B-144538, JUL. 28, 1961

B-144538, JUL. 28, 1961

TO MCLEOD TRUCKING SERVICE:

WE HAVE CONSIDERED YOUR REQUEST, IN YOUR LETTER OF NOVEMBER 25, 1960, FOR REVIEW OF THE SETTLEMENT CERTIFICATE DATED NOVEMBER 1, 1960, IN CLAIM TK- 697286, WHICH DISALLOWED YOUR CLAIM, BY SUPPLEMENTAL BILL NO. 134-A, FOR $32 IN ADDITION TO THE CHARGES PAID IN CONNECTION WITH BILL OF LADING NO. WY-6574415. WE FIND THAT THE SETTLEMENT WAS PROPER AND THAT $15.79 REMAINS OVERPAID ON THIS BILL OF LADING.

BILL OF LADING NO. WY-6574415, DATED SEPTEMBER 30, 1955, COVERED THE TRANSPORTATION OF SEVEN PALLETS OF "JET THRUST UNITS--- CLASS B (ROCKET MOTORS) JATO, MK 2, MOD 3 (14.0-AS-1000)," WEIGHING 16,730 POUNDS, AND 10 BOXES OF CANNON PRIMERS (IGNITERS FOR THE JATO UNITS), WEIGHING 150 POUNDS, FROM HERLONG, CALIFORNIA, TO THE NORTON AIR FORCE BASE, SAN BERNARDINO, CALIFORNIA. THE BILL OF LADING WAS MARKED TO SHOW THAT "DANGEROUS" PLACARDS HAD BEEN APPLIED TO THE SHIPMENT. FOR THIS SERVICE YOU COLLECTED CHARGES OF $328, COMPUTED AT A FIRST CLASS RATE OF $1.64 APPLIED TO A MINIMUM WEIGHT OF 20,000 POUNDS, ON YOUR BILL NO. 134, WHICH WAS PAID ON VOUCHER NO. 144656 IN THE OCTOBER 1955 ACCOUNTS OF ARMY DISBURSING OFFICER S. GADDIS. WHEN THIS BILL WAS REACHED FOR POST-PAYMENT AUDIT HERE THE PROPER CHARGES WERE CONSIDERED TO BE $296, SINCE JET THRUST UNITS, CLASS B, (ROCKET MOTORS) ARE RATABLE AT CLASS 2 UNDER ITEM 1835-A, SUPPLEMENT 40, CONSOLIDATED FREIGHT CLASSIFICATION NO. 20 (WESTERN CLASSIFICATION NO. 75) WHICH GOVERNS YOUR SECTION 22 QUOTATION NO. 1. QUOTATION NO. 1 PROVIDES A SECOND CLASS RATE OF $1.48 PER 100 POUNDS SUBJECT TO A MINIMUM WEIGHT OF 20,000 POUNDS. YOU WERE REQUESTED TO REFUND THE OVERCHARGE OF $32; WHEN YOU FAILED TO DO SO, IT WAS COLLECTED BY DEDUCTION. TO RECOVER THIS DEDUCTION, YOU SUBMITTED YOUR SUPPLEMENTAL BILL NO. 134-A, WHICH WAS DISALLOWED IN THE SETTLEMENT CERTIFICATE IN WHICH IT WAS INDICATED THAT THE PROPER CHARGES SHOULD HAVE BEEN $280.21, COMPUTED ON THE BASIS OF A SECOND CLASS RATE OF $1.66 PER 100 POUNDS, APPLIED TO THE ACTUAL WEIGHT OF 16,880 POUNDS, AS AUTHORIZED BY QUOTATION NO. 1. YOU WERE ASKED TO REFUND AN ADDITIONAL OVERCHARGE OF $15.79; INSTEAD, YOU REQUESTED REVIEW OF THE SETTLEMENT, CITING IN SUPPORT THE ARGUMENTS ADVANCED IN YOUR LETTER OF NOVEMBER 12, 1960, RELATIVE TO YOUR BILL NO. 116.

YOUR LETTER OF NOVEMBER 12, 1960, DEALT PRIMARILY WITH YOUR VIEWS AS TO THE PROPER CLASSIFICATION OF JET THRUST UNITS, CLASS A, FOR WHICH TRANSPORTATION CHARGES HAD BEEN PAID ON YOUR BILL NO. 116; THE CLASSIFICATION OF JET THRUST UNITS, CLASS B, WAS MENTIONED IN PASSING. SINCE THE RATING USED IN OUR AUDIT IS PROVIDED IN ITEM 1835-A, SUPPLEMENT 40, CONSOLIDATED FREIGHT CLASSIFICATION NO. 20, TO APPLY TO "CARTRIDGES, CANNON, BLANK OR ROCKET PROPELLING UNITS (ROCKET MOTORS)," YOUR REQUEST FOR REVIEW RAISES THE QUESTION WHETHER "JET THRUST UNITS--- CLASS B (ROCKET MOTORS) JATO" ARE "ROCKET PROPELLING UNITS (ROCKET MOTORS)" WITHIN THE CLASSIFICATION DESCRIPTION.

A ROCKET MOTOR IS DEFINED IN DEPARTMENT OF THE ARMY TECHNICAL MANUAL, TM 9-1950, EFFECTIVE JULY 1950, AS:

"* * * THAT COMPONENT WHICH PROPELS THE ROCKET AND IS ASSEMBLED TO THE REAR OF THE HEAD. IT CONSISTS OF A STEEL TUBE WHICH IS CLOSED AT THE FORWARD END BY ITS ATTACHMENT TO THE HEAD. IN SOME TYPES, THE TUBE IS CONSTRICTED AT THE REAR END TO FORM THE THROAT OF A SINGLE NOZZLE. OTHER TYPES, THERE ARE SEVERAL NOZZLES LOCATED IN THE BASE. THE MOTOR CONTAINS THE PROPELLING CHARGE, THE PROPELLING CHARGE SUPPORT, AND THE IGNITER * * *.'

THE TERM "JATO," REPORTS DEPARTMENT OF THE ARMY TECHNICAL MANUAL TM 9- 1955, EFFECTIVE SEPTEMBER 1955:

"* * * DESIGNATES A DEVICE * * * SIMILAR TO A ROCKET MOTOR, THAT PRODUCES A THRUST OF LIMITED DURATION. IT CONSISTS ESSENTIALLY OF A COMBUSTION CHAMBER (BODY) THAT CONTAINS A PROPELLANT, MEANS FOR IGNITION, AND ONE OR MORE NOZZLES TO CONTROL THE ESCAPE OF THE PRODUCTS OF COMBUSTION PRODUCED WHEN THE PROPELLANT BURNS. THE THRUST RESULTS FROM THE REACTION OF THE PRODUCTS OF COMBUSTION BEING ACCELERATED TO A VERY HIGH VELOCITY IN THE NOZZLE (NOZZLES) AND CONTINUES UNTIL THE PROPELLANT IS CONSUMED * * *.'

AND THE ENCYCLOPEDIA BRITANNICA, 1952 EDITION, VOLUME 19, OBSERVES THAT AN "OBVIOUS APPLICATION IS THE USE OF ROCKET MOTORS TO BOOST THE SPEED OF AIRCRAFT FOR SHORT PERIODS AND, IF DESIRED, THE SPENT ROCKET CAN BE JETTISONED AFTER USE," (PAGE 367D). THE IMPORT OF THE DESIGNATION AS "CLASS A" OR "CLASS B" IS THE CHARACTERIZATION OF THE ROCKET MOTORS ACCORDING TO THE DEGREE OF POTENTIAL HAZARD INHERENT THEREIN IN TERMS OF THE INTERSTATE COMMERCE COMMISSION'S REGULATIONS FOR THE TRANSPORTATION OF EXPLOSIVES AND OTHERWISE DANGEROUS ARTICLES. JET THRUST UNITS, CLASS B--- WHICH REQUIRE ONLY "DANGEROUS" PLACARDING, AS ON BILL OF LADING NO. WY- 6574415--- ARE DEFINED IN THE EXPLOSIVE REGULATIONS, 12 F.R. 2921, AS FOLLOWS:

"JET THRUST UNITS (JATO), CLASS B, ARE METAL CYLINDERS CONTAINING A MIXTURE OF CHEMICALS CAPABLE OF BURNING RAPIDLY AND PRODUCING CONSIDERABLE PRESSURE. JET THRUST UNITS ARE DESIGNED TO BE IGNITED BY AN ELECTRIC IGNITER. THEY ARE USED TO ASSIST AEROPLANES TO TAKE OFF.'

FROM THE FOREGOING, IT IS CLEAR THAT THE SHIPMENT TRANSPORTED UNDER BILL OF LADING NO. WY-6574415 CONSISTED OF "ROCKET MOTORS" WITHIN THE MEANING OF ITEM 1835-A, SUPPLEMENT 40, CONSOLIDATED FREIGHT CLASSIFICATION NO. 20. OUR SETTLEMENT IN CLAIM TK-697286, BASED UPON THIS CONCLUSION, WAS CORRECT AND IS SUSTAINED. THE OUTSTANDING OVERCHARGE OF $15.79 SHOULD BE REFUNDED PROMPTLY TO AVOID THE NECESSITY OF COLLECTION BY DEDUCTION.