B-127616, SEP. 28, 1956

B-127616: Sep 28, 1956

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TO ILLINOIS CENTRAL RAILROAD COMPANY: REFERENCE IS MADE TO CORRESPONDENCE UNDER YOUR FILE AFR-20971-A-R. UPON WHICH A PART OF THE CHARGES WAS COMPUTED IN ACCORDANCE WITH AAR SECTION 22 QUOTATION 14-A. SHIPMENTS MADE HEREUNDER ARE SUBJECT TO ALL CHARGES AND ALL ALLOWANCES FOR OR IN RESPECT OF DIVERSION. SHIPMENTS MADE UNDER THE QUOTATION ARE SUBJECT TO ALL PRIVILEGES. WHEN A NUMBER OF ARTICLES FOR WHICH THE SAME OR DIFFERENT RATINGS OR RATES ARE PROVIDED WHEN IN STRAIGHT CARLOADS ARE SHIPPED AT ONE TIME BY ONE CONSIGNOR TO ONE CONSIGNEE AND DESTINATION. IN A CARLOAD * * * THEY WILL BE CHARGED AT THE ACTUAL OR AUTHORIZED ESTIMATED WEIGHT AND AT THE STRAIGHT CARLOAD CLASS OR COMMODITY RATE * * * APPLICABLE TO EACH ARTICLE.

B-127616, SEP. 28, 1956

TO ILLINOIS CENTRAL RAILROAD COMPANY:

REFERENCE IS MADE TO CORRESPONDENCE UNDER YOUR FILE AFR-20971-A-R, RELATIVE TO THE APPLICABILITY OF MODIFIED CLASSIFICATION RULE 10, AS PUBLISHED IN TRUNK LINE TARIFF NO. 141-B, TO A MIXED CARLOAD SHIPMENT OF AMMUNITION AND INERT AMMUNITION COMPONENTS MOVING FROM CULBERTON, PENNSYLVANIA, TO FORT KNOX, KENTUCKY, DURING DECEMBER 1951, UPON WHICH A PART OF THE CHARGES WAS COMPUTED IN ACCORDANCE WITH AAR SECTION 22 QUOTATION 14-A. YOU URGE THAT THE PROVISIONS OF MODIFIED RULE 10 MAY NOT BE EMPLOYED IN COMPUTING THE CHARGES ON A MIXED CARLOAD SHIPMENT BY RATING PART OF THE SHIPMENT UNDER PUBLISHED TARIFF RATES AND THE OTHER PART UNDER AAR SECTION 22 QUOTATION NO. 14-A.

AS EXAMINATION OF SECTION 22 QUOTATION NO. 14-A, AS AMENDED, REVEALS THAT THE QUOTATION APPLIES ON SHIPMENTS OF VARIOUS TYPES OF EXPLOSIVES, SUBJECT TO A MINIMUM CARLOAD WEIGHT OF 50,000 POUNDS. THE AMENDED ITEM 6 OF THE QUOTATION, CAPTIONED "CHARGES AND ALLOWANCES," PROVIDES THAT:

"IN THE ABSENCE OF SPECIFIC PROVISIONS TO THE CONTRARY IN THIS QUOTATION, SHIPMENTS MADE HEREUNDER ARE SUBJECT TO ALL CHARGES AND ALL ALLOWANCES FOR OR IN RESPECT OF DIVERSION, RECONSIGNMENT, DEMURRAGE, SWITCHING, 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, OR BY SECTION 22 QUOTATIONS, WITHOUT, IN ANY CASE, ANY LAND-GRANT DEDUCTION.'

THUS, ITEM 6 OF SECTION 22 QUOTATION NO. 14-A PROVIDES SPECIFICALLY THAT, IN THE ABSENCE OF SPECIFIC PROVISIONS TO THE CONTRARY, SHIPMENTS MADE UNDER THE QUOTATION ARE SUBJECT TO ALL PRIVILEGES, CHARGES AND RULES WHICH IN ANY WAY INCREASE OR DECREASE THE AMOUNT TO BE PAID ON ANY SHIPMENT, AS PROVIDED IN TARIFFS ON FILE WITH THE INTERSTATE COMMERCE COMMISSION.

TRUNK LINE TERRITORY TARIFF BUREAU FREIGHT TARIFF NO. 141-B, AGENT BOIN'S I.C.C. NO. A-838, AS AMENDED BY SUPPLEMENT 145, PROVIDES IN ITEM 50000C, UNDER THE CAPTION "EXCEPTIONS TO RULE 10--- MIXED CARLOADS," AS FOLLOWS:

"EXCEPT AS OTHERWISE PROVIDED, WHEN A NUMBER OF ARTICLES FOR WHICH THE SAME OR DIFFERENT RATINGS OR RATES ARE PROVIDED WHEN IN STRAIGHT CARLOADS ARE SHIPPED AT ONE TIME BY ONE CONSIGNOR TO ONE CONSIGNEE AND DESTINATION, IN A CARLOAD * * * THEY WILL BE CHARGED AT THE ACTUAL OR AUTHORIZED ESTIMATED WEIGHT AND AT THE STRAIGHT CARLOAD CLASS OR COMMODITY RATE * * * APPLICABLE TO EACH ARTICLE, * * *. THE CARLOAD MINIMUM WEIGHT WILL BE THE HIGHEST PROVIDED FOR ANY ARTICLE IN THE MIXED CARLOAD, AND ANY DEFICIT IN THE MINIMUM WEIGHT WILL BE CHARGED FOR AT THE HIGHEST CARLOAD RATING OR RATE APPLICABLE TO ANY ARTICLES IN THE MIXED CARLOAD.'

THIS TARIFF ITEM, PROVIDING A BASIS FOR THE COMPUTATION OF TRANSPORTATION CHARGES ON A MIXED CARLOAD SHIPMENT, SEEMS CLEARLY TO GRANT A PRIVILEGE--- OR AUTHORIZE THE APPLICATION OF A RULE--- WHICH DECREASES THE AMOUNT WHICH OTHERWISE WOULD BE PAYABLE ON THE SHIPMENT INVOLVED IN THIS CASE AND, THEREFORE, TO BE ONE OF THE PRIVILEGES OR RULES CONTEMPLATED BY ITEM 6 OF SECTION 22 QUOTATION NO. 14-A. SINCE NO SPECIFIC PROVISIONS TO THE CONTRARY HAVE BEEN FOUND IN THE QUOTATION, IT SEEMS THAT THE USE OF THE MIXED CARLOAD RULE IS FULLY AUTHORIZED BY SECTION 22 QUOTATION NO. 14-A. IT IS FOR NOTING, ALSO, THAT THE MIXED CARLOAD RULE QUOTED ABOVE IS NOT RESTRICTED IN ITS APPLICATION TO RATES ON FILE WITH THE INTERSTATE COMMERCE COMMISSION.

ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, THE DISALLOWANCE OF YOUR CLAIM FOR AN ADDITIONAL ALLOWANCE OF $54.29 IS SUSTAINED.