B-128553, NOVEMBER 19, 1956, 36 COMP. GEN. 405

B-128553, NOVEMBER 19, 1956, 36 COMP. GEN. 405

TRANSPORTATION - RATES - CLASSIFICATION - COMBINATION ARTICLE V. SINGLE UNIT ELECTRIC POWER PLANT, MOUNTED A SELF-PROPELLED ELECTRIC POWER PLANT WHICH, ACCORDING TO THE DESCRIPTION IN AN OPERATION AND SERVICE HANDBOOK, CONSISTS OF GENERATOR, GENERATOR DRIVE AND SPECIALLY BUILT TRUCK SO CONNECTED OPERATIONALLY AND FUNCTIONALLY THAT WHEN THE MAJOR PARTS ARE DISASSEMBLED THEY ARE USELESS IN THEIR INDIVIDUAL CAPACITY WITHOUT STRUCTURAL AND MECHANICAL CHANGES, MAY NOT BE CLASSIFIED FOR FREIGHT RATE PURPOSES UNDER THE COMBINATION ARTICLE RULE AS PASSENGER VEHICLES BUT MUST BE CLASSIFIED UNDER THE SINGLE UNIT RULE AS GENERATORS, ENGINES AND SWITCHBOARDS COMBINED.

TO ILLINOIS CENTRAL RAILROAD COMPANY, NOVEMBER 19, 1956:

REFERENCE IS MADE TO YOUR LETTER OF JULY 5, 1956, FILE G-AFR-28612-A WAG, REQUESTING REVIEW OF THE SETTLEMENT OF JUNE 5, 1955, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL FREIGHT CHARGES OF $703.85, ALLEGED TO BE DUE FOR THE TRANSPORTATION OF "8 LSE. GENERATORS OR MOTORS, OR GENERATORS AND ENGINES COMBINED," FROM PHILADELPHIA, PENNSYLVANIA, TO MILLINGTON, TENNESSEE, UNDER BILL OF LADING N 31477247, IN SEPTEMBER 1953.

FOR THIS SERVICE YOU CLAIMED, ORIGINALLY, AND WERE PAID THE SUM OF 4807.21. THEREAFTER, BY BILL NO. AFR-28612-A, YOU CLAIMED AN ADDITIONAL AMOUNT OF $703.85 AND SUBMITTED IN SUPPORT OF YOUR CLAIM AN EASTERN WEIGHING AND INSPECTION BUREAU CORRECTION CHANGING THE DESCRIPTION OF THE SHIPMENT TO "8 LOOSE VEHICLES, MOTOR, AUTOMOBILES, PASSENGER, SET UP," AND INDICATING THAT THE SHIPMENT SHOULD BE RATED UNDER RULE 18 OF THE CLASSIFICATION, THE SO-CALLED "COMBINATION ARTICLE RULE.' YOU CONTEND THAT ON THIS BASIS THE SHIPMENT IS RATABLE AS PASSENGER AUTOMOBILES.

IN YOUR REQUEST FOR REVIEW YOU URGE THAT THE SELF-PROPELLED POWER PLANT HERE INVOLVED WAS NO MORE THAN AN "ORDINARY" JEEP, SUCH AS WAS CONSIDERED IN THE SO-CALLED "JEEP" CASE ( UNION PACIFIC RAILROAD CO. V. UNITED STATES, C.1CLS. NO. 47643), WITH AN ELECTRIC GENERATING PLANT MOUNTED IN SUCH MANNER THAT IF REMOVED NO MATERIAL CHANGES WOULD BE REQUIRED TO PERMIT THE "JEEP" TO PERFORM ITS USUAL FUNCTIONS.

THE RECORD SHOWS THAT THE ARTICLES SHIPPED ON GOVERNMENT BILL OF LADING NO. N-31477247, ISSUED AUGUST 25, 1953, WERE PROCURED UNDER CONTRACT NO. NOA (S) 51-1247R; THAT THE SHIPMENT WAS TENDERED TO THE CARRIER AT PHILADELPHIA, PENNSYLVANIA, ON SEPTEMBER 4, 1953, BY O.E. SZEKELY AND ASSOCIATES, INC.; AND THAT THE ARTICLES COMPRISING THE SHIPMENT WERE MARKED " CONTRACT NOA (S) 51-12475.' THIS CONTRACT, ENTERED INTO AS OF JUNE 30, 1951, BY AND BETWEEN THE UNITED STATES AND O.E. SZEKELY AND ASSOCIATES, INC., COVERED THE PURCHASE BY THE UNITED STATES OF 292 " SELF- PROPELLED ELECTRIC POWER PLANTS, TYPE NC-5," AND UNDER THE PROVISIONS OF THE CONTRACT THE CONTRACTOR WAS REQUIRED TO FURNISH "A REPRODUCIBLE COPY" OF A " HANDBOOK OF OPERATION AND SERVICE INSTRUCTIONS" TO COVER THE ,SELF- PROPELLED ELECTRIC POWER PLANTS, TYPE NC-5.'

THE CITED " HANDBOOK," BEARING THE REFERENCE " NAVAER 19-45-10," AND DATED SEPTEMBER 15, 1952, IS ENTITLED " HANDBOOK OPERATION AND SERVICE INSTRUCTIONS--- SELF-PROPELLED ELECTRIC POWER PLANT--- TYPE NG-5," AND THE TITLE PAGE SHOWS THAT IT WAS " PUBLISHED BY DIRECTION OF THE CHIEF OF THE BUREAU OF AERONAUTICS.' SECTION I OF THIS PUBLICATION CONTAINS THE STATEMENT THAT " THIS HANDBOOK CONTAINS DESCRIPTIVE MATERIAL, OPERATION, SERVICE, AND MAINTENANCE INSTRUCTION FOR THE TYPE NC-5 SELF PROPELLED ELECTRIC POWER PLANT MANUFACTURED BY O.E. SZEKELY AND ASSOCIATES, INC., PHILADELPHIA, PA.' SECTION II OF THE " HANDBOOK" SHOWS THAT " THE TYPE NC -5 SELF-PROPELLED ELECTRIC POWER PLANT IS A MOBILE UNIT * * * "; THAT " THE POWER PLANT CONSISTS PRIMARILY OF A 4 X 4 TRUCK, A GENERATOR DRIVE, A D-C GENERATOR, AN A-C GENERATOR," ETC.; AND THAT " THE VEHICLE IS A SPECIALLY-BUILT, TWO-PASSENGER 4 X 4 TRUCK POWERED BY A FORD EIGHT CYLINDER ENGINE.' ( ITALICS SUPPLIED.) "A GENERATOR MOUNTING CHASSIS, LOCATED BETWEEN THE SEATS, SUPPORTS THE TWO GENERATORS AND THE GENERATOR DRIVE," AND THE "TRANSMISSION WHICH INCORPORATES THE TRANSFER CASE IS DESIGNED TO TRANSFER ENGINE POWER * * * TO THE GENERATOR DRIVE.' THE DESCRIPTION OF THE PARTS OF THE SELF PROPELLED ELECTRIC POWER PLANT, AND OF THE MANNER IN WHICH THEY ARE CONNECTED AND THEIR FUNCTIONS AND OPERATIONAL RELATIONSHIP TO EACH OTHER, SERVES TO EMPHASIZE THE UNITY OF THE COMPLETE ARTICLE. UPON DISASSEMBLY OF THE PLANT, EACH MAJOR PART APPARENTLY WOULD BE JUST A PART OF THE PLANT, AND USELESS IN AN INDIVIDUAL CAPACITY WITHOUT BOTH STRUCTURAL AND MECHANICAL CHANGES.

IT SEEMS REASONABLE TO CONCLUDE FROM THE FOREGOING THAT THE SELF PROPELLED ELECTRIC POWER PLANT INVOLVED IN THIS CASE WAS A SINGLE UNIT, FOR CLASSIFICATION PURPOSES, RATHER THAN A COMBINATION ARTICLE AND, CONSEQUENTLY, THE PROVISIONS OF RULE 18 OF THE GOVERNING FREIGHT CLASSIFICATION WOULD NOT APPLY IN DETERMINING THE CHARGES FOR THE TRANSPORTATION INVOLVED. SEE, IN THIS CONNECTION, STEWART AND STEVENSON SERVICES, INC. V. BALTIMORE AND OHIO RAILROAD COMPANY, 276 I.C.C. 156, 157, AND HARRISON CONSTRUCTION CO. V. CINCINNATI, N.O. AND T.P. RY. CO., 266 I.C.C. 313, 316-318. IN THE LATTER CASE IT WAS HELD THAT A TRUCK- MOUNTED CONCRETE MIXER WAS A SELF-PROPELLED CONCRETE MIXING MACHINE RATHER THAN A COMBINATION ARTICLE AND WAS SUBJECT TO THE RATING APPLICABLE ON "MACHINERY OR MACHINES, N.O.T.B.N.' SEE, ALSO, OAKLAND TRUCK SALES COMPANY V. BALTIMORE AND OHIO RAILROAD COMPANY, ET AL., 270 I.C.C. 548.

IN ACCORDANCE WITH THE PRINCIPLES ESTABLISHED IN THE ABOVE CASES, THE CHARGES FOR THIS TRANSPORTATION WERE COMPUTED ON THE BASIS OF THE RATING PROVIDED IN ITEM 15970 OF UNIFORM FREIGHT CLASSIFICATION NO. 1, FOR " GENERATORS, ENGINES AND SWITCHBOARDS COMBINED.' SINCE NO OTHER CLASSIFICATION ITEM HAS BEEN CLAIMED, OR SHOWN TO BE PROPER, FOR APPLICATION ON THIS SHIPMENT WHEN TREATED AS A SINGLE UNIT, THE SETTLEMENT, WHICH WAS CONSISTENT WITH THE FOREGOING, IS SUSTAINED.