B-145578, APRIL 21, 1961, 40 COMP. GEN. 594

B-145578: Apr 21, 1961

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FOR THE TRANSPORTATION OF HOUSE TRAILERS OF CIVILIAN EMPLOYEES INCIDENT TO A PERMANENT CHANGE OF STATION IS IN LIEU OF ALL OTHER REIMBURSEMENT. SO THAT AN EMPLOYEE WHO WAS REQUIRED TO HAVE HIS HOUSE TRAILER TRANSPORTED BY COMMERCIAL STEAMSHIP BETWEEN CERTAIN POINTS IN ALASKA. WHERE THERE IS NO ROADWAY AND NO STANDARD MILEAGE GUIDE FOR DETERMINATION OF THE DISTANCES. HE IS ENTITLED TO REIMBURSEMENT UPON A MILEAGE BASIS FOR THE ENTIRE DISTANCE BETWEEN THE OLD AND NEW STATION IN ALASKA. EVEN THOUGH A PART OF THE DISTANCE WAS BY WATER AND PORTIONS OF THE DISTANCE ARE NOT SHOWN IN THE MILEAGE GUIDES. MORGAN STATES ON HIS RECLAIM VOUCHER THAT: $0.20 PER MILE FROM JUNEAU TO HAINES DOES NOT APPEAR TO BE APPLICABLE AS THERE IS NO ROAD OR FERRY CAPABLE OF TAKING THE HOUSE TRAILER FROM JUNEAU TO HAINES.

B-145578, APRIL 21, 1961, 40 COMP. GEN. 594

CIVILIAN PERSONNEL - TRANSPORTATION OF HOUSE TRAILER - POINTS IN ALASKA STEAMSHIP COSTS ALTHOUGH THE MILEAGE AUTHORIZED UNDER SECTION 1 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED, 5 U.S.C. 73B-1, FOR THE TRANSPORTATION OF HOUSE TRAILERS OF CIVILIAN EMPLOYEES INCIDENT TO A PERMANENT CHANGE OF STATION IS IN LIEU OF ALL OTHER REIMBURSEMENT, SO THAT AN EMPLOYEE WHO WAS REQUIRED TO HAVE HIS HOUSE TRAILER TRANSPORTED BY COMMERCIAL STEAMSHIP BETWEEN CERTAIN POINTS IN ALASKA, WHERE THERE IS NO ROADWAY AND NO STANDARD MILEAGE GUIDE FOR DETERMINATION OF THE DISTANCES, MAY NOT BE REIMBURSED FOR THE COST OF THE STEAMSHIP TRANSPORTATION, HE IS ENTITLED TO REIMBURSEMENT UPON A MILEAGE BASIS FOR THE ENTIRE DISTANCE BETWEEN THE OLD AND NEW STATION IN ALASKA, EVEN THOUGH A PART OF THE DISTANCE WAS BY WATER AND PORTIONS OF THE DISTANCE ARE NOT SHOWN IN THE MILEAGE GUIDES.

TO HORACE E. HARDAWAY, DEPARTMENT OF COMMERCE, APRIL 21, 1961:

ON MARCH 30, 1961, YOUR FILE NO. 24-21, YOU REQUESTED OUR DECISION CONCERNING THE PROPRIETY OF CERTIFYING FOR PAYMENT A RECLAIM VOUCHER IN FAVOR OF WAYNE C. MORGAN FOR AN ADDITIONAL AMOUNT ($324.75) CLAIMED AS REIMBURSEMENT FOR TRANSPORTING A HOUSE TRAILER FROM JUNEAU TO FAIRBANKS, ALASKA, INCIDENT TO MR. MORGAN'S CHANGE OF OFFICIAL STATION BETWEEN THOSE POINTS.

THE ADDITIONAL AMOUNT CLAIMED REPRESENTS THE COST OF TRANSPORTING THE TRAILER BY STEAMSHIP FROM JUNEAU TO HAINES, ALASKA. MR. MORGAN STATES ON HIS RECLAIM VOUCHER THAT:

$0.20 PER MILE FROM JUNEAU TO HAINES DOES NOT APPEAR TO BE APPLICABLE AS THERE IS NO ROAD OR FERRY CAPABLE OF TAKING THE HOUSE TRAILER FROM JUNEAU TO HAINES. THE BILL FROM ALASKA STEAMSHIP COMPANY FOR SHIPPING TRAILER FROM JUNEAU TO HAINES IS ATTACHED.

MR. MORGAN'S STATEMENT QUOTED ABOVE IS SUBSTANTIATED BY THE INFORMATION YOU RECEIVED FROM THE BUREAU OF PUBLIC ROADS REGIONAL OFFICE IN ALASKA WHICH REPORTED THAT THERE IS NO ROADWAY FROM JUNEAU TO OTHER SECTIONS OF ALASKA AND THAT THE FERRY SERVICE AVAILABLE CANNOT ACCOMMODATE VEHICLES WHICH ARE OVER 9 FEET HIGH OR 20 FEET LONG. ACCORDING TO MR. MORGAN'S STATEMENT HIS TRAILER IS 42 FEET BY 10 FEET.

THE AUTHORITY FOR TRANSPORTING TRAILERS AT GOVERNMENT EXPENSE IS CONTAINED IN SECTION 1 OF THE ADMINISTRATIVE EXPENSES ACT OF AUGUST 2, 1946, AS AMENDED FEBRUARY 12, 1958, 72 STAT. 14, 5 U.S.C. 73B-1 (B) READING AS FOLLOWS:

* * * UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, ANY CIVILIAN OFFICER OR EMPLOYEE WHO TRANSPORTS A HOUSE TRAILER OR MOBILE DWELLING WITHIN THE CONTINENTAL UNITED STATES, WITHIN ALASKA, OR BETWEEN THE CONTINENTAL UNITED STATES AND ALASKA, FOR USE AS A RESIDENCE AND WHO WOULD OTHERWISE BE ENTITLED TO TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS UNDER SUBSECTION (A) OF THIS SECTION SHALL BE ENTITLED TO A REASONABLE ALLOWANCE, NOT TO EXCEED 20 CENTS PER MILE, IN LIEU OF SUCH TRANSPORTATION.

UNDER THE QUOTED STATUTE AS WELL AS THE IMPLEMENTING REGULATIONS PROMULGATED BY THE BUREAU OF THE BUDGET IN ACCORDANCE WITH THE DELEGATION OF AUTHORITY BY THE PRESIDENT CONTAINED IN SECTION 1 (B) OF EXECUTIVE ORDER NO. 10530, MAY 10, 1954, AS AMENDED BY EXECUTIVE ORDER NO. 10759, MARCH 17, 1958, REIMBURSEMENT IS AUTHORIZED UPON A MILEAGE BASIS ONLY. THE MILEAGE AUTHORIZED TO BE PAID--- NOT TO EXCEED 20 CENTS PER MILE--- WHEN THE HOUSE TRAILER IS TRANSPORTED BY A COMMERCIAL HAULER IS IN LIEU OF ALL OTHER REIMBURSEMENT. THEREFORE, WE KNOW OF NO AUTHORITY FOR REIMBURSING MR. MORGAN THE COMMERCIAL COST OF STEAMSHIP TRANSPORTATION OF THE TRAILER FROM JUNEAU TO HAINES.

HOWEVER, MILEAGE REIMBURSEMENT MAY BE MADE COVERING THE DISTANCE BETWEEN JUNEAU AND HAINES. WHILE THE REGULATIONS PROMULGATED BY THE BUREAU OF THE BUDGET PROVIDE FOR THE USE OF STANDARD HIGHWAY MILEAGE IN COMPUTING DISTANCES FOR WHICH TRAILER REIMBURSEMENT (MILEAGE) IS AUTHORIZED, EVEN THOUGH A PART OF THE ACTUAL TRAILER TRANSPORTATION IS BY RAILROAD OR WATER, NOTHING IN THOSE REGULATIONS COVERS A SITUATION, WHOLLY IN ALASKA, WHEN THERE ARE NO ROADS COVERING PORTIONS OF THE TRANSPORTATION AND NO DISTANCE IS SHOWN IN THE MILEAGE GUIDE BETWEEN THE POINTS IN QUESTION. THINK THAT THE LAW ITSELF CONTEMPLATES REIMBURSEMENT UPON A MILEAGE BASIS FOR THE ENTIRE DISTANCE BETWEEN THE OLD AND NEW OFFICIAL STATION AND NOT JUST FOR THOSE PORTIONS OF THE TRANSPORTATION FOR WHICH DISTANCES ARE SHOWN IN STANDARD MILEAGE TABLES OR ON MILEAGE GUIDES. CF. SECTION 31 (A) (3), SECOND SENTENCE, OF THE REGULATIONS.

JUDGING FROM THE SCALE OF THE MILEAGE MAPS THAT WE HAVE EXAMINED RELATING TO ALASKA IT WOULD APPEAR THAT THE DISTANCE FROM JUNEAU TO HAINES IS ABOUT 80 MILES. THEREFORE, WE WOULD NOT OBJECT TO YOUR REIMBURSING MR. MORGAN FOR THE DISTANCE BETWEEN JUNEAU AND HAINES UPON THAT BASIS; BUT SHOULD THE REGIONAL OFFICE IN ALASKA BE AWARE OF A MORE EXACT METHOD OF CALCULATION, THEN THE ALLOWANCE OF THE MILEAGE BETWEEN THOSE POINTS SHOULD BE DETERMINED UPON THAT BASIS.