B-123639, MAY 19, 1955, 34 COMP. GEN. 622

B-123639, MAY 19, 1955, 34 COMP. GEN. 622

TRANSPORTATION - HOUSEHOLD EFFECTS - COMMUTATION - MILEAGE GUIDE UNDER EXECUTIVE ORDER NO. 9805, WHICH PROVIDES FOR COMMUTATION OF EXPENSES FOR TRANSPORTATION OF HOUSEHOLD EFFECTS ON A PERMANENT CHANGE OF STATION, THE MILEAGE IS REQUIRED TO BE DETERMINED ON THE SHORT-LINE HIGHWAY DISTANCE IN ACCORDANCE WITH THE " HOUSEHOLD GOODS CARRIERS' BUREAU MILEAGE GUIDE NO. 4 MOTOR FREIGHT INTERSTATE COMMERCE COMMISSION NO. 27 OR SUCCESSIVE REISSUES.'

ASSISTANT COMPTROLLER GENERAL WEITZEL TO NAOMI E. STOKES, DEPARTMENT OF THE INTERIOR, MAY 19, 1955:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 15, 1955, REQUESTING OUR DECISION REGARDING THE PROPRIETY OF CERTIFYING FOR PAYMENT THE VOUCHER THEREWITH TRANSMITTED IN FAVOR OF MR. EMIL W. FELEGY FOR $73.23, REPRESENTING PER DIEM IN LIEU OF SUBSISTENCE AND TRAVELING EXPENSE ON ACCOUNT OF TRAVEL PERFORMED DURING THE PERIOD MARCH 1 TO MARCH 31, 1955. INCLUDED IN THE AMOUNT IS AN ITEM FOR $6.38 WHICH WAS ADMINISTRATIVELY SUSPENDED FROM A PRIOR VOUCHER FOR TRANSPORTATION OF HOUSEHOLD EFFECTS UPON PERMANENT CHANGE OF STATION BETWEEN SAN BERNARDINO, CALIFORNIA, AND SAN FRANCISCO, CALIFORNIA, AND IT IS WITH RESPECT TO THE PROPRIETY OF CERTIFYING THAT ITEM FOR PAYMENT THAT OUR DECISION IS REQUESTED.

IT APPEARS THAT UPON PERMANENT CHANGE OF STATION FROM SAN BERNARDINO TO SAN FRANCISCO THE CLAIMANT SHIPPED HIS HOUSEHOLD EFFECTS WEIGHING 5,800 POUNDS FROM SAN BERNARDINO TO WALNUT CREEK, CALIFORNIA. THE BASIS FOR THE ADMINISTRATIVE EXCEPTION IS SHOWN IN THE ADMINISTRATIVE AUDIT DIFFERENCE STATEMENT DATED FEBRUARY 4, 1955, AS FOLLOWS:

CLAIMED FOR SHIPMENT OF HOUSEHOLD GOODS 5,800 POUNDS AT

$6.91/CWT.------------------ $400.78

ALLOWED FOR SHIPMENT OF HOUSEHOLD GOODS 5,800 POUNDS AT

$6.80/CWT.------------------ $394.40

DIFFERENCE------------------------------------ 6.38

THE DIFFERENCE ARISES FROM THE FACT THAT IN SUBMITTING HIS CLAIM THE EMPLOYEE USED THE MILEAGE AS SHOWN IN THE DISTANCE TABLE NO. 4--- HIGHWAY CONSTRUCTION MILEAGE DISTANCES BETWEEN POINTS WITHIN THE STATE OF CALIFORNIA. HE WAS ALLOWED REIMBURSEMENT FOR TRANSPORTATION OF HIS HOUSEHOLD EFFECTS UPON A COMMUTED RATE PURSUANT TO EXECUTIVE ORDER NO. 10507 FOR THE DISTANCE SHOWN IN THE HOUSEHOLD GOODS CARRIERS' BUREAU MILEAGE GUIDE NO. 4.

YOUR DOUBT IN THE MATTER CONCERNS WHAT GUIDE SHOULD BE USED IN THE STATE OF CALIFORNIA AS A BASIS FOR COMPUTING MILEAGE FOR TRANSPORTATION OF HOUSEHOLD EFFECTS UPON PERMANENT CHANGE OF STATION.

EXECUTIVE ORDER NO. 9805, AS AMENDED, PROVIDES IN SECTION 12 (A) THAT, IN LIEU OF THE PAYMENT OF ACTUAL EXPENSES OF TRANSPORTATION, PACKING, CRATING, DRAYAGE, AND UNPACKING OF HOUSEHOLD GOODS, REIMBURSEMENT SHALL BE MADE TO THE EMPLOYEE UPON A COMMUTED BASIS, AT RATES PER 100 POUNDS AS FIXED BY ZONES IN AN ATTACHED SCHEDULE. SECTION 13, PARTICULARLY PERTINENT HERE, PROVIDES AS FOLLOWS:

SEC. 13. SCHEDULE OF RATES. THE SCHEDULE OF RATES IS PREDICATED ON ZONES CONSISTING OF MILEAGE BLOCKS. THE APPLICATION OF THE SCHEDULE WILL REQUIRE A DETERMINATION OF THE SHORT-LINE HIGHWAY DISTANCE BETWEEN THE POINTS WHICH MAY BE AUTHORIZED UNDER THESE REGULATIONS, AND IN ACCORDANCE WITH THE PROVISIONS OF THE HOUSEHOLD GOODS CARRIERS' BUREAU MILEAGE GUIDE NO. 4, MOTOR FREIGHT-1INTERSTATE COMMERCE COMMISSION NO. 27, OR SUCCESSIVE REISSUES THEREOF. IF THE RATE IS NOT SHOWN ON THE SCHEDULE FOR THE ACTUAL DISTANCE STATED IN SUCH MILEAGE GUIDE, THE RATE SHOWN FOR THE NEXT GREATER DISTANCE SHALL APPLY.

IT THUS CAN BE SEEN THAT THE REFERRED-TO EXECUTIVE ORDER PROVIDES FOR THE COMMUTATION OF EXPENSES FOR THE MOVEMENT OF HOUSEHOLD GOODS UPON A FORMULA INVOLVING THE USE OF THE "SHORT-LINE HIGHWAY DISTANCE.' SINCE THAT EXECUTIVE ORDER IS THE AUTHORITY FOR THE REIMBURSEMENT OF TRANSPORTATION OF HOUSEHOLD GOODS UPON A PERMANENT CHANGE OF STATION, THE TERMS THEREOF ARE CONTROLLING AND, THEREFORE, THE SHORT-LINE HIGHWAY DISTANCE IS REQUIRED TO BE DETERMINED IN ACCORDANCE WITH THE PROVISIONS OF THE " HOUSEHOLD GOODS CARRIERS' BUREAU MILEAGE GUIDE NO. 4, MOTOR FREIGHT INTERSTATE COMMERCE COMMISSION NO. 27, OR SUCCESSIVE REISSUES THEREOF.'

AS IT APPEARS FROM YOUR LETTER THAT THE ADMINISTRATIVE DETERMINATION OF THE MILEAGE BETWEEN THE TWO POINTS INVOLVED HERE WAS BASED UPON THE GUIDE PRESCRIBED IN SECTION 13 OF THE EXECUTIVE ORDER ABOVE QUOTED THE RECLAIMED ITEM IN QUESTION HERE MAY NOT BE CERTIFIED FOR PAYMENT.