B-144888, SEP. 26, 1961

B-144888, SEP. 26, 1961

TO THE UNION PACIFIC RAILROAD COMPANY:

YOUR LETTER OF JANUARY 19, 1961, FILE GW-169915, REQUESTED US TO REVIEW THE ACTION TAKEN IN DENYING YOUR CLAIM (OUR FILE TK-698896, DATED SEPTEMBER 29, 1960) PER SUPPLEMENTAL BILL NO. TW-169915-A, FOR $617.13, FOR THE REASON THAT THE SHIPMENT INVOLVED AN INBOUND TRANSIT MOVEMENT, AND THAT ADJUSTMENT SHOULD BE MADE WITH THE DESTINATION CARRIER. WE HAVE SECURED AND CONSIDERED THE RELEVANT PAYMENT RECORDS AND WE FIND THAT YOU ARE DUE THE SUM OF $243.23.

BILL OF LADING WW-311498, DATED JULY 3, 1945, WAS ISSUED FOR THE TRANSPORTATION OF 9 CARLOADS OF "FREIGHT AUTOMOBILES (TRUCK, HEAVY WRECKER 10 TON 6 BY 6)," WEIGHING 30,500 POUNDS, FROM CAMP SWIFT, TEXAS, TO THE UTAH ARMY SERVICES DEPOT, OGDEN, UTAH, FOR STORAGE IN TRANSIT. THE TRANSPORTATION OFFICER AT ORIGIN ORDERED 40-FOOT CARS TO TRANSPORT THESE VEHICLES BUT THE INITIAL CARRIER FURNISHED FLAT CARS RANGING IN LENGTH FROM 40-FEET 2-INCHES TO 53-FEET 6-INCHES. FOR THE SERVICES FURNISHED, YOU CLAIMED AND WERE PAID $7,272.88, BASED UPON CARLOAD MINIMUM WEIGHTS APPLICABLE TO CARS OF THE SIZES FURNISHED AT A SECOND CLASS RATE OF $2.95 PER 100 POUNDS, REDUCED BY DEDUCTIONS FOR LAND GRANT TO $2.6495. IN THE POSTPAYMENT AUDIT HERE, THE PROPER CHARGES WERE DETERMINED TO BE $4,724.24, BASED UPON THE CLASS A RATING PROVIDED IN ITEM NO. 28380, CONSOLIDATED FREIGHT CLASSIFICATION NO. 16, FOR "CRANES, DERRICKS OR POWER SHOVELS, REVOLVING OR MILITARY BRIDGE ERECTING, MOUNTED ON AUTOMOBILE OR TRAILER TRUCK," AND A CLASS A RATE OF $1.78 PER 100 POUNDS PUBLISHED IN SOUTHWESTERN LINES TARIFF NO. 17-H, J. R. PEEL'S I.C.C. NO. 3083, REDUCED BY DEDUCTION FOR LAND GRANT TO A NET RATE OF $1.60499. THE NET RATE WAS APPLIED TO THE ACTUAL WEIGHT OF EACH CARLOAD, SINCE THE SHIPPER HAD ORDERED 40-FOOT CARS. THE INDICATED OVERCHARGE OF $2,548.64 WAS COLLECTED BY DEDUCTION IN 1959.

THE RECORD SHOWS THAT ONLY 1 CARLOAD, THAT CONTAINED IN CAR GN 67088, WAS RESHIPPED FROM THE TRANSIT POINT. YOUR CLAIM IN SUPPLEMENTAL BILL NO. TW- 169915-A FOR $617.13, REPRESENTS 50 PERCENT OF THE DIFFERENCE BETWEEN THE NET AMOUNT PAID ON 7 OF THE CARS (YOU CLAIM NOTHING FOR THE CARLOAD REBILLED OUTBOUND AND NOTHING ON THE SHIPMENT IN CAR B AND O 106053, WHICH WAS A 40-FOOT 2-INCH FLAT CAR) AND CHARGES COMPUTED AT THE NET CLASS A RATE OF $1.60499 APPLIED TO THE CARLOAD MINIMUM WEIGHTS APPLICABLE TO CARS OF THE SIZES FURNISHED PURSUANT TO SERVICE ORDER 68.

ITEM 265 OF SOUTHWESTERN LINES TARIFF NO. 17-A, AS AMENDED IN SUPPLEMENT NO. 135, EFFECTIVE APRIL 20, 1945, PROVIDES THAT THE RATES AND CHARGES PUBLISHED, AMONG OTHERS, IN TRANSCONTINENTAL WEST-BOUND TARIFF NO. 1-Y, L. E. KIPP'S I.C.C. 1507, TO ELLERBACK, UTAH, ARE THE MAXIMUM RATES AND CHARGES TO DESTINATIONS NAMED IN TARIFF NO. 17-H (INCLUDING OGDEN, UTAH). ITEM NO. 4225 OF TARIFF NO. 1-Y PROVIDES A COMMODITY RATE OF $1.91 PER 100 POUNDS AND A CARLOAD MINIMUM WEIGHT OF 30,000 POUNDS, NOT SUBJECT TO RULE 34, APPLICABLE TO "CRANS, N.O.S., OR PARTS THEREOF.' THE COMMODITY RATE OF $1.91 IS REDUCED BY APPROPRIATE LAND GRANT DEDUCTIONS TO A NET RATE OF $1.72221. THE INTERSTATE COMMERCE COMMISSION, IN OAKLAND TRUCK SALES CO. V. BALTIMORE AND OHIO RAILROAD COMPANY, 270 I.C.C. 548 (1948), HELD THAT WRECKER TRUCKS SUCH AS THESE, WHICH WERE COMPLETE UNITS, ARE PROPERLY RATABLE AS SELF-PROPELLED CRANES. THE NET RATE OF $1.7221 APPLIED TO THE ACTUAL WEIGHT PER CARLOAD OF 30,500 POUNDS PRODUCES LOWER CHARGES ON EACH OF THE SEVEN CARLOADS EXCEPT THAT CONTAINED IN CAR B AND O 255325. VIEW OF THE MAXIMUM CHARGE PROVISION IN ITEM 265 OF TARIFF NO. 17-H, THE APPLICABLE CHARGE FOR EACH OF THE 6 CARLOADS IS $525.27 COMPUTED AT THE NET RATE OF $1.72221 AND ACTUAL WEIGHT, AND THERE IS DUE YOUR COMPANY $35.75 PER CAR. CHARGES FOR THE SHIPMENT IN CAR B AND O 255325, BASED UPON THE CARLOAD MINIMUM WEIGHT AT THE CLASS A NET RATE OF $1.60499 ARE $546.98, AND IN ACCORDANCE WITH THE SERVICE ORDER 68 COMPROMISE AGREEMENT, ONE-HALF OF THE DIFFERENCE BETWEEN THAT AMOUNT AND $489.52 (THE NET AMOUNT PAID), OR $28.73, IS DUE ON THIS CARLOAD.

ACCORDINGLY, THERE IS DUE YOUR COMPANY ON BILL OF LADING NO. WW 3111498 THE TOTAL AMOUNT OF $243.23 ($28.73 AS CLAIMED ON CAR B AND O 255325, PLUS $35.75 ON EACH OF 6 CARS OR $214.50). NOTICE OF THE SETTLEMENT IN THAT AMOUNT SHOULD REACH YOU IN DUE COURSE.