APPENDIX A

Mollerup Van Lines, Salt Lake City, Utah, filed December 30, 1960. Between points in Alaska, on the one hand, and, on the other, points in Utah, Arizona, California, Colorado, Idaho, Montana, Nevada, Oregon, Washington, and Wyoming.

Aero Mayflower Transit Company, Inc., Indianapolis, Ind., filed December 28, 1960. Between points in Alaska; and between points in Alaska, on the one hand, and, on the other, points in the United States.

American Red Ball Transit Company, Inc., Indianapolis, Ind., filed December 16, 1960. Between points in Alaska; and between points in Alaska, on the one hand, and, on the other, points in the United States except those in Alaska, Nevada, Utah, Idaho, North Dakota, Montana, Oregon, and Washington.

Security Van Lines, Inc., Kenner, La., filed December 30, 1960. Between points in Alaska, on the one hand, and, on the other, points in the continental United States.

Allied Van Lines, Inc., Broadview, Ill., filed December 25, 1960. Same as shown for Aero Mayflower, above.

Trans-American Van Service, Inc., Chicago, Ill., filed December 30, 1960. Between points in Alaska; between points in Alaska, on the one hand, and, on the other, points in the United States except those in Alaska, Oregon, Idaho, California, Nevada, Utah, Arizona, and New Mexico; and between Seattle, Wash., and points within 50 miles thereof, on the one hand, and, on the other, points in the United States except those in Oregon, Idaho, California, Nevada, Utah, Arizona, and New Mexico. Note: This carrier also seeks authority for the transportation of pianos, typewriters, and self-propelled passenger or property carrying vehicles, between points in Alaska, and between points in Alaska, on the one hand, and, on the other, points in the United States.

Andrews Van Lines, Inc., Norfolk, Nebr., substituted as applicant at the hearing, in lieu of Albert Roy Andrews, doing business as Andrews Van Lines, filed December 29, 1960. Between points in Alaska; and between points in Alaska, on the one hand, and, on the other, points in Colorado, Delaware, the District of Columbia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland, Michigan, Minnesota, Missouri, Montana, Nebraska, New Jersey, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, Washington, Wisconsin, and Wyoming. U. S. Van Lines, Inc., South Bend, Ind., filed December 30, 1960. Same as shown for Aero Mayflower, above.

Richardson Transfer and Storage Co., Inc., Salina, Kans., filed December 30, 1960. Between points in Alaska; and between points in Alaska, on the one hand, and, on the other, points in the continental United States.

Global Van Lines, Inc., South San Gabriel, Calif., filed December 27, 1960. Between points in Alaska; and between points in Alaska, on the one hand, and, on the other, points in the United States except those in Arizona, Iowa, Maine, Minnesota, North Dakota, South Dakota, and Wyoming. Note: No authority sought for overland transporation between areas described immediately above. National Van Lines, Inc., Broadview, Ill., filed December 29, 1960. Same as shown for Aero Mayflower, above.

Bekins Van Lines Co., Hillside, Ill., filed December 30, 1960. Between points in Alaska, on the one hand, and, on the other, points in the United States. United Van Lines, Inc., Maplewood, Mo., filed December 15, 1960. Between points in Alaska; and between points in the United States and Alaska.

King Van Lines, Inc., Wichita, Kans., filed December 21, 1960. Between points in Alaska; and between points in Alaska, on the one hand, and, on the other, points in the United States except Hawaii.

North American Van Lines, Inc., Fort Wayne, Ind., filed December 29, 1960. Same as shown for Aero Mayflower, above.

Dean Van Lines, Inc., Long Beach, Calif., filed December 30, 1960. Between points in Alaska, on the one hand, and, on the other, points in the United States. Note: No authority sought for overland transportation between the areas indicated.

Republic Van and Storage Co., Inc., Los Angeles, Calif., filed December 30, 1960. Same as shown for Aero Mayflower, above. Note: No authority sought for overland transportation between points in Alaska, on the one hand, and, on the other, points in the United States.

Martin Van Lines, Inc., Seattle, Wash., filed December 30, 1960. Between points in Alaska; and between points in Alaska, on the one hand, and, on the other, points in Montana, Wyoming, Colorado, Idaho, Utah, Oregon, Washington, Minnesota, South Dakota, North Dakota, California, and Nevada.

Express Van Lines, Inc., Los Angeles, Calif., filed December 30, 1960. Between points in Alaska, on the one hand, and, on the other, points in California, Oregon, Washington, and that part of Idaho on and west of U. S. Highway 93 and on and south of U. S. Highway 30.

APPENDIX B

Pertinent statutes (emphasis supplied)

Section 206(a)(4) of the Interstate Commerce Act:

66✶ ✶ * any common carrier by motor vehicle which, on the date this paragraph takes effect, is the holder of a certificate or certificates described in paragraph (2) of this subsection or issued under paragraph (3) of this subsection or section 207(a), authorizing transportation by motor vehicle between places in the United States of passengers or property in commerce between the United States and the Territory of Alaska, andon August 26, 1958, it or its predecessor in interest was engaged in the transportation of passengers or property as a common carrier by motor vehicle between places in the United States and places in Alaska, and such operations have been continued since that time *** except *** as to interruptions of service over which the carrier or its predecessor in interest had no control, shall be issued a certificate authorizing transportation to or from the points or areas in Alaska served by it, from or to all points in the other States of the United States designated in the abovementioned certificate or certificates held by the carrier, of passengers or the class or classes of commodities specified therein, to the extent that under the said certificate or certificates the carrier, prior to the date of admission of Alaska into the Union, was authorized to perform within the States all trans portation required for through motor vehicle transportation by the carrier to or from places in the Territory of Alaska, without requiring

further proof that public convenience and necessity will be served thereby and without further proceedings, if application for such certificate is made to the Commission as provided herein on or before December 31, 1960. ***.” Section 206(a)(5):

***** if any person (or his predecessor in interest) was in operation on August 26, 1958, over any route or routes, or in any area or areas, as a common carrier engaged in the transportation in interstate or foreign commerce of passengers or property by motor vehicle between places in the Territory of Alaska, and has so operated in Alaska since that time * * *, except * * * as to interruptions of service over which such person or his predecessor in interest had no control, a certificate shall be issued authorizing such operations without requiring further proof that public convenience and necessity will be served thereby, and without further proceeding, if application for such certificate is made as provided herein on or before December 31, 1960: ** *.”

95 M.C.C.

No. MC-110525 (SUB-NO. 601)1

CHEMICAL LEAMAN TANK LINES, INC., EXTENSION-
TOLUENE DI ISOCYANATE

Decided June 11, 1964

In each proceeding, public convenience and necessity found to require operation by applicant as a common carrier by motor vehicle, over irregular routes, of toluene di isocyanate, in bulk, in tank vehicles, from and to certain points. Issuance of certificates approved upon compliance by applicants with certain conditions.

Leonard A. Jaskiewicz and Ronald N. Cobert for applicant in No. MC-110525 (Sub-No. 601).

V. Baker Smith for applicant in No. MC-107403 (Sub-No. 510). Edwin C. Reminger for applicant in No. MC-106223 (Sub-No. 65). Arnold L. Burke for applicant in No. MC-64932 (Sub-No. 335). Richard A. Bishop, Harold G. Hernly, Jr., and Harold G. Hernly for protestant.

REPORT OF THE COMMISSION

OPERATING RIGHTS REVIEW BOARD NUMBER 1, MEMBERS GAFFNEY, MILLS, AND SHOUP

BY THE BOARD:

These four applications were heard on a consolidated record, were the subject of a single report and recommended order of an examiner, involve related issues, and will be disposed of here in a single report. Exceptions to the order recommended by the examiner were filed by the protestant, Coastal Tank Lines, Inc., hereinafter called Coastal, and each applicant replied separately. 'This report also embraces Nos. MC-107403 (Sub-No. 510), E. Brooke Mat

lack, Inc., Extension-Toluene di Isocyanate, now retitled Matlack, Inc., Extension-Toluene di Isocyanate, MC-106223 (Sub-No. 65), Greenleaf Motor Express, Inc., Extension-Toluene di Isocyanate, and MC-64932 (Sub-No. 335), Rogers Cartage Co., Extension-Toluene di Isocyanate. Subsequent to the hearing the name of E. Brooke Matlack, Inc., was changed to Matlack, Inc. 95 M.C.C.

Our conclusions differ slightly from those recommended in No. MC-107403 (Sub-No. 510).

By separate applications, as amended, filed September 17, 1963, by Chemical Leaman Tank Lines, Inc., of Downingtown, Pa., October 30, 1963, by Matlack, Inc., of Philadelphia, Pa., November 20, 1963, by Greenleaf Motor Express, Inc., of Ashtabula, Ohio, and November 20, 1963, by Rogers Cartage Co., of Chicago, Ill., applicants seek certificates of public convenience and necessity authorizing operations, in interstate or foreign commerce, as common carriers by motor vehicle, over irregular routes, of toluene di isocyanate, in bulk, in tank vehicles, from Ashtabula, Ohio, to the points shown in our findings.

The examiner recommended that each application be granted.2 He found that Coastal had no significant authority to handle this traffic; and that there is a need for the services of at least four carriers. In its exceptions, Coastal contends that it is authorized to transport petroleum products as described in appendix XIII to the report in Descriptions in Motor Carrier Certificates, 61 M.C.C. 209, in bulk, in tank vehicles, from Ashtabula to New York, N. Y., points in Maryland, Delaware, Massachusetts, Connecticut, and those in parts of New Jersey and Virginia; that the examiner erred in finding that the involved commodity is not a petroleum product; and that the applications should be reevaluated in the light of Coastal's pertinent authority. In reply applicants collectively maintain that Coastal's arguments are without merit.

The evidence, the recommendations of the examiner, the exceptions, and the replies have been considered. We find the statement of facts in the examiner's report to be correct and adequate in all material respects and we adopt such statement

as our own.

DISCUSSION AND CONCLUSIONS

The only issue which needs to be considered here is that raised by Coastal pertaining to its commodity authorization. It suffices to point out, as did the examiner, that toluene di isocyanate is not listed in appendix XIII to the report in the Descriptions case. As

2 The examiner excluded Marion, Ind., from his recommended grant to Matlack, Inc., because the carrier is now authorized to serve that point. We will include Marion but the grant of any duplicating authority will be considered as conferring but a single operating right. Also, in connection with this same application, the State of Kentucky was omitted, apparently inadvertently, from the examiner's findings.