Federal Register, Volume 62 Issue 141 (Wednesday, July 23, 1997)

[Federal Register Volume 62, Number 141 (Wednesday, July 23, 1997)]
[Notices]
[Pages 39602-39603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19375]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Docket No. AB-336 (Sub-No. 6)]


Indiana Hi-Rail Corporation, Debtor--Abandonment--In Putman and 
Van Wert Counties, Oh, and Adams County, IN

    On July 8, 1997, the Trustee of Indiana Hi-Rail Corporation, Debtor 
(IHRC) filed with the Surface Transportation Board, Washington, DC 
20423, an application under the Bankruptcy Code, 11 U.S.C. 1170(b), to 
abandon two segments of a line of railroad known as the St. Mary's 
District Line. The line segments extend: (1) From milepost TS 65.5 near 
Douglas, OH, to milepost TS 73.7 at Delphos, OH (the Douglas Line 
Segment); and (2) from milepost TS 77.5 near Landeck, OH, to milepost 
TS 117.8 near Craigsville, IN (the Landeck Line Segment), a total 
distance of 48.5 miles, located in Putnam and Van Wert Counties, OH, 
and Adams County, IN. The line includes the stations of Wilshire, OH 
(milepost TS 99.5), Ohio City, OH (milepost TS 90.0), Ft. Jennings, OH 
(milepost TS 68.7), Douglas, OH (milepost TS 66.0) and Decatur, IN 
(milepost TS 108.0), and traverses U.S. Postal Service ZIP Codes 46731, 
46733, 46780, 45898, 45874, 45894, 45833, 45844 and 45876.
    Pursuant to 49 CFR 1152.24(e)(5), IHRC requests waiver of some or 
all of the requirements contained in: 49 CFR 1152.20(a)(3) and (4) 
(posting and publication requirements); 49 CFR 1152.20(b)(1) (time 
limits for service of the notice of intent); 49 CFR 1152.22(d) (revenue 
and cost data),¹ 49 CFR 1152.22(i) (Board's 20-day time 
frame for publication of notice in Federal Register); and 49 CFR 
1152.26 (procedural schedule governing abandonment applications).
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    \1\ While not adhering to the strict financial requirements of 
49 CFR 1152.22(d), IHRC did calculate its avoidable costs to the 
extent that the financial data were available.
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    IHRC is a bankrupt rail carrier. The application contains 
sufficient information for the Board to make a recommendation report to 
the Bankruptcy Court.² Requiring IHRC to comply with these 
cited regulations would serve no useful purpose, but would impose an 
unnecessary burden on IHRC. Therefore, the waiver request will be 
granted.
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    \2\ Because the Board's role in the abandonment is advisory, 
IHRC is not obligated to file environmental or historic information. 
See 49 CFR 1105.5(c).
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    The line does not contain federally granted rights-of-way. Any 
documentation in the railroad's possession will be made available 
promptly to those requesting it. This line of railroad has appeared on 
the applicant's system diagram map (SDM) or has been included in its 
narrative in category 1 since July 8, 1997. Despite the fact that the 
line was not previously identified on an SDM filed by the applicant as 
would normally be required by the Board's regulations, the application 
will not be rejected under these circumstances in which a bankrupt 
carrier has submitted to the Board an abandonment application pursuant 
to an order of the Bankruptcy Court. See 49 CFR 1152.24(e)(1).
    The interest of railroad employees will be protected by Oregon 
Short Line R. Co.-- Abandonment--Goshen, 360 I.C.C. 91 (1979).
    By order dated June 26, 1997,³ the United States 
Bankruptcy Court, Southern District of Indiana, Indianapolis Division, 
directed the Board to respond and issue an advisory opinion on the 
proposed abandonment application by August 18, 1997. The Board's rules 
anticipate that protests or comments on an abandonment

[[Page 39603]]

application would be due 45 days after the filing of the application. 
In this case, the court's deadline is August 18, 1997 (only 41 days 
after the July 8, 1997 filing). In order to be in a position to make a 
recommendation to the court as soon as possible, a shortened procedural 
schedule will be adopted here. Any interested person may file with the 
Board written comments concerning the proposed abandonment or protests 
(including the protestant's entire opposition case). Written comments 
and protests must indicate the proceeding designation STB Docket No. 
AB-336 (Sub-No. 6) and should be filed with the Secretary, Surface 
Transportation Board, Washington, DC 20423-0001, by August 7, 1997. 
Applicant's reply to opposition case must be filed by August 12, 1997. 
If the record that is developed permits it, the Board will be able to 
issue its advisory opinion by August 18, 1997, or shortly thereafter. A 
copy of each written comment or protest shall be served upon the 
representative of the applicant: Charles H. White, Jr., Galland, 
Kharasch & Garfinkle, P.C., Canal Square, 1054 Thirty-First Street, 
N.W., Washington, DC 20007-4492. The original and 10 copies of all 
comments or protests shall be filed with the Board with a certificate 
of service. Except as otherwise set forth in 49 CFR part 1152, every 
document filed with the Board must be served on all parties to the 
abandonment proceeding. 49 CFR 1104.12(a).
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    \3\ Case No. 94-08502-B-V-11, In re Sagamore National 
Corporation a/k/a Indiana Hi Rail Corporation a/k/a Sagnant, Debtor.
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    Persons seeking further information concerning abandonment 
procedures may contact the Board's Office of Public Services at (202) 
565-1592 or refer to the full abandonment or discontinuance regulations 
at 49 CFR part 1152. (TDD for the hearing impaired is available at 
(202) 565-1695.)
    A copy of this notice will be mailed to the Bankruptcy Court at 
this address: The Honorable Larry Lessen, United States Bankruptcy 
Court, Southern District of Indiana, Indianapolis Division, Room 116, 
U.S. Courthouse, 46 East Ohio Street, Indianapolis, IN 46204.

    Decided: July 17, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-19375 Filed 7-22-97; 8:45 am]
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