B-123817, JUN. 10, 1955

B-123817: Jun 10, 1955

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DEPARTMENT OF THE INTERIOR: REFERENCE IS MADE TO YOUR LETTER OF APRIL 28. DIXON WAS AUTHORIZED TO TRAVEL FROM MINNEAPOLIS. THE RECORD SHOWS THAT 315 POUNDS OF HOUSEHOLD EFFECTS WERE SHIPPED BY RAILWAY EXPRESS FROM MINNEAPOLIS TO DENVER. REIMBURSEMENT WAS MADE TO THE EMPLOYEE ON THE BASIS OF 315 POUNDS AT THE COMMUTED RATE OF $12.26 PER CWT. IT IS STATED IN YOUR LETTER THAT IT IS YOUR BELIEF THAT MRS. DIXON IS ENTITLED TO REIMBURSEMENT ON THE MINIMUM WEIGHT ALLOWANCE OF 1. YOUR DOUBT IN THE MATTER ARISES FROM THE FACT THAT SHIPMENT OF THE EMPLOYEE'S HOUSEHOLD EFFECTS WAS VIA THE RAILWAY EXPRESS AGENCY WHICH HAS NO 1. SECTION 12 (A) OF EXECUTIVE ORDER NO. 10507 AUTHORIZES REIMBURSEMENT TO THE EXTENT OF THE MINIMUM TARIFF REQUIREMENT IN CASES WHERE THE WEIGHT OF THE HOUSEHOLD GOODS TRANSPORTED IS LESS THAN THE 1.

B-123817, JUN. 10, 1955

TO MISS NAOMI E. STOKES, AUTHORIZED CERTIFYING OFFICER, DEPARTMENT OF THE INTERIOR:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 28, 1955, REQUESTING AN ADVANCE DECISION AS TO THE PROPRIETY OF CERTIFYING FOR PAYMENT THE VOUCHER TRANSMITTED IN FAVOR OF EMILY M. DIXON, FOR $83.98, REPRESENTING THE DIFFERENCE BETWEEN THE AMOUNT PREVIOUSLY PAID FOR TRANSPORTATION OF HOUSEHOLD EFFECTS AND THE AMOUNT CLAIMED AS REIMBURSEMENT UNDER SECTION 12 (A) OF EXECUTIVE ORDER NO. 10507, DATED DECEMBER 10, 1953.

BY TRAVEL AUTHORIZATION NO. R-IV-190, DATED NOVEMBER 8, 1954, MRS. DIXON WAS AUTHORIZED TO TRAVEL FROM MINNEAPOLIS, MINNESOTA, TO DENVER, COLORADO, FOR PERMANENT CHANGE OF OFFICIAL STATION. THE CITED ORDERS PROVIDED FOR TRAVEL OF THE EMPLOYEE, AND SHIPMENT OF HER HOUSEHOLD GOODS TO THE NEWLY ASSIGNED STATION AT GOVERNMENT EXPENSE. THE ORDERS ALSO PROVIDED FOR TEMPORARY STORAGE OF HER HOUSEHOLD GOODS AND PERSONAL EFFECTS FOR NOT TO EXCEED 60 DAYS.

THE RECORD SHOWS THAT 315 POUNDS OF HOUSEHOLD EFFECTS WERE SHIPPED BY RAILWAY EXPRESS FROM MINNEAPOLIS TO DENVER. REIMBURSEMENT WAS MADE TO THE EMPLOYEE ON THE BASIS OF 315 POUNDS AT THE COMMUTED RATE OF $12.26 PER CWT., PLUS STORAGE IN THE AMOUNT OF $4.05, OR A TOTAL OF $47.67.

IT IS STATED IN YOUR LETTER THAT IT IS YOUR BELIEF THAT MRS. DIXON IS ENTITLED TO REIMBURSEMENT ON THE MINIMUM WEIGHT ALLOWANCE OF 1,000 POUNDS AT THE COMMUTED RATE OF $12.26 PER CWT., FOR A DISTANCE OF 856 MILES, PURSUANT TO SECTION 12 (A) OF EXECUTIVE ORDER NO. 10507. YOUR DOUBT IN THE MATTER ARISES FROM THE FACT THAT SHIPMENT OF THE EMPLOYEE'S HOUSEHOLD EFFECTS WAS VIA THE RAILWAY EXPRESS AGENCY WHICH HAS NO 1,000 POUND MINIMUM TARIFF REQUIREMENT.

SECTION 12 (A) OF EXECUTIVE ORDER NO. 10507 AUTHORIZES REIMBURSEMENT TO THE EXTENT OF THE MINIMUM TARIFF REQUIREMENT IN CASES WHERE THE WEIGHT OF THE HOUSEHOLD GOODS TRANSPORTED IS LESS THAN THE 1,000 POUND MINIMUM WEIGHT LIMITATION AUTHORIZED BY ESTABLISHED TARIFFS APPLICABLE TO THE CARRIER THAT PERFORMED THE SERVICES. HOWEVER, WHERE THERE IS NO MINIMUM TARIFF REQUIREMENT CHARGEABLE UNDER ESTABLISHED TARIFFS APPLICABLE TO THE CARRIER THAT PERFORMED THE SERVICES, THE AMOUNT PAYABLE SHALL BE THE PRODUCT OF THE APPLICABLE RATE AND NET WEIGHT OF THE HOUSEHOLD GOODS AND PERSONAL EFFECTS ACTUALLY TRANSPORTED. THUS, SINCE THE RAILWAY EXPRESS AGENCY WHICH PERFORMED THE SERVICES IN THIS CASE HAD NO 1,000 POUND MINIMUM WEIGHT LIMITATION, THE EMPLOYEE IS ENTITLED TO REIMBURSEMENT FOR THE TRANSPORTATION OF HER HOUSEHOLD EFFECTS (315 POUNDS) AT THE COMMUTED RATE OF $12.26 PER CWT., OR A TOTAL OF $38.62.

ACCORDINGLY, SINCE THE EMPLOYEE HAS BEEN REIMBURSED FOR THE TRANSPORTATION OF HER HOUSEHOLD EFFECTS PURSUANT TO EXISTING REGULATIONS, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT.