B-150180, NOV. 14, 1962

B-150180: Nov 14, 1962

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EGER WAS APPOINTED TO A POSITION DESIGNATED AS A "HARD TO GET" POSITION BY THE CIVIL SERVICE COMMISSION AND WAS PROPERLY AUTHORIZED TO MOVE HIS HOUSEHOLD GOODS FROM FLOSSMOOR. THE HOUSEHOLD GOODS WERE TRANSPORTED ON JUNE 17. WHILE THE INFORMATION FURNISHED DOES NOT SHOW WHETHER OTHER HOUSEHOLD GOODS WERE SHIPPED AT GOVERNMENT EXPENSE WE ASSUME THAT THE 560 POUNDS TRANSPORTED BY PRIVATELY-OWNED AUTOMOBILE WAS THE ONLY SHIPMENT OF HOUSEHOLD GOODS MADE INCIDENT TO THE MOVE INVOLVED AND OUR DECISION WILL BE BASED ON THAT ASSUMPTION. THE AUTHORITY FOR THE TRANSPORTATION TO THE FIRST DUTY STATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS ON A COMMUTED BASIS OF PERSONS SELECTED FOR APPOINTMENT TO POSITIONS FOR WHICH THERE IS DETERMINED BY THE CIVIL SERVICE COMMISSION TO BE A MANPOWER SHORTAGE IS CONTAINED IN SECTION 7 (B) OF THE ADMINISTRATIVE EXPENSES ACT OF 1946.

B-150180, NOV. 14, 1962

MR. WILLIAM M. THOMPSON, AUTHORIZED CERTIFYING OFFICER, NATIONAL AERONAUTICS AND SPACE ADMINISTRATION:

YOUR LETTER OF OCTOBER 15, 1962, WITH ENCLOSURES, REFERENCE BFA, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE VOUCHER THEREWITH TRANSMITTED FOR $74.76, IN FAVOR OF RICHARD T. EGER AN EMPLOYEE OF THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION FOR REIMBURSEMENT OF TRANSPORTATION OF HOUSEHOLD GOODS.

YOU SAY THAT MR. EGER WAS APPOINTED TO A POSITION DESIGNATED AS A "HARD TO GET" POSITION BY THE CIVIL SERVICE COMMISSION AND WAS PROPERLY AUTHORIZED TO MOVE HIS HOUSEHOLD GOODS FROM FLOSSMOOR, ILLINOIS, TO HIS FIRST PERMANENT DUTY STATION AT CLEVELAND, OHIO. MR. EGER PROCEEDED FROM FLOSSMOOR TO CLEVELAND, A DISTANCE OF 353 MILES, IN HIS PRIVATELY-OWNED AUTOMOBILE AND TRANSPORTED 560 POUNDS OF HOUSEHOLD GOODS WITH HIM. MR. EGER FURNISHED A COPY OF WEIGHT CERTIFICATE FROM THE ILLINOIS STATE POLICE SHOWING THE WEIGHT OF THE VEHICLE AS 2,760 POUNDS EMPTY AND THE LOADED WEIGHT 3,320 POUNDS. THE HOUSEHOLD GOODS WERE TRANSPORTED ON JUNE 17, 1962. WHILE THE INFORMATION FURNISHED DOES NOT SHOW WHETHER OTHER HOUSEHOLD GOODS WERE SHIPPED AT GOVERNMENT EXPENSE WE ASSUME THAT THE 560 POUNDS TRANSPORTED BY PRIVATELY-OWNED AUTOMOBILE WAS THE ONLY SHIPMENT OF HOUSEHOLD GOODS MADE INCIDENT TO THE MOVE INVOLVED AND OUR DECISION WILL BE BASED ON THAT ASSUMPTION.

THE AUTHORITY FOR THE TRANSPORTATION TO THE FIRST DUTY STATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS ON A COMMUTED BASIS OF PERSONS SELECTED FOR APPOINTMENT TO POSITIONS FOR WHICH THERE IS DETERMINED BY THE CIVIL SERVICE COMMISSION TO BE A MANPOWER SHORTAGE IS CONTAINED IN SECTION 7 (B) OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, 60 STAT. 808, AS AMENDED, 5 U.S.C. 73B-3 (B), AND SECTION 2.1D OF BUREAU OF BUDGET CIRCULAR NO. A-56, EFFECTIVE JUNE 1, 1962. THE CIRCULAR CITED PROVIDES THAT "THE AMOUNT TO BE PAID TO THE EMPLOYEE FOR TRANSPORTATION AND RELATED SERVICES IS COMPUTED BY MULTIPLYING THE NUMBER OF HUNDRED OF POUNDS * * * BY THE APPLICABLE RATE PER HUNDRED POUNDS FOR THE DISTANCE SHIPPED * * *.' SINCE MR. EGER HAS FURNISHED ACCEPTABLE EVIDENCE OF THE WEIGHT OF THE HOUSEHOLD GOODS MOVED, THE FACT THAT THEY WERE TRANSPORTED IN HIS PRIVATELY-OWNED AUTOMOBILE WOULD NOT PREVENT HIM FROM BEING REIMBURSED AT THE PROPER COMMUTED RATE. SEE B-144518, DATED JANUARY 13, 1961; B-137422, DATED NOVEMBER 5, 1958; B-130874, DATED APRIL 10, 1957.

IT IS NOTED THAT THE VOUCHER PROPOSES TO PAY MR. EGER AN ADDITIONAL ALLOWANCE FOR SHIPMENT ORIGINATING IN COOK COUNTY, ILLINOIS, AND TERMINATING IN CUYAHOGA COUNTY, OHIO. GENERAL SERVICES ADMINISTRATION CIRCULAR NO. 263, DATED MAY 1, 1962, ISSUED PURSUANT TO BUREAU OF BUDGET CIRCULAR NO. A-56, PRESCRIBING A COMMUTED RATE TO BE USED IN REIMBURSING CIVILIAN EMPLOYEES OF THE FEDERAL GOVERNMENT FOR TRANSPORTATION EXPENSES INCURRED IN MOVING THEIR HOUSEHOLD GOODS AND PERSONAL EFFECTS, PROVIDES IN PART ON PAGES 13 AND 14 AS FOLLOWS:

"METROPOLITAN AREAS: TO THE AMOUNT COMPUTED FROM TABLE 1, 2, 3, OR 4, WHICHEVER APPLIES, ADD (A) 50 CENTS PER HUNDRED POUNDS FOR EACH SHIPMENT BY COMMON CARRIER ORIGINATING OR TERMINATING, OR BOTH, IN ONE OF THE AREAS DESCRIBED BELOW, OR (B) ADD $1.00 PER HUNDRED POUNDS FOR EACH SHIPMENT BY COMMON CARRIER ORIGINATING IN ONE OF SUCH AREAS AND TERMINATING IN ANOTHER OF SUCH AREAS. THE 500 POUND MINIMUM WEIGHT ALLOWANCE APPLIES.

"ILLINOIS: ALL POINTS AND PLACES IN COOK, LAKE, AND DU PAGE COUNTIES * *

"OHIO:* * * * * *

CLEVELAND AND INCLUDING ANY POINT IN CUYAHOGA AND LAKE COUNTIES.'

WHILE THE TERM "COMMON CARRIER" IS NOT DEFINED IN THE ABOVE MENTIONED REGULATIONS OUR VIEW IS THAT THE TERM CONTEMPLATES THOSE WHO HOLD THEMSELVES OUT TO THE PUBLIC AS ENGAGED IN THE BUSINESS OF TRANSPORTING PROPERTY FROM PLACE TO PLACE FOR COMPENSATION. SEE WASHINGTON EX REL. STIMSSON LUMBER COMPANY V. KUYKENDALL, 275 U.S. 207; LIVERPOOL AND GREAT WESTERN STEAM COMPANY V. PHENIX INSURANCE COMPANY, 129 U.S. 397; PROPELLER NIAGARA V. CORDES, ET AL., 21 HOW. 7; UNITED STATES V. RAMSEY, 197 F. 144. PERSONS TRANSPORTING THEIR OWN PROPERTY ARE NOT CLASSIFIED AS COMMON CARRIERS. SEE COOPERATIVE LEGISLATIVE COMMITTEE OF R.R. BROTHERHOODS V. PUBLIC UTILITIES COMMISSION, 80 N.E.2D. 159.

THEREFORE, UNDER THE CIRCUMSTANCES MR. EGER WOULD NOT BE ENTITLED TO THE ADDITIONAL AMOUNT CLAIMED WHICH IS ALLOWABLE ONLY WHEN A COMMON CARRIER IS USED IN TRANSPORTING HOUSEHOLD GOODS BETWEEN COOK COUNTY AND CUYAHOGA COUNTY.

ACTION ON THE VOUCHER RETURNED HEREWITH, IF IT IS OTHERWISE CORRECT, SHOULD BE TAKEN IN ACCORDANCE WITH THE FOREGOING.