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B-191258 1 (1978-07-07)

handle is hein.gao/gaobadggc0001 and id is 1 raw text is: NILI - *~. HE OMPTflO3LL-EP MEWLRAL DECISIONKI2a .4. OF THE UNITED STATEs W AsHINOrTciN. 1.c. e5inu FILE: B-191258 DATE: July 7, 1978 MAATTER OF: Yellow Freight System, Inc. DIGEST: Tariff rules require arbitrary charge on shipment subjuct to capacity load rule to be computed on truckload minimum Weight and not 'n actual weight of shipment. Yellow Freight System, Inc. (Yallow Froitht), by letter dated Febtuary 7, 1978, 0/C 11051289, requests the Comptroller General of the United States to review the deduction of $33.30 hy the General Services Administration (GSA) to satisfy the overcharge stated against the shipment transrported under Government bill of lading K-5508559, issued on November 6, 1975. Review of the settlement action is authorized by section 322 of the Transpnrta- tion Act of 1940, as amendd, 49 U.S.C. 66(b) and by 4 C.F.R. 53.2 and 53.3. Tb2 shipment consisted of a rail conveyor system which weighed 6,910 pounds a:\d occupied the full capacity of the transporting trailer. The lading originated aL Glasgow Air Force Base, Montana, and was delivered to New Cumberland Army Depot, Pennsylvania. For the services rendered, Yellow Freight billed and was paid charges of $1,497.60, computed by the application of an arbitrary charge of 30 cents per hundred pounds to Glasgow, Montana. and 594 cents per hundred pounds beyond to destination, both based on a minimum weight of 24,000 pounds. In its audit GSA reduced the charges paid by $33.30. The lesser charges were computed by applying a 56-cent arbitrary charge to the actual weight of 6,910 pounds containad 3n the shipmen t. Yellow Freight contends that th arbitrary charge shot.ld be based on a minimum weight of 24,000 pounds. In support of that contention, the carrier invics cttention to Rocky Mountain Motor Tariff ICC RIB 127 (Tariff ICC RMB 127) which contains thme ar- bitrary charge on this shipment. Item 997 of that tariff pro- vides in part:

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