[Federal Register Volume 88, Number 193 (Friday, October 6, 2023)]
[Notices]
[Page 69677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 www.stb.gov.

    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