42536 Federal Register / Vol. 87, No. 135 / Friday, July 15, 2022 / Notices 

1SMS submitted its verified notice of exemption 

on June 10, 2022, and filed a supplement on June 

29, 2022. In light of the supplement, June 29, 2022, 

is deemed the filing date of the verified notice. 

2According to the verified notice, the trackage to 

be leased also includes approximately 0.8 miles of 

‘‘sidings, passing and yard tracks.’’ 

3 JP Rail acquired authority to operate the Line in 

1995. See JP Rail, Inc. d/b/a S. R.R. of N.J.—Notice 

of Exemption—Operation of Salem Branch Rail 

Line in Salem Cnty., N.J., FD 32700 (ICC served Oct. 

10, 1995). U S Rail acquired authority to operate the 

Line in 2009. See U S Rail Corp.—Operation 

Exemption—U S Rail Corp. of N.J., FD 35317 (STB 

served Nov. 27, 2009); see also U S Rail Corp. of 

N.J.—Lease Exemption—Cnty. of Salem, N.J., FD 

35310 (STB served Nov. 27, 2009). Neither rail 

carrier has sought Board authority to discontinue 

operations over the Line. See JP Rail, Inc. d/b/a S. 

R.R. of N.J.—Operation Exemption—Rail Line in 

Salem Cnty., N.J., FD 35596, slip op. at 1–2 n.1 

(STB served Feb. 29, 2012). 

4According to the verified notice, SMS has 

attempted to contact U S Rail but the company is 

unreachable. Additionally, SMS states that it cannot 

confirm whether U S Rail currently operates in the 

region where the Line is located. However, an 

attachment to the verified notice shows that the 

Ohio Secretary of State website lists U S Rail as an 

active corporation. Because U S Rail has not 

consented to the discontinuance of its operating 

authority, this notice of exemption does not apply 

to U S Rail, and U S Rail retains its authority to 

operate the Line. However, U S Rail may seek Board 

authority to discontinue operations over the Line, 

or a third party may request that the Board 

authorize an ‘‘adverse’’ discontinuance of U S Rail’s 

operating authority. 

Total Estimated Annual Hour Burden: 

196. 

Curtis B. Rich, 

Agency Forms Manager. 

[FR Doc. 2022–15176 Filed 7–14–22; 8:45 am] 

BILLING CODE 8026–09–P 

DEPARTMENT OF STATE 

[Public Notice 11784] 

Notice of Determinations; Culturally 

Significant Objects Being Imported for 

Exhibition—Determinations: ‘‘The 

Space Between: The Modern in Korean 

Art’’ Exhibition 

SUMMARY: Notice is hereby given of the 

following determinations: I hereby 

determine that certain objects being 

imported from abroad pursuant to 

agreements with their foreign owners or 

custodians for temporary display in the 

exhibition ‘‘The Space Between: The 

Modern in Korean Art’’ at the Los 

Angeles County Museum of Art, Los 

Angeles, California, and at possible 

additional exhibitions or venues yet to 

be determined, are of cultural 

significance, and, further, that their 

temporary exhibition or display within 

the United States as aforementioned is 

in the national interest. I have ordered 

that Public Notice of these 

determinations be published in the 

Federal Register. 

FOR FURTHER INFORMATION CONTACT: Chi 

D. Tran, Program Administrator, Office 

of the Legal Adviser, U.S. Department of 

State (telephone: 202–632–6471; email: 

section2459@state.gov). The mailing 

address is U.S. Department of State, L/ 

PD, 2200 C Street NW (SA–5), Suite 

5H03, Washington, DC 20522–0505. 

SUPPLEMENTARY INFORMATION: The 

foregoing determinations were made 

pursuant to the authority vested in me 

by the Act of October 19, 1965 (79 Stat. 

985; 22 U.S.C. 2459), E.O. 12047 of 

March 27, 1978, the Foreign Affairs 

Reform and Restructuring Act of 1998 

(112 Stat. 2681, et seq.; 22 U.S.C. 6501 

note, et seq.), Delegation of Authority 

No. 234 of October 1, 1999, Delegation 

of Authority No. 236–3 of August 28, 

2000, and Delegation of Authority No. 

523 of December 22, 2021. 

Stacy E. White, 

Deputy Assistant Secretary for Professional 

and Cultural Exchanges, Bureau of 

Educational and Cultural Affairs, Department 

of State. 

[FR Doc. 2022–15202 Filed 7–14–22; 8:45 am] 

BILLING CODE 4710–05–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. FD 36529] 

SMS Rail Service, Inc.—Change in 

Operator Exemption Including 

Acquisition by Lease—Salem Branch 

Line in Salem and Gloucester 

Counties, N.J. 

SMS Rail Service, Inc. (SMS), a Class 

III rail carrier, has filed a verified notice 

of exemption 1 pursuant to 49 CFR 

1150.41 to assume operations over 

approximately 19.4 miles of rail line 

extending from milepost 11.0 in 

Swedesboro, N.J., to milepost 28.4 in the 

Salem Rail Yard in Salem City, N.J., 

including the Glass House Branch Spur 

extending from milepost 0.0 to milepost 

1.2 in Salem City, N.J. (the Line), which 

is owned by Salem County, N.J. (the 

County).2 Currently, U S Rail 

Corporation (U S Rail) and JP Rail, Inc. 

d/b/a Southern Railroad Company of 

New Jersey (JP Rail), both Class III rail 

carriers, possess Board authority to 

operate the Line.3

According to the verified notice, SMS 

has entered into an agreement with the 

County to provide exclusive rail service 

over the Line, and JP Rail has consented 

to the proposed change in operators and 

discontinuance of its operating 

authority.4

As required under 49 CFR 1150.43(h), 

SMS certifies that the proposed 

transaction does not involve a provision 

or agreement that may limit future 

interchange with a third-party 

connecting carrier. 

SMS certifies that its projected 

revenues as a result of the transaction 

will not result in the creation of a Class 

I or Class II rail carrier but also states 

that its annual revenues will exceed $5 

million following the transaction. 

Pursuant to 49 CFR 1150.42(e), if a 

carrier’s projected revenues will exceed 

$5 million, it must, at least 60 days 

before the exemption becomes effective, 

post a notice of its intent to undertake 

the proposed transaction at the 

workplace of the employees on the 

affected lines, serve a copy of the notice 

on the national offices of the labor 

unions with employees on the affected 

lines, and certify to the Board that it has 

done so. SMS states that it complied 

with the advance notice posting 

requirements of 49 CFR 1150.42(e) on 

June 29, 2022, and that SMS has been 

advised that no labor union represents 

JP Rail employees. 

Under 49 CFR 1150.42(b), a change in 

operator exemption requires that notice 

be given to shippers. SMS certifies that 

it has provided notice of the proposed 

change in operator to the sole shipper 

on the Line. 

The transaction may be consummated 

on or after August 28, 2022, the effective 

date of the exemption (60 days after 

SMS’s certification under 49 CFR 

1150.42(e)). 

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. Petitions for stay must 

be filed no later than August 19, 2022 

(at least seven days before the 

exemption becomes effective). 

All pleadings, referring to Docket No. 

FD 36529, must be filed with the 

Surface Transportation Board either via 

e-filing on the Board’s website or in 

writing addressed to 395 E Street SW, 

Washington, DC 20423–0001. In 

addition, a copy of each pleading must 

be served on SMS’s representative, 

Robert A. Klein, Berkowitz Klein, LLP, 

629 B Swedesford Road, Swedesford 

Corporate Center, Malvern, PA 19355– 

1530. 

According to SMS, this action is 

categorically excluded from 

environmental review under 49 CFR 

1105.6(c) and from historic preservation 

reporting requirements under 49 CFR 

1105.8(b). 

Board decisions and notices are 

available at www.stb.gov. 

Decided: July 12, 2022. 


jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 135 / Friday, July 15, 2022 / Notices 42537 

1Although the map appended to the verified 

notice as Exhibit A–2 may not provide the detail 

called for under 49 CFR 1180.6(a)(6), the list of 

states provided under § 1180.6(a)(5) indicates that 

no other Class III railroad controlled by Omni-HGS 

operates in Indiana, where RRR proposes to operate. 

By the Board, Mai T. Dinh, Director, Office 

of Proceedings. 

Brendetta Jones, 

Clearance Clerk. 

[FR Doc. 2022–15196 Filed 7–14–22; 8:45 am] 

BILLING CODE 4915–01–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. FD 36626] 

OmniTRAX Holdings Combined, Inc., 

and HGS Railway Holdings, Inc.— 

Continuance in Control Exemption— 

Omni River Ridge, LLC d/b/a River 

Ridge Railroad 

OmniTRAX Holdings Combined, Inc. 

(OmniTRAX), and HGS Railway 

Holdings, Inc. (HGS) (collectively, 

Omni-HGS), both noncarriers, have filed 

a verified notice of exemption under 49 

CFR 1180.2(d)(2) to continue in control 

of Omni River Ridge, LLC d/b/a River 

Ridge Railroad (RRR), a noncarrier 

controlled by OmniTRAX, upon RRR’s 

becoming a Class III rail carrier. 

This transaction is related to a 

verified notice of exemption filed 

concurrently in Omni River Ridge, LLC 

d/b/a River Ridge Railroad—Operation 

Exemption—in Clark County, Ind., 

Docket No. FD 36625, in which RRR 

seeks to operate approximately 0.943 

miles of track that extends from a point 

of connection with a line of CSX 

Transportation, Inc., Hoosier 

Subdivision, Branch NABB BR, at 

milepost B 0041.950 at Charlestown, 

Ind., roughly southward for 4,980 feet to 

the north end of the wye track in Clark 

County, Ind. 

Omni-HGS states that it will continue 

in control of RRR upon RRRs becoming 

a railroad common carrier. According to 

the verified notice, OmniTRAX and 

HGS are under joint managerial and 

operational control. OmniTRAX 

currently controls 20 Class III rail 

carriers: Alabama & Tennessee River 

Railway, LLC; Brownsville & Rio Grande 

International Railway, LLC; Central 

Texas & Colorado River Railway, LLC; 

Chicago Rail Link, L.L.C.; Cleveland & 

Cuyahoga Railway, LLC; Fulton County 

Railway, LLC; Georgia & Florida 

Railway, LLC; Georgia Woodlands 

Railroad, L.L.C.; Great Western Railway 

of Colorado, L.L.C.; Illinois Railway, 

LLC; Kettle Falls International Railway, 

LLC; Manufacturers’ Junction Railway, 

L.L.C.; Nebraska, Kansas and Colorado 

Railway, LLC; The Newburgh & South 

Shore Railroad, LLC; Northern Ohio & 

Western Railway, L.L.C.; Panhandle 

Northern Railroad, L.L.C.; Peru 

Industrial Railroad, LLC; Sand Springs 

Railway Company; Stockton Terminal 

and Eastern Railroad; and The 

Winchester and Western Railroad 

Company. HGS controls two Class III 

railroads: HGS–ATN, LLC; and HGS– 

FCR, LLC. 

Omni-HGS represents that: (1) the rail 

line to be operated by RRR does not 

connect with the rail lines of any of the 

rail carriers controlled by Omni-HGS; 1

(2) the transaction is not part of a series 

of anticipated transactions that would 

result in such a connection; and (3) the 

transaction does not involve a Class I 

rail carrier. The proposed transaction is 

therefore exempt from the prior 

approval requirements of 49 U.S.C. 

11323 pursuant to 49 CFR 1180.2(d)(2). 

The transaction may be consummated 

on or after July 29, 2022, the effective 

date of the exemption (30 days after the 

verified notice was filed). 

Under 49 U.S.C. 10502(g), the Board 

may not use its exemption authority to 

relieve a rail carrier of its statutory 

obligation to protect the interests of its 

employees. However, 49 U.S.C. 11326(c) 

does not provide for labor protection for 

transactions under 49 U.S.C. 11324 and 

11325 that involve only Class III rail 

carriers. Because this transaction 

involves Class III rail carriers only, the 

Board, under the statute, may not 

impose labor protective conditions for 

this transaction. 

If the verified notice contains false or 

misleading information, the exemption 

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. Petitions for stay must 

be filed no later than July 22, 2022 (at 

least seven days before the exemption 

becomes effective). 

All pleadings, referring to Docket No. 

FD 36626, must be filed with the 

Surface Transportation Board via efiling on the Board’s website or in 

writing addressed to 395 E Street SW, 

Washington, DC 20423–0001. In 

addition, one copy of each pleading 

must be served on Omni-HGS’s 

representative, Robert A. Wimbish, 

Fletcher & Sippel LLC, 29 North Wacker 

Drive, Suite 800, Chicago, IL 60606– 

3208. 

According to Omni-HGS, this action 

is categorically excluded from 

environmental review under 49 CFR 

1105.6(c) and from historic reporting 

requirements under 49 CFR 1105.8(b). 

Board decisions and notices are 

available at www.stb.gov. 

Decided: July 12, 2022. 

By the Board, Mai T. Dinh, Director, Office 

of Proceedings. 

Raina White, 

Clearance Clerk. 

[FR Doc. 2022–15191 Filed 7–14–22; 8:45 am] 

BILLING CODE 4915–01–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. FD 36625] 

Omni River Ridge, LLC d/b/a River 

Ridge Railroad—Operation 

Exemption—in Clark County, Ind. 

Omni River Ridge, LLC d/b/a River 

Ridge Railroad (RRR), a noncarrier 

controlled by short line holding 

company OmniTRAX Holdings 

Combined, Inc. 

(OmniTRAX) has filed a verified 

notice of exemption pursuant to 49 CFR 

1150.31 to operate a segment of track 

that extends from a point of connection 

with a line of CSX Transportation, Inc., 

Hoosier Subdivision, Branch NABB BR, 

at milepost B 0041.950 at Charlestown, 

Ind., roughly southward for 4,980 feet to 

the north end of the wye track 

(proximate to Patrol Road), a distance of 

approximately 0.943 miles in Clark 

County, Ind. (the Line). 

This transaction is related to a 

concurrently filed verified notice of 

exemption in OmniTRAX Holdings 

Combined, Inc.—Continuance in 

Control Exemption—Omni River Ridge, 

LLC d/b/a River Ridge Railroad, Docket 

No. FD 36626, in which OmniTRAX and 

HGS Railway Holdings seek to continue 

in control of RRR upon RRR’s becoming 

a Class III rail carrier. 

According to the verified notice, the 

Line was historically used for noncommon carrier railroad purposes. RRR 

states that it has acquired the title to the 

assets that comprise the Line and seeks 

Board authorization to initiate railroad 

common carrier operations over the 

Line. 

RRR states that the proposed 

transaction does not involve any 

provision or agreement that would limit 

future interchange on the Line with a 

third-party connecting carrier. RRR 

certifies that its projected annual 

revenue will not exceed $5 million and 

that the proposed transaction will not 

result in RRR’s becoming a Class I or II 

rail carrier. 

The earliest this transaction may be 

consummated is July 29, 2022, the 

effective date of the exemption (30 days 

after the verified notice was filed). 

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) 


jspears on DSK121TN23PROD with NOTICES1