B-152923, JAN. 16, 1964

B-152923: Jan 16, 1964

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NO QUESTION HAS BEEN RAISED CONCERNING THE MILEAGE AND YOU STATE THAT THE ITEM REPRESENTING PER DIEM WILL BE DEDUCTED. OUR DISCUSSION WILL BE CONFINED TO THAT PART OF THE CLAIM PERTAINING TO THE TRANSPORTATION OF THE HOUSE TRAILER AND THE HOUSEHOLD EFFECTS. THE VOUCHER INDICATES THAT NEW ELECTRICAL WIRING OF THE TRAILER WAS REQUIRED UNDER THE LAWS OF CALIFORNIA. THE RECEIPT OF THOMAS SANDERS FOR $35 IS STATED TO COVER THE COST OF HAULING BY SEPARATE CONVEYANCE THE TRAILER STEPS. "A. AN EMPLOYEE WHO IS ENTITLED TO TRANSPORTATION OF HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS UNDER SECTIONS 1 AND 2. "A. WHEN A TRAILER IS TRANSPORTED BY A COMMERCIAL CARRIER. THE DISTANCE HERE WAS 133 MILES HENCE THE CHARGE IS CORRECT AND MAY BE ALLOWED.

B-152923, JAN. 16, 1964

TO MR. N. O. WOOD, JR., CERTIFYING OFFICER, U.S. DEPARTMENT OF THE INTERIOR:

ON NOVEMBER 15, 1963, YOU REQUESTED OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT TO CARMEN ALVAREZ, AN EMPLOYEE OF THE OFFICE OF THE SOLICITOR, DEPARTMENT OF THE INTERIOR, A VOUCHER IN THE AMOUNT OF $160.57, REPRESENTING TRAVEL EXPENSES, PER DIEM AND TRANSPORTATION OF EFFECTS AND HOUSE TRAILER INCIDENT TO HER CHANGE OF STATION.

PURSUANT TO ORDERS MISS ALVAREZ DEPARTED CARSON CITY, NEVADA, BY PRIVATELY-OWNED AUTOMOBILE AT 9 A.M., ON SEPTEMBER 28, 1963, AND ARRIVED AT SACRAMENTO, CALIFORNIA, AT 1 P.M., THE SAME DAY. SHE CLAIMS MILEAGE AT THE AUTHORIZED RATE AND PER DIEM IN THE SUM OF $4. NO QUESTION HAS BEEN RAISED CONCERNING THE MILEAGE AND YOU STATE THAT THE ITEM REPRESENTING PER DIEM WILL BE DEDUCTED. HENCE, OUR DISCUSSION WILL BE CONFINED TO THAT PART OF THE CLAIM PERTAINING TO THE TRANSPORTATION OF THE HOUSE TRAILER AND THE HOUSEHOLD EFFECTS.

THE RECEIPTED INVOICE OF DAWN TRAILAWAY SHOWS A MINIMUM CHARGE OF $55 FOR TRANSPORTING THE HOUSE TRAILER AND CONTENTS, $3 COVERING 30 "DEAD HEAD MILES" (RENO TO CARSON CITY), A CALIFORNIA TAX OF $0.75 AND $25 FOR SERVICE WHICH THE VOUCHER SHOWS INCLUDED LABOR FOR DISMANTLING AND RESETTING THE TRAILER WITH NEW INSTALLATIONS.

THE RECEIPTED INVOICE OF THE ALLIED TRAILER STORES COVERS THE PURCHASE OF WIRE, ETC., IN THE SUM OF $22.10. THE VOUCHER INDICATES THAT NEW ELECTRICAL WIRING OF THE TRAILER WAS REQUIRED UNDER THE LAWS OF CALIFORNIA.

THE RECEIPT OF THOMAS SANDERS FOR $35 IS STATED TO COVER THE COST OF HAULING BY SEPARATE CONVEYANCE THE TRAILER STEPS, AIR CONDITIONER, OIL DRUM AND STAND, OIL LINE, COVERING FOR BOTTOM OF TRAILER, SEWER LINES, WATER LINES, ELECTRIC LINES AND THE INSTALLING OF NEW ELECTRIC LINES SAID TO BE REQUIRED BY THE LAWS OF CALIFORNIA.

SECTION 6 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, AS REVISED EFFECTIVE OCTOBER 9, 1962, PROVIDES IN PERTINENT PART AS FOLLOWS:

"6.1 ELIGIBILITY FOR ALLOWANCES.

"A. AN EMPLOYEE WHO IS ENTITLED TO TRANSPORTATION OF HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS UNDER SECTIONS 1 AND 2, 3, 5, OR 7 OF THESE REGULATIONS SHALL, IN LIEU OF SUCH TRANSPORTATION, BE ENTITLED TO AN ALLOWANCE, AS PROVIDED IN THIS SECTION, FOR THE TRANSPORTATION OF A HOUSE TRAILER FOR USE AS A RESIDENCE.

"A. WHEN A TRAILER IS TRANSPORTED BY A COMMERCIAL CARRIER,

"/1) THE ALLOWANCE SHALL INCLUDE IN THE CARRIER'S CHARGES FOR ACTUAL TRANSPORTATION OF THE TRAILER IN AN AMOUNT NOT EXCEEDING THE APPLICABLE TARIFF AS APPROVED BY THE INTERSTATE COMMERCE COMMISSION OR SIMILAR STATE REGULATORY BODY FOR MOVEMENT OF A TRAILER OF THE SIZE AND TYPE INVOLVED FOR THE DISTANCE INVOLVED, COMPUTED AS PROVIDED IN SUBSECTION 6.2.

"/2) THE ALLOWANCE ALSO SHALL INCLUDE FERRY FARES AND BRIDGE, ROAD AND TUNNEL TOLLS, TAXES, CHARGES OR FEES FIXED BY A STATE OR MUNICIPAL AUTHORITY FOR PERMITS TO TRANSPORT HOUSE TRAILERS IN OR THROUGH ITS JURISDICTION, SIMILAR CHARGES IMPOSED BY A CANADIAN JURISDICTION FOR A TRAILER BEING TRANSPORTED BETWEEN ALASKA AND ELSEWHERE IN THE CONTINENTAL UNITED STATES, AND CARRIERS' SERVICE CHARGES FOR OBTAINING SUCH PERMITS.

"/3) ALLOWANCES SHALL NOT INCLUDE COSTS OF PREPARING TRAILERS FOR MOVEMENT, MAINTENANCE, REPAIRS, STORAGE, INSURANCE FOR VALUATION OF TRAILERS ABOVE CARRIERS' MAXIMUM RESPONSIBILITY, NOR CHARGES DESIGNATED IN THE TARIFFS AS "SPECIAL SERVICE.'" THE APPLICABLE TARIFF (DAWN TRAILAWAY LOCAL FREIGHT TARIFF NO. 1 MF-I.C.C. NO. 1) PROVIDES FOR A MINIMUM CHARGE OF $55 FOR DISTANCES BETWEEN 125 AND 150 MILES. THE DISTANCE HERE WAS 133 MILES HENCE THE CHARGE IS CORRECT AND MAY BE ALLOWED. THE CHARGE OF $3 FOR 30 MILES DEAD HEAD AT $0.10 PER MILE AND THE CALIFORNIA TAX OF $0.75 ALSO ARE CORRECT AND MAY BE ALLOWED. THERE ARE NO PROVISIONS IN THE TARIFF FOR DISMANTLING AND RESETTING OF THE TRAILER, EXTRA CHARGES FOR HAULING THE TRAILER ACCESSORIES OR FOR THE PURCHASE AND INSTALLATION OF ELECTRICAL WIRING. THE COST OF DISMANTLING, ETC., OF THE TRAILER IS SPECIFICALLY EXCLUDED BY PARAGRAPH 3, QUOTED ABOVE, AS IS THE COST OF REWIRING WHICH IS REGARDED AS A MAINTENANCE CHARGE RATHER THAN A TRANSPORTATION EXPENSE.

THE VOUCHER, WHICH IS RETURNED HEREWITH, SHOULD BE MODIFIED ACCORDINGLY.