The statement of facts, conclusions, and findings of the examiner follow:

By separate applications, No. MC-116077 (Sub-No. 125) filed March 16, 1962, by Robertson Tank Lines, Inc., of Houston, Tex., and No. MC-112497 (Sub-No. 184) filed March 30, 1962, by Hearin Tank Lines, Inc., of Baton Rouge, La., each as amended at the hearing, each of the applicants seeks a certificate of public convenience and necessity authorizing operation, in interstate or foreign commerce, as a common carrier by motor vehicle, over irregular routes, of acids and chemicals, in bulk, from points in Calcasieu Parish, La., to points in Alabama, Arkansas, Florida, Georgia, Mississippi, Oklahoma, Tennessee (except Kingsport), and Texas; restricted against (a)paints, paint materials, and resins to Garland, Tex., (b) new catalyst, in covered hopper vehicles, to points in Arkansas, Oklahoma, and Texas, (c) spent catalyst, in covered hopper vehicles, to points in Arkansas and Oklahoma, (d) soda ash, in hopper-type vehicles, to the plant site of Jefferson Chemical Company, Inc., at Port Neches, Tex., (e) barite ore, in tank or hopper-type vehicles, to points in Texas, (f) liquefied petroleum gas to points in Alabama, and (g) nitric acid to points in Texas within 350 miles of Lake Charles, La., and, further, subject to the further restriction that applicant shall not tack or join the authority herein granted with any of its other authority for the purpose of performing a through movement other than that authorized herein.

Each of the applications was referred to the examiner for hearing and the recommendation of an appropriate order thereon. Hearing was held on a consolidated record, on July 19 and 20, 1962, at New Orleans, La. Prior to hearing, Commercial Oil Transport, Inc., filed a protest in the two proceedings, but it did not appear at the hearing. At the hearing, three motor carrier protestants appeared, namely Younger Brothers, Inc., Earl Clarence Gibbon (doing business as Earl Gibbon Petroleum Transport), and Ryder Tank Line, opposing both applications; but Ryder withdrew its opposition to the applications following an amendment of each to its present (and identical) form, before the presentation of any evidence. Also, numerous rail protestants appeared at the hearing in opposition to the granting of either of the applications.2

2 Rail protestants appearing in both of the proceedings, were: The Gulf, Mobile and Ohio Railroad Company, the Kansas City Southern Louisiana and Arkansas Railroad Company, the Louisville and Nashville Railroad Company, Southern Railway Company, Atlantic Coast Line Railroad Company, Illinois Central Railroad, and the Texas Railroad Association and 12 named members thereof, namely, the Chicago, Rock Island and Pacific Railroad Company, the Gulf, Colorado and Santa Fe Railway Company, the Panhandle and Santa Fe Railway Company, Missouri Pacific Railroad Company, the MissouriKansas-Texas Railroad Company, and the same company of Texas, the Kansas City Southern Railway Company, the Louisiana & Arkansas Railway Company, Texas and Pacific Railway Company, Southern Pacific Company, St. Louis Southwestern Railway Lines, and the Fort Worth and Denver Railway Company (which 12 include some duplication of the others). Also appearing in the Robertson proceeding were Class I Rail Carriers in South western Territory, whose members include the Texas Railroad Association carriers already named, and other rail carriers including the Atchison, Topeka and Santa Fe Railway Company and the St. Louis-San Francisco Railway Company.

Generally, each of the two separate applicants, Robertson and Hearin, is a multiple-State irregular-route motor common carrier of specified commodities in bulk, including both generally described and specifically named petroleum products, acids, and chemicals, variously from and to or between described points, and with operations extending into numerous States, including in Louisiana and the eight destination States involved herein. The evidence of record herein, including that hereinafter discussed, shows that each applicant in serving the public serves, in varying respects, the supporting shipper herein, Pittsburgh Plate Glass Company, hereinafter sometimes called PPGC or the shipper, from its pertinent plant near Lake Charles, Calcasieu Parish, La.; that the shipper requested the filing of the considered applications, and will use both applicants; and, that each spplicant has appropriate facilities and equipment and trained personnel for handling the involved commodities, has a comprehensive driver-selection and training, maintenance, and safety program, and is fit and able financially and otherwise to conduct the proposed operations.

Applicant Robertson. - Applicant Robertson's operating authority, in No. MC116077 and various subnumbers thereof, in small part includes the following; (1) In its Sub-No. 47, liquid sulphur, in bulk, between points in Louisiana, on the one hand, and, on the other, points in Texas on and east of a described line (extending north-south via Paris, Sulphur Springs, Athens, Palestine, Crockett, Huntsville, Conroe, Houston, and Galveston, Tex.), delineating a large eastern area of Texas, restricted against bulk tank-vehicle service from Stark, La., to Evadale, Tex., or points within 5 miles of either; (2) in Sub-No. 48, wood chips, sawdust, wood flour, shavings, or certain waste or pulp, between points in Louisiana and points in the just-mentioned eastern area of Texas; (3) in Sub-No. 54, acids, chemicals, petroleum, and petroleum products, in bulk, from Lake Charles, La., and points within 10 miles thereof, to points in Texas on, west, and south of a described line (extending generally northsouth via such points as Bowie, Jacksboro, Caddo, Ranger, Rising Star, Brownwood, Kerrville, Hondo, Charlotte, Freer, Alice, Kingsville, Raymondville, and Port Mansfield), delineating a large western area of Texas, restricted (a) against liquid dairy wax from a Cit-Con plant site near Lake Charles, (b) against anhydrous ammonia and caustic soda from Lake Charles, La., and (c) against service to certain Texas points including those on U. S. Highways 90 and 80 between Hondo and El Paso including those two points; (4) in Sub-No. 77, dry chemicals, in bulk, between Houston, Tex., and points within 50 miles thereof, on the one hand, and, on the other, all points in the United States except those in New York, Pennsylvania, West Virginia, and the States north and east thereof, including the District of Columbia, and except points in Alaska and Hawaii, with certain restrictions (as pertinent here) including (a) against tacking to other authority for the performance of through service, (b) against service in the transportation of sulphur, salt, or carbon black, and (c) against service for the transportation (among other) of spent catalyst to or from points in Arkansas, Louisiana, and Oklahoma, or of new catalyst from West Lake Charles, La., to points in Texas; and (5) in Sub-No. 117, titanium tetrachloride, in bulk, in tank vehicles, from Lake Charles, La., to points in Texas. Its more recent authority also includes, in its Sub-No. 114 (certificate August 30, 1962), petroleum refinery treating waste, in bulk, in tank vehicles, from Lake Charles, La., and points within 10 miles thereof,

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to Evadale, Tex.; its Sub-No. 107 (certificate November 8, 1962), chlorine, in bulk, in tank vehicles, from Lake Charles, to Port Neches and Evadale, Tex.; and in its Sub-No. 127 (certificate November 8, 1962), isopropyl percarbonate, unstabalized, from Lake Charles and points within 5 miles thereof, to points in Texas. By order of March 7, 1963, in No. MC-116077 (Sub-No. 143-TA), Robertson was granted temporary authority to transport sodium chlorate crystals, in bulk, in specialized equipment, from Lake Charles, La., to Evadale, Tex.; which authority is related to the pendency of the instant application. Robertson recognizes that some of the foregoing authority is duplicative of authority sought in its application herein, but it does not desire to obtain duplicate authority.

Applicant Robertson's headquarters at Houston includes complete office, 24-hour dispatch, maintenance, and shop and tank-cleaning and other terminal facilities, including telephone and Western Union communication with other terminals, and it has 10 other terminals in Texas, and terminals at Norco (near New Orleans), New Iberia, and Lake Charles, La. It has employees and equipment stationed at each terminal; and its Lake Charles terminal, with 24-hour dispatch and otherwise similar to facilities at Houston, would primarily be used in serving from the here-involved origin area of Calcasieu Parish wherein it is located, with equipment also being drawn from Houston or otherwise when and if necessary.

Robertson operates about 325 tractors, including about 32 with sleeper cabs for 2-driver through operations, and about 375 trailers, all of which excepting a few tractors are owned by it. Its trailers include about 28 open-top vans; 76 asphalt tanks, not usually but sometimes cleaned and used also for acids and chemicals; 133 all-purpose tanks, many of stainless steel or aluminum and with 3 or more compartments; 23 pressure-type tanks, including for use for liquefied petroleum gas (LPG) or anhydrous ammonia (AA); 49 miscellaneous tanks, including 15 used for sulphur only, and otherwise including stainless steel, rubber-lined and other tanks for various particular or general acids and chemicals, some with compartments; and 4 dump trailers, and 50 various van, flat-bed, augur, or pneumatic unloading trailers for so-called dry-bulk, the pneumatics being of tank-type and capable of unloading up to 125-foot heights, and also including several for handling both dry and liquid commodities in combination. Robertson's balance sheet as of May 31, 1962, shows total assets of $1,619,126, and, among other things, reflects current assets in excess of current liabilities, and earned surplus of $268,788. It has operated at a profit for the last several years; and for the 5 months ended May 31, 1962, its gross revenue (from transportation $2,594,252 and insurance refund $119,197) was $2,713,449, and its net profit was $96,527.

Generally, Robertson operates daily out of Lake Charles; it has performed some service for the supporting shipper, PPGC, from the latter's plant near there, but at the time of hearing had transported no acids and chemicals for the shipper therefrom to western Texas under its Sub-No. 54 authority; from Lake Charles or other points in Calcasieu Parish to the involved destination States, it proposes to offer said shipper or others a call-and-damand service, with sleeper cabs and two drivers on long hauls, and average 100 miles every 3 hours' driving time, and to afford daily round-the-clock service, dropoffs in transit, and split deliveries; and it desires a grant of authority covering, and proposes to transport, "acids and chemicals, in bulk," without further

limitation as to commodity item or type of vehicle (tank or otherwise). It avers that some of its present certificates now include such unlimited authority, and that such is necessary here, in order to enable service on both dry as well as liquid commodities, and on various acid and/or chemical items some of which are under development or are difficult to distinguish, and in order to serve the public on all such items tendered by various refineries and plants. Applicant Hearin.-Applicant Hearin's operating authority in No. MC-112497 and various subnumbers thereof, in small part includes the following: (1) In its Sub-No. 8, (a) anhydrous ammonia, in bulk, in tank vehicles, from Lake Charles, La., to points in Alabama, Arkansas, Florida, Georgia, Mississippi, Missouri, South Carolina, and Texas (except Baytown, Tex.), and (b) liquid caustic soda, in bulk, in tank vehicles, from Lake Charles, to the same destinations excepting South Carolina; and (2) in its Sub-No. 107, wood preservatives (except those derived from petroleum), in bulk, in tank vehicles, from Lake Charles, La., to points in Arkansas. It has substantial other authority from or to points or States involved herein. It earlier had certain emergency temporary authority, and, by order of July 24, 1962, in No. MC112497 (Sub-No. 190-TA), Hearin was granted temporary authority, which has been extended pending final determination of the instant application, to transport perchloroethylene, in bulk, in tank vehicles, from Lake Charles, La., to Irving, Tex. Hearin recognizes that some of the foregoing authority is duplicative of authority sought in its application herein, but (like applicant Robertson) it does not desire to obtain duplicate authority.

Applicant Hearin has its headquarters terminal at Baton Rouge, and other terminals at Lake Charles and four other points in Louisiana, and at three points including Mobile in Alabama, and at Houston, Tex. It has personnel including drivers, and equipment, stationed at all terminals; and at Baton Rouge and Lake Charles terminals, more pertinent herein, it has full office, 24-hour operation, dispatch, maintenance and shop, tank-cleaning, and driver facilities. Its Lake Charles terminal, located about 21/2 miles from the supporting shipper's plant location, both locations being within the Lake Charles commercial zone, was established some 12 or more years ago, and handles both petroleum and chemical products, and, revenue-wise compared with equipment, handles about 40 percent petroleum products and about 60 percent chemical products, the latter largely for the supporting shipper, PPGC, whom it serves substantially and almost daily under its above-mentioned caustic soda or other authority. When and if necessary, supplemental equipment would be transferred from Baton Rouge or other terminals to Lake Charles, for service under the authority from Calcasieu Parish (including Lake Charles) under the authority herein sought.

Hearin operates about 158 owned tractors, and usually has about 25 or more additional in operation under long-term lease from owner-drivers, and it operates about 183 owned trailers, mostly tanks. Its tractors include 14 or more with sleeper cabs for 2-driver through operations, and at the time of hearing it had on order about 40 more equipped with sleeper cabs. Its trailers include 32 for asphalt, 4 pressure tanks, 1 insulated tank for wax, and 5 caustic and 10 caustic and acid tanks, some of the latter with rubber lining, and all of those just-mentioned usually are confined to the indicated type of commodity, but some may be cleaned and used otherwise for acids and chemicals. Its remaining trailers include 9 tanks for sulphur; 7 lined and

89 insulated or other general-purpose tanks, 9 insulated or other stainless steel general-purpose tanks, and 3 lined and 8 other tanks for acids, many having several compartments; and 1 pressure-differential dry-bulk tank. It avers that it has or is willing to provide appropriate equipment for both liquid and dry acids and chemicals in bulk. Hearin's balance sheet as of May 31, 1962, shows total assets of $2,082,326, and, among other things reflects current assets in excess of current liabilities, and paid-in surplus $44,303 and earned surplus $225,697. In 1961 it operated at a profit, with an operating ratio of about 96; and for the 5 months ended May 31, 1962, its operating revenue was $1,783,081, and noncarrier income $42,186, and its net income was $113,035.

Generally, Hearin operates daily out of Lake Charles, including (as indicated) in movements for shipper PPGC from its plant near there of liquid caustic soda and (under temporary authority) of perchloroethylene. It proposes under the authority sought by it herein to continue and broaden its service to that shipper, and to serve the public generally, from Lake Charles or other points in Calcasieu Parish (La.) to the involved destination States, affording as required call-and-demand service, including with compartmented tanks, split deliveries, sleeper cabs with two drivers where appropriate and averaging about 100 miles every 3 hours' driving time. Hearin desires a grant of authority covering, and proposes to transport, "acids and chemicals, in bulk," without further limitation, and including both dry and liquid commodities, for substantially the same reasons earlier mentioned herein and advocated by Robertson, and it avers that such authority is necessary and the supporting shipper requested that it be sought accordingly.

SHIPPER SUPPORT

The two applications considered herein are supported by the shipper, Pittsburgh Plate Glass Company. It has been in business for many years, has plants throughout the country, and produces and distributes on a nationwide basis a wide variety of products, including industrial chemicals generally for use by other industries by including a few end-products. It has a large and active research organization, including staffs at major plants constantly working on present and future improvement, development, and production of existing and new and different chemicals, and has an active sales force including in the States herein involved. As pertinent here, the shipper has in the origin area a large industrial chemical plant located about 2 or 2 1/2 miles west of the city limits of Lake Charles, between Lake Charles and West Lake Charles, all in Calcasieu Parish, La., where it now and in the future expects to produce and ship therefrom chemicals and acids as hereinafter indicated; and where it receives the same or similar commodities from other of its chemical plants and stores them, and subsequently ships them outbound from the Lake Charles plant, including to the destination States involved herein. Its indicated other chemical plants include those at Jersey City, N. Y., Barberton, Ohio, Natrium, W. Va., Pensacola, Fla., and Corpus Christi, Tex.

Generally, the shipper's Lake Charles plant was taken over and placed in operation by it following World War II, and at the time of hearing herein its production amounted to several hundred tons of chemicals a day. Up until about 1960 its production there was principally confined to chlorine and to