The bridge was repaired in 1960 and there is no evidence that further repair or the construction of a new bridge is contemplated. A sign at the junction of Kentucky Highway 101 and U. S. Highway 31W advises that heavy trucks be detoured to Kentucky Highway 259. This is the route which applicant has sought to serve in its petition to amend the application. The two routes are substantially similar, as the detour route does not diverge from that originally proposed by applicant for a distance of more than about 5 miles. It does not appear that there are any service points of consequence on the detour route, and the public witnesses did not adduce any evidence of need for service at points on Kentucky Highway 101 which are avoided by the detour. In view thereof, and considering the strong demand for serving points not now served by any bus carrier, we believe that applicant should be authorized to operate over the route which it has sought to serve in its proposed amendment to the application. This route does not differ in any material respect from that initially sought, and a grant of authority will permit applicant to provide the service which has been shown to be required on this record. We conclude that applicant should be granted the authority described in our findings. Applicant is presently authorized to transport class D poisons for the Atomic Energy Commission as a contract carrier. As this authority is completely unrelated to that authorized herein, there is no opportunity for the discriminatory practices which section 210 of the Interstate Commerce Act is designed to prevent. Further, applicant's permit is limited to transportation for the United States Government. See Salt Lake Transfer Co. Common Carrier Application, 12 M.C.C. 43, 48. Approval of dual operations at this time, however, should not be construed as any waiver of our right to reconsider this issue at a future date. The certificate authorized to be issued herein will be subject to a condition which will reserve jurisdiction in this matter. We find, on reconsideration, 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 of passengers and their baggage, and of express and newspapers, in the same vehicle with passengers, between Scottsville, Ky., and Leitchfield, Ky., from Scottsville over Kentucky Although this section deals with the holding of both a permit and a certificate authorizing operation in the transportation of property by motor vehicle, the service authorized herein includes the transportation of baggage, express and newspapers, in the same vehicle with passengers. Highway 101 to its junction with U. S. Highway 31W, thence over U. S. Highway 31W to its junction with Kentucky Highway 259, thence over Kentucky Highway 259 to Leitchfield, and return over the same route, serving all intermediate points; that applicant is 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 a certificate authorizing such operation should be granted; and that the application in all other respects should be denied. We further find that the holding by applicant of the authority granted herein and of its presently authorized permit in No. MC-113738 (Sub-No. 1) will be consistent with the public interest and the national transportation policy, subject to the right of the Commission, which is hereby expressly reserved, to impose such terms, conditions, or limitations in the future as it may find necessary in order to insure that applicant's operations conform to the provisions of section 210 of the act. Upon compliance by applicant with the provisions 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, an appropriate certificate will be issued. An appropriate order will be entered. COMMISSIONER BROWN did not participate. 95 M.C.C. No. MC-124904 GIBNEY DISTRIBUTORS, INC., COMMON CARRIER Decided August 31, 1964 Public convenience and necessity found to require operation by applicant as a common carrier by motor vehicle, over irregular routes, of camp baggage between points in Fairfield County, Conn., and points in New Jersey, on the one hand, and, on the other, points in New York. Issuance of a certificate approved upon compliance by applicant with certain conditions, and application in all other respects denied. Arthur J. Piken for applicant. A. David Millner, Edward F. Bowes, Norman Weiss, Edward M. Alfano, Kenneth B. Williams, and Francis E. Barrett for protes tants. Morton B. Margulies, Ellis V. Gregory, Seymour Glanzer, and Marvin Brave for the Bureau of Inquiry and Compliance, Interstate Commerce Commission, intervener in opposition to the application. REPORT OF THE COMMISSION DIVISION 1, COMMISSIONERS HUTCHINSON, BUSH, AND BROWN BUSH, Commissioner: Exceptions to the order recommended by the examiner were filed by applicant and protestants replied. By petition filed May 27, 1964, the Bureau of Inquiry and Compliance, hereinafter called the Bureau, seeks waiver of rule 1.23(b) of the General Rules of Practice before the Commission, and leave to file a reply to applicant's exceptions. It appears that the Bureau was not served with a copy of applicant's exceptions until after the due date for filing a reply thereto had expired. In view thereof, and good cause appearing therefor, rule 1.23(b) is hereby waived and the Bureau's late-tendered reply is hereby accepted for filing. Our conclusions differ from those recommended. 95 M.C.C. By application filed November 8, 1962, as amended, Gibney Distributors, Inc., of Bronx, N. Y., 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 camp baggage, in seasonal operations between June 15 and September 15, inclusive, between New York, N. Y., points in Nassau, Suffolk, Westchester, Putnam, and Rockland Counties, N. Y., Fairfield County, Conn., and points in New Jersey, on the one hand, and, on the other, points in New York, and Columbia Bridge, N. H. The application is opposed by Miro's Express and Van Lines, Inc., and S & J Camp Service, Inc., hereinafter called Miro and S & J. The Bureau intervened in opposition to the application on the issue of applicant's fitness. The examiner recommended that the application be denied. On exceptions applicant contends that the existing carriers cannot adequately serve the hundreds of camps within the considered destination territory, and that, therefore, its proposed service is required. In regard to the question of its fitness to conduct the proposed operation, applicant states that the filing of the instant application indicates its intention to comply with the Commission's rules and regulations in the future. It argues that a grant of the instant application will help eliminate the illegal operations which are rampant throughout the considered territory. In separately filed replies, protestants, generally, contend that applicant has failed to sustain its burden of proving a need for the proposed service or that it is fit to render such service; and that the examiner's recommendations are amply supported by the evidence of record and should be adopted by the Commission. The Bureau replies that in view of the uncontroverted evidence of applicant's willful and contumacious operations, the authority sought should be denied regardless of whether or not there is a public need for the proposed service. The evidence, the examiner's recommendations, the exceptions and the replies thereto have been considered. We find the examiner's statement of facts to be correct in all material respects; and as hereinafter supplemented, we adopt that statement as our own. Applicant, which holds no authority from this Commission, is engaged in the intrastate transportation of personal effects in trunks, bags, suitcases, footlockers, duffel bags, or other similar containers within the State of New York. As pertinent, it picks up children's camp baggage in the Metropolitan New York area, assembles it at its warehouse in the Bronx, and delivers it to numerous camps situated in northern New York State. The baggage, upon arrival at some camps, is delivered to one central area, at others, it is delivered to the campers' individual bunks. On return, baggage is transported to the shipper's Bronx warehouse and then distributed to each individual camper's home. Promptness of delivery and reliability of the carrier are important factors, inasmuch as delay or loss of baggage can cause great inconvenience to the child and be detrimental to the camp. Applicant has handled baggage for approximately 60,000 campers with no complaints as to late pickup or delivery. Some of this traffic, however, was handled without appropriate authority. In June 1961, applicant obtained temporary authority to serve certain camps in New York from described points in New Jersey. This temporary authority was never renewed, and the return movement of campers' baggage in September 1961 was performed by applicant without proper authorization. Applicant has ceased its unlawful operations and indicates its willingness to comply with all the Commission's regulations in the future. It operates equipment suitable for the proposed operation, and is fit, financially and otherwise, to render the proposed service. The application is supported by nine children's camps situated in upper New York State. Camp Woodstock, in Albany County, and Camp Star Lake, in Franklin County, do not solicit campers from either New Jersey or Connecticut, and do not require the interstate transportation of baggage. Camp North Wood, Camp Ticonderoga, and Camp Exton, situated in Herkimer, Washington, and Dutchess Counties, respectively, solicit and receive campers from New Jersey. The latter named camp, which can accommodate 130 children, had 10 campers from New Jersey during the 1962 season. In the same season, approximately 20 percent of the children attending Camp Ticonderoga came from points in New Jersey. Camp Barrington and Camp Rhoda, in Columbia County, obtain approximately 15 percent of their campers from points in both New Jersey and Connecticut. Camp Baco and Camp Chenawah, in Essex County, also attract campers from both New Jersey and Connecticut, however, the percentage of children coming from these two States is not known. The supporting camps require a fast, efficient, and reliable transportation service, inasmuch as failure of a carrier to make prompt pickup and delivery can cause great inconvenience to the child, create ill will between the camp and the parents of the child, and result in a loss of attendance the next season. Seven camps |