B-144882, SEP. 26, 1961

B-144882: Sep 26, 1961

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THE BILL OF LADING INDICATES THAT THE TWO CARS WERE NO. IN YOUR LETTER REQUESTING REVIEW OF THE SETTLEMENT YOU NOTE THAT IN OUR NOTICE OF OVERPAYMENT WE STATED THAT THE SELF-PROPELLED WELL DRILLING MACHINE WAS USED. YOUR ORIGINAL CLAIM WAS BASED ON A RATE APPLICABLE TO A NEW MACHINE. YOUR PRESENT CLAIM IS ON THE BASIS OF A RATE APPLICABLE ON A USED MACHINE. USES THE CLASS-40 RATING WHICH IS PUBLISHED ON FIRST REVISED PAGE 240. 000 POUNDS AND IS SUBJECT TO RULE 9 OF THE TARIFF. THAT IF THE PUBLISHED MINIMUM WEIGHT IS LESS THAN 30. THE MINIMUM WEIGHT AUTHORIZED WILL BE INCREASED IN ACCORDANCE WITH RULE 34. WHEN THE APPLICABLE TARIFF MINIMUM WEIGHT IS 24. THE MINIMUM WEIGHT WILL BE 48.

B-144882, SEP. 26, 1961

TO THE NORTHERN ALBERTA RAILWAYS COMPANY:

WE AGAIN REFER TO YOUR LETTER OF JANUARY 17, 1961, FILE A-4266-4, IN WHICH YOU REQUEST REVIEW OF OUR SETTLEMENT CERTIFICATE DATED OCTOBER 19, 1960 (OUR CLAIM NO. TK-685827). THE SETTLEMENT DISALLOWED YOUR SUPPLEMENTAL BILL NO. R-6296-X FOR $864.60 (CANADIAN FUNDS), ALLEGEDLY THE BALANCE OF FREIGHT CHARGES DUE FOR TRANSPORTING ON TWO CARS A SELF PROPELLED WELL DRILLING MACHINE, WEIGHING 53,300 POUNDS, FROM CHURCHILL, MANITOBA, TO DAWSON CREEK, BRITISH COLUMBIA, UNDER U.S. GOVERNMENT BILL OF LADING NO. WY-7769701, IN JUNE 1959. THE BILL OF LADING INDICATES THAT THE TWO CARS WERE NO. CN-662243 (A 52-FOOT FLATCAR), AND NO. CN-141618 (A 48-FOOT, 6-INCH GONDOLA CAR, USED AS THE IDLER CAR). INCIDENT TO THE SETTLEMENT WE ASKED YOU ON OUR NOTICE OF OVERPAYMENT (USGAO FORM 1003) TO REFUND $220 (CANADIAN FUNDS), WHICH REPRESENT PART OF THE $1,965 (CANADIAN FUNDS) ORIGINALLY COLLECTED BY YOU ON YOUR BILL NO. R-6296 FOR THIS TRANSPORTATION.

IN YOUR LETTER REQUESTING REVIEW OF THE SETTLEMENT YOU NOTE THAT IN OUR NOTICE OF OVERPAYMENT WE STATED THAT THE SELF-PROPELLED WELL DRILLING MACHINE WAS USED, NOT NEW. YOUR ORIGINAL CLAIM WAS BASED ON A RATE APPLICABLE TO A NEW MACHINE, BUT YOUR PRESENT CLAIM IS ON THE BASIS OF A RATE APPLICABLE ON A USED MACHINE, THUS REDUCING THE AMOUNT CLAIMED TO $827 (CANADIAN FUNDS).

YOUR PRESENT CHARGE BASIS, WHICH YIELDS A BALANCE DUE OF $827, USES THE CLASS-40 RATING WHICH IS PUBLISHED ON FIRST REVISED PAGE 240, EFFECTIVE APRIL 30, 1958, IN ITEM NO. 14460 OF CANADIAN NATIONAL RAILWAYS SPECIAL AND COMPETITIVE, LOCAL, JOINT AND PROPORTIONAL FREIGHT TARIFF NO. W. 950, CTC NO. W. 2302, TO APPLY ON STRAIGHT OR MIXED CARLOADS OF USED WELL DRILLING MACHINES. THE RATING CARRIES A MINIMUM WEIGHT OF 24,000 POUNDS AND IS SUBJECT TO RULE 9 OF THE TARIFF.

RULE 9, ON ORIGINAL PAGE 21, EFFECTIVE OCTOBER 8, 1957, PROVIDES IN PARAGRAPH (1), THAT IF THE PUBLISHED MINIMUM WEIGHT IS LESS THAN 30,000 POUNDS THEN, ON SHIPMENTS LOADED IN OPEN CARS EXCEEDING 41 FEET, 8 INCHES, IN LENGTH, THE MINIMUM WEIGHT AUTHORIZED WILL BE INCREASED IN ACCORDANCE WITH RULE 34, SECTION 2, PARAGRAPH (B) OF CANADIAN FREIGHT CLASSIFICATION NO. 20, R.K. WATSON, AGENT, C.T.C. NO. 1525. SUPPLEMENT NO. 18 TO THAT CLASSIFICATION PROVIDES IN RULE 34, SECTION 2, PARAGRAPH (B), THAT FOR CARS OVER 50 FEET, 6 INCHES, IN LENGTH, WHEN THE APPLICABLE TARIFF MINIMUM WEIGHT IS 24,000 POUNDS, THE MINIMUM WEIGHT WILL BE 48,000 POUNDS. DETERMINE THE MINIMUM WEIGHT ON THE IDLER CAR YOU USE RULE 9, PARAGRAPH (2) OF CNR TARIFF W. 950, WHICH AT THE TIME OF THIS SHIPMENT, PROVIDED A BASIS FOR CONSTRUCTING MINIMUM WEIGHTS WHEN TWO OR MORE FLAT CARS WERE NECESSARY AND USED BECAUSE OF THE LENGTH OF THE ARTICLE TRANSPORTED. THE WELL DRILLING MACHINE INVOLVED IS 60 FEET IN OVER-ALL LENGTH.

WHILE PARAGRAPH (2) OF RULE 9, AS IT READ ON THE DATE OF THIS SHIPMENT, WOULD PRODUCE THE MINIMUM WEIGHT CLAIMED BY YOU, YOU WILL NOTE THAT PRIOR TO MARCH 1, 1960, THE EFFECTIVE DATE O RULE 9 ON FIRST REVISED PAGE 21 TO CNR TARIFF NO. W. 950, THE RULE APPLIED WHEN A SHIPMENT REQUIRED A SERIES OF TWO OR MORE FLATCARS. THE IDLER CAR (NO. CN-141618) FURNISHED BY THE CARRIER FOR THIS SHIPMENT--- AND REPORTEDLY THE SHIPPER DID NOT ORDER A SPECIFIC TYPE OF IDLER CAR--- WAS A 48 FOOT, 6 INCH GONDOLA CAR. SEE THE LISTING OF CANADIAN NATIONAL RAILWAYS FREIGHT EQUIPMENT IN THE OFFICIAL RAILWAY EQUIPMENT REGISTER, THE RAILWAY EQUIPMENT AND PUBLICATION COMPANY, AGENT.

WE AGREE THAT, UNDER PARAGRAPH (1) OF RULE 9, 48,000 POUNDS IS THE APPLICABLE MINIMUM WEIGHT FOR THE 52-FOOT FLATCAR ORDERED FOR THE SHIPMENT. BUT WE FIND THAT THE MINIMUM WEIGHT FOR THE SERIES OF CARS IS DETERMINED FROM RULE 29, SECTION 1, PARAGRAPH (A) OF CANADIAN FREIGHT CLASSIFICATION NO. 20, WHICH PROVIDED THAT THE MINIMUM WEIGHT PRESCRIBED FOR THE SECOND, OR IDLER CAR, WILL BE 24,000 POUNDS, OR THE MINIMUM WEIGHT PRESCRIBED FOR THE CAR USED, WHICHEVER IS LOWER. IN THIS CASE, THE MINIMUM WEIGHT PRESCRIBED FOR A 48-FOOT, 6 INCH OPEN CAR, IS 24,000 POUNDS, INCREASED TO 38,880 POUNDS. THUS, THE MINIMUM WEIGHT FOR THE IDLER CAR IS 24,000 POUNDS AND, WHEN ADDED TO 48,000 POUNDS, THE MINIMUM WEIGHT APPLICABLE TO THE LONGEST CAR, TOTALS 72,000 POUNDS, THE MINIMUM WEIGHT APPLICABLE TO THE SHIPMENT.

WE HAVE AUTHORIZED OUR TRANSPORTATION DIVISION TO WITHDRAW ITS NOTICE OF OVERPAYMENT AND TO REVISE THE SETTLEMENT TO ALLOW YOU FREIGHT CHARGES BASED ON A 72,000 POUND MINIMUM WEIGHT, IF OTHERWISE CORRECT. NOTICE OF THE REVISED SETTLEMENT SHOULD REACH YOU IN DUE COURSE.