from that which would suit his shipment. Schedules ordered canceled.--Citru Fruits, Ariz. and Calif. to Eastern States, 341 I.C.C. 622 (632). Territories Compared 261. Rates in different territories.--Though respondent railroads have shown a substantial and compelling need for immediate revenue relief, the general deficiency in evidentiary support with respect to higher levels of pr posed selective increases in rates and charges warrants uniform maximum incress limitations within and between the major districts. Therefore, considering relative revenue needs of carriers operating within those districts, increase not in excess of 4 percent within the South, 5 percent within the West, 6 per cent within the East, and 6 percent interterritorially, are authorized.Increased Freight Rates and Charges, 1972, 341 I.C.C. 288 (332, 336, 528-29)*. Commodity Description; Economic Trends; Sources and Destinations 350. Rates prescribed or approved.- Alcoholic beverages: Proposed increase in rates on wine and malt liquors, to the extent it exceeds 4 percent, maximum 4 cents per 100 pounds (the same basis authorized generally for processed foods), is not shown to be just and reasonable.--Increased Freight Rates and Charges, 1972, 341 I.C.C. 2 (448-50, 466-68, 529)*. Automotive vehicles: Proposed increases in rates on automobiles, automotive parts, and tractors are approved, except to extent that they exce the overall limitation of 5 percent within the West and 4 percent within the South, and except that no increase is authorized within the South on farm tractors.--Increased Freight Rates and Charges, 1972, 341 I.C.C. 288 (348-51 Bagasse: Both bagasse and limerock are low grade commodities on which rates would likely exceed their value if increased by 10 percent as proposed; increase in rates on those commodities, not in excess of 4 percent, approved.--Increased Freight Rates and Charges, 1972, 341 I.C.C. 288 (455, 457-58, 459, 529)*. Chemicals: Proposed percentage increases on certain chemicals and related products are found unwarranted to the extent that they exceed 3 perce on fluorocarbons, acyclic organic ethers, and propylene oxide.-Increased Fr Rates and Charges, 1972, 341 I.C.C. 288 (416-18, 518-21, 529)*. Coal: Percentage increases sought on bituminous are generally war ranted and, subject to the overall limitation of 5 percent within the West, rates on coal may be increased as proposed except for proposed interterritor increases. There being no justification for the higher increases proposed, increases on coal are limited to 5 percent, maximum 30 cents per ton, from East or South to Transcontinental Freight Bureau territory, or from West to East; and as to unit-train movements within the East and to or within the So no more than 15 cents per ton.--Increased Freight Rates and Charges, 1972, I.C.C. 288 (372-86, 529)*. Coke: Proposed increases in rates on petroleum and coal coke, lignite, and petroleum, coal, or coke briquettes are not shown to be just and reasonable to the extent they exceed the increases proposed and authorized on bituminous coal.--Increased Freight Rates and Charges, 1972, 341 I.C.C. 288 (386-88, 529)*. Containers: Proposed percentage rate increases of 6 percent on glass containers, 10 percent on returned empty shipping containers, and 10 percent on metal cans and metal shipping containers, found just and reasonable except to extent that they exceed overall limitation of 6 percent within the East, 5 percent within the West, 4 percent within the South, and 6 percent interterritorially. Though imposed for reasons other than environmental, that overall limitation will benefit shippers of returnable glass bottles.--Increased Freight Rates and Charges, 1972, 341 I.C.C. 288 (354-58)*. Copper: Proposed rate increases on primary copper smelter products will be just and reasonable except to the extent that they exceed 4 percent on copper ores, concentrates, and precipitates within the South and 3 percent on copper bars and billets, rough cast, within the East.--Increased Freight Rates and Charges, 1972, 341 I.C.C. 288 (371-72, 529)*. Feed: Under the circumstances shown of record, general level of rate increases sought on animal and poultry feeds are too high; therefore, a uniform 3-percent increase on those commodities is approved.--Increased Freight Rates and Charges, 1972, 341 I.C.C. 288 (459-66, 529)*. Fertilizer: Record does not justify proposed increases, ranging up to 10 percent, in rates on fertilizer and fertilizer materials; overall 3-percent increase on those commodities, except that no increase is authorized on phosphate fertilizer, approved.--Increased Freight Rates and Charges, 1972, 341 I.C.C. 288 (471-79, 529)*. Fruits: Proposed 4-percent rate increase on processed fruits and vegetables, subject to a maximum of 4 cents per 100 pounds on both canned and frozen fruits and vegetables, approved. However, record fails to justify proposed 6-percent increase in rates on fresh fruits, vegetables, and edible nuts to the extent that it exceeds 4 percent, maximum 4 cents per 100 pounds, on fruits and vegetables (including citrus pomace, potatoes, and onions), and 3 percent, maximum 3 cents per 100 pounds, on shelled and unshelled walnuts. Increased Freight Rates and Charges, 1972, 341 I.C.C. 288 (436-48, 529)*. Grain: In view of increasing competition of both trucks and barge lines, a general increase in rail rates on grains and grain products that is too high would be self-defeating. Therefore, a 3-percent rate increase on those commodities, subject to a maximum of 3 cents per 100 pounds on prepared flour mixes, is authorized. Tariffs publishing authorized grain rates must observe a 1/2-cent progression.--Increased Freight Rates and Charges, 1972, 341 I.C.C. 288 (459-66, 529)*. Household: Proposed percentage increases in rates on household appliances, lamps, and lighting fixtures, except to extent that they exceed 5 percent within the West, found just and reasonable.--Increased Freight Rates and Charges, 1972, 341 I.C.C. 288 (351) *. Iron and steel: Proposed 3-percent rate increase on primary iron and steel products, except on finished iron and steel articles within the East, and 6-percent rate increase on semifinished iron and steel (billets, blooms, ingots, etc.), authorized. No increase is proposed from, to, or within the South.--Increased Freight Rates and Charges, 1972, 341 I.C.C. 288 (343-48)*. Lumber: Proposed rate increases on lumber, plywood, and hardwood flooring are found just, reasonable, and otherwise lawful. However, rate increase on millwork is limited to 4 percent, maximum 4 cents per 100 pounds; no increase is authorized on woodpulp; and proposed increases on pulpwood and wood chips, subject to overall limitations in the major rate territories, but authorizing a nationwide interterritorial increase not exceeding 5 percent, are approved.--Increased Freight Rates and Charges, 1972, 341 I.C.C. 288 (481-510, 529)*. Machinery: Proposed percentage increases in rates on heavy electrical machinery and in detention charges on heavy duty flatcars required for movement thereof, except to the extent they exceed 5 percent on movements within the West and 4 percent within the South, approved.--Increased Freight Rates and Charges, 1972, 341 I.C.C. 288 (242-43)*. Newsprint: Proposed rate increases on newsprint, found not shown to be just and reasonable to the extent they exceed 5 percent to and within mountain Pacific territory, or include any increase within Southwestern Freight Bureau territory or from that territory to the South.-Increased Freight Rates and Charges, 1972, 341 I.C.C. 288 (515-16, 529)*. Sugar: Increase of 4 percent in rates on beet and cane sugar, subject to holddown of 3 cents per 100 pounds, except that no increase would apply in CFA territory, authorized; and same basis of increased rates is approved for corn syrup and corn sugar. However, proposed increases in rates on sugar beets and sugar cane, to the extent that they exceed a flat 3 percent nationwide, are shown to be justified.--Increased Freight Rates and Charges, 1972, 341 I.C.C. 288 (450-59, 529)*. Waste, scrap, junk: Although, on the record, considered secondary materials should not be exempted from any increase in rates, the low value of such articles, the relatively high percentage of freight charges to sales price, and their generally favorable transportation characteristics warrant some limita tion on proposed increases. Balancing those factors against carriers' need for additional revenue, an increase of not more than 3 percent is authorized on paper waste or scrap, textile waste, nonferrous metallic scrap, and glass, rubber or plastic scrap or waste. While secondary materials will continue to move despite proposed increases, the holddown imposed should encourage the movement and recycling of such commodities.--Increased Freight Rates and Charges, 1972, 341 I.C.C. 288 (358-69, 529)*. Proposed 5-percent increase in rates on ferrous scrap, except 4 percent within the East and from the South to the East, and except 3 percent to or within the South, minimum 15 cents per ton, authorized. Unlike the situation found to exist with respect to secondary materials generally, level of prices for ferrous scrap has no discernible relation to freight rates and rate increases; and since authorized increases will not inhibit movement of that commodity, a limitation on the increases for purpose of encouraging movement would serve only to deprive the railroads of needed additional revenue.--Id., pp. 392-413. Commodity Rates 573. Considerations bearing on reasonableness, generally.--Assailed rates applied during interim increase period on ammonium sulphate found unjust and unreasonable. Ammonium sulphate has historically had a rate parity relation to fertilizer and defendant's charges were based on higher interim increases on chemicals thus disturbing pre-existing rate relation between fertilizer and ammonium sulphate. Refund due to extent that interim increases on chemicals exceeded those on fertilizer.--Allied Chemical Corp. v. Norfolk & Western Ry. Co., 341 I.C.C. 266 (269-70). Transit 610. Generally.--District court remanded this case in 301 F. Supp. 328 to the Commission because in considering the compensativeness of charges based on proposed provisions for milling-in-transit of flour in 332 I.C.C. 432, the Commission had erroneously failed to consider the revenue realized from nontransit flour, which is required to accompany each flour shipment. Upon reconsideration including the revenues on nontransit flour, the proposals must be deemed compensatory, just, reasonable, and otherwise lawful.--Transit Provisions on Wheat at Twin Cities, Minn., 341 I.C.C. 235 (237-39)*. 631. Demurrage Generally.--Commission found assailed demurrage charges to be just and reasonable inasmuch as complainant shipper failed to exercise due diligence in its efforts to release the cars. Although defendant's solicitation of more traffic than it could handle was the proximate cause of detention, complainant could have avoided detention by moving cars at single-car rate when defendant could not meet the multiple-car minimum in time to permit tender of shipment. Shippers are hereby advised that they may move multiple-car shipments piecemeal in similar situations at multiple-car rates.--Ormet Corp. v. Illinois Central R. Co., 341 I.C.C. 647 (652-55). $1 (6). CLASSIFICATION OF PROPERTY FOR TRANSPORTATION; REGULATIONS AND PRACTICES Weighing Practice 67. In general.--Tariff rule requiring acceptance by consignor of consignee's weights for assessment of freight charges, under terms of weight agreements between consignee and defendant railroads, not shown unjust, unreasonable, or otherwise unlawful. It is neither unreasonable nor inequitable to require shipper to rely upon certified destination weights found by authorized weighmasters operating industry-owned tracks. Privately owned equipment is regularly inspected and tested to assure accuracy in same manner as railroad track scales.--Institute of Scrap Iron & Steel v. Aberdeen & R. R., 341 I.C.C. 771 (776). TRANSIT Jurisdiction of Commission 520. Strict construction of rules.--See Atchison, T. & S.F. Ry. co. v. John Sexton & Co., n. 538, below. Manner of Assessing Charges 538. Rates and regulations, applicable.-In railroad's suit seeking determination of the proper rate to apply on defendant's shipments from Kansas City, Kans., to various points, where the shipments moved from various origins to shipper's storage facilities at Kansas City from which, after periods of storage, they were reshipped to final destinations and, at time of reshipment, carrier's agent did not require, and shipper did not furnish, the shipper's certificate and other documents required by the transit tariff (but such documents were furnished to carrier a few days later) shipper violated the tariff as a matter of law and does not qualify for the storage-in-transit privilege. Accordingly, the lower "through" or "in-transit" was not applicable and, thus, shipper must pay the higher "flat" rate on its reshipments from Kansas City.Atchison, T. & S.F. Ry. Co. v. John Sexton & Co., 339 F. Supp. 1202 (1203-05). Stipulated facts show that shipper could not supply the required records at time of reshipment because of its computer record keeping and that a practice had developed, in which carrier acquiesced, wherein shipper would provide carrier with a "memorandum billing" containing enough information for delivery at desired destination, and would provide the "transit billing" on later date when the computer had produced it; however, contrary to defendant's argument, that does not make the tariff provision that transit billing be presented at time of reshipment unjust or unreasonable such as to be unlawful. Also, fact that tariff has since been changed to give a transit shipper a period after reshipment within which to surrender the transit billing documents does not make the previous tariff unreasonable.--Id., pp. 1205-06. Furthermore, fact that plaintiff had knowledge of defendant's "memorandum billing" and acquiesced is of no consequence; a carrier cannot waive a tariff provision and estoppel cannot be applied against it. While the equities of the dispute are undoubtedly with defendant, the tariff involves the public interest which is paramount; and public interest demands that tariffs be strictly construed. Therefore, plaintiff's motion for summary judgment is sustained; defendant's motion for summary judgment is overruled.-Id., pp. 1206. Particular Transit Services 563. Milling.--See Transit Provisions on Wheat, at §1(5), n. 610. Terminal Services and Facilities 680. Absorptions.--Complainant shippers have clearly established that refusal of defendant line-haul carriers to absorb fully the interline switching charges is an unreasonable practice in violation of §1 (6) inasmuch as it is defendant's prevailing practice to absorb similar charges for other connecting carriers and failure to do so for this instance results in unjust |