B-129487, NOV. 9, 1956

B-129487: Nov 9, 1956

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DEPARTMENT OF COMMERCE: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 5. YOUR DOUBT IN THE MATTER ARISES FROM THE FACT THAT INCLUDED IN THE VOUCHER IS AN ITEM. FOR REIMBURSEMENT AT THE COMMUTED RATE FOR SHIPMENT OF HOUSEHOLD GOODS WHICH IS BASED ON A WEIGHT COMPUTED FROM AN ESTIMATED VOLUME. THE RENTAL CHARGE WAS $18.75. THERE IS NO SHOWING THAT THE INSURANCE WAS REQUIRED BY THE TRAILER COMPANY OR BY LAW. WHICH WAS BASED UPON THE APPROXIMATE MEASUREMENTS OF THE TRAILER'S INTERIOR AND THE APPROXIMATE PERCENTAGE THEREOF OCCUPIED BY THE EFFECTS. WAS SUBSTANTIATED BY CERTIFICATES FURNISHED BY TWO PERSONS WHO HELPED THE CLAIMANT UNLOAD THE TRAILER AT DESTINATION. STRIETZEL'S CLAIM IS COMPUTED ON A CONSTRUCTIVE WEIGHT OF 539 POUNDS AT THE COMMUTED RATE OF $8.71 PER HUNDRED WEIGHT.

B-129487, NOV. 9, 1956

TO MR. ERNEST W. VOGT, AUTHORIZED CERTIFYING OFFICER, WEATHER BUREAU, DEPARTMENT OF COMMERCE:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 5, 1956 (FILE R03-3.2), TRANSMITTING A VOUCHER IN FAVOR OF RAYMOND G. STRIETZEL FOR THE AMOUNT OF $67.05 AND REQUESTING DECISION ON THE PROPRIETY OF CERTIFYING IT FOR PAYMENT. YOUR DOUBT IN THE MATTER ARISES FROM THE FACT THAT INCLUDED IN THE VOUCHER IS AN ITEM, $46.95, FOR REIMBURSEMENT AT THE COMMUTED RATE FOR SHIPMENT OF HOUSEHOLD GOODS WHICH IS BASED ON A WEIGHT COMPUTED FROM AN ESTIMATED VOLUME.

IT APPEARS THAT MR. STRIETZEL, INCIDENT TO CHANGE OF STATION ORDERS, TRANSPORTED HIS HOUSEHOLD GOODS FROM RAPID CITY, SOUTH DAKOTA, TO DENVER, COLORADO, BY A RENTED U-HAUL TRAILER ATTACHED TO HIS PRIVATELY OWNED AUTOMOBILE. THE RENTAL CHARGE WAS $18.75, EXCLUSIVE OF A $1.00 INSURANCE PREMIUM. THERE IS NO SHOWING THAT THE INSURANCE WAS REQUIRED BY THE TRAILER COMPANY OR BY LAW. HE DID NOT OBTAIN A WEIGHTMASTER'S CERTIFICATE AT THE TIME OF SHIPMENT BECAUSE HE DID NOT BELIEVE IT NECESSARY. HOWEVER, HE FURNISHED AN ESTIMATE OF THE VOLUME OCCUPIED BY HIS EFFECTS. SUCH ESTIMATE, WHICH WAS BASED UPON THE APPROXIMATE MEASUREMENTS OF THE TRAILER'S INTERIOR AND THE APPROXIMATE PERCENTAGE THEREOF OCCUPIED BY THE EFFECTS, WAS SUBSTANTIATED BY CERTIFICATES FURNISHED BY TWO PERSONS WHO HELPED THE CLAIMANT UNLOAD THE TRAILER AT DESTINATION. MR. STRIETZEL'S CLAIM IS COMPUTED ON A CONSTRUCTIVE WEIGHT OF 539 POUNDS AT THE COMMUTED RATE OF $8.71 PER HUNDRED WEIGHT. YOU SAY THAT THE COST TO THE GOVERNMENT WOULD HAVE BEEN MORE, HAD HE SHIPPED BY COMMERCIAL MOTOR VAN, IN WHICH CASE THE 1,000 POUND MINIMUM WOULD HAVE APPLIED.

THE CLAIMANT HAS NOT SHOWN THE ACTUAL WEIGHT OF THE HOUSEHOLD EFFECTS SHIPPED AS REQUIRED BY SECTION 10 OF EXECUTIVE ORDER NO. 9805, AS AMENDED. HE HAS ALSO NOT ESTABLISHED THAT PROPER WEIGHING FACILITIES WERE NOT READILY AVAILABLE AT THE POINT OR ORIGIN OF THE SHIPMENT OR FURNISHED THE ACTUAL VOLUME OF THE PROPERLY LOADED VAN SPACE OCCUPIED AS REQUIRED BY SECTION 14 THEREOF IN LIEU OF FURNISHING THE ACTUAL WEIGHT. CONSEQUENTLY, HE MAY NOT BE ALLOWED REIMBURSEMENT AT THE COMMUTED RATE AUTHORIZED BY THE EXECUTIVE ORDER. HOWEVER, IN VIEW OF THE FACT THAT HE HAS FURNISHED ACCEPTABLE EVIDENCE RELATIVE TO THE ESTIMATED WEIGHT OF THE SHIPMENT, HE MAY BE REIMBURSED THE ACTUAL EXPENSES ($18.75) INCURRED IN THE RENTAL OF THE TRAILER NOT TO EXCEED WHAT HE WOULD HAVE BEEN ENTITLED TO FOR SUCH ESTIMATED WEIGHT AT THE COMMUTED RATE. 28 COMP. GEN. 95; ID 679; B- 117795, MAY 21, 1954.

THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT ACCORDINGLY, IF OTHERWISE CORRECT.