[Federal Register Volume 87, Number 113 (Monday, June 13, 2022)]
[Notices]
[Page 35846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12702]


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

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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.''
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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 www.stb.gov.

    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