ICC Service Order 846
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ICC Order Concerning Coal-Fired Locomotives
The following comes from Daniel Seward's article about the Union Pacific Dent Branch in north-central Colorado, published in The Streamliner, Volume 19, Number 2, Spring 2002, page 18:
About this same time [January 1950] the ICC issued another edict (No. 846) stating that after mid-1950, all steam locomotives in passenger service had to be oil-fired, outlawing coal-burning power.
Bean counters at the AAR in Washington, DC, noted that the percentages of steam and diesel power had crossed each other at the 50% point in March [1952]. The same occurrence was recorded by UP's Motive Power Dept, in July 1953.
I was unaware of any order from the ICC concerning coal-fired steam locomotives vs. oil-fired steam locomotives, but such an order seemed extreme even for the strict regulators at the ICC.
Research suggests that Service Order 846, and its predecessors, were entirely temporary to protect the nation's railroads, especially the eastern roads, during the coal strike of 1949.
Coal Strike Service Orders
The following comes from the ICC 64th Annual Report, November 1, 1950, page 29:
Train service was seriously curtailed as a result of strikes in the bituminous coal industry. These strikes began on September 19, 1949, and full scale coal-mining operations were not resumed until March 6, 1950.
As a result of the interruption in the production of coal, four service orders were issued by the Commission to conserve the rapidly diminishing supply on the railroads, and one service order was issued to provide cars for the loading of railroad fuel.
Service Order No. 843, issued October 21, 1949, effective October 25, 1949, reduced the passenger mileage of coal-burning locomotives 25 percent on any railroad having 25 days' or less supply of coal. This order was vacated effective 11 :59 p. m., November 20, 1949, during the period in which the miners were working.
[From the 63rd Annual Report: When the coal strike began September 19 the railroads had on hand an average of 55 days' supply of fuel coal. We were advised October 21 that the reserve of some carriers had reached a dangerously low level and was interfering with the movement of trains. Because of this emergency we issued our Service Order No. 843, requiring each railroad operating coal-burning steam locomotives and having not more than 25 days' supply of fuel coal and no dependable source of supply to reduce its passenger locomotive miles requiring coal consumption to an amount 25 percent less than that under the operations of October 1, 1949. The order became effective at 11:59 p. m., October 25, 1949, and will continue until the same hour, December 25, 1949, unless its modification shall be warranted in the meantime.]
Service Order No. 844, issued November 23, 1949, effective December 24, 1949, provided for the placement of cars at mines for loading of railroad locomotive fuel for railroads having 9 days' or less supply on hand before the placement of cars to fill commercial orders. This order was vacated March 12, 1950.
Service Order No. 845, issued January 4, 1950, effective January 8, 1950, reduced by 33-1/3 percent the December 1, 1949, passenger mileage operated by coal-burning locomotives on railroads having 25 days or less supply of fuel on hand. The order was vacated February 10, 1950, when Service Order No. 846 became effective.
Service Order No. 846, issued February 8, 1950, effective February 10, 1950, further reduced passenger mileage of coal-burning locomotives to 50 percent of mileage operated on December 1, 1949. This order was vacated March 12, 1950.
Service Order No. 847, issued on February 8, 1950, effective February 10, 1950, reduced by 25 percent the freight mileage of coal-burning locomotives operated on that date. This order was vacated effective March 8, 1950.
Service Order No. 843
It appearing, that reserve stocks of railroad locomotive fuel coal have decreased; that some such reserves have reached a dangerously low level and are further decreasing; that the supply and movement of cars and trains and "car service" generally is impeded and interrupted by the lack of locomotive fuel coal; that the present production of bituminous coal is insufficient to relieve these conditions and adequately supply such fuel, and the Commission being of the opinion that an emergency exists requiring immediate action in all sections of the country It is ordered, that:
Section 95.843 Restrictions an coal-burning passenger service locomotive mileage.
(a) Reduction in passenger locomotive mileage. On and after the effective date of this order, any common carrier by railroad operating coal-burning steam locomotives and having 25 or less days supply of fuel coal for such locomotives and not having available a dependable source of supply of coal, shall reduce its coal-burning passenger locomotives miles to an amount of 25% less than it operated such cool-burning passenger locomotives on October 1, 1949.
(b) Application. (1) The provisions of this section shall apply to intrastate commerce, as well as interstate and foreign commerce.
(2) The provisions of this section shall apply to coal-burning passenger locomotive operation commencing on and after the effective date hereof.
(c) Effective date. This section shall become effective at 11:59 p. m., October 25, 1949.
(d) Expiration date. This section shall continue in effect until 11:59 p. m., December 25,1949, unless otherwise modified, changed, suspended or annulled by order of the Commission.
(e) Rules, regulations, and practices suspended. The operation of all rules, regulations, and practices insofar as they conflict with the provisions of this section, is hereby suspended.
By the Commission, Division 3.
Filed, Oct. 25, 1949
This is the content for Layout P Tag
Service Order No. 845
It appearing, that reserve stocks of railroad locomotive fuel coal have decreased; that some such reserves have reached a dangerously low level and are further decreasing; that the supply and movement of cars and trains and "car service" generally is impeded and interrupted by the lack of locomotive fuel coal; that the present production of bituminous coal is insufficient to relieve these conditions and adequately supply such fuel, and the Commission being of the opinion that an emergency exists requiring immediate action in all sections of the country It is-ordered, that:
Section 95.845 Restrictions on coal-burning passenger service locomotive mileage.
(a) Reduction in passenger locomotive mileage. On and after the effective date of this section, any common carrier by railroad operating coal-burning steam locomotives and having 25 or less days supply of fuel coal for such locomotives and not having available a dependable source of supply of coal, shall reduce its coal-burning passenger locomotives miles to an amount of 33-1/3% less than it operated such coal-burning passenger locomotives on December 1,1949.
(b) Application. (1) The provisions of this section shall apply to intrastate commerce, as well as Interstate and foreign commerce.
(2) The provisions of this section shall apply to coal-burning passenger locomotive operation commencing on and after the effective date hereof.
(c) Effective date. This section shall become effective at 11:59 p. m., January 8, 1950.
(d) Expiration date. This section shall continue in effect until 11:59 p. m., March 8, 1950, unless otherwise modified, changed, suspended or annulled by order of the Commission.
(e) Rules, regulations, and practices suspended. The operation of all rules, regulations, and practices insofar as they conflict with the provisions of this section, is hereby suspended.
By the Commission, Division 3.
Filed, Jan. 6, 1950
Service Order No. 845-A
Upon further consideration of Service Order No. 845 (15 F. R. 62) and good cause appearing therefor: It is ordered, That:
Section 95.845 Restrictions on coal-burning passenger service locomotive mileage (Service Order 845) be and it is hereby, vacated and set aside.
By the Commission, Division 3.
Filed, Feb. 10, 1550;
Service Order No. 846
It appearing, that reserve stocks of railroad locomotive fuel coal have decreased; that some such reserves have reached a dangerously low level and are further decreasing; that the supply and movement of cars and trains and "car service" generally is impeded and interrupted by the lack of locomotive fuel coal; that the present production of bituminous coal is insufficient to relieve these conditions and adequately supply such fuel, and the Commission being of the opinion that an emergency exists requiring immediate action in all sections of the country; It is ordered, that:
Section 95.846 Restrictions on coal-burning passenger service locomotive mileage.
(a) Reduction in passenger locomotive mileage. On and after the effective date of this section, no common carrier by railroad, subject to the Interstate Commerce Act, operating coal-burning steam locomotives in passenger service, shall operate such coal-burning steam locomotives in passenger service daily in an amount in excess of 50% of such daily mileage as it operated on December 1, 1949.
(b) Application. (1) The provisions of this section shall apply to intrastate commerce, as well as interstate and foreign commerce.
(2) The provisions of this section shall apply to coal-burning passenger locomotive operation commencing on and after the effective date hereof.
(c) Effective date. This section shall become effective at 11:59 p. m., February 10, 1950.
(d) Expiration date. This section shall continue m effect until 11:59 p. m., March 30, 1950, unless otherwise modified, changed, suspended or annulled by order of the Commission.
(e) Rules, regulations, and practices suspended. The operation of all rules; regulations, and practices insofar as they conflict with the provisions of this section, is hereby suspended.
By the Commission, Division 3.
Filed, Feb. 10, 1950;
Service Order No. 847
It appearing, that reserve stocks of railroad locomotive fuel coal have decreased; that some such reserves have reached a dangerously low level and are further decreasing; that the supply and movement of cars and trains and "car service" generally is impeded and interrupted by the lack of locomotive fuel coal; that the present production of bituminous coal is insufficient to relieve these conditions and adequately supply such fuel, and the Commission being of the opinion that an emergency exists requiring immediate action in all sections of the country- It is ordered, that:
Section 95.847 Restrictions on use of coal-burning freight locomotives.
(a) Reduction in freight locomotive mileage. No common carrier by railroad subject to the Interstate Commerce Act shall operate a daily total coal-burning freight locomotive mileage in road service in excess of 75 percent of the total coal-burning freight locomotive mileage operated by it in road haul service on February 8,1950, except that coal-burning freight locomotives in coal mine service may be operated in addition to the reduction above ordered.
(b) Conservation of locomotive fuel coal. Each common carrier subject to the Interstate Commerce Act operating coal-burning freight locomotives is authorized and directed insofar as is possible in carrying out its common carrier duties, and in accordance with its operating conditions, to operate full tonnage trains, issue necessary embargoes to conduct its operations, and take such other measures as are possible to conserve the use of locomotive fuel coal.
(c) Application. (1) The provisions of this section will apply to intrastate commerce as well as interstate and foreign commerce.
(2) The provisions of this section shall apply to coal-burning freight locomotive operation commencing on and after the effective date hereof.
(d) Effective date. This section shall become effective at 11:59 p. m., February 10, 1950.
(e) Expiration date. This section shall continue in effect until 11:69 p. m" March 30, 1950, unless otherwise modified, changed, suspended or annulled by order of the Commission.
(f) Rules, regulations, and practices suspended. The operation of all rules, regulations, and practices insofar as they conflict with the provisions of this section, is hereby suspended.
By the Commission, Division 3.
Filed, Feb. 10, 1950
Additional Comments
The following comes from "Decisions of the Interstate Commerce Commission," Volume 278, April to September 1950, page 738 [278 ICC 738]:
Lydia Heflin V. Baltimore & Ohio Railroad Company
Submitted July 5, 1950; Decided August 18, 1950
1. Service orders restricting coal-burning passenger-service locomotive mileage during periods of national emergency found to be in accord with the national transportation policy and fully authorized by statute.
2. Temporary suspension by defendant of two coal-burning passenger trains, one in each direction dally, except Sunday, from October 25, 1949, to March 10, 1950, between Brunswick, Maryland, and Washington, D. C., found not unreasonable or unduly prejudicial. Complaint dismissed.
[excerpts]
Service Orders Nos. 843 and 845 were issued on October 21, 1949, and January 4, 1950, respectively. Order No. 843 recited that reserve stocks of railroad locomotive-fuel coal had decreased so that reserves at the time were dangerously low and were further decreasing; that the supply and movement of cars and trains, and "car service" generally, were impeded and interrupted by the lack of locomotive-fuel coal; that the production of bituminous coal was insufficient to relieve such conditions and adequately supply such fuel: and that in the opinion of the division an emergency then existed requiring immediate action in all sections of the country. Accordingly, the order provided that, effective 11: 59 p. m., October 25, 1949, the operation of all rules, regulations, and practices of carriers insofar as they conflicted with the provisions of the order were suspended, and any common carrier by railroad operating coal-burning steam locomotives and having 25 days' supply or less of fuel coal for such locomotives, and not having available a dependable source of supply of coal, was required to reduce its coal-burning passenger-locomotive miles to 25 percent less than had been operated by such coal-burning passenger locomotives on October 1, 1949.
As a consequence of Order No. 843, the defendant [B&O] ceased operating its local commuter trains Nos. 177 and 178 on its Brunswick line. The order was vacated and set aside as of 11: 59 p. m., November 29, 1949, by Service Order No. 843-A, and the two local commuter trains were restored to service on the following day.
This service between Brunswick and Washington was continued thereafter on a daily except Sunday schedule, as formerly, up to January 8, 1950, the effective date of Service Order No. 845. On that date, trains Nos. 177 and 178 were again discontinued between Brunswick and Washington. The latter order contained a similar emergency preamble and embodied the same conditions as order No. 843. except that it required a reduction in the coal-burning steam locomotive miles of 33-1/3 percent below those operated on December 1, 1949.
On February 8, 1950, subsequent to the hearing, order No. 845 was vacated as of 11:59 p. m., February 10,1950. In lieu thereof, Division 3 contemporaneously issued Service Order No. 846, which increased the curtailment of coal-burning passenger-locomotive miles to 50 percent of that operated on December 1, 1949. The latter order resulted in the discontinuance of certain trains on the route to, from, and beyond Baltimore, in addition to those discontinued under the prior service orders.[1] Effective March 5, 1950, by an amendment to order No. 846, the 50-percent curtailment was increased to 65 percent. On March 6, 1950, the coal strike was settled. A further modification of order No. 846, effective March 10, reduced the curtailment in service to 25 percent, and on March 12, 1950, this order was vacated. Since an adequate supply of coal was assured by the settlement of the strike, defendant on March 10 restored all normal passenger service on the Brunswick line.
On February 20, 1950, defendant filed a motion praying that the complaint be dismissed on the following grounds: That the issues under the original complaint concerning the period covered by order No. 843 became moot upon restoration of the service after that order had been vacated on November 20, 1949; that the issues relating to the period covered by order No. 845, raised by the amendment to the complaint, likewise became moot upon the issuance of order No. 846; that the discontinuance under the latter order of additional trains operating between Washington and Baltimore and beyond Baltimore, removed the basis for complainant's section 3 allegation; and that the attack upon the 50 percent service curtailment on the Brunswick line in excess of that required under order Nos. 843 or 845 was nullified by the required 50-percent curtailment under order No. 846. By petition filed March 21, 1950, defendant again sought a dismissal of the complaint for the reasons aforementioned, and upon the additional ground that restoration of the service by defendant upon the settlement of the strike satisfied the issues. Complainant opposed the motion and the petition, contending that they are entitled to a determination of the issues relating to the quantum of the available service over the Brunswick route while the trains in question were discontinued and the alleged unlawful discrimination or prejudice caused by the discontinuance of those trains. Mere restoration of service does not satisfy issues relating to periods prior thereto. As stated by the Supreme Court in Southern Pac. Term. Co. v. Interstate Commerce Commission, 219 U. S. 498, at page 516, the proceeding is not moot because of the likely repetition of the issuance of similar service orders from time to time and the necessity or propriety of deciding the question presented for future guidance. The motion is overruled and the petition denied.
[1] The trains discontinued under Service Order No. 846 were Nos. 144, 150, and 152 eastbound. 145 and 158 west-bound, between Washington and Baltimore; No. 35 from Wayne Junction, Pennsylvania, to Washington; and No. 30 from Washington to Philadelphia, Pa.
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