B-152894, MAR. 26, 1964

B-152894: Mar 26, 1964

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TO ILLINOIS CENTRAL RAILROAD: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 13. YOU ALSO REQUEST THAT YOU BE FURNISHED A COPY OF THE BILL OF LADING INVOLVED TO SUBSTANTIATE OUR POSITION THAT IT WAS PROPERLY ANNOTATED. FOR THIS SERVICE YOU CLAIMED ORIGINALLY AND WERE PAID CHARGES IN THE AMOUNT OF $18. THAT QUOTATION NEVER BECAME EFFECTIVE SINCE IT WAS CANCELED BY SFA QUOTATION NO. THE LATTER QUOTATION IS FOR APPLICATION IN CONNECTION WITH THE INSTANT SHIPMENT. A-3224 ON THE BILL OF LADING AS REQUIRED BY THE QUOTATION IT IS NOT ENTITLED TO APPLY THE CLASS 55 RATING. SUCH CLAIM WAS DISALLOWED BY THE SETTLEMENT CERTIFICATE DATED AUGUST 8. YOU WERE ADVISED THAT AN OVERCHARGE OF $1. YOU REQUESTED RECONSIDERATION OF THE REMAINING AMOUNT OF $667.82 CLAIMED ON YOUR SUPPLEMENTAL BILL REITERATING YOUR CONTENTION THAT THE GOVERNMENT WAS NOT ENTITLED TO USE SFA QUOTATION NO.

B-152894, MAR. 26, 1964

TO ILLINOIS CENTRAL RAILROAD:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 13, 1963, FILE AR-70951 BG, REQUESTING REVIEW OF OUR SETTLEMENT OF AUGUST 8, 1963, WHICH DISALLOWED YOUR CLAIM, PER SUPPLEMENTAL BILL AR-70951-A, FOR $1,397.82 ADDITIONAL TRANSPORTATION CHARGES IN CONNECTION WITH A SHIPMENT OF MILITARY IMPEDIMENTA WEIGHING 513,847 POUNDS WHICH MOVED FROM CHARLESTON, SOUTH CAROLINA, TO MILLINGTON, TENNESSEE, UNDER GOVERNMENT BILL OF LADING B- 3165086, DATED OCTOBER 2, 1962. YOU ALSO REQUEST THAT YOU BE FURNISHED A COPY OF THE BILL OF LADING INVOLVED TO SUBSTANTIATE OUR POSITION THAT IT WAS PROPERLY ANNOTATED.

FOR THIS SERVICE YOU CLAIMED ORIGINALLY AND WERE PAID CHARGES IN THE AMOUNT OF $18,919.39, COMPUTED ON THE BASIS OF A CLASS 55 RATE OF $2.23 PER 100 POUNDS AT THE ACTUAL WEIGHT IN ACCORDANCE WITH SOUTHERN FREIGHT ASSOCIATION QUOTATION NO. A-3224 AND RATES PUBLISHED IN SOUTHERN FREIGHT ASSOCIATION TARIFF NO. 1011, I.C.C. NO. 1300, PLUS $7.30 PER MILE FOR SPECIAL TRAIN SERVICE. ALTHOUGH BOTH THE BILL OF LADING INVOLVED AND OUR NOTICE OF OVERCHARGE, FORM 1003, REFER TO SFA QUOTATION NO. A-3224, EFFECTIVE JULY 13, 1962, THAT QUOTATION NEVER BECAME EFFECTIVE SINCE IT WAS CANCELED BY SFA QUOTATION NO. A-3224A DATED OCTOBER 25, 1962, EFFECTIVE RETROACTIVELY TO JULY 13, 1962, AND THE LATTER QUOTATION IS FOR APPLICATION IN CONNECTION WITH THE INSTANT SHIPMENT.

PRIOR TO THE AUDIT HERE OF THE ORIGINAL PAYMENT VOUCHER, YOU SUBMITTED YOUR SUPPLEMENTAL BILL AR-70951-A FOR AN ADDITIONAL AMOUNT OF $1,397.82, COMPUTING THE CHARGES ON THE BASIS OF A CLASS 70 RATE OF $2.61 PER 100 POUNDS ON THE ACTUAL WEIGHT OF 513,847 POUNDS IN ACCORDANCE WITH ITEM 69050 OF UNIFORM FREIGHT CLASSIFICATION NO. 6, I.C.C. NO. A-6, AS PUBLISHED IN SOUTHERN FREIGHT ASSOCIATION TARIFF NO. 1011. IN YOUR SUPPLEMENTAL BILL YOU REDUCED A PORTION OF THE CHARGES FOR SPECIAL TRAIN SERVICE BY REFIGURING THE MILEAGE FROM CHARLESTON, SOUTH CAROLINA, TO AUGUSTA, GEORGIA, VIA YEMASSEE, SOUTH CAROLINA, AND CONTENDED THAT SINCE THE GOVERNMENT DID NOT MAKE SPECIFIC REFERENCE TO SFA QUOTATION NO. A-3224 ON THE BILL OF LADING AS REQUIRED BY THE QUOTATION IT IS NOT ENTITLED TO APPLY THE CLASS 55 RATING. SUCH CLAIM WAS DISALLOWED BY THE SETTLEMENT CERTIFICATE DATED AUGUST 8, 1963, AND YOU WERE ADVISED THAT AN OVERCHARGE OF $1,284.80 HAD BEEN MADE ON THIS SHIPMENT FOR WHICH A FORM 1003 ISSUED REQUESTING REFUND OF SUCH OVERCHARGE.

BY LETTER OF PROTEST DATED SEPTEMBER 11, 1963, YOU REDUCED THE AMOUNT OF YOUR CLAIM BY ELIMINATING THE CHARGE OF $730 FOR SPECIAL TRAIN SERVICE BETWEEN MEMPHIS AND MILLINGTON, TENNESSEE, WHICH AGREES WITH THE BASIS USED IN COMPUTING THE OVERCHARGE ON OUR FORM 1003. HOWEVER, YOU REQUESTED RECONSIDERATION OF THE REMAINING AMOUNT OF $667.82 CLAIMED ON YOUR SUPPLEMENTAL BILL REITERATING YOUR CONTENTION THAT THE GOVERNMENT WAS NOT ENTITLED TO USE SFA QUOTATION NO. A-3224 BECAUSE SPECIFIC REFERENCE THERETO WAS NOT PLACED ON THE BILL OF LADING. THIS CLAIM WAS DENIED BY LETTER DATED OCTOBER 16, 1963, ON THE GROUNDS THAT AN APPROPRIATE NOTATION REFERRING TO THE QUOTATION HAD BEEN PLACED ON THE BILL OF LADING AND YOU WERE AGAIN REQUESTED TO REFUND THE OVERCHARGE OF $1,284.80. UPON YOUR FAILURE TO DO SO, A DEDUCTION IN THAT AMOUNT WAS MADE FROM MONIES OTHERWISE DUE YOU.

IN YOUR MOST RECENT LETTER YOU SAY (1) THAT YOU HAVE EXAMINED THE ORIGINAL WAYBILL IN YOUR FILES WHICH YOU STATE IS A DUPLICATE OF THE BILL OF LADING INVOLVED AND FAILED TO FIND ANY REFERENCE TO SFA QUOTATION NO. A -3224 THEREON, AND (2) THAT THE ONLY REFERENCE ON THE WAYBILL TO THE QUOTATION IN QUESTION IS AN ANNOTATION IN THE LOWER RIGHT SIDE OF THE WAYBILL PLACED THERE BY YOUR RATE DEPARTMENT SOLELY FOR RATING PURPOSES. YOU STILL TAKE THE POSITION THAT THE GOVERNMENT IS NOT ENTITLED TO APPLY THE RATES IN SFA QUOTATION NO. A-3224 CONTENDING THAT THE BILL OF LADING DID NOT MAKE SPECIFIC REFERENCE TO SUCH QUOTATION AS REQUIRED BY ITEM 3 THEREOF.

THE ORIGINAL BILL OF LADING ON FILE HERE IN THE BLOCK ENTITLED "TARIFF OR SPECIAL RATE AUTHORITIES" BEARS THE ANNOTATION "SFA A3224 EFF 13 JUL 62" INDICATING THAT ITEM 3 OF THE QUOTATION HAD BEEN COMPLIED WITH IN THAT A SPECIFIC REFERENCE TO THE QUOTATION WAS PLACED ON THE BILL OF LADING. HOWEVER, IN VIEW OF THE POSSIBILITY THAT SUCH NOTATION MAY HAVE BEEN INSERTED BY YOUR RATE DEPARTMENT, WE REQUESTED THE ADMINISTRATIVE OFFICE TO FURNISH US A COPY OF THE MEMORANDUM COPY OF THE BILL OF LADING AND TO ADVISE US WHETHER THE REFERENCE TO SFA QUOTATION NO. A-3224 HAD BEEN PLACED ON THE ORIGINAL BILL OF LADING BY THE ISSUING OFFICE. IN RESPONSE TO OUR INQUIRY, WE WERE ADVISED BY A FIRST INDORSEMENT DATED JANUARY 21, 1964, ADDRESSED TO THE COMMANDER, SOUTH EASTERN TRAFFIC REGION, DTMS, ATLANTA ARMY DEPOT, FOREST PARK, GEORGIA, FROM THE OFFICER IN CHARGE, CHARLESTON OUTPORT, U.S. ARMY TERMINAL COMMAND, ATLANTIC, NORTH CHARLESTON, SOUTH CAROLINA, THE ISSUING OFFICE, THAT THE REFERENCE TO SFA QUOTATION NO. A-3224 WAS PLACED ON GOVERNMENT BILL OF LADING B-3165086 BY THAT OFFICE ON OCTOBER 2, 1962, WHICH WAS THE SAME DAY ON WHICH THE BILL OF LADING WAS PREPARED. WE WERE ALSO FURNISHED A COPY OF THE MEMORANDUM COPY OF THE BILL OF LADING IN QUESTION.

PURSUANT TO YOUR REQUEST THERE IS ENCLOSED A COPY OF THE FRONT SIDE OF BILL OF LADING B-3165086, AS WELL AS A COPY OF THE FRONT SIDE OF THE MEMORANDUM COPY. IT WILL BE SEEN THAT THE NOTATION "SFA A3224 EFF 13 JUL 62" APPEARS IN THE SPACE ENTITLED "TARIFF OR SPECIAL RATE AUTHORITIES ( C/L-T/L OR VOL ONLY)" ABOVE THE CERTIFICATE OF THE ISSUING OFFICER. THE CIRCUMSTANCES, IT MUST BE CONCLUDED THAT ITEM 3 OF THE QUOTATION WAS COMPLIED WITH. ACCORDINGLY, OUR SETTLEMENT ACTION WAS PROPER AND IS SUSTAINED.