________________
 
                            December 9, 1997
                            ________________
 
 
                            GSBCA 14375-RATE
 
 
              In the Matter of TRI-STATE MOTOR TRANSIT CO.
 
 
        Robert  D. Norcom,  Auditor,  Tri-State  Motor Transit  Co.,
   Joplin, MO, appearing for Claimant.
 
        Jeffrey  J.  Thurston,  Director,  Office of  Transportation
   Audits,   General   Services  Administration,   Washington,   DC,
   appearing for General Services Administration.
 
        Col.  James F.  Quinn, Staff  Judge Advocate,  Headquarters,
   Military  Traffic Management  Command,  Department of  the  Army,
   Falls Church, VA, appearing for Department of Defense.
 
   VERGILIO, Board Judge.
 
             The claimant,  Tri-State Motor Transit  Co., seeks
        payment of $2,704.50  as an exclusive use charge  for a
        shipment  under a  specific  Government bill  of lading
        (GBL).  A  serially numbered cable lock  was applied to
        the shipment.   By the terms of the  tariff under which
        the shipment occurred,  this constituted a request  for
        exclusive use.   Accordingly,  having also  established
        that  exclusive use  was provided  and  given that  the
        calculation of charges is not disputed, the claimant is
        entitled to the amount it seeks.
 
        The GBL underlying  this shipment specifies in  block twenty
   that  the movement  is to  occur pursuant  to Tri-State's  tariff
   4001.    The  shipper,  not the  carrier  (Tri-State),  applied a
   serially numbered cable lock.  A provision of Tri-State's  tariff
   specifies that  use of any  method of sealing a  dromedary, which
   requires  the use  of mechanical  means to  break, constitutes  a
   request  for  exclusive use  of the  container and  assessment of
   exclusive  use charges.    Tri-State contends  that a  cable lock
   requires mechanical means to break and that it provided exclusive
   use  transportation.  Nothing in  the record contradicts, and the
   record supports, these assertions by Tri-State.
 
        The Board has established that the above facts constitute  a
   request for  exclusive use  under the  tariff.   Tri-State  Motor
 
                                                                   2
 
   Transit Co., GSBCA 13948-RATE, 97-1 BCA   28,930; Tri-State Motor
   Transit Co., GSBCA 13875-RATE (Nov. 26, 1997).
 
        The    General    Services   Administration,    Office    of
   Transportation  Audits,  contends  that  this  matter  should  be
   dismissed because two other cases are here dispositive, Tri-State
   Motor Transit Co., GSBCA 13747-RATE (Oct. 30, 1997) and Tri-State
   Motor Transit  Co., GSBCA 13737-RATE,  97-1 BCA   28,945.   Those
   decisions establish that an annotation on  a GBL, which specifies
   that flame  or heat-producing  tools will not  be used  to remove
   security devices,  does not  constitute a  request for  exclusive
   use.  In  each case, Tri-State failed to establish  that the type
   of  seal applied was  one of the types  identified in its tariff.
   The Board noted, "Without such evidence, we  cannot conclude that
   DoD  requested exclusive  use,  according  to  the terms  of  the
   tariff."   Tri-State,  97-1  BCA  at 144,217.    The record  here
   distinguishes  this  matter;  Tri-State has  established  that  a
   serially numbered cable lock was applied.
 
        Through the  GBL  and application  of  the cable  lock,  the
   Government  requested  exclusive  use  under  the  tariff.    The
   Government  obtained an  exclusive use  shipment.   Tri-State  is
   entitled  to  recover  for  the  exclusive  use shipment  at  its
   established, applicable rate.   Tri-State's calculations have not
   been disputed.   Tri-State is to recover the additional $2,704.50
   it seeks.
 
                                 ____________________________
                                 JOSEPH A. VERGILIO
                                 Board Judge