B-120679, OCTOBER 25, 1954, 34 COMP. GEN. 197

B-120679: Oct 25, 1954

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SHIPS HIS HOUSEHOLD EFFECTS ON A PRIVATE BARGE IS NOT ENTITLED TO THE ADDITIONAL ALLOWANCE PRESCRIBED BY EXECUTIVE ORDER NO. 9805. 954: REFERENCE IS MADE TO YOUR LETTER OF JULY 6 AND SEPTEMBER 13. WAS TRANSFERRED IN FEBRUARY 1954 FROM THE SABINE NATIONAL WILDLIFE REFUGE. WHICH IS LOCATED IN THE MISSISSIPPI DELTA AND ACCESSIBLE ONLY BY WATER TRANSPORTATION. YOU STATE THAT " THE DELTA NATIONAL WILDLIFE REFUGE HEADQUARTERS ARE LOCATED ON AN AREA OF THE MISSISSIPPI DELTA WHICH IS BOUND ON THE WEST BY THE MISSISSIPPI RIVER ON THE EAST BY THE GULF OF MEXICO AND ON THE NORTH AND SOUTH BY BRANCHES OF THE RIVER LEADING INTO THE GULF.'. THE MOVEMENT OF THE EMPLOYEE'S HOUSEHOLD GOODS AND PERSONAL EFFECTS FROM THE OLD TO THE NEW STATION WAS AUTHORIZED AT GOVERNMENT EXPENSE.

B-120679, OCTOBER 25, 1954, 34 COMP. GEN. 197

TRANSPORTATION - HOUSEHOLD EFFECTS - ISLAND SHIPMENTS - ADDITIONAL ALLOWANCES AN EMPLOYEE WHO, INCIDENT TO A TRANSFER TO A WILDLIFE REFUGE LOCATED IN THE MISSISSIPPI DELTA AND ACCESSIBLE ONLY BY WATER TRANSPORTATION, SHIPS HIS HOUSEHOLD EFFECTS ON A PRIVATE BARGE IS NOT ENTITLED TO THE ADDITIONAL ALLOWANCE PRESCRIBED BY EXECUTIVE ORDER NO. 9805, AS AMENDED BY EXECUTIVE ORDER NO. 10507, FOR ISLAND SHIPMENTS BY COMMON CARRIER.

ACTING COMPTROLLER GENERAL WEITZEL TO W. E. CORBIN, DEPARTMENT OF THE INTERIOR, OCTOBER 25, 954:

REFERENCE IS MADE TO YOUR LETTER OF JULY 6 AND SEPTEMBER 13, 1954, RELATIVE TO THE ENTITLEMENT OF EACH OF THE PAYEES OF TWO SUBMITTED VOUCHERS, EMPLOYEES OF THE FISH AND WILDLIFE SERVICE, TO THE ADDITIONAL ALLOWANCES PRESCRIBED BY EXECUTIVE ORDER NO. 9805, AS AMENDED BY EXECUTIVE ORDER NO. 10507, FOR THE MOVEMENT OF HOUSEHOLD EFFECTS TO OR FROM AN ISLAND OF A COASTAL STATE INCIDENT TO A CHANGE OF STATION.

WILLIAM H. JULIAN, JR., THE PAYEE OF ONE OF THE VOUCHERS, WAS TRANSFERRED IN FEBRUARY 1954 FROM THE SABINE NATIONAL WILDLIFE REFUGE, SULPHUR, LOUISIANA, TO THE DELTA NATIONAL WILDLIFE REFUGE, PILOTTOWN, LOUISIANA, WHICH IS LOCATED IN THE MISSISSIPPI DELTA AND ACCESSIBLE ONLY BY WATER TRANSPORTATION. YOU STATE THAT " THE DELTA NATIONAL WILDLIFE REFUGE HEADQUARTERS ARE LOCATED ON AN AREA OF THE MISSISSIPPI DELTA WHICH IS BOUND ON THE WEST BY THE MISSISSIPPI RIVER ON THE EAST BY THE GULF OF MEXICO AND ON THE NORTH AND SOUTH BY BRANCHES OF THE RIVER LEADING INTO THE GULF.' BY TRAVEL ORDER DATED FEBRUARY 12, 1954, ISSUED INCIDENT TO THE CHANGE OF OFFICIAL STATION, THE MOVEMENT OF THE EMPLOYEE'S HOUSEHOLD GOODS AND PERSONAL EFFECTS FROM THE OLD TO THE NEW STATION WAS AUTHORIZED AT GOVERNMENT EXPENSE. MR. JULIAN EFFECTED THE MOVEMENT OF HIS HOUSEHOLD EFFECTS FROM HACKBERRY TO VENICE, LOUISIANA, BY MOTOR CARRIER AT THE COST OF $208.07, AND FROM VENICE TO PILOTTOWN BY THE HIRE OF AN OIL FIELD TUG AND OPEN-DECKED BARGE OF THE CALIFORNIA COMPANY AT THE COST OF $122.20. UNDER EXECUTIVE ORDER NO. 9805, AS AMENDED, HE CLAIMS FOR THE MOVEMENT OF HIS HOUSEHOLD EFFECTS TO VENICE $287.04 AS THE STANDARD COMMUTED ALLOWANCE, AND $240 AS AN ADDITIONAL ALLOWANCE FOR THE WATER TRANSPORTATION INVOLVED.

THE CASE OF THE PAYEE OF THE SECOND VOUCHER, CLAUDE F. LARD, IS ESSENTIALLY THE SAME AS THAT OF MR. JULIAN EXCEPT THAT THERE IS INVOLVED A TRANSFER AND TRANSPORTATION OF HOUSEHOLD EFFECTS FROM THE DELTA NATIONAL WILDLIFE REFUGE. MR. LARD EFFECTED THE MOVEMENT OF HIS HOUSEHOLD EFFECTS FROM PILOTTOWN TO VENICE BY BARGE AND TUG OF THE CALIFORNIA COMPANY AND THENCE BY MOTOR CARRIER TO HIS NEW OFFICIAL STATION.

THE QUESTION IN BOTH CASES IS AS TO THE ENTITLEMENT OF THE EMPLOYEE TO RECEIVE, IN ADDITIONAL TO THE STANDARD COMMUTED ALLOWANCE PROVIDED BY EXECUTIVE ORDER NO. 9805 FOR EXPENSES OF TRANSPORTATION, PACKING, CRATING, DRAYAGE AND UNPACKING OF HOUSEHOLD GOODS AND PERSONAL EFFECTS, THE ADDITIONAL ALLOWANCE PRESCRIBED IN THE BELOW QUOTED PROVISIONS OF SCHEDULE A OF THE EXECUTIVE ORDER.

ADDITIONAL ALLOWANCES

ISLAND SHIPMENTS. TO THE AMOUNT OF REIMBURSEMENT COMPUTED FROM THE FOREGOING TABLE ADD (A) $3.50 PER HUNDRED POUNDS FOR EACH SHIPMENT BY COMMON CARRIER HAVING MARTHA'S VINEYARD, MASSACHUSETTS, AS ITS ORIGIN OR DESTINATION, OR (B) $5.00 PER HUNDRED POUNDS FOR EACH SHIPMENT BY COMMON CARRIER HAVING ITS ORIGIN OR DESTINATION ON ANY OTHER ISLAND OF ONE OF THE COASTAL STATES THAT CAN BE REACHED BY MOTOR CARRIER TRANSPORTATION ONLY BY USE OF FERRY OR SHIP.

UNLIKE THE STANDARD ALLOWANCE FOR THE TRANSPORTATION OF HOUSEHOLD EFFECTS PROVIDED BY THE EXECUTIVE ORDER, THE ADDITIONAL ALLOWANCE PRESCRIBED IN (B) ABOVE, IS LIMITED IN APPLICATION TO SHIPMENTS BY "COMMON CARRIER," AND THOSE SHIPMENTS HAVING THEIR ORIGIN OR DESTINATION ON "ANY OTHER ISLAND" OF A COASTAL STATE. THE CALIFORNIA COMPANY IS NOT UNDERSTOOD TO REGULARLY ENGAGE IN THE PRACTICE OF FURNISHING FOR HIRE THE USE OF ITS MARINE EQUIPMENT, OR OF REGULARLY ENGAGING IN FREIGHT SERVICE BETWEEN PILOTTOWN AND VENICE. THE SERVICE RENDERED THE EMPLOYEES WAS NOT A PART OF ITS REGULAR OPERATION. AT MOST, THE CALIFORNIA COMPANY MAY BE STATED TO HAVE ACTED IN THESE INSTANCES AS A PRIVATE CARRIER. THE WILDENFELS, 161 FED. REP. 864. THUS, WHILE THE LAND TRANSPORTATION IN THE PRESENT CASES WAS EFFECTED BY COMMON CARRIER, THE WATER TRANSPORTATION WAS NOT. MOREOVER, THE WORDS "ANY OTHER ISLAND" APPARENTLY CONTEMPLATED AN ISLAND SIMILAR TO MARTHA'S VINEYARD, THAT IS, ONE DISTINCTLY OFF THE COAST AND NOT A PART OF THE MAINLAND. CONSEQUENTLY, THE SITUATION PRESENTED IS NOT VIEWED AS WITHIN THE PURVIEW OF THE ADDITIONAL ALLOWANCE PROVISIONS.

YOU ARE ADVISED THAT THE PAYEES OF THE SUBMITTED VOUCHERS ARE NOT ENTITLED TO THE ADDITIONAL ALLOWANCE CLAIMED FOR THE MOVEMENT OF THEIR HOUSEHOLD EFFECTS, AND THAT REIMBURSEMENT THEREFOR IS LIMITED TO THE STANDARD COMMUTED ALLOWANCE PRESCRIBED BY SECTION 12 (A) OF EXECUTIVE ORDER NO. 9805, AS AMENDED. 32 COMP. GEN. 440.

THE VOUCHERS ARE RETURNED FOR DISPOSITION IN ACCORDANCE WITH THE FOREGOING.