[Federal Register Volume 87, Number 138 (Wednesday, July 20, 2022)]
[Notices]
[Page 43369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15514]



[[Page 43369]]

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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 July 14, 2022, the Evansville Western Railway, Inc. (EVWR), 
filed a request under 49 CFR 1180.2(d)(8) for an extension of the 
temporary overhead trackage rights previously granted in this docket 
over an approximately 11.7-mile line of railroad 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 on June 8, 2022, and published in the 
Federal Register on June 13, 2022 (87 FR 35846). The purpose of the 
trackage rights is to allow EVWR to load unit coal trains at 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, but necessary, relocation of long wall mining equipment. 
Currently, the rights are scheduled to expire 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.'' EVWR seeks to extend the temporary trackage 
rights until 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.''
    Under 49 CFR 1180.2(d)(8), the parties may, prior to the expiration 
of the temporary trackage rights, 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. 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 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.
    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 15, 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 trackage rights are extended and will 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.
    2. Notice will be published in the Federal Register.
    3. This decision is effective on its service date.

    Decided: July 15, 2022.

    By the Board, Mai T. Dinh, Director, Office of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2022-15514 Filed 7-19-22; 8:45 am]
BILLING CODE 4915-01-P