NEW MEMBERS Benjamin R. Achenbach, Jr. (A), Hale, Russell & Stentzel, 1001 Connecticut Avenue, N.W., Washington, D. C. 20036 Mark Joseph Andrews (A), Verner, Liipfert, Bernhard & McPherson, Suite 1100-1660 L Street, N.W., Washington, D. C. 20036 Fred J. Batliner (B), 8142 Chester Avenue, Niles, Illinois 60648 Mark E. Battaglia (A), R. D., Annandale, New Jersey 08801 Matthias J. Bishop, Jr. (B), C. H. Dexter Division, The Dexter Corporation, 1 Elm Street, Windsor Locks, Connecticut 06096 John M. Brady (B), The New York Port Authority, 111 Eighth Avenue, New York, New York 10011 Craig G. Collins (B), 4950 Andrea Avenue, Annandale, Virginia 22003 Michal B. Cotten (A), Clark, Thomas, Harris, Denius & Winters, P. O. Box 1148, Austin, Texas 78767 Fred R. Covington (B), 4373 Nelson Drive, Richmond, California 94803 Edward R. Czisny (B), 1097 North Overlook Ridge Road, Diamond Bar, California 91765 Walter T. Evans (A), 615 Perpetual Building 1111 -E- Street, N.W., Washington, D. C. 20004 William T. Finley, Jr. (A), Sharon, Pierson and Semmes, 1054-31st Street, N.W., Washington, D. C. 20007 J. Marshall Forsyth (B), 1766 South Cape Street, Lakewood, Colorado 80226 Thomas J. Hale (B), 16A Frances Street, San Rafael, California 94901 Clinton E. Holland (B), The Lee Building, 3881 Leesburg Pike, Bailey's Brian P. Holtz (B), 2141 West Green Tree Road, Milwaukee, Wisconsin 53209 John S. Lenke (B), 339 Arbor Drive, South San Francisco, California 94080 R. H. Lipscomb (A), Seaboard Coast Line Railroad Company, 3600 West Broad Street, Richmond, Virginia 23230 Burton M. McDaniel (B), 6771 Springpark Avenue, Apt. 202, Los Angeles, California 90056 Eugene M. Malkin (A), Macleay, Lynch, Bernhard & Gregg, 1625 -K- Street, N.W., Washington, D. C. 20006 John M. Musselman (A), Rhoads, Sinon & Reader, P. O. Box 1146, 400 North Third Street, Pittsburgh, Pennsylvania 17108 Robert G. Parks (A), Law Office of Charles W. Mulcahy, Jr., 200 Berkeley Street, Boston, Massachusetts 02116 Earl E. Pollock (A), Sonnenschein, Levinson, Carlin, Nath & Rosenthal, 69 W. Washington Street, Chicago, Illinois 60602 John Miles Powell (A), 4371 Lee Highway, No. 401, Arlington, Virginia 22207 William D. Randall (B), Edward Hines Lumber Company, 200 South Michigan Avenue, Chicago, Illinois 60604 Richard S. Sandgren (B), 1022 West County Road D, St. Paul, Minnesota 55112 Leonard H. Shapiro (B), 2032 Race Street, Philadelphia, Pennsylvania 19103 Robert G. Simpson (A), Souther, Spalding, Kinsey, Williamson & Schwabe, 1200 Standard Plaza, Portland, Oregon 97204 Russell E. Stone (B), 3301 Henderson Mill Road, Atlanta, Georgia 30341 -439 Thomas W. Thompson (A), 911 Bank of Knoxville Building, Knoxville, Tennessee 37902 George L. Wenrich (A), Senior Real Estate Attorney, Southern Railway James D. Westfall (B), 951 Delores, San Francisco, California 94110 Wilhelm A. Zeitler (A), Real Estate Attorney, Southern Railway System, Transportation Con- 3. Finance 33 Purpose of Issue 34 Alteration of Securities 4. Service & Operations 43 Line 5. Rate Structure 55 Competitive Rate- 6. Rate Level 66 Class Rates 7. Equality of Charges 05 Types of Carriage 06 Corporate Organization 16 Proof 17 Hearing 18 Decisions 19 Judicial Review 27 Disposition of 28 Transfer, Modification, 35 Corporate Reorganiza- 37 Accounts 46 Safety 48 Liability 49 Discrimination 56 Demurrage & Storage 68 General Increases or 69 Passenger Service 75 Intrastate Rates 86 Leases & Operating 87 Disposition of Unifica- 02 02.0 02.06 Legislative History 0. REGULATION * Federal Regulation 02.06 Conference Report continues to refer to "certificate or permit,” as do explanatory remarks concerning conference bill made on floor of Senate. In light of plain legislative history and in view of fact that such construction is necessary to give full effect to terms "certificate or permit" as used in statute, Sec. 312a may properly be construed as applicable to contract as well as common carriers by water. W-239, Universal Transp. Co.-Cancellation of Permit, 337 I.C.C. 840, 846, 12-14-70, Div. 1. 02.2 Interstate & Foreign Commerce 02.23 Local Part of Through Movement 02.23 Goods shipped from one State to a warehouse in another State with no specific destination beyond warehouse known or intended at time of shipment, come to rest in warehouse and distribution thereof from warehouse to consignees in same State is intrastate commerce. Reshipment of an interstate or foreign shipment does not necessarily establish a continuity of movement or prevent shipment to a point within same State from having an independent or intrastate character. 275 U.S. 257. MC89377, Sub 2, Timm Trucking Corp., Ext.-Suffolk, 12-2-70, Rev. Bd. No. 1. 02.23 Proposed motor operation within confines of Florida is not subject to ICC economic regulation if applicant transports out-of-State, ex-barge shipments for which immediately prior water transportation has been performed either in private carriage or for-hire water carrier exempt from economic regulation pursuant to Sec. 303 (b) of Act. MC-115491, Sub 117, Commercial Carrier Corp., Ext.-Salt, 112 M.C.C. 415, 419, 11-10-70, Ap. Div. 1. 05.20 Generally 05 Types of Carriage 05.2 Contract Carriers 05.20 Applicant does not state that he will assign equipment to exclusive use of supporting shippers or receivers. Furthermore, authority sought would allow applicant to serve more than a limited number of shippers since he could serve all "individuals requiring towing service." As for second criteria, applicant's proposed service would not be so specialized as to be essentially different from services offered by motor common carriers transporting same commodities. Applicant has failed to show by convincing evidence that he would perform a contract carrier service as defined in Sec. 203 (a) (15) of Act, and his request for a permit will be denied. MC134236, Clyde W. Ferguson, Cont. Car. App., 11-5-70, Rev. Bd. No. 1. 05.20 Applicant proposes to continue to assign motor vehicles for exclusive use of shipper and to furnish transportation services designed to meet distinct needs of shipper. Therefore, authority sought is clearly within either alternative test set forth in definition of contract carriage found in Sec. 203 (a) (15) of Act. MC-59640, Sub 20, Pauls Trucking Corp., Ext.Sussex County, Del., 12-9-70, Rev. Bd. No. 2. * References to mimeographed decisions which are not to be printed in full in Commission reports are to docket number and date. Cases to be printed can be found in the advance sheets of the ICC decisions by reference to the decision dates shown. ICC decisions included in this issue cover those served in mimeographed form. 05.21 Applicants offer a specialized armored car service, with uni- 05.21 Record fairly substantiates conclusion that applicant will pro- 05.21 Applicant proposes to provide shipper with an expedited de- 05.21 Common carriers are unable to act as "house carriers" for sup- 05.21 Dedication feature of Sec. 203 (a) (15) has not been met. Re- 05.21 Inasmuch as proposed service appears to involve no more than 05.22 Inasmuch as applicant proposes to assign specific vehicles to ex- 05.22 Proposed service would be for one person, INS, and vehicles 05.22 Term "assignment of vehicles" within meaning of Sec. 203 (a) |