Heavy haulers cannot transport loaded, but can transport empty 352 "In containers" v. "in trailers" 352 Intermodal transportation, water-motor, Pacific Northwest 337, 346
CONTRACT CARRIERS
Affiliated supporting shippers, evidence required to show how interrelated and which actually controls traffic 430,
432 Assignment shipper 488 Burden of proof less stringent than that imposed on common carrier 75 Class of shippers, shippers of building glass not 488
Conversion to common carriage, denied 77 Criteria in
Determining "limited number of person" in §203(a)(15), dis- cussed 432, 487
$203(a)(15), discussed 431, 487, 620 $209(b), discussed 432, 488, 621 Discrimination among shippers, no obligation to avoid 828
Distinct need means "specialized need," service to building glass shippers not 488
House carrier for both TL and LTL
shipments 621
Open-end authority 336
Protesting common carrier application Denied, protestant serves shipper adequately 827
Granted, to free shippers from unwillingly contracting with pro- testant 826, 828
CONTROL See COMMON CONTROL, MANAGEMENT OR ARRANGEMENT
CONVERSION OF AUTHORITIES Certificate of registration to certificate of public convenience and necessity Procedure described 276
Lack of existing carrier opposition does not create presumption of need 248 Local domicile of applicant 391 Minimum weight charges, cost data re- quired to find discriminatory 61 Official notice
Authority granted to serve supporting shipper 642
Denial of similar applications supported by shipper 464
Emergency temporary authority granted applicant 442, 446
Other Commission proceedings 128, 353, 464
Population of Kansas City 845 Protestant acquired pertinent authorities prior to reopening 286 Protestant acquired pertinent permit during pendency of proceeding 825 Refused, when protestant filed motion that notice be taken of certi- ficate granted it prior to review board's decision 857
Prima facie case
Made by applicant 8
Not made by applicant 231, 879 Requirements for, discussed 8, 230,
Charges, protestant's inability to advance 490
Consignee not paying charges or controlling carrier routing or selection, but having firsthand knowledge of transportation requirements 231 Ethnic ownership of applicant 229 Isolated service failures 468, 878 Lacking traffic volume 905 New service, mere allegations that it will harm existing carriers 590 Protestants' failure to negotiate FAK rates tantamount to embargo 475
Fitness, protestant's, administrative law judge's reversal of ruling to strike, did not deprive protestant of fair hearing 378
Remains part of docket subject to reconsideration 379
Supporting shipper required to show commodities shipped, specific points, freight volumes tendered, services used 311
Traffic volume lacking 468 Weight accorded
Applicant's interest in preserving traffic now handled 438
Detention rule, alleged unlawfulness does not detract from, as alternative proposal 685
Protestant's opposition, when failed to appear or hearing evidence 304
Applicant's failure to proceed with case with properly certified, at own peril 534
Commission not bound by rigid rules 653
Discretion of hearing officer, to ensure full and true disclosure 653
No. MC-19 (Sub-No. 19): 624 No. MC-19 (Sub-No. 20): 395 No. MC-19 (Sub-No. 26): 315 No. MC-37 (Sub-No. 26): 130 No. MC-85: 583
No. MC-88: 680
Commercial zones, expansion 181 Detention rules 742, 788
Land bridge, bananas, United States ports to Canada 49
Not exempt, local pickup and delivery
services performed in connection with unregulated carrier's even though such transportation takes place wholly within a single commercial zone 348
EXISTING CARRIERS
Connecting, nonprotestants, service not considered 295
Entitled to all the traffic they can handle adequately, efficiently, and economically 9, 78, 311, 803, 878 Have no absolute immunity against future competition 391, 446, 657
Lack of opposition by, does not create presumption of need 248 Locally domiciled, more responsive applicant, favored over 391
Must be tried and found wanting before additional service granted 27 New service merely supplementing, denied 804
New traffic, deprivation of, harmful 906 Service
Adequacy, determination of important not indispensable 490
Desirability of particular type of pro- posed service way outweigh adequacy of 10
Found adequate 27, 77, 85, 128, 249, 268, 312, 445, 468, 490, 559, 854, 862, 878, 906
Found inadequate 9, 237, 243, 269, 295, 347, 370, 391, 458, 475, 518, 558, 621, 647, 656, 817, 886
Inadequacy of, not synonymous with PC&N 657, 802
Not wholly inadequate, additional service needed 95, 656
Showing of inadequacy is no prere- quisite to granting certificate 9, 439, 445, 458, 579, 590, 647, 656, 802
EXPEDITED SERVICE See TARIFFS
FEDERAL MARITIME COMMISSION Detention charges, ports 727, 788, 792
FEDERAL REGISTER
Rulemaking proceedings, publication in, adequate notice 156
FINANCIAL FITNESS See FITNESS OF CARRIERS
FITNESS OF CARRIERS
Burden of proof, on applicant 117, 387 Carrier's actions, not shipper's need, con- sidered 118
Cease and desist orders, willful violation of, found unfit 118
Criteria for determining 117, 347, 387 Each proceeding to be determined on basis of own facts and circum- stances 387
Financial, applicant details financing of proposed operation, found fit 818 Finding of fitness and public need must be made, one not based on the other 118
Finding of unfitness is not intended to be punitive in nature 118, 347, 386, 389 Freight forwarders, "qualified"
Burden less than motor carrier fitness 508
Corporate veil pierced, applicant found unqualified when wholly owned subsidiary of motor carrier engaged in unlawful actions 509
Loss and damage claim record con- sidered 504
Proceeding held open for determination of 237, 240, 562
Protestant, pending investigation of, considered 14
Temporary authority, operations under 348
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