To

The Advance Bulletin supplements the Commission's bound volumes of Interstate Commerce Acts Annotated. This issue is number 11 of volume 1. A umber of Bulletins will constitute a volume; and the pages will be numbered consecutively within each volume rather than within individual Bulletins. facilitate the location of subject headings, the Table of Contents of each Bulletin may ultimately be removed to form a cumulative table for the volume. The Bulletin is published bimonthly.

Members of the public, attorneys and practitioners, the I.C.C. staff may consult the consolidated file from which the Bulletin is compiled in Room 6364 of the I.C.C. Building. For cases which appear in the Bulletin only as reconsidered or appealed, prior citations and annotations may be obtained by consulting the consolidated file or by calling Mr. John F. McMorrow or Mr. Robert A. Emery, (202) 275-7143.

Material in this volume of the Bulletin will appear in Volume 22 of
Where a Bulletin case is marked with

the Interstate Commerce Acts Annotated.

an asterisk (*), its history may be found in the Table of Cases at the back

of the Bulletin.

Volume 21 of the Interstate Commerce Acts Annotated is now available from the U.S. Government Printing Office (Stock No. 2600-00970) and may be ordered from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402, at $18.65 per copy, payable by check or money order to the Superintendent of Documents.

The Advance Bulletin is prepared in the Annotations Unit under the direction of Mr. Jack R. Long, Chief, Reference Services Branch, Section of Case Control and Information, Office of Proceedings, Interstate Commerce Commission, Washington, D.C. 20423. Comments and suggestions regarding improve

ment of the format of the Bulletin will be welcomed, and may be made in writing or by calling (202) 275-7221.

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Vol. I No. 11

NATIONAL TRANSPORTATION POLICY

5. National transportation policy, in general.-

Exemption: Commission found that neither the Act nor the national transportation policy precludes the issuance of a certificate of public convenience and necessity authorizing operations as a common carrier by motor vehicle to an agricultural cooperative performing exempt transportation under $203 (b) (5) of the Act. This issue is considered one of general transportation importance.--American Farm Lines Common Carrier Application, 114 M.C.C. 30

(41-42)*.

PART I

$1(1). CARRIERS SUBJECT TO REGULATION

Interstate Commerce, and Application of Act thereto

1. Interstate commerce defined.--Commission, citing Osborne, 306 I.C.C. 155, and McWilliams, 100 F. Supp. 66, found that rail switching movements within a single State, following interstate movements by unregulated water carriers performing transportation of commodities under exemption of $303(b) of the Act, are in interstate commerce and are subject to the Commission's jurisdiction.--Monsanto Company v. Alton & So. Ry. Co., 339 I.C.C. 319 (321-23).

§1(3)(a). DEFINITIONS

30.

Railroad, Construed

"Railroad" and "railway."--Commission found each line involved herein to be a line of railroad, or extension thereof, as defined by criteria in New Orleans, 366 F. 2d 160, especially as each line serves substantial territory, handles foreign commerce, handles traffic movements part of transportation haul from shipper to consignee, and render service to the public generally.--Missouri-Kansas-Texas R. Co. Abandonment, Okla., 338 I.C.C. 728 (748-49).

§1(4).

DUTY TO FURNISH TRANSPORTATION AND ESTABLISH THROUGH ROUTES; DIVISION
OF JOINT RATES

4.

Carriers to Provide and Furnish Transportation

Jurisdiction of Commission and of courts.--Based upon views expressed by the Supreme Court in Pennsylvania, 242 U.S. 208, the Commission has taken the position that enforcement of railroads' $1 (4) duties, except as entrusted to us by other provisions of the statute, rests with the courts and not with us. Complaint dismissed for lack of jurisdiction by this Commission.--Duralite Co., Inc. v. Erie Lackawanna Ry. Co., 339 I.C.C. 312

(314).

90. Principles involved, generally.--Cost data presented to justify proposed new or increased per-car transit charges should cover various commodities moving varying distances in different territories with different size transit points. Since carloads contain mixtures of transited and nontransited goods, or mixtures of goods subject to various transit charges, or no charges at all respondent railroads should have submitted a sampling of through traffic to draw a cost-to-revenue comparison for traffic on which line-haul rates are presumed to cover transit.-Transit Charges, USA, 339 I.C.C. 45 (58).

Competition

303. Market competition.--Proposed rent-a-train plan herein was motivated by a desire to make it possible for corn from land-locked area of east central Illinois to compete in the export market with corn having access to water transportation. It would not constitute an unlawful exclusive patronage contract since no regulated carrier would be precluded from competing for said traffic. --Grain by Rent-A-Train, IFA Territory to Gulf Ports, 339 I.C.C. 579 (590-91)*.

Commodity Descriptions; Economic Trends; Sources and Destinations

350. Rates prescribed or approved..

Flour: Rates on flour, whether moving in bulk or in bags, may be increased not more than 11 percent over the base rates in effect prior to increases authorized in Ex Parte No. 262, and in place of said Ex Parte No. 262 increase. The tariffs publishing such increases to small progress in one-half cent steps as provided herein.--Increased Freight Rates, 1970 and 1971, 339 I.C.C. 125 (221-28).

Fly ash: In Ex Parte No. 267, rates on fly ash and petroleum waste products may be increased not more than 8 percent.--Increased Freight Rates, 1970 and 1971, 339 I.C.C. 125 (209).

Fresh fruit: Rates on east bound transcontinental TOFC fresh fruits and vegetables where the rate includes a factor for protective service may be increased not more than 5 percent.--Increased Freight Rates, 1970 and 1971, 339 I.C.C. 125 (193-97).

In Ex Parte No. 267, rates on fresh fruits and vegetables, edible nuts, processed foods and beverages and wines may be increased not more than 22 cents per hundredweight.--Id., pp. 196-201.

In Ex Parte No. 267, rates on east bound transcontinental TOFC fresh fruits and vegetables where the rate includes a factor for protective service may be increased not more than 9 percent.--Id., pp. 195.

Grain: Rates on grain and grain products in the West may be increased not more than 11 percent over the base rates in effect prior to the increase authorized in Ex Parte No. 262, and in place of said Ex Parte No. 262 increase. The tariffs publishing such increases to small progress in one-half cent steps as provided herein.--Increased Freight Rates, 1970 and 1971, 339 I.C.C. 125 (219-28).

Lumber: In Ex Parte No. 267, rates on lumber and forest product may be increased not more than 15 cents per hundredweight.--Increased Freight Rates, 1970 and 1971, 339 I.C.C. 125 (228-32).

Sugar: In Ex Parte No. 267, rates on sugar may be increased not more than 10 cents per hundredweight.--Increased Freight Rates, 1970 and 1971, 339 I.C.C. 125 (253-56).

Waste, Scrap, Junk: In Ex Parte No. 267, rates on scrap iron and steel, nonferrous and alloy scrap, textile and paper scrap, pig iron and iron pellets having Fe content comparable to pig iron or iron and steel scrap may be increased not more than 11 percent.--Increased Freight Rates, 1970 and 1971, 339 I.C.C. 125 (205-19).

Rates Based on Quantity of Traffic

518. Trainload rates.--Commission approved reduced all-rail multiple-car rate herein even though the proposed rate exceeds the variable costs excluding profit and income taxes. Recent rate increases on issue traffic in Ex Parte No. 267 will improve compensativeness and while only a single rate is proposed it will apply from a large origin area and is, in effect, a group or blanket rate. Proposed rate is adequately compensatory and will aid farmers, elevator operators, and other interests located on respondent's tracks.--Corn & Soybeans, Midwest to Pacific Northwest, 339 I.C.C. 465 (472-73).

The rent-a-train concept, as embodied in tariff herein, is analogous to multiple-car and trainload volume rates. Commission found tariff herein not shown just and reasonable with respect to the minimum speed and refund provisions and when applying to carrier-owned cars. Tariffs ordered canceled without prejudice to filing of amended tariffs.--Grain by Rent-ATrain, IFA Territory to Gulf Ports, 339 I.C.C. 579 (592-93)*.

In view of the provision for a guaranteed minimum number of trips, it is unnecessary to provide for alternation with other rates or for a specific minimum tonnage.--Id., pp. 587-88*.

Line-Haul, Terminal, and Switching Services Included

522. Switching and spotting.--Commission found proposed increased interterminal, intraterminal, and reciprocal switching charges not shown to be just and reasonable. Because there is no substantial reciprocity of switching herein, the cost of service is the most important factor in determining reasonableness of rates and respondents' costs were found so