B-153677, JUN. 30, 1965

B-153677, JUN. 30, 1965

TO SOUTHERN PACIFIC COMPANY:

IN YOUR LETTER OF JANUARY 29, 1965, FILE YM 85-D-69121, YOU REQUEST RECONSIDERATION OF OUR DECISIONS OF JUNE 26, AND SEPTEMBER 3, 1964, IN WHICH WE SUSTAINED THE DISALLOWANCE OF YOUR CLAIM PER SUPPLEMENTAL BILL NO. D-69121-M FOR ADDITIONAL FREIGHT CHARGES IN THE AMOUNT OF $1,564.73 ALLEGED TO BE DUE FOR THE TRANSPORTATION OF TWO SHIPMENTS DESCRIBED AS DISTRIBUTORS WATER, TRUCK-MOUNTED, IN SINGLE CARLOAD SERVICE UNDER BILL OF LADING AF-5689598; AND IN MIXED SHIPMENT WITH OUTFITS, PUMPING, TRAILER- MOUNTED, UNDER BILL OF LADING AF-5689599, BOTH DATED SEPTEMBER 27, 1955.

YOUR PRESENT REQUEST FOR RECONSIDERATION IS BASED ON THE DECISION OF THE INTERSTATE COMMERCE COMMISSION IN DOCKET NO. 34284-1 ON REFERRAL FROM THE COURT OF CLAIMS IN ATLANTIC COAST LINE R.CO. V. UNITED STATES, CT.CL. NO. 91-62, AND SEABOARD AIR LINE R.CO. V. UNITED STATES, CT.CL. NO. 119-62. IN THE CITED DECISION IT WAS HELD THAT AS BETWEEN THE RATING ON MACHINERY OR MACHINES, NOIBN, AND THE RATING ON FREIGHT AUTOMOBILES IN THE GOVERNING CLASSIFICATION, THE RATING FOR FREIGHT AUTOMOBILES WAS APPLICABLE TO THE SHIPMENTS OF WATER DISTRIBUTORS.

ACCORDINGLY, IN VIEW OF THE DECISION IN THESE CASES, WE HAVE THIS DAY AUTHORIZED OUR TRANSPORTATION DIVISION TO ALLOW YOUR CLAIM FOR ADDITIONAL FREIGHT CHARGES ON THE WATER DISTRIBUTORS, IF OTHERWISE PROPER, AND YOU WILL RECEIVE A SUPPLEMENTAL SETTLEMENT FROM THAT DIVISION IN DUE COURSE.

HOWEVER, THE PUMPING OUTFITS, TRAILER MOUNTED, WHICH MOVED IN MIXED SHIPMENT UNDER BILL OF LADING AF-5689599 ARE, AS EXPLAINED IN OUR DECISION OF SEPTEMBER 3, 1964, B-153677, SPECIFICALLY COVERED UNDER THE COMMODITY RATING APPLICABLE TO PUMPING OUTFITS OR PUMPS, LIQUID OR GAS, PURSUANT TO ITEMS 160 AND 6150 OF TCFB TARIFF NO. 1-D. ACCORDINGLY, NO REASON APPEARS FOR MODIFYING OUR DECISION SUSTAINING THE DISALLOWANCE OF YOUR CLAIM FOR ADDITIONAL FREIGHT CHARGES FOR THE CARRIAGE OF THE MOUNTED PUMPING OUTFITS.