B-159415, JUL. 5, 1966

B-159415: Jul 5, 1966

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YOU SAY THAT YOUR ONLY UNCERTAINTY IS THE PAYMENT OF THAT PART PERTAINING TO THE CLAIM FOR $432.50. AIKEN SAID THAT WHEN OBTAINING ESTIMATES FOR THE MOVE HE FOUND THAT HE COULD HAVE HIS FURNISHINGS MOVED WITHIN FIVE DAYS BASED ON A MINIMUM WEIGHT OF 4. OR HAVE THEM PLACED IN STORAGE AND HELD FOR CONSOLIDATION WITH OTHER GOODS. MIGHT PROVE DETRIMENTAL TO THE HEALTH OF HIS WIFE WHO WAS 7 MONTHS PREGNANT AT THE TIME. THE CLAIMANT WAS DIRECTED TO BEGIN TRAVEL TO HIS NEW DUTY STATION OCTOBER 10. HIS DEPENDENTS WERE AUTHORIZED TO TRAVEL AT A LATER DATE. - WERE SHIPPED BY MOTOR CARRIER UNDER A BILL OF LADING DATED NOVEMBER 3. THE DELIVERY RECEIPT WAS SIGNED BY THE CLAIMANT ON NOVEMBER 5. PROVIDES IN PERTINENT PART AS FOLLOWS: "* * * IF THE WEIGHT TRANSPORTED IS LESS THAN THE MINIMUM WEIGHT CHARGED BY THE COMMERCIAL CARRIER.

B-159415, JUL. 5, 1966

TO AUTHORIZED CERTIFYING OFFICER, GENERAL SERVICES ADMINISTRATION:

THIS REFERS TO YOUR LETTER OF JUNE 10, 1966, WITH ENCLOSURES, REFERENCE 3BCRPA, REQUESTING OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE ENCLOSED VOUCHER FOR $531.62 IN FAVOR OF MR. EUGENE AIKEN, JR., AN EMPLOYEE OF THE GENERAL SERVICES ADMINISTRATION.

YOU SAY THAT YOUR ONLY UNCERTAINTY IS THE PAYMENT OF THAT PART PERTAINING TO THE CLAIM FOR $432.50, THE ACTUAL COST OF MOVING MR. AIKEN'S HOUSEHOLD GOODS. MR. AIKEN SAID THAT WHEN OBTAINING ESTIMATES FOR THE MOVE HE FOUND THAT HE COULD HAVE HIS FURNISHINGS MOVED WITHIN FIVE DAYS BASED ON A MINIMUM WEIGHT OF 4,900 POUNDS, OR HAVE THEM PLACED IN STORAGE AND HELD FOR CONSOLIDATION WITH OTHER GOODS, AND PAY THE MOVERS ON THE ACTUAL WEIGHT OF 3,820 POUNDS. MR. AIKEN, ALSO, SAID THAT HAD HIS HOUSEHOLD GOODS NOT BEEN DELIVERED PROMPTLY, CONTINUED RESIDENCE AT HOTEL WITH FOUR CHILDREN, AGES 1 THROUGH 11, MIGHT PROVE DETRIMENTAL TO THE HEALTH OF HIS WIFE WHO WAS 7 MONTHS PREGNANT AT THE TIME.

BY TRAVEL AUTHORIZATION DATED SEPTEMBER 30, 1965, THE CLAIMANT WAS DIRECTED TO BEGIN TRAVEL TO HIS NEW DUTY STATION OCTOBER 10, 1965. HIS DEPENDENTS WERE AUTHORIZED TO TRAVEL AT A LATER DATE. THE DEPENDENTS DEPARTED THE OLD DUTY STATION NOVEMBER 7, 1965, AND ARRIVED AT THE NEW DUTY STATION THE SAME DAY. THE EFFECTS--- ACTUAL WEIGHT 3,820 POUNDS BUT MOVING AS 4,900 POUNDS--- WERE SHIPPED BY MOTOR CARRIER UNDER A BILL OF LADING DATED NOVEMBER 3, 1965, AND THE DELIVERY RECEIPT WAS SIGNED BY THE CLAIMANT ON NOVEMBER 5, 1965.

5 U.S.C. 73B-1 (B) (SECTION 1 (B) OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, 60 STAT. 806, AS AMENDED), READS IN PERTINENT PART AS FOLLOWS:

"IN LIEU OF THE PAYMENT OF ACTUAL EXPENSES OF TRANSPORTATION, PACKING, CRATING, TEMPORARY STORAGE, DRAYAGE, AND UNPACKING OF HOUSEHOLD GOODS AND PERSONAL EFFECTS, IN THE CASE OF SUCH TRANSFERS BETWEEN POINTS IN CONTINENTAL UNITED STATES, REIMBURSEMENT SHALL BE MADE TO THE OFFICER OR EMPLOYEE ON A COMMUTED BASIS (NOT TO EXCEED THE AMOUNT WHICH WOULD BE ALLOWABLE FOR THE AUTHORIZED WEIGHT ALLOWANCE) AT SUCH RATES PER ONE HUNDRED POUNDS AS MAY BE FIXED BY ZONES IN REGULATIONS PRESCRIBED BY THE PRESIDENT. * * *"

SECTION 2.1D OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, TRANSMITTED UNDER DATE OF APRIL 30, 1962, EFFECTIVE JUNE 1, 1962, ISSUED UNDER THE AUTHORITY DELEGATED BY EXECUTIVE ORDER NO. 10530, MAY 10, 1954, AS AMENDED, PROVIDES IN PERTINENT PART AS FOLLOWS:

"* * * IF THE WEIGHT TRANSPORTED IS LESS THAN THE MINIMUM WEIGHT CHARGED BY THE COMMERCIAL CARRIER, THE REIMBURSEMENT SHALL BE AT THE MINIMUM WEIGHT CHARGED INSTEAD OF THE ACTUAL WEIGHT TRANSPORTED.'

WHEN IT APPEARS FROM THE SURROUNDING CIRCUMSTANCES THAT SPACE RESERVATION SERVICE OR DELIVERY ON A SPECIFIED DATE WAS REASONABLY NECESSARY TO ACCOMPLISH THE MOVEMENT OF HOUSEHOLD EFFECTS COINCIDENT WITH THE CHANGE OF STATION, AND A SHOWING IS MADE THAT CHARGES HAVE BEEN ASSESSED AND PAID ON A MINIMUM-WEIGHT BASIS FOR SUCH SPACE RESERVATION SERVICE REQUESTED AND FURNISHED, THE SUBJECT PROVISION OF THE REGULATIONS MAY BE CONSTRUED TO AUTHORIZE REIMBURSEMENT UNDER THE COMMUTED RATE SYSTEM FOR THE MINIMUM WEIGHT CHARGED RATHER THAN THE LESSER ACTUAL WEIGHT. SEE B-107822, MARCH 5, 1952. OF COURSE, THE REIMBURSABLE WEIGHT MAY NOT EXCEED THE MAXIMUM WEIGHT ALLOWED BY LAW.

THE RECORD SHOWS THAT IN ORDER FOR THE CLAIMANT TO PROVIDE PROPER LIVING CONDITIONS FOR HIS FAMILY AT THE NEW DUTY STATION, IT WAS NOT UNREASONABLE IN VIEW OF THE NUMBER OF SMALL CHILDREN AND THE PHYSICAL CONDITION OF HIS WIFE FOR HIM TO REQUEST SPACE RESERVATION SERVICE IN ORDER TO GET SERVICE WITHIN A LIMITED TIME.

THE RECEIPTED BILL OF LADING SUBMITTED WITH YOUR LETTER OF JUNE 10, 1966, CONTAINS A TYPEWRITTEN NOTATION "RES 700 CU. FT SPACE RES.' ALSO, THERE APPEARS THEREON UNDER NET WEIGHT A PENCIL NOTATION "3820 AS 4900 LBS.' THE APPLICABLE TARIFF, HOUSEHOLD GOODS CARRIERS BUREAU AGENT TARIFF NO. 107-B, MF-I.C.C. NO. 121, RULE 5, SPACE RESERVATION, SHOWS THAT THE NUMBER OF CUBIC FEET ORDERED MULTIPLIED BY 7 POUNDS PER CUBIC FOOT WOULD BE THE WEIGHT CHARGED FOR THE MOVEMENT OF THE GOODS. THE TARIFF ALSO PROVIDES THAT FOR SPACE RESERVATION SERVICE THERE IS A MINIMUM OF 300 CUBIC FEET AND ADDITIONAL SPACE IS ALLOWED IN MULTIPLES OF 100 CUBIC FEET. IT IS OUR UNDERSTANDING THAT SPACE RESERVATION SERVICE IS REQUESTED BY A PERSON IN ORDER THAT DELIVERY MAY BE MADE WITHIN A CERTAIN NUMBER OF DAYS. SINCE THE SPACE THE HOUSEHOLD GOODS WOULD OCCUPY APPARENTLY WAS FIGURED ON AN ESTIMATED BASIS, THE RESERVATION OF 700 CUBIC FOOT SPACE DOES NOT APPEAR TO BE OUT OF LINE EVEN THOUGH THE ACTUAL WEIGHT OF THE HOUSEHOLD GOODS WHEN SHIPPED WAS DETERMINED TO BE 3,820 POUNDS. THEREFORE, REIMBURSEMENT FOR THE SHIPMENT OF THE EFFECTS SHOULD BE AT THE COMMUTED RATE PROVIDED IN GSA BULLETIN FPMR NO. A-2, GENERAL ATTACHMENT A, FOR 4,900 POUNDS; THAT IS 4,900 POUNDS AT $8.50 PER HUNDRED POUNDS OR $416.50.

ACTION ON THE VOUCHER WHICH IS RETURNED HEREWITH SHOULD BE TAKEN IN ACCORDANCE WITH THE FOREGOING.