B-130664, AUG. 30, 1957

B-130664, AUG. 30, 1957

TO UNION PACIFIC RAILROAD COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 6, 1957, FILE GW 273456, REQUESTING REVIEW OF OUR SETTLEMENT CERTIFICATE DATED NOVEMBER 16, 1956, WHICH DISALLOWED YOUR CLAIM FOR $111.09 ADDITIONAL FREIGHT CHARGES ALLEGED TO BE DUE FOR THE TRANSPORTATION OF ONE CARLOAD OF "CRANES, NOIBN (CRANE TRUCK WAREHOUSE)" FROM OGDEN, UTAH, TO LADORA, COLORADO, ON GOVERNMENT BILL OF LADING WZ-T-233267, DATED MAY 12, 1955.

THE RECORD SHOWS THAT A SHIPMENT DESCRIBED AS 2 PIECES "CRANES NOIBN," WEIGHING 65,760 POUNDS, ORIGINATED AT OAKLAND, CALIFORNIA, ON JULY 9, 1954 (HAVING MOVED TO THAT PORT FROM AN OVERSEAS POINT), AND MOVED BY RAIL ON GOVERNMENT BILL OF LADING WY-4541327 TO OGDEN, UTAH WHERE THE ENTIRE SHIPMENT WAS RECORDED FOR TRANSIT, FORM DD-575 DATED JULY 27, 1954, ENTITLED "RECORD OF TRANSIT FREIGHT BILLS AND TONNAGE CREDITS," SHOWS THAT OF THE TOTAL OF 65,760 POUNDS TRANSITED, 16,200 POUNDS WERE SURRENDERED TO APPLY AGAINST AN OUTBOUND SHIPMENT ON BILL OF LADING WZ-T-233266, DATED MAY 6, 1955, AND 42,000 POUNDS WERE SURRENDERED TO APPLY AGAINST OUTBOUND BILL OF LADING WZ-T-233267, DATED MAY 12, 1955. THE BALANCE OF THE INBOUND WEIGHT WAS CANCELLED.

FOR THE TRANSPORTATION SERVICE ON THE THROUGH MOVEMENT OF 42,000 POUNDS ON BILL OF LADING WZ-T-233267, YOU ORIGINALLY CLAIMED AND WERE PAID THE SUM OF $463.68, ON YOUR BILL NO. W-273456, COMPUTED ON THE BASIS OF A THROUGH RATE OF $2.22 PER 100 POUNDS, PLUS AN EMERGENCY INCREASE OF 15 PERCENT AS SHOWN IN TARIFF OF INCREASED RATES AND CHARGES NO. X-175-B, LESS FREIGHT CHARGES PAID ON 42,000 POUNDS INTO THE TRANSIT POINT, PLUS A TRANSIT CHARGE OF 6 CENTS PER 100 POUNDS. YOU SUBSEQUENTLY FILED SUPPLEMENTAL BILL NO. W-273456-A FOR $111.09 ADDITIONAL FREIGHT CHARGES ON THE GROUND THAT THE TRANSIT PRIVILEGES SHOWN IN PARAGRAPH (A), ITEM 13 OF TRAFFICEXECUTIVE ASSOCIATION--- EASTERN RAILROADS SECTION 22 QUOTATION NO. A-1280 WERE NOT APPLICABLE TO THIS SHIPMENT. YOU ALSO MADE REFERENCE TO A WESTERN WEIGHING AND INSPECTION BUREAU CORRECTION NOTICE WHICH WAS NOT FURNISHED WITH THE CLAIM. YOUR CLAIM WAS DISALLOWED BY OUR SETTLEMENT OF NOVEMBER 16, 1956.

THE SUBSTANCE OF YOUR REQUEST FOR REVIEW IS THAT THE CHARGES FROM OGDEN, UTAH, TO LADORA, COLORADO, SHOULD BE COMPUTED ON THE BASIS OF THE LOCAL RATE FROM OGDEN, IT BEING YOUR CONTENTION THAT THE TRANSIT PRIVILEGE AT OGDEN IS NOT APPLICABLE ON THIS SHIPMENT. IN SUPPORT OF YOUR POSITION YOU SUBMIT A COPY OF WESTERN WEIGHING AND INSPECTION BUREAU CORRECTION SHEET DATED SEPTEMBER 9, 1955, WHICH STATES THAT 31,240 POUNDS OF THE OUTBOUND SHIPMENT CONSISTED OF S/N 78-2841-800 099 CRANE, REVOLVING, MOUNTED ON AUTOMOBILE OR TRAILER TRUCK, PER ITEM 28380 OF UNIFORM FREIGHT CLASSIFICATION NO. 2 WHICH, IT IS SAID, IS NOT REPRESENTATIVE OF THE BALANCE OF THE SHIPMENT WEIGHING 10,760 POUNDS, CONSISTING OF CRANES, NOIBN, PER ITEM 28355. YOU AGAIN INVITE ATTENTION TO THE LIMITATION ON TRANSIT PRIVILEGES CONTAINED IN PARAGRAPH (A) ITEM 13 OF TRAFFIC EXECUTIVE ASSOCIATION--- WESTERN RAILROADS SECTION 22 QUOTATION NO. A-1280.

ITEM 21 OF THE QUOTATION NO. A-1280 PROVIDES THAT IT SHALL BE APPLICABLE ON SHIPMENT FROM PORT OF ORIGIN "ON OR AFTER SEPTEMBER 22, 1954.' SINCE THE SHIPMENT INVOLVED ORIGINATED AT OAKLAND, CALIFORNIA, ON JULY 19, 1954, THE CITED QUOTATION NO. A-1280 IS INAPPLICABLE. TRANSIT IS AUTHORIZED IN THIS CASE UNDER THE PROVISIONS OF ITEM 13 OF ASSOCIATION OF AMERICAN RAILROADS SECTION 22 QUOTATION NO. 674, WHICH READS, IN PART, AS FOLLOWS:

"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.'

THERE IS NO PROVISION IN THE QUOTATION REQUIRING THAT THE ARTICLE IN THE OUTBOUND SHIPMENT MUST BE EMBRACED BY THE SAME ITEM IN THE CLASSIFICATION AS THE INBOUND MOVEMENT. THE ONLY PERTINENT REQUIREMENT OF THE QUOTED PROVISION OF THE QUOTATION IS THAT THE OUTBOUND SHIPMENT MUST CONSIST OF THE "SAME QUANTITY AND CHARACTER OF TRAFFIC" AS THE INBOUND SHIPMENT FOR WHICH BILLING IS SURRENDERED.

OUR TRANSPORTATION DIVISION REQUESTED A VERIFICATION OF THE STATEMENT SHOWN ON THE WESTERN WEIGHING AND INSPECTION BUREAU CORRECTION SHEET SUBMITTED BY YOU AND, IN RESPONSE, THE ADMINISTRATIVE OFFICE BY A FIRST INDORSEMENT DATED MAY 10, 1957, FURNISHED COPIES OF THE ARMY SHIPPING DOCUMENTS SHOWING THE TRUE DESCRIPTION OF THE ARTICLES SHIPPED ON BOTH THE INBOUND AND OUTBOUND SHIPMENTS IN QUESTION, TOGETHER WITH AN EXPLANATION OF THE COMPUTATION OF THE WEIGHTS IN CONNECTION THEREWITH. THESE RECORDS SHOW THAT THE INBOUND MOVEMENT ON CAR MSTL-23787, COVERED BY BILL OF LADING WY-4541327, CONSISTED OF---

ONE CRANE POWER UNIT, G.E.D., TRUCK MTD. 1/2 CU. YD., MICHIGAN MODEL TM- 16- WEIGHT 28,800 POUNDS

ONE CRANE SHOVEL, POWER UNIT, REVOLVING CRAWLER, 5 TON CAPACITY AT 12 FT. RADIUS, 3/4 CU. YD., BUCKEYE MODEL 70, GASOLINE DRIVEN--- WEIGHT 26,960 POUNDS

THE RECORDS ALSO SHOW THAT THE OUTBOUND SHIPMENT ON CAR SSW-81184, COVERED BY BILL OF LADING WZ-T-233267, CONSISTED OF---

3950-271-1837

TWO CRANES, TRUCK WHSE. SLUING BOOM GAS, 100,000 POUNDS, FED. MOTORS, NC -10-QM - WEIGHT 42,000 POUNDS

THE ABOVE NUMBER 2950-271-1837 INDICATES THE FEDERAL STOCK NUMBER ASSIGNED TO THIS ARTICLE.

IT APPEARS THAT THE INBOUND MOVEMENT CONSISTED OF MATERIAL PROPERLY DESCRIBED IN UNIFORM FREIGHT CLASSIFICATION NO. 2, AS FOLLOWS:

CRANE, TRUCK MTD.--- WEIGHT 28,800 POUNDS. ITEM 28380--- CRANES, DERRICKS OR POWER SHOVELS, REVOLVING OR MILITARY BRIDGE ERECTING, MOUNTED ON AUTOMOBILES OR TRAILER TRUCK

CRANE, SHOVEL, REVOLVING CRAWLER--- WEIGHT 26,960 POUNDS. ITEM 28355--- CRANES OR DERRICKS, NOIBN.

SINCE QUOTATION NO. 674 DOES NOT RESTRICT TRANSIT TO ITEMS DESCRIBED IN THE UNIFORM FREIGHT CLASSIFICATION UNDER THE SAME ITEM, THE MATERIAL HERE INVOLVED, BOTH INBOUND AND OUTBOUND, MAY BE PROPERLY DESCRIBED UNDER THE DESCRIPTION IN THE TARIFF CARRYING THE THROUGH RATE, WHICH IN THIS CASE IS ITEM 4305 OF TRANS-CONTINENTAL FREIGHT BUREAU TARIFF NO. 2-T, AGENT W. J. PRUETER'S I.C.C. NO. 1561, COVERING "CRANES, N.O.S. OR PARTS THEREOF.' THE ABBREVIATION "N.O.S.' IS EXPLAINED IN ITEM 9600 OF THE TARIFF AS FOLLOWS:

"WHEN USED IN CONNECTION WITH AN ARTICLE IN AN ITEM OF THIS TARIFF CARRYING CARLOAD COMMODITY RATES, MEANS "NOT OTHERWISE SPECIFIED IN ANY OTHER ITEM OF THIS TARIFF CARRYING EAST-BOUND CARLOAD COMMODITY RATES BETWEEN THE SAME POINTS ON THAT ARTICLE IRRESPECTIVE OF PACKAGE REQUIREMENTS.'

SINCE THE DESCRIPTION "CRANES, N.O.S.' APPLIES EQUALLY TO THE TYPES OF CRANES MOVING IN THE SHIPMENTS INVOLVED, NO REASON APPEARS WHY THE OUTBOUND SHIPMENT FROM ODGEN TO LADORA SHOULD NOT BE VIEWED AS THE SAME "CHARACTER OF TRAFFIC," WITHIN THE MEANING OF THE APPLICABLE QUOTATION, AS WAS HANDLED ON THE INBOUND MOVEMENT FROM OAKLAND TO OGDEN. ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM IN OUR SETTLEMENT CERTIFICATE OF NOVEMBER 16, 1956, BEING CONSISTENT WITH THIS CONCLUSION, IS SUSTAINED.