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No. MC-89026
CHARLES ARTHUR BRISCOE COMMON CARRIER

APPLICATION

Decided July 13, 1938

Public convenience and necessity found to require operation by applicant as a

common carrier by motor vehicle, of general commodities, between Washington, D. C., and Pope's Creek, Md., over a regular route. Certificate granted. Charles Arthur Briscoe for applicant.

REPORT OF THE COMMISSION
DIVISION 5, COMMISSIONERS EASTMAN, CASKIE, AND ROGERS
BY DIVISION 5:

On June 23, 1938, the following recommended report and a recommended order appended thereto, filed with us by joint board No. 120, were served on the parties. No exceptions to the order have been filed, and, not having been stayed or postponed by us, it has become effective as our order.

REPORT AND ORDER RECOMMENDED BY JOINT BOARD NO. 120, COMPOSED OF

JAMES L. MARTIN OF DISTRICT OF COLUMBIA AND HAROLD E. WEST OF MARYLAND

By application filed April 5, 1938, Charles Arthur Briscoe, of White Plains, Md., seeks a certificate of public convenience and necessity authorizing operation, in interstate or foreign commerce, as a common carrier by motor vehicle, of general commodities, between Washington, D. C., and Pope's Creek, Md., over Maryland Highways 5 and 3. No protest against granting of the application has been filed.

It appearing, upon investigation of the matters involved in the application, that no hearing in respect thereof may be necessary, the application was referred to joint board No. 120 for appropriate proceedings, in accordance with the provisions of the Motor Carrier Act, 1935.

Pope's Creek is a small town in southern Maryland. It is the terminus of a branch line of the Pennsylvania Railroad which extends from the main line at Bowie, Md. It does not appear that any motor carriers other than applicant serve Pope's Creek or points on appli

cant's proposed route between Pope's Creek and La Plata, Md. Two motor carriers operate over the proposed route between La Plata and Washington, serving La Plata and Port Tobacco, Md. White Plains, where applicant resides, is about 5 miles north of La Plata. The principal industry in the section south of White Plains is tobacco raising and fishing.

Applicant has been in operation since May 13, 1937. His present operations apparently are in violation of the act, and should be discontinued until the proper authority is granted therefor. He operates a 1.5-ton 1937-model truck, and appears to be able, financially and otherwise, to conduct the operation in an efficient manner. It appears that a need exists for truck service between Washington and White Plains or points south thereof, and no one has opposed the granting of authority to applicant to maintain such service.

The board finds that public convenience and necessity require operation by applicant, in interstate or foreign commerce, as a common carrier by motor vehicle, of general commodities, except uncrated household or office furnishings and commodities which require special equipment, between Washington and Pope's Creek, over Maryland Highway 5 from Washington to Waldorf, Md., thence over Maryland Highway 3 and an unnumbered highway to Pope's Creek, serving all intermediate points south of Waldorf, Md.; that applicant is fit, willing, and able properly to perform such service and to conform to the provisions of the act and the requirements, rules, and regulations of the Commission thereunder; and that an appropriate certificate should be granted. It is recommended that the appended order be entered.

9 M. C. C.

No. MC-88207 GLENN HUGHES COMMON CARRIER APPLICATION

Decided July 11, 1938

Public convenience and necessity found to require operation by applicant as a

common carrier by motor vehicle, over irregular routes, in interstate or foreign commerce, of oil-field equipment, from McCamey, Tex., to oil fields in Texas within 75 miles thereof. Certificate granted and application

denied in all other respects.
Glenn Hughes for himself.
Herbert L. Smith for protestants.

REPORT OF THE COMMISSION
DIVISION 5, COMMISSIONERS EASTMAN, CASKIE, AND ROGERS
BY DIVISION 5:

On June 10, 1938, the following recommended report and a recommended order appended thereto, filed with us by joint board No. 77, were served on the parties. No exceptions to the order were filed, but on June 30, 1938, we postponed to July 11, 1938, the date on which the said order should become the order of the Commission and become effective. Not having been stayed or further postponed by us, it has become effective as our order.

REPORT AND ORDER RECOMMENDED BY JOINT BOARD NO. 77, COMPOSED OF

MARK MARSHALL OF TEXAS

By application filed August 3, 1937, as amended at the hearing, Glenn Hughes, of McCamey, Tex., seeks a certificate of public convenience and necessity authorizing operation as a common carrier by motor vehicle, in interstate or foreign commerce, of oil-field equipment, over irregular routes, between McCamey, Tex., and points and places in Texas within 75 miles thereof.

In accordance with the provisions of the Motor Carrier Act, 1935, the application was referred to joint board No. 77 for hearing and recommendation of an appropriate order thereon. Hearing has been held. Certain motor and rail carriers opposed the application but withdrew their objections at the close of the hearing.

Applicant is at present operating under authority issued by the Railroad Commission of Texas, which authority includes permission to transport oil-field equipment between certain points in Texas. This permit was issued by the State without a showing of publie convenience and necessity.

As to the operations consisting of transporting oil-field equipment from oil fields in Texas to warehouses and pipe yards in McCamey, no evidence was introduced showing that applicant would, as to such transportation, interchange traffic with any rail, motor, or water carrier, would participate in through or joint rates, would cross any State line, or would otherwise handle traffic moving in interstate or foreign commerce. It follows that in transporting such shipments applicant is not subject to regulation under the Motor Carrier Act, 1935.

The question here presented is whether transportation of oil-field equipment from McCamey, including railroad yards in McCamey, to points in Texas within 75 miles thereof over routes entirely within that State, is an operation in interstate or foreign commerce and subject to the act.

Some of the equipment transported by applicant moves by rail from origin points outside Texas to McCamey. In certain instances applicant unloads these shipments from the car and hauls them to warehouses and pipe yards in McCamey. This equipment subsequently moves to the oil fields as demand for it arises. Frequently, however, the movements are direct from the railroad yards to consignees at oil fields beyond McCamey. Applicant also moves oil-field equipment which has originated outside the State from warehouses and pipe yards in McCamey to other points in Texas. In all instances applicant is compensated by the consignee and has no arrangements with other carriers.

That part of applicant's operations which is confined to transporting oil-field equipment for the consignee from the railroad yards in McCamey to warehouses or pipe yards located in McCamey, such transportation being wholly within a municipality and not under a common control, management, or arrangement for a continuous movement in interstate or foreign commerce, is exempt under section 203 (b) (8) of the Motor Carrier Act, 1935, from all requirements of the act except the provisions of section 204 relative to qualifications and maximum hours of service of employees and safety of operation or standards of equipment. Bigley Bros., Inc., Contract C'arrier Application, 4 M. C. C. 711.

That part of applicant's operations which consists of transporting oil-field equipment from warehouses or pipe yards in McCamey to a destination in oil fields in Texas, under the facts shown, not with standing that these commodities originally moved to McCamey from points outside Texas, does not constitute a movement in interstate or foreign commerce within the meaning of the act, there being involved no joint rates, no provision for storage in transit, or any other arrangement between applicant and other carriers for a continuous haul from origin points to any place beyond the point of delivery by the rail carrier. Mere intent on the part of the local distributors of oil-field equipment to have these commodities forwarded to oil fields as demand arises at some future time does not establish essential continuity of movement between the original shipment by rail and the subsequent movements to the warehouses and pipe yards and then to the oil fields. Surles Contract Carrier Application, 4 M. C. C. 488.

That part of applicant's operations which consists of the transportation, over irregular routes, of oil-field equipment from the railroad yards in McCamey to consignees in Texas oil fields beyond the municipality of McCamey, where the movement originates outside the State and where the original and continuing intention is to ship equipment from points outside Texas to points within that State, is part of a continuous movement from the origin point to the ultimate destination. The fact that the movement from McCamey is covered by separate billing does not change the interstate character of the movement. Baltimore & 0.8. W.R. Co. v. Settle, 260 U. S. 166. It follows that shipments handled as above described are part of a movement in interstate or foreign commerce, and to the extent that applicant engages in such transportation he is subject to the provisions of the act.

Applicant's equipment consists of a 1.5-ton late-model truck and semitrailer in good condition. He is familiar with the Commission's safety regulations and is willing to comply therewith. The record shows that applicant is financially able to conduct the proposed operations and that public convenience and necessity require operation by applicant.

The joint board finds that public convenience and necessity require operation by applicant as a common carrier by motor vehicle, in interstate or foreign commerce, of oil-field equipment, from McCamey to oil fields in Texas within 75 miles thereof; that applicant is fit, willing, and able properly to perform the duties of a common carrier; and that an appropriate certificate should be granted. In all other respects the application should be denied.

It is recommended that the appended order be entered. 9 M. C.C.

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