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A-24222 1 (1976-01-21)

handle is hein.gao/gaobaddsq0001 and id is 1 raw text is: FILE:LE 0 THE COMPTRO..LER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: DATE: JAN 211976 IVIATTE '22 0q4 Payment of claims under tSC Shipping and DIGEST: Container Agreements The 3*year statute of limitations in Section 322 of the Transportation Act of 1940, 49 U.S.C. 66 (Supp. III, 1973), applies to MSC shipping and container agreements because an amendment to Section 322 expanded it to include all carriers and all contracts and agreements. This action responds to a contention by the Military Sealift Command (MSC) that the 3*year statute of lmitations in Section 322, of the Transportation Act of 1940, as amended, 49 U.S.C. 66 .(Supp. III, 1973), does not apply to the payment of claims under mSC shipping and container awreements, specifically under Container Agreement and Rate Guide RG 8 (Container Agreement). dated January lt 1974. The Container Agreement sets forth rates, rules and regulations applicable to the loading or stuffing of freight into containers and to the transportation of the containers between interior points inithe continental United States and interior points in foreign countries. Many American ocean carriers participate in the Container Agreement wuhich actually is a contract between them and MSC. In addition to freight rates, the Container Agreement has three basic partas Conditions of Service; Standard Maritime Clauses; and Government Clauses. Incorporated by reference into the Government Clauses part of the Container Agreement are pertinent sections of the Armed Services Procurement Regulations including the disputes clause. We presume that the Container Agreement is filed with the Federal Haritime Coamission as required by 46 C.F.R. 536.14 (1974). Prior to its amendment by the Transportation Payment Act of 1972, Pub. L. No. 92.550, 86 Stat. 1163, approved October 25, 1972, Section 322 of the Transportation Act of 1940, as amended, 49 U.S.C. 66 (1970), among other things, imposed a 3-year time limitation on clain by and overcharges against comm carriers subject to the Interstate Comerce Act or to the Civil Aeronautics Act of 1938.

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