[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR372.115]



[Page 66-67]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 372_EXEMPTIONS, COMMERCIAL ZONES, AND TERMINAL AREAS--Table of 

Contents

 

                          Subpart A_Exemptions

 

Sec. 372.115  Commodities that are not exempt under 49 U.S.C. 13506(a)(6).



    49 U.S.C. 13506(a)(6) provides an exemption from regulation for 

motor vehicles used in carrying ordinary livestock, fish, and 

unmanufactured agricultural commodities. Certain specific commodities 

have been statutorily determined to be non-exempt. Administrative Ruling 

No. 133, which is reproduced below, is a list of those commodities that 

are non-exempt by statute.



                      Administrative Ruling No. 133



   List of Commodities That Are Not Exempt by Statute Under 49 U.S.C. 

                               13506(a)(6)



Animal fats

Butter

Canned fruits and vegetables

Carnauba wax as imported in slabs or chunks

Cattle, slaughtered

Charcoal

Cheese

Coal

Cocoa beans

Coffee, beans, roasted, or instant

Copra meal

Cotton yarn

Cottonseed cake or meal

Diatomaceous earth

Dinners, frozen



Feeds:



    Alfalfa meal

    Alfalfa pellets

    Beet pulp

    Bran shorts

    Copra meal

    Corn gluten

    Distilled corn grain residues, with or without solubles added

    Fish meal

    Hominy feed

    Middlings

    Pelletized ground refuse screenings

    Wheat bran

    Wheat shorts



Fertilizer, commercial



Fish:



    Canned or salted as a treatment for preserving

    Cooked or partially cooked fish or shrimp, frozen or unfrozen

    Hermetically sealed in containers as a treatment for preserving

    Oil from fishes

    Preserved, or treated for preserving, such as smoked, salted, 

pickled, spiced, corned or kippered



Flagstone

Flaxseed meal

Flour



Forest products:



    Resin products, such as turpentine



Fruits and Berries:



    Bananas, fresh, dried, dehydrated, or frozen

    Canned

    Frozen

    Hulls of oranges after juice extractions

    Juice, fruit, plain or concentrated

    Pies, frozen



[[Page 67]]



    Preserved, such as jam

    Purees, strawberry and other, frozen



Grains:



    Oils extracted from grain

    Popcorn, popped

    Rice, precooked

    Wheat germ



Gravel

Hair, hog or other animal, product of slaughter of animal

Hay, sweetened with 3 percent molasses by weight

Hemp fiber

Hides, green and salted

Insecticides

Limestone, agricultural



Livestock:



    Monkeys

    Race horses

    Show horses

    Zoo animals



Lumber, rough sawed or planed

Maple syrup



Meal:



    Alfalfa

    Copra

    Cottonseed

    Fish

    Flaxseed

    Linseed

    Peanut

    Soybean



Meat and meat products, fresh, frozen or canned



Milk and Cream:



    Chocolate

    Condensed

    Sterilized in hermetically sealed cans



Molasses



Nuts (including peanuts):



    Peanut meal

    Roasted or boiled



Oil, mint

Oil, extracted from vegetables, grain, seed, fish or other commodity

Pelts

Pies, frozen

Pigeons, racing

Pulp, beet

Pulp, sugar cane

Rock (except natural crushed, vesicular rock to be used for decorative 

          purposes)

Rubber, crude, in bales

Rubber, latex, natural, liquid, from which water has been extracted and 

          to which ammonia has been added

Sand



Seeds:



    Oil extracted from seeds



Skins, animal

Soil, potting

Soil, top

Soup, frozen

Sugar

Sugar cane pulp

Sugar raw

Syrup, cane

Syrup, maple

Tea



Tobacco:



    Cigars and cigarettes

    Homogenized

    Smoking



Top Soil



Trees:



    Sawed into lumber



Vegetables:



    Candied sweet potatoes, frozen

    Canned

    Cooked

    French fried potatoes

    Oil, extracted from vegetables

    Soup, frozen

    Soybean meal



Wool imported from a foreign country

Wool tops and noils

Wool waste (carded, spun, woven, or knitted)

Wool yarn



    Note 1: Under 49 U.S.C. 13506(a)(6)(D), any listed fish or shellfish 

product that is not intended for human consumption is exempt.

    Note 2: Under 49 U.S.C. 13506(a)(6)(E), any listed livestock feed, 

poultry feed, agricultural seeds, or plants that are transported to a 

site of agricultural production or to a business enterprise engaged in 

the sale to agricultural producers of goods used in agricultural 

production is exempt



[53 FR 17707, May 18, 1988, as amended at 62 FR 15421, Apr. 1, 1997]