[Federal Register Volume 78, Number 134 (Friday, July 12, 2013)]
[Notices]
[Page 41994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16753]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35672]


RSL Railroad LLC--Operation Exemption--Massillon Energy & 
Technology Park

    On September 10, 2012, RSL Railroad, LLC (RSL), filed a verified 
notice of exemption (Notice) under 49 CFR 1150.31 to operate an 
approximately 1.27-mile line, in Massillon, Stark County, Ohio, from 
milepost 0.0 to milepost 1.27 (the Line), pursuant to an 
agreement with Massillon Energy & Technology Park (Massillon), the 
owner of the Line. By decision served October 3, 2012, on RSL's motion, 
the Board held the Notice in abeyance pending record supplementation 
and further Board action. RSL supplemented the record on April 26, 
2013, and June 4, 2013. The abeyance in this proceeding will be lifted 
upon service of this Notice.
    This transaction is related to a notice of exemption filed in 
Transport Handling Specialists, Inc.--Continuance in Control 
Exemption--RSL Railroad, LLC, Docket No. FD 35726, in which Transport 
Handling Specialists, Inc. (THS), is seeking Board authority to 
continue in control of RSL upon RSL's becoming a Class III rail 
carrier.
    RSL states that it will operate over track that will be 
rehabilitated. RSL states that it intends to interchange traffic with 
``the NS Industrial line,'' \1\ and possibly with R.J. Corman Railroad. 
In addition, RSL states that the memorandum of understanding \2\ 
between RSL and Massillon does not contain any interchange commitments, 
and that there will be no interchange commitments between RSL and its 
connecting carriers.
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    \1\ Notice 3 (Sept. 10, 2012). The reference is to Norfolk 
Southern Railway.
    \2\ Because Massillon is not a common carrier subject to Board 
jurisdiction, RSL filed with the Board a copy of its memorandum of 
understanding with Massillon. See Anthony Macrie--Continuance in 
Control Exemption--N.J. Seashore Lines, Inc., FD 35296, et al., slip 
op. at 3 (STB served Aug. 31, 2010).
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    The transaction may be consummated on or after July 26, 2013 (the 
effective date of this exemption).
    RSL certifies that its projected annual revenues as a result of the 
transaction will not exceed those that would make it a Class III rail 
carrier and will not exceed $5 million.
    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 by July 19, 2013 (at least 
seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35672, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, a 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.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2013-16753 Filed 7-11-13; 8:45 am]
BILLING CODE 4915-01-P