B-177141, FEB 6, 1973

B-177141: Feb 6, 1973

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SINCE THE SHIPMENT CHARGES ARE COMPUTED ON THE BASIS OF THE MILEAGE DETERMINED IN ACCORDANCE WITH THE RULES IN THE MILEAGE GUIDE ISSUED BY HOUSEHOLD GOODS CARRIERS' BUREAU. THE PRIOR DISALLOWANCE OF THE CLAIM IS SUSTAINED. FOR THE FOUR SHIPMENTS OF BLACK POWDER YOU ORIGINALLY CLAIMED AND WERE PAID BY THE ARMY FINANCE CENTER ON YOUR BILL NO. 5812. WHICH YOU INDICATE IS THE MILEAGE OVER THE ACTUAL ROUTE OF MOVEMENT VIA JEFFERSONVILLE. NOTICES OF OVERCHARGE (FORMS 1003) WERE ISSUED FOR THE REFUND OF $68.13. THIS SHORTLINE MILEAGE COMPUTATION IS BASED UPON THE MILEAGE GUIDE ISSUED BY THE HOUSEHOLD GOODS CARRIERS' BUREAU AND APPLIED TO THE TABLE OF MILEAGE RATES SET FORTH IN YOUR TARIFF NO. 56.

B-177141, FEB 6, 1973

TRANSPORTATION - MILEAGE COMPUTATION - SHORTEST PRACTICABLE TRUCK ROUTE DECISION CONCERNING A RECONSIDERATION OF THE PRIOR DISALLOWANCE OF A CLAIM BY C. I. WHITTEN TRANSFER COMPANY FOR $68.13 AS ADDITIONAL CHARGES ON FOUR SHIPMENTS OF "BLACK POWDER CLASS A EXPLOSIVE" TRANSPORTED FROM GLENWILLOW, OHIO, TO INDIANA ARMY AMMUNITION PLANT, CHARLESTOWN, IND. SINCE THE SHIPMENT CHARGES ARE COMPUTED ON THE BASIS OF THE MILEAGE DETERMINED IN ACCORDANCE WITH THE RULES IN THE MILEAGE GUIDE ISSUED BY HOUSEHOLD GOODS CARRIERS' BUREAU, WHICH PROVIDES FOR MILEAGE COMPUTATION BETWEEN ALL POINTS VIA THE SHORTEST PRACTICABLE TRUCK ROUTE AND NOT THE ACTUAL ROUTE WHICH THE CARRIER MAY SELECT, THE PRIOR DISALLOWANCE OF THE CLAIM IS SUSTAINED.

TO C. I. WHITTEN TRANSFER COMPANY:

WE REFER TO YOUR LETTER OF SEPTEMBER 27, 1972, IN WHICH YOU REQUEST REVIEW OF THE DISALLOWANCES OF YOUR CLAIM FOR $68.13 AS ADDITIONAL CHARGES ON FOUR SHIPMENTS OF "BLACK POWDER CLASS A EXPLOSIVE" TRANSPORTED FROM GLENWILLOW, OHIO, TO INDIANA AAP, CHARLESTOWN, INDIANA, DURING JULY AND AUGUST 1968.

FOR THE FOUR SHIPMENTS OF BLACK POWDER YOU ORIGINALLY CLAIMED AND WERE PAID BY THE ARMY FINANCE CENTER ON YOUR BILL NO. 5812, FREIGHT CHARGES COMPUTED ON THE BASIS OF THE MILEAGE RATE NAMED IN C. I. WHITTEN TRANSFER COMPANY EXPLOSIVES TARIFF MF-I.C.C. 56 FOR 375 MILES, WHICH YOU INDICATE IS THE MILEAGE OVER THE ACTUAL ROUTE OF MOVEMENT VIA JEFFERSONVILLE, INDIANA, SAID TO BE THE POINT OF INTERCHANGE WITH FALLS CITIES TRANSFER AND STORAGE COMPANY, THE DELIVERING CARRIER.

IN THE AUDIT OF YOUR BILL NO. 5812, NOTICES OF OVERCHARGE (FORMS 1003) WERE ISSUED FOR THE REFUND OF $68.13, WHICH RESULTED FROM THE APPLICATION OF RATES COMPUTED ON THE BASIS OF THE SHORT LINE MILES, 350, BETWEEN GLENWILLOW, OHIO, AND CHARLESTOWN, INDIANA. THIS SHORTLINE MILEAGE COMPUTATION IS BASED UPON THE MILEAGE GUIDE ISSUED BY THE HOUSEHOLD GOODS CARRIERS' BUREAU AND APPLIED TO THE TABLE OF MILEAGE RATES SET FORTH IN YOUR TARIFF NO. 56. UPON YOUR FAILURE TO REFUND THE OVERCHARGES OF $68.13, THEY WERE COLLECTED BY SETOFF IN THE PAYMENT OF ONE OF YOUR LATER BILLS. BY YOUR BILL NO. 5812-B, YOU RECLAIMED THE $68.13, AND THAT CLAIM WAS DISALLOWED IN OUR SETTLEMENT CERTIFICATE (TK-919589) DATED JULY 3, 1972.

IN YOUR REQUEST FOR REVIEW OF THE DISALLOWANCE YOU CONTEND THAT UNDER THE PROVISIONS OF C. I. WHITTEN TRANSPORTATION COMPANY EXPLOSIVES TARIFF MF- I.C.C. 56, MILEAGE SHOULD BE COMPUTED THROUGH INTERCHANGE POINTS. DISAGREE WITH THAT CONTENTION.

IT IS OUR POSITION THAT ITEM 50 OF THE TARIFF PROVIDES THAT THE APPLICABLE CHARGES FOR THESE FOUR SHIPMENTS SHOULD BE COMPUTED ON THE BASIS OF THE MILEAGE DETERMINED IN ACCORDANCE WITH THE RULES IN THE MILEAGE GUIDE ISSUED BY THE HOUSEHOLD GOODS CARRIERS' BUREAU. THESE MILEAGE RULES PROVIDE FOR THE COMPUTATION OF MILEAGES BETWEEN ALL POINTS VIA THE SHORTEST PRACTICABLE TRUCK ROUTE AND NOT THE ACTUAL ROUTE WHICH THE CARRIER MAY SELECT IN PERFORMANCE OF THE TRANSPORTATION SERVICE. SEE M. I. O'BOYLE & SON, INC. V. UNITED STATES, 157 CT. CL. 603 (1962). THUS THE SHORTLINE MILES (350) FOR THE FOUR SHIPMENTS ARE TO BE DETERMINED BETWEEN GLENWILLOW, OHIO, AND CHARLESTOWN, INDIANA, AND NOT THE ACTUAL ROUTE OF MOVEMENT VIA JEFFERSONVILLE, INDIANA.

ACCORDINGLY, THE SETTLEMENT CERTIFICATE DISALLOWING YOUR CLAIM FOR $68.13 IS SUSTAINED.