B-145321, JAN. 16, 1962
Highlights
WE HAVE RECONSIDERED CAREFULLY SUPPLEMENTAL BILL NO. 44-60 B.D. IT IS EVIDENT THAT THE WRITTEN NOTICE (SUPPLEMENT 1) ISSUED OCTOBER 1. WAS OF INDEFINITE DURATION. SINCE NO TIME LIMIT WAS SPECIFIED. I.C.C. 49 WAS EFFECTIVE THROUGH NOVEMBER 7. THAT THE RATE OF 198 CENTS PER 100 POUNDS CONTAINED THEREIN UNDER PARAGRAPH 3D (A) WAS APPLICABLE TO THIS SHIPMENT TRANSPORTED ON NOVEMBER 4. IS AFFIRMED.
B-145321, JAN. 16, 1962
TO JONES TRUCK LINES, INC.:
AS REQUESTED IN YOUR LETTER OF DECEMBER 14, 1961, WE HAVE RECONSIDERED CAREFULLY SUPPLEMENTAL BILL NO. 44-60 B.D. (FREIGHT BILL NO. 167070 THROUGH 167078) FOR ADDITIONAL FREIGHT CHARGES OF $199.30 DISALLOWED IN OUR SETTLEMENT OF FEBRUARY 28, 1961.
YOUR SPECIFIC QUESTION AS TO HOW THE ISSUANCE OF A SUPPLEMENT TO A TARIFF (A TENDER) MAY EXTEND ITS APPLICATION FOR USE IN THIS PARTICULAR SHIPMENT MAY BE ANSWERED BY AN EXAMINATION OF TENDER NO. I.C.C. 49. PARAGRAPH 9 OF THE TENDER CONTAINS A PROVISION FOR WRITTEN NOTICE BY EITHER PARTY OF NOT LESS THAN THIRTY DAYS FOR CANCELLATION OR MODIFICATION. IT IS EVIDENT THAT THE WRITTEN NOTICE (SUPPLEMENT 1) ISSUED OCTOBER 1, 1959, CONSTITUTED A MODIFICATION WITHIN THE TERMS OUTLINED IN PARAGRAPH 9 OF THE TENDER. THIS MODIFICATION THEN EXTENDED THE ORIGINAL TERMS OF TENDER I.C.C. NO. 49 THROUGH NOVEMBER 7, 1959, AND THE TENDER, AS AMENDED, WAS OF INDEFINITE DURATION, SINCE NO TIME LIMIT WAS SPECIFIED.
ACCORDINGLY, WE REACH THE CONCLUSION THAT THE ORIGINAL TENDER NO. I.C.C. 49 WAS EFFECTIVE THROUGH NOVEMBER 7, 1959, AND THAT THE RATE OF 198 CENTS PER 100 POUNDS CONTAINED THEREIN UNDER PARAGRAPH 3D (A) WAS APPLICABLE TO THIS SHIPMENT TRANSPORTED ON NOVEMBER 4, 1959, UNDER GOVERNMENT BILL OF LADING AF-097158. THEREFORE, OUR DECISION OF JULY 17, 1961, B-145321, SUSTAINING OUR SETTLEMENT ACTION OF FEBRUARY 28, 1961, IS AFFIRMED.