B-123865, AUG. 12, 1955

B-123865, AUG. 12, 1955

TO MISS I. BUNNELL, AUTHORIZED CERTIFYING OFFICER, CIVIL AERONAUTICS ADMINISTRATION:

YOUR LETTER OF MAY 2, 1955, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE VOUCHER THEREWITH TRANSMITTED REPRESENTING A RECLAIM OF $159.18 PREVIOUSLY REFUNDED BY GEORGE S. CLARK, AS EXCESS COST OF SHIPPING HIS HOUSEHOLD EFFECTS ON CHANGE OF STATION FROM WASHINGTON, C., TO SANTIAGO, CHILE.

IT IS REPORTED THAT MR. CLARK WAS APPOINTED AS CHIEF OF MISSION, GS 14, $10,300 AT SANTIAGO, UNDER THE POINT IV PROGRAM AND CHANGE OF STATION WAS SUBJECT TO PROVISIONS OF FOREIGN OPERATIONS ADMINISTRATION REGULATIONS. ORIGINALLY, THE WEIGHT OF THE HOUSEHOLD GOODS AUTHORIZED IN TRAVEL ORDER NO. 1493, DATED MAY 6, 1954, WAS 8,400 POUNDS GROSS IN ACCORDANCE WITH USFOTO CIRCULAR A-8, WHICH PROVIDES FOR SHIPMENT OF 6,000 POUNDS PLUS 40 PERCENT FOR PACKING FOR EMPLOYEES CLASSIFIED UNDER GROUP 3 COVERING SALARIES FROM $7,240 TO $10,799. THIS ORDER WAS AMENDED JULY 28, 1954, TO AUTHORIZE SHIPMENT OF 6,000 POUNDS NET IN ACCORDANCE WITH FOA USFOTO CIRCULAR NO. A-96, WHICH REMOVED THE LIMITATION ON PACKING OR CRATING WEIGHTS. THE TRAVEL ORDER WAS FURTHER AMENDED FEBRUARY 25, 1955, TO PROVIDE FOR SHIPMENT OF 9,000 POUNDS NET UNDER USFOTO CIRCULAR NO. A-170, WHICH RETROACTIVELY INCREASED THE MAXIMUM WEIGHTS ALLOWED AND PROVIDED FOR ALLOWANCE OF CLAIMS FOR REIMBURSEMENT FOR DISALLOWED SHIPPING CHARGES PAID BY THE EMPLOYEES FOR WEIGHTS IN EXCESS OF THE PREVIOUS ALLOWANCE.

THE VOUCHERS OF THE AMERICAN STORAGE COMPANY FOR PACKING AND CRATING AND THE POWELL TRANSPORTATION COMPANY INCORPORATED, FOR TRANSPORTING THE EFFECTS FROM WASHINGTON, D.C., TO THE PIER IN NEW YORK CITY WERE FOR THE NET WEIGHT, EXCLUSIVE OF PACKING AND CRATING, OF 7,040 POUNDS AND THE GOVERNMENT'S SHARE WAS COMPUTED AT 6,000/7,040 OF THE TOTAL CHARGES. AS A RESULT THE CHARGE FOR THE EXCESS WEIGHT IN THE AMOUNT OF $159.18 WAS COLLECTED FROM MR. CLARK.

IT IS A WELL ESTABLISHED RULE THAT ADMINISTRATIVE REGULATIONS MAY NOT BE APPLIED OR AMENDED RETROACTIVELY. 32 COMP. GEN. 315. HOWEVER, IT INFORMALLY HAS BEEN ASCERTAINED FROM THE INTERNATIONAL COOPERATION ADMINISTRATION, THE SUCCESSOR TO THE FOREIGN OPERATIONS ADMINISTRATION, THAT THE ORIGINAL REDUCTIONS IN THE WEIGHT LIMITATIONS FOR SHIPMENT OF HOUSEHOLD EFFECTS BY CIRCULAR A-8, WERE MADE BECAUSE OF A PROVISION IN THE APPROPRIATION FOR THE FOREIGN OPERATIONS ADMINISTRATION (MUTUAL SECURITY APPROPRIATION ACT OF 1954) RESTRICTING THE USE OF THAT APPROPRIATION FOR THE TRANSPORTATION OF HOUSEHOLD EFFECTS TO AN AVERAGE OF 5,000 POUNDS NET OR NOT EXCEEDING 9,000 POUNDS NET IN ANY ONE SHIPMENT. IT WAS FURTHER ASCERTAINED THAT THE EARLIER CIRCULARS REGARDING WEIGHT LIMITATIONS WERE VIEWED AS TENTATIVE AS THE ADMINISTRATION HAD NO METHOD OF DETERMINING IN ADVANCE WHAT THE AVERAGE WEIGHT WOULD BE AND THAT THE SUBSEQUENT CIRCULARS INCREASING THE ALLOWABLE WEIGHTS WERE MERELY CORRECTIONS BASED ON ACTUAL EXPERIENCE, THERE BEING NO INTENTION TO MAKE A RETROACTIVE CHANGE IN ANY MANDATORY REGULATION.

IN VIEW OF THE FOREGOING, THE CHANGE IN THE TENTATIVE MAXIMUM WEIGHT LIMITS UPON THE SHIPMENT OF HOUSEHOLD EFFECTS TO BE EFFECTIVE RETROACTIVELY DOES NOT APPEAR TO BE OPEN TO OBJECTION UNDER THE DECISION IN 32 COMP. GEN. 315. THE VOUCHER IS RETURNED HEREWITH AND PAYMENT THEREON MAY BE CERTIFIED IF OTHERWISE CORRECT.