Notice2023-22284
RSL Railroad, LLC-Amended Lease and Operation Exemption Containing Interchange Commitment-Line of Norfolk Southern Railway Company
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 6, 2023
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 88 Issue 193 (Friday, October 6, 2023)</title>
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[Federal Register Volume 88, Number 193 (Friday, October 6, 2023)]
[Notices]
[Page 69677]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22284]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 35754 (Sub-No. 1)]
RSL Railroad, LLC--Amended Lease and Operation Exemption
Containing Interchange Commitment--Line of Norfolk Southern Railway
Company
RSL Railroad, LLC (RSL), a Class III rail carrier, has filed a
verified notice of exemption pursuant to 49 CFR 1150.41 to continue to
lease and operate 1.4 miles of rail line, known as the South Massillon
IT, between milepost MT 0.0 and milepost MT 1.4 at Massillon, Ohio (the
Line).
According to the verified notice, RSL was authorized to operate the
Line in 2013 pursuant to a lease agreement with Norfolk Southern
Railway Company (NSR) (Lease Agreement), which provided for a fixed
lease rental payment. See RSL R.R.--Lease & Operation Exemption--Line
of Norfolk S. Ry., FD 35754 (STB served Aug. 23, 2013). RSL and NSR
amended the lease in 2015 (First Amendment), which modified the lease
rental provisions of the Lease Agreement to permit RSL to receive a
lease credit against its fixed rental payment for each revenue carload
it interchanges with NSR on the Line. See RSL R.R.--Lease Exemption
Containing Interchange Commitment--Norfolk S. Ry., FD 35990 (STB served
Jan. 28, 2016). At NSR's request, the parties have agreed to a second
amendment (Second Amendment) that extends the lease and increases the
lease rental provisions of the Lease Agreement.\1\ According to the
verified notice, RSL will continue to provide all common carrier rail
operations over the Line. All other terms and conditions of the Lease
Agreement remain in full force and effect.
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\1\ RSL has filed the Second Amendment under seal pursuant to 49
CFR 1150.43(h)(1)(ii). By motion filed on September 20, 2023, RSL
requests that the Board enter a protective order to protect the
commercially sensitive information contained in the Second
Amendment. However, under 1150.43(h)(1), this information will be
kept confidential without the need for a protective order.
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RSL certifies that its projected annual revenues as a result of the
transaction will not result in the creation of a Class II or Class I
rail carrier and will not exceed $5 million.
The transaction may be consummated on or after October 20, 2023,
the effective date of the exemption (30 days after the verified notice
was filed).
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. Petitions for stay must be filed no later than October 13,
2023 (at least seven days before the exemption becomes effective).
All pleadings, referring to Docket No. FD 35754 (Sub-No. 1), must
be filed with the Surface Transportation Board either via e-filing on
the Board's website or in writing addressed to 395 E Street SW,
Washington, DC 20423-0001. In addition, a copy of each pleading must be
served on RSL's representative, Terry A. Moore, Esq., Krugliak,
Wilkins, Griffiths & Dougherty Co., L.P.A., 4775 Munson Street NW,
Canton, Ohio 44718.
According to RSL, this action is categorically excluded from
environmental review under 49 CFR 1105.6(c) and from historic
preservation reporting requirements under 49 CFR 1105.8(b).
Board decisions and notices are available at <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: October 2, 2023.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2023-22284 Filed 10-5-23; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on October 6, 2023.
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