[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) * * *
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STCC No. STCC tariff Commodity
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* * * * *
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.
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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
