vehicles equipped with mechanical refrigeration, from the facilities of the Holly Ridge Foods Division, Ice-Master Corporation, at or near Holly Ridge, N.C., to points in the United States (except Alaska and Hawaii), and (2) of bakery ingredients, in vehicles equipped with mechanical refrigeration, from points in the United States (except Alaska and Hawaii) to the origin described in part (1) above, under a continuing contract or contracts with Holly Ridge Foods Division, Ice-Master Corporation, of Holly Ridge, N.C., will be consistent with the public interest and the national transportation policy; that applicant is fit, willing, and able properly to perform such service and to conform to the requirements of the Interstate Commerce Act and the Commission's rules and regulations thereunder; that this decision is not a major Federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969; that an appropriate permit authorizing such operation should be granted; and that the application in all other respects should be denied. Upon compliance by applicant with the requirements of sections. 215, 218, and 221(c) of the act, with the Commission's rules and regulations thereunder, and with the requirements established in Contracts of Contract Carriers, 1 M.C.C. 628 (49 CFR 105), within the time specified in the order entered concurrently herein, an appropriate permit will be issued. An appropriate order will be entered. COMMISSIONER MURPHY did not participate. 125 M.C.C. No. MC-78400 (SUB-NO. 27) BEAUFORT TRANSFER COMPANY EXTENSION- Decided August, 6, 1976 Public convenience and necessity found not shown to require operation by applicant as a common carrier by motor vehicle, over specified regular routes, of general commodities, with the usual exceptions, (1) between Kansas City and Rosebud, Mo., serving certain intermediate points, and subject to a restriction, and (2) between Rolla, Mo., and junction U.S. Highway 63 and 50, serving intermediate points. Application denied. Thomas F. Kilroy for applicant. James S. Bowie, Herman W. Huber, Tom B. Kretsinger, Gregory M. Rebman, and Frank W. Taylor, Jr., for protestants. REPORT OF THE COMMISSION DIVISION 1, COMMISSIONERS MURPHY, GRESHAM, AND O'NEAL MURPHY, Commissioner: Exceptions to the initial decision of the joint board were filed jointly by Orscheln Bros. Truck Lines, Inc., and St. Louis-Kansas City Express, Inc., jointly by Dodds Truck Line, Inc., and Churchill Truck Lines, Inc., and separately by Philipp Transit Lines, Inc., and Frisco Transportation Company, to which applicant replied. Our conclusions differ from those recommended by the joint board. By application filed December 7, 1971, as amended, Beaufort Transfer Company, of Gerald, Mo., seeks a certificate of public convenience and necessity authorizing operations, in interstate or foreign commerce, as a common carrier by motor vehicle of general commodities (except those of unusual value, classes A and B explosives, household goods as defined by the Commission, commodities in bulk, and those requiring special equipment), (1) between Kansas City and Rosebud, Mo., over U.S. Highway 50, serving all intermediate points east of Jefferson City, Mo., restricted against t Louis, M Rolla, M Highway opposed Frisco T Philipp T (SKX), a appropri In its applicati motor co and most pickup a certain si The joint more rel particula and intra On exc joint boa daily or the joint St. Louis Kansas C grant of between and woul City-St. : Finally, C applicant deviation Addition. restrict a its comm 'The joint granted betw while U.S. H in view of c 'Although preclude ser restriction. | E CHCECHY in operations between St. Louis and its cmminge messtate and intrastate shipments in I re u vide service identical to that now SILKY MITAINE JApplicant would also be in a : SHUDDER mmate shipments moving through IT. I 1 Men meined east-west traffic moving The remaining shippers and receivers support part (2) of the application.' These firms are located along that portion of U.S. Highway 63 between its intersection with U.S. Highway 50, east of Jefferson City, and Rolla. They indicate a need for fast pickup or delivery service and express a general dissatisfaction with the service now available from or to Kansas City. Again, little documentation of such alleged poor service is presented. Play-Mor Trailers receives daily inbound shipments of supplies and materials used in the manufacture of its trailers from various out-of-State suppliers, and desires overnight service from Kansas City. Ten freight bills, purportedly representatives of the type of service received from SKX, from Kansas City, show shipments involving 3to 6-day delivery; some included weekends. Langenburg Hat Company complains that SKX provides only an on-call service, and Beck Brothers asserts that SKX will not unload shipments at a specified area. Quaker Window Products handles truckload shipments in private carriage and uses common carriers only for its less-than-truckload traffic. Quaker complains of delays by existing carriers and submitted two freight bills as example of poor service by SKX from Kansas City. Another shipper, Murray-Wallace Corporation, makes substantial outbound shipments which are currently routed through St. Louis by applicant with apparently satisfactory results. This shipper cited no specific example of service inadequacies with respect to existing carriers, but feels that it would be advantageous to have applicant's service available to Kansas City. PROTESTANTS Each protestant holds regular-route general-commodities authority in portions of the area under consideration and fears diversion of its existing traffic if this application is granted. Each has ample facilities and equipment and adds thereto as the demands of the shipping public and traffic require. See section 208(a) of the act. Specifically, Philipp names 23 of its service points which applicant could serve from or to Kansas City, but from which no shipper testimony has been presented. Protestant serves Union on a daily basis and has performed operations for each of the shippers from that point. Philipp handles approximately three shipments a 'Play-Mor Trailers, Westphalia; Quaker Window. Products, Freeburg Beck Brothers, Inc., Freeburg, Murray-Wallace Corporation, near Rolla; and Langenburg Hat Company, at its facility in Vienna. 'It is unclear from the record whether this shipper's facilities are located within the Rolla commercial zone; however, in light of our ultimate conclusions below, a specific finding on this question is not required. against the handling of any shipments between Kansas City and St. Louis, Mo., and their respective commercial zones, and (2) between Rolla, Mo., and junction U.S. Highways 63 and 50, over U.S. Highway 63, serving all intermediate points. The application is opposed by Churchill Truck Lines, Inc., Dodds Truck Line, Inc., Frisco Transportation Company, Orscheln Bros. Truck Lines, Inc., Philipp Transit Lines, Inc., and St. Louis-Kansas City Express, Inc. (SKX), all motor common carriers. Short titles will be used where appropriate. In its initial decision, the joint board recommended that the application be granted.' The joint board determined that although motor common carrier service presently exists between Kansas City and most of the points sought, protestants had provided inconsistent pickup and delivery service, failed to provide daily service for certain shippers, and failed to provide consistent overnight service. The joint board expressed its belief that applicant's service would be more reliable and expeditious than those offered by protestants, particularly in light of applicant's intention to combine interstate and intrastate shipments in the same vehicle for delivery. On exceptions, Dodds, Churchill, and Frisco contend that the joint board erred in finding that existing carriers do not provide daily or overnight service. Dodds and Churchill also assign error to the joint board's finding that shipments which now move through a St. Louis gateway could more advantageously be handled through Kansas City. Philipp argues that the joint board's recommended grant of authority would permit applicant to handle shipments between numerous points for which no support has been adduced and would also allow applicant to participate in long-haul Kansas City-St. Louis traffic moving beyond those two named points. Finally, Orscheln and SKX except to the joint board's finding that applicant has lawfully conducted operations over its alleged deviation route between St. Louis and Linn through Jefferson City. Additionally, they contend that the joint board erred in failing to restrict against service between Kansas City and Jefferson City and its commercial zone in connection with part (1) of the application.' 'The joint board with respect to part (1) of the application recommended that authority be granted between Kansas City, Kans., and Rosebud, Mo., over U.S. Highway 50 ***. It appears that while U.S. Highway 50 passes through Kansas City, Mo., it bypasses Kansas City, Kans. However, in view of our ultimate conclusions herein, this discrepancy need not be resolved. 'Although the joint board in its initial decision noted that the application, as amended, would preclude service at Jefferson City and its commercial zone, its findings failed to include such a restriction. [Emphasis added.] |