B-145411, FEB. 1, 1962

B-145411: Feb 1, 1962

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TOPEKA AND SANTA FE RAILROAD COMPANY: REFERENCE IS MADE TO YOUR REQUEST FOR REVIEW OF OUR SETTLEMENT CERTIFICATE OF FEBRUARY 6. WAS ACCORDED TRANSIT PRIVILEGES AT BROOKLEY AIR FORCE BASE. FOR THE OUTBOUND MOVEMENT YOU ORIGINALLY BILLED AND WERE PAID $908.30. IT WAS DETERMINED THAT THE ALLOWABLE CHARGES SHOULD HAVE BEEN COMPUTED ON THE BASIS OF THE THROUGH RATE FROM FALMOUTH. LESS THE CHARGES PAID INTO THE TRANSIT POINT AND THAT YOU WERE OVERPAID IN THE AMOUNT OF $233.90. WHICH WAS SUBSEQUENTLY DEDUCTED FROM AMOUNTS OTHERWISE DUE ON YOUR BILL NO. 650509. IN YOUR REQUEST FOR REVIEW OF THE SETTLEMENT DISALLOWING YOUR SUPPLEMENTAL BILL YOU ALLEGE THAT THE TRANSIT PRIVILEGE IS NOT APPLICABLE IN THE INSTANT CASE BECAUSE THE INBOUND SHIPMENT CONSISTED OF RECIPROCATING TYPE INTERNAL COMBUSTION ENGINES WHILE THE OUTBOUND SHIPMENT CONSISTED OF RADIAL CYLINDER TYPE INTERNAL COMBUSTION ENGINES.

B-145411, FEB. 1, 1962

TO THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY:

REFERENCE IS MADE TO YOUR REQUEST FOR REVIEW OF OUR SETTLEMENT CERTIFICATE OF FEBRUARY 6, 1961, WHICH DISALLOWED YOUR SUPPLEMENTAL BILL SUPP. 645084-A (OUR CLAIM FILE TK-705079) FOR ADDITIONAL FREIGHT CHARGES ON A SHIPMENT OF INTERNAL COMBUSTION ENGINES WHICH MOVED FROM BROOKLEY AIR FORCE BASE, BROOKLEY, ALABAMA, TO VICTORVILLE, CALIFORNIA, UNDER GOVERNMENT BILL OF LADING NO. AF-T-90912. THE SHIPMENT CONSTITUTED THE OUTBOUND APPLICATION FROM THE TRANSIT POINT OF A SHIPMENT WHICH ORIGINATED AT FALMOUTH, MASSACHUSETTS, AND WAS ACCORDED TRANSIT PRIVILEGES AT BROOKLEY AIR FORCE BASE, AS AUTHORIZED BY SECTION 22 QUOTATION EXECUTIVE COMMITTEE-WESTERN TRAFFIC ASSOCIATION NO. 60. THE INBOUND SHIPMENT FROM FALMOUTH, MASSACHUSETTS, TO BROOKLEY, ALABAMA, MOVED UNDER GOVERNMENT BILL OF LADING NO. AF 5046271, DATED JANUARY 25, 1957. FOR THE OUTBOUND MOVEMENT YOU ORIGINALLY BILLED AND WERE PAID $908.30. UPON AUDIT OF THE PAYMENT VOUCHER, IT WAS DETERMINED THAT THE ALLOWABLE CHARGES SHOULD HAVE BEEN COMPUTED ON THE BASIS OF THE THROUGH RATE FROM FALMOUTH, MASSACHUSETTS, TO VICTORVILLE, CALIFORNIA, LESS THE CHARGES PAID INTO THE TRANSIT POINT AND THAT YOU WERE OVERPAID IN THE AMOUNT OF $233.90, WHICH WAS SUBSEQUENTLY DEDUCTED FROM AMOUNTS OTHERWISE DUE ON YOUR BILL NO. 650509.

IN YOUR REQUEST FOR REVIEW OF THE SETTLEMENT DISALLOWING YOUR SUPPLEMENTAL BILL YOU ALLEGE THAT THE TRANSIT PRIVILEGE IS NOT APPLICABLE IN THE INSTANT CASE BECAUSE THE INBOUND SHIPMENT CONSISTED OF RECIPROCATING TYPE INTERNAL COMBUSTION ENGINES WHILE THE OUTBOUND SHIPMENT CONSISTED OF RADIAL CYLINDER TYPE INTERNAL COMBUSTION ENGINES, AND THAT WHILE THE GOVERNING QUOTATION AUTHORIZES TRANSIT ON BOTH TYPES OF ENGINES, ITEM 14 (A) THEREOF SPECIFICALLY PROVIDES THAT OUTBOUND SHIPMENTS MUST CONSIST OF THE SAME TYPE ENGINES AS THE INBOUND SHIPMENTS.

THE COMMODITY INVOLVED IN THE OUTBOUND MOVEMENT WAS DESCRIBED ON THE BILL OF LADING AS ,ENGINES, INTERNAL COMBUSTION, AIRCRAFT, NOI (RADIAL CYLINDER TYPE) TYPE R 3350-89A.' SO FAR AS IS PERTINENT HERE, THE COMMODITY INVOLVED IN THE INBOUND MOVEMENT WAS DESCRIBED AS "ENGINE, INTERNAL COMBUSTION, NOIBN, (ENGINE ASSY--- A/C RECIPROCATING * * *.) (2 WRL R- 3350-91).' YOUR ATTENTION IS INVITED TO THE FACT THAT THE STOCK NUMBERS INCLUDED IN BOTH DESCRIPTIONS ARE PRECEDED BY THE LETTER "R.' WE HAVE BEEN ADVISED BY THE ADMINISTRATIVE OFFICE THAT THE LETTER "R" IS USED AS A PREFIX TO DENOTE RADIAL CYLINDER TYPE ENGINES, AND THAT ALL ENGINES HAVING A STOCK NUMBER INCLUDING SUCH A PREFIX ARE IN FACT RADIAL CYLINDER TYPE ENGINES. THE TERM ECIPROCATING," AS USED ON THE INBOUND BILLING IS MERELY A MORE TECHNICAL DESCRIPTION OF A RADIAL TYPE INTERNAL COMBUSTION ENGINE, HAVING REFERENCE TO ITS PISTON ACTION. IT IS NOTED ALSO THAT BILL OF LADING NO. AF-T-90912 SHOWS ON THE INBOUND BILLING REFERENCE THAT THE COMMODITY SHIPPED INTO THE TRANSIT POINT WAS: "ENGINES I.C. RAD. CYL (REP).' IT IS CLEAR, THEREFORE, THAT BOTH THE INBOUND AND OUTBOUND SHIPMENTS HERE INVOLVED CONSISTED OF RADIAL TYPE ENGINES AND THAT APPLICATION OF THE TRANSIT PRIVILEGE WAS AUTHORIZED UNDER THE TERMS OF QUOTATION NO. 60.

THE SETTLEMENT CERTIFICATE OF FEBRUARY 6, 1961, WHICH DISALLOWED YOUR SUPPLEMENTAL BILL NO. SUPP. 645084-A WAS CORRECT, AND IS HEREBY SUSTAINED.

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