[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]
BILLING CODE 4915-00-P
