B-152163, JAN. 2, 1964

B-152163: Jan 2, 1964

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TO THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY: WE HAVE CONSIDERED YOUR REQUEST OF JULY 26. ACCOMPANIED BY ARMED COURIERS WHOSE FARES WERE SEPARATELY BILLED AND PAID AND ARE NOT IN ISSUE HERE. " CHARGES WERE SETTLED AT THE AGGREGATE OF THE LOCAL FREIGHT RATES APPLICABLE OVER THE ROUTE OF MOVEMENT. YOUR CLAIM FOR ADDITIONAL CHARGES OF $115.66 IS BASED UPON THE LOCAL RATE OF $1.02 PER 100 POUNDS FROM ROCKY TO DENVER AT THE START OF THE TRIP AND $102 FROM DENVER TO ROCKY AS ITS END. YOUR JUSTIFICATION FOR THIS IS THAT THE THROUGH CHARGES SHOULD BE COMPUTED AT A COMBINATION OF LOCAL FREIGHT RATES VIA THE PASSENGER ROUTE ACTUALLY TRAVERSED WHERE THERE IS NOT A FREIGHT ROUTE WHICH COINCIDES WITH THE PASSENGER ROUTE USED.

B-152163, JAN. 2, 1964

TO THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY:

WE HAVE CONSIDERED YOUR REQUEST OF JULY 26, 1963, FILE 5 GB-27445, FOR REVIEW OF THE SETTLEMENT DATED JULY 7, 1961, IN CLAIM TK-703820, WHICH DISALLOWED YOUR CLAIM FOR $115.66 ADDITIONAL TO THE CHARGES PAID ON YOUR BILL 27445 FOR TRANSPORTATION FURNISHED THE ATOMIC ENERGY COMMISSION ON BILL OF LADING AT-171427, DATED JUNE 1, 1959.

BILL OF LADING AT-171427 COVERED A TRIP OF A GOVERNMENT-OWNED CAR IN PASSENGER TRAIN SERVICE FROM ROCKY, COLORADO, TO SANDIA BASE, ALBUQUERQUE, NEW MEXICO; KILLEEN BASE, KILLEEN, TEXAS; BOSSIER BASE, SHREVEPORT, LOUISIANA; AND THENCE TO ROCKY, COLORADO. THE CAR CONTAINED 5,670 POUNDS OF TRAINING MATERIAL, ACCOMPANIED BY ARMED COURIERS WHOSE FARES WERE SEPARATELY BILLED AND PAID AND ARE NOT IN ISSUE HERE. IN ACCORDANCE WITH THE AUTHORITY SHOWN ON THE BILL OF DING,"JOINT MILITARY PASSENGER AGREEMENT (NO. 29), SEC. 25 AND SEC. 22 DATED JULY 1, 1951," CHARGES WERE SETTLED AT THE AGGREGATE OF THE LOCAL FREIGHT RATES APPLICABLE OVER THE ROUTE OF MOVEMENT.

YOUR CLAIM FOR ADDITIONAL CHARGES OF $115.66 IS BASED UPON THE LOCAL RATE OF $1.02 PER 100 POUNDS FROM ROCKY TO DENVER AT THE START OF THE TRIP AND $102 FROM DENVER TO ROCKY AS ITS END. YOUR JUSTIFICATION FOR THIS IS THAT THE THROUGH CHARGES SHOULD BE COMPUTED AT A COMBINATION OF LOCAL FREIGHT RATES VIA THE PASSENGER ROUTE ACTUALLY TRAVERSED WHERE THERE IS NOT A FREIGHT ROUTE WHICH COINCIDES WITH THE PASSENGER ROUTE USED. THIS, YOU ASSERT, IS THE CORRECT INTERPRETATION OF THE LETTER OF JULY 1, 1951, TO THE ATOMIC ENERGY COMMISSION IN WHICH THE VARIOUS PASSENGER ASSOCIATIONS, ON BEHALF OF THEIR MEMBER CARRIERS, OFFERED TO PROTECT MILITARY IMPEDIMENTA RATES ON THE COMMISSION'S SHIPMENTS OF TRAINING MATERIAL IN GOVERNMENT-OWNED CARS IN PASSENGER TRAIN SERVICE AND OF SECTION 25, JOINT MILITARY PASSENGER AGREEMENT NO. 29, WHICH PROVIDES FOR THE TRANSPORTATION OF MILITARY IMPEDIMENTA IN PASSENGER TRAIN SERVICE AT A CHARGE WHICH

"WILL BE THE SAME AMOUNT IN DOLLARS AND CENTS AS WOULD APPLY IF THE SHIPMENT WERE MADE IN REGULAR FREIGHT TRAIN SERVICE UNDER CURRENT TARIFFS AND AGREEMENTS WITH THE MILITARY AUTHORITIES * * *,"

AND WHICH WILL APPLY OVER ALL LINES AND ROUTES VIA WHICH THE IMPEDIMENTA MOVES IN PASSENGER TRAIN SERVICE. YOU MENTION ARMY SPECIAL REGULATIONS SR 55-105-5, MARCH 12, 1953, AS SUPPORTING YOUR CONTENTIONS.

WE HAVE CONSIDERED THE ISSUE INVOLVED A NUMBER OF TIMES IN RESPONSE TO YOUR REQUESTS FOR REVIEW OF SIMILAR CLAIM SETTLEMENTS AND RECONSIDERATION OF OUR DECISIONS ON THE POINT. SEE OUR DECISIONS OF MARCH 29, AUGUST 5, OCTOBER 2 AND DECEMBER 16, 1963, B-149821; OF JULY 22 AND OCTOBER 18, 1963, B-151850; AND OF JANUARY 2, 1964, B-151820. THE GIST OF THOSE DECISIONS IS THAT THE LATTER OF JULY 1, 1951, UNEQUIVOCALLY OFFERED TO TRANSPORT SHIPMENTS OF ATOMIC ENERGY COMMISSION TRAINING MATERIAL IN GOVERNMENT-OWNED CARS IN PASSENGER TRAIN SERVICE AT THE SAME RATES AS THOSE AVAILABLE FOR THE TRANSPORTATION OF MILITARY IMPEDIMENTA. JOINT MILITARY PASSENGER AGREEMENT NO. 29 PROVIDED IN SECTION 25 FOR THE TRANSPORTATION OF MILITARY IMPEDIMENTA IN PASSENGER TRAIN SERVICE AT A CHARGE WHICH WOULD BE THE SAME AMOUNT IN DOLLARS AND CENTS AS WOULD APPLY IF THE SHIPMENT HAD MOVED IN REGULAR FREIGHT TRAIN SERVICE UNDER CURRENT TARIFFS AND AGREEMENTS. THUS THE CHARGE FOR TRANSPORTING MILITARY IMPEDIMENTA IN PASSENGER TRAIN SERVICE--- AND, BY VIRTUE OF THE JULY 1, 1951 OFFER, THE CHARGE FOR TRANSPORTING ATOMIC ENERGY COMMISSION TRAINING MATERIAL IN PASSENGER TRAIN SERVICE--- WOULD BE THE CHARGE PAYABLE ("THE SAME AMOUNT IN DOLLARS AND CENTS") FOR TRANSPORTING A LIKE QUANTITY OF MILITARY IMPEDIMENTA IN REGULAR FREIGHT TRAIN SERVICE. AND THE ONLY WAY THIS CHARGE CAN BE DETERMINED IS BY APPLYING THE FREIGHT RATE APPLICABLE VIA A FREIGHT ROUTE OVER WHICH THE SHIPMENT WOULD HAVE MOVED IN REGULAR FREIGHT TRAIN SERVICE. ONCE THIS CHARGE HAS BEEN SO DETERMINED,"THE SAME AMOUNT IN DOLLARS AND CENTS" IS THE CHARGE PROPERLY APPLICABLE TO THE SHIPMENT OF TRAINING MATERIAL IN PASSENGER TRAIN SERVICE.

OUR SETTLEMENT OF JULY 7, 1961, DISALLOWING YOUR CLAIM, WAS CONSISTENT WITH THE FOREGOING AND IT IS SUSTAINED.