B-151982, FEB. 5, 1964

B-151982, FEB. 5, 1964

TO ILLINOIS CENTRAL RAILROAD:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 23, 1964, FILE G-AFR 31079-BG AFR-55555, REQUESTING RECONSIDERATION OF OUR DECISION OF OCTOBER 11, 1963, B-151982, WHICH SUSTAINED THE DISALLOWANCE OF YOUR CLAIMS FOR $20.01 ON SUPPLEMENTAL BILL NO. AFR-31079-A AND $88.67 ON SUPPLEMENTAL BILL NO. AFR- 55555-B AS ADDITIONAL TRANSPORTATION CHARGES ON SHIPMENTS OF GOVERNMENT PROPERTY ACCORDED TRANSIT PRIVILEGES UNDER THE PROVISIONS OF SOUTHERN FREIGHT ASSOCIATIONS SECTION 22 QUOTATION NO. A-610-A.

IN YOUR REQUEST FOR RECONSIDERATION YOU STATE THAT ITEM G (APPARENTLY 15 (G) ( OF QUOTATION ADVICE 610-A MAY HAVE BEEN OVERLOOKED IN OUR DECISION OF OCTOBER 11, 1963. YOU INVITE ATTENTION TO THE LAST SENTENCE OF ITEM 15 (G) WHICH PARAGRAPH READS AS FOLLOWS:

"WHEN THE ACTUAL TRANSIT WEIGHT OF THE INBOUND AND OUTBOUND SHIPMENT IS LESS THAN THE MINIMUM WEIGHT GOVERNING THE THROUGH RATE, AND THE ACTUAL TRANSIT WEIGHT OF THE OUTBOUND SHIPMENT IS THE SAME AS OR LESS THAN THE ACTUAL TRANSIT WEIGHT OF THE INBOUND SHIPMENT, THE DIFFERENCE BETWEEN THE ACTUAL AND MINIMUM WEIGHT, INBOUND AND OUTBOUND WILL BE CONSIDERED TRANSIT TONNAGE. A TRANSIT TONNAGE CREDIT WILL NOT BE ALLOWED FOR ANY INBOUND WEIGHT NOT INCLUDED IN THE OUTBOUND SHIPMENT.'

SUCH PARAGRAPH PROVIDES THAT WHEN THE ACTUAL TRANSIT WEIGHT OF BOTH THE INBOUND AND OUTBOUND MOVEMENTS ARE LESS THAN THE MINIMUM WEIGHT GOVERNING THE THROUGH RATE, THE DIFFERENCE BETWEEN THE ACTUAL AND MINIMUM WEIGHTS WILL BE CONSIDERED AS IF TRANSITED AND A CREDIT WILL NOT BE ISSUED FOR ANY INBOUND WEIGHT NOT INCLUDED IN THE OUTBOUND MOVEMENT. AS POINTED OUT IN OUR DECISION OF OCTOBER 3, 1963, B-151913, TO YOUR COMPANY SUCH PROVISION DOES NOT APPEAR DIRECTLY TO AFFECT THE APPLICABLE CHARGES WHICH SHOULD BE BORNE BY THE GOVERNMENT.

THE APPLICATION OF CREDIT SLIPS WAS NOT INVOLVED IN EITHER OF THE TWO SUBJECT SHIPMENTS. IN EACH CASE THE RECORD OF TRANSIT FREIGHT BILLS AND TONNAGE CREDITS (FORM DD 575) SHOWS ONE ORIGINAL APPLICATION AND THAT NO CREDIT SLIP WAS ISSUED FOR EITHER OF THE TWO SHIPMENTS. NO CREDIT SLIPS WERE ISSUED ON ANY OF THE INBOUND WEIGHTS, WHETHER ACTUAL OR MINIMUM, INVOLVED IN THE SETTLEMENT OF CHARGES ON THE OUTBOUND SHIPMENTS. WE ARE HERE CONCERNED WITH CHARGES AND HAVE MERELY TAKEN CREDIT FOR ALL CHARGES PAID ON THE INBOUND SHIPMENT IN THE SETTLEMENT OF CHARGES ON THE OUTBOUND MOVEMENT. SINCE THE ACTUAL WEIGHT INBOUND AND OUTBOUND WAS THE SAME, WE HAVE AVAILED OURSELVES OF SUCH CHARGES AS WERE ACTUALLY PAID ON THE INBOUND MOVEMENTS. IT WOULD APPEAR THAT THE PROVISION TO WHICH YOU REFER IS CONCERNED WITH THE POLICING OR THE ACCOUNTING FOR THE ACTUAL TONNAGE AND ITS APPLICATION AND DOES NOT INVOLVE THE ASSESSMENT OF CHARGES.

ACCORDINGLY, OUR DECISION OF OCTOBER 11, 1963, SUSTAINING THE DISALLOWANCE OF YOUR CLAIMS APPEARS PROPER AND IS AFFIRMED.