B-167366, MAY 5, 1970

B-167366: May 5, 1970

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IS DENIED. SUCH DECISIONS ALSO EXPLAIN THAT TRAILER IS PART OF PACKAGE TENDERED TO CARRIER. AS SUCH IS COVERED BY PACKAGING PROVISIONS OF RULE 680 OF NMFC A-9. IT IS NOTED THAT EFFECTIVE MAR. 21. WHEN DENSITY OF SHIPMENT IS NOT LESS THAN 8 POUNDS PER CUBIC FOOT. OUR AUDIT ACTION WAS ADHERED TO IN THE SETTLEMENT CERTIFICATE DATED SEPTEMBER 15. RULE 680 OF NMFC A-9 IS A REISSUANCE OF RULE 30 OF NMFC A-8. ENCLOSED ARE COPIES OF OUR DECISIONS OF AUGUST 15. BOTH OF WHICH EXPLAIN OUR REASONS FOR REJECTING THE CONTENTION THAT AIRPLANE ENGINES MOUNTED ON TRAILERS ARE COMBINATION ARTICLES. THESE DECISIONS ALSO EXPLAIN OUR BELIEF THAT THE FOUR-WHEELED CARRIER OR TRAILER IS MADE FOR THE SPECIFIC PURPOSE OF SUPPORTING THE ENGINES IN TRANSPORTATION AND STORAGE.

B-167366, MAY 5, 1970

TRANSPORTATION RATES--CLASS V. COMMODITY--TRAILERS MOTOR CARRIER'S CLAIM FOR ADDITIONAL FREIGHT CHARGES FOR SHIPPING 2 AIRCRAFT ENGINES MOUNTED ON 4-WHEELED TRAILERS, BASED ON CONTENTION THAT ENGINE-TRAILER UNITS SHOULD BE TREATED AS COMBINATION ARTICLES, IS DENIED, FOR REASONS EXPLAINED IN B-161055, AUG. 15, 1969, AND 48 COMP. GEN. 542. SUCH DECISIONS ALSO EXPLAIN THAT TRAILER IS PART OF PACKAGE TENDERED TO CARRIER, AND AS SUCH IS COVERED BY PACKAGING PROVISIONS OF RULE 680 OF NMFC A-9. IT IS NOTED THAT EFFECTIVE MAR. 21, 1970, NMFC A 10 NAMES LESS- TRUCKLOAD RATING OF CLASS 100 ON INTERNAL COMBUSTION ENGINES "MOUNTED ON TRAILERS OR WHEELED SHIPPING CONTAINERS." SEE COMP. GEN. DECS. AND CT. CASE CITED.

TO RED BALL MOTOR FREIGHT, INC.:

WE REFER TO YOUR LETTER OF OCTOBER 14, 1969, WITH ENCLOSURES, REQUESTING REVIEW OF OUR SETTLEMENT CERTIFICATE DATED SEPTEMBER 15, 1969, THAT DISALLOWED YOUR CLAIM OC-84498, OUR TK-895308 FOR $1,042.34. THE CLAIM REPRESENTS ADDITIONAL FREIGHT CHARGES ALLEGEDLY DUE ON A MIXED LESS TRUCKLOAD SHIPMENT WHICH INCLUDED TWO AIRCRAFT ENGINES MOUNTED ON FOUR- WHEELED TRAILERS AND WHICH MOVED FROM MCCHORD AIR FORCE BASE, WASHINGTON, TO TINKER AIR FORCE BASE, OKLAHOMA, UNDER GOVERNMENT BILL OF LADING NO. D- 4492575, ISSUED NOVEMBER 26, 1967.

YOU ORIGINALLY COLLECTED FREIGHT CHARGES FOR THE ENGINES APPARENTLY BASED ON THE CLASS 200 LESS TRUCKLOAD RATING AUTHORIZED IN ITEM 189140 A SUB 3, SUPPLEMENT 6, TO NATIONAL MOTOR FREIGHT CLASSIFICATION (NMFC) A-9, MF- I.C.C. 9, APPLYING ON FREIGHT TRAILERS EXCEEDING 44 INCHES IN HEIGHT. THE AUDIT OF THE PAYMENT VOUCHER HERE, WE RATED THE ENGINES MOUNTED ON FOUR-WHEELED TRAILERS UNDER ITEM 22550 OF ROCKY MOUNTAIN MOTOR TARIFF BUREAU U.S. GOVERNMENT QUOTATION ICC NO. 18, WHICH APPLIES ON ENGINES, INTERNAL COMBUSTION, RADIAL CYLINDER TYPE OR JET PROPULSION TYPE, WHEN DENSITY OF SHIPMENT IS NOT LESS THAN 8 POUNDS PER CUBIC FOOT.

YOU PROTESTED OUR OVERCHARGE ACTION STATING THAT THE FAILURE TO SHOW THE DENSITY OF THE ENGINES ON THE BILL OF LADING CONTRAVENED THE REQUIREMENTS OF ITEM 240 OF RMMTB QUOTATION ICC 18 AND MADE THIS QUOTATION INAPPLICABLE. OUR AUDIT ACTION WAS ADHERED TO IN THE SETTLEMENT CERTIFICATE DATED SEPTEMBER 15, 1969, BECAUSE THE BILL OF LADING SHOWED THE WEIGHT OF EACH ENGINE AND TRAILER AND THE CUBIC MEASUREMENT OF EACH UNIT AND THEREFORE THE DENSITY COULD BE DETERMINED FROM THIS INFORMATION. WE CONCLUDED THAT THIS CONSTITUTED SUBSTANTIAL COMPLIANCE WITH THE REQUIREMENT THAT THE CUBIC DENSITY BE SHOWN ON THE BILL OF LADING, CITING CAMPBELL "66" EXPRESS, INC. V. UNITED STATES, 302 F. 2D 270, 272 (1962).

IN YOUR LETTER OF OCTOBER 14, 1969, YOU APPARENTLY CONCEDE THE DENSITY QUESTION AND NOW CONTEND THAT THE ENGINE-TRAILER UNITS SHOULD BE TREATED AS COMBINATION ARTICLES RATABLE AT THE HIGHER TRAILER RATING OF EITHER CLASS 150 OR 200 (DEPENDING ON THE HEIGHT OF THE TRAILER), WHICH IN YOUR VIEW WOULD MAKE RMMTB QUOTATION 18 INAPPLICABLE.

ITEM 20 OF RMMTB QUOTATION 18 SUBJECTS THE QUOTATION TO THE PROVISIONS OF NMFC A-9 UNLESS OTHERWISE PROVIDED IN THE QUOTATION. (WE FIND NO CONTRARY PROVISIONS IN CONNECTION WITH THE RATING ON THE ENGINES IN ITEM 22550 OF THE QUOTATION.) AND RULE 680 OF NMFC A-9 IS A REISSUANCE OF RULE 30 OF NMFC A-8. ENCLOSED ARE COPIES OF OUR DECISIONS OF AUGUST 15, 1969, B- 161055, TO YOU, AND OF FEBRUARY 13, 1969, B-165750, TO ILLINOIS-CALIFORNIA EXPRESS, INC; BOTH OF WHICH EXPLAIN OUR REASONS FOR REJECTING THE CONTENTION THAT AIRPLANE ENGINES MOUNTED ON TRAILERS ARE COMBINATION ARTICLES.

THESE DECISIONS ALSO EXPLAIN OUR BELIEF THAT THE FOUR-WHEELED CARRIER OR TRAILER IS MADE FOR THE SPECIFIC PURPOSE OF SUPPORTING THE ENGINES IN TRANSPORTATION AND STORAGE, THAT THE TRAILER IS PART OF THE PACKAGE TENDERED TO THE CARRIER, AND THAT AS SUCH IT IS COVERED BY THE PACKAGING PROVISIONS OF RULE 30 OF NMFC A-8, NOW RULE 680 OF NMFC A-9. WE NOTE TOO THAT EFFECTIVE MARCH 21, 1970, NMFC A-10 NAMES A LESS TRUCKLOAD RATING OF CLASS 100 ON INTERNAL COMBUSTION ENGINES "MOUNTED ON TRAILERS OR WHEELED SHIPPING CONTAINERS."

OUR SETTLEMENT OF SEPTEMBER 15, 1969, IS CONSISTENT WITH THE FOREGOING AND IS SUSTAINED.