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B-190947 1 (1978-08-01)

handle is hein.gao/gaobadghu0001 and id is 1 raw text is: 




                              4  THE  COMPTR      LLER   flENERAL
   DECISION ,                  . OF   THE UNITED STATEa
                                 WASHINOTON, D.C. 20S40



   FILE;  B-190947                      DATE:POJG   107

   MATTER OF: The Mason and Dixon Lines, Inc.


   DIGEST:

      Carrier not entitled to freight charges based on capacity load
      rule whether 40-foot or 27-fo't trailers used because shipment
      would not have occupted full visible capacity of those
      tzailers as required by rule; furthermore, 27-foot trailer, if
      used, has smaller loading ares than those defined in rule,

      The Maspn and Dixon Lines, Inc. (Mason and Dixon), in letters
 dated December 7, 1977, requests the Comptroller General of the United
 States to review theGeneral Services Administration's (GSA) action
 on seven of its bills for transportation charges.     See Section 201(3)
 of the General Accounting Office Act of 1974, 49 U.S,%, 66(b) (Supp.
 V$ 1975), GSA, after auditing the bills, notified Mason and Dixon
 of overcharges totaling $9,374,76 which In the absence uf refund
 were collected by deduction. 49 U.S.C. 66(a),  Under regulations
 implementing Section 201(3) of the Act, deduction actions constitute
 revwwable settlement actions /4 C.F.P., 53.1(b)(1) and 53.2 (1977) /
 Mason and Dixon's lettexs comply with the criteria for requests
 for review of those actions. 4 C.F.R. 53.3 (1977).

     The settlement actions were taken on seven shipments of blocking
bolsters shipped between April 14, and July 23, 1975, from the
Northrop Corporation Aircraft Division, Palmdale, California, to
the General Electric Company, Lynn, Massachusetts.  The shipments
were routed WESTERN CILLETTE-DESERT EXPRESS PICKUP and were
delivered by Mason and Dixon on Government bills of lading Nos.
K-5566170, K-5569468, K-5569523, K-5569499, K-5569406, K-5566161
and K-5569593.

     The bills of lading indicate that each shipment consisted of
eight blocking bolsters weighing 3,200 pounds which occupied 1,080
cubic feet of space in the carrier's trailer.  On four of the bills
of lading, the box labelled, if this shipment fully loads the car
or truck used, check yes, was checked.

     Mason and Dixon billed and was paid freight charges on each
shipment based upo. the class 85 truckload rating and the 14,000-
pound minimum weight published in item 40850, sub. 1, of National
Notor Freight Classification (NMFC) ICC NMP 100-A.  Upon audit,


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