[Federal Register: November 24, 1999 (Volume 64, Number 226)]
[Proposed Rules]               
[Page 66156]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24no99-27]                         

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1039

[Ex Parte No. 346 (Sub-No. 28)]

 
Rail General Exemption Authority: Export Corn and Export Soybeans

AGENCY: Surface Transportation Board, DOT.

ACTION: Proposed rule, withdrawal.

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SUMMARY: The Surface Transportation Board (Board) is withdrawing the 
proposed rule and discontinuing the Ex Parte No. 346 (Sub-No. 28) 
rulemaking proceeding relating to an exemption for the rail 
transportation of export corn and export soybeans.

DATES: The proposed rule is withdrawn and the rulemaking proceeding is 
discontinued on November 24, 1999.

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

SUPPLEMENTARY INFORMATION: In a notice of proposed rulemaking (NPR) 
served July 15, 1992 (published in the Federal Register on July 16, 
1992, at 57 FR 31489), the Interstate Commerce Commission (Commission) 
proposed to exempt from the provisions of 49 U.S.C. subtitle IV the 
rail transportation of export corn and export soybeans (i.e., corn and 
soybeans that originate at points in the United States and that move 
from the United States to destinations outside the United States).
    The ICC Termination Act of 1995, Public Law 104-88, 109 Stat. 803 
(ICCTA), which was signed into law by President Clinton on December 29, 
1995, abolished the Commission, established the Board, reenacted with 
certain changes 49 U.S.C. subtitle IV, and transferred to the Board 
responsibility for the performance of functions respecting new 49 
U.S.C. subtitle IV, part A. See ICCTA section 101 (abolition of the 
Commission); new 49 U.S.C. 701(a), as enacted by ICCTA section 201(a) 
(establishment of the Board); new 49 U.S.C. subtitle IV, part A, as 
enacted by ICCTA section 102(a) (part A of the new subtitle IV contains 
the post-1995 version, as respects railroads, of the provisions that 
had been contained in the pre-1996 version of subtitle IV); new 49 
U.S.C. 702, as enacted by ICCTA section 201(a) (except as otherwise 
provided, the functions previously performed by the Commission shall 
henceforth be performed by the Board); ICCTA section 204(b)(1) (any 
proceeding pending before the Commission at the time of the enactment 
of ICCTA shall be transferred to the Board, insofar as that proceeding 
concerns functions transferred to the Board). In accordance with the 
mandate of ICCTA section 204(b)(1), the Ex Parte No. 346 (Sub-No. 28) 
rulemaking proceeding, which had been instituted by the Commission in 
the 1992 NPR, was transferred to the Board.
    We have decided to withdraw the rule proposed by the Commission in 
the 1992 NPR and to discontinue the Ex Parte No. 346 (Sub-No. 28) 
rulemaking proceeding. The record compiled in this proceeding does not 
reflect the changes that have occurred in American agriculture in the 
past seven years. Under the circumstances, we do not believe it would 
be wise to consider the merits of the proposal now on this record. 
Withdrawal of the 1992 proposal would, in any event, allow any 
interested person who wished to do so the opportunity to file a 
petition under 49 CFR part 1121 to initiate a new proposal supported by 
a more current presentation of facts and arguments.

Small Entities

    The Board certifies that the action taken in this proceeding will 
not have a significant economic impact on a substantial number of small 
entities.

Environmental and Energy Considerations

    The action taken in this proceeding will not significantly affect 
either the quality of the human environment or the conservation of 
energy resources.

Board Releases Available Via the Internet

    Decisions and notices of the Board, including this notice, are 
available on the Board's website at ``WWW.STB.DOT.GOV.''

    Decided: November 17, 1999.

    By the Board, Chairman Morgan, Vice Chairman Clyburn, and 
Commissioner Burkes.
Vernon A. Williams,
Secretary.
[FR Doc. 99-30541 Filed 11-23-99; 8:45 am]
BILLING CODE 4915-00-P