B-119842, JUL 7, 1954

B-119842: Jul 7, 1954

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WELFARE: REFERENCE IS MADE TO YOUR LETTERS OF APRIL 5. YOUR LETTERS OUTLINE THE DIFFICULTIES THAT ARE ANTICIPATED IN ARRANGING FOR THE MOVEMENT OF HOUSEHOLD EFFECTS BEYOND THE PORT OF CALCUTTA. IT APPEARING THAT MOVEMENT OVERLAND BEYOND THAT POINT WOULD HAVE TO BE ACCOMPLISHED BY RAIL TO AMELKANGY AND SAFARI BEYOND. THERE WAS FURNISHED WITH THE ABOVE LETTER OF JUNE 18. WHICH INDICATES THAT BECAUSE OF PRESENT RESTRICTIONS IMPOSED BY THE GOVERNMENT OF INDIA SHIPMENT BY AIR IN THIS CASE IS PRECLUDED FOR THE TIME BEING. APPARENTLY WAS THE ONLY ROUTE AVAILABLE. IT IS NOTED. ARE CONCERNED. "WHICH IN HIS JUDGMENT WILL SERVE THE BEST FORESEEABLE INTEREST OF THE GOVERNMENT AND THE OWNER OF THE PROPERTY" AND PARAGRAPH (B) OF THE SAME SECTION PROVIDES THAT THE "SELECTION BY THE SHIPPING OFFICER OF THE APPROPRIATE MEANS OF TRANSPORTATION ESTABLISHES THE METHOD OF SHIPMENT AUTHORIZED AT GOVERNMENT EXPENSE.".

B-119842, JUL 7, 1954

PRECIS-UNAVAILABLE

MR. F. N. HEARN, DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE:

REFERENCE IS MADE TO YOUR LETTERS OF APRIL 5, 1954, FILE DFFTA, AND JUNE 18, 1954, CONCERNING THE METHOD OF SHIPMENT OF THE HOUSEHOLD EFFECTS OF MISS MARGARET M. WHALEN, A NURSE, WHO HAS BEEN RECRUITED BY THE DIVISION OF INTERNATIONAL HEALTH FOR ASSIGNMENT TO DUTY WITH THE FOREIGN OPERATIONS ADMINISTRATION AT KATHMANDU, NEPAL.

YOUR LETTERS OUTLINE THE DIFFICULTIES THAT ARE ANTICIPATED IN ARRANGING FOR THE MOVEMENT OF HOUSEHOLD EFFECTS BEYOND THE PORT OF CALCUTTA, INDIA, IT APPEARING THAT MOVEMENT OVERLAND BEYOND THAT POINT WOULD HAVE TO BE ACCOMPLISHED BY RAIL TO AMELKANGY AND SAFARI BEYOND. YOU RAISE THE QUESTION WHETHER IT WOULD BE PROPER TO USE AIR FREIGHT SERVICE BEYOND CALCUTTA.

INFORMATION CONCERNING THE ORDERS AUTHORIZING THE TRAVEL AND SHIPMENT OF THE HOUSEHOLD GOODS HERE INVOLVED HAS NOT BEEN FURNISHED, NOR HAS ANY REFERENCE BEEN MADE TO ANY PARTICULAR TRAVEL REGULATIONS WHICH WOULD ENABLE A PROPER DETERMINATION OF THE SPECIFIC QUESTION PRESENTED. THERE WAS FURNISHED WITH THE ABOVE LETTER OF JUNE 18, 1954, A COPY OF A LETTER DATED APRIL 23, 1954, FROM THE AMERICAN VICE CONSUL AT CALCUTTA, INDIA, WHICH INDICATES THAT BECAUSE OF PRESENT RESTRICTIONS IMPOSED BY THE GOVERNMENT OF INDIA SHIPMENT BY AIR IN THIS CASE IS PRECLUDED FOR THE TIME BEING. THE AMERICAN VICE CONSUL SUGGESTS THAT MISS WHALEN TAKE SUFFICIENT EXCESS BAGGAGE TO SATISFY HER NEEDS UNTIL HER EFFECTS ARRIVED AT KATHMANDU BY THE OVERLAND ROUTE, WHICH, IN APRIL 1954, APPARENTLY WAS THE ONLY ROUTE AVAILABLE. THERE WOULD BE NO OCCASION TO CONSIDER THE PROPRIETY OF THE AIR ROUTE UNLESS THE GOVERNMENT OF INDIA REMOVED ITS PROHIBITION AGAINST AIR SHIPMENT. IT IS NOTED, HOWEVER, THAT SO FAR AS THE JOINT TRAVEL REGULATIONS FOR THE UNIFORMED SERVICES, INCLUDING THE PUBLIC HEALTH SERVICE, ARE CONCERNED, SECTION 8052(2)(A) OF THOSE REGULATIONS AUTHORIZES THE SHIPPING OFFICER TO SELECT THE METHOD OF SHIPMENT, INCLUDING AIR CARRIER, "WHICH IN HIS JUDGMENT WILL SERVE THE BEST FORESEEABLE INTEREST OF THE GOVERNMENT AND THE OWNER OF THE PROPERTY" AND PARAGRAPH (B) OF THE SAME SECTION PROVIDES THAT THE "SELECTION BY THE SHIPPING OFFICER OF THE APPROPRIATE MEANS OF TRANSPORTATION ESTABLISHES THE METHOD OF SHIPMENT AUTHORIZED AT GOVERNMENT EXPENSE."

UNDER SUCH PROVISIONS IT WOULD APPEAR THAT GENERALLY THE QUESTION RELATIVE TO THE METHOD OF SHIPMENT TO BE USED IS PRIMARILY FOR DETERMINATION BY THE ADMINISTRATIVE OFFICE.