DOT 49 CFR PART 1039-2010 EXEMPTIONS.pdf

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1、80 49 CFR Ch. X (10110 Edition) Pt. 1039 of origin or destination, or to fraud, then the resulting claim will be ad-justed subject to the deductions au-thorized in the immediately preceding paragraph (a) of this 1037.3; provided, however, that the clear record of either the carriers or shippers faci

2、lities shall not be interpreted as affecting or changing the burden of proof now law-fully resting upon either party. There-fore, movement in a clear-record car is not conclusive evidence of the fact that the car is not defective. It must be con-sidered along with other evidence to determine liabili

3、ty. See paragraph (e) of 1037.1 (c) In case of a disputed claim, the records of both the carrier and the claimant affecting the shipment in-volved shall be available to both par-ties. These records shall include a writ-ten complaint, if any, filed by the ship-per with the railroad at the time the ca

4、r was placed for loading that the car was defective, and the written report of an investigation of the complaint, filed by the railroad with the shipper, if made. PART 1039EXEMPTIONS Sec. 1039.10 Exemption of agricultural commod-ities except grain, soybeans, and sun-flower seeds. 1039.11 Miscellaneo

5、us commodities exemp-tions. 1039.12 Long and short haul transportation exemption. 1039.13 Rail intermodal transportation ex-emption. 1039.14 Boxcar transportation exemptions and rules. 1039.16 Exemption of new highway trailers or containers. 1039.17 Protective service contracts exemp-tion. 1039.20 S

6、torage leases. 1039.21 International joint through rates. 1039.22 Exemption of certain payments, services, and commitments from the Elk-ins Act and related provisions. AUTHORITY: 49 U.S.C. 10502, 13301. SOURCE: 47 FR 50262, Nov. 5, 1982, unless otherwise noted. 1039.10 Exemption of agricultural comm

7、odities except grain, soy-beans, and sunflower seeds. The rail transportation of the com-modities listed below is exempt from the provisions of subtitle IV of title 49, except that carriers must continue to comply with Board accounting and re-porting requirements, including a brief statement in thei

8、r annual reports of operations under this exemption, and must maintain copies of rates, charges, rules or regulations, for traffic moved under this exemption, at their prin-cipal office, subject to inspection, and send a letter of notification to the docket Ex Parte No. 346 (Sub-No. 14), within 30 d

9、ays, of the fact that they are using the exemption. All tariffs per-taining to the transportation of these miscellaneous commodities will no longer apply except to the extent adopted by carrier quotations. The cat-egories of commodities which are ex-empt under this decision, by Standard Transportati

10、on Commodity Code (STCC) number are: 01 . Farm products, with the exception of grain (STCC No. 0113), soybeans (STCC No. 01144), and sunflower seeds (STCC No. 0114940). 09 . Fresh fish and other marine products. 2011 . Fresh meat. 2015 . Fresh dressed poultry. 2017 . Processed poultry. 2021 . Creame

11、ry Butter. 2023 . Condensed, Evaporated or Dried Milk. 2025 . Cheese and Special Dairy Products. 2026 . Processed Whole Milk. 20141 . Hides and Skins. 20144 . Animal refuse, tankage, or meat meal. 2042127 . Citrus pomace. 2071212 . Shelled walnuts. 2091425 . Cottonseed hulls. 20915 . Cotton linters.

12、 2099929 . Butter and honey mixed. 2099941 . Honey, comb, granulated or strained, or heat treated to retard granulation. 2099976 . Freeze-dried poultry. 2099977 . Freeze-dried meat. 2099978 . Freeze-dried salad ingredients. 2099993 . Fresh and salted meat and products mixed, not hung. 2099994 . Fres

13、h and salted meat and products mixed, hung and not hung. 214 . Stemmed or redried tobacco. 2281130 . Cotton, carded, dyed or not dyed, but not spun, woven or knitted, but includ-ing cotton lap. 2291163 . Mattress felt, nec, cjors, not finished. 2291174 . Felts, cotton, nec. 2297135 . Wool, nec, scou

14、red. 2299522 . Flax fibre. 2299926 . Cotton linters, bleached or dyed. 2842337 . Beeswax. and shall embrace all articles assigned additional digits. The STCC shall be those code numbers in effect as of Jan-uary 1, 1979, as shown in Standard Transportation Commodity Code Tariff 1G, STB STCC 6001C. No

15、thing in this exemption shall be construed to affect VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00090 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-81 Surfa

16、ce Transportation Board, DOT 1039.11 our jurisdiction under section 10502 or our ability to enforce this decision or any subsequent decision made under authority of this exemption section. This exemption shall remain in effect, unless modified or revoked by a subse-quent order of this Board. 48 FR 9

17、277, Mar. 4, 1983; 49 FR 22095, May 25, 1984, as amended at 49 FR 26745, June 29, 1984; 49 FR 27321, July 3, 1984; 64 FR 53267, Oct. 1, 1999; 69 FR 58365, Sept. 30, 2004 1039.11 Miscellaneous commodities exemptions. (a) Commodities exempted. Except as indicated in paragraph (b) of this sec-tion, the

18、 rail transportation of the commodities listed below is exempt from the provisions of 49 U.S.C. sub-title IV. The Standard Transportation Commodity Code (STCC) numbers that identify the exempted commodities are those in effect on the effective date of the tariff cited, and shall embrace all commodit

19、ies assigned additional dig-its. STCC No. STCC tariff Commodity 14 1 . 6001T, eff. 1192 Dimension stone, quarry. 14 2 . do Crushed or broken stone or riprap. 14 411 . do Sand (aggregate or ballast). 14 412 . do Gravel (aggregate or ballast). 20 do Food or kindred products except 20 143 Grease or ine

20、dible tallow. 20 32 Canned specialties. 20 33 Canned fruits, jams, jellies, preserves or vegetables. 20 4 Grain mill products. 20 6 Sugar, beet or cane. 20 8 Beverages or flavoring extracts. 20 911 Cottonseed oil, crude or refined. 20 914 Cottonseed cake or meal or by-products. 20 92 Soybean oil or

21、by-products. 20 93 Nut or vegetable oils or by-products. 22 do Textile mill products. 23 do Apparel or other finished textile products or knit apparel. 24 do Lumber or wood products. 25 do Furniture or fixtures. 26 do Pulp, paper or allied products except 26 1 Pulp or pulp mill products. 26 211 News

22、print. 26 212 Ground wood paper, uncoated. 26 213 Printing paper, coated or uncoated, etc. 26 214 Wrapping paper, wrappers or coarse paper. 26 218 Sanitary tissue stock. 26 471 Sanitary tissues or health products. 26 6 Building paper or building board except 26 613 Wallboard. 27 do Printed matter. 2

23、8 195 2223 do Iron chloride, liquid. 28 195 2730 do Iron sulphate. 28 195 6869 do Ferrous sulphate. 29 914 . do Coke produced from coal. 29 915 . do Distillate or residual fuel oil from coal refining. 30 do Rubber or miscellaneous plastics products except 30 111 Rubber pneumatic tires or parts. 31 d

24、o Leather or leather products. 32 do Clay, concrete, glass or stone products except 32 411 Hydraulic cement, natural, portland or masonry. 32 741 Lime or lime plaster. 32 95 Nonmetallic earths or minerals, ground or treated in any other manner except 32 952 15 Cinders, clay, shale expanded shale), s

25、late or volcanic (not pumice stone), or haydrite. 33 do Primary metal products, including galvanized. 34 do Fabricated metal products except 34 6 Metal stampings. 34 919 40 Radioactive material shipping containers, etc. 35 do Machinery except 35 11 Steam engines, turbines, turbine generator sets, or

26、 parts. 35 85 Refrigerators or refrigeration machinery or complete air-conditioning units. 36 do Electrical machinery, equipment or supplies except 36 12 Power, distribution or specialty transformers. 36 21 Motors or generators. 37 11 . do Motor vehicles. VerDate Mar2010 15:03 Nov 23, 2010 Jkt 22021

27、9 PO 00000 Frm 00091 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-82 49 CFR Ch. X (10110 Edition) 1039.11 STCC No. STCC tariff Commodity 37 14 . do Motor vehicle parts or

28、accessories. 38 do Instruments, photographic goods, optical goods, watches or clocks. 39 do Miscellaneous products of manufacturing. 41 118 . 6001U, eff. 1193 Used vehicles. 14 715 . 6001V, eff. 1194 Rock salt. 20 143 . do Grease or inedible tallow. 28 133 . do Carbon dioxide. 28 991 . do Salt. 324

29、do Hydraulic cement. 34 912 . 6001W, eff. 1195 Steel shipping containers. 40 211 . do Iron and steel scrap. 33 119 . 6001X, eff. 11196 Blast furnace, open hearth, rolling mill or coke oven products, NEC. 20511 6001X, eff. 1196 Bread or other bakery products exc. biscuits, crackers, pretzels or other

30、 dry bakery products. See 2052120529. 22941 do. . Textile waste, garnetted, processed, or recovered or recovered fibres or flock exc. packing or wiping cloths or rags. See 22994. 22973 do. . Textile fibres, laps, noils, nubs, roving, sliver or slubs, prepared for spinning, combed or converted. 22994

31、 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, et

32、c. 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 allo

33、y 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,

34、 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 fer-tilizer. 4

35、029176 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, tu

36、bes, 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 move-ment, and so ce

37、rtified. 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. Excluded from this exemption are any movements for which a finding of mar-ke

38、t dominance has been made. How-ever, this exemption shall not be con-strued as affecting in any way the ex-isting regulations, agreements, pre-scriptions, conditions, allowances or levels of compensation regarding the use of equipment, whether shipper or railroad owned or leased, including car hire,

39、 per diem and mileage allowances, and also including exemption from the anti-trust laws necessary to negotiate car service regulations or mandatory interchange of equipment or to main-tain and execute such agreements. Nor shall this exemption be construed to affect existing Class III railroad pro-te

40、ctions in the case of boxcars. (b) Conditions. Carriers must continue to comply with Board accounting and reporting requirements. All railroad tariffs pertaining to the transportation of these miscellaneous commodities will no longer apply. This exemption shall remain in effect, unless modified VerD

41、ate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00092 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-83 Surface Transportation Board, DOT 1039.14 or revoked by a subs

42、equent order of this Board. 48 FR 24901, June 3, 1983 EDITORIAL NOTE: For FEDERAL REGISTER ci-tations affecting 1039.11, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. 1039.12 Long and short haul trans-portation exemption. (a

43、) All rates and charges for rail transportation are exempt from the provisions of 49 U.S.C. 10726 to the ex-tent that: (1) Board approval or consideration before the effective date of these rates and charges is not required; and (2) Section 10707 will not apply to rates to the extent that they are c

44、hal-lenged on the basis of alleged viola-tions of section 10726. (b) This exemption does not extend to review by the Board upon the filing of a formal complaint alleging a violation of section 10726. Board review will, however, be subject to the following conditions: (1) A showing that a rate violat

45、es section 10726 will not create a presump-tion that the higher rate is unreason-ably high, and (2) A finding by the Board that a rate or charge violates the provisions of sec-tion 10726 will not, absent a specific showing of damages, afford a basis for an award of reparations. 48 FR 9649, Mar. 8, 1

46、983 1039.13 Rail intermodal transpor-tation exemption. See Part 1090. 52 FR 23660, June 24, 1987 1039.14 Boxcar transportation ex-emptions and rules. (a) The Rail transportation of all commodities in boxcars is exempt from the provisions of 49 U.S.C. subtitle IV except as otherwise provided in this

47、section. (b) The Board retains jurisdiction in the following areas: (1) Car hire and car service. (2) Mandatory interchange of equip-ment. (3) Reciprocal switching or joint use of terminal facilities. (4) Car supply. (5) Freight car pooling agreements. (6) Freight rates applicable to boxcar traffic

48、originating or terminating at an industry facility served physically by a Class III rail carrier, to the extent pro-vided in paragraphs (c)(4) and (c)(5) of this section. (c)(1) Except as provided in paragraph (c)(2) of this section, carriers are au-thorized to take the following actions with respec

49、t to boxcar equipment use: (i) Assess charges for empty move-ment of cars where movements are made at the request of the car owner, the Association of American Railroads, or the Board. The empty mileage charge is subject to a maximum of 35 cents per mile, as adjusted for inflation or deflation using the rail cost adjust-ment factors published periodically by the Board in Ex Parte No. 290 (Sub-N