[Federal Register Volume 61, Number 175 (Monday, September 9, 1996)]
[Rules and Regulations]
[Page 47446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22916]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

49 CFR Part 1039

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


Rail General Exemption Authority--Exemption of Ferrous 
Recyclables

AGENCY: Surface Transportation Board.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: Pursuant to its authority under 49 U.S.C. 10502, the Surface 
Transportation Board is exempting from regulation the transportation by 
rail of blast furnace, open hearth, rolling mill or coke oven products, 
NEC (STCC Commodity Group No. 33-119). This commodity group is added to 
the list of exempt commodities, as set forth below, and is intended to 
eliminate unnecessary regulation.

EFFECTIVE DATE: October 9, 1996.

FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 927-5660. [TDD for 
the hearing impaired: (202) 927-5721.]
SUPPLEMENTARY INFORMATION: Since the Interstate Commerce Commission's 
1 decision of May 16, 1995 (60 FR 26839, May 19, 1995), in this 
proceeding, which refrained from exempting commodities in STCC 
Commodity Group No. 33-119 because it included certain recyclable 
materials deemed to be nonferrous, Congress has passed the ICCTA. The 
ICCTA repealed the special statutory protections for transportation of 
nonferrous recyclable commodities. As a consequence, because regulation 
of the rail transportation of commodities in STCC Commodity Group No. 
33-119 is not necessary, rather than distinguishing between ferrous and 
nonferrous commodities within the commodity group, we will exempt the 
entire five-digit commodity group.
---------------------------------------------------------------------------

    \1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 
Stat. 803 (ICCTA), which was enacted on December 29, 1995, and took 
effect on January 1, 1996, abolished the Interstate Commerce 
Commission (ICC) and transferred certain functions to the Surface 
Transportation Board (Board). This decision relates to a proceeding 
that was pending with the ICC prior to January 1, 1996, and to 
functions that are subject to Board jurisdiction pursuant to 49 
U.S.C. 10701 et seq. Citations are to the current sections of the 
statute.
---------------------------------------------------------------------------

Regulatory Flexibility Act

    The Board certifies that this exemption will not have a significant 
economic impact on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act. This exemption will reduce 
regulation; it imposes no new reporting or other requirements directly 
or indirectly on small entities.

Environment and Energy

    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

    Intramodal transportation, Manufactured commodities, Railroads.

    Decided: August 27, 1996.

    By the Board, Chairman Morgan, Vice Chairman Simmons, and 
Commissioner Owen.
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 is revised to read as 
follows:

    Authority: 5 U.S.C. 553; 49 U.S.C. 10502 and 13301.

    2. Section 1039.11, paragraph (a), is amended by adding the 
following new entry to the end of table:


Sec. 1039.11  Miscellaneous commodities exemptions.

    (a) * * *

------------------------------------------------------------------------
       STCC No.             STCC tariff                Commodity        
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
33 119                 6001-X, eff. 1-11-96   Blast furnace, open       
                                               hearth, rolling mill or  
                                               coke oven products, NEC. 
------------------------------------------------------------------------

* * * * *
[FR Doc. 96-22916 Filed 9-6-96; 8:45 am]
BILLING CODE 4915-00-P