Request for Reconsideration

A carrier requested reconsideration of a decision in which it was held that its bill for additional freight charges could not be certified for payment because the record indicated that the carrier was not billing in the name of the principal carrier, contrary to regulations in effect at that time. Also contrary to the implementing regulation of the Fly America Act, the carrier presented no evidence to justify the use of a foreign-flag air carrier for part of the transportation when an American-flag air carrier was available. The carrier was authorized to ship 875 pounds of freight for an employee from Washington, D.C. to Frankfurt, Germany. A partial shipment of 443 pounds was made for which the carrier was paid. A month later, an additional 190 pounds of freight was shipped to the same employee in Frankfurt, Germany. The carrier tendered the shipment to Trans World Airlines (TWA) at Dulles International Airport, and in Paris, France, TWA interlined the shipment with Lufthansa, a foreign-flag air carrier, which transported it to Frankfurt. To support its request for reconsideration, the carrier provided a copy of its authorization by the Civil Aeronautics Board to act as an international air freight forwarder in overseas and foreign air transportation. Based on this new evidence, the prior decision was modified, and payment was authorized in the amount representing the through door-to-door transportation charges billed less the amount improperly diverted from American-flag air carriers.