B-146209, JUN. 27, 1962

B-146209: Jun 27, 1962

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LTD.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 19. THE BILL OF LADING SHOWS THAT THE TRUCK WAS TO BE STOPPED AT MATHER AIR FORCE BASE FOR DELIVERY OF THAT PART OF THE SHIPMENT DESTINED THERE. FOR THIS TRANSPORTATION YOU CLAIMED ORIGINALLY AND WERE PAID $1. IN THE AUDIT OF THIS PAYMENT THE CHARGE FOR THE TRANSPORTATION WAS COMPUTED ON THE ENTIRE WEIGHT AT THE LESS-THAN-TRUCKLOAD RATES FROM WARNER ROBINS. ON THE BASIS OF THE CHARGES SO COMPUTED YOU WERE REQUESTED TO REFUND $919.32. UPON YOUR FAILURE TO MAKE REFUND THAT AMOUNT WAS DEDUCTED IN MAKING PAYMENT OF AMOUNTS OTHERWISE DUE YOU. URGING THAT THE THROUGH ONE-FACTOR RATES WERE THE ONLY RATES LAWFULLY APPLICABLE. THIS CLAIM WAS DISALLOWED FOR THE REASON THAT THE PROVISIONS OF ITEM NO. 870.

B-146209, JUN. 27, 1962

TO WESTERN TRUCK LINES, LTD.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 19, 1961, FILE 02310, REQUESTING REVIEW OF OUR SETTLEMENT, TK-695206, DISALLOWING YOUR CLAIM FOR $919.32 IN ADDITION TO $855.41 PREVIOUSLY ALLOWED FOR THE TRANSPORTATION OF MISCELLANEOUS MATERIAL FROM WARNER ROBINS, GEORGIA, TO MATHER AIR FORCE BASE, CALIFORNIA, AND TO MCCLELLAN AIR FORCE BASE, CALIFORNIA, UNDER BILL OF LADING NO. AF 8222258 IN NOVEMBER 1958. THE BILL OF LADING SHOWS THAT THE TRUCK WAS TO BE STOPPED AT MATHER AIR FORCE BASE FOR DELIVERY OF THAT PART OF THE SHIPMENT DESTINED THERE, AND CONTINUE ON TO MCCLELLAN AIR FORCE BASE FOR UNLOADING THE REMAINDER.

FOR THIS TRANSPORTATION YOU CLAIMED ORIGINALLY AND WERE PAID $1,774.73 COMPUTED AS FOR A TRUCKLOAD SHIPMENT, PLUS A STOPOFF CHARGE. IN THE AUDIT OF THIS PAYMENT THE CHARGE FOR THE TRANSPORTATION WAS COMPUTED ON THE ENTIRE WEIGHT AT THE LESS-THAN-TRUCKLOAD RATES FROM WARNER ROBINS, GEORGIA, TO MATHER AIR FORCE BASE, CALIFORNIA, PLUS THE LESS-THAN- TRUCKLOAD RATES FROM MATHER AIR FORCE BASE TO MCCLELLAN AIR FORCE BASE, CALIFORNIA, ON THE WEIGHT TRANSPORTED TO THE LATTER POINT. ON THE BASIS OF THE CHARGES SO COMPUTED YOU WERE REQUESTED TO REFUND $919.32. UPON YOUR FAILURE TO MAKE REFUND THAT AMOUNT WAS DEDUCTED IN MAKING PAYMENT OF AMOUNTS OTHERWISE DUE YOU. YOU RECLAIMED THE AMOUNT DEDUCTED, URGING THAT THE THROUGH ONE-FACTOR RATES WERE THE ONLY RATES LAWFULLY APPLICABLE. THIS CLAIM WAS DISALLOWED FOR THE REASON THAT THE PROVISIONS OF ITEM NO. 870--- STOPPING IN TRANSIT FOR PARTIAL LOADING OR PARTIAL UNLOADING--- OF ROCKY MOUNTAIN MOTOR TARIFF BUREAU, INC., AGENT, TRANSCONTINENTAL TERRITORIAL DIRECTORY NO. 20-B, MF-I.C.C. NO. 101, WERE NOT APPLICABLE ON THIS SHIPMENT SINCE, ACCORDING TO YOUR SCOPE OF OPERATIONS SHOWN IN ITEM 3080 OF ROCKY MOUNTAIN MOTOR TARIFF BUREAU, INC., AGENT, SCOPE OF OPERATIONS TARIFF NO. 15-A, MF-I.C.C. NO. 85, THE STOP-OFF POINT--- MATHER AIR FORCE BASE -- WAS NOT DIRECTLY INTERMEDIATE TO PLANEHAVEN (MCCLELLAN AIR FORCE BASE, FROM THE POINT OF ORIGIN.

IN YOUR REQUEST FOR REVIEW OF THE DISALLOWANCE OF YOUR CLAIM YOU DO NOT DENY THAT MATHER AIR FORCE BASE IS NOT DIRECTLY INTERMEDIATE TO PLANEHAVEN (MCCLELLAN AIR FORCE BASE). HOWEVER, YOU STATE THAT IF MATHER AIR FORCE BASE IS NOT INTERMEDIATE TO PLANEHAVEN, THEN RIVERSIDE, CALIFORNIA, IS NOT INTERMEDIATE TO CAMP PENDLETON, CALIFORNIA, ON SHIPMENTS TRANSPORTED FROM DOYLINE, LOUISIANA, ON BILLS OF LADING WY-6206909 AND WY-6206910 IN APRIL 1959. YOU REQUEST THAT EITHER THE AMOUNT OF $1,417.77 FOUND TO HAVE BEEN OVERPAID ON THE SHIPMENT FROM DOYLINE, LOUISIANA, OR THE $919.32 FOUND TO HAVE BEEN OVERPAID ON THE SHIPMENT FROM WARNER ROBINS, GEORGIA, BE REFUNDED TO YOU.

WE SEE NOTHING IN COMMON BETWEEN THESE TWO SHIPMENTS. THEREFORE, WE WILL TREAT EACH SEPARATELY. THE SHIPMENT FROM WARNER ROBINS, GEORGIA, ON BILL OF LADING AF 8222258, IN NOVEMBER 1958, CONSISTED OF 3,674 POUNDS OF FREIGHT TO MATHER AIR FORCE BASE, CALIFORNIA, AND 5,016 POUNDS OF FREIGHT TO MCCLELLAN AIR FORCE BASE, CALIFORNIA. THE ROCKY MOUNTAIN MOTOR TARIFF BUREAU ROUTING GUIDE SHOWS THAT ON SHIPMENTS FROM WARNER ROBINS, GEORGIA, TO MATHER AIR FORCE BASE, SACRAMENTO, AND PLANEHAVEN (MCCLELLAN AIR FORCE BASE, CALIFORNIA), ROUTED VIA HERRIN MOTOR TRANSPORT AND WESTERN TRUCK LINES LTD., THE ROUTE IS VIA EL PASO, TEXAS, THENCE VIA LOS ANGELES OVER U.S. HIGHWAY 99 TO SACRAMENTO, THENCE TO MATHER AIR FORCE BASE, OR TO PLANEHAVEN (MCCLELLAN AIR FORCE BASE), CALIFORNIA. MATHER AIR FORCE BASE IS LOCATED 13 MILES EAST OF SACRAMENTO ON U.S. HIGHWAY NO. 50. PLANEHAVEN (MCCLELLAN AIR FORCE BASE) IS LOCATED 9 MILES NORTHEAST OF SACRAMENTO ON U.S. HIGHWAY NO. 40. WE FIND NO OPERATING AUTHORITY WHICH WOULD PERMIT YOU TO TRANSPORT THE SHIPMENT TO PLANEHAVEN (MCCLELLAN AIR FORCE BASE) THROUGH MATHER AIR FORCE BASE.

WE REQUESTED THE DEFENSE TRAFFIC MANAGEMENT AGENCY, OAKLAND, CALIFORNIA, TO MAKE A REPORT ON THESE SHIPMENTS AND IN REPLY THERETO, DATED APRIL 18, 1962, FILE DTMWE-T (FA) (WESTERN TRUCK LINES), IT IS STATED:

"THE CARRIER HAS INFORMED US THAT THIS SHIPMENT BROKE BULK AT THEIR SACRAMENTO TERMINAL BECAUSE MATHER AND MCCLELLAN AF BASES ARE IN OPPOSITE DIRECTIONS ONE BEING OFF ROUTE 40 AND THE OTHER OFF ROUTE 50 * * * THEREFORE, THEY WERE UNABLE TO COMPLY WITH THE STOPOFF INSTRUCTIONS IN THE ORDER SHOWN ON THE BILL OF LADING * * *.' IT IS REPORTED FURTHER THAT THE SHIPMENTS ARRIVED IN SACRAMENTO ON NOVEMBER 12, 1958, AND THAT THE SHIPMENT TO MCCLELLAN AIR FORCE BASE WAS DELIVERED THAT DAY, WHILE THE SHIPMENT TO MATHER AIR FORCE BASE WAS DELIVERED IN ANOTHER TRAILER ON THE FOLLOWING DAY, NOVEMBER 13, 1958. ACCORDINGLY, IT SEEMS APPARENT THAT THE SHIPMENT FROM WARNER ROBINS, GEORGIA, MUST BE TREATED AS THOUGH IT WERE TWO THROUGH LESS-THAN TRUCKLOAD SHIPMENTS, AND THE CHARGES SO COMPUTED. ON THIS BASIS, YOU HAVE BEEN OVERPAID $35.52. AN AMENDED FORM 1003, SHOWING THE BASIS FOR THE COMPUTATION OF THE ADDITIONAL OVERPAYMENT, WILL BE FURNISHED YOU BY OUR TRANSPORTATION DIVISION. THE FURTHER OVERPAYMENT SHOULD THEN BE REFUNDED PROMPTLY, OTHERWISE THAT AMOUNT WILL BE COLLECTED BY DEDUCTION FROM OTHER AMOUNTS FOUND TO BE DUE YOU.

THE RATES ON THE SHIPMENT OF EXPLOSIVES TRANSPORTED FROM DOYLINE, LOUISIANA, TO RIVERSIDE, CALIFORNIA, ARE THOSE PUBLISHED OVER THE SAME ROUTE TO THE NEXT MORE DISTANT POINT--- CAMP PENDLETON--- TO WHICH A RATE IS NAMED THEREON IN ROCKY MOUNTAIN MOTOR TARIFF BUREAU, INC., AGENT, U.S. GOVERNMENT QUOTATION NO. 52, I.C.C. NO. 5. THE RATE TO CAMP PENDLETON, PROVIDED IN ITEM 600, REVISED PAGE 56, IS SHOWN AS $5.73 PER 100 POUNDS. THE ROUTING APPLIED IN CONNECTION WITH THIS RATE IS SHOWN IN THE QUOTATION AS ROUTE NUMBER 1542. ROUTE 1542, FROM DOYLINE, LOUISIANA, IN CONNECTION WITH YOUR LINE IN H2190 (HERRINTRANSPORTATION COMPANY) TO DALLAS, TEXAS; G950 (GILLETTE MOTOR TRANSPORT, INC.) TO EL PASO, TEXAS; W1530 (WESTERN TRANSPORT, INC.) TO LOS ANGELES, CALIFORNIA; AND C3830 (CONSTRUCTORS TRANSPORT CO.) OR S3540 (SOUTHERN CALIFORNIA FREIGHT LINES) TO CAMP PENDLETON, CALIFORNIA.

ROCKY MOUNTAIN TARIFF BUREAU, INC., SCOPE OF OPERATIONS TARIFF NO. 15-A, SHOWS IN ITEM NO. 3080, DOCKET 4948, SUB 23, THAT YOU HAVE BEEN CERTIFIED TO TRANSPORT EXPLOSIVES FROM EL PASO, TEXAS, TO LOS ANGELES, CALIFORNIA, OVER YOUR CURRENTLY AUTHORIZED REGULAR AND IRREGULAR ROUTE OPERATIONS IN THE TRANSPORTATION OF GENERAL COMMODITIES. ITEM NO. 3080, ORIGINAL PAGE 266, SHOWS OPERATING AUTHORITY FOR THE WESTERN TRUCK LINES, LTD., FROM EL PASO, TEXAS, OVER U.S. HIGHWAY 80 TO LAS CRUCES, NEW MEXICO, THENCE OVER U.S. HIGHWAY 70 TO MESA, ARIZONA; OR FROM LAS CRUCES, NEW MEXICO, OVER A COMBINATION OF U.S. HIGHWAYS 80 AND 86 AND NEW MEXICO HIGHWAY 14 TO TUCSON, ARIZONA, THENCE OVER ARIZONA HIGHWAYS 84, 187 AND 87 TO MESA, ARIZONA; THENCE OVER U.S. HIGHWAY 60, VIA INDIO AND BEAUMONT, CALIFORNIA, TO LOS ANGELES, CALIFORNIA. RIVERSIDE, CALIFORNIA, IS LOCATED ON U.S. HIGHWAY 60 DIRECTLY INTERMEDIATE BETWEEN BEAUMONT AND LOS ANGELES, CALIFORNIA. THEREFORE, AS PROVIDED IN ITEM NO. 110 OF QUOTATION NO. 52, THE RATE OF $5.73 FROM DOYLINE TO CAMP PENDLETON, WHICH APPLIES VIA DALLAS, EL PASO AND LOS ANGELES, WITH THE EL PASO TO LOS ANGELES PORTION OF THE THROUGH ROUTE PASSING DIRECTLY THROUGH RIVERSIDE, IS PROPERLY APPLICABLE TO RIVERSIDE, CALIFORNIA, A DESTINATION DIRECTLY INTERMEDIATE TO CAMP PENDLETON.

ACCORDINGLY, THE USE OF THE RATE OF $5.73 IN COMPUTING THE CHARGES ON THE SHIPMENT OF EXPLOSIVES FROM DOYLINE, LOUISIANA, TO RIVERSIDE, CALIFORNIA, IS SUSTAINED.

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