B-129821, JUL. 8, 1959

B-129821, JUL. 8, 1959

TO THE ILLINOIS CENTRAL RAILROAD COMPANY:

REFERENCE IS MADE TO YOUR BILL NO. AFR-23911-B, FOR $251.76, REPRESENTING AN ADDITIONAL AMOUNT CLAIMED TO BE DUE FOR THE TRANSPORTATION OF A FREIGHT AUTOMOBILE FROM WEST CARTERET, NEW JERSEY, TO NEW ORLEANS, LOUISIANA, UNDER GOVERNMENT BILL OF LADING NO. WY 731096, DATED AUGUST 27, 1952.

THE CLAIMED AMOUNT WAS DEDUCTED BY US FROM AMOUNTS OTHERWISE DUE YOU ON YOUR BILLS AFR-43769 AND AFR-57004, AND YOUR SUPPLEMENTAL BILLING ON YOUR BILLS AFR-23911-B, IN EFFECT, IN A REQUEST FOR RECONSIDERATION OF OUR DECISION B-129821, DATED DECEMBER 3, 1957, WHEREIN THE BASIS FOR OUR ACTION WAS EXPLAINED TO YOU IN DETAIL, AS FOLLOWS:

"UPON FURTHER EXAMINATION OF THE MATTER OF THE ALLOWABLE CHARGES ON THIS SHIPMENT, WE HAVE CONCLUDED THAT THE CHARGES FOR THIS SERVICE ARE PROPERLY GOVERNED BY THE INTERSTATE COMMERCE COMMISSION DOCKET 28300 CLASS RATES. ITEM NO. 46510 OF TRUNK LINE TARIFF BUREAU FREIGHT TARIFF NO. 141-B ESTABLISHES EXCEPTIONS TO THE CLASSIFICATION BASIS OF MINIMUM WEIGHTS ON FREIGHT AUTOMOBILES, BUT DOES NOT SHOW ANY CLASSIFICATION RATINGS THEREFOR. THIS TARIFF PROVIDES IN RULE 2 THAT IF NO RATING FOR AN ARTICLE IS SHOWN IN THE EXCEPTIONS, THE RATING IN THE SOUTHERN CLASSIFICATION WILL APPLY. BEFORE MAY 30, 1952, SECTION 1 OF TRUNK LINE TERRITORY TARIFF BUREAU TARIFF NO. 44-I PROVIDED THAT THE NAMED RATE BASE NUMBERS WOULD ALSO APPLY WHERE THE APPLICABLE RATING IS PUBLISHED IN THE SOUTHERN CLASSIFICATION AND THE APPLICABLE CARLOAD MINIMUM WEIGHT IS PUBLISHED IN THE EXCEPTIONS TO THE SOUTHERN CLASSIFICATIONS. HOWEVER, WITH THE ADVENT OF THE UNIFORM CLASSIFICATION AND THE DOCKET 28300 SCALE OF RATES IN MAY 1952, THIS PROVISION WAS OMITTED IN SUPPLEMENT NO. 179 OF THE TARIFF. SECTION 1, AS AMENDED, PROVIDED THAT THE RATE BASE NUMBERS APPLIED:

"WHERE APPLICABLE RATING IS PUBLISHED IN EXCEPTIONS TO SOUTHERN CLASSIFICATION, TO THE EXTENT PROVIDED FOR IN ITEM NO. 5 OF TARIFF, SUBJECT TO APPLICABLE RULES AND OTHER PROVISIONS IN EXCEPTIONS TO SOUTHERN CLASSIFICATION AND TO APPLICABLE RULES AND OTHER PROVISIONS, EXCEPT RATINGS, IN SOUTHERN CLASSIFICATION.'

SINCE NO RATING IS PUBLISHED FOR FREIGHT AUTOMOBILES IN ITEM NO. 46510 OF THE EXCEPTIONS TO THE SOUTHERN CLASSIFICATIONS FREIGHT TARIFF NO. 141-B, THE RATE BASE NUMBERS NAMED IN TARIFF NO. 44-I CANNOT BE USED TO COMPUTE THE APPLICABLE CHARGES. THE CHARGES WILL BE COMPUTED ON THE BASIS OF THE DOCKET 28300 CLASS RATES NAMED IN TRUNK LINE TERRITORY TARIFF BUREAU FREIGHT TARIFF NO. E/S 1008, AND AN AMENDED NOTICE OF OVERPAYMENT REFLECTING IN DETAIL THIS NEW BASIS WILL BE SENT TO YOU.'

THE SUBSTANCE OF THE FOREGOING IS THAT, WITH THE EFFECTIVE DATE OF SUPPLEMENT NO. 179 TO TRUNK LINE TERRITORY TARIFF BUREAU TARIFF NO. 44 I, THE RATES IN THAT TARIFF APPLIED ONLY WHEN THE APPLICABLE RATING WAS NAMED IN EXCEPTIONS TO THE SOUTHERN CLASSIFICATION.

THE DEDUCTIONS AGGREGATING $251.76, FROM YOUR BILLINGS ON THIS SHIPMENT APPEAR TO HAVE BEEN COMPUTED IN ACCORDANCE WITH THE TARIFF DETERMINED TO BE PROPER FOR APPLICATION IN OUR DECISION OF DECEMBER 3, 1957, AND SINCE YOU HAVE PRESENTED NO NEW OR MATERIAL EVIDENCE SUCH AS WOULD JUSTIFY A MODIFICATION OR REVERSAL OF OUR PRIOR ACTION IN THIS MATTER, THE SAID DECISION, AND OUR ..END :