FINDINGS We find that the rate charged on the considered shipments was inapplicable, that the applicable rate for shipments prior to August 19, 1967, was $14.56; and the applicable rate for shipments moving after that date should be computed in the manner indicated in this report with the addition of the applicable ex parte increases. We further find that the claims for overcharges on the shipments embraced in the complaint were filed before the expiration of 3-year period found in section 16(3)(c) of the act. Since our findings pertain only to the question of applicability, no order for the future is necessary. The complaint should comply with rule 100 of the General Rules of Practice (49 CFR 1100.100). We further find that this decision is not a major Federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969. Oklahoma intrastate freight rates and charges found to cause unjust discrimination against, and undue burden on, interstate commerce. Basis for removal thereof prescribed. 29 1974 Harvey Huston, Don McDevitt, Joe C. Crawford, Robert E. Zimmerman, Robert H. Stahlheber, Dickson M. Saunders, J. P. Simpson, and W. B, Kopper for respondents. Charles O. Ham, Jr., for The Corporation Commission of the State of Oklahoma. A. S. Bonney, R. L. Davidson, Jr., Thomas N. McAfee, and J. L. McLendon for protestants. DECISION AND ORDER At a Sesssion of the INTERSTATE COMMERCE COMMISSION, Upon consideration of the record in the above-entitled proceeding, including the report and recommended order of the Administrative Law Judge, the exceptions there to filed by the Ideal Cement Company, the "Oklahoma Glass Industry," and the State of Oklahoma Corporation Commission, protestants herein, and the reply of the respondent rail carriers; It appearing, That the Administrative Law Judge found that the burden cast upon interstate commerce by the present Oklahoma intrastate freight rates and charges is undue to the extent that such intrastate rates and charges are less than they would be on the basis set forth in his report; that such intrastate rates and charges cause, and for the future will cause, undue, unreasonable, and unjust discrimination against, and undue burden on, interstate commerce; and that such unlawfulness should be removed by applying to the Oklahoma intrastate rates and charges the increases which are maintained by respondents on like interstate traffic between points in Oklahoma and points in adjoining States, as authorized in Ex Parte No. 256, Ex Parte No. 259, Ex Parte No. 262, Ex Parte No. 265, and Ex Parte No. 267; It appearing, That the exceptions do not show any material errors in the Administrative Law Judge's statement and evaluation of the facts, conclusions of law or findings, nor do they raise any material matters of fact or law not adequately considered and properly disposed of by him in his report, and are not of such a nature as to require the issuance of a report by Review Board Number 4 discussing the evidence submitted and the arguments advanced by the parties in light of such exceptions; It further appearing, That the Administrative Law Judge adequately and properly considered the possible environmental effects of the proposed action; that there is an annual rail movement of iron and steel scrap in excess of 26 million tons; that a significant portion of that tonnage moves at a level of interstate rates and charges that is in excess of the level of the Oklahoma intrastate rates; that there is no basis for concluding that the considered increase in the latter rates will hamper the flow of scrap metal from the local dealers to the steel mills or other consumers; and that the authorization of the increases in the intrastate rates is not a major Federal action which will significantly affect the quality of our human environment, within the meaning of the National Environmental Policy Act of 1969; It further appearing, That on March 17, 1972, the Price Commission issued revised regulations amending Part 300 of Title 6 CFR, as published in the Federal Register Volume 37, at page 5701, March 18, 1972, exempting from the reporting requirements of that section increases in prices of regulated public utilities, provided such increases did not increase the aggregate annual revenues by more than 1, percent; It further appearing, That on July 13, 1972, the Commission entered revised regulations in Ex Parte No. 280, Special Procedures for Tariff Filings under the Wage and Price Stablization Program, which were approved by the Price Commission on that date, pursuant to the provisions of 6 CFR (300.16 a(d)); and that section 1311.0(c) of those procedures provides that the Commission shall find in any case in which an order is entered that every increase meets the criteria set forth in paragraphs (1) through (5) of that section; It further appearing, That the said increases authorized in Ex Parte Nos. 256, 259, 262, 265, and 267 have been in effect on interstate rates prior to the initiation of price and wage controls under the Economic Stabilization Act of 1970; that it has been |