B-130028, MAY 2, 1957

B-130028: May 2, 1957

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

WERE PAID. IN THE AUDIT OF THIS ACCOUNT BY OUR TRANSPORTATION DIVISION IT WAS FOUND THAT DECONTAMINATING APPARATUS. THE RESULTING OVERPAYMENT OF $212.98 WAS COLLECTED BY SETOFF AGAINST OTHER AMOUNTS DUE YOU. YOU RECLAIMED THE AMOUNT COLLECTED AND THIS CLAIM WAS DISALLOWED AUGUST 31. THE LAST PARAGRAPH ON PAGE ONE OF THAT LETTER IS AS FOLLOWS: "WE HAD SIMILAR EXPERIENCE WITH AIR COMPRESSORS MOUNTED ON FREIGHT VEHICLES SHIPPED UNDER GOVERNMENT CONTRACTS. WHERE THE TWO PARTS HAVE BEEN SO SPECIFICALLY DESIGNED AS TO BRING ABOUT A COMPLETE INTEGRAL UNIT. UNDER ITEM 28180 OF THE CLASSIFICATION WILL APPLY ONLY WHERE THE AIR COMPRESSOR IS MOUNTED ON A SPECIFICALLY DESIGNED VEHICLE WHICH BECOMES A COMPLETE INTEGRAL UNIT.

B-130028, MAY 2, 1957

TO MR. E. MECH, ILLINOIS CENTRAL RAILROAD:

CONSIDERATION HAS BEEN GIVEN YOUR REQUEST FOR REVIEW OF THE SETTLEMENT WHICH DISALLOWED YOUR CLAIM, PER BILL NO. AFR-20729-A, FOR $212.98 AS A PART OF THE CHARGES ALLEGED TO BE DUE FOR TRANSPORTING A SHIPMENT DESCRIBED ON BILL OF LADING NO. WV-8393939 AS ONE CRATE AND ONE BOX OF ,FREIGHT AUTOMOBILES, NOIBN (APPARATUS DECONTAMINATING POWER DRIVEN M3A2)," WEIGHING 24,200 POUNDS, FROM LANSING, MICHIGAN, TO MEMPHIS, TENNESSEE, DURING DECEMBER 1951.

FOR THIS TRANSPORTATION YOU CLAIMED ORIGINALLY, AND WERE PAID, $695.17 ON YOUR BILL AFR-20729. IN THE AUDIT OF THIS ACCOUNT BY OUR TRANSPORTATION DIVISION IT WAS FOUND THAT DECONTAMINATING APPARATUS, POWER DRIVEN, SHOULD BE RATED SIXTH CLASS UNDER ITEM NO. 41017 OF CONSOLIDATED FREIGHT CLASSIFICATION NO. 20 AS SPRAYERS, WITH OR WITHOUT ENGINES. THE RESULTING OVERPAYMENT OF $212.98 WAS COLLECTED BY SETOFF AGAINST OTHER AMOUNTS DUE YOU. THEREAFTER, YOU RECLAIMED THE AMOUNT COLLECTED AND THIS CLAIM WAS DISALLOWED AUGUST 31, 1956.

IN YOUR REQUEST FOR REVIEW OF THIS DISALLOWANCE, YOU URGE THAT THIS SHIPMENT SHOULD BE RATED AS FREIGHT AUTOMOBILES UNDER THE PENULTIMATE AND LAST PARAGRAPHS OF A LETTER DATED SEPTEMBER 8, 1955, TO YOU FROM THE EASTERN WEIGHING AND INSPECTION BUREAU. THE LAST PARAGRAPH ON PAGE ONE OF THAT LETTER IS AS FOLLOWS:

"WE HAD SIMILAR EXPERIENCE WITH AIR COMPRESSORS MOUNTED ON FREIGHT VEHICLES SHIPPED UNDER GOVERNMENT CONTRACTS, AND THE QUESTION HAD THE ATTENTION OF THE THREE CLASSIFICATION COMMITTEES, AND THEY HELD THAT AIR COMPRESSORS AND TRUCK COMBINATIONS, WHERE THE TWO PARTS HAVE BEEN SO SPECIFICALLY DESIGNED AS TO BRING ABOUT A COMPLETE INTEGRAL UNIT, THE RATINGS FOR AIR COMPRESSOR, UNDER ITEM 28180 OF THE CLASSIFICATION WILL APPLY ONLY WHERE THE AIR COMPRESSOR IS MOUNTED ON A SPECIFICALLY DESIGNED VEHICLE WHICH BECOMES A COMPLETE INTEGRAL UNIT, BUT WILL NOT APPLY ON A STANDARD TYPE FREIGHT VEHICLE WHICH IS MERELY EQUIPPED WITH AN AIR COMPRESSOR AND NOT SPECIFICALLY DESIGNED TO FIT THE VEHICLE NOR THE VEHICLE SPECIFICALLY DESIGNED TO RECEIVE IT.'

THE RECORD IN THIS OFFICE SHOWS THAT THESE SPRAYERS WERE DESIGNED TO EFFECTIVELY SPRAY WATER OR DECONTAMINATING MIXTURES OVER LARGE AREAS OR ON LARGE SURFACES, AND THAT THEY ARE USEFUL FOR CARRYING WATER, FIGHTING FIRES, SPRAYING WATER-SOLUBLE PAINT, PUMPING WATER, AND PROVIDING BATHING FACILITIES FOR PERSONNEL. THE POWER DRIVEN APPARATUS IS A MODIFIED, COMMERCIAL-TYPE ORCHARD SPRAYER MOUNTED ON THE CHASSIS OF A 2 1/2-TON, 6 BY 6 TRUCK. IT CONSISTS ESSENTIALLY OF A WOOD TANK, HIGH PRESSURE PUMP, POWER TAKE-OFF, PIPING, VALVES AND HOSE. THE TRUCK ENGINE NOT ONLY SUPPLIES POWER FOR TRANSPORTATION BUT ALSO SUPPLIES POWER, THROUGH A POWER TAKE-OFF, FOR DRIVING THE AGITATOR AND PUMP. ATTACHED TO THE TRUCK TRANSMISSION IS THE POWER TAKE-OFF FROM WHICH POWER IS TRANSFERRED TO THE AGITATOR AND PUMP BY MEANS OF A PROPELLER SHAFT, UNIVERSAL JOINTS, SPROCKETS, AND ROLLER DRIVE CHAINS. THE TRUCK AND APPARATUS ARE A SINGLE UNIT.

IN REPLY TO A LETTER FROM THIS OFFICE, THE DEPARTMENT OF THE ARMY, OFFICE OF THE CHIEF OF TRANSPORTATION, BY LETTER DATED JULY 11, 1951, STATED WITH RESPECT TO SHIPMENTS OF POWER DRIVEN DECONTAMINATING APPARATUS THAT THE AUTOMOTIVE CHASSIS AND THE SPRAYER UNIT WERE SPECIFICALLY DESIGNED OR CONSTRUCTED TO BE USED WITH EACH OTHER, AND THAT THE SPRAYER AND AUTOMOTIVE CHASSIS COMPOSED A SINGLE WORKING UNIT. FURTHER, THAT IT WOULD NOT BE PRACTICAL TO USE THE AUTOMOTIVE CHASSIS FOR THE PURPOSE OF HAULING FREIGHT WITHOUT STRUCTURAL MODIFICATION, AND THAT THE SPRAYER MECHANISM COULD NOT BE USED AT THE JOB SITE WITHOUT THE SUPPORT AND POWER OF THE AUTOMOBILE CHASSIS AND MOTOR. SINCE THIS SPRAYING APPARATUS IS A COMPLETE UNIT, EACH PART DEPENDENT UPON THE OTHER FOR USE, AND NEITHER BEING SUSCEPTIBLE TO USE BY ITSELF WITHOUT MODIFICATION AND RECONSTRUCTION, THE SPRAYING APPARATUS SEEMS PROPERLY RATABLE AS A "SPRAYER, WITH OR WITHOUT ENGINES.' SEE, IN THIS CONNECTION, OAKLAND TRUCK SALES CO. V. BALTIMORE AND OHIO RAILROAD CO., 270 I.C.C. 548 AND HARRISON CONSTRUCTION CO. V. CINCINNATI, NEW ORLEANS AND TEXAS PACIFIC RAILWAY CO., 266 I.C.C. 313.