B-134678, JUL. 22, 1958

B-134678: Jul 22, 1958

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TO SOUTHERN PACIFIC COMPANY: FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 11. THIS SHIPMENT WAS ACCORDED TRANSIT AT BROOKLEY. WHICH PROVIDES THAT EACH SHIPMENT MADE FROM ITS ORIGINAL POINT OF ORIGIN UNDER THE TERMS OF THAT QUOTATION WILL BE SUBJECT AND ENTITLED TO THE LOWEST THROUGH ALL-RAIL CARLOAD RATE (JOINT OR COMBINATION) THEREON. IS HIGHER THAN THE RATE FROM ANACOSTIA. IS NOT SPECIFICALLY NAMED IN EITHER ITEM 10 OR 18. OUR SETTLEMENT ACTION WAS BASED ON THE PREMISE THAT ALTHOUGH BROOKLEY IS A POINT SHOWN IN ITEM 3 OF TARIFF NO. 29-I BY VIRTUE OF ITS BEING NAMED IN THE OFFICIAL LIST OF OPEN AND PREPAY STATIONS. IT IS ALSO INCORPORATED IN THE LIST OF ORIGIN STATIONS NAMED IN ITEM 10 OF THE TARIFF BY REASON OF THE INTERMEDIATE POINT APPLICATION AUTHORIZED IN ITEM 345.

B-134678, JUL. 22, 1958

TO SOUTHERN PACIFIC COMPANY:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 11, 1957, FILE YG-85 -24742-W, REQUESTING REVIEW OF OUR SETTLEMENT OF JANUARY 13, 1956, WHICH ALLOWED YOU $42.56 OF THE AMOUNT OF $185.21 CLAIMED ON YOUR SUPPLEMENTAL BILL NO. D 24742 AS ADDITIONAL FREIGHT CHARGES ON A SHIPMENT OF INTERNAL COMBUSTION ENGINES TRANSPORTED FROM BROOKLEY, ALABAMA (ORIGINAL POINT OF ORIGIN ANACOSTIA, D.C.), TO OAKLAND, CALIFORNIA, UNDER BILL OF LADING NO. AF-T-3305, DATED JANUARY 17, 1952.

THIS SHIPMENT WAS ACCORDED TRANSIT AT BROOKLEY, ALABAMA, PURSUANT TO ITEM 6 (B) OF ASSOCIATION OF AMERICAN RAILROADS SECTION 22 QUOTATION NO. 16-F, WHICH PROVIDES THAT EACH SHIPMENT MADE FROM ITS ORIGINAL POINT OF ORIGIN UNDER THE TERMS OF THAT QUOTATION WILL BE SUBJECT AND ENTITLED TO THE LOWEST THROUGH ALL-RAIL CARLOAD RATE (JOINT OR COMBINATION) THEREON, FROM SUCH POINT OF ORIGIN TO THE PORT OF TRANSSHIPMENT OR RAILHEAD, BUT IN NO CASE LESS THAN THE ALL-RAIL CARLOAD RATE FROM THE TRANSIT POINT.

YOU CONTEND THAT THE RATE FROM BROOKLEY, ALABAMA, IS HIGHER THAN THE RATE FROM ANACOSTIA, D.C., RELYING ON ITEM 3 OF TRANS-CONTINENTAL EXPORT TARIFF NO. 29-I, WHICH PROVIDES FOR THE APPLICATION OF RATE BASIS 10 RATES FROM ALL POINTS IN ALABAMA SHOWN IN THE OPEN AND PREPAY STATION LIST TO BE LOCATED ON THE LINES OF THE LOUISVILLE AND NASHVILLE RAILROAD COMPANY, EXCEPT ORIGINS NAMED IN ITEMS 10 AND 18. YOU BASE YOUR CONTENTION ON THE FACT THAT BROOKLEY, ALABAMA, IS NOT SPECIFICALLY NAMED IN EITHER ITEM 10 OR 18.

OUR SETTLEMENT ACTION WAS BASED ON THE PREMISE THAT ALTHOUGH BROOKLEY IS A POINT SHOWN IN ITEM 3 OF TARIFF NO. 29-I BY VIRTUE OF ITS BEING NAMED IN THE OFFICIAL LIST OF OPEN AND PREPAY STATIONS, AS REQUIRED BY THAT ITEM, IT IS ALSO INCORPORATED IN THE LIST OF ORIGIN STATIONS NAMED IN ITEM 10 OF THE TARIFF BY REASON OF THE INTERMEDIATE POINT APPLICATION AUTHORIZED IN ITEM 345. THUS, THE INTERMEDIATE POINT APPLICATION ESTABLISHES THE APPLICABILITY OF RATE BASIS 3-A RATES FROM BROOKLEY, SUBJECT TO THE ROUTING PROVISIONS SHOWN IN ITEM 10.

AN INTERMEDIATE PROVISION IN A TARIFF ESTABLISHES SPECIFIC RATES JUST AS POSITIVELY, PLAINLY, AND LEGALLY AS IF SUCH RATES WERE SPECIFICALLY NAMED (SCHENLEY INDUSTRIES V. AKRON, CANTON AND YOUNGSTOWN RAILROAD CO., 277 I.C.C. 699, 702; BUTLER BROS. V. BALTIMORE AND OHIO RAILROAD CO., 231 I.C.C. 618), AND ANY INTERMEDIATE POINT FROM OR TO WHICH A RATE IS APPLICABLE BY REASON OF AN INTERMEDIATE RULE IS A POINT "SHOWN" IN THE TARIFF. FIRESTONE TIRE AND RUBBER CO. OF CALIFORNIA V. SOUTHERN PACIFIC CO., 243 I.C.C. 157. BROOKLEY, ALABAMA, IS A POINT ON THE MAIN LINE OF THE LOUISVILLE AND NASHVILLE RAILROAD COMPANY BETWEEN MOBILE AND NESHOTA, ALABAMA. BOTH MOBILE AND NESHOTA ARE EXCEPTED FROM THE APPLICATION OF RATE BASIS 10 RATES PROVIDED IN TARIFF ITEM 3 BY BEING NAMED SPECIFICALLY IN ITEM 10, THEREBY BEING MADE SUBJECT TO THE APPLICATION OF RATE BASIS 3- A RATES. THEREFORE, SINCE BROOKLEY IS INCORPORATED IN THE LIST OF POINTS NAMED IN ITEM 10 BY REASON OF THE INTERMEDIATE POINT PROVISION IN ITEM 345 OF THE TARIFF, THE RATE BASIS 3-A RATE APPLIES ALSO FROM BROOKLEY.

FOLLOWING RECEIPT OF YOUR LETTER OF DECEMBER 11, 1957, AN INQUIRY WAS DIRECTED TO THE ORIGINATING CARRIER OF THE SHIPMENT IN QUESTION REGARDING ITS VIEWS AS TO THE PROPER RATE BASIS TO BE ACCORDED SHIPMENTS FROM BROOKLEY. IN RESPONSE TO SUCH INQUIRY THE GENERAL FREIGHT AGENT, LOUISVILLE AND NASHVILLE RAILROAD COMPANY, REPORTED IN PERTINENT PART AS FOLLOWS---

"THIS TARIFF WAS CANCELLED BY 29-J, ICC 1553, EFFECTIVE APRIL 6, 1953. ITEM 360 OF THIS TARIFF PROVIDES FOR APPLICATION OF RATES FROM INTERMEDIATE POINTS NOT NAMED. BROOKLEY, ALA., IS LOCATED BETWEEN MOBILE, ALA., AND NESHOTO, ALA., BOTH GROUP 3-B (3-A) POINTS, THUS FROM BROOKLEY THE SAME RATES, OR GROUP 3-B (3-A) WILL APPLY.'

THIS CONSTRUCTION IS CONSISTENT WITH OUR DETERMINATION THAT THE RATE FROM ANACOSTIA, D.C., BEING HIGHER THAN THE RATE FROM BROOKLEY, ALABAMA, IS THE APPLICABLE RATE FOR THE SHIPMENT IN QUESTION. ACCORDINGLY, OUR SETTLEMENT OF JANUARY 13, 1956, MUST BE AND IS SUSTAINED.