B-129835, MAY 14, 1957

B-129835, MAY 14, 1957

TO AUDITOR OF FREIGHT TRAFFIC, THE PENNSYLVANIA RAILROAD COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 21, 1956, FILE 149 8/148677, REQUESTING FURTHER CONSIDERATION OF THE DECISION OF DECEMBER 10, 1956 (B- 129835), WHICH SUSTAINED THE DISALLOWANCE OF YOUR CLAIM FOR ADDITIONAL AMOUNTS ON THREE SHIPMENTS DESCRIBED ON BILLS OF LADING NOS. WT-9156466, WT-9156432, AND WT-9156431 AS 100, 85, AND 82 "CS METAL PLANE PARTS," AND ONE SHIPMENT DESCRIBED ON BILL OF LADING NO. WT-9156294 AS "81 CS MILITARY IMPEDIMENTA.' THESE SHIPMENTS WERE TRANSPORTED FROM THE PORT OF NEWARK, NEWARK, NEW JERSEY, TO THE MIDDLETOWN AIR DEPOT, OLMSTED FIELD, MIDDLETOWN, PENNSYLVANIA, DURING AUGUST 1944.

SPECIFICALLY, YOU QUESTION THE USE OF THE RATING OF CLASS 37 1/2, CARLOAD MINIMUM WEIGHT 40,000 POUNDS--- PROVIDED IN ASSOCIATION OF AMERICAN RAILROADS SECTION 22 QUOTATION NO. 487 FOR APPLICATION ON "UNCLASSIFIED AND UNSEGREGATED SALVAGED AND SURPLUS EQUIPMENT AND SUPPLIES * * * RETURNED FROM OVERSEAS"--- ON THE SUBJECT SHIPMENT.

YOUR CLAIM APPARENTLY IS BASED ON A RATING ON AIRPLANE PARTS, N.O.I.B.N. (NOT OTHERWISE INDEXED BY NAME IN THE CLASSIFICATION), OF 1 1/4 TIMES FIRST CLASS, SUBJECT TO A MINIMUM CARLOAD WEIGHT OF 10,000 POUNDS. THREE OF THE SUBJECT SHIPMENTS WERE SHOWN ON THE BILLS OF LADING AS CONSISTING OF 41,300, 34,500, AND 19,700 POUNDS, RESPECTIVELY, OF "METAL PLANE PARTS," AND THE SHIPMENTS WERE LOADED IN CARS 40 FEET 6 INCHES IN LENGTH. IT IS TO BE NOTED THAT THE DESCRIPTION USED IN CONNECTION WITH THESE SHIPMENTS WAS NOT FOLLOWED BY THE LETTERS NOIBN (NOT OTHERWISE INDEXED BY NAME IN THE CLASSIFICATION). THE ABSENCE OF THAT ABBREVIATION SEEMS TO BE ESPECIALLY PERTINENT IN THIS CASE.

THERE ARE MANY "METAL PLANE PARTS" SUCH AS ENGINES, PUMPS, ELECTRICAL SYSTEMS, PIPES, ANGLES, BEAMS, ETC., WHICH ARE EXCLUDED FROM THE "AIRPLANE PARTS, NOIBN," RATING IN THE CLASSIFICATION BECAUSE OF THEIR SPECIFIC RATINGS IN THE CLASSIFICATION. IN VIEW OF THE DESCRIPTION AND WEIGHT OF THESE SHIPMENTS, AND CONSIDERING THE PURPOSE FOR WHICH SECTION 22 QUOTATION NO. 487 WAS NEGOTIATED, THE RATING PROVIDED THEREIN APPEARS TO BE APPLICABLE ON THESE SHIPMENTS.

CONCERNING THE SHIPMENT DESCRIBED ON BILL OF LADING NO. WT-9156294 AS "81 CS MILITARY IMPEDIMENTA," WEIGHING 33,000 POUNDS, IT SEEMS THAT THIS CLASSIFICATION RATING WAS ESTABLISHED ORIGINALLY TO COVER MISCELLANEOUS CAMP EQUIPMENT TRANSPORTED IN CONNECTION WITH TROOP MOVEMENTS. THUS, MILITARY IMPEDIMENTA IS BY NATURE A COLLECTION OF MISCELLANEOUS ARTICLES. THE LISTING OF THIS SHIPMENT OF IMPEDIMENTA IN THE ADMINISTRATIVE SURVEY IN ORDER TO OBTAIN THE BENEFIT OF THE RETROACTIVE PROVISIONS OF THE CHEAPER RATE CONTAINED IN SECTION 22 QUOTATION NO. 487 IS AN INDICATION THAT SHIPMENTS OF SUCH A NATURE WERE CONTEMPLATED IN THE NEGOTIATIONS LEADING UP TO THE PUBLICATION OF THE RETROACTIVE FEATURES OF THE AGREEMENT.

WHILE THIS OFFICE IS NOT IN POSSESSION OF THE RECEIVING REPORTS OR TALLY- OUT SHEETS ON THESE SHIPMENTS, THE BILLS OF LADING ON WHICH THESE FOUR SHIPMENTS WERE TRANSPORTED ARE INCLUDED IN A LIST OF BILLS OF LADING TRANSMITTED TO OUR OFFICE BY THE DEFENSE DEPARTMENT ON JULY 3, 1945, AS COVERING SHIPMENTS OF "UNCLASSIFIED AND UNSEGREGATED SALVAGED AND SURPLUS EQUIPMENT AND SUPPLIES * * * RETURNED FROM OVERSEAS," AND AS SUCH ARE ENTITLED TO THE SPECIAL RATES PROVIDED IN ASSOCIATION OF AMERICAN RAILROADS SECTION 22 QUOTATION NO. 487.' SINCE THIS OFFICE HAS NO INDEPENDENT KNOWLEDGE OF THE CONTENTS OF THE CASES OF MATERIAL COMPRISING THESE SHIPMENTS, IT MUST OF NECESSITY ACCEPT THE REPORT OF THE ADMINISTRATIVE OFFICE CONCERNED ON SUCH MATTERS, IN THE ABSENCE OF EVIDENCE SUFFICIENT TO REBUT THAT REPORT.