B-164057, OCT. 3, 1968
Highlights
THE CLAIM FOR $125 WAS ORIGINALLY SUBMITTED TO OUR OFFICE AS A HOOKUP FEE AND WE ASSUMED THAT IT INCLUDED CHARGES FOR BLOCKING AND UNBLOCKING THE TRAILER. REIMBURSEMENT OF SUCH FEE WAS DISALLOWED ON THE GROUND THAT UNDER THE APPLICABLE TARIFF FOR THE MOVEMENT OF A HOUSE TRAILER SUCH SERVICES WERE CONSIDERED AS A "SPECIAL SERVICE" AND SPECIFICALLY EXCLUDED BY SECTION 9.3A (3) OF BUREAU OF THE BUDGET CIRCULAR NO. ROBINSON HAS NOW FURNISHED EVIDENCE THAT THE $125 IS A "NON RETURNABLE ENTRANCE FEE. THE COMPUTATION OF ALLOWANCES WHEN A HOUSE TRAILER IS TRANSPORTED BY A COMMERCIAL CARRIER IS CONTAINED IN SECTION 9.3A OF BUREAU OF THE BUDGET CIRCULAR NO. IT IS CLEAR THAT THE FEE CLAIMED IS NOT ONE FALLING WITHIN ANY OF THE CATEGORIES ENUMERATED ABOVE.
B-164057, OCT. 3, 1968
TO MISS TERESA WELLS:
WE REFER TO YOUR LETTER OF AUGUST 19, 1968, REFERENCE AD571X12, BY WHICH YOU FORWARDED FOR OUR ADVANCE DECISION THE RECLAIM VOUCHER OF MR. KAY R. ROBINSON, AN EMPLOYEE OF THE ENVIRONMENTAL SCIENCE SERVICES ADMINISTRATION, COVERING AN EXPENSE OF $125 INCIDENT TO THE TRANSPORTATION OF A HOUSE TRAILER UPON A PERMANENT CHANGE OF STATION.
THE CLAIM FOR $125 WAS ORIGINALLY SUBMITTED TO OUR OFFICE AS A HOOKUP FEE AND WE ASSUMED THAT IT INCLUDED CHARGES FOR BLOCKING AND UNBLOCKING THE TRAILER, CONNECTING UTILITIES AND UNPACKING HOUSEHOLD CONTENTS. REIMBURSEMENT OF SUCH FEE WAS DISALLOWED ON THE GROUND THAT UNDER THE APPLICABLE TARIFF FOR THE MOVEMENT OF A HOUSE TRAILER SUCH SERVICES WERE CONSIDERED AS A "SPECIAL SERVICE" AND SPECIFICALLY EXCLUDED BY SECTION 9.3A (3) OF BUREAU OF THE BUDGET CIRCULAR NO. A 56.
MR. ROBINSON HAS NOW FURNISHED EVIDENCE THAT THE $125 IS A "NON RETURNABLE ENTRANCE FEE," PRESUMABLY PAID TO A TRAILER PARK. THE COMPUTATION OF ALLOWANCES WHEN A HOUSE TRAILER IS TRANSPORTED BY A COMMERCIAL CARRIER IS CONTAINED IN SECTION 9.3A OF BUREAU OF THE BUDGET CIRCULAR NO. A-56 WHICH PROVIDES IN PART AS FOLLOWS:
"/1) THE ALLOWANCE SHALL INCLUDE 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 APPROPRIATE STATE REGULATORY BODY FOR INTRASTATE MOVEMENTS) FOR TRANSPORTATION OF A TRAILER OF THE SIZE AND TYPE INVOLVED FOR THE DISTANCE INVOLVED, COMPUTED AS PROVIDED IN SECTION 9.2.
"/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 THE CONTINENTAL UNITED STATES, AND CARRIERS' SERVICE CHARGES FOR OBTAINING NECESSARY PERMITS.'
IT IS CLEAR THAT THE FEE CLAIMED IS NOT ONE FALLING WITHIN ANY OF THE CATEGORIES ENUMERATED ABOVE. MOREOVER, SINCE SUCH FEE APPEARS TO BE IN THE NATURE OF RENT FOR USE OF THE PARK OR LAND WHERE THE TRAILER IS NOW LOCATED, IT MAY NOT BE REGARDED AS REIMBURSABLE UNDER ANY OTHER PROVISIONS OF THE REGULATIONS CONTAINED IN CIRCULAR NO. A-56 SUCH AS SECTION 3 RELATING TO THE ALLOWANCE FOR MISCELLANEOUS EXPENSES.
ACCORDINGLY, THE NEW EVIDENCE FURNISHED BY MR. ROBINSON AFFORDS NO BASIS FOR CHANGING OUR PRIOR CONCLUSION THAT PAYMENT OF THE $125 FEE IS NOT AUTHORIZED.