B-132402, OCT. 4, 1957

B-132402, OCT. 4, 1957

TO MR. DAVID C. HILL, COMPTROLLER, BELL TRANSPORTATION COMPANY:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 25, 1957, CONCERNING THE DISALLOWANCE OF YOUR CLAIM, PER BILL M00107, FOR $62.78 ALLEGED TO BE DUE YOU AS A PART OF THE CHARGES PAYABLE FOR THE TRANSPORTATION OF THREE INTERNAL COMBUSTION ENGINES, NOIBN (RADIAL CYLINDER TYPE AIRCRAFT), WEIGHING 18,570 POUNDS, FROM PLANEHAVEN, CALIFORNIA, TO SAVANNAH, GEORGIA, ON BILL OF LADING AF-4837918, DURING APRIL 1956. THE BILL OF LADING PROVIDED FOR THE TRANSPORTATION OF THIS SHIPMENT VIA "J. H. ROSE TRUCK LINES, INC-BELL TRANSPORTATION CO," AND APPARENTLY WAS INTERCHANGED AT WEST MEMPHIS, ARKANSAS.

FOR THIS TRANSPORTATION YOU CLAIMED, ORIGINALLY, AND WERE PAID, $1,109.22 ($815.22 TO WEST MEMPHIS AND $294 TO DESTINATION). THEREAFTER, YOU CLAIMED $62.78 ADDITIONAL, BASED ON THE SAME RATE TO WEST MEMPHIS, ARKANSAS, AS IN THE ORIGINAL BILL, BUT COMPUTED ON THE BASIS OF A MINIMUM WEIGHT OF 20,000 POUNDS PROVIDED FOR SHIPMENTS OF LIGHT AND BULKY ARTICLES, PUBLISHED IN EXCEPTION NO. 2 IN ITEM 145-B OF SUPPLEMENT 16 TO J. H. ROSE TRUCK LINE, INC., LOCAL AND JOINT COMMODITY TARIFF NO. 1, MF- I.C.C. NO. 3. THIS ITEM, COVERING THE "DEFINITION OF SHIPMENT" AND THE EXCEPTION, PROVIDES IN PERTINENT PART, AS FOLLOWS:

"A SHIPMENT IS A LOT OF FREIGHT RECEIVED FROM ONE SHIPPER, AT ONE POINT OF ORIGIN, AT ONE TIME, FOR ONE CONSIGNEE, AT ONE DESTINATION AND COVERED BY ONE BILL OF LADING (SEE EXCEPTIONS AND ITEM NOS. 85, 90 AND (155).

"EXCEPTION 2. * * * WHEN SHIPMENT CONSISTING WHOLLY OR IN PART, OF LIGHT AND BULKY ARTICLES, WHICH BECAUSE OF PHYSICAL CHARACTERISTICS REQUIRES THE PHYSICAL CAPACITY OF ONE OR MORE 28 FOOT TRAILERS, OR LOADING SPACE ON A LOWBOY (UNDERSLUNG) TRAILER, EACH TRUCK AND TRAILER SHALL BE CONSIDERED AS BEING LOADED WITH A TRUCKLOAD AND LADING THEREON TREATED AS A SEPARATE SHIPMENT AT APPLICABLE RATE AND ACTUAL WEIGHT, SUBJECT TO MINIMUM WEIGHT OF 20,000 POUNDS PER TRUCK LOAD.'

THIS IS A GENERAL EXCEPTION APPLYING TO THE TARIFF AS A WHOLE. THIS CLAIM WAS DISALLOWED FOR THE REASON THAT THE APPLICABLE RATE FROM PLANEHAVEN, CALIFORNIA, TO WEST MEMPHIS, TENNESSEE, WAS LIMITED IN ITS APPLICATION TO SHIPMENTS OF "ENGINES, INTERNAL COMBUSTION, NOI, RADIAL CYLINDER TYPE OF JET PROPULSION TYPE, OR PARTS THEREOF, (A.Q.) ANY QUANTITY.'

IN YOUR REQUEST FOR REVIEW YOU AGAIN MAKE REFERENCE TO THE EXCEPTION, QUOTED ABOVE, AND REQUEST THE ALLOWANCE OF $62.78.

EXCEPTION NO. 2, APPLYING AS IT DOES ON SHIPMENTS "CONSISTING WHOLLY OR IN PART, OF LIGHT AND BULKY ARTICLES," DOES NOT DEFINE LIGHT AND BULKY ARTICLES, WITHIN THE CONTEMPLATION OF THIS EXCEPTION. THE INTERSTATE COMMERCE COMMISSION, IN CONSIDERING THE QUESTION OF WHAT ARTICLES WERE LIGHT AND BULKY ARTICLES, LIMITED ITS CONSIDERATION TO THOSE ARTICLES HAVING A CUBIC FOOT DENSITY OF TEN POUNDS AND LESS. SEE INCANDESCENT ELECTRIC LAMPS OR BULBS. 44 M.C.C. 501, AT 513, AFFIRMED 47 M.C.C. 611; CLASSIFICATION OF SHEET STEEL CANS, 54 M.C.C. 605; BELL POTATO CHIP CO. V. ABERDEEN TRUCK LINE, 43 M.C.C. 337. THESE ENGINES, EACH WEIGHING 6,190 POUNDS AND MEASURING 400 CUBIC FEET HAVE A DENSITY OF OVER 15 POUNDS PER CUBIC FOOT AND APPARENTLY COULD BE CONSIDERED ..END :