On exceptions, applicant indicates no objection to cancellation of his present permit if the proposed service is authorized. We will withhold issuance of a permit embracing the operating rights herein authorized pending receipt of a request from applicant for cancellation of the rights he presently holds.

We find that operation by applicant as a contract carrier by water in the transportation of motor vessels of more than 40 feet in length, or more than 8 feet in width, under their own power and without freight or passengers, from Detroit, and all ports and points in Michigan on Lake St. Clair and the Detroit and St. Clair Rivers to ports and points on the Great Lakes, the Atlantic coast, and the navigable waterways of the United States east of and including the Illinois Waterway and the Mississippi River from its confluence with the Illinois River to New Orleans, will be consistent with the public interest and the national transportation policy; and that applicant is fit, willing, and able properly to perform such service and to conform to the provisions of part III of the act and the requirements, rules, and regulations prescribed by the Commission thereunder. In all other respects the application will be denied.

Issuance of a permit authorizing the above-described operation will be withheld pending receipt on or before (a period of 60 days) of a request by applicant for cancellation of the permit issued him on May 25, 1948, in No. W-922.

285 I. C. C.

No. FF-240

M. G. MAHER AND W. S. APP FREIGHT FORWARDER APPLICATION

Decided November 14, 1955

Service by applicant as a freight forwarder of commodities generally from New Orleans, La., including subports thereof, to points in Alabama, Arkansas, Colorado, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Minnesota, Mississippi, Missouri, Nebraska, Ohio, Oklahoma, Tennessee, Texas, and Wisconsin found to be consistent with the public interest and the national transportation policy. Permit issued.

Rene A. Stiegler for applicant.

Louis A. Schwartz, E. B. McKinney, and O. B. Olson for interveners in support of applicant.

REPORT OF THE COMMISSION

DIVISION 4, COMMISSIONERS JOHNSON, ELLIOTT, AND TUGGLE

BY DIVISION 4:

The parties waived service of a proposed report.

By application filed May 16, 1955, M. G. Maher and W. S. App, a partnership, doing business as Maher-App & Company, of New Orleans, La., seeks a permit under the provisions of section 410 of the Interstate Commerce Act authorizing service as a freight forwarder of commodities generally in interstate commerce from New Orleans and subports thereof to points in Alabama, Arkansas, Colorado, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Minnesota, Mississippi, Missouri, Nebraska, Ohio, Oklahoma, Tennessee, Texas, and Wisconsin through the use of facilities of common carriers by rail and by motor vehicle.

1

The New Orleans Traffic & Transportation Bureau and the Board of Commissioners, Port of New Orleans, intervened in support of the application. National Carloading Corporation, a freight forwarder, and National Trailer Convoy, Inc., a motor carrier, filed protests against the granting of the application, but did not appear at the hearing.

Applicant has been engaged since 1950 as a customs broker and a foreign freight forwarder at New Orleans. This business consists

1 Algiers, Avondale, Chalmette, Gouldsboro, Gretna, Harvey, Marrero, Port Chalmette, Three Oaks, and Westwego, La.

APPENDIX A-Continued

Pacific ports authorized to be served in coastwise trade-Continued

Pacific and Atlantic ports authorized to be served in intercoastal trade

tities. Based on a survey of potential traffic, applicant believes that considerable import and some domestic traffic would move in the proposed service if it were made available and that the availability of its service would attract additional import traffic through New Orelans.

The port and business interests of New Orleans, as represented by the New Orleans Traffic & Transportation Bureau and the board of commissioners, have need for forwarder service such as proposed by applicant. For the past 5 years they have urged the establishment of such service from New Orleans to points in Midwestern States, and rates applicable thereto were established in 1952 by railroads and motor carriers, but existing freight forwarders holding authority so to operate have not provided the service. Forwarder service is available from the ports of New York and Baltimore to Midwestern States, and the New Orleans interests feel that in order to increase import traffic through New Orleans, that port must be provided with adequate freight-forwarder service such as here proposed.

Three customs brokers and foreign freight forwarders with offices at New Orleans expressed a need for applicant's service. They represent shippers and importers who ship to points located in the area embraced by the application. In their opinion, the port of New Orleans presently is losing considerable import business to eastern ports because of the absence of a northbound freight-forwarder service from New Orleans. A representative of one of the customs brokers presently serves as chairman of the port commerce committee of New Orleans, and in that capacity expressed the opinion that if a northbound freight-forwarder service is established, such as proposed, additional business would be imported through New Orleans.

Six importers at New Orleans of copper products, specialized foodstuffs, hardwood lumber, doors, plywood, wallboards, hardware, glassware and chinaware, and various other products of foreign origin or manufacture also support the application. Shipments in less-thancarload or less-than-truckload quantities to patrons in the States embraced in the application are made by these concerns, and, in the opinion of their witnesses, shipping charges from New Orleans to points such as Memphis, St. Louis, Chicago, Omaha, and Kansas City based on less-than-carload and less-than-truckload rates, are on a higher basis than those paid by importers and shippers using the services of freight forwarders from eastern ports. The view was also expressed that, in the handling and shipping of less-than-carload or less-than-truckload shipments, the services of freight forwarders are more expeditious and otherwise satisfactory than rail- or motor-car

No. W-922 (SUB-No. 1)

JAY OTTINGER EXTENSION-VESSELS

Decided October 14, 1955

Operation by applicant as a contract carrier by water in the transportation of motor vessels of more than 40 feet in length or more than 8 feet in width, under their own power and without freight or passangers, from Detroit, Mich., and a described area to ports and points on the Great Lakes, the Atlantic coast, and navigable waterways of the United States east of and including the Illinois Waterway and the Mississippi River from its confluence with the Illinois River to New Orleans, La., subject to a condition, found to be consistent with the public interest and the national transportation policy, and application in all other respects denied. Issuance of a permit withheld.

Jay Ottinger for himself.

Donald Macleay, L. Agnew Myers, Jr., J. F. Gillis, and John F. McCarthy for protestants.

REPORT OF THE COMMISSION

DIVISION 4, COMMISSIONERS JOHNSON, ELLIOTT, and Tuggle BY DIVISION 4:

Applicant filed exceptions to the report proposed by the examiner, and certain of the protestants replied. Our conclusions differ from those recommended by the examiner. Exceptions and requested findings not discussed in this report nor reflected in our findings or conclusions have been given consideration and found not justified.

By application filed September 2, 1954, Jay Ottinger, of Detroit, Mich., seeks a revised permit, under section 309 (g) of the Interstate Commerce Act which would authorize service as a contract carrier in the transportation by water of watercraft more than 40 feet in length, or more than 8 feet in width, under their own power, between ports and points on all navigable waters along the Atlantic, Gulf, and Pacific seaboards, the Great Lakes, the Mississippi, Illinois, and Ohio Rivers and all waters connecting thereto, in the United States and its possessions. Coyle Lines, Incorporated, Dixie Carriers, Inc., American Coastal Lines, Inc., and Wilbur J. Smith-Longview Tugboat Company, and water carriers members of the Northeastern Inland Waterways Association which operate along the New York State Canal System, oppose the application.

In 1948 applicant was issued a permit in No. W-922 to operate as a contract carrier by self-propelled vessels of not more than 250 tons'