B-168152, NOV. 14, 1969

B-168152: Nov 14, 1969

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ARE DENIED. MILEAGE IS TO BE DETERMINED IN ACCORDANCE WITH RULES IN HOUSEHOLD GOODS CARRIERS BUREAU. WHICH RULES PROVIDE THAT DISTANCE IS TO BE DETERMINED VIA SHORTEST PRACTICABLE TRUCK ROUTE REGARDLESS OF ACTUAL ROUTE WHICH CARRIER SELECTS TO PERFORM TRANSPORTATION. SHORTLINE MILEAGE IS TO BE DETERMINED BETWEEN ORIGIN AND DESTINATION WITHOUT REGARD TO FACT THAT SHIPMENT MAY HAVE ACTUALLY MOVED VIA RICHMOND. FOR THIS SERVICE YOU ORIGINALLY CLAIMED AND WERE PAID $722.50. THE OVERCHARGE WAS SUBSEQUENTLY RECOVERED BY ADMINISTRATIVE DEDUCTION. YOUR CLAIM FOR ADDITIONAL CHARGES OF $200 IS BASED ON A MILEAGE RATE OF $2.89 PER HUNDRED POUNDS FOR 694 MILES COMPUTED VIA RICHMOND. FOR THIS SERVICE YOU ORIGINALLY CLAIMED AND WERE PAID $933.60.

B-168152, NOV. 14, 1969

ROUTES--SHORTEST V. ACTUAL MOTOR CARRIER'S CLAIMS FOR ADDITIONAL CHARGES ALLEGED DUE ON TWO SHIPMENTS OF EXPLOSIVES (FROM OCHILLEE, GA. TO FT. CAMPBELL, KY; AND FROM MILAN, TENN. TO FT. DIX, N.J.) ARE DENIED, SINCE FOR PURPOSE OF DETERMINING APPLICABLE CHARGES, MILEAGE IS TO BE DETERMINED IN ACCORDANCE WITH RULES IN HOUSEHOLD GOODS CARRIERS BUREAU, INC; MILEAGE GUIDE, INCORPORATED BY REFERENCE IN ITEM 50 OF TARIFF, WHICH RULES PROVIDE THAT DISTANCE IS TO BE DETERMINED VIA SHORTEST PRACTICABLE TRUCK ROUTE REGARDLESS OF ACTUAL ROUTE WHICH CARRIER SELECTS TO PERFORM TRANSPORTATION; IN PRESENT CLAIMS, THEREFORE, SHORTLINE MILEAGE IS TO BE DETERMINED BETWEEN ORIGIN AND DESTINATION WITHOUT REGARD TO FACT THAT SHIPMENT MAY HAVE ACTUALLY MOVED VIA RICHMOND, KY.

TO C.I. WHITTEN TRANSFER COMPANY:

SUBJECT: GAO FILE NO. TK-888048, YOUR FILE NOS. O/C 8-127 AND 8 152

IN YOUR LETTER OF OCTOBER 13, 1969, YOU REQUEST REVIEW OF OUR DISALLOWANCE OF YOUR CLAIMS BY BILL NO. 5183-A IN THE AMOUNT OF $233.60 FOR ADDITIONAL CHARGES ALLEGED TO BE DUE ON TWO SHIPMENTS OF EXPLOSIVES.

THE FIRST SHIPMENT, CONSISTING OF DETONATING FUZES, WEIGHING 4,091 POUNDS, MOVED FROM OCHILLEE, GEORGIA, TO FT. CAMPBELL, KENTUCKY, UNDER GOVERNMENT BILL OF LADING NO. D-2738827, DATED MAY 25, 1967. FOR THIS SERVICE YOU ORIGINALLY CLAIMED AND WERE PAID $722.50. ON AUDIT OF THE PAYMENT VOUCHER, OUR OFFICE ISSUED A NOTICE OF OVERCHARGE (FORM 1003) FOR REFUND OF AN OVERCHARGE IN THE AMOUNT OF $200 DETERMINED BY THE APPLICATION OF A MILEAGE RATE OF $2.09 PER HUNDRED POUNDS ON A MINIMUM WEIGHT OF 25,000 POUNDS COMPUTED BY APPLYING THE SHORTLINE MILEAGE OF 392 MILES BETWEEN ORIGIN AND DESTINATION. THE OVERCHARGE WAS SUBSEQUENTLY RECOVERED BY ADMINISTRATIVE DEDUCTION.

YOUR CLAIM FOR ADDITIONAL CHARGES OF $200 IS BASED ON A MILEAGE RATE OF $2.89 PER HUNDRED POUNDS FOR 694 MILES COMPUTED VIA RICHMOND, KENTUCKY, THE POINT OF INTERCHANGE BETWEEN HUGHES TRANSPORTATION, INC., AND C.I. WHITTEN TRANSFER.

THE SECOND SHIPMENT, CONSISTING OF AMMUNITION FOR CANNON, WEIGHING 19,044 POUNDS, MOVED FROM MILAN, TENNESSEE, TO FORT DIX, NEW JERSEY, UNDER GOVERNMENT BILL OF LADING NO. C-7071986, DATED MAY 26, 1967. FOR THIS SERVICE YOU ORIGINALLY CLAIMED AND WERE PAID $933.60. ON AUDIT OF THE PAYMENT VOUCHER, OUR OFFICE ISSUED A NOTICE OF OVERCHARGE (FORM 1003) FOR REFUND OF AN OVERCHARGE IN THE AMOUNT OF $33.60 DETERMINED BY THE APPLICATION OF A MILEAGE RATE OF $3.56 PER HUNDRED POUNDS ON A MINIMUM WEIGHT OF 25,000 POUNDS COMPUTED BY APPLYING THE SHORTLINE MILEAGE OF 1,019 MILES BETWEEN ORIGIN AND DESTINATION. THE OVERCHARGE WAS SUBSEQUENTLY RECOVERED BY ADMINISTRATIVE DEDUCTION.

YOUR CLAIM FOR ADDITIONAL CHARGES OF $33.60 IS BASED ON A MILEAGE RATE OF $4.13 PER HUNDRED POUNDS FOR 1,092 MILES COMPUTED VIA RICHMOND, KENTUCKY, THE POINT OF INTERCHANGE BETWEEN HUGHES TRANSPORTATION, INC., AND C.I. WHITTEN TRANSFER.

IN YOUR REQUEST FOR REVIEW OF OUR DISALLOWANCE OF YOUR SUPPLEMENTAL BILL YOU CONTEND THAT IN USING THE SHORTLINE MILEAGE FROM ORIGIN TO DESTINATION ACCORDING TO THE HOUSEHOLD GOODS MILEAGE GUIDE, OUR OFFICE HAS: (1) FAILED TO TAKE INTO CONSIDERATION THE MILEAGE VIA THE INTERCHANGE POINT WITH THE CONNECTING CARRIER; (2) FAILED TO TAKE INTO CONSIDERATION THE PROVISIONS OF ITEM 130 OF TARIFF CIW (C.I. WHITTEN TARIFF) NO. 56, PROVIDING FOR APPLICABILITY OF THE RATES OVER THE ROUTES AUTHORIZED; (3) FAILED TO RECOGNIZE THE ROUTES AUTHORIZED BY ITEM 220 OF THE TARIFF; AND (4) FAILED TO TAKE INTO CONSIDERATION THE FIRST PARAGRAPH OF ITEM 10 IN THE TARIFF.

THE ISSUES INVOLVED IN THESE CLAIMS WERE CONSIDERED IN B-166586, ET AL., DATED OCTOBER 21, 1969, COPY ENCLOSED, IN WHICH WE HELD THAT, FOR THE PURPOSE OF DETERMINING THE APPLICABLE CHARGES, THE MILEAGE IS TO BE DETERMINED IN ACCORDANCE WITH THE RULES IN HOUSEHOLD GOODS CARRIERS BUREAU, INC., MILEAGE GUIDE, INCORPORATED BY REFERENCE IN ITEM 50 OF THE TARIFF. THESE MILEAGE RULES PROVIDE THAT THE DISTANCE IS TO BE DETERMINED VIA THE SHORTEST PRACTICABLE TRUCK ROUTE REGARDLESS OF ACTUAL ROUTE WHICH CARRIER MAY SELECT TO PERFORM THE TRANSPORTATION SERVICE. IN THE PRESENT CLAIMS, THEREFORE, THE SHORTLINE MILEAGE IS TO BE DETERMINED BETWEEN ORIGIN AND DESTINATION WITHOUT REGARD TO THE FACT THAT THE SHIPMENT MAY HAVE ACTUALLY MOVED VIA RICHMOND, KENTUCKY.