These shipments consisted of a wide variety of commodities and ranged in weight from 10 to 28,566 pounds, with the great majority being in the lowweight bracket (under 500 pounds).

Since the critical date the operations in this category are shown to have followed the same general pattern, with a number of additional inland points shown to have been served, particularly since 1959. The examiner concludes that on and continuously since August 26, 1958, applicant was and has been engaged in operation as a common carrier by motor vehicle of general commodities, except as indicated above, between Seward and Valdez, on the one hand, and, on the other, points in Alaska except those in Southeastern Alaska; and that a certificate authorizing continuance of such operations should be granted.

Additional discussion and findings. - The Alaskan points shown to have been served on and since the critical date represent most of the principal points accessible by highway from the ports of Seward and Valdez and from the Alcan Highway. They are not, by any means, representative of the entire territory embraced in the new State, even excluding that portion thereof situated in southeastern Alaska (below Yakutat Bay). In the circumstances here presented, however, and in view of the announced intention of Congress and the Commission concerning the administration of the "grandfather" clauses here considered, the examiner is of the opinion that the authority herein granted should extend to all points in the new State other than those in the southeastern portion.

Upon consideration of all evidence of record, the examiner finds that on and continuously since August 26, 1958, applicant was and has been in operation, in interstate or foreign commerce, as a common carrier by motor vehicle of general commodities, except those of unusual value, class A and class B explosives as defined by the Commission, commodities in bulk, and commodities requiring special equipment, between Seattle, Wash., and Seward and Valdez, Alaska, on the one hand, and, on the other, points in Alaska except those south of Yakutat Bay, that a certificate of public convenience and necessity authorizing continuance of such operations should be granted; and that in all other respects the application should be denied.

95 M.C.C.

No. MC-1501 (SUB-NO. 270)1

THE GREYHOUND CORPORATION EXTENSION-CAMDEN (CHICAGO, ILL.)

Issuance of a certificate of public convenience and necessity authorizing described operations as a common carrier by motor vehicle approved upon compliance by applicant with certain conditions.

DECISION AND ORDER

At a Session of the INTERSTATE COMMERCE COMMISSION, Division 1, Commissioners Hutchinson, Webb, and Bush, held at its office in Washington, D. C., on the 26th day of May A. D. 1964.

Upon consideration of the application and the record in the above-entitled proceeding, including the report and recommended order of the joint board, the exceptions thereto filed by Safeway Trails, Inc., protestant, and the reply to the exceptions filed by applicant, and

It appearing, That the exceptions and reply raise no new or material matters of fact or law not adequately considered and properly disposed of by the joint board in its report, and are not of such nature as to require the issuance of a report by division 1 discussing the evidence in the light of such pleadings;

It further appearing, That the joint board recommended the issuance to applicant of a certificate of public convenience and necessity authorizing the operation described in the appendix hereto;

Wherefore, and good cause appearing therefor:

We find, That the evidence considered in the light of the exceptions and the reply thereto does not warrant a result different from that reached by the joint board and that the statement of facts, the conclusions, and the findings of the joint board, being proper and correct in all material respects, should be, and they are hereby, affirmed and adopted as our own; and

It is ordered, That upon compliance by applicant with the requirements of sections 215, 217, and 221(c) of the Interstate Commerce Act, and with our rules and regulations thereunder,

Renumbered and reentitled No. MC-1515 (Sub-No. 34), Greyhound Lines, Inc., Extension-Camden.

within the time specified in the next succeeding paragraph herein, an appropriate certificate will be issued.

And it is further ordered, That unless compliance is made by applicant with the requirements of sections 215, 217, and 221(c) of the Interstate Commerce Act within 90 days after the date of service hereof, or within such additional time as may be authorized by the Commission, the grant of authority made herein shall be considered as null and void and the application shall stand denied in its entirety effective upon the expiration of the said compliance time.

APPENDIX

Service authorized:

Operation by applicant in interstate or foreign commerce, as a common carrier by motor vehicle, of passengers and their baggage, express, and newspapers, in the same vehicle with passengers, between Philadelphia, Pa., and the New Jersey Turnpike, serving all intermediate points and the interchanges, over regular routes as follows: (1) from Philadelphia over city streets and the Delaware River Bridge to Camden, N. J., thence over New Jersey Highway 38 to its junction with New Jersey Highway 73 (formerly New Jersey Highway S 41), thence over New Jersey Highway 73, via the Camden-Philadelphia Interchange, to the New Jersey Turnpike, and return over the same route; and (2) from Philadelphia, Pa., to Camden, N. J., as specified above, thence over New Jersey Highway 168 (formerly known as New Jersey Highway 42), via the Woodbury-South Camden Interchange, to the New Jersey Turnpike, and return over the same route; subject to the restrictions (1) that no traffic may be transported under this authority which originates at or is destined to Philadelphia, Pa., or New York, N. Y., and (2) that any duplication between the authority granted herein and any other authority held by applicant shall result in a single operating right only, and shall not be severable by sale or otherwise.

The statement of facts, conclusions, and findings of the joint board2 follow:

By application filed March 26, 1962, The Greyhound Corporation, hereinafter referred to as Greyhound, of Chicago, Ill., seeks a certificate of pulbic convenience and necessity authorizing operation, in interstate or foreign commerce, as a common carrier by motor vehicle, of passengers and their baggage, The State of Pennsylvania has waived its right to participate in this proceeding, as the joint board member from that State failed to appear at the hearing.

2

express, and newspapers, in the same vehicle with passengers, between Philadelphia, Pa., and the New Jersey Turnpike, serving no intermediate points nor the interchanges, except for traffic originating at or destined to points beyond Philadelphia or New York, N. Y., over regular routes as follows: (1) from Philadelphia over city streets and the Delaware River Bridge to Camden, N. J., thence over New Jersey Highway 38 to its junction with New Jersey Highway 73 (formerly New Jersey Highway S 41), thence over New Jersey Highway 73 via Camden-Philadelphia Interchange to the New Jersey Turnpike, and return over the same route; and (2) from Philadelphia to Camden, as specified above, thence over New Jersey Highway 168 (formerly known as New Jersey Highway 42), via Woodbury-South Camden Interchange to the New Jersey Turnpike, and return over the same route.

The application was referred to Joint Board No. 67 for hearing and the recommendation of an appropriate order thereon. Hearing was held on November 19, 20, and 21, 1962, and May 13, 14, and 15, 1963, at Philadelphia. Safeway Trails, Inc., hereinafter referred to as Safeway, and Trailways of New England, Inc., both members of the National Trailways System, 3 oppose the granting of the application.

After the hearing, separate briefs were filed by Greyhound and by Trailways. All contentions and issues raised therein have been carefully considered in arriving at the decision herein.

Greyhound operates as a motor common carrier of passengers, baggage, express, and newspapers from and to substantially all points in the United States. The company is divided into four operating divisions, identified as Western, Central, Southern, and Eastern Greyhound Lines, respectively. The latter division operates in the territory bounded on the west by Chicago, Ill., and St. Louis, Mo., and on the south by St. Louis, Cincinnati, Ohio, Clarksburg, W. Va., Washington, D. C., and Richmond, Va. Of pertinence herein, is that portion of Greyhound's authority set forth on sheet 14 of its Sub-No. 92 certificate which authorizes operation between Philadelphia and the New Jersey Turnpike, with no service authorized at intermediate points or the interchanges, over the same routes as are sought in the application herein, The purpose of the instant application is to modify the above authority so as to allow applicant to transport passengers, baggage, express, and newspapers from all intermediate points and the interchanges on the considered routes to points beyond Philadelphia and New York City, and return.

Greyhound presently operates about 30 daily, round trip schedules between New York City and Philadelphia, via Camden, over the proposed route. If the sought authority is granted, it intends to stop 15 of these schedules in Camden and the Camden area to pick up and discharge passengers, baggage, express, and newspapers. It intends to establish agency stations at the terminal of Public Service Coordinated Transport, hereinafter called Public Service, in Camden; at the Maple Shade Diner, which is located at the junction of New Jersey Highways 38 and 73; at a gasoline service station in the Cherry Hill

3 The National Trailways Ssytem is an association of 45 independent bus operators, who coordinate their operations to provide service from and to numerous points throughout a substantial portion of the continental United States. The term "Trailways" will hereafter refer collectively to Safeway and its connecting carriers who are members of the association.

shopping center, which is located on New Jersey Highway 38; and possibly at another gasoline service station located in a shopping center at Audubon Park, N. J.; each of which would be a scheduled stop. Greyhound has an active safety program, has adequate maintenance facilities, and operates a substantial number of air-conditioned, lavatory-equipped, intercity buses suitable for performing the proposed service. As of September 30, 1962, its Eastern Greyhound Lines Division had assets of $78,022,086, and net worth of $49,872,173. In the 9-month period ended September 30, 1962, it had net income, after provisions for income taxes, of $5,788,930. Greyhound is fit and able, financially and otherwise, properly to conduct the proposed operation. Fifty-three public witnesses appeared in support of the application. The witnesses either reside or are engaged in business at Camden; at Woodbury, Stratford, Audubon, Collingswood, Burlington, Berlin, West Berlin, Barrington, Runnemede, Oaklyn, Haddon Heights, Erlton, Mount Ephraim, Haddonfield, Gibbsboro, Cherry Hill, Glendora, and Westville, N. J., which are all within 15 miles of Camden; and at Salem, N. J., which is about 38 miles from Camden. A number of the supporting individuals and members of their families, who reside at the above-indicated points, travel for pleasure and business by Greyhound to and from a number of out-of-State points, including several in Illinois, Texas, Michigan, the New England States, Kentucky, Louisiana, Ohio, Arkansas, New York, Florida, Georgia, Pennsylvania, the District of Columbia, California, Virginia, Utah, Wyoming, Indiana, Washington, Maryland, and Canada.

In order to use Greyhound's service, these individuals must travel from their homes in Camden and the Camden area to Greyhound's terminal at 17th and Market Streets, Philadelphia. There are no parking facilities near the Greyhound terminal, and those desiring to use this service must either arrange to be driven by friends or relatives, or must travel by public conveyance thereto. Passengers traveling by public conveyance must take a city bus operated by Public Service from Camden and the Camden area to the Union Terminal at 13th and Market Streets, Philadelphia, and must then either take a taxi or walk to the Greyhound terminal four blocks away.4

These passengers consider it inconvenient to be required to travel from Camden to Philadelphia, in the manner described above, in order to board a Greyhound bus, which immediately returns through Camden en route to their destination. Moreover, those of the supporting passengers who are elderly or who are accompanied by small children have found it exceptionally burdensome to handle their baggage aboard a crowded Public Service bus from the Camden area to Philadelphia, and then carry the said baggage four blocks from the Public Service discharge point to the Greyhound terminal.

Inbound from their out-of-State origins, the supporting passengers are required to ride through the city of Camden to Philadelphia, and then obtain passage back to Camden to either by taxi and city bus, or by arranging with friends or relatives to pick them up. These passengers are vexed at the added delay and inconvenience caused by this procedure, and are unable to understand why the Greyhound bus will not stop at Camden to permit them to alight,

Although subway and city buses are operated between the general areas of 13th and 17th Streets, Philadelphia, the supporting parties do not use these facilities because of the infrequent schedules and the necessity for walking a considerable distance to and from the pickup and discharge points.

95 M.C.C.