B-128355, AUG. 24, 1956

B-128355: Aug 24, 1956

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WHOSE HOUSEHOLD EFFECTS WERE TRANSPORTED INCIDENT TO PERMANENT TRANSFER OF HIS OFFICIAL STATION FROM ASHEVILLE. WHICH AMOUNT WAS DEDUCTED MAY 2. HOWARD WAS PRIMARILY CONCERNED WITH A CLAIM FOR ALLOWANCE OF A DIFFERENT COMMUTED RATE ON THE BASIS OF THE CONSTRUCTIVE DISTANCE FROM BURRWOOD TO NEW ORLEANS. WE HELD THAT HE WAS NOT ENTITLED UNDER THE REGULATIONS TO THE ADDITIONAL SUM CLAIMED. THE PROVISION IN SCHEDULE A IS AS FOLLOWS: "ADDITIONAL ALLOWANCES "ISLAND SHIPMENTS. YOU POINT OUT THAT IT IS LOCATED AT THE EXTREMITY OF THE DELTA BASIS. THAT THE $5.00 ISLAND RATE WAS INTENDED TO BE USED FOR SHIPMENTS TO BURRWOOD. SINCE THE EFFECTS WERE SHIPPED FROM NEW ORLEANS TO BURRWOOD BY THE BURRWOOD PACKET COMPANY.

B-128355, AUG. 24, 1956

TO THE AUTHORIZED CERTIFYING OFFICER, DEPARTMENT OF COMMERCE:

YOUR LETTER OF JUNE 19, 1956, FILE A-3.32, REQUESTS OUR DECISIONS WHETHER YOU MAY CERTIFY FOR PAYMENT THE ENCLOSED TRAVEL VOUCHER IN THE AMOUNT OF $139.10 IN FAVOR OF WARREN E. BROWN, AN EMPLOYEE OF THE WEATHER BUREAU, WHOSE HOUSEHOLD EFFECTS WERE TRANSPORTED INCIDENT TO PERMANENT TRANSFER OF HIS OFFICIAL STATION FROM ASHEVILLE, NORTH CAROLINA, TO BURRWOOD, LOUISIANA, UNDER TRAVEL ORDER NO. 1446 DATED FEBRUARY 29, 1956.

THE $139.10 REPRESENTS THE "ISLAND ALLOWANCE OF $5.00 A CWT FOR SHIPMENT OF HIS EFFECTS BY OAT" FROM NEW ORLEANS TO BURRWOOD, LOUISIANA, WHICH AMOUNT WAS DEDUCTED MAY 2, 1956, ON MR. BROWN'S PRIOR VOUCHER COVERING EXPENSES OF HIS TRAVEL AND TRANSPORTATION OF HIS EFFECTS PURSUANT TO THE SAID TRAVEL ORDER. THAT ACTION, YOU SAY, RESULTED FROM ADMINISTRATIVE DOUBT AS TO THE APPLICABILITY OF OUR DECISION B-126637 DATED MARCH 14, 1956, IN THE CASE OF WILLIAM H. HOWARD INVOLVING THE "ISLAND SHIPMENTS" PROVISION IN SCHEDULE A OF EXECUTIVE ORDER NO. 9805 AS AMENDED.

THE CASE OF MR. HOWARD WAS PRIMARILY CONCERNED WITH A CLAIM FOR ALLOWANCE OF A DIFFERENT COMMUTED RATE ON THE BASIS OF THE CONSTRUCTIVE DISTANCE FROM BURRWOOD TO NEW ORLEANS, AND IN ADDITION TO THE "ISLAND SHIPMENT" RATE OF $5.00 AS PAID ADMINISTRATIVELY TO MR. HOWARD FOR TRANSPORTATION OF HIS EFFECTS BY RIVER BOAT BETWEEN THOSE POINTS. AS MR. HOWARD HAD BEEN PAID BOTH THE $5.00 ISLAND RATE COVERING THE SHIPMENT OF THE EFFECTS BY BOAT FROM BURRWOOD TO NEW ORLEANS AND THE PRESCRIBED COMMUTED RATE FOR LAND TRANSPORTATION OF HIS EFFECTS FROM NEW ORLEANS TO HIS NEW DUTY STATION, WE HELD THAT HE WAS NOT ENTITLED UNDER THE REGULATIONS TO THE ADDITIONAL SUM CLAIMED.

THE PROVISION IN SCHEDULE A IS AS FOLLOWS:

"ADDITIONAL ALLOWANCES

"ISLAND SHIPMENTS. TO THE AMOUNT OF REIMBURSEMENT COMPUTED FROM THE FOREGOING TABLE ADD (A) $3.50 PER HUNDRED POUNDS FOR EACH SHIPMENT BY COMMON CARRIER HAVING MARTHA'S VINEYARD, MASSACHUSETTS, AS ITS ORIGIN OR DESTINATION, OR (B) $5.00 PER HUNDRED POUNDS FOR EACH SHIPMENT BY COMMON CARRIER HAVING ITS ORIGIN OR DESTINATION ON ANY OTHER ISLAND OF ONE OF THE COASTAL STATES THAT CAN BE REACHED BY MOTOR CARRIER TRANSPORTATION ONLY BY USE OF FERRY OR SHIP.'

YOU SAY THAT HOUSEHOLD EFFECTS CAN BE TRANSPORTED TO BURRWOOD, LOUISIANA, ONLY BY MEANS OF BOAT, AND YOU POINT OUT THAT IT IS LOCATED AT THE EXTREMITY OF THE DELTA BASIS, 110 MILES SOUTH OF NEW ORLEANS. MOREOVER, WE UNDERSTAND FROM YOUR LETTER, AS VERIFIED BY INFORMAL CONTACT WITH THE BUREAU OF THE BUDGET, THAT THE $5.00 ISLAND RATE WAS INTENDED TO BE USED FOR SHIPMENTS TO BURRWOOD.

ACCORDINGLY, AND SINCE THE EFFECTS WERE SHIPPED FROM NEW ORLEANS TO BURRWOOD BY THE BURRWOOD PACKET COMPANY, INC., A COMMON CARRIER, AND IT APPEARS THAT BURRWOOD REASONABLY MAY BE CONSIDERED AN ISLAND OF ONE OF THE COSTAL STATES, WE OFFER NO OBJECTION TO PAYMENT OF THE ADDITIONAL ISLAND RATE OF $5.00 PER HUNDRED POUNDS. IT FOLLOWS THAT ANY INFERENCE IN THE DECISION B-126637 THAT BURRWOOD IS NOT AN ISLAND FOR THE PURPOSE OF THE ADDITIONAL ISLAND RATE IS NO LONGER FOR CONSIDERATION.