position of the liquid. Finally, the three involved commodities are all well-known products of the chemical industry, and there is no basis here for concluding that any of them are excluded from the "liquid chemicals" classification by common usage.

What has been said in the preceding paragraph with respect to the two operations required for the production of liquid hydrogen is equally applicable to the question of whether or not liquid hydrogen derived from petroleum or natural gas is a petroleum product. We conclude that such gas is a petroleum product because the hydrogen used for its synthesis is obtained either wholly or predominantly from petroleum sources. this connection, it is well settled that the liquefied derivatives of natural gas are, for transportation purposes, classified as petroleum products. York Interstate Trucking, Inc., ExtensionLuling, La., 69 M.C.C. 65, 67. It does not necessarily follow, however, that petroleum-based liquid hydrogen is a liquefied petroleum gas. The term "liquefied petroleum gases" refers

group of petroleum derivatives (principally butane and propane) which at ordinary atmospheric pressure and temperature are gases, but which are reduced to liquid form by the application of pressure and shipped in pressurized tank vehicles able to withstand interior pressures of from 125 to to 250 pounds per square inch. By contrast, liquid hydrogen is liquefied by cryogenic methods and is transported in vacuum-insulated trailers of radically different design and function from the pressurized tank vehicles used for the movement of liquefied petroleum gases. Although liquid hydrogen is a violatile commodity, it does not have the same transportation characteristics and requirements as those commodities generally considered to be liquefied petroleum gases by the transportation industry and by established trade and industrial usage. F. N. Rumbley Extension-Rangely, Colo., 51 M.C.C. 321, 328-329; and Direct Transport Co. of Kentucky, Inc., Ext.-Salem, Ill., 72 M.C.C. 94, 96. The term "liquefied petroleum gas" has a generally accepted trade or industrial meaning which is substantially more limited in scope than its literal or academic definition, and one which clearly does not embrace liquid hydrogen. See section 3 of Petroleum Products Handbook, First Edition, McGraw-Hill Book Company, Inc., 1960.

The question of whether or not the authority held by Navajo and certain of the other applicant-protestants herein to transport "compressed gases" allows the transportation of cryogenic

liquids was decided in Navajo Freight Lines, Inc., ExtensionLiquefied Gases, supra. There it was held "that the qualifying adjective 'compressed' refers to spatial compression achieved either by pressure or cooling or both and that cryogenically liquefied gases are compressed gases. We consider that holding to be an appropriate disposition of the issue and we reaffirm it here. See also F. N. Rumbley Co., ExtensionRangely, Colo., supra, in which liquefied petroleum gases were found to be normally and customarily identified as gases rather than as liquids. In light of the foregoing, we conclude that all of the involved commodities are embraced within the descriptions "liquid chemicals" and "compressed gases"; and that liquid hydrogen derived from petroleum or natural gas is a petroleum product, but is not a "liquefied petroleum gas" as that term is generally understood in transportation parlance.

QUANTUM OF SERVICE NEEDED

Although many of the applicant-protestants herein hold competitive authority to transport the involved commodities under various commodity descriptions, the authority or authorities held by each are too territorially fragmented to permit the complete and flexible transportation service required by the Air Force and Defense Department. However, we are unable to agree with the examiner that shippers' probable future requirements for bulk motor transportation are sufficient to warrant grants of authority to eight carriers. Although a truly tremendous volume of liquid oxygen and liquid nitrogen is involved, it is evident that a large percentage will consist of intrastate shipments and that another large percentage will continue to move by rail or in shipper-owned tank vehicles. In determining the quantum of service to be authorized herein, we note (1) that the bulk of the involved traffic moves to, from, or between points west of the Mississippi River, (2) that at and prior to the time of the initial hearing herein in August 1962, the for-hire bulk motor transportation requirements of the Air Force and Defense Department were being satisfactorily met by two motor carriers operating under temporary authority, (3) that the volume of liquid oxygen and liquid nitrogen available for handling by rail and for-hire motor transportation in 1964 and 1965 is expected to be approximately 26 million pounds a year greater than that in 1963, and (4) that from 1963 through 1965, the volume of

liquid hydrogen available for handling by for-hire motor transportation will increase at one average rate of approximately 268 tank loads a year. In light of the foregoing, we conclude that a need has been shown for the services of 2 motor carriers between points in the 30-State area applied for by the great majority of the applicants herein, and for the service of a third carrier between points in the western part of the United States.

Public convenience and necessity are not the property of any particular applicant, and it is our function to determine, in furtherance of the aims expressed in the national transportation policy, which of the applicants herein should be selected to meet such need. Of all the applicants before us, only Asbury, Cantlay, and Allyn operate tank equipment suitable for movement of the cryogenic liquids under consideration here. In view of the otherwise similar qualifications of the applicants, we hold this factor to be of controlling importance in the determination of which carriers should be authorized to perform the services shown to be required. The existing authority of Asbury and Cantlay to transport cryogenic liquids and their extensive experience in conducting such transportation are other factors which obviously entitle them to favorable consideration. As for Allyn, it is the only one of the applicants who actually owns any cryogenic equipment; it has been serving the supporting shippers on intrastate movements in California; and, as a western carrier, it is well situated to serve the 11 western States encompassed within its application. Asbury challenges the fitness of Allyn to engage in the operations requested in its application, but there is nothing of record, either with respect to past unlawful operations or in Allyn's financial circumstances, to warrant a negative finding in this respect. As an irregular-route carrier, Allyn is in a position to render the flexible call-on-demand service required by shippers, and it has the financial ability to acquire whatever additional facilities or equipment which may be needed to perform such service. Chemical Leaman's argument that its prior application should take precedence over Allyn's application is without merit in the circumstances here presented. We conclude, therefore, that Asbury, Cantlay, and Allyn are the 3 applicants best qualified to be granted the authority sought herein; and that the 18 other applications considered in this report should be denied. In view of these conclusions, it is unnecessary to consider the other matters raised on exceptions.

It is clear that the three chosen applicants intended their proposed operations to be limited to military and Government traffic. However, the restriction "between missile sites, production plants and missile test facilities" is ambiguous in meaning and will not be used. In order to achieve the intended purpose of their applications, we shall rephrase the restriction to read "restricted against the transportation of shipments moving to destination points which are not missile storage or missile launching sites, missile test facilities, or manufacturing plants producing liquid oxygen, liquid hydrogen, or liquid nitrogen. Liquid hydrogen, liquid oxygen, and liquid nitrogen are all classified as dangerous commodities in our dangerous explosives regulations. Following the precedent set in Riss & Co., Inc., Extension-Explosives, 64 M.C.C. 299, a 5-year term limitation will be imposed in the certificates granted to Asbury, Cantlay, and Allyn. See also No. MC-23939 (Sub-No. 105), Asbury Transp. Co. Extension-Rapid City (not printed), decided February 20, 1962. and No. MC-23939 (Sub-No. 115), Asbury Transp. Co. Extension-Ohio and Florida (not printed), decided March 7, 1962. The authority granted herein, to the extent it duplicates any now held by Asbury, Cantlay, and Allyn, shall not be construed as conferring more than one operating right.

FINDINGS

In Nos. MC-531 (Sub-No. 125), MC-42261 (Sub-No. 70), MC-52460 (Sub-No. 66), MC-76032 (Sub-No. 171), MC-102616 (Sub-No. 705), MC-107403 (Sub-No. 412), MC-107496 (Sub-No. 246), MC-107544 (Sub-No. 51), MC-109397 (Sub-No. 61), MC-109637 (Sub-No. 206), MC-110698 (Sub-No. 219), MC-110525 (Sub-No. 517), MC-111159 (Sub-No. 143), MC-112497 (Sub-No. 191), MC-112617 (Sub-No. 123), MC-113410 (Sub-No. 38), MC-116077 (Sub-No. 132), and MC-119829 (Sub-No. 4), we find that applicants have failed to establish that the present or future public convenience and necessity require their proposed operations; and that their applications should be denied.

In Nos. MC-23939 (Sub-No. 142) and MC-70662 (Sub-No. 98), we find that the present and future public convenience and necessity require operation by applicants, in interstate or foreign commerce, as common carriers by motor vehicle, over irregular routes, of liquid hydrogen, liquid oxygen, and liquid nitrogen, in bulk, in tank vehicles, between points in Alabama,

Arizona, Arkansas, California, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Kansas, Michigan, Missouri, Montana, New Mexico, New York, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Vermont, Washington, and Wyoming, restricted against the transportation of shipments moving to points which are not missile storage or missile launching sites, missile test facilities, or manufacturing plants producing liquid oxygen, liquid hydrogen, or liquid nitrogen.

In No. MC-97357 (Sub-No. 10), we find that the present and future public convenience and necessity require operation by applicant, in interstate or foreign commerce, as a common carrier by motor vehicle, over irregular routes, of liquid hydrogen, liquid oxygen, and liquid nitrogen, in bulk, in tank vehicles, between points in Arizona, California, Colorado, Idaho, Montana, New Mexico, Nevada, Oregon, Utah, Washington, and Wyoming, restricted against the transportation of shipments moving to points which are not missile storage or missile launching sites, missile test facilities, or manufacturing plants producing liquid oxygen, liquid hydrogen, and liquid nitrogen. We further find that the applicants in Nos. MC-23939 (SubNo. 142), MC-70662 (Sub-No. 98), and MC-97357 (Sub-No. 10) are fit, willing, and able properly to perform such service and to conform to the requirements of the Interstate Commerce Act and our rules and regulations thereunder; that appropriate certificates authorizing such operations should be granted subject to the condition that they shall be limited in point of time to a period expiring 5 years from the effective date thereof; and that in all other respects the applications in these proceedings should be denied.

Upon compliance by applicants in Nos. MC-23939 (Sub-No. 142), MC-70662 (Sub-No. 98), and MC-97357 (Sub-No. 10) with the requirements of sections 215, 217, and 221(c) of the act, and with our rules and regulations thereunder, within the time specified in the order entered concurrently herein, appropriate certificates will be issued.

An appropriate order will be entered.

COMMISSIONER HERR ING, dissenting in part:

I cannot agree with the majority that only applicants Asbury, Cantlay & Tanzola, and Allyn, all of Los Angeles, Calif., should be granted authority, and to deny the request of the 18 other