At a General Session of the INTERSTATE COMMERCE COMMISSION, held at its office in Washington, D.C., on the 13th day of February 1976.

EX PARTE No. MC-19 (SUB-NO. 26)

PRACTICES OF MOTOR COMMON CARRIERS OF
HOUSEHOLD GOODS

(USE OF VEHicle-Load Manifest)

It appearing, That by petition filed June 4, 1975, the American Movers Conference requested this Commission to institute a rulemaking proceeding to investigate certain specified matters described in the attached report concerning problems relating to the motor common carrier transportation, in interstate or foreign commerce, of household goods; and that, on June 26, 1975, notice of the filing of the petition was published in the Federal Register, inviting written comments by any person (including petitioner) wishing to make representations in favor of, or against, the relief sought in the petition;

And it further appearing, That investigation of the matters and things involved in this proceeding has been made and that the Commission has made and filed its report herein containing its findings of facts and conclusions thereon, which report is hereby referred to and made a part hereof;

It is ordered, That Part 1056 of Chapter X of Title 49 of the Code of Federal Regulations be, and it is hereby, amended by modifying sections 1056.6 and 1056.11 as set forth in the notice attached hereto.

It is further ordered, That this order shall become effective on April 12, 1976, and shall remain in effect until modified or revoked in whole or in part by further order of the Commission.

And it is further ordered, That notice of this order shall be given to the general public by depositing a copy thereof in the Office of Secretary of the Commission at Washington, D.C., and by filing a copy of the attached notice with the Director, Office of the Federal Register. (49 U.S.C. 301, 302, 304, and 308, 5 U.S.C. 553 and 559.) 124 M.C.C.

PRACTICES OF MOTOR COMMON CARRIERS OF
HOUSEHOLD GOODS

(USE OF VEHICLE-Load MANIFEST)

PURPOSE: The purpose of this notice is to inform the public that the Interstate Commerce Commission has amended section 1056.11 of the Commission's General Rules and Regulations (49 CFR § 1056.11) to eliminate use of the vehicle-load manifest and to substitute therefor a prescribed Driver's Weight Certificate form.

The Interstate Commerce Commission in the above-entitled proceeding has amended 49 CFR § 1056.11 to eliminate the requirement for use of the vehicle-load manifest by motor common carriers of household goods, and to substitute therefor a new form entitled Driver's Weight Certificate. This action is the result of a petition filed by the American Movers Conference seeking the noted change. Petitioner demonstrated that the vehicle-load manifest was a burden for the carrier to complete and a source of confusion for shippers.

Notice of the proposed change together with a copy of the proposed driver's weight certificate was published in the Federal Register on June 26, 1975, and comments were filed by interested persons. No one voiced any opposition to the proposed change, and all persons filing views agreed that the new procedure would benefit both the industry and consumer alike.

The promulgation of the amended section 1056.11 also necessitated certain editorial changes in section 1056.6 (49 CFR 1056.6) to eliminate references to the vehicle-load manifest.

The rule is issued under the authority of 49 U.S.C. 301, 302, 304, and 308. Issued in Washington, D.C.

(SEAL)

ROBERT L. OSWALD,
Secretary.

Accordingly, this action modifies 49 CFR 1056.6 and 1056.11.

The elimination of the vehicle-load manifest and the adoption of the revised sections 1056.11 as below will require the following editorial changes in 49 CFR 1056.6:

(1) Subsection_1056.6(a)(1)

Delete the words "and in part B of the vehicle-load manifest" appearing at the end of the first sentence and at the end of the second sentence of this subsection.

(2) Subsection 1056.6(b)

Delete the words "receipt or bill of lading accompanying the shipment" and substitute the words "driver's weight certificate."

(3) Subsection_1056.6(d)

Delete the words "and the vehicle-load manifest."

(4) Subsection 1056.6(e)

Delete the words "in part B of the vehicle-load manifest" where they appear in the second proviso of this subsection and substitute the words "on the driver's weight certificate."

Section 1056.11 Driver's Weight Certificate:

Whenever weights are required to be obtained pursuant to these rules, the carrier shall cause to be executed a weight certificate for each shipment in the form specified below, at the time the gross weight is obtained, and the original or true copy of such certificate shall be carried in the vehicle transporting the shipment and shall be delivered to the party paying the carrier's charges. The original or true copy of such certificate shall be maintained by the carrier as part of its record of shipment.

Tare weight of vehicle with the driver thereon, including full fuel tanks and all necessary pads, chains, dollies, hand trucks, and other equipment and previously loaded shipments, if any.

List other shipments on board vehicle at time above weights were obtained. If no other shipments, enter "None."

Carrier's Ref. No.

Shippers Name

THE USE OF THIS FORM IS REQUIRED BY THE INTERSTATE COMMERCE COMMISSION

The undersigned hereby states that he is duly qualified and authorized to make this weight certification and that in signing this certification he is aware that anyone who, in any matter within the jurisdiction of an agency of the United States, intentionally makes or uses any false, fictitious, or fraudulent writing or document, may be subject to prosecution and fined up to $10,000 and imprisoned for up to five years. (18 U.S.C. 1001.)

No. MC-133276 (SUB-No. 7)

BERRY TRANSPORT, INC., EXTENSION-CONTAINERS

Decided February 17, 1976

1. Public convenience and necessity found to require operation by applicant as a common carrier by motor vehicle, over irregular routes, of general commodities (with exceptions), in containers or in trailers, having an immediately prior or subsequent movement by water, and empty containers, trailers, and trailer chassis between certain points in Oregon and Washington. Issuance of a certificate approved upon compliance by applicant with certain conditions and application in all other respects denied.

2. Dual operations found not to be consistent with the public interest and the national transportation policy, but proceeding held open to allow applicant to file application for conversion of existing contract carrier authority.

Nick I. Goyak and Brian S. Stern for applicant.

Russell N. Allen, Ben D. Browning, Jack R. Davis, Joseph O. Earp, Boyd Hartman, Richard J. Howard, Clyde H. MacIver, William Q. Marshall, David C. White, and Jerry R. Woods for protestants.

REPORT OF THE COMMISSION

DIVISION 1, COMMISSIONERS MURPHY, GRESHAM, AND CLAPP

MURPHY, Commissioner:

Exceptions to the initial decision and recommended order of the joint board were filed separately by protestants Hayes Truck Lines, Inc., Inland Transportation Co., Inc., Silver Eagle Company, and Puget Sound Truck Lines, Inc., and (1) jointly by protestant Mitchell Bros. Truck Lines and C & H Transportation, (2) jointly by protestants Asbury Transportation Co., Bower Trucking & Warehouse Company, D. W. Ramsay Motor Freight, Inc., Farny Truck Service, Inc., I-5 Freightline, Inc., Nehalem Valley Motor Freight, Inc., Risberg's Truck Line, Tillamook-Portland Auto Freight, Inc., Trans Western Express, Inc., and Transport Service,'

'Asbury, D. W. Ramsay, Farny, and Nehalem filed protests to the application, but did not appear at the hearing or present evidence. Nevertheless, they have joined in the posthearing brief and the joint exceptions submitted on behalf of the five other protestants noted in (2) above.