B-122416, FEB. 28, 1957

B-122416, FEB. 28, 1957

TO CENTRAL OF GEORGIA RAILWAY COMPANY:

CONSIDERATION HAS BEEN GIVEN YOUR REQUEST FOR REVIEW OF THE SETTLEMENT WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL CHARGES OF $495.30 FOR TRANSPORTING 800 BAGS OF DRIED EDIBLE PEAS ON GOVERNMENT BILL OF LADING NO. A-465649, DATED MAY 12, 1945, FROM DES MOINES, IOWA, TO SAVANNAH, GEORGIA.

YOU CLAIMED ORIGINALLY AND WERE PAID CHARGES IN THE AMOUNT OF $1,117.56. HOWEVER, EXAMINATION OF LEND-LEASE REQUISITION NO. BSC 23956 SHOWED THAT THE SHIPMENT WAS 100 PERCENT FOR MILITARY USE AND SUBJECT TO LAND-GRANT DEDUCTIONS OF $605.14, AND THIS AMOUNT WAS DEDUCTED FROM A SUBSEQUENT BILL BY THE DEPARTMENT OF AGRICULTURE. THEREAFTER, YOU CLAIMED $495.30 ADDITIONAL CHARGES AND YOUR CLAIM WAS DISALLOWED BY CERTIFICATE OF SETTLEMENT DATED APRIL 9, 1954, AND AT THE SAME TIME FORM 1003 WAS ISSUED REQUESTING REFUND OF AN ADDITIONAL OVERPAYMENT OF $18.77.

IN OUR AUDIT OF YOUR BILL THERE WAS APPLIED A JOINT THROUGH RATE, LESS LANDGRANT, PLUS A TRANSIT CHARGE, CITING ITEMS NO. 4740 AND 4780 OF CHICAGO, ROCK ISLAND AND PACIFIC RAILWAY COMPANY TARIFF NO. 21500-D, I.C.C. NO. C-13082, AS AUTHORITY FOR THE TRANSIT PRIVILEGE. ITEM NO. 4740, WHICH NAMES DES MOINES, IOWA, AS A TRANSIT POINT, PROVIDES THAT THE TRANSIT PRIVILEGE IS SUBJECT TO THE RATES, RULES AND REGULATIONS PROVIDED IN WESTERN TRUNK LINES TARIFF NO. 216-C, I.C.C. NO. A-3481. IN YOUR LETTER OF JUNE 28, 1955, YOU CONTEND THAT ITEM 40 OF "WTL" TARIFF NO. 216- C PROVIDES A TIME LIMIT OF ONE YEAR FOR STORAGE IN TRANSIT, AND THAT THE BASIS EMPLOYED IN OUR AUDIT IS NOT APPLICABLE BECAUSE THE SHIPMENT WAS STORED FOR MORE THAN ONE YEAR AT DES MOINES. YOU APPARENTLY AGREE WITH THIS OFFICE, HOWEVER, THAT LAND-GRANT DEDUCTIONS PROPERLY MAY BE APPLIED IN COMPUTING THE CHARGES IN THIS CASE.

THE SUBJECT SHIPMENT ORIGINATED AT LEWISTON, IDAHO, ON NOVEMBER 24, 1943, AND WAS TRANSPORTED TO DES MOINES, IOWA, UNDER BILL OF LADING NO. A- 3318008, THENCE TO SAVANNAH, GEORGIA, UNDER BILL OF LADING NO. A 465649, DATED MAY 12, 1945, MARKED FOR EXPORT. THIS OFFICE DOES NOT NOW RELY ON THE CITED TARIFF TO OBTAIN A STORAGE IN TRANSIT PRIVILEGE FOR THE SUBJECT SHIPMENT, BUT HAS COMPUTED THE CHARGES ON THE BASIS OF A COMBINATION OF RATES APPLYING TO AND BEYOND THE TRANSIT POINT.

OUR TRANSPORTATION DIVISION NOW REPORTS THAT THE CHARGES FROM LEWISTON TO SAVANNAH, COMPUTED ON THE BASIS OF LOCAL RATES TO AND BEYOND DES MOINES, LESS LANDGRANT FROM EACH FACTOR, ARE AS OLLOWS:

LEWISTON TO DES MOINES: 82 CENTS PER 100 POUNDS, MINIMUM WEIGHT 70,000 POUNDS. ITEM 4270, SUPPLEMENT 7, TRANS-CONTINENTAL FREIGHT BUREAU TARIFF NO. 2-M, I.C.C. NO. 1494. THE 82-CENT RATE DIVIDES:

TABLE SUPERIOR, WISCONSIN 83 1/2 PERCENT LESS 45.588 PERCENT

LAND-GRANT DEDUCTION COUNCIL BLUFFS, IOWA (65 PERCENT LESS 41.824 PERCENT

LAND-GRANT DEDUCTION DES MOINES, IOWA 16 1/2 PERCENT/35 PERCENT LESS 50.000 PERCENT

LAND-GRANT DEDUCTION

DIVISION SHEET AUTHORITY: T.C.F.B. NO. 65-B; INTERIM DIVISION BASIS NO. 4. PAY 54.561 PERCENT OF 82 CENTS OR 44.740 CENTS PER 100 POUNDS.

DES MOINES TO SAVANNAH: CLASS 27 1/2K, MINIMUM WEIGHT 50,000 POUNDS, PER SOUTHERN PORTS FOREIGN FREIGHT COMMITTEE TARIFF NO. 1030 C, I.C.C. NO. 61, ITEM 7500. RATE 57 CENTS PER 100 POUNDS PER SECTION 1 OF SOUTHERN PORTS FOREIGN FREIGHT COMMITTEE TARIFF NO. 1016-I, I.C.C. NO. 52. THE 57-CENT RATE DIVIDES: LA SALLE, ILLINOIS (50 PERCENT PLUS 3.3 CENTS LESS

33.941 PERCENT LAND-GRANT CAIRO, ILLINOIS 42 PERCENT - 3.3 CENTS (50 PERCENT LESS

50.000 PERCENT LAND-GRANT MONTGOMERY, ALABAMA (59 PERCENT LESS

12.318 PERCENT LAND-GRANT SAVANNAH, GEORGIA 58 PERCENT (41 PERCENT LESS

06.977 PERCENT LAND-GRANT

DIVISION SHEET AUTHORITY: MILEAGE PRORATE; C.R.I.P. 950; CGA 26. PAY 76.497 PERCENT OF 57 CENTS OR 43.603 CENTS PER 100 POUNDS, PLUS 00.265 CENTS, WHICH EQUALS A NET RATE OF 43.868 CENTS PER 100 POUNDS. NET THROUGH RATE FROM LEWISTON TO SAVANNAH 88.608 CENTS PER 100 POUNDS (44.740 PLUS 43.868).

THE ABOVE BASIS PRODUCES A THROUGH TRANSPORTATION CHARGE FROM LEWISTON TO SAVANNAH OF $712.41 COMPUTED--- 80,400 POUNDS AT 88.608 PER 100 POUNDS EQUALS $712.41. ACCORDINGLY, SINCE YOU WERE PAID ONLY $493.65 FOR THE SUBJECT TRANSPORTATION, AN ADDITIONAL AMOUNT OF $218.76 APPEARS TO BE