Federal Register / Vol. 86, No. 102 / Friday, May 28, 2021 / Notices 28925 

end of the line at milepost 19.5 has been out of 

service and unused for many years. C&S does not 

currently operate that portion of the Rail Line and 

does not anticipate doing so under the new lease 

with RBMN. 

3The modified rail certificate was approved in 

1990. C&S R.R. Modified Rail Certificate, FD 31618 

(ICC served Apr. 18, 1990). Pursuant to 49 CFR 

1150.24, a carrier is required to provide notice of 

termination of service under a modified certificate. 

C&S should provide its notice of termination of 

operations under the modified certificate to the 

appropriate parties and file with the Board in 

Docket No. FD 31618, and should indicate in its 

notice that it will continue to provide service 

pursuant to the authority obtained in this docket. 

See D&I R.R.—Acquis. & Operation Exemption—in 

Lincoln & Union Cntys., S.D., & Lyon, Sioux, & 

Plymouth Cntys., Iowa, FD 36497, slip op. at 1 n.2, 

(STB served Apr. 13, 2021). 

1The verified notice includes evidence of the 

City’s purchase in 1981. (Notice, Ex. D.) 

2CNRY states that IORY acquired only an 

operating interest in the Line and argues that a prior 

filing by IORY incorrectly indicated that IORY 

acquired the Line, which left the Board and its 

predecessor, the Interstate Commerce Commission, 

with the mistaken impression that IORY owned the 

line. (Notice 3 & n.7.) See Ind. & Ohio Ry.—Acquis. 

& Operation Exemption—Ind. & Ohio R.R., FD 

30960 (ICC served Feb. 4, 1987) (stating that IORY 

owned the Line); see also Ind. & Ohio Ry.— 

Discontinuance of Serv. Exemption—in Warren 

Cnty., Ohio, AB 1297X, slip op. at 1 n.1 (STB served 

Feb. 28, 2020) (stating that IORY owned the Line). 

C&S states that it currently leases the 

Line from the County (through the 

Carbon County Railroad Commission) 

and operates it under a modified rail 

certificate.3 C&S states that when RBMN 

acquires the Line from the County, 

C&S’s lease with the County will be 

terminated, and C&S immediately will 

enter into a new lease with RBMN that 

will allow C&S to continue to operate 

the Line. 

According to C&S, the proposed lease 

agreement will not impose or include an 

interchange commitment. Further, C&S 

certifies that its projected annual 

revenue will not exceed $5 million and 

will not result in the creation of a Class 

I or II rail carrier. 

The earliest this transaction may be 

consummated is June 13, 2021, 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 June 4, 2021 (at 

least seven days before the exemption 

becomes effective). 

All pleadings, referring to Docket No. 

FD 36517, should be filed with the 

Surface Transportation Board via efiling on the Board’s website. In 

addition, a copy of each pleading must 

be served on C&S’s representative: Eric 

M. Hocky, Clark Hill PLC, Two 

Commerce Square, 2001 Market St., 

Suite 2620, Philadelphia, PA 19103. 

According to C&S, 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: May 25, 2021. 

By the Board, Scott M. Zimmerman, Acting 

Director, Office of Proceedings. 

Aretha Laws-Byrum, 

Clearance Clerk. 

[FR Doc. 2021–11350 Filed 5–27–21; 8:45 am] 

BILLING CODE 4915–01–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. FD 36491] 

The Cincinnati Railway Company— 

Modified Rail Certificate 

The Cincinnati Railway Company 

(CNRY) has filed a notice for a modified 

certificate of public convenience and 

necessity under 49 CFR part 1150 

subpart C—Modified Certificate of 

Public Convenience and Necessity, to 

operate a rail line extending 

approximately 5.6 miles between 

milepost 1.10 in Lebanon, Ohio, 

southerly to milepost 6.70 at Hageman 

Junction, all in Warren County, Ohio 

(the Line). CNRY states that the Line is 

owned by the City of Lebanon, Ohio (the 

City). 

CNRY states that the Line previously 

was owned by the Penn Central 

Corporation (Penn Central), as successor 

to the Pennsylvania Railroad System, 

and that Penn Central sold the Line to 

the City in 1981. (Notice 4.) 1 CNRY 

states that the City has engaged various 

carriers to operate the Line, including 

the Indiana & Ohio Railway Company 

(IORY) and its corporate predecessor, 

the Indiana & Ohio Railroad Company 

(IOR).2

CNRY and the City have signed an 

agreement authorizing CNRY to operate 

the Line until January 28, 2025. CNRY 

filed a copy of the agreement under seal. 

(See Notice, Ex. E.) 

According to CNRY, the sole 

connection for the Line is with IORY at 

Hageman Junction. 

The Line qualifies for a modified 

certificate of public convenience and 

necessity. See Common Carrier Status of 

States, State Agencies & 

Instrumentalities & Pol. Subdivisions, 

FD 28990F (ICC served July 16, 1981); 

49 CFR 1150.22. 

CNRY states that no subsidy is 

involved and there are no preconditions 

that shippers must meet to receive rail 

service, except those consistent with the 

Board’s general regulation of common 

carrier service. CNRY also provides 

information regarding the nature and 

extent of its liability insurance coverage. 

See 49 CFR 1150.23(b)(4)-(5). 

This notice will be served on the 

Association of American Railroads (Car 

Service Division), as agent for all 

railroads subscribing to the car-service 

and car-hire agreement, at 425 Third 

Street SW, Suite 1000, Washington, DC 

20024; and on the American Short Line 

and Regional Railroad Association at 50 

F Street NW, Suite 7020, Washington, 

DC 20001. 

Board decisions and notices are 

available at www.stb.gov. 

Decided: May 24, 2021. 

By the Board, Scott M. Zimmerman, Acting 

Director, Office of Proceedings. 

Tammy Lowery, 

Clearance Clerk. 

[FR Doc. 2021–11303 Filed 5–27–21; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Notice of Intent of Waiver With Respect 

to Land; Prairie Du Chien Municipal 

Airport, Prairie Du Chien, WI 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice. 

SUMMARY: The FAA is considering a 

proposal to change 0.50 acres (future 

Parcel 17D) of Clear Zone Easement 

contained in Parcel 17B to Avigation 

Easement in exchange for converting 

2.94 acres of land currently not 

controlled by the Airport Sponsor 

(future Parcel 36) to an Avigation 

Easement for approach protection. Both 

Parcel 17B and future Parcel 36 are 

owned by Crossing Rivers Health Center 

(and are being sold to a commercial 

developer) and located adjacent to 

Prairie du Chien Municipal Airport, 

Prairie du Chien, WI. The proposed 

release of 0.50 acres of Clear Zone 

Easement to Avigation Easement is not 

in the Runway Protection Zone (RPZ). 

The release of 0.50 acres from Clear 

Zone Easement to Avigation Easement is 

required to allow development on the 

property that is being sold by the 

Crossing Rivers Health Center. The 

conversion from Clear Zone Easement to 

Avigation Easement will not result in 

any impact to surfaces protected by Part 

77 or airport design surfaces. The Clear