[Federal Register Volume 87, Number 166 (Monday, August 29, 2022)]
[Notices]
[Page 52835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18505]


=======================================================================
-----------------------------------------------------------------------

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