Notice2022-12702
Evansville Western Railway, Inc.-Temporary Trackage Rights Exemption-Illinois Central Railroad Company
Primary source
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Published
June 13, 2022
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 87 Issue 113 (Monday, June 13, 2022)</title>
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[Federal Register Volume 87, Number 113 (Monday, June 13, 2022)]
[Notices]
[Page 35846]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12702]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36622]
Evansville Western Railway, Inc.--Temporary Trackage Rights
Exemption--Illinois Central Railroad Company
Evansville Western Railway, Inc. (EVWR), a Class II railroad, has
filed a verified notice of exemption under 49 CFR 1180.2(d)(8) for the
acquisition of temporary trackage rights, for overhead operations, over
approximately 11.7 miles of rail line owned by Illinois Central
Railroad Company (CN) between Sugar Camp, Ill., at milepost 61.9, and
Dial, Ill., at milepost 73.6, pursuant to the terms of a written
temporary trackage rights agreement dated May 23, 2022 (Agreement).\1\
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\1\ A redacted copy of the Agreement is attached to the verified
notice. An unredacted copy has been filed under seal along with a
motion for protective order pursuant to 49 CFR 1104.14. That motion
is addressed in a separate decision.
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EVWR states that the purpose of the temporary trackage rights is to
allow it to load unit coal trains at Pond Creek Mine near Dial until
EVWR's service at the Sugar Camp Mine can be restored following closure
due to a mine fire and the unrelated, but necessary, relocation of long
wall mining equipment.\2\ According to EVWR, the temporary trackage
rights will expire and terminate on the earlier of: (i) July 15, 2022,
or (ii) the re-opening of the Sugar Camp Mine ``with sufficient
production to fulfill the required requested loadings of unit trains of
coal.''
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\2\ EVWR states that the Sugar Camp Mine consists of two
separate mines, M Class and Viking. According to EVWR, M Class was
forced to shut down due to a fire at the mine and Viking had to
close to accommodate the relocation of long wall mining equipment to
another location at the mine.
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EVWR concurrently filed a petition for waiver of the 30-day period
under 49 CFR 1180.4(g)(1) to allow the proposed temporary trackage
rights to become effective immediately. By decision served June 8,
2022, the Board granted EVWR's request. As a result, this exemption is
now effective.
As a condition to this exemption, any employees affected by the
acquisition of the temporary trackage rights will be protected by the
conditions imposed in Norfolk & Western Railway--Trackage Rights--
Burlington Northern, Inc., 354 I.C.C. 605 (1978), as modified in
Mendocino Coast Railway--Lease & Operate--California Western Railroad,
360 I.C.C. 653 (1980), and any employees affected by the discontinuance
of those trackage rights will be protected by the conditions set out in
Oregon Short Line Railroad--Abandonment Portion Goshen Branch Between
Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91
(1979).
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.
All pleadings, referring to Docket No. FD 36622, must be filed with
the Surface Transportation Board either via e-filing or in writing
addressed to 395 E Street SW, Washington, DC 20423-0001. In addition, a
copy of each pleading must be served on EVWR's representative, William
A. Mullins, Baker & Miller PLLC, Suite 300, 2401 Pennsylvania Ave. NW,
Washington, DC 20037.
According to EVWR, this action is categorically excluded from
environmental review under 49 CFR 1105.6(c) and from historic reporting
under 49 CFR 1105.8(b)(3).
Board decisions and notices are available at <a href="http://www.stb.gov">www.stb.gov</a>.
Decided: June 8, 2022.
By the Board, Scott M. Zimmerman, Acting Director, Office of
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2022-12702 Filed 6-10-22; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on June 13, 2022.
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