B-122538, AUG. 25, 1955

B-122538: Aug 25, 1955

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THE VIRGINIAN RAILWAY COMPANY: REFERENCE IS MADE TO YOUR LETTER OF MAY 25. YOU STATE THAT THE BACKGROUND LEADING TO THE ESTABLISHMENT OF SECTION 22 QUOTATION 14-A INDICATES THAT ITS ISSUANCE WAS PREDICATED ON 50. OR IS PAID FOR AS 50. THE QUESTIONS RAISED IN YOUR REQUEST FOR RECONSIDERATION ARE THE SAME AS THOSE WHICH WERE CONSIDERED IN THE DECISION OF APRIL 20. YOU HAVE FURNISHED NOTHING IN THE WAY OF EVIDENCE WHICH WOULD INDICATE THAT THE PLAIN LANGUAGE OF THE REVISED ITEM 6 SHOULD NOT BE GIVEN EFFECT IN COMPUTING THE CHARGE ON THIS SHIPMENT. SHIPMENTS MADE UNDER THE QUOTATION ARE SUBJECT TO CHARGES AND ALLOWANCES FOR OR IN RESPECT TO DIVERSION. THE AMENDED "EXCEPTION TO MIXED CARLOAD RULE 10 OF CURRENT WESTERN CLASSIFICATION" IS PUBLISHED IN SOUTHWESTERN LINES' TARIFF NO. 173 -Y.

B-122538, AUG. 25, 1955

TO MR. J. S. BRANCH, GENERAL TRAFFIC MANAGER, THE VIRGINIAN RAILWAY COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF MAY 25, 1955, FILE C-2521-1-B, REQUESTING RECONSIDERATION OF THE DECISION OF APRIL 20, 1955 (B 122538). THIS DECISION DEALT WITH THE APPLICATION OF AMENDED ITEM 6 OF ASSOCIATION OF AMERICAN RAILROADS SECTION 22 QUOTATION NO. 14-A, IN CONNECTION WITH THE AMENDED "EXCEPTION TO MIXED CARLOAD RULE 10 OF CURRENT WESTERN CLASSIFICATION," ON A MIXED CARLOAD SHIPMENT OF "AMMUNITION FIXED NOIBN FOR CANNON (WITH EXPLOSIVE PROJECTILE)" AND "AMMUNITION, FIXED, FOR CANNON WITH EMPTY, SAND LOADED OR SOLID PROJECTILE" TRANSPORTED FROM MCALESTOR, OKLAHOMA, TO PORTSMOUTH, VIRGINIA, UNDER BILL OF LADING N-15957527, DURING FEBRUARY, 1951.

IN YOUR REQUEST FOR REVIEW, YOU STATE THAT THE BACKGROUND LEADING TO THE ESTABLISHMENT OF SECTION 22 QUOTATION 14-A INDICATES THAT ITS ISSUANCE WAS PREDICATED ON 50,000 POUNDS OF AMMUNITION AND EXPLOSIVES BEING SHIPPED IN ONE CARLOAD. YOU URGE THAT UNLESS A SHIPMENT OF AMMUNITION AND EXPLOSIVES WEIGHTS 50,000 POUNDS, OR IS PAID FOR AS 50,000 POUNDS, THE CLASS-65 RATING AUTHORIZED BY THE QUOTATION HAS NO APPLICATION.

THE QUESTIONS RAISED IN YOUR REQUEST FOR RECONSIDERATION ARE THE SAME AS THOSE WHICH WERE CONSIDERED IN THE DECISION OF APRIL 20, 1955. YOU HAVE FURNISHED NOTHING IN THE WAY OF EVIDENCE WHICH WOULD INDICATE THAT THE PLAIN LANGUAGE OF THE REVISED ITEM 6 SHOULD NOT BE GIVEN EFFECT IN COMPUTING THE CHARGE ON THIS SHIPMENT. ITEM 6 OF THE QUOTATION PROVIDES THAT, IN THE ABSENCE OF SPECIFIC PROVISIONS TO THE CONTRARY, SHIPMENTS MADE UNDER THE QUOTATION ARE SUBJECT TO CHARGES AND ALLOWANCES FOR OR IN RESPECT TO DIVERSION, ETC., AND TO ALL OTHER PRIVILEGES, CHARGES AND RULES WHICH IN ANY WAY INCREASE OR DECREASE THE AMOUNT TO BE PAID ON ANY SHIPMENT, OR WHICH INCREASE OR DECREASE THE VALUE OF THE SERVICE, AS PROVIDED IN APPLICABLE TARIFFS ON FILE WITH THE INTERSTATE COMMERCE COMMISSION. THE AMENDED "EXCEPTION TO MIXED CARLOAD RULE 10 OF CURRENT WESTERN CLASSIFICATION" IS PUBLISHED IN SOUTHWESTERN LINES' TARIFF NO. 173 -Y, AGENT D. Q. MARSH'S I.C.C. 3854, AND THIS TARIFF IS ON FILE WITH THE INTERSTATE COMMERCE COMMISSION.

ACCORDINGLY, AS THE RECORD NOW STANDS, THE CONCLUSION REACHED IN THE PREVIOUS DECISION MUST BE AFFIRMED.