B-145348, JUN. 26, 1961

B-145348, JUN. 26, 1961

TO NAVAJO FREIGHT LINES, INC.:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 13, 1961, FILE NAVAJO CLAIM GO 499, REQUESTING REVIEW OF SETTLEMENT CERTIFICATE OF FEBRUARY 28, 1961, WHICH DISALLOWED YOUR CLAIM FOR $390.04 ADDITIONAL FREIGHT CHARGES ON A SHIPMENT OF INTERNATIONAL COMBUSTION ENGINES TRANSPORTED UNDER GOVERNMENT BILL OF LADING N-31527533, DATED DECEMBER 7, 1956, FROM NAVAL AIR STATION, OLATHE, KANSAS, TO ALAMEDA, CALIFORNIA.

FOR THIS SERVICE YOU ORIGINALLY CLAIMED AND WERE PAID $885.92, COMPUTED ON THE BASIS OF A JOINT THROUGH FIRST-CLASS LESS-THAN TRUCKLOAD EXCEPTION RATE PUBLISHED IN ROCKY MOUNTAIN MOTOR TARIFF BUREAU, INC., TRANSCONTINENTAL CLASS TARIFF NO. 21, MF-I.C.C.NO. 86. IN OUR AUDIT OF THE PAYMENT VOUCHER WE DETERMINED THAT A COMBINATION RATE CONSTRUCTED OVER THE ROUTE OF MOVEMENT WAS APPLICABLE AND WOULD RESULT IN LOWER CHARGES. THE COMBINATION WAS CONSTRUCTED BY USING THE SECOND-CLASS LESS-THAN- TRUCKLOAD RATING TO KANSAS CITY, MISSOURI, PUBLISHED IN MIDDLEWEST MOTOR FREIGHT TARIFF NO. 5, MF-I.C.C.NO. 277, AND A COMMODITY RATE FROM KANSAS CITY TO DESTINATION PUBLISHED IN ROCKY MOUNTAIN MOTOR TARIFF NO. 25, MF- I.C.C.NO. 65. THE APPLICATION OF THIS COMBINATION OF RATES RESULTED IN AN OVERPAYMENT OF $390.04, WHICH AMOUNT WAS COLLECTED BY DEDUCTION FROM AN AMOUNT OTHERWISE DUE YOU. YOU THEN FILED YOUR SUPPLEMENTAL BILL NO. 2636- 12266-A, RECLAIMING THE AMOUNT OF THE OVERPAYMENT AND OUR OFFICE DISALLOWED YOUR BILL IN OUR SETTLEMENT CERTIFICATE OF FEBRUARY 28, 1961, BECAUSE RMMTB TARIFF NO. 20-A--- REFERRED TO BY TARIFF NO. 21, IN WHICH THE THROUGH RATE IS PUBLISHED--- DOES NOT LIST THE ORIGIN CARRIER, HALL TRUCK LINES, AS PARTICIPATING IN THE RATES FROM AND TO THE U.S. NAVAL AIR STATION (GARDNER), KANSAS.

IN YOUR LETTER OF MARCH 13, 1961, YOU AGREE THAT THE THROUGH RATE ORIGINALLY ASSESSED IS NOT APPLICABLE; HOWEVER, YOU NOW OBJECT TO THE FIRST FACTOR OF THE COMBINATION RATE USED IN THE SETTLEMENT--- THE ORIGIN TO KANSAS CITY RATE--- WHICH IS PUBLISHED IN MWMF TARIFF NO. 5, MF- I.C.C.NO. 277. YOU CONTEND THAT THE RATE PUBLISHED IN MWMF TARIFF NO. 5 APPLIES ONLY TO THE EXTENT INDICATED IN THE GOVERNING TERRITORIAL DIRECTORY, MIDDLEWEST MOTOR FREIGHT TARIFF NO. 201, MF I.C.C.NO. 209, AND THAT TARIFF NO. 201 DOES NOT SHOW HALL TRUCK LINES AS PARTICIPATING IN THE RATES TO OR FROM THE U.S. NAVAL AIR BASE, OLATHE, KANSAS.

WE AGREE WITH YOUR CONTENTION THAT THE RATE IN MWMF TARIFF NO. 5, MF- I.C.C.NO. 277 IS NOT APPLICABLE; HOWEVER, UPON FURTHER EXAMINATION IT APPEARS THAT A LOWER COMBINATION OF RATES MADE OVER KANSAS CITY, USING FOR THE FIRST FACTOR THE RATE PUBLISHED IN HALL TRUCK LINES MOTOR FREIGHT TARIFF NO. 100-C, MF-I.C.C.NO. 2, IS FOR APPLICATION. TARIFF NO. 100-C, MF-I.C.C.NO. 2, IS GOVERNED BY WESTERN TARIFF SERVICE MOTOR FREIGHT TARIFF NO. 200-A, MF-I.C.C.NO. 4, WHICH PROVIDES, IN ITEM 7240, A THIRD-CLASS LESS-THAN-TRUCKLOAD EXCEPTION RATING. THE ORIGIN STATION, U.S. NAVAL AIR BASE (NEAR GARDNER) KANSAS, IS SHOWN IN TARIFF NO. 100-C AS INDEX NO. 35 AND KANSAS CITY, MISSOURI, AS INDEX NO. 5, AND TARIFF NO. 100-C SPECIFICALLY AUTHORIZES SERVICE ON GENERAL COMMODITIES TO AND FROM THE U.S. NAVAL AIR BASE NEAR GARDNER, KANSAS, AS AN OFF-ROUTE POINT IN CONNECTION WITH HALL TRUCK LINES' OTHERWISE AUTHORIZED REGULAR ROUTE OPERATIONS. SEE INTERSTATE COMMERCE COMMISSION DOCKET MC-105367 SUB 2 (46 M.C.C. 1113).

ACCORDINGLY, AN AMENDED FORM 1003, SHOWING AN ADDITIONAL OVERCHARGE AND REQUESTING AN ADDITIONAL REFUND, IS BEING ISSUED.