B-126637, MAR. 14, 1956

B-126637: Mar 14, 1956

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WHICH FOR THE PURPOSES HERE WILL BE CONSIDERED AS BEING A "COMMON CARRIER". WHILE BURRWOOD IS LOCATED ON LAND WHICH GENERICALLY MAY BE AN ISLAND. IT SEEMS THE LAND AREA IN QUESTION ACTUALLY IS PART OF THE RIVER'S DELTA WHICH ESSENTIALLY IS A COSTAL EXTENSION FROM THE LOUISIANA MAINLAND. " ARE CONSIDERED BY US AS REFERRING TO ISLANDS DISTINCTLY OFF THE COAST OF THE MAINLAND AND USUALLY NOT REGARDED AS A PART THEREOF AS IN THIS CASE. OF AN EMPLOYEE'S EFFECTS ARE REQUIRED TO BE COMMUTED AT THE RATES FIXED IN SCHEDULE A. WHICH FOR PURPOSES OF YOUR QUESTIONS WILL BE CONSIDERED AS THE HIGHWAY TERMINUS SERVING BURRWOOD. HOWARD EXPENDED $149.07 AND WAS PAID $318.06 ($172.56 PLUS $145.50) ON VOUCHERS NOS. 18654 AND 30099.

B-126637, MAR. 14, 1956

TO MR. D. L. GIFFORD, AUTHORIZED CERTIFYING OFFICER, UNITED STATES WEATHER BUREAU:

YOUR LETTER OF DECEMBER 23, 1955, FILE R02-3.2, REQUEST OUR DECISION WHETHER THE ENCLOSED VOUCHER HAS BEEN COMPUTED BY MR. WILLIAM H. HOWARD, THE EMPLOYEE, IN ACCORDANCE WITH THE INTENT OF THE PROVISIONS OF EXECUTIVE ORDER NO. 9805 AND SCHEDULE A THEREOF, AS AMENDED BY EXECUTIVE ORDER NO. 10507, WHICH GOVERN COMMUTATION OF THE EXPENSES OF TRANSPORTATION OF THE EMPLOYEE'S HOUSEHOLD EFFECTS, AND WHETHER THE VOUCHER CAN BE LEGALLY PAID.

UNDER TRAVEL ORDER NO. FW-293 DATED JUNE 3, 1955, AUTHORIZING HIS PERMANENT TRANSFER FROM BURRWOOD, LOUISIANA, TO LAKE CHARLES, LOUISIANA, MR. HOWARD ACTUALLY TRANSPORTED 2,910 POUNDS OF HOUSEHOLD EFFECTS BY BOAT- -- WHICH FOR THE PURPOSES HERE WILL BE CONSIDERED AS BEING A "COMMON CARRIER"--- VIA THE MISSISSIPPI RIVER FROM BURRWOOD TO NEW ORLEANS, LOUISIANA, AND THENCE 216 MILES BY HIGHWAY VAN FROM NEW ORLEANS TO LAKE CHARLES. WHILE BURRWOOD IS LOCATED ON LAND WHICH GENERICALLY MAY BE AN ISLAND, IT SEEMS THE LAND AREA IN QUESTION ACTUALLY IS PART OF THE RIVER'S DELTA WHICH ESSENTIALLY IS A COSTAL EXTENSION FROM THE LOUISIANA MAINLAND.

IN THE ABSENCE OF APPROPRIATE LANGUAGE IN THE REGULATIONS, THE WORDS "ANY OTHER ISLAND" AS USED IN THE NOTE UNDER SCHEDULE A OF EXECUTIVE ORDER NO. 10517, AUTHORIZING ADDITIONAL ALLOWANCES BECAUSE OF "ISLAND SHIPMENTS," ARE CONSIDERED BY US AS REFERRING TO ISLANDS DISTINCTLY OFF THE COAST OF THE MAINLAND AND USUALLY NOT REGARDED AS A PART THEREOF AS IN THIS CASE. COMPARE 34 COMP. GEN. 197 AND 32 COMP. GEN. 440. ALSO, IN ACCORDANCE WITH SECTION 12/A) OF EXECUTIVE ORDER NO. 9805, AS AMENDED, THE EXPENSES OF TRANSPORTATION, ETC., OF AN EMPLOYEE'S EFFECTS ARE REQUIRED TO BE COMMUTED AT THE RATES FIXED IN SCHEDULE A, AND SECTION 13 PRESCRIBES THE RESPECTIVE MILEAGE BLOCKS WHICH "REQUIRE A DETERMINATION OF THE SHORT-LINE HIGHWAY DISTANCE BETWEEN THE POINTS MAY BE AUTHORIZED UNDER THESE REGULATIONS, AND IN ACCORDANCE WITH THE PROVISIONS OF THE HOUSEHOLD GOODS CARRIERS' BUREAU MILEAGE GUIDE NO. 4, MOTOR FREIGHT-INTERSTATE COMMERCE COMMISSION NO. 27, OR SUCCESSIVE ISSUES THEREOF.' THE CURRENT ISSUE (NO. 6) OF SUCH MILEAGE GUIDE SHOWS THE HARD-SUFACE ROADS SERVING THE RIVER'S DELTA AREA EXTEND TO VENICE, LOUISIANA, WHICH FOR PURPOSES OF YOUR QUESTIONS WILL BE CONSIDERED AS THE HIGHWAY TERMINUS SERVING BURRWOOD. MR. HOWARD EXPENDED $149.07 AND WAS PAID $318.06 ($172.56 PLUS $145.50) ON VOUCHERS NOS. 18654 AND 30099, CITED IN YOUR LETTER, FOR TRANSPORTATION OF HIS EFFECTS FROM BURRWOOD VIA NEW ORLEANS TO LAKE CHARLES. ONE PAYMENT WAS AT THE PRESCRIBED COMMUTED RATE FOR LAND SHIPMENT FROM NEW ORLEANS TO LAKE CHARLES AND THE OTHER, COVERING TRANSPORTATION BY COMMON CARRIER FROM BURRWOOD TO NEW ORLEANS, AT THE $5 ADDITIONAL ALLOWANCE FOR ISLAND SHIPMENTS. ACCORDINGLY, MR. HOWARD IS NOT ENTITLED TO ANY FURTHER SUM FOR THE TRANSPORTATION OF HIS EFFECTS.