B-138599, MARCH 31, 1959, 38 COMP. GEN. 643

B-138599, MARCH 31, 1959, 38 COMP. GEN. 643

CIVILIAN PERSONNEL - OVERSEAS - TRANSPORTATION - HOUSEHOLD EFFECTS - WEIGHT V. MEASUREMENT IN COMPUTATION OF THE COSTS OF TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS OF OVERSEAS EMPLOYEES PURSUANT TO SECTIONS 17, 18 AND 19 OF EXECUTIVE ORDER NO. 9805, AS AMENDED BY EXECUTIVE ORDER NO. 10196, THE COSTS FOR TRANSPORTATION, FOR PACKING, CRATING AND UNPACKING, AND FOR DRAYAGE ARE FOR CONSIDERATION SEPARATELY AND THE MAXIMUM ALLOWANCE PROVISIONS OF SECTION 17 (A) AND (B), WHICH PERMIT COMPUTATION ON EITHER A WEIGHT OR MEASUREMENT BASIS, ARE ONLY APPLICABLE IN THE COMPUTATION OF TRANSPORTATION COSTS AND ARE NOT APPLICABLE IN THE COMPUTATION OF THE COSTS OF PACKING, CRATING AND UNPACKING OR THE COSTS OF DRAYAGE. WHEN THE HOUSEHOLD EFFECTS OF AN OVERSEAS EMPLOYEE WEIGH IN EXCESS OF THE MAXIMUM WEIGHT LIMITATION PRESCRIBED IN SECTION 17 (A) OF EXECUTIVE ORDER NO. 9805, AS AMENDED BY EXECUTIVE ORDER NO. 10196, BUT ARE WITHIN THE MAXIMUM VOLUME LIMITATION BASED ON MEASUREMENT AS PRESCRIBED IN SECTION 17 (B) OF THE ORDER, WHICH WAS ALSO THE BASIS SPECIFIED IN THE BILL OF LADING FOR THE OCEAN TRANSPORTATION, THE DRAYAGE, AND THE PACKING, CRATING, UNPACKING, AND UNCRATING CHARGES, ARE REQUIRED TO BE COMPUTED ON THE WEIGHT BASIS RESULTING IN EXCESS COSTS CHARGEABLE TO THE EMPLOYEE, BUT THE OCEAN TRANSPORTATION COSTS COMPUTED ON THE BASIS OF THE EFFECTS COMING WITHIN THE MEASUREMENT LIMITATION MAY BE REIMBURSED TO THE EMPLOYEE.

TO MANLEY W. ALLEN, DEPARTMENT OF THE INTERIOR, MARCH 31, 1959:

YOUR LETTER OF JANUARY 8, 1959, REQUESTS OUR DECISION AS TO WHETHER YOU MAY CERTIFY FOR PAYMENT THE ENCLOSED VOUCHER IN FAVOR OF MR. ELROY W. BOHLIN, AN EMPLOYEE OF THE NATIONAL PARK SERVICE, FOR $257.30, REPRESENTING THE AMOUNT PAID BY MR. BOHLIN FOR EXCESS COSTS OF SHIPPING HIS HOUSEHOLD GOODS FROM HAWAII NATIONAL PARK TO OLYMPIC NATIONAL PARK, PORT ANGELES, WASHINGTON, INCIDENT TO HIS OFFICIAL TRANSFER OF STATION IN 1955.

THE RECORD DISCLOSES THAT MR. BOHLIN'S HOUSEHOLD GOODS WERE PACKED, CRATED, AND HAULED TO PIER 1--- HILO, HAWAII, BY YAMADA TRANSFER AT A COST OF $325; THAT THEY WERE TRANSPORTED FROM HAWAII TO SEATTLE, WASHINGTON, BY MATSON NAVIGATION COMPANY AT A COST OF $475.80; AND THAT THEY WERE MOVED FROM SEATTLE TO OLYMPIC NATIONAL PARK BY BLACK BALL TRANSPORT, INC., AT A COST OF $386.52. ALSO, THE RECORD SHOWS THAT THE TOTAL GROSS WEIGHT OF MR. BOHLIN'S PACKED AND CRATED HOUSEHOLD GOODS WAS 11,170 POUNDS, WHICH IS 2,420 POUNDS IN EXCESS OF THE 8,750 POUND WEIGHT LIMITATION PRESCRIBED BY SECTION 1 (A) OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED, 5 U.S.C. 73B-1 (A), AND SECTIONS 6 AND 17 OF EXECUTIVE ORDER NO. 9805, AS AMENDED, THE REGULATIONS ISSUED PURSUANT TO SECTION 1 (A). MR. BOHLIN WAS REQUIRED TO PAY FOR THAT PORTION OF THE CHARGES OF YAMADA TRANSFER, MATSON NAVIGATION COMPANY, AND BLACK BALL TRANSPORT, INC. WHICH ARE CHARGEABLE TO HIM AS EXCESS COSTS, IN THE AMOUNTS OF $70.43, $103.11, AND $83.76, RESPECTIVELY, RESULTING FROM THE EXCESS WEIGHT OF THE HOUSEHOLD GOODS SHIPPED.

THE RECORD FURTHER DISCLOSES THAT THE MEASURED VOLUME OF MR. BOHLIN'S PACKED AND CRATED HOUSEHOLD GOODS WAS 976 CUBIC FEET, AND HE CONTENDS THAT THE TRANSPORTATION CHARGES AS WELL AS PACKING AND CRATING CHARGES SHOULD HAVE BEEN COMPUTED ON THE BASIS OF MEASUREMENT UNDER SECTIONS 17 (B) AND 17 (C) OF EXECUTIVE ORDER NO. 9805, AS AMENDED BY EXECUTIVE ORDER NO. 10196, RATHER THAN ON THE BASIS OF WEIGHT.

SECTION 1 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED, 5 U.S.C. 73B-1, AND EXECUTIVE ORDER NO. 9805, AS AMENDED BY EXECUTIVE ORDER NO. 10196, PROMULGATED THEREUNDER, GOVERN THE ALLOWANCE AND PAYMENT FROM GOVERNMENT FUNDS FOR EXPENSES OF TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS OF CIVILIAN OFFICERS AND EMPLOYEES OF THE GOVERNMENT WHEN TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER FOR PERMANENT DUTY. BOTH THE LAW AND SECTIONS 6 AND 17 OF THAT EXECUTIVE ORDER, AS AMENDED, LIMIT THE WEIGHT OF THE GOODS AND EFFECTS THAT MAY BE TRANSPORTED AT GOVERNMENT EXPENSE TO 7,000 POUNDS IF UNCRATED OR 8,750 POUNDS IF CRATED OR THE EQUIVALENT THEREOF WHEN TRANSPORTATION CHARGES ARE BASED ON MEASUREMENT. THE PERTINENT PORTIONS OF TITLE III OF EXECUTIVE ORDER NO. 9805, AS AMENDED BY EXECUTIVE ORDER NO. 10196, GOVERNING THE TRANSPORTATION OF SUCH HOUSEHOLD GOODS AND PERSONAL EFFECTS TO OR FROM POINTS OUTSIDE THE CONTINENTAL UNITED STATES, ARE AS FOLLOWS:

SEC. 17. MAXIMUM ALLOWANCE FOR TRANSPORTATION. (A) WEIGHT. THE ACTUAL COSTS OF TRANSPORTATION OF THE HOUSEHOLD GOODS AND PERSONAL EFFECTS OF THE EMPLOYEE, NOT IN EXCESS OF 7,000 POUNDS NET, AND OF THE PACKING, CRATES, BOXES, LIFT VANS, OR OTHER TEMPORARY CONTAINERS REQUIRED FOR THE SHIPMENT, SHALL BE ALLOWED IN THE CASE OF TRANSFERS TO OR FROM POINTS OUTSIDE THE CONTINENTAL UNITED STATES: * * * THUS, TRANSPORTATION SHALL BE ALLOWED AT GOVERNMENT EXPENSE FOR PROPERTY WHEN PACKED, CRATED, BOXED, OR PLACED IN LIFT VANS FOR SHIPMENT, WITHIN THE FOLLOWING MAXIMUM WEIGHTS:

EMPLOYEES HAVING IMMEDIATE FAMILY: SHIPMENT INVOLVING POUNDS

TRANSPORTATION BY VESSEL OVER ALL

OR PART OF ROUTE * * *-------------------------------- 8,750

(B) VOLUME. WHERE CHARGES FOR TRANSPORTATION ARE COMPUTED ON A BASIS OF MEASUREMENT RATHER THAN WEIGHT, CHARGES WILL BE ALLOWED REGARDLESS OF WEIGHT FOR NOT TO EXCEED 25 MEASUREMENT TONS OF FORTY CUBIC FEET EACH INCLUSIVE OF PACKING, CRATING, AND LIFT VANS: * * *

(C) WEIGHT AND VOLUME ON SAME SHIPMENT. WHEN SHIPMENT MUST BE MADE OVER SUCH A ROUTE THAT THE TRANSPORTATION NECESSARILY INVOLVES CHARGES BASED UPON WEIGHT OVER PART OF THE DISTANCE AND UPON MEASUREMENT OVER ANOTHER PART OF THE DISTANCE, THE FOLLOWING CONDITIONS SHALL APPLY: (1) IF THE WEIGHT DOES NOT EXCEED THE LIMITATIONS PRESCRIBED IN SUBSECTION (A) PAYMENT SHALL BE ALLOWED FOR ACTUAL CHARGES OVER THE ENTIRE DISTANCE REGARDLESS OF WHETHER THE MEASUREMENT IS IN EXCESS OF THE LIMITATIONS IMPOSED BY SUBSECTION (B); (2) IF BOTH WEIGHT AND MEASUREMENT ARE IN EXCESS OF THE PRESCRIBED LIMITATIONS PAYMENT SHALL NOT BE ALLOWED FOR THE EXCESS BY WEIGHT OVER THAT PART OF THE DISTANCE WHERE CHARGES ARE BASED ON WEIGHT, OR FOR THE EXCESS BY MEASUREMENT OVER THAT PART OF THE DISTANCE WHERE CHARGES ARE BASED ON MEASUREMENT.

SEC. 18. ALLOWANCES FOR PACKING, CRATING, UNPACKING, AND UNCRATING. THE ACTUAL COSTS OF PACKING, CRATING, UNPACKING, AND UNCRATING (NOT TO EXCEED THE AUTHORIZED WEIGHT) SHALL BE ALLOWED.

SEC. 19. ALLOWANCES FOR DRAYAGE. IN CASE DOOR-TO-DOOR COMMON CARRIER RATES ARE NOT APPLICABLE, THE ACTUAL COSTS OF DRAYAGE (NOT TO EXCEED THE AUTHORIZED WEIGHT) TO AND FROM THE COMMON CARRIER SHALL BE ALLOWED.

IT IS APPARENT FROM THE WORDING OF SECTIONS 17, 18, AND 19, ABOVE, THAT THE EXECUTIVE ORDER CONTEMPLATES THE SEPARATE CONSIDERATION OF THE ACTUAL TRANSPORTATION CHARGES AND THE DRAYAGE, PACKING, CRATING, UNPACKING, AND UNCRATING CHARGES. SECTION 17 OF THE EXECUTIVE ORDER LIMITS ITS PROVISIONS TO THE CHARGES FOR TRANSPORTATION ONLY, AND SECTION 17 (B) APPLIES ONLY WHEN THE TRANSPORTATION CHARGES ARE COMPUTED ON THE BASIS OF MEASUREMENT RATHER THAN WEIGHT.

HERE, THE RECORD SHOWS THAT BLACK BALL TRANSPORT, INC., COMPUTED ITS CHARGES ON A WEIGHT BASIS, AND IT APPEARS THAT THE CHARGES OF YAMADA TRANSFER WERE FOR DRAYAGE, PACKING, AND CRATING ONLY. THEREFORE, THE MEASUREMENT PROVISION OF SECTION 17 (B) WOULD NOT BE APPLICABLE IN DETERMINING THE PORTION OF THE CHARGES OF BLACK BALL TRANSPORT, INC., AND YAMADA TRANSFER CHARGEABLE TO MR. BOHLIN AS EXCESS COST, AND SUCH EXCESS CHARGES, IN THE AMOUNTS OF $83.76 AND $70.43, COMPUTED UPON THE BASIS OF THE EXCESS WEIGHT OF THE HOUSEHOLD GOODS SHIPPED, WERE PROPERLY ASSESSED AGAINST MR. BOHLIN.

HOWEVER, REGARDING THE EXCESS COST OF THE OCEAN TRANSPORTATION, THE RECORD SHOWS THAT WHILE THE COMPUTATION OF THE EXCESS COSTS OF THE OCEAN TRANSPORTATION OF THE HOUSEHOLD GOODS WAS ALSO UPON A WEIGHT BASIS, THE CHARGE OF MATSON NAVIGATION COMPANY, AS DISCLOSED BY THE BILL OF LADING, WAS COMPUTED UPON A MEASUREMENT BASIS. SECTION 17 (B) OF EXECUTIVE ORDER NO. 10196 DIRECTS THAT WHEN THE TRANSPORTATION CHARGES ARE COMPUTED UPON THE BASIS OF MEASUREMENT RATHER THAN WEIGHT SUCH CHARGES BE ALLOWED, REGARDLESS OF WEIGHT, FOR NOT TO EXCEED 1,000 CUBIC FEET; AND, SINCE THE VOLUME MEASUREMENT OF MR. BOHLIN'S HOUSEHOLD GOODS WAS 976 CUBIC FEET, NONE OF THE COST OF THE OCEAN TRANSPORTATION SHOULD HAVE BEEN CHARGED TO MR. BOHLIN. THEREFORE, $103.11 REPRESENTING EXCESS COSTS OF THE OCEAN TRANSPORTATION PROPERLY IS FOR REIMBURSEMENT.

THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT IN THE AMOUNT OF $103.11, IF OTHERWISE CORRECT.