B-141694, NOV. 15, 1960
Highlights
TO ILLINOIS CENTRAL RAILROAD: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 26. MORTAR IS A SMOOTH-BORE CANNON USED PRIMARILY IN MISSIONS WHERE HIGH ANGLES OF FIRE ARE NEEDED. THE AMMUNITION IS ISSUED IN THE FORM OF FUSED COMPLETE ROUNDS. THE INTERSTATE COMMERCE COMMISSION HELD THAT THE CARTRIDGE RATE IN QUESTION WAS APPLICABLE TO BOTH FIXED AND SEMI FIXED AMMUNITION. MORTAR AMMUNITION IS CLASSIFIED AS SEMI-FIXED. IT IS APPARENT IT WOULD COME WITHIN THE PURVIEW OF THE TRANS-CONTINENTAL RATE ITEM APPLICABLE ON "CARTRIDGES LOADED.'. SINCE YOU CONCEDE THAT A MORTAR IS A CANNON. IT MUST FOLLOW THAT THE AMMUNITION USED IS PROPERLY DESCRIBED AS SEMI-FIXED CANNON AMMUNITION. BRINGING THE AMMUNITION SQUARELY WITHIN THE SCOPE OF THE CITED DECISION OF THE INTERSTATE COMMERCE COMMISSION THAT THE CARTRIDGE RATE IN QUESTION WAS APPLICABLE TO AMMUNITION OF THIS TYPE.
B-141694, NOV. 15, 1960
TO ILLINOIS CENTRAL RAILROAD:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 26, 1960, FILE G WQ- 45941-BG, IN WHICH YOU REQUEST RECONSIDERATION OF OUR DECISION OF JULY 20, 1960, B-141694, REGARDING THE PROPER CLASSIFICATION FOR FREIGHT RATE PURPOSES OF 60 MM. MORTAR SHELLS.
THE 60 MM. MORTAR IS A SMOOTH-BORE CANNON USED PRIMARILY IN MISSIONS WHERE HIGH ANGLES OF FIRE ARE NEEDED. THE AMMUNITION FOR THE 60 MM. MORTAR FALLS WITHIN THE CLASS OF SEMI-FIXED AMMUNITION. THE AMMUNITION IS ISSUED IN THE FORM OF FUSED COMPLETE ROUNDS. THE COMPLETE ROUND CONSISTS OF A FUSED PROJECTILE WITH A FIN ASSEMBLY AN ADJUSTABLE PROPELLING CHARGE, AND AN IGNITION CARTRIDGE WITH A PERCUSSION PRIMER. IN GULF, MOBILE AND OHIO RAILROAD COMPANY V. UNITED STATES, 305 I.C.C. 583, THE INTERSTATE COMMERCE COMMISSION HELD THAT THE CARTRIDGE RATE IN QUESTION WAS APPLICABLE TO BOTH FIXED AND SEMI FIXED AMMUNITION. SINCE THE 60 MM. MORTAR AMMUNITION IS CLASSIFIED AS SEMI-FIXED, IT IS APPARENT IT WOULD COME WITHIN THE PURVIEW OF THE TRANS-CONTINENTAL RATE ITEM APPLICABLE ON "CARTRIDGES LOADED.' MOREOVER, SINCE YOU CONCEDE THAT A MORTAR IS A CANNON, IT MUST FOLLOW THAT THE AMMUNITION USED IS PROPERLY DESCRIBED AS SEMI-FIXED CANNON AMMUNITION, BRINGING THE AMMUNITION SQUARELY WITHIN THE SCOPE OF THE CITED DECISION OF THE INTERSTATE COMMERCE COMMISSION THAT THE CARTRIDGE RATE IN QUESTION WAS APPLICABLE TO AMMUNITION OF THIS TYPE.
SINCE YOU HAVE FAILED TO PRODUCE ANY EVIDENCE OR AUTHORITIES WHICH HAVE NOT HERETOFORE BEEN CONSIDERED, AND SINCE THERE DOES NOT APPEAR TO BE ANY JUSTIFICATION FOR REVERSING THE CONCLUSIONS ..END :