B-139186, FEB. 8, 1960

B-139186, FEB. 8, 1960

TO ILLINOIS CENTRAL RAILROAD:

REFERENCE IS MADE TO YOUR FILE G-WQ-10291-A-WAG-R, IN WHICH YOU REQUEST RECONSIDERATION OF OUR DECISION OF JUNE 18, 1959, B-139186. IN THAT DECISION, WE HELD THAT ASSOCIATION OF AMERICAN RAILROADS SECTION 22 QUOTATION NO. 490-A, NAMING A BASIS OF RATES ON "MILITARY BRIDGES, PONTOON OR PORTABLE, IRON OR STEEL, OR IRON OR STEEL AND WOOD COMBINED, AND PARTS THEREOF," APPLIED ON CARLOAD SHIPMENTS OF MILITARY BRIDGES, AS WELL AS ON CARLOAD SHIPMENTS OF MILITARY BRIDGE PARTS. SINCE THE RATES IN THE QUOTATION APPLIED ON STRAIGHT OR MIXED CARLOAD SHIPMENTS OF MILITARY BRIDGES AND PARTS, WE SAID THAT IT SEEMED REASONABLE TO ASSUME THAT THE WORD "AND," IN THE PHRASE ,MILITARY BRIDGES * * * AND PARTS THEREOF," MUST BE READ AS BEING INTERCHANGEABLE WITH THE WORD ,OR.'

YOU BASE YOUR REQUEST FOR RECONSIDERATION PRIMARILY ON THE VIEW THAT THE FRAMERS OF QUOTATION NO. 490-A INTENDED THAT IT COVER ONLY SHIPMENTS OF MILITARY BRIDGES, MOVING AS A UNIT, INCLUDING ALL PARTS, AND THAT THE RATES IN THE QUOTATION WOULD NOT BE APPLICABLE WHEN ALL THE PARTS NECESSARY TO CONSTRUCT A BRIDGE WERE HANDLED SEPARATELY, THAT IS, ON SEPARATE BILLS OF LADING. HOWEVER, IF THE CONSTRUCTION PLACED ON THE QUOTATION BY YOU WERE CORRECT, THERE WOULD SEEM TO BE NO WAY TO RECONCILE THE FACT THAT ITEM 1 OF THE QUOTATION SPECIFICALLY AUTHORIZES THE APPLICATION OF THE RATES NAMED THEREIN ON STRAIGHT OR MIXED CARLOADS; AND AS WE STATED IN THE DECISION OF JUNE 18, 1959, IT IS NOT CLEAR HOW A SHIPMENT OF MILITARY BRIDGES AND PARTS THEREOF COULD BE CHARACTERIZED AS A STRAIGHT CARLOAD.

INSOFAR AS THE INTENTION OF THE FRAMERS (TO WHICH YOU ALLUDE) IS CONCERNED, IT SEEMS CLEAR THAT IT WAS INTENDED THAT THE QUOTATION WOULD BE APPLIED ON ANY SHIPMENT OF ARTICLES PROPERLY IDENTIFIABLE AS MILITARY BRIDGES, OR ANY RELATED PARTS THEREOF. IN OTHER WORDS, A MILITARY BRIDGE CONSTITUTING A NUMBER OF CARLOADS MAY BE SHIPPED AT THE QUOTATION 490-A BASIS, NOTWITHSTANDING THAT SOME OF THE SEPARATE CARLOADS, CONSISTING SOLELY OF PARTS, WOULD BE SUBJECT TO LOWER OR HIGHER TARIFF RATES IF SHIPPED AS A SEPARATE SHIPMENT; OTHERWISE, AS THE LETTER TO WHICH YOU REFER INDICATES, SOME SHIPMENTS OF BRIDGE PARTS WOULD BE BILLED AS STRUCTURAL STEEL FORMS, OR SOME OTHER DESCRIPTION TAKING THE QUOTATION OR LOWER RATE BASIS.

IN THIS CASE THE TWO BILLS OF LADING INVOLVED CLEARLY SHOW THAT THE SHIPMENT CONSISTED OF A 150-FOOT BAILEY BRIDGE. THE LISTED PACKAGE NUMBERS ARE CLOSELY RELATED. THE BILLS OF LADING ALSO SHOW THAT THE ORIGIN CARRIER RECEIVED THE CARS ON THE SAME DAY, MAY 4, 1943, AND THAT THEY APPARENTLY WERE DELIVERED ON THE SAME DAY, MAY 11, 1943.

INSOFAR AS THE MOVEMENT ON SEPARATE BILLS OF LADING IS CONCERNED, THE MANNER OF BILLING IS NOT CONTROLLING, NOR DOES IT AFFECT THE APPLICATION OF THE QUOTATION BASIS OF RATES. THERE IS NO NECESSITY IN THIS CASE FOR RELIANCE UPON RULE 20 OF THE CONSOLIDATED FREIGHT CLASSIFICATION AS AUTHORITY FOR APPLYING THE QUOTATION BASIS ON A COMPLETE MILITARY BRIDGE. IF, IN ACCORDANCE WITH YOUR VIEW, QUOTATION NO. 490-A APPLIES ONLY ON COMPLETE MILITARY BRIDGES, IT MAY BE NOTED THAT THERE IS NOTHING IN THE QUOTATION THAT RESTRICTS ITS APPLICATION TO SHIPMENTS OF COMPLETE BRIDGES COVERED BY A SINGLE BILL OF LADING, AND THE QUOTATION BASIS IS AVAILABLE SO LONG AS IT IS ESTABLISHED, AS HERE, THAT A MILITARY BRIDGE, OR MULTIPLE CARLOADS OF COMPONENT PARTS GOING INTO THE CONSTRUCTION OF A MILITARY BRIDGE, MAKE UP THE ACTUAL CONSIST OF THE SHIPMENTS. OUR DECISION OF JUNE 18, 1959, WAS CONSISTENT WITH THE FOREGOING VIEWS, AND THE PRIOR CONCLUSION IS REAFFIRMED.

IN YOUR REQUEST FOR RECONSIDERATION YOU ALSO MENTION OUR SETTLEMENTS ON YOUR SUPPLEMENTAL BILLS NOS. AFR-19356-B, FOR $3,960.60 (TK 380769), AFR- 20018-C, FOR $650 (TK-584625) AND WQ-3736-A, FOR $1,174.55 (TK-483868). THESE THREE CLAIMS WILL BE MADE THE SUBJECT OF FURTHER EXAMINATION BY OUR TRANSPORTATION DIVISION IN THE LIGHT OF THE DECISION IN THIS CASE. THEY WILL INFORM YOU OF THE RESULTS OF SUCH FURTHER EXAMINATION.