B-130528, APR. 8, 1957

B-130528, APR. 8, 1957

TO OKLAHOMA CITY-ADA-ATOKA RAILWAY COMPANY:

REFERENCE IS MADE TO YOUR REQUEST, PER FILE AC-101-LVE (BILL 1517-C3 B),FOR REVIEW OF CERTIFICATE OF SETTLEMENT NO. T-628291, DATED APRIL 20, 1955, WHICH DISALLOWED $442.51 OF YOUR CLAIM FOR $449.82, PER SUPPLEMENTAL BILL 1517-C3-A, AS ADDITIONAL FREIGHT CHARGES ALLEGED TO BE DUE ON A CARLOAD SHIPMENT OF AIRPLANE PARTS, WEIGHING 11,100 POUNDS, MOVING FROM HILL FIELD, UTAH, TO MIDWEST CITY, OKLAHOMA, ON BILL OF LADING AF-T-33062, DURING JANUARY, 1953.

THE SUBJECT SHIPMENT WAS MADE FROM HILL FIELD, UTAH, ON A TRANSIT BILL OF LADING WHICH SHOWS THAT A TRANSIT RESHIPPING CERTIFICATE WAS SURRENDERED FOR CREDIT AGAINST THIS SHIPMENT. FREIGHT CHARGES WERE PAID FOR THE TRANSPORTATION OF 10,600 POUNDS OF AIRPLANE PARTS WHICH ORIGINATED AT OAKLAND, CALIFORNIA, ON BILL OF LADING WY 1569068, DATED OCTOBER 27, 1952, AS PART OF A SHIPMENT OF AIRPLANE PARTS WEIGHING 20,900 POUNDS WHICH WAS DELIVERED AT HILL FIELD, UTAH, ON NOVEMBER 3, 1952.

THE INBOUND SHIPMENT ON WHICH BILLING WAS SURRENDERED FOR CREDIT CONSISTED OF MATERIAL DESCRIBED AS AIRPLANE PARTS, NOIBN, METAL, AIRPLANE COWLS, AND AIRPLANE STABILIZERS, WHILE THE OUTBOUND SHIPMENT CONSISTED OF ARTICLES DESCRIBED AS AIRPLANE PARTS, NOIBN, METAL. THE TRANSIT PRIVILEGE IS AUTHORIZED BY ASSOCIATION OF AMERICAN RAILROADS SECTION 22 QUOTATION NO. 674. IT SEEMS TO BE YOUR CONTENTION THAT, INASMUCH AS ITEM NO. 1 OF QUOTATION NO. 674 STATES THAT THE TRAFFIC COVERED IS PROPERTY MOVING ON GOVERNMENT BILLS OF LADING IN STRAIGHT CARLOADS, THE TRANSIT IS NOT APPLICABLE IN THIS INSTANCE BECAUSE THE OUTBOUND SHIPMENT CONSISTED OF VARIOUS ITEMS SEPARATELY CLASSIFIED IN THE CONSOLIDATED FREIGHT CLASSIFICATION. YOU CLAIM, THEREFORE, ADDITIONAL CHARGES ON THE BASIS OF THE LOCAL RATE FROM HILL FIELD, UTAH, SINCE PAYMENT WAS MADE ORIGINALLY ON THE BASIS OF THE BALANCE OF THE THROUGH RATE FROM OAKLAND, CALIFORNIA.

THE QUESTION PRESENTED SEEMS TO BE WHETHER THE OUTBOUND SHIPMENT WAS A STRAIGHT CARLOAD OF AIRPLANE PARTS OR A MIXED CARLOAD, IN VIEW OF THE FACT THAT SOME OF THE ARTICLES COMPRISING THE OUTBOUND SHIPMENT WERE SEPARATELY CLASSIFIED IN THE FREIGHT CLASSIFICATION. WHILE IN ONE SENSE OF THE TERM A SHIPMENT CONSISTING OF DIFFERENT AIRPLANE PARTS MIGHT BE CONSIDERED A MIXED CARLOAD, THERE IS FOR CONSIDERATION IN THIS INSTANCE THE PROVISIONS OF A TARIFF NAMING THE THROUGH RATE FROM OAKLAND, CALIFORNIA, TO MIDWEST CITY, OKLAHOMA.

ITEM 3095 OF TRANS-CONTINENTAL FREIGHT BUREAU EAST-BOUND TARIFF NO. 2-R, I.C.C. 1547, WHICH WAS IN EFFECT ON THE DATE OF MOVEMENT FROM OAKLAND, CALIFORNIA, NAMED CARLOAD RATES ON "AIRPLANES," ON "AIRPLANE PARTS N.O.S., " ON "DIRIGIBLE AIRSHIP PARTS, VIZ.: * * *," AND ON "GLIDERS, WITHOUT POWER, OR PARTS THEREOF," AND THE RATES APPLIED IN STRAIGHT OR MIXED CARLOADS. THUS, IT SEEMS REASONABLE TO CONSTRUE THIS ITEM AS NAMING RATES ON FOUR SEPARATE, DISTINCT, AND INDIVIDUAL COMMODITIES, AS LISTED ABOVE. ON THIS BASIS, THE DESCRIPTION "AIRPLANE PARTS N.O.S.' COVERS A SINGLE COMMODITY, AND A SHIPMENT MADE UP EXCLUSIVELY OF ARTICLES WHICH FALL WITHIN THAT DESCRIPTION IS A "STRAIGHT CARLOAD SHIPMENT"--- AS DISTINGUISHED FROM A "MIXED CARLOAD HIPMENT"--- WITHIN THE MEANING OF THIS PARTICULAR TARIFF ITEM. SINCE THE EXPLANATION OF THE TERM ,N.O.S.' GIVEN IN THE TARIFF SHOWS CLEARLY THAT THE ARTICLES HERE CONCERNED ARE COVERED BY THE ,AIRPLANE PARTS N.O.S.' DESCRIPTION, THERE SEEMS TO BE NO BASIS FOR A FINDING THAT THE SUBJECT SHIPMENT WAS OTHER THAN A "STRAIGHT CARLOAD SHIPMENT" WITHIN THE MEANING OF THE PERTINENT TARIFF ITEM, AND NO REFERENCE TO INDIVIDUAL DESCRIPTIONS IN THE CONSOLIDATED FREIGHT CLASSIFICATION IS REQUIRED.

THE FOREGOING CONCLUSION IS STRENGTHENED WHEN CONSIDERATION IS GIVEN TO ITEM 31 OF THE TARIFF, WHICH STATES, IN PART, THAT:

"/1) STRAIGHT CARLOADS - (A) CARLOAD RATES NAMED IN THIS TARIFF APPLY ON STRAIGHT CARLOADS OF ARTICLES NAMED UNLESS OTHERWISE SPECIFICALLY PROVIDED IN INDIVIDUAL RATE ITEMS.'

AND

"/2) MIXED CARLOADS - CARLOAD RATES NAMED IN THIS TARIFF APPLY ON MIXED CARLOADS UNDER THE FOLLOWING CONDITIONS ONLY:

"/A) OF TWO OR MORE ARTICLES FOR WHICH STRAIGHT CARLOAD RATES ARE NAMED IN ONE ITEM NOT CONTAINING ALTERNATING SECTIONS * * *.'

AS SHOWN ABOVE, ITEM 3095 NAMES RATES ON STRAIGHT OR MIXED CARLOADS OF AIRPLANES, AIRPLANE PARTS, N.O.S., DIRIGIBLE AIRSHIP PARTS, AND GLIDERS, OR PARTS THEREOF. IT SEEMS CLEAR THAT UNDER THE PROVISIONS OF ITEM 31, A SHIPMENT OF ONLY ONE OF THE ARTICLES NAMED (AIRPLANE PARTS, N.O.S.) IS A STRAIGHT CARLOAD, AND THAT A MIXED CARLOAD MUST CONSIST OF "TWO OR MORE OF THE ARTICLES FOR WHICH STRAIGHT CARLOAD RATES ARE NAMED; " IN OTHER WORDS, A MIXTURE OF, FOR EXAMPLE, AIRPLANE PARTS, N.O.S. AND DIRIGIBLE AIRSHIP PARTS.

THEREFORE, IT MUST BE CONCLUDED THAT THE SHIPMENT FROM HILL FIELD, UTAH, TO MIDWEST CITY, OKLAHOMA, CONSISTED OF A STRAIGHT CARLOAD OF AIRPLANE PARTS, WITHIN THE MEANING OF ITEMS 31 AND 3095 OF TARIFF NO. 2-R, AND THAT SETTLEMENT OF YOUR BILL ON THE TRANSIT BASIS WAS CORRECT. ACCORDINGLY, THE SETTLEMENT IS SUSTAINED.