B-144951, MAY 10, 1961

B-144951: May 10, 1961

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TO THE ATLANTIC AND DANVILLE RAILWAY COMPANY: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 27. THE GOODS WERE TENDERED UNDER GOVERNMENT BILL OF LADING N-30330206 TO THE NEW YORK. WERE DELIVERED AT PORTSMOUTH. CHARGES OF $393.18 WERE BILLED AND PAID ON THE BASIS OF A RATE OF $1.16 PER 100 POUNDS PROVIDED IN TRUNK LINE TERRITORY FREIGHT TARIFF E 180. IN OUR AUDIT IT WAS DETERMINED THAT THE ALLOWABLE CHARGES WERE $376.23 COMPUTED ON THE BASIS OF A RATE OF $1.11 ($1.05 PLUS INCREASE IN X-196-A) PER 100 POUNDS. THE OVERCHARGE OF $16.95 WAS LATER DEDUCTED. A-1132 IS NOT APPLICABLE TO THIS SHIPMENT BECAUSE ITEM 1 OF THE QUOTATION LIMITS THE USE TO FREIGHT ALL KINDS "IN MIXED CARLOADS.'. CANCELLED TEA-ER SECTION 22 QUOTATION A-1132 IN EFFECT WHEN THIS PARTICULAR SHIPMENT WAS MOVED.

B-144951, MAY 10, 1961

TO THE ATLANTIC AND DANVILLE RAILWAY COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 27, 1961, ACKNOWLEDGED FEBRUARY 6, REQUESTING A REVIEW OF OUR SETTLEMENT OF JANUARY 13, 1961, WHICH DISALLOWED YOUR CLAIM FOR $16.95 ADDITIONAL FREIGHT CHARGES STATED ON SUPPLEMENTAL BILL NO. 1124-A, YOUR FILE GOV-T. AD-1124, OUR FILE TK- 705991.

THE SHIPMENT, WEIGHING 33,895 POUNDS, CONSISTED OF ENGINES, STEAM OR INTERNAL COMBUSTION, NOIBN. ON JUNE 22, 1956, THE GOODS WERE TENDERED UNDER GOVERNMENT BILL OF LADING N-30330206 TO THE NEW YORK, NEW HAVEN AND HARTFORD RAILROAD AT SOUTH BOSTON, MASSACHUSETTS, AND WERE DELIVERED AT PORTSMOUTH, VIRGINIA, BY THE ATLANTIC AND DANVILLE RAILWAY COMPANY ON JUNE 28, 1956.

CHARGES OF $393.18 WERE BILLED AND PAID ON THE BASIS OF A RATE OF $1.16 PER 100 POUNDS PROVIDED IN TRUNK LINE TERRITORY FREIGHT TARIFF E 180, I.C.C. A-1059. IN OUR AUDIT IT WAS DETERMINED THAT THE ALLOWABLE CHARGES WERE $376.23 COMPUTED ON THE BASIS OF A RATE OF $1.11 ($1.05 PLUS INCREASE IN X-196-A) PER 100 POUNDS, SUBJECT TO A CARLOAD MINIMUM WEIGHT OF 30,000 POUNDS, AS PROVIDED IN THE TRAFFIC EXECUTIVE ASSOCIATION--- EASTERN RAILROADS SECTION 22 QUOTATION NO. A-1132, ISSUED AND EFFECTIVE APRIL 1, 1954, WITH ITS SUPPLEMENTS IN EFFECT AT THE TIME THE SHIPMENT MOVED. THE OVERCHARGE OF $16.95 WAS LATER DEDUCTED, AS AUTHORIZED BY 49 U.S.C. 66, FROM MONIES OTHERWISE DUE YOUR COMPANY.

IN YOUR REQUEST FOR REVIEW YOU CONTEND THAT THE TRAFFIC EXECUTIVE ASSOCIATION--- EASTERN RAILROADS SECTION 22 QUOTATION NO. A-1132 IS NOT APPLICABLE TO THIS SHIPMENT BECAUSE ITEM 1 OF THE QUOTATION LIMITS THE USE TO FREIGHT ALL KINDS "IN MIXED CARLOADS.'

TEA-ER SECTION 22 QUOTATION NO. A-1132-A, ISSUED AND EFFECTIVE NOVEMBER 5, 1957, CANCELLED TEA-ER SECTION 22 QUOTATION A-1132 IN EFFECT WHEN THIS PARTICULAR SHIPMENT WAS MOVED, JUNE 22, 1956. WHILE QUOTATION NO. A-1132- A WAS APPLICABLE TO FREIGHT ALL KINDS IN MIXED CARLOADS, QUOTATION NO. A- 1132--- IN EFFECT WHEN THE SHIPMENT MOVED--- WAS APPLICABLE TO ALL COMMODITIES EXCEPT THE COMMODITIES LISTED IN ITEM 2. ENGINES, STEAM OR INTERNAL COMBUSTION, NOIBN, WERE NOT INCLUDED IN ITEM 2. HENCE, THAT QUOTATION APPEARS APPLICABLE TO THE SHIPMENT INVOLVED.

WE FIND, THEREFORE, THAT THE RATE OF $1.11 PER 100 POUNDS BASED ON THE TRAFFIC EXECUTIVE ASSOCIATION--- EASTERN RAILROADS SECTION 22 QUOTATION NO. A-1132, WITH ITS SUPPLEMENTS IN EFFECT AT THE TIME THE SHIPMENT MOVED PLUS THE INCREASE IN X-196-A IS THE APPLICABLE RATE FOR THIS SHIPMENT. OUR SETTLEMENT ACTION OF JANUARY 13, 1961, THEREFORE APPEARS CORRECT AND IS SUSTAINED.