B-132223, JAN. 2, 1958

B-132223, JAN. 2, 1958

TO THE YELLOW TRANSIT FREIGHT LINES, INC.:

REFERENCE IS MADE TO YOUR LETTER REQUESTING REVIEW OF OUR SETTLEMENT DATED JUNE 7, 1957, WHICH DISALLOWED YOUR CLAIM, PER SUPPLEMENTAL BILL NO. 9191, FOR $34.65 ADDITIONAL FREIGHT CHARGES ALLEGED TO BE DUE FOR THE TRANSPORTATION OF 136 PIECES OF MISCELLANEOUS FREIGHT AGGREGATING 35,664 POUNDS, LOADED IN THREE TRAILERS, UNDER GOVERNMENT BILL OF LADING NO. WY- 2389748, DATED JANUARY 8, 1954, FROM FORT SILL, OKLAHOMA, TO KELLY AIR FORCE BASE, SAN ANTONIO, TEXAS.

FOR THIS SERVICE YOU CLAIMED AND WERE PAID CHARGES AGGREGATING $637.86, COMPUTED ON THE BASIS OF A COMBINATION OF VOLUME AND LESS THAN-TRUCKLOAD RATES. IN THE AUDIT OF THIS PAYMENT IT WAS DETERMINED THAT THE PROPER CHARGES ON THIS SHIPMENT SHOULD BE COMPUTED ON THE BASIS AUTHORIZED IN ITEMS NOS. 1070-B AND 2130-B OF SUPPLEMENT NO. 20 TO SOUTHWESTERN MOTOR FREIGHT BUREAU TARIFF NO. 301, MF-I.C.C. NO. 185. WE ACCORDINGLY APPLIED VOLUME RATES AND VOLUME MINIMUM WEIGHT OF 23,000 POUNDS ON THE MISCELLANEOUS FREIGHT SHIPPED IN TRAILER YI-1512; VOLUME RATES AT THE ACTUAL WEIGHT OF 12,405 POUNDS ON THE MISCELLANEOUS FREIGHT SHIPPED IN THE TRAILER ET-1760; AND A LESS-THAN TRUCKLOAD RATE AT THE ACTUAL WEIGHT OF 6,320 POUNDS OF ENGINES, INTERNAL COMBUSTION, SHIPPED IN TRAILER YT-1496. THIS BASIS PRODUCED CHARGES OF $585.99 FOR THE SHIPMENT, WHICH RESULTED IN AN OVERPAYMENT OF $51.87. UPON YOUR FAILURE TO REFUND THE OVERPAYMENT A DEDUCTION OF $51.87 WAS MADE FROM AMOUNTS OTHERWISE DUE YOU.

IN REQUESTING REVIEW OF THE MATTER YOU TAKE THE POSITION THAT WE HAVE NOT PROPERLY APPLIED THE CITED ITEM NO. 2130-B, AND YOU URGE THAT SINCE TRAILER NO. ET-1760 WAS LOADED TO CAPACITY, THE VOLUME MINIMUM WEIGHT AUTHORIZED BY THE TARIFF, BEING GREATER THAN THE ACTUAL WEIGHT OF THE ARTICLES, SHOULD HAVE BEEN APPLIED. YOU STATE, ALSO, THAT A VOLUME RATE AT ACTUAL WEIGHT SHOULD HAVE BEEN USED IN COMPUTING THE CHARGES ON TRAILER NO. YT-1496.

ITEM NO. 1070-B OF TARIFF NO. 301 PROVIDES RULES FOR COMPUTING THE CHARGES ON MIXED VOLUME BY TRUCKLOAD SHIPMENTS, AND SECTION 3 OF THE ITEM PROVIDES THAT WHEN THE AGGREGATE CHARGE IS LESS BY USING VOLUME RATES AND VOLUME MINIMUM WEIGHTS UPON ONE OR MORE OF THE ARTICLES AND LESS-THAN- TRUCKLOAD RATES ON THE BALANCE, SUCH LOWER CHARGE IS APPLICABLE. ITEM NO. 2130-B OF SUPPLEMENT NO. 20 TO TARIFF NO. 301 SETS FORTH THE OVERFLOW AND MINIMUM CHARGE RULES ON VOLUME OR TRUCKLOAD SHIPMENTS OF FREIGHT SUBJECT TO A STATED MINIMUM WEIGHT OF 23,000 POUNDS, OR LESS. PARAGRAPH (B) OF THE ITEM PROVIDES THAT WHEN A SHIPMENT OF FREIGHT IS RECEIVED IN EXCESS OF A CAPACITY LOAD, EACH TRUCK BEARING A CAPACITY LOAD SHALL BE SUBJECT TO THE MINIMUM CHARGE PROVIDED IN PARAGRAPH (A), AND THAT ONE TRUCK CONTAINING THE OVERFLOW SHALL BE CHARGED FOR AT ACTUAL WEIGHT AND VOLUME OR TRUCKLOAD RATE OR RATING APPLICABLE TO THE ENTIRE SHIPMENT. EXCEPTION OR RESTRICTION IS FOUND PRECLUDING THE APPLICATION OF SECTION 3 OF ITEM NO. 1070-B WHEN THE OVERFLOW RULE OF ITEM NO. 2130-B IS APPLIED TO PART OF A SHIPMENT.

THUS, UNDER THE TARIFF ITEMS MENTIONED ABOVE IT IS PERMISSIBLE TO APPLY THE VOLUME RATES AND THE OVERFLOW RULE IN PARAGRAPH (B) OF ITEM NO. 2130-B TRAILERS NOS. YT-1512 AND 1760, USING VOLUME RATES AND A VOLUME MINIMUM WEIGHT OF 23,000 POUNDS ON THE ARTICLES IN TRAILER NO. YT-1512; VOLUME RATES AT THE ACTUAL WEIGHT OF EACH OF THE ARTICLES LOADED IN TRAILER NO. ET-1760; AND LESS-THAN-TRUCKLOAD RATE ON THE ACTUAL WEIGHT OF THE ENGINES IN TRAILER NO. YT-1496, UNDER THE AUTHORITY OF SECTION 3 OF ITEM NO. 1070- S.

ACCORDINGLY, AS OUR SETTLEMENT OF JUNE 7, 1957, WAS CONSISTENT WITH THE FOREGOING, IT IS SUSTAINED.