ENVIRONMENT See NATIONAL ENVI-
RONMENTAL POLICY ACT OF 1969

EQUIPMENT See also SHIPPERS' OR
CONSIGNEES' NEED FOR ADE-

QUATE SERVICE

Advertisements for additional, establish
shortage 189

Applicant does not own, depends on
owner-operators and trip lessors, de-
nied 629

Applicant's 20-foot straight trucks trans-
ports commodity more efficiently and
economically than protestant's 40-
foot 541

Contract carriers' assigned, use on back-
hauls 367

Radioactive wastes, for carriage of 350
Shortage

Finding renders finding of inadequate
service superfluous 190

Shows inadequacy of existing serv-
ice 431

Specialized, bottle and container trans-
portation 5

Interlining, protestant with unrepre-
sented carriers 888

Shipper fails to bring freight bills but
has personal knowledge of operations
discussed, admitted 95

Shipper presents some but not all un-
derlying documents, admitted 95
Telephone conversation with employee
of shipper not qualified to furnish in-
formation, stricken as hearsay 237
Advertisements for additional equipment
establish equipment shortage 189
Applicant's present satisfactory service
to shipper 431

Backhauls, contract carrier equipment to
be used on, showing required 369
Case-in-chief, statements not docu-

mented in, but included in exceptions,
stricken 238

Clear and convincing, standard inappli-

cable; substantial evidence re-
quired 579

Complete service, evidence for must be

carefully scrutinized 202, 217
Contained in other Commission pro-
ceedings, introduction 93
Conversion of existing operation, need
shown by applicant's own evidence
concerning its operation 893
Equipment shortage, protestants' 189,
431

Exceptions, new evidence in 563
Future need

Considered 297, 411, 712

How proposed service will be per-
formed must be shown with some par-
ticularity 204, 207

Hearing, submitted subsequent to, official
notice taken

563

Hearsay, telephone conversation stricken
as 237

Joint-line service, inadequacy must be
shown with specificity 581

Lack of existing carrier opposition does
not create presumption of need 202,
752

Late-filed, gateway eliminations 389,
396

"Manufactured," based on capricious
service requirements 207

EVIDENCE-Continued

Military household goods traffic, gateway
eliminations 394

New common carrier authority, need
shown by public witnesses' testi-
mony 893

New distribution program, shipper's pro-
posed, plans and needs for must be
shown with some particularity 204,
207

Nontransportation services disregard-
ed 218

Official notice

Bankruptcy of applicant 72
Common carrier applications filed to
avoid dual operations 259

Corps of Engineers publications on
dams on applicant's route 666
Documents from Commission's own
files, submitted subsequent to hear-
ing 563

Emergency temporary authority, not
taken 93

Existence of another proceeding and
findings therein, but not evidence ad-
duced, due to noncompliance with
rule 82, 542

Issuance of certificates delayed
pending conversion to common car-
riage 888

Modification of protestant's certifi-
cate 408

Other Commission proceedings 72,
411, 542

Protestant acquired pertinent authority
during pendency of proceeding 723
Travel agents supporting application
not licensed as brokers

725

Oral hearing, applicant's written state-
ments 822

Prima facie case

Made by applicant 206, 349
Requirements for, discussed 792
Probative value

Backup service, desire for 372
Color of right, operations under 57,
100, 328, 451

Emergency temporary authority, opera-
tions under 93

Expeditious service, when desire for
should be considered 468

Fuel savings, gateway relocation 761
Fuel waste in joint-line service 378
Isolated service deficiencies 98, 305,
469, 712

Late deliveries, when business is not
impaired 469

Protestant's consignees, location
of 629
Shipper's

Desire for a particular carrier 468,
711

Desire for additional service as con-
venience 468

Desire to have more than one carrier a-
vailable 711

General desire rather than substantial
need 304, 327, 372, 468, 581
Reliance on private carriage, showing
protestants' lack of interest 752
Slow pickups, no pattern
shown 469

of

Temporary authority, operations
under 93, 359, 752
Protestant, who did not attend hearing or

testify, operations as set forth in anoth-
er proceeding, not considered 209
Protestants', applicant's analysis of part
of only, not improper 93

Rates for less luxurious mode of travel,
considered in passenger applica-
tion 725

Rates, not normally considered unless
carrier makes no attempt to meet rea-
sonable shipper demand, or embargo is
shown to exist 470

Rebuttal, when permissible 798
Representative points, service to or
from 371, 761, 895

Service failures, if not shown, must show
need for better or different service or
more competition 327

Solicitation, lack of, does not evince un-
willingness to handle traffic 471
Substantial

Applicable standard in operating rights
case; clear and convincing evidence
not required 579

Defined 579

Testimonial merely, not detailing trans-
portation needs 878

125 M.C.C.

Unauthorized operations, prolonged, in-
adequate to demonstrate need for legit-
imate continuance 189

Weight

Energy factors, inability to quantify de-
tracts from 879

Exceptions, new evidence in 563
Imprecision in meeting Novak criteria
affects 895

Interline service of protestant, when
connecting carriers lacks interest 431
Interlining, protestant with unrepre-
sented carriers 888

Mileage computations, gateway elimi-
nation, accuracy of 864, 876
Shipper's vague statements, lacking
familiarity with applicant's service 97
Supporting firms marginally concerned
in observing, securing, or controlling
land transport of containerized freight,
testimony of 387

Traffic studies, gateway elimination,
showing of movement through gate-
way 863, 874
Witnesses

Brokerage applications, limitation con-
sidered 229

Cross-examination, exceptions con-
taining new evidence, pertaining

No. MC-37 (Sub-No. 27): 652
No. MC-37 (Sub-No. 28): 338

EXCEPTIONS

New evidence in 563

Reference to operations of protestant,
who did not attend hearing and testify,
as set forth in proceeding, not consid-
ered 209

Restriction proposed in, accepted 899

EXEMPTIONS See also COMMERCIAL
ZONES; TERMINAL AREAS
Commodities, moving with regulated,
lose exemption 96

Grain, transportation of 610

EXISTING CARRIERS See also PRO-
TESTANTS

Directories of 820

Entitled to all the traffic they can handle
adequately, efficiently, and economi-
cally 305, 410, 516, 718

Have no absolute immunity against future
competition 350

Lack of opposition by, does not create
presumption of need 202, 752

New service of, must be tried before con-
flicting authority granted 411

Protests, failure to file, without deter-
mining exact extent of proposed serv-
ice, at own peril 290

Service

Desirability of particular type of
proposed service may outweigh ade-
quacy of 99

Efficiency of, must be considered in
applications 879

Equipment shortage, finding of,
renders finding of inadequate service
superfluous 190

Equipment shortage shows inadequacy
of 431

Factor to be considered and balanced
against others 580

Found adequate 218, 266, 267, 269,
271, 305, 327, 410, 468, 581, 647, 711,
725, 878

Found inadequate 98, 265, 272, 350,
358, 378, 431, 541, 598, 676, 752, 895

Each proceeding to be determined on ba-
sis of own facts and circumstances 55,
73, 544
Financial

Applicant found fit 599

Applicant found unfit due to lack of
working capital and large current lia-
bilities 611, 629

Bankrupt applicant found unfit 74
New operation will enable applicant to
increase resources, found fit 677
Finding of unfitness not intended to be
punitive in nature 74, 322, 828
New management not considered, merger
never officially consummated 74
Prerequisite to grant of authority 72
Questioned in other pending proceedings
but not under investigation, found
fit 441

Safety regulations, compliance with 828
Sincere and determined effort to prevent
future unauthorized operations estab-
lishes

544

Spirit of cooperation considered 57
Temporary authority, operations after ex-
piration of 56

Term certificate

Authorized 57, 101, 544
Not authorized 332

Removal of, refused 69
Unauthorized operations

Continued after investigation and civil
forfeiture, under claimed advice of
counsel, found unfit 192

Effect 56, 73, 100, 192, 331
Under unreasonable interpretation of
certificate, despite Commission warn-
ings, found unfit 331
Violations

Due to mistaken interpretation of pur-
chased certificate, found fit 100
In good faith or under mistaken advice
of counsel, found fit 57

Not an absolute bar to a grant of
authority 56

FOLLOW-THE-TRAFFIC

Loss of traffic alone, grant cannot be
based on; showing of inadequacy or
nonexistence of service at new location
required 581

Denied, applicant not substantial com-
petitor grant would harm existing car-
riers 877

Elimination, amounts to, Childress cri-
teria applied 873

Operational inefficiencies of carrier's
own chosing, so granted only when e-
limination of inefficiency involved will
not harm existing carriers 872
Elimination

Application denied, consequent
tacking prohibition not deprivation of
right to join authorities without due
process 396

Authority to transport trailers, etc., in
initial and secondary movements, in
truckaway service, may not be joined
with general commodities or size-and-
weight authorities for 32
Criteria for 873

Direct service, granted in order to
provide 95

General policy statement 389

Late-filed evidence, consideration
of 389, 396

Mileage elimination resulting from,
regular- and irregular-route tacking,
not governed by gateway elimination
rules 876

Military household goods, traffic non-
competitive and not considered 394
Proposing carrier must be effective
competitor as to substantially all com-
modities and points within scope of au-
thority 874

Regular and irregular-route au-
thorities, rules permit tacking of 760
Regular- and irregular-route tacking,
traditional criteria apply to 873
Resulting in statewide authority ar-
bitrarily divided along county lines,
against Commission policy 761
Rules summarized 100
Unsuccessful applicant can apply for
direct authority 395
Relocation

Fuel conservation and operating cost
savings achieved without jeopardizing
protestants, applicant already effective-
ly competitive, granted 761

Public need or economies and effi-
ciencies must be shown 760

Time savings reduced by handling LTL
shipments 762

Trailer continuity report showing ob-
servation of 761