LIST OF COMMISSIONERS' SPEECHES- SPEECHES BY COMMISSIONERS Tierney, Paul J. The Commission's caseload-another look. Remarks . . . Board of Statement before Committe on Interstate & Foreign Commerce on Brown, Virginia Mae The future role of travel and tourism in transportation. Remarks Tucker, William H. Air-truck-rail-water-bus Company. Excerpt from Columbia Journal of World Business. Nov.-Dec., 1967. p. 47-53. Murphy, Rupert L. Some aspects of the small shipments problem. Physical Distribu- Remarks... before National Conference of State Transportation Stafford, George M. Carrier selectivity in the transportation of furniture. Remarks ... Georgia Wholesale Furniture Salesmen's Ass'n. Atlanta, Jan. 22, 1968. Syphers, Grant E. Remarks . New Mexico Motor Carriers Association. Albuquerque, N. Mex., Jan. 26, 1968. Hardin, Dale W. Remarks . . . before Federal Government Accountants Association, ARTICLES IN PERIODICALS Administrative law-expansion of "public interest" standing. NC L Rev Je '67 p. 998 Albrecht, Norman E. Statistical sampling in financial analysis. Fed Acc N '67 p. 26-37. * Excerpted from the Library Bulletin of the Interstate Commerce Commission. Appeals from administrative orders, A proposal to end the race to the court house in. Col L Rev Ja '68 p. 166-174. Application of the Sherman Act to attempts to influence government action. Harv L Rev F '68 p. 847-858. Applying federal agency rules and decisions in State court litigation. U Colo L Rev Summer '67 p. 558 Barr, Andrew. The international harmonization of accounting principles. Fed Acc N '67 p. 1-17. Computer services and the federal regulation of communications. U Pa L Rev D '67 p. 328-346. Darnall, Homer. What is legal private carriage? Dist Manager F '68 p. 41-45. Davis, Kenneth Culp. Information act: a preliminary analysis. U Chi L Rev Summer '67 p. 761 Disparaging publicity by federal agencies. Col L Rev D '67 p 15121528. Earnings-price approach to fair rate of return in regulated industries. Stan L. Rev Ja '68 p. 287 Forte, Wesley E. Fair hearing in administrative rule-making: A recent experience under the Federal Food, Drug and Cosmetic Act. Duke LJ V. 1968, no. 1. February. Freedom of information: the statute and ten regulations. Geo. L JN '67 p. 18 Gold, Andrew J and Donald C. Snyder. ICC reporting: A suggested simplification, A note. ICC Prac J Ja-Feb '68 p. 267-69. Goodrich, W. W. Rule-making as viewed by the Commissioner, the Congress, and the Court. Bus Law N '67 p. 189 Inclusion questions arising from the Penn-Central and N & W mergers. Pub Ut Fort F 29 '68 p. 59-60. International freight railroads-Interstate Commerce Commission has power to regulate joint through rate of U. S. and Canadian carriers. Tex Int L Forum Summer '67 p. 393 Investigatory power of an administrative agency. Spring '67 p. 50 Chi-Kent L Rev Jelinek, D. A. Federal regulatory agencies and the southern negro. Guild Prac Winter '67 p. 18 Judicial review of agency action. Admin L Rev D '67 p. 147-184. Kaplan, Benjamin. 1966 amendments of the Federal Rules of Civil Procedure (II). Harv L Rev Ja '68 p. 591-623. Kitch, Edmund W. The Permian Basin Area rate cases and the regulatory determination of price. U Pa L Rev D '67 p. 191-221. Levine, Harvey A. The railroad industry's experience under section 15a (3) of the Transportation Act of 1958. ICC Prac J Ja-Feb '68 p. 252-266. Litke, Arthur L. Tomorrow's regulatory accountants-Micros or macros? Pub Ut Fort F 29 '68 p. 13-19. Lorch, R. S. Administrative court via the independent hearing officer. Judicature N '67 p. 114 Merkel, Edward W. The other anti of antitrust. Harv Bus Rev Mar Apr '68 p. 53-62. Paul, J. Access to rules and records of federal agencies: the Freedom of Information Act. Lab Bull Ag '67 p. 459 Peck, Richard C. Taxation of costs-new developments. FRD D '67 p. 55-60. Pre-trial discovery and preparation for trial. Admin L Rev D '67 p. 55-99. Public information act and interpretative and advisory rulings. Admin L Rev V. 20 No. 1, D '67 Panel discussion. Reflections on the conduct of an administrative hearing. Admin L Rev D '67 p. 101-145. Rhodes, Robert G. and Richard E. Briggs, The ICC's rail carload waybill sample. ICC Prac J Ja-Feb '68 p. 235-251. Sampling techniques and regression analysis for accounting and auditing information-A practical approach. Fed Acc N '67 Special supplement. Shapiro, David L. Some thoughts on intervention before courts, agencies, and arbitrators. Harv L Rev F '68 p. 721-772. Smerk, George M. Urban mass transportation: Present federal programs and the future. Q Rev Ec & Bus Winter '67 p. 17-28. Somers, H. M. "End result" approach to public utility regulation. Buffalo L Rev Spring '67 p. 689 Strong, F. R. Judicial review: A tri-dimensional administrative-constitutional law. W Va L Rev Ap '67 p. 249 A symposium Intergovernmental relations: Insights and outlooks. Pub Admin Rev Jan.-Feb. '68 p. 3-29. Towle, William H. Appeal of ICC suspension orders. ICC Prac J JaFeb '68 p. 220-234. Tucker, William H. Renovating the decisional process in an independent regulatory commission. ICC Prac J Ja-Feb '68 p. 207-219. United States Department of Transportation: A symposium. J Air L Spring '67 p. 221 Unlawful primary line price discriminations: Predatory intent and competitive injury. Col L Rev Ja '68 p. 137-154. Weinrich, John E. Strategic cost-benefit factors in environmental performance. Pub Ut Fort F 15 '68 p. 32-38. Whitten, Herbert O. Why not density rates? Dist Age F '68 p. 18-27. 40 Generally 41 Transportation 42 Terminal 50 Generally 51 Ratemaking 52 Freight Classification 53 Rate Adjustments 60 Generally 61 Analogous or Homogeneous Articles 62 Rate Comparisons 63 Value of Service 70 Generally 71 Intermediate Charges 72 Port Equalization 80 Generally 81 Control of Two or More Carriers 82 Transaction Sound & Applicant Fit Transportation Conditions 3. Finance 33 Purpose of Issue 34 Alteration of Securities Service & Operations 4. 43 Line 44 Accessorial 45 Allowances 5. Rate Structure 54 Joint or Through Routes, Rates & Divisions 55 Competitive Ratemaking 6. Rate Level 64 Compensativeness 65 Charges for Special Services 66 Class Rates 7. Equality of Charges 73 Special Service Charges 74 Undue Preference or Prejudice 05 Types of Carriage 06 Corporate Organization 16 Proof 17 Hearing 18 Decisions 19 Judicial Review 27 Disposition of Applications 28 Transfer, Modification or Revocation 29 Abandonment 35 Corporate Reorganization 37 Accounts 39 Costs 46 Safety 48 Liability 49 Discrimination 56 Demurrage & Storage 57 Tariffs 58 Charges 68 General Increases or Reductions 69 Passenger Service Charges 75 Intrastate Rates 79 Inequality of Specific Interstate Class or Commodity Charges 86 Leases & Operating Agreements 87 Disposition of Unification Applications 02.00 Generally O. 02. 02.0 REGULATION* Federal Regulation Interpretation of Act 02.00 Whole act and all of its provisions are to be read in light of declaration of national transportation policy. Ex Parte MC-68, Removal of Truckload Lot Restrictions, 106 M.C.C. 455, 474, 1-15-68, Comm. 02.00 Intent of Congress in enacting Sec. 13a was to enable carriers to discontinue train services that no longer pay their way, and for which there is no longer sufficient public need to justify financial loss involved. 376 U.S. 93. F.D. 24725, Chicago & E. Ill. R. Co.-Discontinuance of Trains Nos. 93 and 54 bet. Chicago, Ill., and Evansville, Ind., 331 I.C.C. 447, 460, 1-25-68, Div. 3. 02.01 Long Continued Practice 02.01 Commission has consistently found that motor carriers operating in interstate or foreign commerce under former second proviso may not conduct operations at any point outside of a single State or points outside of United States. In conjunction with Sec. 206(a)(7) and legislative history pertaining thereto, Commission findings comport with clear provisions of this section and constitute a sound basis for interpreting phrase "in operation solely within a single State." Accordingly, that phrase must be generally construed to preclude operations in interstate or foreign commerce by motor carriers operating under Sec. 206 (a) (7) at any point outside of a single State or United States. MC-99745, Sub 3, Imperial Truck Lines, Inc., Com. Car. App., 106 M.C.C. 741, 748, 2-2-68, Div. 1. 02.02 Legislative Directions 02.02 When Secs. 206(a)(7)(A) and 206(a)(7) (B) are considered conjunctively, it is clear that Congress did not intend to say that mere possession by applicant of an effective intrastate certificate on October 15, 1962, would constitute conclusive proof that applicant was lawfully engaged in interstate and foreign operations. Although applicant had an effective, lawfully issued (subject to pending litigation) State certificate on October 15, 1962, he did not have such a certificate "filed with the Commission" et cetera, because of failure to comply with Commission's insurance requirements. With respect to pendency of litigation exception, what was intended was that an applicant's failure to operate would be excused if his intrastate certificate was being subjected to some type of judicial or quasi-judicial review which would make it impossible for him to operate. A typical example would be where a court enjoined operation under such a certificate pending a suit to determine its validity. MC-120308, Sub 1, H. A. Dalton, App. for Ctfe. of Registration, 106 M.C.C. 774, 778, 779, 2-16-68, Rev. Bd. No. 1. 02.03 Permissive or Mandatory 02.03 A proper public convenience and necessity finding may be made upon an appropriate record pursuant to Sec. 208 (a) without necessity of a carrier's or carriers' first filing an application under Sec. 207 of Act. Ex Parte MC-68, Removal of Truckload Lot Restrictions, 106 M.C.C. 455, 476, 1-15-68, Comm. 02.06 Legislative History 02.06 Legislative history of 1966 amendment to Sec. 1(14) (a) clearly prohibits any allowance based upon "value of use" concept. No. 31358, Chi * References to mimeographed decisions which are not to be printed in full in Commission reports are to docket number and date. Cases to be printed can be found in the advance sheets of the 1.C.C. decisions by reference to the decision dates shown. I.C.C. decisions included in this issue cover those served in mimeo graph form. |