[Federal Register Volume 86, Number 102 (Friday, May 28, 2021)]
[Notices]
[Page 28925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11303]


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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\
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    \1\ The verified notice includes evidence of the City's purchase 
in 1981. (Notice, Ex. D.)
    \2\ CNRY 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).
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    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