[Federal Register Volume 62, Number 95 (Friday, May 16, 1997)]
[Proposed Rules]
[Pages 27003-27004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12951]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1039

[STB Ex Parte No. 561]


Rail General Exemption Authority--Nonferrous Recyclables

AGENCY: Surface Transportation Board, Transportation.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Interstate Commerce Commission (ICC) issued a notice of 
proposed rulemaking (NPR) in Ex Parte No. 346 (Sub-No. 36) on August 
23, 1994, published in the Federal Register on August 24, 1994, to 
consider whether to exempt partially from regulation the rail 
transportation of certain nonferrous recyclables. The ICC Termination 
Act of 1995 significantly changed the basis for that notice. 
Consequently, we are issuing a new NPR proposing a total exemption from 
regulation for 29 nonferrous recyclable commodities. We are also 
announcing a policy for the interim to govern the 11 nonferrous 
recyclable commodities that were previously partially exempted. 
Finally, in a separate decision served today, Ex Parte No. 346 (Sub-No. 
36) is being discontinued.

DATES: Persons interested in participating in this proceeding as a 
party of record by filing and receiving written comments must file a 
notice of intent to participate by May 26, 1997. We will issue a 
service list of the parties of record shortly thereafter. Comments and 
replies must be served on all parties of record. Comments are due on 
June 30, 1997 and replies are due on July 15, 1997.

ADDRESSES: Send an original plus 10 copies of notices of intent to 
participate and pleadings referring to STB Ex Parte No. 561 to: Surface 
Transportation Board, Office of the Secretary, Case Control Unit, 1925 
K Street, N.W., Washington, DC 20423-0001.

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

SUPPLEMENTARY INFORMATION: The Board's decision proposing these 
regulations is available to all persons for a charge by phoning DC NEWS 
& DATA, INC., at (202) 289-4357.

Environmental and Energy Considerations

    We preliminarily conclude that, if an exemption is granted, it will 
not significantly affect either the quality of the human environment or 
the conservation of energy resources. We invite comments in this area.

Initial Regulatory Flexibility Analysis

    Pursuant to 5 U.S.C. 605(b), the Board preliminarily concludes that 
an exemption would not have a significant economic impact on a 
substantial number of small entities. No new regulatory requirements 
would be imposed, directly or indirectly, on such entities. The impact, 
if any, would be to reduce the amount of paperwork and regulation. If 
an exemption were granted, it would be based partly on a finding that 
regulation of this transportation is not necessary to protect shippers 
(including small shippers) from abuse of market power. See 49 U.S.C. 
10502. Such a finding, if made, would indicate that a substantial 
number of small entities would not be significantly affected. We invite 
comments in this area.

List of Subjects in 49 CFR Part 1039

    Agricultural commodities, Intermodal transportation, Manufactured 
commodities, Railroads.

    Decided: April 24, 1997.

    By the Board, Chairman Morgan and Vice Chairman 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 proposed to be 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, paragraph (a) is proposed to be amended by 
adding the following entries in numerical order to the table and by 
revising the first sentence to the undesignated text following the 
table to read as follows:


Sec. 1039.11  Miscellaneous commodities exemptions.

    (a) * * *

------------------------------------------------------------------------
     STCC No.             STCC tariff                 Commodity         
------------------------------------------------------------------------
                                                                        
                   *        *        *        *        *                
20511.............  6001-X, eff............  Bread or other bakery      
                                              products exc. biscuits,   
                                              crackers, pretzels or     
                                              other dry bakery products 
                                              See 20521-20529.          
                    1-1-96.................                             
22941.............  ......do...............  Textile waste, garnetted,  
                                              processed, or recovered or
                                              recovered fibres or flock 
                                              exc. packing or wiping    
                                              cloths or rags. See 22994.

[[Page 27004]]

                                                                        
22973.............  ......do...............  Textile fibres, laps,      
                                              noils, nubs, roving,      
                                              sliver or slubs, prepared 
                                              for spinning, combed or   
                                              converted.                
22994.............  ......do...............  Packing or wiping cloths or
                                              rags (processed textile   
                                              wastes).                  
24293.............  ......do...............  Shavings or sawdust.       
30311.............  ......do...............  Reclaimed rubber.          
3229924...........  ......do...............  Cullet (broken glass).     
33312.............  ......do...............  Copper matte, speiss, flue 
                                              dust, or residues, etc.   
33322.............  ......do...............  Lead matte, speiss, flue   
                                              dust, dross, slag,        
                                              skimmings, etc.           
33332.............  ......do...............  Zinc dross, residues,      
                                              ashes, etc.               
33342.............  ......do...............  Aluminum residues, etc.    
33398.............  ......do...............  Misc. nonferrous metal     
                                              residues, including solder
                                              babbitt or type metal     
                                              residues.                 
40112.............  ......do...............  Ashes.                     
40212.............  ......do...............  Brass, bronze, copper or   
                                              alloy scrap, tailings, or 
                                              wastes.                   
40213.............  ......do...............  Lead, zinc, or alloy scrap,
                                              tailings or wastes.       
40214.............  ......do...............  Aluminum or alloy scrap,   
                                              tailings or wastes.       
4021960...........  ......do...............  Tin scrap, consisting of   
                                              scraps or pieces of       
                                              metallic tin, clippings,  
                                              drippings, shavings,      
                                              turnings, or old worn-out 
                                              block tin pipe having     
                                              value for remelting       
                                              purposes only.            
40221.............  ......do...............  Textile waste, scrap or    
                                              sweepings.                
40231.............  ......do...............  Wood scrap or waste.       
40241.............  ......do...............  Paper waste or scrap.      
40251.............  ......do...............  Chemical or petroleum      
                                              waste, including spent.   
40261.............  ......do...............  Rubber or plastic scrap or 
                                              waste.                    
4029114...........  ......do...............  Municipal garbage waste,   
                                              solid, digested and       
                                              ground, other than sewage 
                                              waste or fertilizer.      
4029176...........  ......do...............  Automobile shredder        
                                              residue.                  
4111434...........  ......do...............  Bags, old, burlap, gunny,  
                                              istle (ixtle), jute, or   
                                              sisal, NEC.               
41115.............  ......do...............  Articles, used, returned   
                                              for repair or             
                                              reconditioning.           
42111.............  ......do...............  Nonrevenue movement of     
                                              containers, bags, barrels,
                                              bottles, boxes, crates,   
                                              cores, drums, kegs, reels,
                                              tubes, or carriers, NEC,  
                                              empty, returning in       
                                              reverse of route used in  
                                              loaded movement, and so   
                                              certified.                
42112.............  ......do...............  Nonrevenue movement of     
                                              shipping devices,         
                                              consisting of blocking,   
                                              bolsters, cradles,        
                                              pallets, racks, skids,    
                                              etc., empty, returning in 
                                              reverse of route used in  
                                              loaded movement, and so   
                                              certified                 
42311.............  ......do...............  Revenue movement of        
                                              containers, bags, barrels,
                                              bottles, boxes, crates,   
                                              cores, drums, kegs, reels,
                                              tubes, or carriers, NEC., 
                                              empty, returning in       
                                              reverse of route used in  
                                              loaded movement and so    
                                              certified.                
------------------------------------------------------------------------

    Also excepted from this exemption are those commodities previously 
exempt, and any transportation service regarding which the Commission 
has made a finding of market dominance. * * *
* * * * *
[FR Doc. 97-12951 Filed 5-15-97; 8:45 am]
BILLING CODE 4915-00-P