B-125607, NOV. 10, 1955

B-125607, NOV. 10, 1955

TO MR. MARLOW GLENN:

YOUR LETTER OF AUGUST 1, 1955, REFERENCE F5023, FORWARDED TO OUR OFFICE BY THE DEPARTMENT OF THE INTERIOR, QUESTIONS THE COMMUTED RATES USED IN SETTLEMENT OF DECEMBER 29, 1954, IN REIMBURSING YOU FOR TRANSPORTATION OF YOUR HOUSEHOLD GOODS AND PERSONAL EFFECTS.

THE RECORDS SHOW THAT BY ORDERS DATED SEPTEMBER 1, 1954, YOU WERE TRANSFERRED FROM SAN FRANCISCO, CALIFORNIA, TO SANTA FE, NEW MEXICO, FOR PERMANENT DUTY. THE ORDERS DIRECTING THE TRANSFER INCLUDED AUTHORIZATION FOR TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS AT A COMMUTED ALLOWANCE BASED ON THE SHORT LINE HIGHWAY DISTANCE OF 1,210 MILES. YOUR EFFECTS, WEIGHING 4,000 POUNDS, WERE TRANSPORTED BETWEEN THE POINTS ABOVE INDICATED BY M AND L TRANSFER, AMARILLO, TEXAS, AT A COST OF $521.88, WHICH THE FILE INDICATES YOU PAID. YOU WERE REIMBURSED IN THE AMOUNT OF $455.60 FOR TRANSPORTATION OF 4,000 POUNDS OF EFFECTS AT A COMMUTED RATE OF $11.39 CWT.

IT APPEARS TO BE YOUR CONTENTION THAT EXECUTIVE ORDER NO. 10507, PROMULGATED PURSUANT TO THE ACT OF AUGUST 2, 1946, 60 STAT. 806, AS AMENDED, WHICH PROVIDES FOR REIMBURSEMENT OF TRANSPORTATION OF HOUSEHOLD EFFECTS AT A COMMUTED RATE, IS BASED ON EASTERN TARIFF SCHEDULES AND DOES NOT TAKE THE WESTERN TARIFF SCHEDULES INTO CONSIDERATION. IRRESPECTIVE OF WHETHER THE COMMUTED RATES WERE BASED ON EASTERN TARIFFS, AS ALLEGED BY YOU, THERE IS NO AUTHORITY OF OUR OFFICE TO PAY AN AMOUNT IN EXCESS OF THAT AUTHORIZED IN THE EXECUTIVE ORDER. REIMBURSEMENT MADE UNDER THE AUTHORITY OF THE EXECUTIVE ORDER NECESSARILY IS SUBJECT TO THE RESTRICTIONS CONTAINED THEREIN.

BY REASON OF THE FOREGOING, THE SETTLEMENT OF DECEMBER 29, 1954, MUST BE AND IS SUSTAINED.