§ 372.115 - Commodities that are not exempt under 49 U.S.C. 13506(a)(6).  


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  • § 372.115 Commodities that are not exempt under 49 U.S.C. 13506(a)(6).

    49 U.S.C. 13506(a)(6) provides an exemption from regulation for motor vehicles used in carrying ordinary livestock, fish, and unmanufactured agricultural commodities. Certain specific commodities have been statutorily determined to be non-exempt. Administrative Ruling No. 133, which is reproduced below, is a list of those commodities that are non-exempt by statute.

    Administrative Ruling No. 133

    List of Commodities That Are Not Exempt by Statute Under 49 U.S.C. 13506(a)(6)

    Animal fats

    Butter

    Canned fruits and vegetables

    Carnauba wax as imported in slabs or chunks

    Cattle, slaughtered

    Charcoal

    Cheese

    Coal

    Cocoa beans

    Coffee, beans, roasted, or instant

    Copra meal

    Cotton yarn

    Cottonseed cake or meal

    Diatomaceous earth

    Dinners, frozen

    Feeds:

    Alfalfa meal

    Alfalfa pellets

    Beet pulp

    Bran shorts

    Copra meal

    Corn gluten

    Distilled corn grain residues, with or without solubles added

    Fish meal

    Hominy feed

    Middlings

    Pelletized ground refuse screenings

    Wheat bran

    Wheat shorts

    Fertilizer, commercial

    Fish:

    Canned or salted as a treatment for preserving

    Cooked or partially cooked fish or shrimp, frozen or unfrozen

    Hermetically sealed in containers as a treatment for preserving

    Oil from fishes

    Preserved, or treated for preserving, such as smoked, salted, pickled, spiced, corned or kippered

    Flagstone

    Flaxseed meal

    Flour

    Forest products:

    Resin products, such as turpentine

    Fruits and Berries:

    Bananas, fresh, dried, dehydrated, or frozen

    Canned

    Frozen

    Hulls of oranges after juice extractions

    Juice, fruit, plain or concentrated

    Pies, frozen

    Preserved, such as jam

    Purees, strawberry and other, frozen

    Grains:

    Oils extracted from grain

    Popcorn, popped

    Rice, precooked

    Wheat germ

    Gravel

    Hair, hog or other animal, product of slaughter of animal

    Hay, sweetened with 3 percent molasses by weight

    Hemp fiber

    Hides, green and salted

    Insecticides

    Limestone, agricultural

    Livestock:

    Monkeys

    Race horses

    Show horses

    Zoo animals

    Lumber, rough sawed or planed

    Maple syrup

    Meal:

    Alfalfa

    Copra

    Cottonseed

    Fish

    Flaxseed

    Linseed

    Peanut

    Soybean

    Meat and meat products, fresh, frozen or canned

    Milk and Cream:

    Chocolate

    Condensed

    Sterilized in hermetically sealed cans

    Molasses

    Nuts (including peanuts):

    Peanut meal

    Roasted or boiled

    Oil, mint

    Oil, extracted from vegetables, grain, seed, fish or other commodity

    Pelts

    Pies, frozen

    Pigeons, racing

    Pulp, beet

    Pulp, sugar cane

    Rock (except natural crushed, vesicular rock to be used for decorative purposes)

    Rubber, crude, in bales

    Rubber, latex, natural, liquid, from which water has been extracted and to which ammonia has been added

    Sand

    Seeds:

    Oil extracted from seeds

    Skins, animal

    Soil, potting

    Soil, top

    Soup, frozen

    Sugar

    Sugar cane pulp

    Sugar raw

    Syrup, cane

    Syrup, maple

    Tea

    Tobacco:

    Cigars and cigarettes

    Homogenized

    Smoking

    Top Soil

    Trees:

    Sawed into lumber

    Vegetables:

    Candied sweet potatoes, frozen

    Canned

    Cooked

    French fried potatoes

    Oil, extracted from vegetables

    Soup, frozen

    Soybean meal

    Wool imported from a foreign country

    Wool tops and noils

    Wool waste (carded, spun, woven, or knitted)

    Wool yarn

    Note 1:

    Under 49 U.S.C. 13506(a)(6)(D), any listed fish or shellfish product that is not intended for human consumption is exempt.

    Note 2:

    Under 49 U.S.C. 13506(a)(6)(E), any listed livestock feed, poultry feed, agricultural seeds, or plants that are transported to a site of agricultural production or to a business enterprise engaged in the sale to agricultural producers of goods used in agricultural production is exempt

    [53 FR 17707, May 18, 1988, as amended at 62 FR 15421, Apr. 1, 1997]