[Federal Register Volume 62, Number 238 (Thursday, December 11, 1997)]
[Notices]
[Pages 65306-65307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32268]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33524]


Southwest Ohio Regional Transit Authority--Acquisition 
Exemption--Certain Assets of the Indiana & Ohio Railway Company

    Southwest Ohio Regional Transit Authority (SORTA), a noncarrier, 
has filed a verified notice of exemption under 49 CFR part 1150, 
subpart D--Exempt Transactions to acquire an approximately 9.84-mile 
line of railroad known as the Blue Ash Line from the Indiana & Ohio 
Railway Company (I&O). The Blue Ash Line is located northeast of 
Cincinnati, between milepost 49.6, north of McCullough Yard, and 
milepost 39.76, near Fields-Ertel Road, in Hamilton County, OH. SORTA 
will not acquire the right to operate any rail freight service on the 
Blue Ash Line; I&O will retain the exclusive right and obligation to 
provide rail freight service on the Blue Ash Line. 1 SORTA 
will

[[Page 65307]]

acquire certain physical assets to allow construction and operation of 
a passenger rail transit system. The notice states that the transaction 
would be consummated no sooner than the December 1, 1997 effective date 
of the exemption. The accompanying motion to dismiss indicates that the 
transaction is expected to be consummated by December 31, 1997.
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    \1\  SORTA simultaneously filed a motion to dismiss the notice 
of exemption. The entire Board will address the jurisdictional issue 
raised by the motion to dismiss in a subsequent decision.
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    This notice is filed under 49 CFR 1150.31. If the notice contains 
false or misleading information, the exemption is void ab initio. A 
petition 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 transaction. An original and 10 copies of all pleadings, 
referring to Finance Docket No. 33524, must be filed with the Surface 
Transportation Board, Office of the Secretary, Case Control Branch, 
1925 K Street, N.W., Washington, DC 20423-0001. In addition, a copy of 
each pleading must be served on Kevin M. Sheys, Oppenheimer Wolff & 
Donnelly, 1020 Nineteenth Street, N.W. Suite 400, Washington, DC 20036-
6105.

    Decided: December 3, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-32268 Filed 12-10-97; 8:45 am]
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