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CONTAINERS
Heavy haulers cannot transport loaded,

but can transport empty 352
"In containers" v. "in trailers" 352
Intermodal transportation, water-

Pacific Northwest 337, 346

Unlawful past operations, not under
color

right, inadequate
evidence 844
Contract to common

Dual operations, to avoid 76
Expanded authority, fails to prove need
for 77
Requirements 76
Shippers do not require applicants'
common rather than contract serv-
ices 76

CONTINUANCE See HEARINGS

to

COST OF SERVICE
Minimum weight charges, data required

to find discriminatory 61
Pickup and delivery, detention, Highway

Form A used 722

COURTS
Remanded, recyclables transportation,

general licensing 585
Stipulation, Commission and household

goods carriers, public performance
statistics 625

CONTRACT CARRIERS
Affiliated supporting shippers, evidence

required to show how interrelated and
which actually controls traffic 430,

432
Assignment of equipment

shipper 488
Burden of proof less stringent than that

imposed on common carrier 75
Class of shippers, shippers of building

glass not 488
Conversion to common carriage,

denied 77
Criteria in

Determining “limited number of
person” in $203(a)(15), dis-
cussed 432, 487
$203(a)(15), discussed 431, 487, 620

8209(b), discussed 432, 488, 621
Discrimination among shippers, no

obligation to avoid 828
Distinct need means “specialized need,"
service to building glass shippers

488
House carrier for both TL and LTL

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not

DEADHEADING See BACKHAUL

DECLARATORY ORDERS See PETI-
TIONS

DEMURRAGE See also DETENTION
Charges to penalize shippers in interests

of efficient equipment utilization 716

DEPARTMENT OF TRANSPORTATION
Intervention by, household goods broker

shipments 621
Open-end authority 336
Protesting common carrier application

Denied, protestant serves shipper
adequately 827
Granted, to free shippers from
unwillingly contracting with pro-
testant 826, 828

CONTROL See COMMON CONTROL,
MANAGEMENT OR ARRANGEMENT

application 33

CONVERSION OF AUTHORITIES
Certificate of registration to certificate of

public convenience and necessity
Procedure described 276

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EMBARGO
Lack of interest in establishing FAK rates

DISTINCT NEED See CONTRACT
CARRIERS

DRIVEAWAY SERVICE
Loss and damage claims, discouragement

by, found unlawful 504
Mobile home authority, denied 906
“Traffic moving to automobile dealers,"

transport of leased and repossessed
vehicles violates restriction 507

DRIVER'S WEIGHT CERTIFICATE See
HOUSEHOLD GOODS

DUAL OPERATIONS
Conversion to common carriage to

avoid 76
Discrimination

Applicant common carrier and
contract carrier can transport mobile
homes for same shippers between same
points 278
As not affording opportunities for
where commodities and territory are
different 127, 238, 240, 392, 879
Serving

consignors
consignees 350
Proceeding held open for elimination

for freight forwarders
to 475

tantamount

ENVIRONMENT See NATIONAL
ENVIRONMENTAL POLICY ACT OF
1969

EQUIPMENT
Detention rules and charges

adopted 699
Shortage, applicant's proposal will not

alleviate 27
Spotting of, detention rules 735

ETHNIC GROUPS See INTERSTATE
COMMERCE COMMISSION

of 278, 350
Reservation of jurisdiction with respect

to 129, 238, 240, 392, 879

EVIDENCE

Additional 13, 227, 842
Applicant testifying regarding need for

service 232
Application, protestant's pending, not

relevant 15
Certificates of support, applicant's failure

to provide timely notice of, testimony

disallowed 532
Clear receipt, only prima facie proof of

household goods carriers' lack of lia-

bility 418
Commodity description, protestant's,

applicant fails to prove does not em-
brace traffic 878

same

or

EVIDENCE-Continued
Contained in other Commission proceed-

ings, introduction of 227
Coordinated two-way service, showing

required 312
Future need 10, 248
Interline

agreement, applicant's
prior 878
Lack of existing carrier opposition does

not create presumption of need 248
Local domicile of applicant 391
Minimum weight charges, cost data re-

quired to find discriminatory 61
Official notice

Authority granted to serve supporting
shipper 642
Denial of similar applications
supported by shipper 464
Emergency temporary authority
granted applicant 442, 446
Other Commission proceedings 128,
353, 464
Population of Kansas City 845
Protestant acquired pertinent
authorities prior to reopening 286
Protestant acquired pertinent permit
during pendency of proceeding 825
Refused, when protestant filed
motion that notice be taken of certi-
ficate granted it prior to review board's

Protestant's identical application in
separate proceeding 653
Shippers' general desire rather than
substantial need 232, 559, 804, 905
Temporary authority, operations

under 346, 446, 490, 829, 865
Service failures

And transit times insufficiently
documented, but in entirety show
service inadequate 9, 887
Isolated 468, 878
Not only factor considered 647
Percentage of, and failure to

explain 294
Stricken

Fitness, protestant's, administrative law
judge's reversal of ruling to strike, did
not deprive protestant of fair
hearing 378
Remains part of docket subject to

reconsideration 379
Supporting shipper required to show

commodities shipped, specific points,
freight volumes tendered, services

used 311
Traffic volume lacking 468
Weight accorded

Applicant's interest in preserving
traffic now handled 438
Detention rule, alleged unlawfulness
does not detract from, as alternative
proposal 685
Protestant's opposition, when failed to
appear hearing or present

no

at

decision 857
Prima facie case

Made by applicant 8
Not made by applicant 231, 879
Requirements for, discussed 8, 230,

557
Probative value

Charges, protestant's inability to
advance 490
Consignee not paying charges or
controlling carrier routing or selection,
but having firsthand knowledge of
transportation requirements 231
Ethnic ownership of applicant 229
Isolated service failures 468, 878
Lacking traffic volume 905
New service, mere allegations that it
will harm existing carriers 590
Protestants' failure to negotiate FAK
rates tantamount to embargo 475

evidence 304
Witnesses

Applicant's failure to proceed with
case with properly certified, at own
peril 534
Cross-examination
Commission not bound by rigid
rules 653
Discretion of hearing officer, to ensure
full and true disclosure 653

EX PARTE

No. MC-19 (Sub-No. 19): 624
No. MC-19 (Sub-No. 20): 395
No. MC-19 (Sub-No. 26): 315
No. MC-37 (Sub-No. 26): 130
No. MC-85: 583
No. MC-88: 680

F

FEDERAL MARITIME COMMISSION

Detention charges, ports 727, 788, 792

EXEMPTIONS

Commercial zones, expansion 181
Detention rules 742, 788
Land bridge, bananas, United States ports

to Canada 49
Not exempt, local pickup and delivery

services performed in connection with
unregulated carrier's even though such
transportation takes place wholly
within a single commercial zone 348

FEDERAL REGISTER
Rulemaking proceedings, publication in,
adequate notice

156

FINANCIAL FITNESS See FITNESS

OF CARRIERS

stances

not

EXISTING CARRIERS
Connecting, nonprotestants, service not

FITNESS OF CARRIERS

Burden of proof, on applicant 117, 387
Carrier's actions, not shipper's need, con-

sidered 118
Cease and desist orders, willful violation

of, found unfit 118
Criteria for determining 117, 347, 387
Each proceeding to be determined on
basis of own facts and circum-

387
Financial, applicant details financing of

proposed operation, found fit 818
Finding of fitness and public need must

be made, one based on the

considered 295
Entitled to all the traffic they can handle

adequately, efficiently, and

economically 9, 78, 311, 803, 878
Have no absolute immunity against future

competition 391, 446, 657
Lack of opposition by, does not create

presumption of need 248
Locally domiciled, more responsive

applicant, favored over 391
Must be tried and found wanting before

additional service granted 27
New service merely supplementing,

denied 804
New traffic, deprivation of, harmful 906
Service

Adequacy, determination of important
not indispensable 490
Desirability of particular type of pro-
posed service way outweigh adequacy
of 10
Found adequate 27, 77, 85, 128, 249,
268, 312, 445, 468, 490, 559, 854, 862,
878, 906
Found inadequate 9, 237, 243, 269,
295, 347, 370, 391, 458, 475, 518, 558,
621, 647, 656, 817, 886
Inadequacy of, not synonymous with
PC&N 657, 802
Not wholly inadequate, additional
service needed 95, 656
Showing of inadequacy is no prere-
quisite to granting certificate 9, 439,
445, 458, 579, 590, 647, 656, 802

other 118
Finding of unfitness is not intended to be

punitive in nature 118, 347, 386, 389
Freight forwarders, “qualified"

Burden less than motor carrier
fitness 508
Corporate veil pierced, applicant
found unqualified when wholly owned
subsidiary of motor carrier engaged in

unlawful actions 509
Loss and damage claim record con-

sidered 504
Proceeding held open for determination

of 237, 240, 562
Protestant, pending investigation of,

considered 14
Temporary authority, operations

under 348
Term certificate not authorized 389
Threats against administrative law judge

and complaining shipper and against
competitor's employee whom applicant

attempted to bribe, found unfit 388
Unauthorized operations, effect 118,

348, 387

EXPEDITED SERVICE See TARIFFS

248-348 - 77 - 60

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HEARINGS
Continuance, rests on discretion of

hearing officer 533
Further, petition denied 842
Oral, rulemaking proceeding,

denied 59, 155, 598

FREIGHT FORWARDERS
“Assembly and distribution" and "collec-

tion and delivery" differentiated 171
Common carrier status discussed 474
Competition with protestant common

carrier 475
"Qualified"

Burden less than motor carrier
fitness 508
Corporate veil pierced, applicant
found unqualified when wholly owned
subsidiary of motor carrier engaged in

unlawful activities 509
Rail service too slow, application

granted 475
Rate requirements 475
Supporting shippers, as 475
Terminal areas, revised population-

mileage formula proposed 170

HEAVY HAULERS

Aggregated commodities discussed 351
Competition with general commodity

carriers 743
Containers

Empty, can transport 352

Loaded, cannot transport 352
Specialized carriers performing loading

and unloading 543

HIGHWAY FORM A See COST OF
SERVICE

G

HIGHWAYS
Superhighways, rules, single-line service

GATEWAYS
Elimination

Expeditious, rules for, proceeding
pending before adoption of, so subject

830

under misinterpretation of 854

124 M.C.C.

to

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