[Federal Register Volume 62, Number 95 (Friday, May 16, 1997)]
[Proposed Rules]
[Pages 27002-27003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12949]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1039

[Ex Parte No. 346 (Sub-No. 36)]


Rail General Exemption Authority--Exemption of Nonferrous 
Recyclables and Railroad Rates on Recyclable Commodities

AGENCY: Surface Transportation Board, Transportation.

ACTION: Proposed rule, withdrawal.

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

[[Page 27003]]

SUMMARY: The Surface Transportation Board is discontinuing the 
rulemaking in Ex Parte No. 346 (Sub-No. 36).

DATES: This withdrawal is made on May 5, 1997.

FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 565-1600. [TDD for 
the hearing impaired: (202) 565-1695.]

SUPPLEMENTARY INFORMATION: In a notice of proposed rulemaking (NPR) in 
this proceeding served on August 23, 1994, and published in the Federal 
Register on August 24, 1994 (59 FR 43529), the Interstate Commerce 
Commission (ICC) solicited comments on a proposal to exempt partially 
from regulation the rail transportation of 28 nonferrous recyclable 
commodities. After the issuance of the NPR, the ICC Termination Act of 
1995 (ICCTA), Pub. L. No. 104-88, 109 Stat. 803 was enacted. The ICCTA 
significantly changed the basis for the NPR by eliminating former 49 
U.S.C. 10731(e). Consequently, in Rail General Exemption Authority--
Nonferrous Recyclables, STB Ex Parte No. 561 (published elsewhere in 
this section of the Federal Register), we are issuing a new NPR 
proposing a total exemption from regulation for 29 nonferrous 
recyclable commodities. Because we will consider a broader exemption in 
STB Ex Parte No. 561, we are discontinuing this proceeding. The 
comments previously filed in response to the NPR will be made part of 
the record in STB Ex Parte No. 561 and need not be refiled.

    Decided: April 24, 1997.

    By the Board, Chairman Morgan and Vice Chairman Owen.
Vernon A. Williams,
Secretary.
[FR Doc. 97-12949 Filed 5-15-97; 8:45 am]
BILLING CODE 4915-00-P