[Federal Register Volume 78, Number 134 (Friday, July 12, 2013)]
[Notices]
[Page 41993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16741]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35726]


Transport Handling Specialists, Inc.--Continuance in Control 
Exemption--RSL Railroad, LLC

    Transport Handling Specialists, Inc. (THS), has filed a verified 
notice of exemption (Notice) under 49 CFR 1180.2(d)(2) to continue in 
control of RSL Railroad, LLC (RSL), upon RSL's becoming a Class III 
rail carrier. By decision served May 15, 2013, the Board held the 
publication and effectiveness of the Notice in abeyance pending record 
supplementation and further Board action. THS supplemented the record 
on June 3, 2013, and June 17, 2013. The abeyance in this proceeding 
will be lifted upon service of this Notice.
    This transaction is related to a verified notice of exemption filed 
in RSL Railroad LLC--Operation Exemption--Massillon Energy & Technology 
Park, Docket No. FD 35672, wherein RSL is seeking Board authority to 
operate an approximately 1.27-mile line in Massillon, Stark County, 
Ohio.
    The transaction may be consummated on or after July 26, 2013 (the 
effective date of this exemption).
    THS states that it has a 50% ownership interest in RSL, with the 
remaining interest equally split among three other individuals.\1\ THS 
states that it also owns 100% of Big Spring Rail System, Inc., a Class 
III rail carrier that operates in Big Spring, Texas.\2\
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    \1\ Notice 3 (Apr. 29, 2013); Notice, Ex. 3, Schedule A.
    \2\ Supplement 2 (June 17, 2013).
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    THS certifies that: (1) The rail line to be operated by RSL does 
not connect with any other railroads in the THS corporate family; (2) 
the continuance in control is not part of a series of anticipated 
transactions that would connect the rail line to be operated by RSL 
with any other railroad in the THS corporate family; and (3) the 
transaction does not involve a Class I rail 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. Section 11326(c), however, does 
not provide for labor protection for transactions under 11324 and 11325 
that involve only Class III rail carriers. Accordingly, the Board may 
not impose labor protective conditions here because all of the carriers 
involved are Class III carriers.
    If the 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 July 19, 2013 (at least 7 
days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35726, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, one copy of each 
pleading must be served on Baxter Wellmon, 1554 Paoli Pike 
179, West Chester, PA 19380.
    Board decisions and notices are available on our Web site at 
``www.stb.dot.gov.''

    Decided: July 9, 2013.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Raina S. White,
Clearance Clerk.
[FR Doc. 2013-16741 Filed 7-11-13; 8:45 am]
BILLING CODE 4915-01-P