In view of the conclusions previously discussed, it is not necessary for us to consider the merits of the application of the Delaware company for authority to control the operating rights of American Coastal Lines, Inc., through other companies which the Delaware company owns and controls. Findings-Upon consideration of the facts and circumstances hereinabove reviewed, we find that transfer to the National Container Corporation of Virginia (Marine division) of the second amended permit and order dated May 23, 1950, issued in No. W-14, to American Coastal Lines, Inc., is not consistent with the public interest. Accordingly, the application in Finance Docket No. 17616 will be denied. We further find that in view of this action, acquisition by the National Container Corporation, a Delaware corporation, through ownership of stock of the Airdepot Realty Corp., owner of the stock of the National Container Corporation of Virginia, of control of the operating rights of American Coastal Lines, Inc., while continuing control of the Marinette, Tomahawk & Western Railroad Company through stock ownership of the National Container Corporation of Wisconsin, is not necessary. Accordingly, the application in Finance Docket No. 17616, (Sub-No. 1) will be dismissed. An appropriate order will be entered. 285 I. C. C. No. W-277 (SUB-No. 17) OLIVER J. OLSON & CO. COMMON CARRIER APPLICATION Submitted May 4, 1953. Decided May 22, 1953 Public convenience and necessity found to require operation by applicant, in the capacity of managing owner, as a common carrier by self-propelled vessels, in the transportation of lumber and lumber products and woodpulp from and to certain ports and points in Washington, Oregon, and California. Issuance of a certificate withheld. George L. Olson for applicant. REPORT OF THE COMMISSION DIVISION 4, COMMISSIONERS MAHAFFIE, JOHNSON, AND MITCHELL BY DIVISION 4: No exceptions were filed to the report proposed by the examiner. By application filed July 7, 1952, under the provisions of section 309 (c) of the Interstate Commerce Act, Oliver J. Olson & Co., a corporation, in the capacity of managing owner, seeks a certificate of public convenience and necessity authorizing operation as a common carrier by water, by self-propelled vessels, in interstate or foreign commerce, in the transportation of lumber and lumber products and woodpulp from and to the respective ports and points specified in its third amended permit and order issued September 1, 1950, in No. W-277, and others. No one opposes the application. The third amended permit issued to applicant in the capacity of managing owner authorizes operation as a contract carrier by selfpropelled vessels in the transportation of lumber and lumber products and woodpulp from and to the respective ports and points in Washington, Oregon, and California shown in the appendix hereto. Pursuant to temporary authority granted by order of June 26, 1952, in No. W-277 (Sub-No. 16), as subsequently modified, it is authorized to perform the common-carrier service for which a certificate is sought until the application herein has been finally determined. Applicant and its predecessor successively have been engaged in transportation by water along the Pacific coast since 1906. Its past service has been for selected shippers under individual contracts or agreements as a contract carrier. However, in recent years the number of shippers requesting applicant's service has greatly increased. As a contract carrier it has been unable to comply with all requests received. Therefore, it proposes to change its operation from that of a contract carrier to that of a common carrier. The eight vessels used in this service are being equipped for the handling of packaged lumber. This improvement will enable applicant to give more expeditious and economical service. As a common carrier, applicant intends to solicit business and hold itself out to serve all shippers desiring its service. It does not propose to operate as both a common and contract carrier, and if the certificate sought herein is granted, applicant will request cancellation of its third amended permit. Applicant presently handles a large portion of the lumber and lumber products moving by water in the Pacific coastwise trade. In 1949, 1950, and 1951, it transported 233,596,948, 347,199,298, and 249,259,035 board feet of lumber, respectively. During 1951 its operations were suspended by strikes from June 19 to September 27. Lumber and lumber products carried by applicant the first 5 months of 1952 approximated 100,000,000 board feet. On the basis of its experience and knowledge of conditions in the lumber trade, applicant estimates that there is available annually for movement in its proposed service as a common carrier from 250,000,000 to 350,000,000 board feet of lumber and lumber products. Fifteen lumber companies support the application. These shippers, all of which regularly use applicant's service, consider the operation essential to the transportation of their lumber and are of the opinion that no other carrier is capable of providing the service they require. They believe that applicant will be able to provide a more flexible service as a common carrier, and state that they will use the service proposed if the application is granted. The same eight selfpropelled vessels now operated by applicant in the Pacific coastwise lumber trade will be used by it in the proposed common-carrier service. Its officers are men of broad experience in water transportation. Applicant's ability to operate successfully as a water carrier is shown by its past operations. These facts, together with other facts of record, establish that applicant is fit, willing, and able properly to perform the proposed service, and that such service is required by the present and future public convenience and necessity. We find that public convenience and necessity require operation by applicant, in the capacity of managing owner, as a common carrier by self-propelled vessels, in interstate or foreign commerce, in the transportation of lumber and lumber products and woodpulp from and to the respective ports and points specified in the appendix hereto; that applicant is fit, willing, and able properly to perform such service and to conform to the provisions of part III of the act and the requirements, rules, and regulations prescribed by the Commission there under; and that a certificate of public convenience and necessity authorizing such operation should be issued, subject, however, to general conditions which are necessary to carry out, with respect to applicant's operation, the requirements of part III of the act and the orders, rules, and regulations of the Commission thereunder. However, as applicant has no intention of conducting dual operations, we shall withhold issuance of the certificate pending receipt on or before June 30, 1953, of a request by applicant for cancellation of its third amended permit. APPENDIX (1) Lumber and lumber products (a) from Olympia, Tacoma, Seattle, Everett, Port Gamble, Aberdeen, South Bend, Knappton, Longview, Kalama, and Vancouver, Wash., and Portland, Linnton, St. Helens, Prescott, Rainier, Westport, Wauna, Astoria, Youngs Bay, Warrenton, Newport, ports and points along the Umpqua River below and including Reedsport, Coos Bay, Marshfield, North Bend, Empire, Bandon, and Port Orford, Oreg., to San Francisco, Redwood City, Alameda, Oakland, Richmond, Mare Island, Vallejo, Stockton, Monterey, Port San Luis, Santa Barbara, Port Hueneme, Los Angeles Harbor, San Pedro, Wilmington, Long Beach, and San Diego, Calif.; (b) from Grays Harbor and Willapa Harbor, Wash., to San Francisco Bay points, Los Angeles Harbor, and Long Beach; (c) from points in California on Humboldt Bay and points in Oregon on Coos Bay to points in Oregon and Washington on the Columbia and Willamette Rivers, Grays Harbor, and Puget Sound; and (d) from points on Humboldt Bay to Port Hueneme, Calif., and points in California on San Francisco Bay and its tributaries, Los Angeles Harbor and its tributaries, and San Diego Bay. (2) Woodpulp (a) from Olympia, Everett, Longview, and ports and points along the Umpqua River below and including Reedsport to San Francisco, Redwood City, Alameda, Oakland, Richmond, Mare Island, Vallejo, Stockton, Monterey, Port San Luis, Santa Barbara, Port Hueneme, Los Angeles Harbor, San Pedro, Wilmington, Long Beach, and San Diego; and (b) from Tacoma, Seattle, Port Gamble, Aberdeen, South Bend, Knappton, Kalama, Vancouver, Portland, Linnton, St. Helens, Prescott, Rainier, Westport, Wauna, Astoria, Youngs Bay, Warrenton, Newport, Coos Bay, Marshfield, North Bend, Empire, Bandon, and Port Orford to Stockton and Port Hueneme, 285 I. C. C. No. FF-222 NORTH-SOUTH TRANSPORT CORP. Submitted March 12, 1953. Decided June 26, 1953 Proposed service by applicant as a freight forwarder of commodities generally from points in the New York, N. Y., commercial zone as defined in New York, N. Y., Commercial Zone, 1 M. C. C. 665, to Miami, Fla., when consigned for export to the Republic of Colombia, found not consistent with the public interest and the national transportation policy. Application denied. Harold Manheim, Abbott Gould, and Wallace M. Cohen, for applicant. James L. Givan, W. C. Mitchell, and Harry C. Ames for protestants. REPORT OF THE COMMISSION DIVISION 4, COMMISSIONERS MAHAFFIE, JOHNSON, AND MITCHELL BY DIVISION 4: Exceptions to the report proposed by the examiner were filed by protestants, and applicant replied thereto. Our conclusions differ from those recommended by the examiner. Exceptions and requested findings not specifically discussed in this report nor reflected in our findings or conclusions have been given consideration and found not justified. By application filed April 21, 1952, under the provisions of section 410 of the Interstate Commerce Act, North-South Transport Corporation, of New York, N. Y., seeks a permit to institute service in interstate commerce as a freight forwarder of general commodities suitable for air transportation and consigned for export to the Republic of Colombia from all points in New York commercial zone as defined in New York, N. Y., Commercial Zone, 1 M. C. C. 665, to Miami, Fla., through the use of facilities of common carriers by motor vehicle. Acme Fast Freight, Inc., Republic Carloading and Distributing Co., Inc., and Universal Carloading & Distributing Corporation oppose the application. Motion was made by applicant to amend the application to seek authority to forward general commodities suitable for air transshipment to all points in South America. Protestants object to the motion on the ground that the proposed amendment is an undue broad |