18.35 Although exceptions are not in form prescribed by sec. 1.96, they indicate basis of objections to examiner's recommendation and will be considered with admonition that rules should in all instances be carefully observed. MC-112582, Sub 5, T. M. Zimmerman Co. Ext.-Frozen Foods & Foodstuffs, ... ... М. С. С....., 5-29-58, Div. 1. .... 18.4 Final 18.42 Orders & Certificates 18.42 Where evidence justifies grant of form of authority other than that applied for, such form of authority properly may be granted. See 17 М. С. С. 373, 376. MC-114475, Sub 4, General Transport, Inc. Ext.Feed, .... М. С. С. 5-29-58, Div. 1. 18.57 Reopening و.... 18.5 Reconsideration 18.57 Applicant has submitted no grounds for further hearing requested in exceptions, and he has been given full opportunity to present his evidence. Accordingly, his request is hereby denied. MC-12661, S. S. Santaniello Broker App. 5-15-58, Div. 1. 20.01 Proposed line of Texas & Pacific Ry. Co. will connect two common carriers subject to Commission jurisdiction and will provide new route for transportation in interstate commerce, in which T. & P. will participate. Construction and operation contemplated by T. & P. are within Commission's jurisdiction. See 271 U. S. 244. F. D. 19786, Great S. W. R. Inc. Construction, etc., 6-3-58, Div. 4. 20.03 Water Carriers 20.03 Found that improvements on lower Atchafalaya River near Morgan City, La., do not open river route for navigation within meaning of proviso in sec. 309(d) of Act. Applications thereunder dismissed. W-104, Sub 5, Union Barge Line Corp. Ext.-Atchafalaya River (La.), I. C. C. .... 20.08 As to imposition of restriction to dairy products moving in split T. Ls. with other commodities, Commission does not favor restrictions of this type. MC-114019, Sub 9, Emery Transp. Co. Ext.-Indianapolis, Ind. & Storm Lake, Iowa, 6-27-58, Div. 1. 20.08 Since applicant will be limited to service under contracts with two shippers, a further limitation to peddle service is not justified. Commission does not favor imposition of restrictions of this kind since they create serious problems of enforcement. Although application as filed included such a limitation, it will not be imposed in grant of authority herein. Compare 322 U. S. 1. MC-106213, Sub 9, Fox-Smythe Transp. Co.-El Paso, Texas, 5-15-58, Div. 1. 20.08 In accordance with sec. 209(b), as amended, authority limited to service of single named shipper. MC-30518, Sub 1, C. A. Stilwell Ext.Dry Whey, 5-29-58, Div. 1. 20.09 Restriction Upon Equipment 20.09 In view of type of service needed, restriction limiting applicant to any special type of equipment is not appropriate and would, if imposed, hamper efficiency of applicants' operations. Furthermore, barring extraordinary circumstances, restriction "in T. L. shipments" is undesirable. No such unusual circumstances exist and accordingly it will not be imposed. MC-117038, L. S. Gilligan Corp. Com. Car. App., 6-30-58, Div. 1. 20.09 Authority granted restricted to use of spreader equipped vehicles. MC-116647, Sub 1, C. B. Liebenow Com. Car. App., 6-26-58, Div. 1. 20.09 For reasons set forth in 64 M. C. C. 559, transportation to be performed limited to vehicles equipped with mechanical refrigeration. MC107515, Sub 256, Refrigerated Transport Co., Inc. Ext.-Loring, Kan., 6-30-58, Div. 1. 20.1 When Interstate Franchise Required 20.10 Generally 20.10 Applicants anticipate that shippers located at Piggott will be served by Cotton Belt, which will acquire applicant's industrial trackage at that point. Commission approval will be required prior to acquisition of such trackage by Cotton Belt or any other carrier. See 295 I. С. С. 585. F. D. 20155, St. Louis-S. F. Ry. Co.-Abandonment (Por.)-Piggott Branch, 6-19-58, Div. 4. 20.12 Exempt Operations 20.12 Service performed between points within N. Y. C. commercial zone have been found to be exempt from permit and certificate requirements of Act. MC-114711, Sub 1, Frank Saslovsky Ext.-Crated & Uncrated Baby Carriages, 5-29-58, Div. 1. 20.12 No specific authority is needed to transport mail. MC-57298, Sub 5, Union Bus Lines, Inc. Ext.-Driscoll & Robstown, Texas, М. С. С. ..... 5-23-58, Div. 1. 20.13 Intrastate Operations .... 20.13 Proposal as to two points involves service from and to points which are located wholly within New York state. Evidence with respect to such points provides no adequate basis for concluding interstate authority is required for such operation. MC-94835, Sub 1. Brick Trucking Corp. Ext.Long Island, N. Y. 6-12-58, Div. 1. 20.13 MC-F-6854, Germann Bros. Motor Transp., Inc.-Pur. J. D. Ross, 7-3-58, Div. 4. (Please see 04.92, Same Title) 20.20 Generally 20.2 Administrative Policies 20.20 Where an obvious need for additional service arises by reason of construction of large-scale public project, carriers operating in and reasonably near territory should be authorized to extend their services to new project, transporting commodities handled under their present certificates. Compare 71 М. С. С. 295; and 71 M. C. C. 695, MC-40971, Sub 1, Doral 5-27-58, Pallesen Ext.-Flaming Gorge Dam, (Utah), Div. 1. 20.31 Priority .... М. С. С. 20.3 Conflicting Applications ..... 20.31 Public interest transcends interest of individual applicants. Priority of filing between two or more applicants is of importance only where it can be found that traffic for which need for transportation exists is only sufficient to require services of a single carrier. MC-111159, Sub 30, Miller Petroleum Transporters, Ltd. Ext.-Asphalt from Memphis, Tenn., 5-28-58, Div. 1. 20.4 Prescriptive (Grandfather) 20.40 Requisite Proof 20.40 Proof of claim to territorial service requires only reasonable showing of service at representative number of points throughout territory. 34 М. С. С. 587. MC-2754, Sub 8, Neuendorf Transp. Co. Ext.-Wausau, Wis.,.... М. С. С. ....,6-18-58, Commission. 20.43 Continuity of Operations 20.43 It is clear that considered operations have been conducted under color of right; and long-continued use of applicant's service in these circumstances is strong evidence of continuing need therefor. MC-78705, Sub 11, McLain Trucking, Inc. Ext.-Billets, 5-28-58, Div. 1. .... М. С. С. ...., 20.5 Modification of Grandfather Authority 20.54 Commodities Authorized 20.54 Many certificates, particularly in early days of motor-carrier regulation, were issued after informal handling by Commission's Field Staff. Some of descriptive commodity terms then used, which seemed clear to all parties subsequently have been found to be ambiguous to some extent and susceptible to conflicting interpretations or not to describe accurately type of service in which applicant was engaged. In number of cases it has been found proper, in such instances of ambiguity to look behind certificate to determine what service actually was intended to be authorized. Petitioner found entitled to certain modifications in description of authorized commodities. 68 M. С. С. 269 and 72 M. С. С. 281, MC-42148, Thos. Boyd Com. Car. App.-Petition for Clarification, 5-21-58, Div. 1. Extent of Operations Generally .... 21. Nature & 21.02 Duplication-Generally М. С. С. .... 21.02 In order to avoid so far as practicable issuance of duplicative rights, that portion of application which seeks such authority will be denied. Authority herein granted to extent it duplicates any now held by applicant shall not be construed as conferring more than one right. MC-114711, Sub. 1, Frank Saslovsky Ext.-Crated & Uncrated Baby Carriages, 5-29-58, Div. 1. To Same Effect: MC-3094, Sub 8, Service Motor Freight, Inc. Ext.-Mineral Wool Products, 6-25-58, Div. 1. 21.21 Public & Private 21.2 Dual Operations 21.21 Applicant's activity as dealer in minerals, including transportation thereof, requires that certain conditions as set forth in findings be imposed, regarding maintenance of separate records for his private and forhire operations. MC-116818, D. A. Slover Cont. Car. App., 5-26-58, Div. 1. 21.21 Applicant shall maintain completely separate accounting systems for his private and for-hire operations, and shall not at same time and in same vehicle transport property both as a private and as a carrier for-hire. MC-116543, R. J. Vollbracht Cont. Car. App., Div. 1. To Same Effect: .... М. С. С. ...., 6-27-58, MC-116647, Sub 1, C. B. Liebenow Com. Car. App., 6-26-58, Div. 1. 21.22 Common & Contract 21.22 Purchase application may be approved, subject to imposition of certain operating restrictions in contract carrier rights so as to eliminate or minimize opportunities for unjust discrimination. MC-F-6732, Pic-Walsh Freight Co.-Pur.-Hunter Cartage Co., М. С. С. ...., 6-17-58, Div. 4. .... 21.22 Operations of Brink's as contract carrier would not be competitive with operations of U. S. Trucking Corp. as common carrier, nor would same shippers be served in those services. In circumstances, it may properly be found that dual operations under common control would be consistent with public interest and National Transportation Policy. MC-F7-11-58, 6544, Pittston Co.-Control-Brink's Inc., Div. 4. 21.33 Irregular Routes .... 21.3 Routes Operated М. С. С. ...., 21.33 As proposed service appears to be essentially irregular-route operation, irregular-route authority granted rather than regular-route authority sought. MC-116543, R. J. Vollbracht Cont. Car. App., М. С. С. ...., 6-27-58, Div. 1. .... 21.40 Generally 21.4 Joinder of Authority 21.40 Applicant's described tacking of its irregular-route authorities with other of its regular-route authorities at common points has been proper, provided character of service under each authority was maintained. MC26739, Sub 22, Crouch Bros., Inc. Ext.-New Gateways, .. М. С. С. 6-9-58, Div. 1. .... ...., 21.40 Contract carriers may not lawfully "tack" separate grants of operating rights for performance of through service or interline with other carriers for such service. See 49 М. С. С. 103. MC-F-6544, Pittston Co.Control-Brink's Inc., 21.42 Restrictions .... M. C. C....., 7-11-58, Div. 4. 21.42 Interim permit granted herein conditioned so that should a corresponding certificate eventually be issued, that certificate will be restricted to prevent tacking of authority granted with any of applicant's other authority for purpose of performing a through movement. MC-114019, Sub 12, Emery Transp. Co. Ext.-Barrington, III., 5-26-58, Div. 1. М. С. С. 21.42 Restriction against tacking imposed. MC-108449, Sub 48, Indianhead Truck Line, Inc. Ext.-Duluth, Minn., 5-16-58, Div. 1. .... ..... 21.42 Unless there is a valid reason for imposition of a restriction against tacking it is not Commission's practice to do so. See 73 M. С. С. 538. MC-112617, Sub 26, Liquid Transporters, Inc. Ext. Columbia Park, Ohio. 21.42 Commission has many times indicated its reluctance to impose restrictions against tacking; and unless there is a valid reason for so restricting an authority, it has not been its practice to do so. Here, no convincing reason has been shown for imposing such a restriction. MC-110420, Sub 115, Quality Carriers, Inc. Ext.-Eastern States, 6-30-58, Div. 1. 21.42 As no compelling reason exists for imposing a tacking restriction, no such restriction will be imposed. However, unrestricted authority granted herein although separately stated is, and shall be considered, a single grant such that parts thereof cannot be tacked one with another. See 43 М. С. С. 497. MC-113779, Sub 52, York Interstate Trucking, Inc. Ext.-3 Counties, 6-30-58, Div. 1. 21.50 Generally 21.5 Points Authorized 21.50 Since exact location of imaginary boundaries is difficult to determine, Commission does not favor their use in operating authorities. MC-35088, Sub 1, R. T. Gill, Jr. Ext.-General Commodities, М. С. С. .... 21.54 Grant limited to sites of shippers' plants. Such grant of authority is not limitation to a single shipper at a particular site, since service at each site may be performed for and at direction of any number of consignees, as well as shipper. MC-112020, Sub 31, Commercial Oil Transport Ext.Petroleum Oils & Waxes, 5-28-58, Div. 1. 21.54 All applicants seek authority to serve only plant site at or near Buckner. Such restriction is undesirable if it can reasonably be avoided. Record shows plant to be located either within incorporated community of Buckner or within its commercial zone; and there is no apparent need to limit operations to plant site itself. MC-40858, Sub 45, Silver Fleet Motor Exp., Inc. Ext.-Buckner, Ky. Plant, 6-30-58, Div. 1. 21.54 Commission is reluctant to impose limitation of motor-carrier services to shipper's plant site unless public interest requires by compelling circumstances. MC-112520, Sub 17, South State Oil Co. Ext.-Rosin, 5-28-58, Div. 1. 21.55 Indefinite Location 21.55 Limitation of authority to western boundary of New Orleans commercial zone is too indefinite. Off-route authority granted between Port Allen and Ama, a point near that zone, restricted against tacking. MC-2130, Sub 50, Couch Motor Lines, Inc. Ext. -Memphis, Tenn., 5-27-58, Div. 1. 21.55 Use of an imaginary line for a boundary is not satisfactory due to difficulties involved in determining its exact location. Specified highways will be substituted for this imaginary line in grant of authority. MC113617, Sub 9, Highway Transport Co. Ext. Secondary Movements, M. C. C....., 5-15-58, Div. 1. 21.56 Commercial Zones-Generally .... 21.56 Το avoid grant which will include St. Louis under "terminal area" rule, grant will be phrased territorially in terms of townships. MC116713, Sub 1, C. F. Ropos Com. Car. App., М. С. С. 6-20-58, Div. 1. 21.58 Commercial Zones-Application .... ..... 21.58 If grant herein were limited, in Johnstown area, to service at Johnstown only, applicant could serve in addition to Johnstown and municipalities contiguous thereto, only those points within four miles of city limits and those within incorporated municipality, a part of which lies within four miles of Johnstown. See 46 M. C. C. 665; and 54 М. С. С. 21. Need is greater and area authorized will permit service at all points within 10 miles of Johnstown. MC-116506, Wm. Grimm Com. Car. App., M. C. C....., 6-30-58, Div. 1. .... 21.59 Upon investigation, limits of zone which is adjacent to and commercially a part of St. Louis, Mo.- East St. Louis, Ill., within meaning of sec. 203(b) (8) of Act, redefined to include Chrysler plant. Prior reports 1 М. С. С. 656; 2 М. С. С. 285; 61 M. C. C. 489. MC-C-1, St. Louis-East St. Louis, III. Commercial Zone, .... М. С. С. و.... 5-21-58, Div. 1. |