local Motion utilizes approximately 20 motor coaches, 130 school buses, 10 mini-buses, and 12 vans, and approximately 185 drivers. (Id. at 7.) The application further states that Local Motion holds interstate carrier operating authority under FMCSA Docket No. MC–338541 and has a safety rating of ‘‘Satisfactory.’’ (Id. at 6.) According to the application, all the Sellers are individuals domiciled in Massachusetts, none of the Sellers is a carrier, and none of the Sellers has control of any federally regulated passenger motor carrier other than Local Motion. (Id.) Van Pool represents that, through this transaction, it will acquire all the outstanding equity shares from Sellers, the effect of which will be to place Local Motion under the control of Van Pool. (Id. at 1, 8.) 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 2 Further information about the Applicant’s corporate structure and ownership can be found in the application. (See Appl. 8; id. at Ex. B.) PO 00000 Frm 00194 Fmt 4703 Sfmt 4703 8985 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. 9–14.) Van Pool asserts that the proposed transaction will not have a material, detrimental impact on the adequacy of transportation services available to the public. (Id. at 10.) Van Pool states that Local Motion will continue to provide the same services it currently provides under the same name, but will operate as a subsidiary of Van Pool, which is experienced in passenger transportation operations. (Id.) Van Pool explains that it is experienced in the same market segments served by Local Motion (school bus transportation, private charter transportation, employer and college shuttle services, and summer camp transportation), and that the transaction is expected to result in improved operating efficiencies, increased equipment utilization rates, and cost savings derived from economies of scale, all of which will help ensure the provision of adequate service to the public. (Id.) Van Pool also asserts that adding Local Motion to its corporate family will enhance the viability of Van Pool’s organization and the Applicant Subsidiaries. (Id.) Van Pool claims that neither competition nor the public interest will be adversely affected by the proposed transaction. (Id. at 11–14.) Van Pool explains that the school bus transportation market is very competitive in eastern Massachusetts, and there are a large number of school bus service providers in that market area. (Id. at 13 (listing multiple competitors).) As to charter services, Van Pool states that there are a number of passenger transportation arrangers or brokers for charter services that operate and serve Greater Boston, including Academy Bus Charter, Cavalier Coach, Bloom Bus, and Paul Revere Bus. (Id.) Van Pool notes that all charter service providers, including Local Motion, also compete with other modes of passenger transportation, including rail, low-cost airlines, and passenger transportation network companies. (Id.) In addition, Van Pool explains that Local Motion competes with a number of providers of employer and college shuttle services in Greater Boston, and competes with many of the school bus service providers and charter service providers in providing transportation services for summer camps. (Id.) Van Pool also notes that the Local Motion service areas are E:\FR\FM\10FEN1.SGM 10FEN1 lotter on DSK11XQN23PROD with NOTICES1 8986 Federal Register / Vol. 88, No. 28 / Friday, February 10, 2023 / Notices generally geographically ‘‘dispersed’’ from the service areas of the Affiliate Regulated Carriers in regard to their respective service offerings, and states that there is virtually no overlap in the service areas and/or customer bases among the Affiliate Regulated Carriers and Local Motion. (Id.) Van Pool states 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 maintains that the increase will not impact the provision of transportation services to the public. (Id. at 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 Local Motion. (Id.) Van Pool submits, however, that staffing redundancies could result in limited downsizing of back-office and/or managerial-level personnel. (Id.) Based on Van Pool’s representations, the Board finds that the acquisition as proposed in the application 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, 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 by expiration of the comment period, this notice 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 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 March 28, 2023, unless opposing comments are filed by March 27, 2023. If any comments are filed, Applicant may file a reply by April 11, 2023. 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; VerDate Sep<11>2014 17:41 Feb 09, 2023 Jkt 259001 and (3) the U.S. Department of Transportation, Office of the General Counsel, 1200 New Jersey Avenue SE, Washington, DC 20590. Decided: February 7, 2023. By the Board, Board Members Fuchs, Hedlund, Oberman, Primus, and Schultz. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2023–02927 Filed 2–9–23; 8:45 am] BILLING CODE 4915–01–P SUSQUEHANNA RIVER BASIN COMMISSION Commission Meeting Susquehanna River Basin Commission. ACTION: Notice. AGENCY: The Susquehanna River Basin Commission will conduct its regular business meeting on March 16, 2023 in Harrisburg, Pennsylvania. Details concerning the matters to be addressed at the business meeting are contained in the Supplementary Information section of this notice. Also the Commission published a document in the Federal Register on January 11, 2023, concerning its public hearing on February 2, 2023, in Harrisburg, Pennsylvania. SUMMARY: The meeting will be held on Thursday, March 16, 2023, at 9 a.m. ADDRESSES: This public meeting will be conducted in person and digitally from the Susquehanna River Basin Commission, 4423 N. Front Street, Harrisburg, Pennsylvania 17110. FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, General Counsel and Secretary to the Commission, telephone: 717–238–0423; fax: 717–238–2436. SUPPLEMENTARY INFORMATION: The business meeting will include actions or presentations on the following items: (1) approval of contracts, grants and agreements; (2) a motion to release a proposed general permit for public comment (3) and actions on 18 regulatory program projects. This agenda is complete at the time of issuance, but other items may be added, and some stricken without further notice. The listing of an item on the agenda does not necessarily mean that the Commission will take final action on it at this meeting. When the Commission does take final action, notice of these actions will be published in the Federal Register after the meeting. Any actions specific to projects will also be provided in writing directly to project sponsors. The meeting will be conducted both in person at the Susquehanna River Basin Commission Harrisburg headquarters and digitally. The public is invited to attend the Commission’s business meeting. You can access the Business Meeting remotely via Zoom: https://us02web.zoom.us/j/ 82472805136?pwd=VlpHaElpeWF2 U0RhWVFQRHhTbU40UT09; Meeting ID 824 7280 5136; Passcode: SRBC4423! or via telephone: 309–205–3325 or 312– 626–6799; Meeting ID 824 7280 5136. Written comments pertaining to items on the agenda at the business meeting may be mailed to the Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg, Pennsylvania 17110–1788, or submitted electronically through www.srbc.net/about/meetingsevents/business-meeting.html. Such comments are due to the Commission on or before February 13, 2023. Comments will not be accepted at the business meeting noticed herein. Authority: Pub. L. 91–575, 84 Stat. 1509 et seq., 18 CFR parts 806, 807, and 808. Dated: February 6, 2023. Jason E. Oyler, General Counsel and Secretary to the Commission. [FR Doc. 2023–02819 Filed 2–9–23; 8:45 am] BILLING CODE 7040–01–P DATES: PO 00000 Frm 00195 Fmt 4703 Sfmt 4703 OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Notice of Conforming and Technical Amendments: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation Office of the United States Trade Representative (USTR). ACTION: Notice. AGENCY: This notice makes one conforming amendment and one technical amendment to the reinstated exclusions in the Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. DATES: The conforming amendment announced in Annex I to this notice applies as of January 1, 2023. The technical amendment announced in Annex II to this notice is retroactive to the date of publication of the original exclusion. FOR FURTHER INFORMATION CONTACT: For general questions about this notice, contact Associate General Counsel Philip Butler or Assistant General SUMMARY: E:\FR\FM\10FEN1.SGM 10FEN1

Agencies

[Federal Register Volume 88, Number 28 (Friday, February 10, 2023)]
[Notices]
[Pages 8984-8986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02927]


-----------------------------------------------------------------------

SURFACE TRANSPORTATION BOARD

[Docket No. MCF 21104]


Van Pool Transportation LLC--Acquisition of Control--Local 
Motion, Inc.

AGENCY: Surface Transportation Board.

ACTION: Notice tentatively approving and authorizing finance 
transaction.

-----------------------------------------------------------------------

SUMMARY: On January 13, 2023, Van Pool Transportation LLC (Van Pool or 
Applicant), a noncarrier, filed an application for Van Pool to acquire 
control of an interstate passenger motor carrier, Local Motion, Inc. 
(Local Motion), by acquiring all of the outstanding equity shares of 
the shareholders of Local Motion: Bruce E. Barrows, William J. 
Carragher, and John R. Eaton (collectively, Sellers). 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 March 27, 2023. If any comments are 
filed, Van Pool may file a reply by April 11, 2023. If no opposing 
comments are filed by March 27, 2023, this notice shall be effective on 
March 28, 2023.

ADDRESSES: Comments may be filed with the Board either via e-filing or 
in writing addressed to: Surface Transportation Board, 395 E Street SW, 
Washington, DC 20423-0001. In addition, send one copy of comments to 
Van Pool'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. If you 
require an accommodation under the Americans with Disabilities Act, 
please call (202) 245-0245.

SUPPLEMENTARY INFORMATION: According to the application, Van Pool is a 
limited liability company organized under

[[Page 8985]]

Delaware law and headquartered in Wilbraham, Mass. (Appl. 2.) Van Pool 
states that it indirectly owns and controls all of the equity and 
voting interest in the following interstate passenger motor carriers 
(collectively, the Affiliate Regulated Carriers) that hold interstate 
passenger motor carrier authority, (id. at 2-6): \1\
---------------------------------------------------------------------------

    \1\ Additional 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 id. at 2-6; id. at Ex. A.)
---------------------------------------------------------------------------

     NRT Bus, Inc., which primarily provides non-regulated 
student school bus transportation services in Massachusetts (Essex, 
Middlesex, Norfolk, Suffolk, and Worcester counties), and occasional 
charter services;
     Trombly Motor Coach Service, Inc., which primarily 
provides non-regulated school bus transportation services in 
Massachusetts (Essex and Middlesex counties), and occasional charter 
services;
     Salter Transportation, Inc., which primarily provides non-
regulated school bus transportation services in Massachusetts (Essex 
County) and southern New Hampshire, and occasional charter services;
     Easton Coach Company, LLC, which provides (i) intrastate 
paratransit, shuttle, and line-run services under contracts with 
regional transportation authorities and other organizations, primarily 
in New Jersey and eastern Pennsylvania, and (ii) private charter motor 
coach and shuttle services (interstate and intrastate), primarily in 
eastern Pennsylvania;
     F.M. Kuzmeskus, Inc., which provides (i) non-regulated 
school bus transportation services in western Massachusetts and 
southern Vermont, (ii) intrastate and interstate motor coach and 
limousine charter services, and (iii) limited intrastate and interstate 
charter services;
     Alltown Bus Service, Inc., which primarily provides non-
regulated school bus transportation services in the metropolitan area 
of Chicago, Ill., and occasional charter services; and
     DS Bus Lines, Inc., which primarily provides non-regulated 
school bus transportation services in Kansas (Beloit, Kansas City, 
Lincoln, Olathe, and Shawnee), Missouri (Belton and Smithville), 
Colorado (the metropolitan area of Denver), and Oklahoma (the 
metropolitan area of Tulsa), and intrastate employee shuttle services 
in Colorado and Texas.
    According to the application, Van Pool also has operating 
subsidiaries that provide transportation services that do not involve 
regulated interstate transportation or require interstate passenger 
authority (together with the Affiliate Regulated Carriers, the 
Applicant Subsidiaries), primarily in the northeastern portion of the 
United States. (Appl. 2-3; id. at Ex. B.) Van Pool states that it is 
indirectly owned and controlled by investment funds affiliated with 
Audax Management Company, LLC, a Delaware limited liability company. 
(Id. at 8.) \2\
---------------------------------------------------------------------------

    \2\ Further information about the Applicant's corporate 
structure and ownership can be found in the application. (See Appl. 
8; id. at Ex. B.)
---------------------------------------------------------------------------

    The application explains that Local Motion, the carrier being 
acquired, is a Massachusetts corporation that provides the following 
services: (i) non-regulated school bus transportation services under 
contracts with schools in the metropolitan area of Boston, Mass. 
(Greater Boston); (ii) motor coach and mini-bus charter services to the 
traveling public in Greater Boston; (iii) contract shuttle services for 
employers and colleges in Greater Boston; and (iv) transportation 
services for students attending summer camps, all originating in 
Greater Boston. (Id. at 6-7.) The application states that, in providing 
its services, Local Motion utilizes approximately 20 motor coaches, 130 
school buses, 10 mini-buses, and 12 vans, and approximately 185 
drivers. (Id. at 7.) The application further states that Local Motion 
holds interstate carrier operating authority under FMCSA Docket No. MC-
338541 and has a safety rating of ``Satisfactory.'' (Id. at 6.) 
According to the application, all the Sellers are individuals domiciled 
in Massachusetts, none of the Sellers is a carrier, and none of the 
Sellers has control of any federally regulated passenger motor carrier 
other than Local Motion. (Id.) Van Pool represents that, through this 
transaction, it will acquire all the outstanding equity shares from 
Sellers, the effect of which will be to place Local Motion under the 
control of Van Pool. (Id. at 1, 8.)
    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. 9-14.)
    Van Pool asserts that the proposed transaction will not have a 
material, detrimental impact on the adequacy of transportation services 
available to the public. (Id. at 10.) Van Pool states that Local Motion 
will continue to provide the same services it currently provides under 
the same name, but will operate as a subsidiary of Van Pool, which is 
experienced in passenger transportation operations. (Id.) Van Pool 
explains that it is experienced in the same market segments served by 
Local Motion (school bus transportation, private charter 
transportation, employer and college shuttle services, and summer camp 
transportation), and that the transaction is expected to result in 
improved operating efficiencies, increased equipment utilization rates, 
and cost savings derived from economies of scale, all of which will 
help ensure the provision of adequate service to the public. (Id.) Van 
Pool also asserts that adding Local Motion to its corporate family will 
enhance the viability of Van Pool's organization and the Applicant 
Subsidiaries. (Id.)
    Van Pool claims that neither competition nor the public interest 
will be adversely affected by the proposed transaction. (Id. at 11-14.) 
Van Pool explains that the school bus transportation market is very 
competitive in eastern Massachusetts, and there are a large number of 
school bus service providers in that market area. (Id. at 13 (listing 
multiple competitors).) As to charter services, Van Pool states that 
there are a number of passenger transportation arrangers or brokers for 
charter services that operate and serve Greater Boston, including 
Academy Bus Charter, Cavalier Coach, Bloom Bus, and Paul Revere Bus. 
(Id.) Van Pool notes that all charter service providers, including 
Local Motion, also compete with other modes of passenger 
transportation, including rail, low-cost airlines, and passenger 
transportation network companies. (Id.) In addition, Van Pool explains 
that Local Motion competes with a number of providers of employer and 
college shuttle services in Greater Boston, and competes with many of 
the school bus service providers and charter service providers in 
providing transportation services for summer camps. (Id.) Van Pool also 
notes that the Local Motion service areas are

[[Page 8986]]

generally geographically ``dispersed'' from the service areas of the 
Affiliate Regulated Carriers in regard to their respective service 
offerings, and states that there is virtually no overlap in the service 
areas and/or customer bases among the Affiliate Regulated Carriers and 
Local Motion. (Id.)
    Van Pool states 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 maintains 
that the increase will not impact the provision of transportation 
services to the public. (Id. at 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 Local Motion. 
(Id.) Van Pool submits, however, that staffing redundancies could 
result in limited downsizing of back-office and/or managerial-level 
personnel. (Id.)
    Based on Van Pool's representations, the Board finds that the 
acquisition as proposed in the application 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, 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 by 
expiration of the comment period, this notice 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 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 March 28, 2023, unless opposing 
comments are filed by March 27, 2023. If any comments are filed, 
Applicant may file a reply by April 11, 2023.
    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: February 7, 2023.

    By the Board, Board Members Fuchs, Hedlund, Oberman, Primus, and 
Schultz.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2023-02927 Filed 2-9-23; 8:45 am]
BILLING CODE 4915-01-P
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