The Western Railway of Alabama: Auburn, Ala.; Benton, Ala.; Lanett, Ala.; Loachapoka, Ala.; Montgomery, Ala.; Notasulga, Ala.; Opelika, Ala.; Selma, Ala.; West Point, Ga.

West Jersey and Seashore Railroad Company: Camden, N. J.

West Shore Railroad (The New York Central Railroad Company, Lessee): Albany, N. Y.; Buffalo, N. Y.; Niagara Falls, N. Y.; North Tonawanda, N. Y.; Rochester, N. Y.; Syracuse, N. Y.

The Wheeling and Lake Erie Railway Company: Canton, Ohio; Cleveland, Ohio; Coshocton, Ohio; Massillon, Ohio; Steubenville, Ohio; Toledo, Ohio; Wheeling, W. Va.; Zanesville, Ohio.

Wichita Falls, Ranger & Fort Worth Railroad Company (J. W. Mitchell and Frank L. Ketch, Receivers): Breckenridge, Tex.; Ranger, Tex.

The Wichita Valley Railway Company: Abilene, Tex.; Anson, Tex.; Byers, Tex.; Jayton, Tex.; Munday, Tex.; Petrolia, Tex.; Seymour, Tex.; Spur, Tex.; Stamford, Tex.; Weinert, Tex.; Wichita Falls, Tex.

Wood River Branch Railroad Company: Hope Valley, R. I.
Woodstock Railway Company: Woodstock, Vt.

Wrightsville and Tennille Railroad Company: Dublin, Ga.; Eastman, Ga.; Hawkinsville, Ga.

Yadkin Railroad Company: Albemarle, N. C.

The Yazoo and Mississippi Valley Railroad Company: Baton Rouge, La.; Belzoni, Miss.; Charleston, Miss.; Clarksdale, Miss.; Covington, La.; Friars Point, Miss.; Good Hope, La.; Greenville, Miss.; Greenwood, Miss.; Helena, Ark.; Lexington, Miss.; Natchez, Miss.; Rosedale, Miss.; Ruleville, Miss.; St. Rose, La.; Tutwiler, Miss.; Vicksburg, Miss.; Yazoo City, Miss.

Yreka Railroad Company: Yreka, Calif.

32.3 Issuance of through bills of lading at other points. It is further ordered that (a) Railway carriers be, and they are hereby, authorized, when shipments for export are offered at points other than those hereinabove designated, to issue through bills of lading from such points to the points of foreign destination.

(b) If, and when, any point or points not hereinbefore named shall become sufficiently important, from the standpoint of export trade, to warrant inclusion thereof in the foregoing list, the railway carrier serving such point or points shall so report to the commission.*†

PARTS 41-42: CERTIFICATES OF PUBLIC
CONVENIENCE AND NECESSITY

PART 41-CONSTRUCTION, EXTENSION, ACQUISITION,
OR JOINT OPERATION OF RAILROAD LINES

General Land Office regulations relating to rights of way for railroads and station grounds: See Public Lands: Interior, 43 CFR Part 243.

Section 41.1 Information to be contained in applications. Such applications shall set forth the following information:

(a) Exact corporate name of the applicant.

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**For statutory and source citations, see note to § 32.1.

(b) Whether the applicant is (1) a carrier by railroad subject to the Interstate Commerce Act, (2) a corporation organized to construct and operate a railroad but not an operating corporation, or (3) an unincorporated organization, or an individual.

(c) Date of incorporation, and Government, State or Territory, under the laws of which the applicant was organized. If incorporated under the laws of, or authorized to operate in, several States, give the facts in regard thereto.

(d) Whether it is proposed (1) to construct a new line of railroad or an extension of an existing line of railroad, (2) to acquire a line of railroad, or (3) to operate over a line of railroad under a contract for joint use.

(e) Each State, and each county thereof, in which the proposed construction, acquisition or operation would be located.

(f) The route and terminí of the line it is proposed to construct, acquire, or operate. In cases of construction or acquisition give the name of each incorporated city or village through which the line would pass; in cases of operation under contract for joint use, name the intermediate points to be served.

(g) The total number of miles of track proposed to be constructed, acquired, or operated, showing main lines and branch lines separately. (h) The reasons, briefly stated, why the present or future public convenience and necessity require or will require, the proposed construction, acquisition, or operation. (Detailed reasons should be reserved for the return to the questionnaire hereto annexed).

(i) Applicant's general plan for financing the proposed construction, or acquisition, and applicant's relation, if any, traffic or financial, to any other corporation or corporations.

(j) Reference to action by stockholders or directors of the applicant authorizing the making and filing of the application, giving date and place of meeting.

(k) Name, title and post office address of counsel or officer to whom correspondence in regard to application is to be addressed.

(1) The application and each copy thereof shall be accompanied by map drawn to scale, showing fully the geographic situation of the lines it is proposed to construct, acquire, or operate, and their relation to existing railroads. Towns, villages, large rivers or lakes, national parks and reservations should be shown, at least near the route. The limits of the area which the applicant claims would be served should be shown when possible. The map and each copy thereof shall be on a sheet 8 x 1011⁄2 inches, or a multiple of that size not larger than 16 x 21 inches, and folded to dimension. The proposed line should be shown in clear relief on the prints by color or otherwise. In addition, three extra copies of the map should be submitted, unbound, for the use of the Commission.

(m) Applications for authority to operate under contracts for joint use shall be accompanied by copies of the contract governing such use.**

*§§ 41.1 to 41.9, inclusive, issued under the authority contained in sec. 402, 41 Stat. 476; 49 U.S.C. 1 (18-21).

The source of §§ 41.1 to 41.9, inclusive, is In the matter of applications for certificates of public convenience and necessity for the construction or extension

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of lines of railroad, for the acquisition of lines of railroad, and for the operation of lines of railroad under contracts for joint use, Interstate Commerce Commission, June 7, 1937, 2 F.R. 1046.

41.2 Execution, filing, and disposal of application. The following procedure shall govern the execution, filing, and subsequent disposal of the application:

(a) The original application shall be signed by an executive officer of the applicant, shall be verified under oath, and shall show, among other things, that the affiant has knowledge of the matters and things therein stated and is duly authorized by the applicant to verify and file the application.

(b) The original application and nine copies for the use of the Commission, and two additional copies for each State which includes any part of the proposed route, shall be filed with the Secretary of the Commission, Washington, D. C. Each copy shall bear the dates and signatures that appear in the original and shall be complete in itself; the signatures in the copies may be stamped or typed, and the notarial seal may be omitted. Additional copies shall be furnished as directed by the Commission.

(c) Upon receipt of the application, the Commission will: (1) Serve notice thereof on, and file a copy thereof with, the governor and public service commission of each State in which any part of the proposed construction, acquisition, or operation would be located, accompanied by an inquiry as to whether the governor or other representative of the State desires to be heard in the matter, and (2) transmit to the applicant the questionnaire attached hereto and made a part hereof; together with a notice of the filing of the application, which notice shall be published by the applicant at least once during each of 3 consecutive weeks in some newspaper of general circulation in each county in which any part of the line proposed to be constructed, acquired, or operated is located.

(d) The return to the questionnaire shall be filed with the Commission as soon as practicable, but not later than 6 weeks after receipt thereof. Action will not be taken on the application, and a hearing thereon, if considered necessary by the Commission, will not be ordered until after the return to the questionnaire shall have been received. The Commission will mail a copy of the return to the questionnaire to each governor and public service commission to whom a copy of the application was sent.*+

41.3 Form and style. The application and the return to the questionnaire shall be prepared in typewritten or printed form on paper approximately 82x11 inches, with 12-inch margin at the left side for binding.*+

41.4 Revocation of previous order. The Order of Division 4 of January 22, 1924, relating to applications filed under section 1 (18) to (21), inclusive, of the Interstate Commerce Act is hereby revoked.*+

41.5 Questionnaire. In the matter of applications under section 1, paragraphs (18) to (21), inclusive, of the Interstate Commerce

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**For statutory and source citations, see note to § 41.1.

Act for certificates of public convenience and necessity for the construction or extension of lines of railroad, for the acquisition of lines of railroad, and for the operation of lines of railroad under contracts for joint use.*+

41.6 General instructions. Responses to all questions and requirements of the questionnaire shall be full and complete. Responses of a general nature will not be acceptable. For estimates and opinions the supporting data shall be given. Information not specifically requested but which may be helpful to the Commission in reaching correct conclusions should be supplied in detail.

In the return to the questionnaire the questions must appear before the answers thereto and must be numbered and lettered as in the questionnaire hereto annexed. Each copy of the return shall bear the dates and signatures that appear in the original and shall be complete in itself; the signatures in the copy may be stamped or typed and the notarial seal may be omitted. Statement of the same facts in answer to two or more questions should generally be avoided, suitable reference being made where necessary.

In connection with applications for authority to acquire lines of railroad and to operate under contracts for joint use, questions clearly relating only to construction may be answered by the words "not applicable.'

The original return and nine copies for the use of the Commission, and two additional copies for each State in which is located any part of the lines to be constructed, acquired or operated, shall be filed with the Secretary of the Commission, Washington, D. C.*† 41.7 Return to questionnaire.

The

Company, having made application to the Interstate Commerce Commission, under section 1 (18) of the Interstate Commerce Act, for

(Here

state

in detail

the nature

of application)

which application is filed in the office of the Commission in Finance Docket No. hereby affirms that notice of the application has been published in the form prescribed by the Commission, at least once during each of three consecutive weeks, in the following newspapers:

Beginning
Beginning

**For statutory and source citations, see note to § 41.1.

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that said newspapers are of general circulation in each of the following counties of the States named:

(State)

(State)

(Counties)

(Counties)

which are all of the States and counties in which the proposed new line of railroad, or the line to be acquired or operated, would be situated; and that the newspaper clippings hereto attached contain true copies of the notice as published in said newspapers. The applicant also submits the following information required by the Commission :

1. The essential facts to show that the applicant is a carrier by railroad, engaged in the transportation of passengers or property, subject to the Interstate Commerce Act, or is a corporation organized to construct and operate a railroad. If not incorporated, so state, giving complete description of party or parties filing the application.

2. Whether the proposed new line of railroad would be both constructed and operated by the applicant.

3. Whether any corporation, individual, or trustee, holds control over the applicant at the date of filing this return. If so:

(a) The form of control, whether sole or joint, and whether in trust.

(b) The name and business address of the controlling corporation, individual, or trustee.

(c) The manner in which control was established.

(d) The extent of control.

(e) Whether control is direct or indirect; if indirect, the name and business address of the intermediary through which it was established and is exercised. (f) The name and business address of the beneficiaries for whom the trust, if any, is maintained.

(g) The purposes of the trust.

4. Whether the applicant is connected by stock ownership, or otherwise, with any industry to be served by the line proposed to be constructed, acquired, or operated. If so, state the facts.

5. The chief uses and purposes of the proposed line or operation.

6. The classes of service to be performed, as passenger, freight, express, and switching.

7. The kind of motive power to be used. If electric power, state source and estimated cost.

8. Whether the line proposed to be constructed, acquired, or operated would receive material revenue from the territory traversed, or serve any material public convenience and necessity of the local territory.

9. The name, area, and population of each county in which the line to be constructed or acquired would be located, and the name and population of each city, town and village at which a station would be or is established, together with its distance from a designated initial point, with the source of information as to population.

10. The names of places mentioned in paragraph 9 that are now served by common carrier railroads (excluding street railways), and the name of each such carrier serving the several places.

11. The names of the places mentioned in paragraph 9 that have no common carrier railroad service, the distance in miles of each such place from the nearest station on a common carrier railroad, the name of each such railroad and the character of the connecting highway.

12. The name and population of each city, town and village (together with State and county in which located), within the area to be served but not on the proposed route.

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