96-4529. Removal of Obsolete Recyclables Regulations

[Federal Register Volume 61, Number 40 (Wednesday, February 28, 1996)]
[Rules and Regulations]
[Pages 7426-7427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4529]



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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

49 CFR Parts 1039, 1134, 1135 and 1145

[STB Ex Parte No. 531]


Removal of Obsolete Recyclables Regulations

AGENCY: Surface Transportation Board.

ACTION: Final rule.

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SUMMARY: The Surface Transportation Board (the Board) is removing 
obsolete recyclable commodities regulations from the Code of Federal 
Regulations.

EFFECTIVE DATE: January 1, 1996.

FOR FURTHER INFORMATION CONTACT: Beryl Gordon, [phone]. [TDD for 
the hearing impaired: [phone].]

SUPPLEMENTARY INFORMATION: Effective January 1, 1996, the ICC 
Termination Act of 1995, Pub. L. No. 104-88, 109 Stat. 803 (the Act), 
abolished the Interstate Commerce Commission (the Commission) and 
established within the Department of Transportation the Surface 
Transportation Board. Section 204 of the Act provides that ``[t]he 
Board shall promptly rescind all regulations established by the 
[Commission] that are based on provisions of law repealed and not 
substantively reenacted by this Act.'' 49 U.S.C. 10710, the statutory 
basis for the part 1134 discrimination against recyclables 
regulations,1 and 49 U.S.C. 10731, the statutory basis for the 
part 1145 rail rates on recyclables regulations,2 have been 
repealed. We are therefore removing the now obsolete parts 1134 and 
1145 regulations, as well as a reference to part 1145 in Sec. 1039.11 
and another obsolete regulation pertaining to recyclable rates, 
Sec. 1135.1(h). These changes are not necessarily the final revisions 
to the regulations in light of the elimination of Sec. 10710 and 
Sec. 10731.3

    \1\ These regulations were originally issued in Public Law 93-
236--Freight Rates for Recyclables, 346 I.C.C. 408 (1974), and 
revised in Revised Rules of Practice, 358 I.C.C. 189 (1977). The 
regulations were redesignated as a result of final rules in Ex Parte 
No. 55 (Sub-No. 55), Revision and Redesignation of the Rules of 
Practice, 47 FR 49534 (November 1, 1982).
    \2\ Final rules were adopted and revised in Cost Ratios for 
Recyclables-Compliance Procedures, 6 I.C.C.2d 103 (1989) and 8 
I.C.C.2d 182 (1991).
    \3\ We will consider separately the disposition of 49 CFR 
1039.14(b)(5). Parties may inform the Board whether other 
regulations are affected by the removal of 49 U.S.C. 10710 and 
10731.
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    Because this action merely reflects, and is required by, the 
enactment of the Act and will not have an adverse effect on the 
interests of any person, this action will be deemed to be effective as 
of January 1, 1996.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

List of Subjects

49 CFR Part 1039

    Agricultural commodities, Intermodal transportation, Manufactured 
commodities, Railroads.

49 CFR Parts 1134 and 1145

    Administrative practice and procedure, Freight, Railroads.

49 CFR Part 1135

    Administrative practice and procedure, Railroads, Reporting and 
recordkeeping requirements.

    Decided: February 15, 1996.

    By the Board, Chairman Morgan, Vice Chairman Simmons, and 
Commissioner Owen.
Vernon A. Williams,
Secretary.
    For the reasons set forth in the preamble and under the authority 
of 49 U.S.C. 721(a), title 49, chapter X of the Code of Federal 
Regulations is amended as set forth below:

PART 1039--EXEMPTIONS

    1. The authority citation for part 1039 is revised to read as 
follows:

    Authority: 5 U.S.C. 553 and 49 U.S.C. 721 and 10502.


Sec. 1039.11  [Amended]

    2. Section 1039.11(a) is amended by removing the following language 
from the paragraph immediately following 

[[Page 7427]]
the table in paragraph (a): ``(Note: Certain recyclable commodities may 
be partially exempted pursuant to the provisions of 49 CFR 1145.9)''.

PART 1134--[REMOVED]

    3. Part 1134 is removed.

PART 1135--RAILROAD COST RECOVERY PROCEDURES

    4. The authority citation for part 1135 is revised to read as 
follows:

    Authority: 5 U.S.C. 553 and 49 U.S.C. 721 and 10708.


Sec. 1135.1  [Amended]

    5. Section 1135.1 is amended by removing paragraph (h).

PART 1145--[REMOVED]

    6. Part 1145 is removed.

[FR Doc. 96-4529 Filed 2-27-96; 8:45 am]
BILLING CODE 4915-00-P