[Federal Register Volume 60, Number 97 (Friday, May 19, 1995)]
[Rules and Regulations]
[Pages 26839-26840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12338]



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INTERSTATE COMMERCE COMMISSION

49 CFR Part 1039

[Ex Parte No. 346 (Sub-No. 35)]


Rail General Exemption Authority--Exemption of Ferrous 
Recyclables

AGENCY: Interstate Commerce Commission.

ACTION: Final rule.

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SUMMARY: Pursuant to its authority, the Commission is exempting from 
regulation the transportation by rail of iron and steel scrap (STCC No. 
40-211) and steel shipping containers (STCC No. 34-912). These 
commodities are added to the list of exempt commodities, as set forth 
below.

EFFECTIVE DATE: June 18, 1995.

FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 927-5610. [TDD for 
the hearing impaired: (202) 927-5721.]

SUPPLEMENTARY INFORMATION: On August 24, 1994, at 59 FR 43528, we 
requested comments on a proposal by the Association of American 
Railroads (AAR) and the Institute of Scrap Recycling Industries, Inc. 
(ISRI) (collectively, petitioners), to exempt from regulation under 49 
U.S.C. 10505 the rail transportation of certain ferrous recyclables. 
After receiving and analyzing the comments filed in this proceeding, we 
now partially approve petitioners' proposal. We exempt iron and steel 
scrap (STCC No. 40-211) and steel shipping containers (STCC No. 34-912) 
from regulation, but decline at this time to exempt blast furnace, open 
hearth, rolling mill, or coke oven products, NEC (STCC No. 33-119).
    We reaffirm our initial finding that the exemption will not 
significantly affect either the quality of the human environment or the 
conservation of energy resources.
    We also reaffirm our initial finding that the exemption will not 
have a significant economic impact on a substantial number of small 
entities.
    For further information, see the Commission's printed decision. To 
obtain a copy of the full decision, write to, call, or pick up in 
person from: Dynamic Concepts, Inc., Interstate Commerce Commission 
Building, 1201 Constitution Avenue, NW., Room 2229, Washington, DC 
20423. Telephone (202) 289-4357/4359. [Assistance for the hearing 
impaired is available through TDD services (202) 927-5721.]

List of Subjects in 49 CFR Part 1039

    Intermodal transportation, Manufactured commodities, Railroads.

    Decided: April 28, 1995.

    By the Commission, Chairman Morgan, Vice Chairman Owen, and 
Commissioners Simmons and McDonald.
Vernon A. Williams,
Secretary.

    For the reasons set forth in the preamble, title 49, chapter X, 
part 1039 of the Code of Federal Regulations is amended as follows:

PART 1039--EXEMPTIONS

    1. The authority citation for part 1039 continues to read as 
follows:

    Authority: 49 U.S.C. 10321 and 10505; and 5 U.S.C. 553.

    2. In Sec. 1039.11, paragraph (a), the following new entries are 
added at the end of the table to read as follows:


Sec. 1039.11  Miscellaneous commodities exemptions.

    (a) * * *

------------------------------------------------------------------------
           STCC No.                 STCC tariff           Commodity     
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
34  912.......................  6001-W, eff. 1-1-   Steel shipping      
                                 95..                containers.        
40  211.......................  ......do..........  Iron and steel      
                                                     scrap.             
------------------------------------------------------------------------

* * * * *
[FR Doc. 95-12338 Filed 5-18-95; 8:45 am]
BILLING CODE 7035-01-P