Peninsula Air Delivery v. United States of America and Interstate Commerce Commission

This appeal presents two questions: (1) whether the decision of the Interstate Commerce Commission (ICC) to issue a certificate of registration to Blue Ribbon Express (BR) was supported by the record; and (2) whether the procedure followed complied with the Interstate Commerce Act. We affirm the Commission’s issuance of the certificate of registration.

FACTS

In 1976, Blue Ribbon Express (BR) applied to the California Public Utilities Commission (CPUC) and the ICC for a certificate of registration under § 206(a)(6) of the Interstate Commerce Act. 49 U.S.C. § 306 (a)(6). Peninsula Air Delivery (PAD), a competitor, opposed its application.

Section 206(a)(6) provides a streamlined certification procedure for motor carriers engaging in interstate commerce incidental to their intrastate operations. The carrier’s application is considered initially by the appropriate state agency. If it decides to authorize the incidental interstate operation, it must recite in the record that: (1) notice by publication in the Federal Register was given to interested persons; (2) they had a reasonable opportunity to be heard; (3) it “duly considered the question of the proposed interstate and foreign…