B-122523, APR 8, 1955

B-122523: Apr 8, 1955

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DEPARTMENT OF AGRICULTURE: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 17. MARTIN WAS AUTHORIZED TO TRAVEL FROM TUCSON. REIMBURSEMENT WAS CLAIMED UPON THE BASIS OF THE MINIMUM WEIGHT ALLOWANCE (3. 1953 - WAS MADE BETWEEN THE POINTS INVOLVED BY MCGEE TRANSFER. IT IS UNDERSTOOD THAT IT HAS BEEN VERIFIED THAT THE MINIMUM WEIGHT ALLOWANCE CHARGEABLE UNDER ITS INTRASTATE TARIFF BY THE CARRIER WAS 3. 500 POUNDS AND THAT THE SHORT-LINE HIGHWAY DISTANCE BETWEEN TUCSON AND FLAGSTAFF IS 340 MILES. IT IS STATED THAT THE CLAIMANT WAS ADMINISTRATIVELY INFORMED THAT SHE WOULD BE REIMBURSED TO THE EXTENT OF THE MINIMUM WEIGHT TARIFF REQUIREMENT. THAT DETERMINATION WAS IN ACCORD WITH THE PROVISION IN EXECUTIVE ORDER NO. 10196.

B-122523, APR 8, 1955

PRECIS-UNAVAILABLE

BAXTER REED, DEPARTMENT OF AGRICULTURE:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 17, 1954, FILE A DISBURSEMENT, R-2, TRANSMITTING FOR ADVANCE DECISION A RECLAIM VOUCHER STATED IN FAVOR OF FLORENCE C. MARTIN, IN THE AMOUNT OF $76.58, REPRESENTING AN ADDITIONAL SUM FOR THE TRANSPORTATION OF HER HOUSEHOLD GOODS AND PERSONAL EFFECTS TO HER NEW DUTY STATION.

BY TRAVEL AUTHORIZATION DATED OCTOBER 7, 1953, MRS. MARTIN WAS AUTHORIZED TO TRAVEL FROM TUCSON, ARIZONA, TO FLAGSTAFF, ARIZONA, ON OR ABOUT OCTOBER 9, 1953. THE AUTHORIZATION INCLUDED AUTHORITY FOR THE TRANSPORTATION OF HER HOUSEHOLD GOODS AND PERSONAL EFFECTS.

REIMBURSEMENT WAS CLAIMED UPON THE BASIS OF THE MINIMUM WEIGHT ALLOWANCE (3,500 POUNDS) CHARGEABLE UNDER ITS TARIFF BY THE CARRIER IN OCTOBER 1953, AND OF THE RATES CONTAINED IN SCHEDULE A ATTACHED TO AND MADE A PART OF EXECUTIVE ORDER NO. 9805, DATED NOVEMBER 25, 1946, AS AMENDED BY EXECUTIVE ORDER NO. 10274, DATED JULY 18, 1951. THE FACTS AS REPORTED DISCLOSE THAT SHIPMENT OF THE CLAIMANT'S GOODS AND EFFECTS 1,990 POUNDS ON OCTOBER 8, 1953 - WAS MADE BETWEEN THE POINTS INVOLVED BY MCGEE TRANSFER, INC., TUCSON, ARIZONA. THE CLAIMANT RECEIVED A PAYMENT OF ONLY $151.92 (1,999 POUNDS AT A RATE OF $7.60 PER HUNDRED WEIGHT). IT IS UNDERSTOOD THAT IT HAS BEEN VERIFIED THAT THE MINIMUM WEIGHT ALLOWANCE CHARGEABLE UNDER ITS INTRASTATE TARIFF BY THE CARRIER WAS 3,500 POUNDS AND THAT THE SHORT-LINE HIGHWAY DISTANCE BETWEEN TUCSON AND FLAGSTAFF IS 340 MILES.

IN THE SUPPORTING PAPERS WITH YOUR LETTER, IT IS STATED THAT THE CLAIMANT WAS ADMINISTRATIVELY INFORMED THAT SHE WOULD BE REIMBURSED TO THE EXTENT OF THE MINIMUM WEIGHT TARIFF REQUIREMENT. THAT DETERMINATION WAS IN ACCORD WITH THE PROVISION IN EXECUTIVE ORDER NO. 10196, DATED DECEMBER 20, 1950, AUTHORIZING REIMBURSEMENT TO THE EXTENT OF THE MINIMUM TARIFF REQUIREMENT IN ANY CASE WHEN THE WEIGHT OF THE EFFECTS IS LESS THAN THE MINIMUM WEIGHT ALLOWANCE CHARGEABLE UNDER APPLICABLE TARIFFS. YOUR DOUBT AS TO THE AMOUNT ALLOWABLE IN THIS CASE IS STATED TO ARISE FROM THE FACT THAT TRANSPORTATION OF THE GOODS AND EFFECTS WAS AUTHORIZED AND COMMENCED AFTER MAY 8, 1953, THE EFFECTIVE DATE OF EXECUTIVE ORDER NO. 10507, DATED DECEMBER 10, 1953. THAT EXECUTIVE ORDER CHANGED THE MINIMUM WEIGHT ALLOWANCE PROVISION SO AS TO CONFINE ITS APPLICATION TO THOSE CASES WHERE THE WEIGHT OF THE GOODS SHIPPED IS LESS THAN THE ONE-THOUSAND-POUND MINIMUM WEIGHT ALLOWANCE UNDER APPLICABLE TARIFFS.

UPON THE BASIS OF THE FACTS AS REPORTED, THE PAYMENT, IN NOVEMBER 1953, FOR THE SHIPMENT SHOULD HAVE BEEN MADE UPON THE BASIS OF MINIMUM WEIGHT ALLOWANCE CHARGEABLE UNDER THE CARRIER'S TARIFF AS PROVIDED BY SECTION 12(A) OF EXECUTIVE ORDER NO. 10196. CONCERNING THE RATE APPLICABLE TO THE SHIPMENT, SINCE EXECUTIVE ORDER NO. 10274 WAS IN EFFECT IN NOVEMBER 1953, THE RATE STIPULATED THEREIN APPLIED. THUS, IT APPEARS THAT $227.50 (3,500 POUNDS AT THE RATE OF $6.50 PER HUNDRED WEIGHT) SHOULD HAVE BEEN ALLOWED.

ACCORDINGLY, THE RECLAIM VOUCHER, WHICH IS RETURNED HEREWITH TOGETHER WITH SUPPORTING PAPERS, COVERING THE DIFFERENCE BETWEEN THE AMOUNT THE CLAIMANT WAS PAID AND THE AMOUNT AUTHORIZED BY EXECUTIVE ORDER NO. 9805, AS AMENDED BY EXECUTIVE ORDERS NO. 10196 AND NO. 10274, AS INDICATED ABOVE, MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.