B-127577, SEP. 28, 1956

B-127577: Sep 28, 1956

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TO TEXAS AND NEW ORLEANS RAILROAD COMPANY: REFERENCE IS MADE TO YOUR REQUEST FOR REVIEW OF THE SETTLEMENT. WHICH YOU ALLEGE LIMITS THE TRANSIT PRIVILEGE GRANTED THEREIN TO SHIPMENTS ON WHICH THE SAME QUANTITY OF TRAFFIC IS SHIPPED OUTBOUND AS WAS SHIPPED INTO THE TRANSIT POINT. IS ENTITLED "INBOUND AND OUTBOUND SHIPMENTS. HERE THE ACTUAL TRANSIT WEIGHT BOTH INBOUND AND OUTBOUND WAS LESS THAN THE CARLOAD MINIMUM WEIGHT AND THE ACTUAL TRANSIT WEIGHT OF THE OUTBOUND SHIPMENT IS LESS THAN THE ACTUAL TRANSIT WEIGHT OF THE INBOUND SHIPMENT. OUR TRANSPORTATION DIVISION WILL RECOMPUTE THE CHARGES ON THIS SHIPMENT GIVING CONSIDERATION TO ALL OF THE PERTINENT EXCEPTIONS TO THE GENERAL PROVISIONS OF ITEM 13 OF QUOTATION NO. 674.

B-127577, SEP. 28, 1956

TO TEXAS AND NEW ORLEANS RAILROAD COMPANY:

REFERENCE IS MADE TO YOUR REQUEST FOR REVIEW OF THE SETTLEMENT, CLAIM TK- 598388, WHICH DISALLOWED YOUR CLAIM FOR $297.11 AS A PART OF THE CHARGES ALLEGED TO BE DUE FOR TRANSPORTING A SHIPMENT OF 9,800 POUNDS OF AIRPLANE PARTS, N.O.I., FROM OAKLAND, CALIFORNIA, TO HILL AIR FORCE BASE, UTAH, FOR TRANSIT, UNDER BILL OF LADING NO. WY-4541332, JULY 9, 1954, AND THEREAFTER TRANSPORTING 5,940 POUNDS OF THIS SHIPMENT--- FORWARDED IN AUGUST 1954 ON TRANSIT BILL OF LADING NO. AF T-33252--- TO RANDOLPH AIR FORCE BASE, RANDOLPH FIELD, TEXAS.

YOUR OBJECTION TO THE SETTLEMENT RELATES TO THE APPLICATION OF ITEM 13 OF ASSOCIATION OF AMERICAN RAILROADS SECTION 22 QUOTATION NO. 674, WHICH YOU ALLEGE LIMITS THE TRANSIT PRIVILEGE GRANTED THEREIN TO SHIPMENTS ON WHICH THE SAME QUANTITY OF TRAFFIC IS SHIPPED OUTBOUND AS WAS SHIPPED INTO THE TRANSIT POINT.

ITEM NO. 13 OF A.A.R. SECTION 22 QUOTATION NO. 674, TO WHICH YOU REFER, IS ENTITLED "INBOUND AND OUTBOUND SHIPMENTS--- QUANTITY AND CHARACTER--- TONNAGE CREDITS," AND STATES THAT "EXCEPT AS OTHERWISE PROVIDED IN THIS ITEM, THE OUTBOUND SHIPMENT FROM THE TRANSIT POINT MUST CONSIST OF THE SAME QUANTITY AND CHARACTER OF TRAFFIC AS THE INBOUND SHIPMENT.' PARAGRAPHS (D) THROUGH (G) OF ITEM 13 CONTAIN EXCEPTIONS TO THE GENERAL PROVISION CONCERNING THE QUANTITY OF THE INBOUND AND OUTBOUND SHIPMENTS, AND PARAGRAPHS (E) AND (F) APPEAR TO BE PERTINENT IN THIS CASE. HERE THE ACTUAL TRANSIT WEIGHT BOTH INBOUND AND OUTBOUND WAS LESS THAN THE CARLOAD MINIMUM WEIGHT AND THE ACTUAL TRANSIT WEIGHT OF THE OUTBOUND SHIPMENT IS LESS THAN THE ACTUAL TRANSIT WEIGHT OF THE INBOUND SHIPMENT.

ACCORDINGLY, OUR TRANSPORTATION DIVISION WILL RECOMPUTE THE CHARGES ON THIS SHIPMENT GIVING CONSIDERATION TO ALL OF THE PERTINENT EXCEPTIONS TO THE GENERAL PROVISIONS OF ITEM 13 OF QUOTATION NO. 674, AND YOU WILL BE INFORMED OF SUCH CHANGES IN THE SETTLEMENT AS MAY BE NECESSARY.