B-129215, OCT. 23, 1956

B-129215, OCT. 23, 1956

TO MR. C. L. HARRIS, AUTHORIZED CERTIFYING OFFICER, DEPARTMENT OF THE INTERIOR:

YOUR LETTER OF SEPTEMBER 7, 1956, FILE 5-300, FORWARDED HERE BY LETTER DATED SEPTEMBER 12, 1956, FILE 370, FROM THE CHIEF, DIVISION OF PROGRAM COORDINATION AND FINANCE, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE ENCLOSED RECLAIM VOUCHER IN THE AMOUNT OF $71.40 IN FAVOR OF BERT LEVINE, WHOSE PERMANENT DUTY STATION WAS TRANSFERRED FROM FORT SUMNER, NEW MEXICO, TO OKLAHOMA CITY, OKLAHOMA. BY TRAVEL AUTHORIZATION NO. R5-19-60 DATED JUNE 14, 1956, MR. LEVINE WAS AUTHORIZED TO INCUR NECESSARY EXPENSES FOR SHIPMENT OF HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS FROM FORT SUMNER TO OKLAHOMA CITY IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.

PURSUANT TO SECTION 1 (B) OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, 5 U.S.C. 73B-1, EXECUTIVE ORDER NO. 9805, AS AMENDED, GOVERNS THE COMMUTATION OF A TRANSFERRED EMPLOYEE'S EXPENSES OF TRANSPORTATION AND TEMPORARY STORAGE OF HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS. THE PROVISIONS THEREOF INVOLVED HERE ARE CONTAINED IN SECTIONS 1 (E), 8, AND 12 (B). SECTION 1 (E) DEFINES TEMPORARY STORAGE AS STORAGE AT POINT OF DEPARTURE, DESTINATION, OR WAY STATION FOR NOT MORE THAN 60 DAYS. SECTION 12 (B), AS AMENDED, PROVIDES FOR THE COMMUTATIONS--- NOT TO EXCEED THE ACTUAL COSTS OF SUCH TEMPORARY STORAGE--- AT THE RATE OF $2 PER HUNDRED POUNDS OF GOODS AND EFFECTS WITHIN THE AUTHORIZED WEIGHT LIMITS FOR THE FIRST 30 DAYS OF STORAGE PLUS 40 CENTS PER HUNDRED POUNDS FOR THE NEXT 30 DAYS, OR FRACTION THEREOF. REGARDING OUR DECISION AT 28 COMP. GEN. 290, CONSTRUING SECTION 8 OF THE REGULATIONS, REFERRED TO IN THE CORRESPONDENCE ATTACHED TO YOUR LETTER, THAT DECISION WOULD NOT BE CONTROLLING IN A CASE WHERE, AS HERE, THE EFFECTS WERE SHIPPED IN ONE LOT BUT STORAGE FACILITIES WERE NOT AVAILABLE AT THE OLD HEADQUARTERS, NAMELY FORT SUMNER. APPEARS THE NEAREST AVAILABLE STORAGE FACILITIES WERE AT CLOVIS, NEW MEXICO, A "WAY STATION" EN ROUTE TO OKLAHOMA CITY AND THAT THE TEMPORARY STORAGE EN ROUTE AT CLOVIS WAS NOT SOLELY FOR THE CONVENIENCE OF MR. LEVINE.

IN THIS CASE IT APPEARS MR. LEVINE'S ACTUAL COSTS FOR SHIPMENT AND STORAGE OF HIS EFFECTS (4,760 POUNDS) WERE AS FOLLOWS:

TABLE

FORT SUMNER TO CLOVIS, 62 MILES AT $2.45 PER CWT. $116.62

STORAGE AT CLOVIS (30 DAYS OR FRACTION) AT .50 PER CWT. 23.80

CLOVIS TO OKLAHOMA CITY, 369 MILES AT $4.60 PER CWT. 218.96

TOTAL ACTUAL COSTS $359.38

THE STRAIGHT LINE TARIFF RATE WITHOUT STORAGE EN ROUTE APPARENTLY WOULD HAVE BEEN $5 PER HUNDREDWEIGHT. HOWEVER, MR. LEVINE CLAIMS THE COMMUTED ZONE RATE OF $6.65 APPLICABLE TO THE TOTAL DISTANCE OF 431 MILES (62 MILES FROM FORT SUMNER TO CLOVIS, PLUS 369 MILES FROM CLOVIS TO OKLAHOMA CITY) OR $316.54, PLUS $95.20 FOR TEMPORARY STORAGE BASED UPON THE MAXIMUM ALLOWABLE COMMUTED RATE OF $2 PER HUNDREDWEIGHT.

IN CLAIMING THE MAXIMUM COMMUTED STORAGE RATE, MR. LEVINE OVERLOOKS THE PROVISION IN SECTION 12 (B) OF THE REGULATIONS WHICH PROVIDES THAT REIMBURSEMENT FOR STORAGE EXPENSE "SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID" FOR SUCH STORAGE. THE SUM OF $71.40, WHICH IS NOW RECLAIMED, WAS ADMINISTRATIVELY DISALLOWED IN HIS PRIOR CLAIM UPON THE GROUND THAT THE FACTORS ENTERING INTO THE ,COST OF HANDLING FOR STORAGE PURPOSES AT CLOVIS, N.M., CANNOT BE DISTINGUISHED" (QUOTING FROM YOUR SUBMISSION). HOWEVER, WE UNDERSTAND FROM THE ENCLOSED HOUSEHOLD GOODS CARRIERS TARIFF NO. 53B THAT THERE WOULD HAVE BEEN A DRAYAGE COST OF APPROXIMATELY $71.40 FROM STORAGE IN OKLAHOMA CITY TO MR. LEVINE'S RESIDENCE (THE DESTINATION OF THE SHIPMENT) IF THE EFFECTS HAD BEEN SHIPPED DIRECT TO STORAGE AT THAT POINT.

THE REGULATIONS PROVIDES FOR STORAGE EITHER AT ORIGIN OR DESTINATION, OR AT A "WAY STATION" EN ROUTE. THE APPARENT DIFFERENCE BETWEEN THE COMMUTATION RATES FOR STRAIGHT LINE ZONES OF NONSTOP TRANSPORTATION AND THE RATES FOR SEPARABLE COMMUTATION ZONES HERE INVOLVED DOES NOT APPEAR FOR DISALLOWANCE SOLELY UPON THE GROUND THAT SOME HANDLING CHARGES ARE BELIEVED TO BE INVOLVED EVEN THOUGH NOT SPECIFIED IN THE CARRIER'S BILL OR NOT INCORPORATED IN THE AUTHORIZED TARIFF RATES. THEREFORE, MR. LEVINE SHOULD HAVE BEEN REIMBURSED FOR SHIPMENT OF HIS EFFECTS FROM FORT SUMNER TO CLOVIS AT THE AUTHORIZED COMMUTED RATE OF $4.02 PER HUNDREDWEIGHT AND FROM CLOVIS TO OKLAHOMA CITY AT $6.24 PER HUNDREDWEIGHT, PLUS HIS ACTUAL STORAGE COSTS OF $23.80. HIS PRIOR CLAIM OF THE STRAIGHT LINE COMMUTED RATE OF $6.65 DOUBTLESS WAS PREDICATED UPON THE ASSUMPTION THAT HE COULD NOT BE REIMBURSED UPON THE BASIS OF THE SEPARABLE RATES AS INDICATED ABOVE.

THE RECLAIM VOUCHER, RETURNED HEREWITH, MAY IF OTHERWISE CORRECT BE PAID IN THE AMOUNT CLAIMED IN ACCORDANCE WITH THE FOREGOING.