No. MC-52657 (Sub-No. 380), filed May 15, 1947. New and equipment, in initial movements, in truck-away and Marion, Ind., and points within 1 mile of Marion, † Mexico, Oklahoma, Texas, and those in Missouri, othe aged or rejected shipments of the same commoditie routes.

No. MC-52657 (Sub-No. 394), filed December 5, mobiles, new automobile bodies and chassis, and a paraphernalia, (1) in initial truck-away service f County, Mich., to points in Lake and Porter Co situated in the Chicago, Ill., commercial zone, a cial Zone, 1 M. C. C. 673, and to points in Arkan Nebraska, Kansas, and Missouri; (2) in initi Run in Washtenaw County, Mich., to points North Dakota on and west of North Dakota away service, (a) from Milwaukee, Wis., t Dakota, and (b) from Duluth, Minn., to p and Minnesota. Return of damaged or r tion in each instance, traversing Ohio and No. MC-52657 (Sub-No. 400), filed M bodies without wheels, and hydraulic within 5 miles of York, to points in Hampshire, Vermont, and Louisiana, Pa., to points in Arkansas, Connectic Illinois, Indiana, Iowa, Kentucky, sota, Missouri, New Jersey, New Y Island, South Carolina, Tenness Omaha, Nebr., (2) freight bodies souri and to points in the United (3) with return of damaged or

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INVESTIGATION AND SUSPENSION DOCKET No. M-29091 BOOTS AND SHOES FROM MAINE POINTS TO BOSTON, MASS.

Submitted June 20, 1949. Decided October 27, 1949

Proposed motor common carrier commodity rates, resulting generally in increases, on boots and shoes from points in Maine, New Hampshire, and Vermont, to Boston, Mass., found unjust and unreasonable except in certain respects. Proposed schedules ordered canceled, to the extent found unlawful, without prejudice to the filing of new schedules in accordance with the views expressed. Proceedings discontinued.

Ralph H. Cahouet for respondents.

Arthur E. Whittemore and J. H. Sturtevant for protestants.
REPORT OF THE COMMISSION

DIVISION 3, COMMISSIONERS MILLER, JOHNSON, AND CROSS

BY DIVISION 3:

Exceptions to the order recommended by an examiner were filed by protestants, and respondents replied. Our conclusions differ from those recommended.

In the title proceeding, by schedules filed to become effective on August 8, 1948, and later dates, the motor common carriers parties to a joint agency tariff issued by the New England Motor Rate Bureau, Inc., proposed to establish new, increased, and reduced commodity rates on boots and shoes from various points in Maine to Boston, zone 1, Mass.

In Investigation and Suspension Docket No. M-2918, by schedules filed to become effective September 8, 1948, the motor common carriers parties to another joint agency tariff issued by the same bureau, proposed to establish increased and reduced commodity rates on the same commodities from Brattleboro and Bellows Falls, Vt., and various points in New Hampshire, to Boston and points grouped therewith. Upon protest of certain shipper associations, operation of the schedules was suspended until March 7 and April 7, 1949, respectively, when they became effective. For clarity of discussion, the rates under investigation will be referred to as the proposed rates, and those

1This report also embraces Investigation and Suspension Docket No. M-2918, Boots and Shoes, New Hampshire and Vermont to Boston.

previously in effect as the present rates. Class rates referred to as present class rates are those in effect at the time of the hearing.

From the two specified Vermont origins, and from 48 origin points in New Hampshire and Maine, respondents' present rates on boots and shoes to Boston are commodity rates, less than truckload and minimum 20,000 pounds, except that in a few instances class rates apply. In lieu thereof, from most of these origins, it is proposed to establish commodity rates related to the class rates, as hereinafter explained, but from certain other important origins, also discussed hereinafter, increased rates, related percentagewise to the present commodity rates, are proposed.

Boots and shoes are rated third class in the New England classifications. This rating is generally assigned by respondents to articles which have shipping densities ranging from 10 to 15 pounds a cubic foot, and the average shipments of boots and shoes are within that density range.

In the present New England class-rate structure, each of the five numbered classes is subdivided so as to provide five weight groupings or weight break-downs, designated as columns B to F inclusive. The rates within each class thus vary according to the weight grouping. The various weight groupings, moreover, differ as between the five classes.

The main proposal herein is to establish, with certain exceptions, fourth-class rates on shipments of boots and shoes under 8,000 pounds, and third-class rates on shipments of greater weight. Specifically, the commodity rates proposed on shipments of less than 8,000 pounds are the same as the fourth-class column C rates (which normally apply on articles rated fourth class and weighing from 900 to 5,299 pounds); those proposed on shipments from 8,000 to 12,499 pounds are, in general, lower rates the same as the corresponding third-class column E rates, and those proposed on shipments of 12,500 pounds and over are, generally, still lower rates the same as the third-class column F rates for corresponding weights. Where this formula would have resulted in higher rates on shipments of 8,000 pounds or more than on shipments under 8,000 pounds, as, for example, from Old Town, Maine, the latter rates are held as maxima.

The proposed commodity rates from Portland and seven other points in Maine south of Portland represent the principal departure from the foregoing general basis. From Portland and five of these origins to Boston, it is proposed merely to increase by 5 percent the present less-than-truckload commodity rates, with no change in the 20,000pound rates except a 1-cent reduction in one instance. From the other two related points, from which class rates now apply, it is proposed

to establish commodity rates the same as those proposed from neighboring origins.

In addition, the present commodity rates from Bellows Falls, and from Suncook and Wolfeboro, N. H., are proposed to be canceled and the full class-rate basis of third class applied, while from North Joy, Maine, from which class rates apply at present, commodity rates the same as proposed from a neighboring origin are proposed.

The following table contains typical present and proposed commodity rates, short-line distances, the corresponding third- and fourthclass rates in effect on the date of hearing, and the percentage relations which the proposed rates, on shipments of less than 8,000 pounds, bear to the corresponding third-class column B, C, and D rates:

49 M. C. C.