95-18403. Rail General Exemption AuthorityExemption of Hydraulic Cement

[Federal Register Volume 60, Number 143 (Wednesday, July 26, 1995)]
[Rules and Regulations]
[Pages 38280-38281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18403]



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INTERSTATE COMMERCE COMMISSION

49 CFR Part 1039

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


Rail General Exemption Authority--Exemption of Hydraulic Cement

AGENCY: Interstate Commerce Commission.

ACTION: Final rule with request for comments.

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[[Page 38281]]


SUMMARY: The Commission is exempting from regulation the transportation 
by rail of hydraulic cement (STCC No. 32-4). Except for those shipments 
from the South Dakota State Cement Plant Commission (herein 
``Dacotah'') cement plant in Rapid City, SD, as to which further 
comment is sought, this commodity is added to the list of exempt 
commodities, as set forth below. This exemption does not embrace 
exemptions from regulation of car hire and car service.

DATES: This final rule is effective on August 25, 1995. Comments are 
due on August 25, 1995. Replies to comments are due on September 14, 
1995.

ADDRESSES: Comments referring to Ex Parte No. 346 (Sub-No. 34) to the 
Office of the Secretary, Case Control Branch, Interstate Commerce 
Commission, 1201 Constitution Avenue, NW, Washington, DC 20423

FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar, [phone]. 
[TDD for the hearing impaired: [phone].]

SUPPLEMENTARY INFORMATION: For further information, see the 
Commission's printed decision. To obtain a copy of the full decision, 
write to, call, or pick up in person from: Dynamic Concepts, Inc., 
Interstate Commerce Commission Building, 1201 Constitution Avenue, 
N.W., Room 2229, Washington, DC 20423. Telephone: [phone]. 
[Assistance for the hearing impaired is available through TDD services: 
[phone].]
    On October 21, 1993, at 58 FR 54317, we requested comments on a 
proposal by the Association of American Railroads (AAR) to exempt from 
regulation the railroad transportation of hydraulic cement. The 
comments have been received and analyzed. We are approving AAR's 
proposal except for those shipments of hydraulic cement from the 
Dacotah cement plant at Rapid City, SD.
    The Commission seeks comments on (1) whether the Dacotah Cement 
facility at Rapid City, SD is rail captive and (2) the extent to which 
the Commission's decision in Union Pacific 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) has an impact on the Commission's consideration on this matter. 
Comments shall be due August 25, 1995. Replies to the comments are due 
September 14, 1995.
    We reaffirm our initial finding that the exemption will not 
significantly affect either the quality of the human environment or the 
conservation of energy resources. We also reaffirm our 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: July 14, 1995.

    By the Commission, Chairman Morgan, Vice Chairman Owen, and 
Commissioners Simmons and McDonald.
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: 49 U.S.C. 10321 and 10505; and 5 U.S.C. 553.

    2. In Sec. 1039.11, the table in paragraph (a) is amended by adding 
the following new entry in the correct numerical order to STCC tariff 
6001-V to read as follows:


Sec. 1039.11  Miscellaneous commodities exemptions.

    (a) * * *

------------------------------------------------------------------------
        STCC No.               STCC tariff               Commodity      
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                  *        *        *        *        *                 
32-4...................  6001-V, eff.1-1-94.....  Hydraulic cement,     
                                                   except shipments from
                                                   the Dacotah Cement   
                                                   plant at Rapid City, 
                                                   SD.                  
                                                                        
                  *        *        *        *        *                 
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[FR Doc. 95-18403 Filed 7-25-95; 8:45 am]
BILLING CODE 7035-01-P