[Federal Register Volume 61, Number 59 (Tuesday, March 26, 1996)]
[Proposed Rules]
[Pages 13146-13147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7239]



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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

49 CFR Part 1039

[Ex Parte No. 346 (Sub-No. 8)]


Exemption From Regulation--Boxcar Traffic

AGENCY: Surface Transportation Board.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Surface Transportation Board (the Board) is proposing to 
eliminate an obsolete regulation pertaining to recyclable rates.

DATES: Comments are due on April 25, 1996.

ADDRESSES: Send comments (an original and 10 copies) referring to Ex 
Parte No. 346 (Sub-No. 8) to: Surface Transportation Board, Office of 
the Secretary, Case Control Branch, 1201 Constitution Avenue NW., 
Washington, DC 20423.

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

SUPPLEMENTARY INFORMATION: Effective January 1, 1996, the ICC 
Termination Act of 1995, Pub. L. No. 104-88, 109 Stat. 803 (ICCTA) 
abolished the Interstate Commerce Commission (ICC) and established the 
Board. Section 204 of the ICCTA provides that ``[t]he Board shall 
promptly rescind all regulations established by the [ICC] that are 
based on provisions of law repealed and not substantively reenacted by 
this Act.'' In Removal of Obsolete Recyclables Regulations, 1 S.T.B. 7 
(1996) (Obsolete Regulations), the Board removed, inter alia, obsolete 
recyclable regulations at 49 CFR 1134, pertaining to discrimination 
against recyclables, and at 49 CFR 1145, concerning rail rates on 
recyclables, because Congress repealed former 49 U.S.C. 10710 and 
10731, the statutory bases for these regulations. We stated that we 
would separately consider the disposition of 49 CFR 1039.14(b)(5), 
which excludes rates on nonferrous recyclable commodities from the 
boxcar exemption.
    In Exemption from Regulation --Boxcar Traffic, 367 I.C.C. 424 
(1983), the ICC exempted the rail transportation of all commodities 
transported in boxcars from rate and certain car hire regulations. The 
ICC, however, excluded nonferrous recyclables from this exemption 
``only because Congress itself has singled them out for the application 
of special standards.'' 367 I.C.C. at 440. The ICC noted the reference 
to recyclable rates at former 49 U.S.C. 10731(e).
    Although the statutory basis given by the agency for excluding 
recyclable commodities from the boxcar exemption has been repealed, and 
we do not believe there are other valid reasons to maintain the 
exception, we will not follow the procedure in Obsolete Regulations by 
issuing a final rule now.

[[Page 13147]]
Instead, we will issue a notice proposing to remove 49 CFR 
1039.14(b)(5) from the regulations and redesignate paragraphs (6) and 
(7) to allow the public the opportunity to address whether there is any 
good reason to maintain the exception for recyclables. Comments (an 
original and 10 copies) are due on April 25, 1996.
    The Board certifies that this rule, if adopted, would not have a 
significant economic effect on a substantial number of small entities. 
This proposed rule will reduce regulation; it imposes no new reporting 
or other requirements directly or indirectly on small entities. 
Although we are proposing that recyclables no longer be excepted from 
the boxcar exemption, it appears that the impact, if any, on small 
entities would not be significant, nor would it likely affect a 
significant number of small entities. The Board, however, seeks 
comments on whether there would be effects on small entities that 
should be considered.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

List of Subjects in 49 CFR Part 1039

    Agricultural commodities, Intermodal transportation, Manufactured 
commodities, Railroads.

    Decided: March 12, 1996.

    By the Board, Chairman Morgan, Vice Chairman Simmons and 
Commissioner Owen.
Vernon A. Williams,
Secretary.

    For the reasons set forth in the preamble and under the authority 
of 49 U.S.C. 721(a), the Board proposes to amend title 49, chapter X, 
part 1039 of the Code of Federal Regulations as set forth below:

PART 1039--EXEMPTIONS

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

    Authority: 5 U.S.C. 553 and 49 U.S.C. 721 and 10502.


Sec. 1039.14  [Amended]

    2. Section 1039.14 is amended by removing paragraph (b)(5) and 
redesignating paragraphs (b)(6) and (7) as paragraphs (b)(5) and (6).

[FR Doc. 96-7239 Filed 3-25-96; 8:45 am]
BILLING CODE 4915-00-P