B-139611, JUL. 25, 1960

B-139611, JUL. 25, 1960

TO WATSON BROS. TRANSPORTATION CO., INC.:

FURTHER REFERENCE IS MADE TO YOUR REQUEST FOR REVIEW OF OUR SETTLEMENT CERTIFICATE DATED APRIL 23, 1959, OUR CLAIM NO. TK-665759, WHICH DISALLOWED YOUR CLAIM FILED AS SUPPLEMENTAL BILL NO. 2579-A, FOR $600.75 ADDITIONAL CHARGES ALLEGEDLY DUE FOR THE TRANSPORTATION OF 22,500 POUNDS OF JET THRUST UNITS UNDER BILL OF LADING WY-7885993, IN APRIL 1958. THE PROPERTY WAS DESCRIBED IN THE COVERING BILL OF LADING AS "JET THRUST UNIT, CLASS A EXPLOSIVES (ROCKET MOTORS)" AND WAS TRANSPORTED FROM SOUTHPORT, NORTH CAROLINA, TO LINCOLN AIR FORCE BASE, NEBRASKA. FOR THIS SERVICE, YOU INITIALLY BILLED AND WERE PAID CHARGES BASED ON A CLASS 55 RATE OF 327 CENTS PER 100 POUNDS. YOUR CLAIM FOR ADDITIONAL CHARGES IS BASED ON A CLASS 100 RATE OF 594 CENTS PER 100 POUNDS.

IN YOUR REQUEST FOR REVIEW, YOU DIRECT OUR ATTENTION TO THE PUBLICATION, SUBSEQUENT TO THE MOVEMENT OF THE SHIPMENT IN QUESTION, OF ITEM 35515 IN SUPPLEMENT 16 TO THE GOVERNING NATIONAL MOTOR FREIGHT CLASSIFICATION, NO. A-4, EFFECTIVE FEBRUARY 5, 1959. THIS ITEM NAMES BOTH ROCKET MOTORS AND JET THRUST UNITS AND PROVIDES DIFFERENT RATINGS ACCORDING TO WHETHER SUCH UNITS ARE CLASSED AS CLASS A OR CLASS B EXPLOSIVES IN THE MOTOR CARRIERS' EXPLOSIVE AND DANGEROUS ARTICLES TARIFF. YOU STATE THAT THIS IS AN INDICATION THAT PRIOR TO THE EFFECTIVE DATE OF ITEM 35515, THE APPLICABLE RATING FOR THE JET THRUST UNITS HERE IN QUESTION IS THE CLASS 100 RATING APPLICABLE ON ROCKETS, NOI, PROVIDED IN ITEM 3830 OF THE GOVERNING MOTOR FREIGHT CLASSIFICATION AND IN EFFECT AT THE TIME THIS SHIPMENT MOVED.

THE ARTICLES HERE SHIPPED, JET THRUST UNITS, ARE A PARTICULAR TYPE OF ROCKET MOTOR WHICH, IN ADDITION TO THEIR USE AS A MAIN OR AUXILIARY BOOSTER FOR ROCKETS, CAN BE USED TO ASSIST THE TAKE OFF OF AIRPLANES BY PROVIDING TEMPORARY OR EMERGENCY POWER. THE CONSTRUCTION AND FUNCTION OF THE JET THRUST UNIT ARE ESSENTIALLY THE SAME AS THOSE OF OTHER TYPES OF ROCKET MOTORS. IN FACT, THE TERM "JET THRUST UNIT" REPORTEDLY IS NO LONGER IN USE IN THE DEPARTMENT OF DEFENSE, WHICH NOW PREFERS THE GENERIC DESIGNATION "ROCKET MOTOR" AS DESCRIPTIVE OF ALL TYPES OF JET PROPULSION UNITS POWERED BY SOLID PROPELLANT EXPLOSIVES.

DURING THE PERIOD FROM DECEMBER 28, 1954, TO FEBRUARY 5, 1959, WHEN ROCKET MOTORS WERE RATED AT CLASS 55 IN THE MOTOR FREIGHT CLASSIFICATION, JET THRUST UNITS AND OTHER TYPES OF ROCKET MOTORS WERE SEPARATELY DESCRIBED IN THE EXPLOSIVES AND OTHER DANGEROUS ARTICLES TARIFF AND WERE CLASSIFIED AS CLASS A EXPLOSIVES OR CLASS B EXPLOSIVES ACCORDING TO THE CHEMICAL CONTENT OF THE PARTICULAR TYPE OF UNIT. NO DISTINCTION OF THIS KIND WAS MADE, HOWEVER, IN THE GOVERNING MOTOR FREIGHT CLASSIFICATION, AS JET THRUST UNITS WERE NOT SPECIFICALLY NAMED THEREIN AND THE ROCKET MOTOR DESCRIPTION WAS UNLIMITED AS TO TYPE, CHEMICAL CONTENT, OR WHETHER CLASSIFIED A OR B IN THE EXPLOSIVES TARIFF. IN THESE CIRCUMSTANCES, IN COMPLIANCE WITH THE REQUIREMENTS OF SECTION 3 OF RULE 2 OF THE MOTOR FREIGHT CLASSIFICATION, IT WAS NECESSARY TO DESCRIBE THE UNITS HERE IN QUESTION, IN THE BILL OF LADING, AS "JET THRUST UNIT, CLASS A EXPLOSIVE"-- - THE DESCRIPTION IN TERMS OF THE EXPLOSIVES TARIFF--- AND AS "/ROCKET MOTORS)"--- THE DESCRIPTION IN TERMS OF THE TARIFF PUBLISHING THE APPLICABLE RATING.

AS EXPLAINED ABOVE, THE JET THRUST UNITS IN QUESTION WERE IN FACT ROCKET MOTORS AND WERE PROPERLY DESCRIBED IN THE BILL OF LADING IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 3 OF RULE 2 OF THE CLASSIFICATION. THE DESCRIPTION OF ROCKET MOTORS THEN IN EFFECT IN THE CLASSIFICATION WAS NOT LIMITED AS TO CLASS OR CHEMICAL CONTENT AND THE CLASS 55 RATING IN CONNECTION THEREWITH WAS APPARENTLY APPLICABLE TO ANY KIND OF ROCKET MOTOR, WHETHER CLASSIFIED A OR B IN THE EXPLOSIVES TARIFF.

IN THESE CIRCUMSTANCES, THE ALLOWANCE OF ADDITIONAL CHARGES BASED ON A CLASS 100 RATING APPLICABLE TO EXPLOSIVE ROCKETS WOULD NOT BE WARRANTED. THE SETTLEMENT WAS CONSISTENT WITH THIS CONCLUSION AND IT IS SUSTAINED.