B-145519, MAY 1, 1961

B-145519: May 1, 1961

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SMITH WAS AUTHORIZED TO TRAVEL FROM BIG BEND NATIONAL PARK. TEMPORARY STORAGE OF HIS HOUSEHOLD EFFECTS WAS ALSO AUTHORIZED. HIS HOUSEHOLD EFFECTS WERE PICKED UP AT BIG BEND NATIONAL PARK ON DECEMBER 21. WERE STORED EN ROUTE AT FLAGSTAFF. NO COMMERCIAL STORAGE FACILITIES WERE AVAILABLE IN THE GRAND CANYON AREA. SMITH'S HOUSEHOLD GOODS WERE LATER TRANSPORTED FROM THE STORAGE POINT TO HIS NEW STATION. HE WAS PAID A COMMUTED RATE FOR TRANSPORTATION OF THE EFFECTS FROM THE OLD TO THE NEW DUTY STATION AND THE ACTUAL EXPENSES OF THE STORAGE OF THE GOODS. REIMBURSEMENT SHALL BE MADE TO THE EMPLOYEE ON A COMMUTED BASIS AT RATES PER HUNDRED POUNDS AS FIXED BY ZONES IN SCHEDULE A WHICH IS ATTACHED TO AND MADE A PART OF THESE REGULATIONS.

B-145519, MAY 1, 1961

TO AUTHORIZED CERTIFYING OFFICER, NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR, GRAND CANYON NATIONAL PARK:

YOUR LETTER OF MARCH 20, 1961, REFERENCE W1819, REQUESTS OUR DECISION WHETHER MR. PERVY R. SMITH, AN EMPLOYEE OF THE NATIONAL PARK SERVICE, MAY BE PAID AN ADDITIONAL AMOUNT INCURRED IN THE MOVEMENT OF HIS HOUSEHOLD EFFECTS INCIDENT TO HIS CHANGE OF STATION.

BY TRAVEL AUTHORIZATION 15-113 ISSUED DECEMBER 19, 1960, AND AMENDED AUTHORIZATION DATED JANUARY 12, 1961, MR. SMITH WAS AUTHORIZED TO TRAVEL FROM BIG BEND NATIONAL PARK, TEXAS, TO GRAND CANYON NATIONAL PARK, ARIZONA, IN CONNECTION WITH HIS CHANGE OF OFFICIAL STATION. THE TRAVEL ORDER, AS AMENDED, ALSO AUTHORIZED SHIPMENT OF HIS HOUSEHOLD EFFECTS AT A COMMUTED ALLOWANCE BASED ON THE SHORTLINE HIGHWAY DISTANCE OF 925 MILES. TEMPORARY STORAGE OF HIS HOUSEHOLD EFFECTS WAS ALSO AUTHORIZED.

YOU SAY THAT MR. SMITH DEPARTED HIS OLD STATION AT BIG BEND NATIONAL PARK, TEXAS, ON DECEMBER 23, 1960, AND ARRIVED AT THE NEW STATION AT GRAND CANYON ON JANUARY 4, 1961. HIS HOUSEHOLD EFFECTS WERE PICKED UP AT BIG BEND NATIONAL PARK ON DECEMBER 21, AND WERE STORED EN ROUTE AT FLAGSTAFF, ARIZONA, FROM DECEMBER 22, 1960, UNTIL JANUARY 4, 1961, A DISTANCE OF 87 MILES FROM THE EMPLOYEE'S NEW STATION, BECAUSE THE QUARTERS ASSIGNED TO MR. SMITH AT THE NEW STATION WOULD NOT BE READY FOR HIS OCCUPANCY UNTIL JANUARY 3, 1961, AND NO COMMERCIAL STORAGE FACILITIES WERE AVAILABLE IN THE GRAND CANYON AREA. MR. SMITH'S HOUSEHOLD GOODS WERE LATER TRANSPORTED FROM THE STORAGE POINT TO HIS NEW STATION. HE WAS PAID A COMMUTED RATE FOR TRANSPORTATION OF THE EFFECTS FROM THE OLD TO THE NEW DUTY STATION AND THE ACTUAL EXPENSES OF THE STORAGE OF THE GOODS.

MR. SMITH CONTENDS THAT "DRAYAGE" FROM FLAGSTAFF TO GRAND CANYON SHOULD BE ALLOWED AS AN EXPENSE OF STORAGE AND THE DISTANCE USED IN COMPUTING THE ALLOWANCE FOR TRANSPORTATION BE REDUCED TO THE MILEAGE FROM BIG BEND NATIONAL PARK TO FLAGSTAFF, RATHER THAN FROM BIG BEND TO GRAND CANYON.

SECTION 12 OF EXECUTIVE ORDER NO. 9805, AS AMENDED BY EXECUTIVE ORDER NO. 10507 PROVIDES AS FOLLOWS:

" "SEC. 12. (A) COMMUTATION OF EXPENSES--- GENERAL. IN LIEU OF THE PAYMENT OF ACTUAL EXPENSES OF TRANSPORTATION, PACKING, CRATING, DRAYAGE, AND UNPACKING OF HOUSEHOLD GOODS AND PERSONAL EFFECTS IN THE CASE OF TRANSFERS BETWEEN POINTS WITHIN THE CONTINENTAL UNITED STATES, REIMBURSEMENT SHALL BE MADE TO THE EMPLOYEE ON A COMMUTED BASIS AT RATES PER HUNDRED POUNDS AS FIXED BY ZONES IN SCHEDULE A WHICH IS ATTACHED TO AND MADE A PART OF THESE REGULATIONS. THE AMOUNT PAYABLE SHALL BE THE PRODUCT OF THE APPLICABLE RATE AND THE NET WEIGHT OF HOUSEHOLD GOODS AND PERSONAL EFFECTS ACTUALLY TRANSPORTED (WITHIN THE WEIGHT LIMITATION PRESCRIBED BY SECTION 16 HEREOF). * * *

"/B) COMMUTATION OF EXPENSES--- TEMPORARY STORAGE. IN LIEU OF THE PAYMENT OF ACTUAL EXPENSES OF TEMPORARY STORAGE OF HOUSEHOLD GOODS AND PERSONAL EFFECTS IN THE CASE OF TRANSFERS BETWEEN POINTS WITHIN THE CONTINENTAL UNITED STATES AND IN ADDITION TO ALLOWANCES UNDER SCHEDULE A, REIMBURSEMENT SHALL BE MADE TO THE EMPLOYEE AT THE COMMUTED RATE OF $2.00 PER HUNDRED POUNDS FOR THE FIRST 30 DAYS OF STORAGE OR FRACTION THEREOF PLUS 50 CENTS PER HUNDRED POUNDS FOR THE NEXT 30 DAYS OR FRACTION THEREOF: PROVIDED HOWEVER, THAT THE AMOUNT OF THE REIMBURSEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY THE EMPLOYEE FOR THE STORAGE IN QUESTION. ANY CLAIM FOR REIMBURSEMENT FOR TEMPORARY STORAGE SHALL BE SUPPORTED BY THE ORIGINAL OR CERTIFIED COPY OF THE RECEIPTED WAREHOUSE BILL.'"

UNDER THE ABOVE QUOTED EXECUTIVE ORDER THE REIMBURSEMENT FOR STORAGE MAY NOT EXCEED THE AMOUNT ACTUALLY PAID BY THE EMPLOYEE FOR THE STORAGE INVOLVED. FURTHERMORE, SINCE THE EXECUTIVE ORDER PROVIDES A SEPARATE BASIS FOR PAYMENT OF TEMPORARY STORAGE EXPENSES, THE COMMUTED RATE FOR TRANSPORTATION MAY NOT BE APPLIED AGAINST STORAGE, NOR MAY SUCH A RATE FOR STORAGE CHARGES BE APPLIED AGAINST TRANSPORTATION COSTS.

DRAYAGE IS DEFINED, GENERALLY, AS THE MOVEMENT OF SUPPLIES OR COMMODITIES WHOLLY WITHIN A RECOGNIZED METROPOLITAN AREA IN WHICH BOTH THE POINT OF PICK UP AND DELIVERY ARE LOCATED. ON THE OTHER HAND, "TRANSPORTATION CHARGES," GENERALLY, REFERS TO LINE-HAUL OR INTERCITY CHARGES FOR TRANSPORTATION SERVICES. SEE GENERALLY 40 COMP. GEN. 199.

IT FOLLOWS, THEREFORE, THAT ONLY THOSE DRAYAGE CHARGES INCURRED IN CONNECTION WITH THE TEMPORARY STORAGE OF HOUSEHOLD EFFECTS--- AS DISTINGUISHED FROM SO-CALLED DRAYAGE CHARGES INCURRED IN CONNECTION WITH THE TRANSPORTATION THEREOF--- MAY BE ALLOWED AS A NECESSARY CHARGE INCIDENTAL TO SUCH TEMPORARY STORAGE IN AN AMOUNT WHICH, WITH THE ACTUAL STORAGE CHARGE, ACCORDS WITH SUBSECTION 12 (B) OF THE ABOVE QUOTED EXECUTIVE ORDER.

IN VIEW OF THE ABOVE DISCUSSION, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY NOT BE CERTIFIED ..END :