B-146498, DEC. 14, 1961

B-146498, DEC. 14, 1961

TO PANHANDLE AND SANTA FE RAILWAY COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF JULY 19, 1961, WITH ENCLOSURE, FILE NO. 105260-GA, ACKNOWLEDGED JULY 28, 1961, AND SUBSEQUENT CORRESPONDENCE, REQUESTING REVIEW OF OUR SETTLEMENT DATED JUNE 26, 1961, WHICH DISALLOWED YOUR CLAIM FOR AN ADDITIONAL ALLOWANCE OF $376.56 IN CONNECTION WITH THE TRANSPORTATION OF IRON BODY GATE VALVES FROM BIRMINGHAM, ALABAMA, TO BUTLER (CUSTER COUNTY), OKLAHOMA, UNDER GOVERNMENT BILLS OF LADING NOS. I- 271450 AND I-271451 DATED MARCH 24, 1959.

FOR THE SERVICES PERFORMED, YOU CLAIMED AND WERE PAID THE AMOUNTS OF $948.44 AND $1,106.95 UNDER BILLS OF LADING I-271450 AND I-271451, RESPECTIVELY, COMPUTED, IN EACH CASE, ON THE ACTUAL WEIGHTS AT THE CLASS- 30 EXCEPTION RATE OF $1.31 PER 100 POUNDS. IN OUR AUDIT OF THE PAYMENT VOUCHER, THOSE CHARGES WERE DETERMINED TO BE CORRECT. BY LETTER DATED SEPTEMBER 6, 1960, YOU SUBMITTED YOUR SUPPLEMENTAL BILL NO. 105260-GA TO THE BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR, WASHITA BASIN PROJECT, CLINTON, OKLAHOMA, CLAIMING ADDITIONAL CHARGES OF $376.56, AND THAT INSTALLATION TRANSMITTED YOUR CLAIM TO OUR TRANSPORTATION DIVISION FOR DIRECT SETTLEMENT. AFTER CAREFUL CONSIDERATION YOUR CLAIM WAS DISALLOWED BY THE SETTLEMENT OF JUNE 26, 1961, INASMUCH AS THE COMBINATION RATE CLAIMED WAS NOT APPLICABLE BECAUSE THERE WAS A JOINT THROUGH RATE APPLICABLE VIA THE ROUTING SPECIFIED ON THE BILLS OF LADING.

THE ROUTE SPECIFIED ON THE GOVERNMENT BILLS OF LADING INVOLVED IS AS FOLLOWS: ,SOUTHERN-STLSW-TRRA-MKT-AT AND SF-P AND SF.' YOUR CLAIM FOR ADDITIONAL FREIGHT CHARGES IS BASED ON A COMBINATION OF RATES MADE OVER STAFFORD, OKLAHOMA, USING SOUTHWESTERN LINES FREIGHT TARIFFS NOS. SW/S 2007-B AND SW/S 1007 TO STAFFORD AND SOUTHWESTERN LINES FREIGHT TARIFFS NOS. 2004 AND 1004 FROM STAFFORD TO BUTLER. IN OUR AUDIT WE ALSO USED SOUTHWESTERN LINES FREIGHT TARIFFS NOS. SW/S 2007-B AND SW/S 1007, I.C.C. NOS. 4302 AND 4000, RESPECTIVELY. THUS, THE SOLE ISSUE IN DISPUTE IS WHETHER THERE IS A JOINT THROUGH RATE APPLICABLE VIA THE ROUTE SPECIFIED BY THE SHIPPER ON THE BILLS OF LADING.

THE THROUGH ONE FACTOR RATE OF $1.31 PER 100 POUNDS ORIGINALLY CLAIMED AND APPLIED TO THE SHIPMENTS IN OUR AUDIT IS BASED UPON A CLASS-30 EXCEPTIONS RATING WHICH IS AUTHORIZED IN ITEM 1010 OF THE CITED TARIFF NO. SW/S 2007-B, AND IS PUBLISHED IN THE CITED TARIFF NO. SW/S 1007. ROUTING ITEM 1000 OF TARIFF NO. SW/S 1007 AUTHORIZES ROUTING PUBLISHED IN SOUTHWESTERN LINES FREIGHT TARIFF NO. 222-E, I.C.C. NO. 4288. THE LATTER TARIFF PROVIDES ROUTING FROM BIRMINGHAM, ALABAMA (GROUP 68), THROUGH THE ST. LOUIS, MISSOURI, GATEWAY (NO. 20), TO BUTLER (CUSTER COUNTY), OKLAHOMA (INDEX 12345). IN THIS CONNECTION, ITEM 430 OF THE TARIFF PROVIDES THAT BETWEEN THE ST. LOUIS GATEWAY (NO. 20), ON GATEWAY CARRIER MISSOURI-KANSAS -TEXAS RAILROAD COMPANY, AND STATIONS ON THE PANHANDLE AND SANTA FE RAILWAY COMPANY, ROUTES NOS. T-710 AND T-711 ARE APPLICABLE. ROUTE NO. T- 110 HAS NO BEARING ON THE SITUATION HERE INVOLVED. ROUTE NO. T-711 IS EXPLAINED IN SECTION 3 ON PAGE 373, AND PARAGRAPH (D) THEREOF INDICATES THAT A SHIPMENT MAY MOVE FROM BIRMINGHAM, ALABAMA (GROUP 68), THROUGH THE ST. LOUIS GATEWAY (NO. 20), TO KANSAS CITY, MISSOURI, VIA THE GATEWAY CARRIER, MISSOURI-KANSAS-TEXAS, THENCE TO CLINTON, OKLAHOMA, VIA THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, THENCE VIA THE PANHANDLE AND SANTA FE TO BUTLER (CUSTER COUNTY), OKLAHOMA (INDEX 12345). ROUTING RESTRICTIONS WERE FOUND TO THE ROUTE VIA WHICH THE SHIPMENTS MOVED TO THE ST. LOUIS GATEWAY AND, ACCORDINGLY, IT APPEARS ROUTING REQUIREMENTS UNDER THE APPLICABLE TARIFFS HAVE BEEN MET.

YOU URGE THAT THE FIRST NAMED INTERCHANGE POINT BETWEEN THE ORIGIN CARRIER, SOUTHERN RAILWAY COMPANY, AND THE ST. LOUIS SOUTHWESTERN RAILWAY COMPANY IS EAST ST. LOUIS, ILLINOIS AND, THEREFORE, ST. LOUIS SOUTHWESTERN WAS THE GATEWAY CARRIER OUT OF EAST ST. LOUIS. UNDER SUCH A ROUTE THE THROUGH ONE-FACTOR RATE WOULD NOT APPLY AND THE PROPER CHARGES WOULD BE FOR COMPUTATION ON THE BASIS OF A STAFFORD, OKLAHOMA, COMBINATION. HOWEVER, THE EFFECTIVE OFFICIAL RAILWAY EQUIPMENT REGISTERS, VOLUME LXXIV, NOS. 3 AND 4, DATED JANUARY AND APRIL 1959, RESPECTIVELY, SHOW MEMPHIS, TENNESSEE, AS A FREIGHT CONNECTION BETWEEN THE SOUTHERN RAILWAY COMPANY AND THE ST. LOUIS AND SOUTHWESTERN RAILWAY COMPANY. MOREOVER, YOUR FREIGHT BILLS NOS 30002 AND 30003 COVERING THE TWO SHIPMENTS IN QUESTION SHOW THAT THE SOUTHERN RAILWAY COMPANY, THE ORIGIN CARRIER, ACTUALLY INTERCHANGED WITH THE ST. LOUIS AND SOUTHWESTERN RAILWAY COMPANY AT MEMPHIS, TENNESSEE. ACCORDINGLY, THE THROUGH RATE UTILIZED VIA THE ROUTING SPECIFIED ON THE BILLS OF LADING WAS PROPER AND THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.