Interchange: Cancellation of an interline arrangement so jeopardizes continuance of a joint-line service for which a need has been shown by substantial public use over many years as to warrant applicant's requested operation. Fact that proposed operation will be joint-line rather than single-line, as in cited 98 M.C.C. 58, is merely incidental as no requirement for single-line service was shown therein.-Cartwright Van Lines, Inc., Ext.Calif., 112 M.C.C. 399 (404).

Past operations: Evidence of record shows that applicant's past operations in movements for which authority is sought herein were conducted under an erroneous, but bona fide, interpretation of its existing certificate and were thus conducted under a color of right. Additionally, record shows that such operations, conducted without authority, developed in response to a public demand in part due to inadequacy of existing service. A denial of this application would be injurious to the public interest whereas a grant of authority has not been shown to be injurious to protestants. Application granted.-Byers Transp. Co., Inc., Ext.-Restriction Removal, 113 M.C.C. 50 (56-7).

Public need: Application granted as shipper's testimony has shown a need for the proposed service that protestant is unable to meet as its authority does not include transportation of parts independently of the basic commodities specified.-Kenosha Auto Transport Corp. Ext.-Seat Cabs, 112 M.C.C. 244 (249)*.

On reconsideration, application to operate as common carrier of iron and steel articles from supporting shipper's plantsite to indicated destinations granted with certain restrictions. Shipper's established traffic pattern and projected future tonnage show need for the proposed service. Protestant rail carriers lack flexibility to serve all destinations, and protestant motor carriers are unable to provide such service due to limitations to designated points or lack of authority to handle aggregated commodities not subject to "size and weight" authority as defined in 79 M.C.C. 335.-Vant Transfer, Inc., Common Carrier Application, 112 M.C.C. 36 (42-5).

Testimony of supporting shipper demonstrates that it will require increased transportation of sectionalized buildings and mobile homes in the future based on reasonable forecasts of increased business volume, which is an acceptable basis for a grant of authority (see 84 M.C.C. 684). Protestants are not authorized to transport mobile homes, which prevents them from providing the required complete service as proposed by applicant.-Morgan Drive-Away, Inc., Ext.-Harnett, 112 M.C.C. 392 (395-97)*.

Application for authority to serve three named cities exclusive of intermediate points is granted as applicant has shown that it is the best qualified applicant to perform the proposed operations under the criteria stated herein, considered for choosing among two or more applicants seeking to perform same service. Also benefits accruing to the public outweigh any adverse results occurring to protestants.-Braswell Motor Freight Lines, Inc., Extension, 112 M.C.C. 558 (568-70)*.

Applicant has made a prima facie showing predicated on a valid foreseeable need for transportation of aluminum chloride, as the record establishes the existence of prospective users of this commodity in the involved area and shippers will require experienced, reliable transportation to develop a market they are now actively soliciting. Application granted.Schutt, Inc., Extension-Lockport, N.Y., 112 M.C.C. 471 (473) *.

Commodity descriptions "buildings, complete, knocked down or in sections" and "trailers designed to be drawn by passenger vehicles" were found to be mutually exclusive in 337 I.C.C. 111, and evidence of need for authority to transport one does not of necessity justify a grant of authority to transport the other.-Transit Homes, Inc., Extension-Buildings (Idaho), 112 M.C.C. 422 (432).

Special service: Evidence clearly shows that an increasing number of supporting shippers' customers require that the carrier delivering the shipment use its own equipment mechanically to unload the trailer, thus saving the consignee the cost of unloading it manually with attendant cost of having consignee's crane and employees doing the unloading. The advantages are plain, and the service is authorized especially since existing carriers generally refuse to acquire the type of equipment which applicant would provide.-Pittsburgh & New England Trucking Co., Extension, 113 M.C.C. 46 (47-8)*.

On reconsideration, both applicants, Wehe and Reliance, were granted the "size or weight" authority sought herein, as the rural, remote nature of the involved area; the highly specialized service required; and the possibility that Reliance (the applicant previously approved) may experience conflicting demands on its equipment demonstrate a need for the services of two carriers.Wehe Common Carrier Application, 112 M.C.C. 315 (319)*.

Supporting shippers' testimony has shown a need for applicant's proposed service as shippers require a flexible, "round-the-clock" service and experienced drivers familiar with transportation of malt beverages who can be relied upon to exercise good judgment when conditions require deviation from shipper's instructions. Applicant has conclusively established that it is better able to meet these distinct needs because of its familiarity with such operations.-P-N-J Kornacker, Inc., Extension-Malt Beverages, 112 M.C.C. 580 (587-89)*.

Temporary authority: Evidence of past operations under temporary authority is of probative value in support of applications for permanent authority where it is used to determine the ability of a carrier to provide the service involved and to indicate the volume of traffic and the effect of a grant on the existing carriers; and where there is other supportive evidence, as herein.-Wehe Common Carrier Application, 112 M.C.C. 315 (320) *.

Volume of traffic: Commission granted authority, in 10 applications embraced herein, only to extent that present and future need for service is shown by supporting shippers' evidence that rapid and continuing increase in the production and sales of involved commodities warrants additional service

and that existing service is inadequate, and at most only one carrier is presently authorized, to meet shippers' needs. Also, such grants are necessary to authorize reasonable service area where operations beneficial to public may be conducted.-Transit Homes, Inc., Extension-Buildings (Idaho), 112 M.C.C. 422 (430-31).

Evidence of the exact volume of traffic to be handled by applicant under the authority sought is not essential to establishing a prima facie case or to receiving a grant of authority.-Transloric Trucking Corp. Common Carrier Application, 113 M.C.C. 82 (87)*.

Application granted as evidence indicates that there is a substantial volume of the considered traffic moving in an extremely large, sparsely populated area and that protestants are unable adequately to serve this area due to lack of sufficient equipment.-Baker Extension-Alaska, 112 M.C.C. 251 (254-55)*.

Supporting shipper's testimony as to substantial volume of considered traffic establishes need for proposed service except to the extent that such traffic, having prior movement by water, is not conclusively shown to move in interstate commerce or the existing service of protestant is not shown inadequate.-Commercial Carrier Corp. Extension-Salt, 112 M.C.C. 415 (419-20)*.

30. Extension of operations.-Applicants now authorized to transport mobile homes are granted additional authority to transport "double-wides' (sectionalized buildings) to enable them to provide complete service to shippers they presently serve. This Commission, under "field of service" doctrine as stated in 107 M.C.C. 445, will grant extensions of authority to carriers whose existing authorities prevent them from handling new commodities for industries they already serve.-Transit Homes, Inc., Extension-Buildings (Idaho), 112 M.C.C. 422 (432).

$209 (b). APPLICATION FOR PERMIT; FORM AND CONTENTS; ISSUANCE OF PERMIT; TERMS AND CONDITIONS

20. Evidence; admissibility.-Although applicant failed to indicate certain shippers' support in the proper place in its application form, no harm has resulted from this deficiency as protestants had ample time to reply to these verified statements. Accordingly, such statements of these supporting shippers will be admitted with their full weight.-P-N-J Kornacker, Inc., Extension-Malt Beverages, 112 M.C.C. 580 (585-86)*.

$210. DUAL OPERATION

3. Discrimination resulting from dual operation.-While there is no specific showing that applicant for common carrier authority and its affili ate holding contract carrier authority would engage in discriminatory practice the resulting dual operations would give rise to opportunities for discrimination. To preclude the possibility of such discrimination the common carrier

authority is granted upon the condition that the permit authority of applicant's affiliate be transferred or that applicant and its stockholders divest themselves of their interest in the affiliate corporation.-Transloric Trucking Corp. Common Carrier Application, 113 M.C.C. 82 (87)*.

1. Construction and interpretation.—In this rulemaking proceeding, Commission abolished the exception accorded the Department of Defense, which allowed the Department, when appearing as a supporting shipper in applications for temporary operating authority, to furnish its supporting statements directly to Commission's Motor Carrier Board, which exception placed an undue burden on possible protestants. Commission also required Department to certify the accuracy of such statements as this would impose no burden on the Department and would place it on an equal footing with other shippers.-Motor Carrier Temporary Authorities, 112 M.C.C. 288 (297-99)*.

$212 (a).

SUSPENSION, CHANGE, REVOCATION, AND TRANSFER OF CERTIFICATES,
MITS, AND LICENSES

1.

Construction and interpretation.—The courts have recognized the Commission's power to interpret certificates it has issued in the light of its own standards and industry usage. And in instant case, the Commission was interpreting plaintiff's certificates with reference to a long-existing regulatory scheme and industry usage when it concluded that certificated authority to transport "complete buildings" and "prefabricated buildings" did not authorize plaintiff to transport single-unit mobile homes, and required it to cancel its tariff rates on mobile homes; the Commission's action in that regard was proper. The substantial evidence of an historical, both industrial and regulatory, distinction between mobile housing-exemplified by house trailers-and prefabricated, sectionalized buildings designed to be permanently erected at delivery site, supports the Commission's finding that there is a valid distinction between the terms "mobile home" and "prefabricated building" as used in commodity description of the authority granted. The Commission's order is founded upon substantial evidence and is sustained; temporary restraining order dissolved and complaint dismissed.-Pre-Fab Transit Co. v. United States, 321 F. Supp. 1147 (1150-52) *.

$216 (a). DUTY TO ESTABLISH REASONABLE RATES, ETC.; SERVICE AND EQUIPMENT; RULES, REGULATIONS; REASONABLE DIVISIONS OF JOINT FARES

1.

Construction and interpretation. -The Commission's determination as to whether charges resulting from the detention of motor common carrier equipment are just and reasonable does not exceed the indicated jurisdictional bounds even though questions of agency and contract law may be involved.— Payment for Detention Charges, Eastern Central States, 335 I.C.C. 537 (539)*.

$216(b). RATES, FACILITIES FOR CARRIERS OF PROPERTY

6. Reasonable rate, construed. -Assailed rates on shipments of chemicals, drugs, and related articles from New Jersey and New York to Chicago were found to be below respondents' out-of-pocket costs for such service. Since out-of-pocket costs represent the floor below which rates should not be allowed to gravitate, the assailed rates are noncompensatory and so are unjust and unreasonable to the extent they are lower than 129 cents, minimum 35,000 pounds, and 120 cents, minimum 40,000 pounds.Chemicals, Drugs, and Related Articles, 335 I.C.C. 601 (606-07).

Cost of Service

104. Ascertaining cost.-When respondents' cost data on shipments of chemicals, drugs, and related articles from New Jersey and New York to Chicago by owner-operators cannot be accepted as reliable owing to deficiencies indicated, then protestant motor carrier associations' regional average cost computations may be accepted as basis for cost of such service subject to rebuttal by competent evidence that an individual carrier's costs are different.-Chemicals, Drugs, and Related Articles, 335 I.C.C. 601 (603-05).

Rates by Commodities

125. Commodities; characteristics; economic trends.-Assailed rates on chemicals, drugs, and related articles of 101 cents, minimum 40,000 pounds, and 109 cents, minimum 35,000 pounds, from points in New Jersey and New York to Chicago, Ill., found unjust and unreasonable to extent they are lower than 129 cents, minimum 35,000 pounds, and 120 cents, minimum 40,000 pounds.-Chemicals, Drugs, and Related Articles, 335 I.C.C. 601 (607).

Particular Descriptions of Freight Rates

180. Proportional rates.—Proposed motor-water-motor multipletrailer proportional rates on canned foodstuffs shown just and reasonable on such movements from Oakland and Long Beach, Calif., to indicated eastern destinations but not just and reasonable on shipments from other points on the Pacific coast as these rates neither are compensatory nor cover respondent's out-of-pocket costs.-Canned Foodstuffs, Pacific Coast to the East, 335 I.C.C. 612 (629).

Rates for Special Classes of Service; Practices

415. Handling; terminal charge. -Commission herein modified 49 CFR 1056.4 (formerly numbered 276.4) regarding charges for accessorial or terminal charges so that all such charges for terminal services on line-haul movements, including those by freight forwarders exempt under $402 (b) (2) of the Act, must be charged for separately and on a per unit basis.-Amendment of Pt. 276.4 General Rules & Regulations, 335 I.C.C. 698 (704-05).