A-63520, JULY 5, 1935, 15 COMP. GEN. 14

A-63520: Jul 5, 1935

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REQUIRING FILLING WITH WATER BEFORE BEING USABLE FOR THE PURPOSE THEY WERE INTENDED TO SERVE. WERE SUBJECT TO THE CLASSIFICATION RATING PROVIDED FOR SHEET STEEL WARE. WAS PAID $276.57 BY NAVY DISBURSING OFFICER J. THE ADDITIONAL ALLOWANCE CLAIMED WAS DISALLOWED BY SETTLEMENT CERTIFICATE 90. IT BEING STATED THAT THE EMPTY PRACTICE BOMBS WERE MADE OF SHEET STEEL. THAT SETTLEMENT WAS MADE ON THE BASIS OF 4TH-CLASS RATE AS FOR SHEET IRON OR SHEET STEELWARE N.O.I.B.N. THAT EMPTY PRACTICE BOMBS MADE OF SHEET IRON OR SHEET STEEL WERE SUBJECT TO RATINGS PROVIDED FOR SHEET IRON OR SHEET STEELWARE. THE TRANSPORTATION CHARGES CLAIMED AND ALLOWED ARE COMPUTED AT RATES APPLYING BY THE BILL OF LADING ROUTE.

A-63520, JULY 5, 1935, 15 COMP. GEN. 14

TRANSPORTATION - PRACTICE BOMBS, SHEET STEEL, EMPTY - CLASSIFICATION RATING PRACTICE BOMBS MADE OF SHEET STEEL, SHIPPED EMPTY, AND REQUIRING FILLING WITH WATER BEFORE BEING USABLE FOR THE PURPOSE THEY WERE INTENDED TO SERVE, WERE SUBJECT TO THE CLASSIFICATION RATING PROVIDED FOR SHEET STEEL WARE, N.O.I.B.N., IN THE ABSENCE OF A SPECIFIC RATING PROVIDING OTHERWISE.

DECISION BY COMPTROLLER GENERAL MCCARL, JULY 5, 1935:

THE CHESAPEAKE STEAMSHIP CO. HAS REQUESTED REVIEW OF SETTLEMENT 90,000 1/2, DATED OCTOBER 9, 1933, WHICH DISALLOWED $313.03 UPON CARRIER'S BILL T -816-A FOR THE TRANSPORTATION FOR ACCOUNT OF THE NAVY DEPARTMENT OF SHIPMENT OF 319 BOXES EMPTY PRACTICE BOMBS, MADE OF SHEET STEEL, WEIGHING 26,800 POUNDS, FROM PENSACOLA, FLA., ORIGINATING ON THE LOUISVILLE AND NASHVILLE RAILROAD, TO NAVY MINE DEPOT, YORKTOWN, VA., ROUTED CHESAPEAKE AND OHIO RAILWAY PER BILL OF LADING NO. N-833635, FEBRUARY 26, 1932.

THE CARRIER PRESENTED ITS BILL FOR $758.44 BASED ON A GROSS RATE OF $2.81, PLUS 2 CENTS EMERGENCY CHARGE, PER ONE HUNDRED POUNDS, WITHOUT LAND -GRANT DEDUCTION, AND WAS PAID $276.57 BY NAVY DISBURSING OFFICER J. A. REBENTISCH, PER VOUCHER 1137, JUNE 8, 1932, ON BASIS OF THE THROUGH ALL- RAIL FOURTH-CLASS RATE OF $1.20 PLUS 2 CENTS, PER ONE HUNDRED POUNDS; LESS LAND-GRANT DEDUCTION COMPUTED BY FIRST DIVIDING THE REVENUE ALLOWING 84.8 AND 15.2 PERCENT TO AND FROM NORFOLK, VA., THE PROPORTION SOUTH OF NORFOLK BEING SUBDIVIDED BY DEDUCTING 4 1/2 CENTS PER ONE HUNDRED POUNDS NORFOLK TERMINAL CHARGE, THE REMAINDER BY ALLOWING 16 PERCENT TO RIVER JUNCTION, FLA., LESS 50 PERCENT LAND GRANT DEDUCTION AND THE BALANCE TO NORFOLK, LESS 13.093 PERCENT LAND GRANT DEDUCTION. THEREAFTER, THE CARRIER CLAIMED $313.03 ADDITIONAL, ON BASIS OF FIRST CLASS "RATE $2.18 PER CWT. FROM ORIGIN TO DESTINATION, PER GLENN'S NORTH FLORIDA TARIFF I.C.C. NO. A-704, PLUS 2 CENTS PER CWT. EMERGENCY CHARGE, RESULTING IN TOTAL CHARGES OF $589.60.' THE ADDITIONAL ALLOWANCE CLAIMED WAS DISALLOWED BY SETTLEMENT CERTIFICATE 90,000 1/2, OCTOBER 9, 1933, IT BEING STATED THAT THE EMPTY PRACTICE BOMBS WERE MADE OF SHEET STEEL, THAT SETTLEMENT WAS MADE ON THE BASIS OF 4TH-CLASS RATE AS FOR SHEET IRON OR SHEET STEELWARE N.O.I.B.N. CARLOAD MINIMUM WEIGHT 20,000 POUNDS, PER C.F.C. NO. 6, PAGE 454, ITEM 8, LESS LAND-GRANT DEDUCTION; AS UNDER DATE OF DECEMBER 30, 1931, A. H. GREENLY, CHAIRMAN, OFFICIAL CLASSIFICATION, HAD ADVISED BY TELEGRAM, THAT EMPTY PRACTICE BOMBS MADE OF SHEET IRON OR SHEET STEEL WERE SUBJECT TO RATINGS PROVIDED FOR SHEET IRON OR SHEET STEELWARE, N.O.I.B.N.

THE SHIPMENT MOVED VIA THE LOUISVILLE AND NASHVILLE RAILROAD AND THE CHESAPEAKE AND OHIO RAILWAY TO WASHINGTON, D.C., THE BALTIMORE AND OHIO RAILROAD TO BALTIMORE, MD., AND THE CHESAPEAKE STEAMSHIP CO. TO YORKTOWN, VA. THE GENERAL FREIGHT AGENT OF THE LOUISVILLE AND NASHVILLE RAILROAD CO., IN LETTER TO GENERAL FREIGHT AGENT OF THE CHESAPEAKE STEAMSHIP CO., DATED AUGUST 10, 1932, FILE FIN. 31330-25, ACCEPTED RESPONSIBILITY FOR THE MISROUTING AND PROTECTION OF THE LOWER RATE. THE TRANSPORTATION CHARGES CLAIMED AND ALLOWED ARE COMPUTED AT RATES APPLYING BY THE BILL OF LADING ROUTE.

THE CARRIER'S APPLICATION FOR REVIEW ASKS ALLOWANCE OF $313.03, URGING THAT THE RATE "$2.18 1ST CLASS AS PER GLENN'S NORTH FLORIDA I.C.C. 704 AND CONSOLIDATED CLASSIFICATION NO. 6, SUPPLEMENT 24, ITEM 20, PAGE 6 (? PAGE 16) " SHOULD BE THE BASIS FOR SETTLEMENT. THAT,"ON THIS BASIS THE LEGAL CHARGE WAS 26,800 LBS. AT $2.18 OR $584.24 PLUS $5.36 INCREASED REVENUE, OR $589.60. CHECK WAS RECEIVED * * * FOR $276.57 * * * LEAVING AN UNPAID BALANCE OF $313.03.'

CONSOLIDATED FREIGHT CLASSIFICATION NO. 6, SUPPLEMENT 24, PAGE 16, ITEM 20, PUBLISHED, UNDER THE CAPTION "AMMUNITION, NOT EXPLOSIVE, INCENDIARY, GAS, SMOKE, NOR TEAR PRODUCING," ON ANY QUANTITY RATING OF FIRST CLASS IN BOTH OFFICIAL AND SOUTHERN CLASSIFICATIONS ON "PRACTICE BOMBS OR MINES, IN BOXES.' UNDER THE SAME CAPTION, AND IMMEDIATELY PRECEDING ITEM 20, ITEM 19 PUBLISHED A SECOND-CLASS RATING LESS THAN CARLOADS AND A FIFTH-CLASS RATING, CARLOADS, MINIMUM WEIGHT 36,000 POUNDS, IN BOTH OFFICIAL AND SOUTHERN CLASSIFICATIONS, ON DUMMY, SAND LOADED OR SOLID BOMBS OR MINES IN BOXES. BOTH ITEMS 19 AND 20 BECAME EFFECTIVE JULY 6, 1931, IN SUPPLEMENT 24. PRIOR TO JULY 6, 1931, IDENTICAL RATINGS WERE PUBLISHED EFFECTIVE APRIL 30, 1928 (C.F.C. NO. 5, SUPPLEMENT 4, PAGE 25, ITEMS 29, 26, 27) BUT UNDER THE CAPTION "AMMUNITION NOT EXPLOSIVE.' PRIOR TO APRIL 30, 1928, THERE APPARENTLY WAS NO SPECIFIC RATING FOR EITHER DUMMY OR PRACTICE BOMBS.

THE NAVY DEPARTMENT HAS REPORTED THAT THE ARTICLES HERE CONSIDERED WERE MADE OF SHEET STEEL AND WERE SHIPPED EMPTY. IT IS THUS INDICATED THAT THEY WERE SIMILAR TO ARTICLES DESCRIBED IN NAVY DEPARTMENT SPECIFICATIONS FOR THE MANUFACTURE OF "PRACTICE BOMB MARK VII (WATER FILLED, 100-LB. DIMENSION)" MANUFACTURED BY THE RUSSAKOV CAN CO. OF CHICAGO, ILL. THE SAID SPECIFICATIONS FOR THE MARK VII PRACTICE BOMB STIPULATED THAT IT BE MADE OF BLACK SHEET STEEL, ALL SEAMS AND JOINTS TO BE WELDED, WELDED JOINTS TO BE FINISHED SMOOTH WITH THE EXTERIOR SURFACE OF THE BODY, WHICH IS TO BE ACCURATELY SHAPED AND ASSEMBLED WITHIN SPECIFIED TOLERANCES, ALL PARTS TO BE FREE FROM DENTS, ROUGH SPOTS, OR OTHER DEFECTS DETRIMENTAL TO THE HANDLING AND PROPER OPERATION OF THE BOMB OR RELEASING MECHANISM, TAIL VANES TO BE ACCURATELY CUT AND FORMED AND SO ASSEMBLED AND SECURED TO THE CONE THAT THE CENTERLINE OF THE COMPLETE TAIL ASSEMBLY SHALL NOT DEPART FROM THAT OF THE BODY BY MORE THAN 1/16 OF AN INCH; WATER CONTAINER TO BE WATERTIGHT; AFTER ASSEMBLY, EACH BOMB TO BE COATED INTERNALLY AND EXTERNALLY WITH AN APPROVED WATERPROOF LACQUER OR ENAMEL BAKED ON, REASONABLY RESISTANT TO ABRASION, NOT AFFECTED BY FRESH WATER AND ONLY SLIGHTLY AFFECTED BY SALT WATER; THIS COATING NOT TO CRACK OR CHIP, NOR SOFTEN NOR BECOME TACKY TO THE TOUCH UPON EXPOSURE TO A TEMPERATURE OF 120 DEGREES F. EACH BOMB TO BE PACKED IN A CORRUGATED CARDBOARD CONTAINER, ONE BOMB IN EACH CONTAINER FOR DOMESTIC SHIPMENT.

THE CLASSIFICATION RATING OF THE MARK VII BOMBS AS DESCRIBED IN THE FOREGOING APPEARS TO HAVE BEEN THE SUBJECT OF CONSIDERATION BY THE OFFICIAL CLASSIFICATION COMMITTEE AT THE REQUEST OF D. RUSSAKOV OF THE RUSSAKOV CAN CO., WITH THE RESULT THAT ON DECEMBER 22, 1931, UNDER FILE REFERENCE G, A. H. GREENLY, CHAIRMAN, OFFICIAL CLASSIFICATION COMMITTEE INFORMED THE RUSSAKOV CAN CO. AS FOLLOWS:

* * * IN REGARD TO CARLOAD RATES FROM CHICAGO, ILL., TO NORFOLK, VA., ON EMPTY AERIAL PRACTICE BOMBS MADE OF SHEET IRON OR STEEL, 22 GAUGE.

THIS COMMITTEE HOLDS, IN VIEW OF THE FACT THAT THESE ARTICLES ARE SHIPPED EMPTY, AND HAVE TO BE FILLED WITH WATER BEFORE THEY CAN BE USED AS PRACTICE BOMBS, THEY ARE NOT SUBJECT TO THE 1ST CLASS ANY QUANTITY RATING FOR PRACTICE BOMBS PROVIDED BY ITEM 20, PAGE 16, SUPPLEMENT 24 TO C.F.C. NO. 6 AND ARE SUBJECT TO THE RATINGS APPLICABLE TO SHEET IRON OR SHEET STEEL WARE, N.O.I.B.N., TINNED, ETC., PER ITEM 8, PAGE 454 OF THE CLASSIFICATION, WHICH PROVIDES 1ST CLASS L.C.L. RATING AND 4TH CLASS CARLOAD RATING, MINIMUM 20,000 POUNDS, SUBJECT TO RULE 34.

IT IS UNDERSTOOD THAT YOU WILL FILE AN APPLICATION FOR SPECIFIC PROVISION FOR THESE ARTICLES IN THE CLASSIFICATION.

DECEMBER 29, 1931, THE FEDERAL COORDINATOR FOR TRAFFIC, REFERRING TO THE FOREGOING LETTER OF DECEMBER 22, 1931, REQUESTED MR. GREENLY TO ADVISE---

IF YOU WILL APPLY SHEET IRON OR SHEET STEELWARE, N.O.I.B.N. RATING ON CARLOAD SHIPMENTS SHEET METAL EMPTY AERIAL PRACTICE BOMBS WHEN SHIPPED BY THE GOVERNMENT UNDER GOVERNMENT BILLS OF LADING FROM EITHER CHICAGO, CLEVELAND, OR PITTSBURGH TO HAMPTON ROADS, VIRGINIA.

MR. GREENLY'S REPLY BY TELEGRAM DATED DECEMBER 30, 1931, WAS---

PENDING ESTABLISHMENT SPECIFIC PROVISION IN CLASSIFICATION FOLLOWING REGULAR DOCKETING NEXT APRIL SHIPMENTS EMPTY AERIAL PRACTICE BOMBS, MARK VII, SHIPPED BY GOVERNMENT UNDER GOVERNMENT BILLS OF LADING BETWEEN POINTS IN OFFICIAL TERRITORY WILL BE SUBJECT SHEET IRON OR SHEET STEEL WARE N.O.I.B.N. RATING.

IT APPEARS, ALSO, THAT UNDER DATE OF JANUARY 27, 1932, THE COORDINATOR FOR TRAFFIC FILED WITH THE OFFICIAL CLASSIFICATION COMMITTEE AN APPLICATION FOR CHANGE IN CLASSIFICATION, DESCRIPTION, AND RATINGS FOR PRACTICE BOMBS, OR THE ESTABLISHMENT OF A SEPARATE SPECIFIC RATING TO APPLY ON SHEET STEEL, EMPTY PRACTICE BOMBS AND THAT THIS APPLICATION WAS DOCKETED BY THE CONSOLIDATED CLASSIFICATION COMMITTEE (OF WHICH E. H. DULANEY, CHAIRMAN, SOUTHERN CLASSIFICATION COMMITTEE, APPARENTLY WAS A MEMBER) UNDER DOCKET NO. 49, SUBJECT NO. 158, FOR HEARING DURING THE PERIOD FROM APRIL 13 TO MAY 2, 1932.

AUGUST 12, 1932, THE OFFICIAL CLASSIFICATION COMMITTEE NOTIFIED THE COORDINATOR FOR TRAFFIC TO THE EFFECT THAT:

* * * THE APPLICATION OF JANUARY 27, 1932, FOR THE ESTABLISHMENT OF SEPARATE SPECIFIC RATING TO APPLY ON SHEET STEEL EMPTY PRACTICE BOMBS HAS BEEN GIVEN CAREFUL CONSIDERATION BY THE CLASSIFICATION COMMITTEE WITH RESULT THAT IT HAS BEEN DECIDED TO AMEND ITEM 3, PAGE 22 OF SUPPLEMENT 47 TO C.F.C. 6 (BOMBS AND MINES) BY THE ADDITION OF CARLOAD RATING MAKING THE ENTRY READ AS FOLLOWS:

BOMBS OR MINES

PRACTICE IN BOXES, OR CRATES, LESS THAN CARLOAD, FIRST CLASS, IN PACKAGES, CARLOAD, MINIMUM WEIGHT 14,000 POUNDS, SUBJECT TO RULE 34, THIRD CLASS, IN OFFICIAL, SOUTHERN AND WESTERN CLASSIFICATIONS, TO BECOME EFFECTIVE SEPTEMBER 20, 1932, PER SUPPLEMENT 2 TO C.F.C. NO. 7. THE RATINGS NOTED WERE PUBLISHED IN THE SAID SUPPLEMENT (P. 19, ITEM 3).

HOWEVER, AUGUST 31, 1932, THE COORDINATOR FOR TRAFFIC INFORMED O. F. LOVENBERG, MEMBER, OFFICIAL CLASSIFICATION COMMITTEE, THAT THE THIRD CLASS RATING WAS NOT SATISFACTORY IN VIEW OF THE CARLOADING POSSIBILITIES OF THE EMPTY SHEET METAL PRACTICE BOMBS, FULLY 16,000 POUNDS OF WHICH COULD BE LOADED IN A STANDARD CAR---

WHICH SHOULD AUTHORIZE A RATING NOT HIGHER THAN FOURTH CLASS PARTICULARLY AS COMPARED WITH RATINGS ON A NUMBER OF ARTICLES OF SHEET IRON OR SHEET STEEL WARE.

THE COORDINATOR FOR TRAFFIC STATED FURTHER:

* * * YOU HAVE RULED THAT THE EMPTY PRACTICE BOMBS MADE OF SHEET IRON OR STEEL ARE TODAY SUBJECT TO THE RATINGS FOR SHEET IRON OR SHEET STEEL WARE, N.O.I.B.N. THE CLASSIFICATION CHANGE WHICH YOU HAVE ADOPTED WILL MERELY ADD A CARLOAD RATING FOR PRACTICE BOMBS. IF THE SHEET STEEL WARE RATING APPLIES TODAY, NECESSARILY IT WILL CONTINUE TO APPLY IF YOU MAKE THE CHANGE YOU HAVE IN MIND. WE THINK THE 20,000 POUND MINIMUM APPLICABLE TO SHEET IRON OR SHEET STEEL WARE IS TOO HIGH FOR THESE SHEET METAL BOMBS, BUT UNLESS YOU QUALIFY THE NEW CARLOAD RATINGS TO MAKE THEM APPLICABLE TO EMPTY SHEET METAL PRACTICE BOMBS OUR SHIPMENTS WILL REMAIN SUBJECT TO THE PRESENT RATING AND MINIMUM. * * * IT IS SUGGESTED THEREFORE THAT YOU MAKE AN APPROPRIATE QUALIFICATION OF THE NEW ITEM SO THAT IT WILL CLEARLY APPLY ON THE SHEET METAL PRACTICE BOMBS, AND MAKE THE RATING FOURTH CLASS AND THE MINIMUM 16,000 POUNDS. * * *

IN RESPONSE TO THE FOREGOING, THE OFFICIAL CLASSIFICATION COMMITTEE NOTIFIED THE COORDINATOR FOR TRAFFIC THAT---

* * * THIS SUBJECT HAS BEEN GIVEN CONSIDERATION BY THE CONSOLIDATED CLASSIFICATION COMMITTEE AND AS A RESULT OF THAT CONSIDERATION THE CARLOAD RATING FOR SHEET METAL PRACTICE BOMBS OR MINES WILL BE FIXED AT RULE 26 IN OFFICIAL TERRITORY AND FOURTH CLASS IN SOUTHERN AND WESTERN CLASSIFICATION TERRITORIES WITH CARLOAD MINIMUM WEIGHT OF 16,000 LBS., SUBJECT TO RULE 34. * * *

* * * THIS WILL MAKE THE CARLOAD RATINGS UNIFORM IN ALL THREE TERRITORIES, RULE 26 IN OFFICIAL TERRITORY BEING 55 PERCENT OF FIRST CLASS AND FOURTH CLASS IN THE SOUTHERN AND WESTERN CLASSIFICATION TERRITORIES ALSO BEING 55 PERCENT OF FIRST CLASS. THIS CHANGE WILL BE PUBLISHED IN SUPPLEMENT 3 TO CONSOLIDATED FREIGHT CLASSIFICATION NO. 7 (EFFECTIVE DECEMBER 15, 1932).

THE SHIPMENT HERE UNDER CONSIDERATION WAS MADE FEBRUARY 26, 1932. PRIOR TO THAT DATE THE CHAIRMAN OF THE OFFICIAL CLASSIFICATION COMMITTEE CLEARLY INDICATED (DEC. 22, 1931) TO THE RUSSAKOV CAN CO. THAT THE CLASSIFICATION RATING OF FIRST CLASS ANY QUANTITY FOR "PRACTICE BOMBS" WAS NOT APPLICABLE TO CARLOAD SHIPMENTS OF THE SO CALLED "PRACTICE BOMB, MARK VII (WATER- FILLED, 100-LB. DIMENSION).'

* * * IN VIEW OF THE FACT THAT THESE ARTICLES ARE SHIPPED EMPTY, AND HAVE TO BE FILLED WITH WATER BEFORE THEY CAN BE USED AS PRACTICE BOMBS * * *.

TO EMPHASIZE THE NONAPPLICATION OF THE CLASSIFICATION RATING FOR "PRACTICE BOMBS" TO THE ARTICLES UNDER CONSIDERATION THE CHAIRMAN'S LETTER STATES:

IT IS UNDERSTOOD THAT YOU WILL FILE AN APPLICATION FOR SPECIFIC PROVISION FOR THESE ARTICLES IN THE CLASSIFICATION.

IT IS TO BE NOTED THAT THIS INTERPRETATION OF THE ITEM RELATING TO "PRACTICE BOMBS" IN THE CLASSIFICATION WAS MADE BY ONE OF THE MEMBERS OF THE CONSOLIDATED CLASSIFICATION COMMITTEE BASED ON DATA SUBMITTED BY THE PROSPECTIVE SHIPPER OF THE ARTICLES IN QUESTION. MR. GREENLY'S TELEGRAM OF DECEMBER 30, 1931, TO THE COORDINATOR FOR TRAFFIC, AGAIN INDICATED THAT THE FORMER DID NOT INTERPRET THE "PRACTICE BOMBS" RATING IN THE CLASSIFICATION AS BEING APPLICABLE TO THE SO-CALLED ,EMPTY AERIAL PRACTICE BOMBS, MARK VII" OR ("SHEET-METAL EMPTY AERIAL PRACTICE BOMBS") FOR HE STATED THAT THEY WOULD BE SUBJECT TO THE SHEET IRON OR SHEET STEEL WARE, N.O.I.B.N. RATING ,PENDING ESTABLISHMENT SPECIFIC PROVISION IN THE CLASSIFICATION.' THE COORDINATOR FOR TRAFFIC ALSO DIFFERENTIATED BETWEEN "PRACTICE BOMBS," AS NOTED IN C.F.C. NO. 6, AND THE ARTICLES HERE CONCERNED AND WHEN HE WAS NOTIFIED AUGUST 12, 1932, THAT THE CONSOLIDATED CLASSIFICATION COMMITTEE HAD CONSIDERED HIS APPLICATION OF JANUARY 27, 1932 (PRIOR TO THE DATE OF THIS SHIPMENT) FOR A CHANGE IN THE CLASSIFICATION, DESCRIPTION, AND RATINGS FOR "PRACTICE BOMBS" AND IT WAS DECIDED THAT THE CARLOAD RATING SHOULD BE 3D CLASS FOR A MINIMUM WEIGHT OF 14,000 POUNDS, HE CALLED THE COMMITTEE'S ATTENTION TO THE FACT THAT THE CLASSIFICATION CHANGE WOULD -- MERELY ADD A CARLOAD RATING FOR PRACTICE BOMBS. * * * YOU HAVE RULED THAT THE EMPTY PRACTICE BOMBS MADE OF SHEET IRON OR STEEL ARE TODAY SUBJECT TO THE RATINGS FOR SHEET IRON OR SHEET STEEL WARE, N.O.I.B.N. * * * NECESSARILY IT WILL CONTINUE TO APPLY IF YOU MAKE THE CHANGE YOU HAVE IN MIND. * * * UNLESS YOU QUALIFY THE NEW CARLOAD RATINGS TO MAKE THEM APPLICABLE TO EMPTY SHEET METAL PRACTICE BOMBS OUR SHIPMENTS WILL REMAIN SUBJECT TO THE PRESENT RATING AND MINIMUM

THEREUPON, AFTER FURTHER CONSIDERATION THE CONSOLIDATED CLASSIFICATION COMMITTEE FIXED THE APPLICABLE RATINGS FOR EMPTY, SHEET IRON PRACTICE BOMBS IN CARLOADS AT 55 PERCENT OF 1ST CLASS, MINIMUM WEIGHT 16,000 POUNDS, OR RULE 26 IN OFFICIAL CLASSIFICATION AND 4TH CLASS IN SOUTHERN AND WESTERN CLASSIFICATIONS (SEE C.F.C. NO. 7, SUPPLEMENT 11, PAGE 10, ITEM 8, EFFECTIVE JAN. 30, 1933).

THUS IT WOULD APPEAR THAT NEITHER THE ANY QUANTITY RATING OF 1ST CLASS, AS FIRST PUBLISHED IN C.F.C. NO. 5, SUPPLEMENT 4, PAGE 26, ITEM 29, EFFECTIVE AS OF APRIL 30, 1928, FOR "PRACTICE MBS," IN BOXES, UNDER THE CAPTION "AMMUNITION, NOT EXPLOSIVE," NOR THE LIKE RATING, AS FIRST PUBLISHED IN C.F.C. NO. 6, SUPPLEMENT 24, PAGE 16, ITEM 20, EFFECTIVE AS OF JULY 6, 1931, FOR ,PRACTICE BOMBS" UNDER THE CAPTION "AMMUNITION, NOT EXPLOSIVE, INCENDIARY, GAS, SMOKE, NOR TEAR PRODUCING," CONTEMPLATED CARLOAD SHIPMENTS OF EMPTY, SHEET-STEEL "PRACTICE BOMBS MARK VII" REQUIRING FILLING WITH WATER BEFORE BEING USABLE FOR THE PURPOSE THEY WERE INTENDED TO SERVE.

AS HAS BEEN NOTED HEREIN THE MANUFACTURER, THE CHAIRMAN OF THE OFFICIAL CLASSIFICATION, AND THE COORDINATOR FOR TRAFFIC ALL APPEAR TO HAVE CONSIDERED THE PUBLISHED ANY QUANTITY RATING FOR ,PRACTICE BOMBS" INAPPLICABLE TO CARLOAD SHIPMENTS OF SUCH BOMBS AS ARE HERE IN QUESTION. THE CORRESPONDENCE BETWEEN THE COORDINATOR FOR TRAFFIC AND THE OFFICIAL CLASSIFICATION COMMITTEE, REFERRED TO HEREIN, AS WELL AS MR. GREENLY'S LETTER OF DECEMBER 22, 1931, WOULD APPEAR TO INDICATE THAT THIS TYPE OF PRACTICE BOMB WAS NOT CONSIDERED WHEN ITEM 20, PAGE 16, SUPPLEMENT 24, C.F.C. NO. 6, PROVIDING THE ANY QUANTITY RATING WAS PUBLISHED.

IN VIEW OF THE FOREGOING IT APPEARS THAT THE RATING FOR THE CARLOAD SHIPMENT COVERED BY BILL OF LADING E-833635, FEBRUARY 26, 1932, IS FOURTH CLASS, AS SHEET-IRON OR SHEET-STEEL WARE N.O.I.B.N.

AGENT GLENN'S I.C.C. A-704, IN EFFECT AT TIME OF SHIPMENT PUBLISHED A FOURTH-CLASS RATE OF $1.20 SUBJECT TO 2 CENTS EMERGENCY CHARGE, PER 100 POUNDS, FROM ORIGIN TO DESTINATION, APPLICABLE VIA THE LOUISVILLE AND NASHVILLE RAILROAD TO RIVER JUNCTION, FLA., SEABOARD AIR LINE TO RICHMOND, VA., THENCE CHESAPEAKE AND OHIO RAILWAY TO DESTINATION. THE REVENUE IS FIRST DIVIDED OVER RICHMOND, VA., ON THE BASIS OF CLASS RATES IN EFFECT JANUARY 14, 1928, NAMELY $1.25 1/2 AND 27 CENTS PUBLISHED IN AGENT EMERSON'S TARIFF I.C.C. 112, AND CHESAPEAKE AND OHIO RAILWAY TARIFF I.C.C. 10448, WHICH ALLOWS THE LINES SOUTH OF RICHMOND 82.3 PERCENT AND NORTH THEREOF, 17.7 PERCENT. THE PROPORTION SOUTH OF RICHMOND IS SUBDIVIDED OVER RIVER JUNCTION, ALLOWING THE LOUISVILLE AND NASHVILLE RAILROAD 24 PERCENT AND THE SEABOARD AIR LINE RAILWAY 76 PERCENT, PER LOUISVILLE AND NASHVILLE RAILROAD PERCENTAGE SHEET NO. 27-A.

THE NET CHARGES ARE COMPUTED: 26,800 POUNDS TIMES $1.22 ($1.20 PLUS $0.02) PER 100 POUNDS OR $326.96 GROSS. DIVIDE:

CHART TO--- RIVER JUNCTION --- $64.58 LESS 50 PERCENT LAND-GRANT DEDUCTION --- $32.29 RICHMOND --------- 204.51 LESS 13.409 PERCENT LAND GRANT DEDUCTION 177.09 LEE HALL --------- 57.87 NET ------------------ --- -------------- 57.87 C. AND O. SWITCH - 3.60 NET ----------------- ------- ----------- 3.60 EMERGENCY CHARGE

ON SWITCH ------- .36 NET ------------------------------------ .36

330.92 271.21 PAID BY VOUCHER 1137, JUNE 8, 1932 (REBENTISCH) ----------- ---- -- 276.57

DUE THE UNITED STATES -------------------------------------- 5.36

UNLESS THE AMOUNT IS PROMPTLY REFUNDED, THE SUM OF $5.36 WILL BE DEDUCTED FROM AN AMOUNT OTHERWISE DUE THE CARRIER.