[Federal Register Volume 61, Number 243 (Tuesday, December 17, 1996)]
[Rules and Regulations]
[Pages 66230-66231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31955]


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DEPARTMENT OF TRANSPORTATION
49 CFR Part 1039

[Ex Parte No. 346 (Sub-No. 34)]


Rail General Exemption Authority; Exemption of Hydraulic Cement

AGENCY: Surface Transportation Board, DOT.

ACTION: Final rule.

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SUMMARY: The Board is exempting from regulation the transportation by 
rail of hydraulic cement (STCC No. 32-4) including shipments from the 
South Dakota State Cement Plant Commission (``Dacotah'') facility at 
Rapid City, SD (herein, the ``Dacotah Cement Plant''). Those shipments 
had been excepted when cement was exempted from regulation. The 
exception for the Dacotah Cement Plant is now removed. Hydraulic 
cement, without the Dacotah exception, is added to the list of exempt 
commodities as set forth below. This exemption does not embrace 
exemptions from the regulation of car hire and car service.

EFFECTIVE DATE: This final rule is effective on January 16, 1997.

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, (202) 927-5660. 
[TDD for the hearing impaired: (202) 927-5721.]

SUPPLEMENTARY INFORMATION: The ICC Termination Act of 1995, Public Law 
No. 104-88, 109 Stat. 803 (the 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 and 
proceedings to the Surface Transportation Board (Board). This notice 
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 and 10502. Section 204(b)(1) of the ICCTA 
provides, in general, that proceedings pending before the ICC on the 
effective date of that legislation shall be decided under the law in 
effect prior to January 1, 1996, insofar as they involve functions 
retained by the ICCTA. However, because of the nature of the action in 
this proceeding--adoption of a class exemption with application to 
future transportation and related future filings--we have considered 
both the new and the old law in issuing our decision here. Citations 
are to the current sections of the statute, unless otherwise indicated.
    On July 26, 1995, at 60 FR 38280, the ICC requested comments on 
whether the Dacotah cement facilities at Rapid City, SD, are rail 
captive and the effect, if any, of the ICC's decision in Union Pacific

[[Page 66231]]

Corporation, Union Pacific Railroad Company and Missouri Pacific 
Railroad Company--Control--Chicago and North Western Transportation 
Company and Chicago and North Western Railway Company, Finance Docket 
No. 32133 (ICC served Mar. 7, 1995) on this matter. The comments have 
been received and analyzed. We are removing the exception in 49 CFR 
part 1039 for shipments of hydraulic cement from the Dacotah Cement 
Plant at Rapid City, SD.
    For further information, see the Board's printed decision. To 
obtain a copy of the full decision, write to, call, or pick up in 
person from DC News & Data, Inc., Room 2229, 1201 Constitution Avenue, 
N.W., Washington, DC 20423. Telephone: (202) 289-4357/4359. [Assistance 
for the hearing impaired is available through TDD services: (202) 927-
5721.]
    We affirm the ICC's initial finding that the exemption will not 
significantly affect either the quality of the human environment or the 
conservation of energy resources. We also affirm the ICC's initial 
finding that the exemption will not have a significant economic impact 
on a substantial number of small entities.

List of Subjects in 49 CFR Part 1039

    Agricultural commodities, Intermodal transportation, Manufactured 
commodities, Railroads.

    Decided: December 4, 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 continues to read as 
follows:

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

    2. In Sec. 1039.11, the table in paragraph (a) is amended by 
revising the entry for STCC No. 32-4 to read as follows:


Sec. 1039.11  Miscellaneous commodities exemptions.

    (a) * * *

------------------------------------------------------------------------
  STCC No.            STCC tariff                     Commodity         
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
32-4.......  ......do.....................  Hydraulic cement.           
                                                                        
                  *        *        *        *        *                 
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[FR Doc. 96-31955 Filed 12-16-96; 8:45 am]
BILLING CODE 4915-00-P