Notice2022-18505
Evansville Western Railway, Inc.-Temporary Trackage Rights Exemption-Illinois Central Railroad Company
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 29, 2022
Issuing agencies
Surface Transportation Board
Full Text
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<title>Federal Register, Volume 87 Issue 166 (Monday, August 29, 2022)</title>
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[Federal Register Volume 87, Number 166 (Monday, August 29, 2022)]
[Notices]
[Page 52835]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18505]
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SURFACE TRANSPORTATION BOARD
[Docket No. FD 36622 (Sub-No. 1)]
Evansville Western Railway, Inc.--Temporary Trackage Rights
Exemption--Illinois Central Railroad Company
On August 16, 2022, the Evansville Western Railway, Inc. (EVWR),
filed a request under 49 CFR 1180.2(d)(8) for an additional extension
of the temporary overhead trackage rights previously granted in this
docket over an approximately 11.7-mile rail line owned by Illinois
Central Railroad Company, between Sugar Camp, Ill., at milepost 61.9,
and Dial, Ill., at milepost 73.6 (the Line).
EVWR was authorized to acquire these trackage rights over the Line
by notice of exemption served in Docket No. FD 36622 on June 8, 2022,
and published in the Federal Register on June 13, 2022 (87 FR 35,846).
These trackage rights were extended in a decision served in this
subdocket on July 15, 2022, and published in the Federal Register on
July 20, 2022 (87 FR 43,369). The purpose of the trackage rights is to
allow EVWR to load unit coal trains at the Pond Creek Mine near Dial
until EVWR's service at the Sugar Camp Mine can be restored following
the mine's closure due to a mine fire and the unrelated relocation of
long wall mining equipment. The rights were scheduled to expire on the
earlier of (i) August 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.'' Evansville W. Ry.--
Temporary Trackage Rights Exemption--Ill. Cent. R.R., FD 36622 (Sub-No.
1), slip op. at 2 (STB served July 15, 2022). EVWR now seeks to further
extend the temporary trackage rights until the earlier of (i) August
31, 2022, or (ii) the reopening of the Sugar Camp Mine ``with
sufficient production to fulfill the required requested loadings of
unit trains of coal.'' (August 16 Pleading 4.)
Under 49 CFR 1180.2(d)(8), the parties may, prior to the expiration
of the relevant period, file a request for a renewal of the temporary
rights for an additional period of up to one year, including the
reasons for the extension. Otherwise, no authorization from the Board
is necessary for carriers to discontinue temporary trackage rights as
of the specified expiration date. EVWR states that the Sugar Camp Mine
is expected to remain inoperable for several more weeks and that an
extension of the temporary trackage rights will allow it to continue
service to its shippers by loading unit coal trains at the Pond Creek
Mine until EVWR's service at the Sugar Camp Mine can be restored. EVWR
filed a copy of an executed amendment to the temporary trackage rights
agreement with its request for an extension.
EVWR did not request the extension before the rights expired on
August 15. However, given the short period between expiration of the
rights and the request for renewal, the emergency nature of the
trackage rights given the fire at the Sugar Camp Mine, and the need to
minimize any interruption of rail service, the Board finds good cause
to waive the provisions of 49 CFR 1180.2(d)(8) to the extent that they
would prohibit an extension of the temporary trackage rights here, and
to permit EVWR to seek an extension after the brief expiration of the
temporary trackage rights here.
Should EVWR require a further extension, EVWR should make every
effort to account for the full period EVWR anticipates will be needed
for the Sugar Camp Mine to reopen, so that still further requests will
not be necessary. In addition, in light of the Board's regulations, and
to ensure continued service without interruption, EVWR is reminded to
submit any further extension request before expiration of the temporary
trackage rights granted here to allow for the Board's timely
consideration of the request.
In accordance with 49 CFR 1180.2(d)(8), EVWR's temporary trackage
rights over the Line will be extended and will expire on or before
August 31, 2022, as explained above. The employee protective conditions
imposed in the June 8, 2022 notice remain in effect. Notice of the
extension will be published in the Federal Register.
It is ordered:
1. EVWR's temporary overhead trackage rights are extended and will
expire on the earlier of (i) August 31, 2022, or (ii) the reopening of
the Sugar Camp Mine with sufficient production to fulfill the required
requested loadings of unit trains of coal.
2. The provisions of 49 CFR 1180.2(d)(8) are waived to the extent
that they would prohibit an extension of the temporary trackage rights
here.
3. Notice will be published in the Federal Register.
4. This decision is effective on its service date.
Decided: August 23, 2022.
By the Board, Board Members Fuchs, Hedlund, Oberman, Primus, and
Schultz.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2022-18505 Filed 8-26-22; 8:45 am]
BILLING CODE 4915-01-P
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</html>Indexed from Federal Register on August 29, 2022.
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