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B-189252 1 (1977-11-15)

handle is hein.gao/gaobadfht0001 and id is 1 raw text is: .g 1i I I d THE COMTIIrLL.LE LaI GEnA L ['TECIS Jl *1. '.0 F TH UJNITE STATES 'll~ A. WASHINGTON. D.C. 205CS FILE: B-189252 DATE: Noveber 15, 1977 MATTER Or: Yellow Freight System, lre. DIGEST: 1. Since carrier has burden of proving applicability of its freight charges, bare assertion that carrier's manner of loading shipment subjected it to higher charges based on capacity load rule of applicable tariff is insufficient where another feasible manner of load.'n, would not subject shipment to the hightr charges based on chat rule. 2. Carrier not entitled to freight charges based on capacity load rule where vehicle furnished by carrier has smaller loading area than those defined in the rule. Yullow Freight System, Inc. (Yellow Freight) requests r.eview by the Comptroller General of the United States of the General Services Administration's (GSA) action in collecting an alleged transportation overcharge by deduction from freight charges otherwise due the carrier. A deduction action constitutes a settlemcnt within the meaning of Section 201(3) of the Gencral Accounting Office Act of 1974, 49 U.S.C. 66(b) (Supp. V 1975), and of 4 C.F.L. 53.1(L)(1) and i3.2 (1977). Yellow Freight's request is in compliance with the provisions of 4 C.F.R. 53.3 (1977) and the request for review is granted. GSA's action w&s taken on a shipment tendered to Yellow Freight on September 16, 1974, under Government bill of lading No. K-6655267. The shipment was described on the bill of ladtng as 2 S MACHINERY OR MACHINES N0I * * *. The larger skid measured 15' 1 long by 5' wide by 7' 6 high; the other measured 10' 6 long by 2' 3 wide by 1' 3 high. The shipment weighed 13,800 pounds, was loaded int the carrier's trailer No. 6438 and was transported by the carrier from Waturviet, New York, to Pico Rivera, California. Yellow Freiht collected freight charge3 of $1,804.80 on the ship- ment. GSA in its audit discovered an overcharge of $330.30. The carrier protested the audit action and, dissatisfied with GSA's responba ro its Li - 1j1 I

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