crease of about 15,000 plain boxcars. But the covered hopper cars are pretty versatile, particularly in connection with the grain trade.

Senator ALLOTT. Well, I would not be surprised at this. I know in my own area, and I am speaking roughly of Kansas, too, and perhaps Oklahoma, which is one of the great wheat producing areas, in talking with the other Senators, the present anticipation is that the wheat crop will be severely curtailed in this area, and I hope we do not have the crises situation we have had in the past, but we will see.

When does the Commission expect to have a decision implementing the freight car supply legislation enacted May 26 of last year?

Mr. TUCKER. Well, we finished hearings on the phase of that case which would establish a first stage per diem rate, Senator. The briefs were due May 29, and we ought to be able to get a report out sometime this summer.

Senator ALLOTT. Earlier than this summer.

Mr. TUCKER. Well, that case is being handled administratively by former Chairman Bush. I would not want to make a more precise estimate other than to say that it has been reported to me that we ought to be able to have our report ready for consideration sometime this summer.

Senator ALLOTT. Well, I am sure that both the chairman and all the members of the committee are interested in getting this moving as quickly as we can.

Now, will you have sufficient field staff this summer to enforce orders to get cars back West when they are needed?

Mr. TUCKER. Not if we face any crises of the proportions we faced last year. We will do the best job we can, but I could not represent to the Senator that we couldn't really make good use of 15 more men, or even one more man in the car service area if we had to face what we had to face last year. We will do the job, Senator, but it would be a mistake to say that we couldn't use 10 or 15 more men if we run into anything at all like we did last year.

As the Senator might recall, we pleaded rather severely for a supplemental increase in car service people and we were not successful. Senator ALLOTT. And you did not get any more car service people in this budget?

Mr. TUCKER. No, sir. No, sir.

Senator ALLOTT. Did you ask for them?

Mr. TUCKER. Yes, but we were turned down although we thought we made a good case for 15.

Mr. RYAN. I think we did ask for 15. I have it right here.

Yes, we asked for 15 more car service agents.

Senator ALLOTT. And the budget turned you down.

Mr. TUCKER. Yes, sir.

Senator ALLOTT. Well we might substitute some of those for some of these other people you asked for.

You may have answered this. Of your railroad field staff how many were transferred to DOT?

Mr. TUCKER. Railroad field staff, by that do you mean railroad safety and service or locomotive inspection? Why don't we take both

areas.

Mr. BRIGGS. A total of 230 employees, including 49 positions located in the Washington office. Ten positions were also transferred from the Office of the Director, Bureau of Railroad Safety and Service.

Senator ALLOTT. That is in what?

Mr. BRIGGS. In the areas of both railroad safety and locomotive inspection.

Senator ALLOTT. Well, this material is covered in the transfers we went through.

Mr. TUCKER. Yes.

COOPERATION WITH THE STATES ON ILLEGAL CARRIAGE

Senator ALLOTT. So we can review the details on this in the record. On September 6, 1965, the President signed into law Public Law 89-170 to combat illegal carriage. Last month Senator Magnuson witnessed Commissioner Pearson of the State of Washington Utilities and Transportation Commission entering into a cooperative agreement with the ICC to exchange information on illegal operators and

other matters.

How are you progressing with respect to implementing Public Law 89-170?

Mr. TUCKER. Very well, in my judgment, Senator. Twenty-nine of the States have signed agreements. We have expectations that all States except California plan to sign the agreement. And in view of this law and intent of Congress, as well as the signing of the agreements, we have ordered a nationwide crackdown on illegal, or gray area trucking. That will take place this summer. It is by way of a precise plan. And we will utilize to the fullest extent the cooperative agreements with the States in that regard, sir.

Senator ALLOTT. So you have agreements with 29 of the States? Mr. TUCKER. That is right, sir.

Senator ALLOTT. And you hope to get agreements with all except California?

Mr. TUCKER. Right. We understand that California is concerned about this because it would require more personnel and a larger budget. Senator ALLOTT. Well, maybe they are planning on cessation. [Laughter.]

The Commission has scheduled hearings on reconsideration in the Great Northern, Northern Pacific, Burlington merger proposal on

June 13.

What is the status of the various railroad merger cases?

Mr. TUCKER. On that particular case, we are ready to hear oral argument. We have already finished hearing further evidence which we required, and we should make a decision in that case not too long after the oral argument. I have an exhibit, if the Senator would care to attach it to the record in some way, showing the status of every merger and control rail case before the Commission.

MERGER AND CONTROL CASES

Senator ALLOTT. This will be included in the record in full.

I do not know whether you can get this in tabulation form or not. If possible, I wish you would.

Mr. TUCKER. Can we go off the record a minute?

Senator ALLOTT. Yes.

(Discussion off the record.)

(The tabulation follows:)

Status of merger and control cases before Interstate Commerce Commission

COLLECTION OF FEES AND CHARGES

Senator ALLOTT. How is the program for the collection of fees and charges running?

Mr. TUCKER. Well, I think I indicated earlier in my testimony that we thought it had run along pretty well. I asked for a study of this progress earlier this spring, Senator.

Senator ALLOTT. That is in your study?

Mr. TUCKER. Well, I know it was outlined in the statement. The study indicated that we had collected through May 30-about 1 year after the program started-$1,017,290. Our estimated receipts will be $1.6 million for this fiscal year. As a result of the review, we are going to adjust some fees to a certain extent, but we are satisfied that it has been a good program. Not only has the program made a substantial return to the General Treasury; we also have stopped a lot of the frivolous applications, the "me too" applications. This latter effect may have had an even greater impact on the budget in that regard.

EFFECTS OF HOUSE REDUCTION

Senator ALLOTT. All right. Now, I think we have gone through this. The question, however, is asked by the chairman. What effects will the House appropriations cuts have on your operation? And that is covered on pages 1 and 2 of your statement.

Will they affect car service operations?

Mr. TUCKER. I would doubt that we could even consider dropping any car service agents.

Senator ALLOTT. Would they affect the enforcement against illegal carriage?

Mr. TUCKER. Yes; it could.

Senator ALLOTT. In other words, some of the added people you want would be used in this area?

Mr. TUCKER. Not added people; some of the people we would have to lay off could be used.

Senator ALLOTT. Some of the people you would have eliminated in that smaller figure, a hundred

Mr. TUCKER. About 15 people.

Mr. SCHMID. $130,000.

Senator ALLOTT. $130,000. What about the work of economic regulation?

Mr. TUCKER. I think we would have to examine a reduction in that area if we didn't get the $130,000.

LESS THAN CARLOAD LOTS

Senator ALLOTT. All right. There are some complaints about less than carload lots. In other words-and I have heard these, too-a small shipper has trouble shipping his manufactured products unless he can fill a whole car. The railroads are reluctant to accept his business unless he conforms with their terms. What would be the Commission's attitude toward positive action in this instance?

Mr. TUCKER. Well, we are all for that, Senator. As a matter of fact, we have filed a bill and had hearings on it in the Senate. We hope to have hearings in the House. That bill would give the Commission authority to require through routes and joint rates between motor carriers. It would help alleviate that problem tremendously.