Surface Transportation Board

“ Using state-of-the-art technology, we are developing a single integrated system that links all forms of transportation and enables the user-passenger or shipper-to choose the service that best meets the immediate need. The Department of Transportation is working on a National Transportation System to address modern concerns of efficiency and environmental safety, and we are looking toward States, communities, and the private sector to join in investing strategically in the transportation infrastructure of the future. ”

“ It affects not only shipments of linoleum, and motor carriers, but many kinds of shipment and all kinds of carriers within the Commission's jurisdiction. It may touch vitally the public interest. It involves, to some extent, the important task of reconciling previously established railroad policies with, or adapting them to, the requirements of the presently effective National Transportation Policy and its application to a coordinated transportation system. ”

“ For a century, the Commission has carried out its missions with dedication and with commitment to a national surface transportation system second to none. The Commission's role in regulating transportation has changed constantly and is changing even now; regulation by government is giving way to regulation by market competition, and both the transportation industry and the consumer are better off as a result. ”

“ Railroads may, therefore, in appropriate places operate trucks. However, since the preservation of the inherent advantages of motor carriers is of equal importance with efficiency under the national transportation policy, the Commission must weigh the needs of the railroad against disadvantages to the motor carriers to find the balance of public convenience and necessity in determining whether to grant a railroad application for motor operation where these certificates are required. ”

“ In most cases the individual, or even a huge organization such as the National Aeronautical and Space Administration, is planning something he or it expects to do. The ultimate result of highway planning, more recently broadened to be called highway transportation planning, is the development of a highway system to provide for the movement of vehicles—vehicles not under the control of the planner but of the great number of individuals who drive them. Highway transportation is mostly, up to 96 percent, people driving themselves or transporting their goods in their own vehicles. ”

“ The undisputed facts here disclose that only the railroad holds itself out to the general public to engage in a single complete freight transportation service to and from all points on its lines. As an integral and essential part of this service tendered by the railroad, motor vehicle transportation between certain stations is provided. It is completely synchronized with the rail service and has none of the elements of an independent service offered on behalf of the motor vehicle operators. ”

“ Third—I advocate the regulation of competing motor-carriers, by the Interstate Commerce Commission. Where rail service should be supplemented by motor service to promote the public interest, the railways should be permitted in this manner to extend their transportation facilities. They should be encouraged to modernise and [Pg 170] adapt their plant to the new needs of a changing world. ”

“ The length of truck hauls will be determined in the future as it has been in the past, by the competitive advantages at various distances of other modes of transportation. The probable early development of an efficient commercial air-freight service, together with the keener competition of a rejuvenated rail service, would seem to forecast a future shortening rather than a lengthening of average highway-freight hauls. ”

“ So long as it may fairly be said that the practice required from the motor carrier falls within the meaning the Commission has given to auxiliary and supplemental, the condition is valid.
Such restrictions hamper railroad companies in the use of their physical facilities-stations, terminals, warehouses-their personnel and their capital in the development of their transportation enterprises to encompass all or as much of motor transportation as the roads may desire. The announced transportation policy of Congress did not permit such development. ”

“ Preparedness is proportionately of as much benefit to the individual as to the Nation, and if consideration is now given by the shippers to the few problems that may be confronting them in connection with highway transportation, they will be in a position to profit by this form of transportation when the needs arise.
It is the purpose of the Highways Transport Committee to bring about as quickly as possible an organization of return-load bureaus in all States where it will be beneficial to establish reciprocal relations. ”

“ Out of all our past efforts—planning, designing, constructing, bridge building, and organizational efforts at all levels of government—has come a superb system of highways to serve a growing Nation. The challenge now and in the future is to preserve and enhance the performance level of our highways and at the same time promote within a multi-modal transportation family a more flexible and innovative transportation system. ”

“ STATEMENT OF GOALS.—The Commission shall develop a statement of goals concerning the future of Northeast Corridor rail infrastructure and operations based on achieving expanded and improved intercity, commuter, and freight rail services operating with greater safety and reliability, reduced travel times, increased frequencies and enhanced intermodal connections designed to address airport and highway congestion, reduce transportation energy consumption, improve air quality, and increase economic development of the Northeast Corridor region. ”

“ The question at once presents itself whether the fostering of a contented mind on the part of an employee by legislation of this type is in any just sense a regulation of interstate transportation. If that question be answered in the affirmative, obviously there is no limit to the field of so-called regulation. The catalogue of means and actions which might be imposed upon an employer in any business, tending to the satisfaction and comfort of his employees, seems endless. ”

“ The national highway program is in the throes of major change in direction and emphasis. These changes are emanating from complex issues and problems associated with growing questions of government involvement. For instance, the appropriate roles of Federal, State, and local governments in highway construction, operation, and maintenance are being reconsidered. We realize that the Interstate System is going to require a continuing process of resurfacing, restoring, and rehabilitation to maintain the high level of transportation service demanded by the public. ”

“ Under its temporary authority, the applicant has been offering several stops in transit at the truckload rate, and assessing no stop-in-transit charge, thus rendering in effect a less-than-truckload service at truckload rates.
Existing motor carriers possess the authority and equipment to provide service to a substantial number of the points involved, either directly or by joint-line operations. Although few have previously participated in this particular transportation, each displays a desire to obtain the traffic ”

“ The 250-nm-radius outer ring, which encompasses all of the airspace from above the surface, is classified as oceanic airspace. A 100-nm-radius inner ring, which extends over the Saipan radio beacon and from the surface to 28,000 feet, is classified as domestic airspace. [43] The CERAP airspace is adjoined on all sides by the Oakland Air Route Traffic Control Center oceanic sectors. The airspace over Saipan and Guam is classified as approach control airspace, and its boundaries extend from the surface to 17,000 feet. The CERAP was classified as a Level II facility at the time of the accident. ”

“ The board shall include representatives of the Environmental Protection Agency and other Federal, State, and local governmental entities and private sector entities. ``Sec. 55604. Research on short sea transportation ``The Secretary of Transportation, in consultation with the Administrator of the Environmental Protection Agency, may conduct research on short sea transportation, regarding— `` (1) the environmental and transportation benefits to be derived from short sea transportation alternatives for other forms of transportation ”

“ The cordial and effective cooperation of the staffs of HHFA and the Public Roads Administration and the direction of much of the 701 money to the cooperative (sometimes called hyphenated) land use-transportation planning process must rank well up with the highway contribution in the success of the process.
While highway departments were placing major emphasis on planning arterial routes in urban areas, city street congestion was steadily worsening. ”

“ No question as to interstate transportation is involved. In safeguarding the use of its highways for intrastate transportation, carriers for hire may be required to obtain certificates of convenience and necessity. ”

“ The possible peril to interstate commerce in a physical connection between two main tracks 'shows that the jurisdiction of the Commission over such connections must be exclusive, if the duty imposed upon it to develop and control an adequate system of interstate rail transportation is to be effectively performed. ”

“ Section 3 of the state law requires every carrier of property by motor for hire over public highways of the State to obtain from the Railroad Commission a certificate of convenience and necessity. Section 4 makes it the duty of the commission to regulate the transportation, to prescribe rules for safety of carriers' operations, and to supervise all matters affecting relationships between the carriers and the public. ”

“ At the same time, more rigorous analytical procedures will be needed in making such large transportation investment decisions through cost-effectiveness studies and analyses of alternatives. Highway builders, the engineers who developed the highway system that is the envy of the whole world, may be expected to assist in the rehabilitation of the fixed rail systems in the Nation. We may expect that State and Federal highway organizations will become more closely involved in this new major thrust within the transportation family. ”

“ It is not enough that the railroad's motor operations are found by the Commission to be of a different character from over-the-road motor operations because they are integrated with railroad operation. The Commission must also consider the disadvantage to the public of a serious impairment of the non-rail motor carriers. Those affected are entitled to fully develop the bearing of the proposals on the transportation agencies which are involved. ”

“ With the growth of the Nation and of its urban population, the program became one of meeting the complex transportation and social problems in urban areas and the needs for intercity and interstate motor vehicle transportation. The changing focus in national highway needs and in national transportation objectives had been anticipated by BPK leaders and had prompted their early efforts in the fields of highway planning and needs studies, highway research sponsorship, highway design and construction, highway traffic operation, and highway transportation economics. ”

“ The highway planner plans a system and the engineer builds and maintains it, but they do not provide highway transportation. A railroad company provides transportation; an airline provides transportation; a transit company provides transportation; but the highway agency provides for transportation.
From another viewpoint, the question sometimes is raised as to whether we in the United States do any highway planning. ”

“ In determining any question concerning any such rates, fares, charges, classifications, regulations, or practices or changes therein, the Interstate Commerce Commission shall give due consideration to the fact that the transportation systems are being operated under a unified and co-ordinated national control and not in competition. ”

“ Paragraph 9 of § 1 of the Interstate Commerce Act as amended provides that 'any common carrier subject to the provisions of this act, upon application of * * * any shipper tendering interstate traffic for transportation, shall construct, maintain, and operate upon reasonable terms a switch connection with any * * * private side track which may be constructed to connect with its railroad, where such connection is reasonably practicable and can be put in with safety and will furnish sufficient business to justify the construction and maintenance of the same' ”

“ It is the sense of Congress that in constructing new roadways or rehabilitating existing facilities, State and local governments should consider policies designed to accommodate all users, including motorists, pedestrians, cyclists, transit riders, and people of all ages and abilities, in order to— (1) serve all surface transportation users by creating a more interconnected and intermodal system ”

“ Public convenience and necessity is not defined by the statute. The nouns in the phrase possess connotations which have evolved from the half-century experience of government in the regulation of transportation. When Congress in 1935 amended the Interstate Commerce Act by adding the Motor Carrier Act, it chose the same words to state the condition for new motor lines which had been employed for similar purposes for railroads in the same act since the Transportation Act of 1920, § 402 (18) and (20) , 41 Stat. ”

“ The issues raised by the position of the parties did not call for a fixing of new combination rates, for it was contended barge grain was entitled to the existing proportionals.
The policy provisions of the Transportation Act of 1940, as well as the specific statutory provisions, provide only standards of considerable generality and some overlapping. It requires administration to 'recognize and preserve the inherent advantages of each'-rail, water, and motor transport. It also seeks 'sound economic conditions' for all kinds of transportation. ”