In 1950 the Southern Motor Carriers Rate Conference voluntarily undertook to collect a continuous one per cent freight bill sample from 62 Class I motor common carriers of general freight operating wholly or partially in southern territory. Certain tabulations from the information thus obtained were turned over to the Cost Section staff of the Commission for use in developing appropriate cost information (See Bureau's Monthly Comment on Transportation Statistics, July 19, 1954). The method selected by the Conference was substantially similar to that used by the Commission in the collection of its one per cent sample of carload freight from the railroads. The waybill samples of motor common carriers, however, included less-truckload traffic as well as truckload traffic. Statistics from the annual reports of Class I motor common carriers of general commodities indicate that a very large proportion of the total shipments are less than 10,000 pounds each. In 1952 the truckload shipments were 3 per cent of the total of these carriers but the truckload tonnages amounted to 52.4 per cent and the truckload revenues to 37.6 per cent. It has been impracticable to obtain estimates of the additional cost of making waybill studies of the various classes of motor carriers. However, this subject is believed by the committee to deserve careful consideration with a view to extending the waybill studies to truckload movements of Class I common and contract motor carriers, as a means of presenting a more complete national picture of traffic flow and rate levels. Such studies would contribute toward uniformity in the assembly of comparative traffic statistics as between the rails and motor carriers. As to LCL and LTL traffic, it is felt that such traffic best lends itself to occasional special studies as the needs arise. The same is felt true as to water-carrier traffic. Conclusions and Recommendations The committee respectfully submits the following conclusions and recommendations: 1. There is a basic need for the information supplied by the waybill studies. 2. While there are certain inadequacies in the present waybill sampling program, the sampling process, subject to checks currently made, and in the light of the cost, meets in a practical way the basic need for such information. 3. There has existed a need for better explanation and publicizing of the waybill statistics, particularly with relation to their intent and purpose, utilization, and the controls exercised in testing the sample for representativeness. 4. The Commission should give serious consideration to extending the present waybill studies to include truck-load movements of traffic by Class I common and contract motor carriers subject to the Interstate Commerce Act as a means of presenting a more complete national picture of traffic flow and competitive rate levels. * Committee member Rice abstains from expressing an opinion on this subject. Respectfully submitted, COMMITTEE ON WAYBILL STATISTICS PHILIP H. PORTER ROLAND RICE FORD K. EDWARDS, Chairman August 2, 1954 Dissenting View of James M. Souby: "I regret that I find myself unable to concur in the first two conclusions reached by the majority of the committee. It is one thing to say, as the majority undertakes to establish in its report, that there is a basic need for information of the character contemplated by the waybill statistics.' It is quite another thing to say, as the majority does in its first conclusion, that there is basic need for 'the information supplied by the way bill studies.' In my judgment the information actually supplied by the studies is so unreliable as to meet no need whatsoever. "Such a large percentage of rail traffic is seasonal or otherwise irregular in movement that, in my judgment, data based on a daily one per cent sample is utterly unreliable for any purpose. The fact that it is compiled and released by the Commission, however, with whatever precautionary remarks it may be accompanied, gives it a delusive impression of accuracy and invites its indiscriminate use and acceptance for whatever purpose it may happen to serve at the time. I do not know how large a sample would be required to provide reliable data, but am convinced that it would have to be so large as to make the cost to the carriers of providing it, and the cost to the Commission of compiling it, prohibitive. "My own conclusion, therefore, is that these waybill studies impose a needless and useless expense on the Commission and the carriers and so should be discontinued. Recommendations to the President's Conference On Administrative Procedure BY THE COMMITTEE ON UNIFORM RULES (September 8, 1954) Preface The Committee on Uniform Rules has recognized at all times that it was not given the job of formulating uniform rules of procedure, but rather of determining the feasibility and desirability of such rules in the various aspects of administrative procedure. We offer, therefore, a general recommendation (I) for adoption by the Conference as an expression of policy. The second recommendation is that the Agencies in cooperation with the bar and an Office of Administrative Procedure, consider the adoption of uniform rules on nine specific subjects, using as a basis for such study the illustrative rules which we submit, in the belief they furnish a good starting point for the agencies to achieve progress in developing uniformity. We specifically disclaim the intention of seeking rigid adherence to any proposed illustrative rule but recommend earnest attention to the scope of each. Finally, our recommendations relating to identification, citation, and publication of rules (Recommendations III, IV and V) are offered in the belief their acceptance will result not only in uniformity in those areas, but great economies in the future. Again attention is called to the three principles urged at the conclusion of our Report, namely, (1) formulation of uniform rules must be preceded by thorough spade work; (2) they must be evolved in close cooperation with the Agencies and the bar, and (3) there must be provision for continuous study and revision such as we have for the Rules of Civil Procedure, rather than a one-shot operation. RECOMMENDATIONS OF COMMITTEE The Committee on Uniform Rules recommends to the Conference that it make the following recommendations to the Agencies: I That the Agencies, in collaboration with the bar and an Office of Administrative Procedure, undertake a detailed study of the full area within which uniformity in rules is attainable, inasmuch as the Conference finds that it is feasible and desirable to formulate uniform rules for many administrative procedures. Editor's note: This Report has not been adopted by the President's Conference on Administrative Procedure. See: ICC Practitioners' Journal, Vol. XX, May, 1953, No. 8, p. 774; Vol. XXI, Dec. 1953, No. 3, pp. 184-6. II That the Agencies collaborate with the bar and an Office of Administrative Procedure in the development and adoption of uniform rules on the following subjects, as to which the Conference finds uniformity feasible and desirable, using as a basis for such study the illustrative rules shown below. A. COMPUTATION OF TIME Illustrative Rule In computing any period of time prescribed or allowed by the Agency rules, by order of the Agency or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday nor a holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and holidays shall be excluded in the computation. B. SERVICE OF PROCESS Illustrative Rule (a) By Whom Served-The Agency shall serve all orders, notices and other papers issued by it, together with any other papers which it is required by law to serve. Every other paper shall be served by the party filing it. (b) Upon Whom Served-All papers served by either the Agency or any party shall be served upon all counsel of record at the time of such filing and upon parties not represented by counsel or upon their agents designated by them or by law. Any counsel entering an appearance subsequent to the initiation of the proceeding shall notify all other counsel then of record and all parties not represented by counsel of such fact. (c) Service Upon Parties-The final order, and any other paper required to be served by the Agency upon a party, shall be served upon such party or upon the agent designated by him or by law to receive service of such papers, and a copy shall be furnished to counsel of record. (d) Method of Service-Service of papers shall be made personally or, unless prohibited by law, by first-class or registered mail, telegraph or by publication. (e) When Service Complete-Service upon parties shall be regarded as complete: by mail, upon deposit in the United States mail properly stamped and addressed; by telegraph, when de posited with a telegraph company properly addressed and with charges prepaid; by publication when due notice shall have been given in the publication for the time and in the manner provided by law or rule. (f) Filing With Agency-Papers required to be filed with the Agency shall be deemed filed upon actual receipt by the Agency at the place specified in its rules accompanied by proof of service upon parties required to be served. Upon such actual receipt the filing shall be deemed complete as of the date of deposit in the mail or with the telegraph company as provided in paragraph (e). C. SUBPENAS Illustrative Rule (a) Form-Every subpena shall state the name of the Agency and the title of the proceeding, if any, and shall command the person to whom it is directed to attend and give testimony or produce designated evidence at a specified time and place. (b) Issuance to Parties-Upon application of counsel (or other representative authorized to practice before the Agency) for any party to a proceeding governed by Sections 7 and 8 of the Administrative Procedure Act, there shall be issued to such party subpenas requiring the attendance and testimony of witnesses or the production of evidence in such proceeding. The agency may issue subpenas to parties not so represented upon request or upon a showing of general relevance and reasonable scope of the testimony or evidence sought. (c) Service-Unless the service of a subpena is acknowledged on its face by the witness, it shall be served by a person who is not a party and is not less than 18 years of age. Service of a subpena upon a person named therein shall be made by delivering a copy of the subpena to such person and by tendering him the fees for one day's attendance and the mileage allowed by law. When the subpena is issued on behalf of the United States or its officer or agency, fees and mileage may but need not be tendered, and the subpena may be served by registered mail. (d) Fees-Witnesses summoned before an agency shall be paid by the party at whose instance they appear the same fees and mileage that are paid to witnesses in the courts of the United States. (e) Proof of Service-The person serving the subpena shall make proof of service by filing the subpena and the required return, affidavit, or acknowledgment of service with the Agency or the officer before whom the witness is required to testify or produce evidence. If service is made by a person other than a United States marshal or his deputy, or an officer of the Agency, and such service has not been acknowledged by the witness, such person shall make an |