B-161055, AUG. 15, 1969

B-161055, AUG. 15, 1969

TRANSPORTATION - FREIGHT CHARGES - AIRPLANE ENGINE TRAILERS DECISION TO RED BALL MOTOR FREIGHT DISALLOWING ADDITIONAL FREIGHT CHARGES FOR TRANSPORTATION OF JET AIRPLANE ENGINES MOUNTED ON 4-WHEELED DOLLY, OR TRAILER. ALTHOUGH BILL OF LADING DESCRIBES ARTICLE FOR WHEELING JET ENGINES AS "HAMMOND TRAILER," "ENGINE DOLLY" OR "4-WHEELED TRAILER" IT IS A SHIPPING DEVICE DESIGNED SOLELY FOR USE AS A CARRIER FOR AIRPLANE ENGINES AND, THEREFORE WITHIN CLASSIFICATION "CARRIERS, N.O.I.' ALSO, SUCH SHIPPING DEVICES ARE NOT COMBINATION ARTICLES SINCE ENGINE AND CARRIER ARE MADE FOR SPECIFIC PURPOSE OF SUPPORTING AIRPLANE ENGINES IS TRANSPORTATION AND STORAGE. THEREFORE SHIPMENTS SHOULD BE PAID FOR ON BASIS OF AIRPLANE ENGINE RATES APPLIED TO TOTAL WEIGHT.

TO RED BALL MOTOR FREIGHT:

BY LETTER DATED MARCH 12, 1969, YOU SUBMITTED NINE SUPPLEMENTAL BILLS TOTALING $3,804.52, SEEKING RECOVERY OF DEDUCTIONS MADE FOR OVERCHARGES COLLECTED BY YOU IN THE PAYMENT OF YOUR BILLS FOR TRANSPORTATION OF AIRPLANE ENGINES MOUNTED ON A 4-WHEELED DOLLY, OR TRAILER; OTHERWISE KNOWN AS AN AIRPLANE ENGINE TRAILER.

GENERALLY, CONSISTENT WITH THE PROVISIONS OF TITLE 4 OF THE CODE OF FEDERAL REGULATIONS, PART 54, CLAIMS FOR ADDITIONAL TRANSPORTATION CHARGES SHOULD BE SUBMITTED TO OUR TRANSPORTATION DIVISION. THEREFORE, YOUR CLAIMS WILL BE FORWARDED TO OUR TRANSPORTATION DIVISION WITH INSTRUCTIONS TO DISALLOW THEM, FOR THE REASONS SET FORTH HEREIN.

THE CONTROVERSY GIVING RISE TO THESE CLAIMS INVOLVES THE MEASURE OF ALLOWABLE CHARGES TO BE PAID FOR THE TRANSPORTATION OF THE AIRPLANE ENGINES WHEN MOUNTED ON A WHEELED SHIPPING DEVICE GENERALLY KNOWN AS AN AIRPLANE ENGINE TRAILER. SOME BILLS OF LADING DESCRIBE THE ARTICLE AS A "HAMMOND TRAILER; " IN OTHER INSTANCES THEY ARE DESCRIBED AS "ENGINE DOLLY," OR "4-WHEELED TRAILER.' WHATEVER THE BILL OF LADING DESCRIPTION MAY BE, THE ARTICLE ACTUALLY IS A SHIPPING DEVICE DESIGNED SOLELY AS A CARRIER FOR AIRPLANE ENGINES. IT IS TRUE THAT THE CARRIER IS WHEELED, SOMETIMES WITH 21-INCH PNEUMATIC TIRED WHEELS AND IN OTHER INSTANCES WITH RETRACTABLE CASTERS. HOWEVER, IT IS MADE SPECIFICALLY FOR PARTICULAR ENGINES (THE HAMMOND TRAILER TRANSPORTS THE J-57, 61, 64 OR 71A JET ENGINES); AND THE FACT THAT IT IS WHEELED PROVIDES IT WITH NO DIFFERENT USE THAN IF IT WERE A SPECIALLY CONSTRUCTED SKID, OR SHIPPING CRADLE. THE ARTICLE WERE MADE OF METAL AND WOOD, INSTEAD OF ALL METAL, IT WOULD MEET THE CLASSIFICATION DESCRIPTION OF "CARRIERS, N.O.I.' AS NAMED IN ITEM 40850, SUB. 1, OF NATIONAL MOTOR FREIGHT CLASSIFICATION NO. A-8, WHICH IS RATED CLASS 100.

IT IS FURTHER OUR VIEW THAT THIS IS DEFINITELY NOT A COMBINATION ARTICLE WITHIN THE MEANING OF RULE 100 OF THE MOTOR FREIGHT CLASSIFICATION NO. A-8 (RULE 422 IN MOTOR FREIGHT CLASSIFICATION NO. A 9). THE CARRIER IS MADE FOR THE SPECIFIC PURPOSE OF SUPPORTING AIRPLANE ENGINES IN TRANSPORTATION AND STORAGE, AND TO THIS EXTENT THE AIRPLANE ENGINE AND THIS ARTICLE IS NO MORE A COMBINATION ARTICLE THAN IF THE ENGINE WERE IN A METAL CYLINDER, AN ELEVATING PLATFORM SKID, OR A WOODEN AND METAL CARRIER.

WITH REFERENCE TO THE INFORMAL RULING OF THE INTERSTATE COMMERCE COMMISSION DATED FEBRUARY 8, 1967, YOU, OF COURSE, ARE AWARE THAT WHILE SUCH RULINGS ARE ENTITLED TO WEIGHT AND CONSIDERATION THEY ARE NOT CONCLUSIVE OR BINDING ON ANY PARTIES. MOREOVER, AS FAR AS THE INFORMAL RULING IS CONCERNED, THIS IS THE SECOND OF SUCH INFORMAL RULINGS ON THIS SUBJECT. THE FIRST, DATED SEPTEMBER 23, 1960, FILE 668800, ADDRESSED TO SOUTHERN-PLAZA EXPRESS, THE WRITER, W. B. HAMMER, EXPRESSED THE VIEW THAT THERE WAS NO APPLICABLE RATING ON THE ARTICLE IN THE MOTOR FREIGHT CLASSIFICATION AND THAT THE CARRIERS MUST COLLECT A REASONABLE CHARGE.

WE BELIEVE THE CLASSIFICATION RATING FOR AIRPLANE ENGINES MOUNTED ON WHEELED SHIPPING DEVICES IS ADEQUATELY PROVIDED FOR IN RULE 30 OF CLASSIFICATION NO. A-8 (RULE 680 OF CLASSIFICATION NO. A-9). WE ENCLOSE A COPY OF OUR DECISION, B-165750, DATED FEBRUARY 13, 1969, 48 COMP. GEN. --- , ADDRESSED TO ILLINOIS-CALIFORNIA EXPRESS, INC., SETTING FORTH FULLY OUR REASONS FOR STATING THAT RULE 30 APPLIES TO SHIPMENTS OF THIS NATURE.

SINCE EACH OF THE SHIPMENTS HAS BEEN PAID FOR ON THE BASIS OF AIRPLANE ENGINE RATES APPLIED TO THE TOTAL WEIGHT OF THE SHIPMENT, YOUR CLAIMS FOR ADDITIONAL ALLOWANCES WILL BE DISALLOWED. OUR TRANSPORTATION DIVISION WILL ISSUE CERTIFICATES OF SETTLEMENT ON THAT BASIS.