B-145019, MARCH 10, 1961, 40 COMP. GEN. 507

B-145019, MARCH 10, 1961, 40 COMP. GEN. 507

CIVILIAN PERSONNEL - HOUSEHOLD EFFECTS - TRANSPORTATION - ISLAND SHIPMENTS - GREAT LAKES STATES THE STATE OF OHIO FROM WHICH A SHIPMENT OF HOUSEHOLD EFFECTS OF A CIVILIAN EMPLOYEE MOVED INCIDENT TO A PERMANENT CHANGE OF STATION IS NOT A STATE BOUNDING ON THE SEA TO BE TERMED A COASTAL STATE WITHIN THE MEANING OF THE NOTE ON PAGE 9 OF BUREAU OF THE BUDGET CIRCULAR NO. A 37, TRANSMITTAL MEMORANDUM NO. 3, OCTOBER 22, 1959, WHICH AUTHORIZES PAYMENT FOR THE USE OF FERRY SERVICE FOR HOUSEHOLD EFFECTS SHIPMENTS BY COMMON CARRIER HAVING THEIR ORIGIN OR DESTINATION ON ANY OTHER ISLAND OF ONE OF THE COASTAL STATES," THEREFORE, THE EMPLOYEE MAY NOT BE REIMBURSED FOR A FERRY CHARGE FOR THAT PART OF THE MOVEMENT OF EFFECTS FROM PUT-IN-1BAY, OHIO (AN ISLAND IN LAKE ERIE), TO CATAWBA ISLAND, OHIO.

TO MANLEY W. ALLEN, DEPARTMENT OF THE INTERIOR, MARCH 10, 1961:

ON JANUARY 25, 1961, YOUR REFERENCE F5023-ABF, YOU REQUESTED OUR DECISION WHETHER YOU MAY CERTIFY A VOUCHER FOR $30, IN FAVOR OF AUBREY F. HOUSTON, AN EMPLOYEE OF THE NATIONAL PARK SERVICE REPRESENTING REIMBURSEMENT FOR A FERRY CHARGE FROM PUT-IN-1BAY, OHIO TO CATAWBA ISLAND, OHIO. THE CHARGE WAS INCURRED IN CONJUNCTION WITH THE MOVEMENT OF THE EMPLOYEE'S HOUSEHOLD EFFECTS FROM PUT-IN-1BAY, OHIO, TO COOLIDGE, ARIZONA, INCIDENT TO HIS CHANGE OF STATION.

YOUR LETTER STATES THE FACTS AS FOLLOWS:

MR. HOUSTON HAS BEEN REIMBURSED FOR THE MOVEMENT OF HIS HOUSEHOLD GOODS AS PRESCRIBED BY EXECUTIVE ORDER NO. 9805 AS AMENDED BY EXECUTIVE ORDER NO. 10507, IN ACCORDANCE WITH THE COMMUTED RATE AS OUTLINED IN BUREAU OF THE BUDGET CIRCULAR NO. A-37, TRANSMITTAL MEMORANDUM NO. 3 OF OCTOBER 22, 1959.

THE NATIONAL MONUMENT IS ON SOUTH BASS ISLAND IN LAKE ERIE, ABOUT FOUR MILES FROM THE MAINLAND. PUT-IN-1BAY, OHIO, WHICH IS ON THE ISLAND, CAN BE REACHED BY MOTOR CARRIER TRANSPORTATION ONLY BY USE OF FERRY FROM CATAWBA ISLAND EIGHT MILES DISTANT, OR FROM PORT CLINTON FOURTEEN MILES ISTANT; IN THIS PARTICULAR CASE THE HOUSEHOLD GOODS WERE TRANSPORTED FROM PUT-IN-1BAY TO CATAWBA ISLAND. THE CURRENT ISSUE OF THE HIGHWAY MILEAGE GUIDE SHOWS CATAWBA ISLAND AS ONE OF THE HARD-SURFACE HIGHWAY TERMINUS SERVING PUT-IN-1BAY.

THE REGULATIONS GOVERNING THIS SHIPMENT ARE SET FORTH IN THE BUREAU OF THE BUDGET CIRCULAR CITED BY YOU. PROVISION IS MADE FOR EXTRA ALLOWANCES FOR FERRY AND BRIDGE SERVICE AT SPECIFIED RATES FOR SHIPMENTS MOVING BY COMMON CARRIER VIA THE POINTS LISTED THEREIN. NO POINT IN THE STATE OF OHIO IS INCLUDED NOR IS ANY PROVISION MADE FOR REIMBURSEMENT ON AN ACTUAL EXPENSE BASIS AS HERE CLAIMED. THEREFORE, AUTHORITY, IF ANY, FOR THE ALLOWANCE OF THIS CLAIM MUST BE FOUND IN THE FOLLOWING NOTE APPEARING ON PAGE 9 OF THE CIRCULAR:

FOR SHIPMENT BY COMMON CARRIER HAVING ITS ORIGIN OR DESTINATION ON ANY OTHER ISLAND OF ONE OF THE COASTAL STATES, EXCLUDING ALASKA, THAT CAN BE REACHED BY MOTOR CARRIER TRANSPORTATION ONLY BY USE OF FERRY OR SHIP, THE RATE SHALL BE $5.00 PER HUNDRED POUNDS ON THE BASIS OF ACTUAL WEIGHT.

THE ADDITIONAL ALLOWANCES PROVIDED BY THAT PARAGRAPH ARE EXPRESSLY LIMITED TO SHIPMENTS ORIGINATING OR TERMINATING ON ISLANDS OF THE COASTAL STATES. BLACK'S LAW DICTIONARY (3D EDITION) DEFINES THE WORD "COAST" AS "1THE EDGE OR MARGIN OF A COUNTRY BOUNDING ON THE SEA," AND STATES FURTHER," THE WORD IS PARTICULARLY APPROPRIATE TO THE EDGE OF THE SEA, WHILE "SHORE" MAY BE USED OF THE MARGIN OF INLAND WATERS.' MAHAR V. GARTLAND STEAMSHIP COMPANY, 154 F.2D 621, HOLDS THAT (P. 622)," A COUNTRY'S "COAST" ORDINARILY MEANS THOSE OF ITS BORDERS WASHED BY THE SEA, AND OUR SHORES ON THE GREAT LAKES DO NOT COME WITHIN THIS DEFINITION.' FROM THE FOREGOING DISCUSSION IT IS APPARENT THAT OHIO MAY NOT BE TERMED A COASTAL STATE WITHIN THE MEANING OF THE REGULATIONS.

THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT.