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of the proposed schedules has been postponed indefirespondents, except as hereinafter indicated. · hearing, the respondents were authorized to, and did, oposed ratings on tobacco stems, and they will not be dered. At the hearing, the protestants withdrew their · the proposed rating on the plate bands or rings, since acture is now prohibited by the War Production Board, proposed ratings on the rivets because they would not regulation. The withdrawal, in part, of the protest

the suspension of the proposed schedules, does not of it the conclusion that the proposed changes are just and

Classification of Hand Pea Hullers, 109 I. C. C. 143, 'espondents and the conference presented evidence respecthe ratings in issue, and the protestants offered no evidence. -The respondents now maintain on a list of approximately , including rivets, under the generic description "builders' ,"exceptions ratings of third class (70 percent of first less than truckloads; and fourth class (50 percent of first truckloads, minimum 20,000 pounds between certain areas 0 pounds between other areas. These ratings apply on mixed ts of rivets with the other articles in the list and on straight its of rivets, except straight shipments of iron or steel rivets, rass, or copper coated. The proposed change would cancel eptions ratings on all kinds of rivets in straight shipments, sult in the application of the ratings in the national motor i classification. No change is proposed on mixed shipments of with other kinds of builders' hardware. In the governing classin, rivets, in straight shipments, are rated, in less than truck, from first class (nickel-silver rivets) to fourth class (plain or steel rivets); and, in truckloads, from third class to fifth class percent of first class). By exception, a minimum of 20,000 or 00 pounds is applicable, depending upon the area in which the rement takes place. The proposed adjustment would result in some increases and some

reases in the present ratings, and it would uniformly accord the tings in the governing classification to all kinds of rivets in straight ipments. We conclude that the proposed adjustment is just and asonable.

Spools and plate bands or rings. The present ratings in the governng classification and those proposed for application on traffic moving generally between points in trunk-line territory are as follows: 42 M. C. C.

INVESTIGATION AND SUSPENSION DOCKET No. M-2177
CLASSIFICATIONS IN MIDDLE ATLANTIC STATES

Submitted August 24, 1943. Decided September 21, 1943

1. Proposed cancelation of motor common carrier exceptions rating on iron

or steel rivets, plain, brass, or copper coated, in straight shipments,

between points in trunk-line territory, found just and reasonable. 2. Proposed increased motor common carrier any-quantity exceptions ratings

on ribbon-winding spools, metal, flanged with pulpboard, paperboard, or fiberboard, in boxes; and on plate bands or rings, wood pulp or pulpboard, nested, in packages, between points in trunk-line territory, found not

shown to be just and reasonable. 3. Order entered requiring cancelation of proposed schedules, to the extent

found unlawful, and discontinuing proceeding, without prejudice to the

filing of new schedules in conformity with views expressed. Charles E. Cotterill and Dabney T. Waring for respondents and others. W. Carroll Parks and Harvey P. Schneiber for protestants.

REPORT OF THE COMMISSION
DIVISION 3, COMMISSIONERS MILLER, PATTERSON, AND JOHNSON
BY DIVISION 3:

Exceptions were filed by the respondents to the recommended order of the examiner. Our conclusions differ somewhat from those recommended.

By schedules filed to become effective January 25, 1943, motor common carriers, parties to the classification-exceptions tariff of the Middle Atlantic States Motor Carrier Conference, Inc., hereinafter called the conference, proposed to establish, for application between points generally in trunk-line territory, increased and reduced lessthan-truckload and truckload ratings on rivets, in straight shipments; and increased any-quantity ratings on ribbon-winding spools, metal, flanged with pulpboard, paperboard, or fiberboard, in boxes; on plate bands or rings, wood pulp or pulpboard, nested, in packages; and on unmanufactured tobacco stems, in bags, or in bales when not machine pressed. Upon protest of the Price Administrator, in his behalf and in behalf of the Director of Economic Stabilization, operation of the proposed schedules was suspended until August 25, 1943, and the

effective date of the proposed schedules has been postponed indefinitely by the respondents, except as hereinafter indicated.

Prior to the hearing, the respondents were authorized to, and did, cancel the proposed ratings on tobacco stems, and they will not be further considered. At the hearing, the protestants withdrew their objections to the proposed rating on the plate bands or rings, since their manufacture is now prohibited by the War Production Board, and to the proposed ratings on the rivets because they would not affect price regulation. The withdrawal, in part, of the protest which led to the suspension of the proposed schedules, does not of itself permit the conclusion that the proposed changes are just and reasonable. Classification of Hand Pea Hullers, 109 I. C. C. 143, 145. The respondents and the conference presented evidence respecting all of the ratings in issue, and the protestants offered no evidence.

Rivets.—The respondents now maintain on a list of approximately 40 articles, including rivets, under the generic description "builders' hardware," exceptions ratings of third class (70 percent of first class), in less than truckloads; and fourth class (50 percent of first class), in truckloads, minimum 20,000 pounds between certain areas and 23,000 pounds between other areas. These ratings apply on mixed shipments of rivets with the other articles in the list and on straight shipments of rivets, except straight shipments of iron or steel rivets, plain, brass, or copper coated. The proposed change would cancel the exceptions ratings on all kinds of rivets in straight shipments, and result in the application of the ratings in the national motor freight classification. No change is proposed on mixed shipments of rivets with other kinds of builders' hardware. In the governing classification, rivets, in straight shipments, are rated, in less than truckloads, from first class (nickel-silver rivets) to fourth class (plain iron or steel rivets); and, in truckloads, from third class to fifth class (35 percent of first class). By exception, a minimum of 20,000 or 23,000 pounds is applicable, depending upon the area in which the movement takes place.

The proposed adjustment would result in some increases and some decreases in the present ratings, and it would uniformly accord the ratings in the governing classification to all kinds of rivets in straight shipments. We conclude that the proposed adjustment is just and reasonable.

Spools and plate bands or rings.—The present ratings in the governing classification and those proposed for application on traffic moving generally between points in trunk-line territory are as follows: 42 M. C. C.

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Ribbon-winding spools of the type included in the proposed description are manufactured at North Bergen, N. J., and there is some movement by motor common carriers from that point to Hagerstown, Md. The spools made at North Bergen consist of a thin metal hollow cylinder approximately 2.5 inches long and 1.62 inches in diameter, and paperboard flanges about one-half inch high and less than one-sixteenth inch thick. They generally are packed for shipment in paperboard boxes which, when filled, weigh 5.3 pounds a cubic foot. Their value is 24 cents a pound.

Plate bands or rings, in the form of pie bands or rings, are manufactured at Hoboken, N. J., and have moved by motor carrier to Baltimore, Md. The pie band or ring is made of a strip of paperboard about 29 inches long and 2.5 inches wide, folded down about one-fourth inch along one edge, and scalloped on the opposite edge. The band or ring, when the ends are joined together by tabs, fits around, and protects, the edge of the pie. The bands or rings are nested by rolling a number of them together. Their shipping density is 7.22 pounds a cubic foot, and value, approximately 10 cents a pound.

The ratings in the national motor freight classification were adopted, for the most part, from the rail consolidated freight classification. These ratings, according to the respondents, generally are too low on light and bulky articles, such as those here considered, because inadequate consideration was given to weight densities.

. Based on the densities per cubic foot of 5.3 pounds for the spools and 7.22 pounds for the bands or rings, and an average vehicle capacity of 1,000 cubic feet, a truckload of the spools would weigh about 5,300 pounds, and a truckload of the bands or rings, approximately 7,220 pounds. On shipments of these weights, the respondents' class

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