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B-175285, APR 20, 1972

B-175285 Apr 20, 1972
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SINCE THE SUBJECT ITEMS WERE NECESSARY EXPENSES INCIDENT TO THE RELOCATION OF CLAIMANT'S RESIDENCE THEY MAY PROPERLY BE CONSIDERED AS MISCELLANEOUS EXPENSES UNDER SECTION 3 OF THE CIRCULAR. LIGHTS IS REIMBURSABLE AS A TRANSPORTATION COST. ADAMSKI'S CLAIM FOR THE NONREFUNDABLE ENTRANCE FEE IS NOT REIMBURSABLE SINCE IT IS IN THE NATURE OF RENT FOR USE OF THE PARK OR LAND WHERE THE TRAILER IS NOW LOCATED. BLEDSOE: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 18. TRANSPORTATION OF HIS HOUSE TRAILER WAS AUTHORIZED AT GOVERNMENT EXPENSE. 173.65 OF WHICH $786.20 WAS ALLOWED REPRESENTING THE COST CHARGED BY THE COMMERCIAL CARRIER FOR TRANSPORTING THE TRAILER TO HIS NEW DUTY STATION. THE BALANCE OF $387.45 WAS DISALLOWED BASED UPON SECTION 9.3 OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO.

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B-175285, APR 20, 1972

CIVILIAN EMPLOYEE - PERMANENT CHANGE OF STATION - TRANSPORTATION OF HOUSE TRAILER - MISCELLANEOUS EXPENSES - REIMBURSEMENT CONCERNING THE PROPRIETY OF PAYMENT TO NORBERT ADAMSKI FOR EXPENSES INCURRED IN MOVING HIS HOUSE TRAILER FROM BIRMINGHAM, ALA., TO COLLEGE PARK, MD., INCIDENT TO A PERMANENT CHANGE OF STATION AS AN EMPLOYEE OF THE BUREAU OF NARCOTICS AND DANGEROUS DRUGS. SECTION 9.3A(3) OF OMB CIRCULAR NO. A-56 SPECIFICALLY PRECLUDES REIMBURSEMENT OF TRAILER PREPARATION COSTS. HOWEVER, SINCE THE SUBJECT ITEMS WERE NECESSARY EXPENSES INCIDENT TO THE RELOCATION OF CLAIMANT'S RESIDENCE THEY MAY PROPERLY BE CONSIDERED AS MISCELLANEOUS EXPENSES UNDER SECTION 3 OF THE CIRCULAR. IN ADDITION, THE RENTAL FEE FOR I.C.C. LIGHTS IS REIMBURSABLE AS A TRANSPORTATION COST, ALTHOUGH MR. ADAMSKI'S CLAIM FOR THE NONREFUNDABLE ENTRANCE FEE IS NOT REIMBURSABLE SINCE IT IS IN THE NATURE OF RENT FOR USE OF THE PARK OR LAND WHERE THE TRAILER IS NOW LOCATED. THE VOUCHER MAY PROPERLY BE CERTIFIED FOR PAYMENT IN ACCORDANCE WITH THE FOREGOING.

TO MRS. JUNET M. BLEDSOE:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 18, 1972, REQUESTING OUR DECISION AS TO THE PROPRIETY OF CERTIFYING FOR PAYMENT THE RECLAIM VOUCHER THEREWITH SUBMITTED IN FAVOR OF MR. NORBERT ADAMSKI, AN EMPLOYEE OF THE BUREAU OF NARCOTICS AND DANGEROUS DRUGS, DEPARTMENT OF JUSTICE, FOR EXPENSES INCURRED IN THE MOVEMENT OF HIS HOUSE TRAILER IN CONNECTION WITH HIS PERMANENT CHANGE OF STATION.

MR. ADAMSKI TRANSFERRED FROM BIRMINGHAM, ALABAMA, TO WASHINGTON, D.C., ON AUGUST 31, 1970, UNDER TRAVEL AUTHORIZATION NO. CS-101-8-70 DATED AUGUST 5, 1970. TRANSPORTATION OF HIS HOUSE TRAILER WAS AUTHORIZED AT GOVERNMENT EXPENSE. THE ORIGINAL TRAVEL VOUCHER SUBMITTED BY THE EMPLOYEE CLAIMED EXPENSES TOTALING $1,173.65 OF WHICH $786.20 WAS ALLOWED REPRESENTING THE COST CHARGED BY THE COMMERCIAL CARRIER FOR TRANSPORTING THE TRAILER TO HIS NEW DUTY STATION. THE BALANCE OF $387.45 WAS DISALLOWED BASED UPON SECTION 9.3 OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56. THE RECLAIM VOUCHER TOTALS $317.45, THERE HAVING BEEN ELIMINATED THE AMOUNT OF $70 REPRESENTING STORAGE CHARGES FOR THE TRAILER IN BIRMINGHAM, ALABAMA, FROM AUGUST 21 TO NOVEMBER 13, 1970.

THE EXPENSES INCURRED BY THE EMPLOYEE WHICH ARE SUPPORTED BY RECEIPTS ARE AS FOLLOWS:

DISMANTLE ALUMINUM AWNING ATTACHED TO HOME $40.00

DISCONNECT CABLE AND BRACKETS AND LOWER

TELEVISION MAST AND ANTENNA 5.00

DISCONNECT ELECTRICAL CONNECTIONS, REMOVE

AIR CONDITIONER FROM WINDOW, REPLACE WINDOW FRAME

AND 3-SECTION WINDOW 25.00

UNBLOCKING HOUSE TRAILER AT OLD DUTY STATION 7.50

RENTAL FEE FOR I.C.C. LIGHTS TEMPORARILY

INSTALLED ON MOBILE HOME FOR TRAVEL

FROM OLD TO NEW OFFICIAL STATION 15.00

REBLOCK AND LEVEL HOUSE TRAILER AT NEW

RESIDENCE 25.00

PURCHASE OF REGULATOR AND ACCESSORIES FOR

CONNECTING TO LOW PRESSURE GAS 24.53

PURCHASE OF CEMENT BLOCKS FOR BLOCKING

MOBILE HOME 11.75

REPLACE ORIFICES ON STOVE AND FURNACE,

INCLUDING LABOR, TO CONVERT FROM NATURAL

GAS TO LOW PRESSURE GAS 61.20

INSTALL AIR CONDITIONER IN MOBILE HOME AT

NEW OFFICIAL STATION 62.47

NONREFUNDABLE ENTRANCE FEE TO MOBILE PARK

AT NEW DUTY STATION 30.00

CONNECTION CHARGE FOR INSTALLATION OF TELEPHONE

AT NEW RESIDENCE 10.00

SECTION 9.3A OF CIRCULAR NO. A-56, REVISED JUNE 26, 1969, PROVIDES:

"9.3 COMPUTATION OF ALLOWANCES.

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

"(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.

"(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 REPORTED CHARGES FOR DISMANTLING THE ALUMINUM AWNING; DISCONNECTING CABLE, BRACKETS, AND LOWERING TELEVISION MAST AND ANTENNA; DISCONNECTING ELECTRICAL CONNECTIONS; REMOVING AND INSTALLING AIR CONDITIONER; AND UNBLOCKING, BLOCKING, AND LEVELING THE TRAILER ARE "SPECIAL SERVICES" AS CONTAINED IN THE MOBILE HOUSING CARRIERS CONFERENCE, INC., FREIGHT TARIFF NO. 10-B, MF-I.C.C. NO. 14. RULE 170 THEREOF, SPECIAL SERVICES, INCLUDES AMONG OTHER THINGS THE ASSEMBLING AND DISASSEMBLING OF TRAILERS OR ADDITIONS THERETO, BLOCKING AND UNBLOCKING TRAILERS, AND SETTING UP PLUMBING, HEATING, AND ELECTRICAL CONNECTIONS. THEREFORE, SUCH CHARGES ARE SPECIFICALLY PRECLUDED BY SECTION 9.3A(3) OF CIRCULAR NO. A-56 FROM BEING CONSIDERED AS A PART OF THE TRANSPORTATION COSTS OF MOVING A HOUSE TRAILER. SEE B-172094, JULY 20, 1971; B-164057, JUNE 5, 1968; B-162634, JANUARY 9, 1968; B-160630, JANUARY 23, 1967; AND B-156315, JULY 21, 1966; COPIES HEREWITH. SEE ALSO 46 COMP. GEN. 619 (1965).

HOWEVER, SINCE THE ITEMS PREVIOUSLY ENUMERATED WERE NECESSARY EXPENSES INCIDENT TO THE RELOCATION OF THE CLAIMANT'S RESIDENCE, THEY ARE TO BE CONSIDERED AS MISCELLANEOUS EXPENSES UNDER SECTION 3 OF THE CIRCULAR. SEE B-172094, SUPRA. SEE ALSO B-168109, NOVEMBER 14, 1969; B-166247, MARCH 13, 1969; AND B-164357, JULY 1, 1968; COPIES ENCLOSED.

THE PURCHASE OF CEMENT BLOCKS FOR BLOCKING THE EMPLOYEE'S MOBILE HOME AT HIS NEW DUTY STATION APPEARS TO BE A REASONABLE EXPENDITURE, PARTICULARLY IN VIEW OF THE APPARENT NONFEASIBILITY OF TRANSPORTING THE CEMENT BLOCKS USED TO SUPPORT HIS TRAILER AT HIS OLD POST OF DUTY. SUCH PURCHASE WOULD BE INCLUDED AS A RELATED EXPENSE TO UNBLOCKING AND BLOCKING THE HOUSE TRAILER IN CONNECTION WITH ITS RELOCATION AND ALLOWABLE AS A PART OF MISCELLANEOUS EXPENSES UNDER SECTION 3.1B(2) OF CIRCULAR NO. A-56.

IN REGARD TO THE CHARGES FOR THE PURCHASE OF A REGULATOR AND ACCESSORIES FOR CONVERTING TO LOW GAS PRESSURE AND THE REPLACEMENT OF ORIFICES ON THE STOVE AND FURNACE TO CONVERT FROM NATURAL GAS TO LOW PRESSURE, SUCH EXPENSES ARE FOR TREATING AS A PART OF MISCELLANEOUS EXPENSES BASED UPON THE SPECIFIC LANGUAGE CONTAINED IN SECTION 3.1B(1) OF CIRCULAR NO. A-56 AS A COST OF CONVERTING APPLIANCES FOR OPERATION ON AVAILABLE UTILITIES.

WITH RESPECT TO THE CONNECTION CHARGE FOR INSTALLATION OF TELEPHONE SERVICE AT HIS NEW LOCATION, SUCH FEE IS FOR REGARDING AS A PART OF MISCELLANEOUS EXPENSES IN ACCORDANCE WITH SECTION 3.1B(1) OF CIRCULAR NO. A-56.

IN REFERENCE TO THE RENTAL FEE FOR I.C.C. LIGHTS WHICH WERE TEMPORARILY INSTALLED ON THE MOBILE HOME FOR MOVEMENT FROM THE OLD TO THE NEW DUTY STATION, SUCH FEE IS REIMBURSABLE AS A TRANSPORTATION COST. UNLIKE THOSE SERVICES COVERED BY RULE 170, SUPRA, WHICH ARE NECESSARY AND DESIRABLE FOR THE USE OF A MOBILE DWELLING, THE INSTALLATION AND USE OF THESE LIGHTS, SIMILAR TO THE USE OF PILOT CARS, WERE ESSENTIAL TO THE TRANSPORTATION OF EMPLOYEE'S HOUSE TRAILER FROM BIRMINGHAM, ALABAMA, TO COLLEGE PARK, MARYLAND. SEE 47 COMP. GEN. 107 (1967).

AS TO THE NONREFUNDABLE ENTRANCE FEE PAID BY THE CLAIMANT TO THE MOBILE PARK AT HIS NEW DUTY STATION, SUCH FEE IS NOT REIMBURSABLE SINCE IT IS IN THE NATURE OF RENT FOR USE OF THE PARK OR LAND WHERE THE TRAILER IS NOW LOCATED. SEE OUR DECISION B-164057, OCTOBER 3, 1968, COPY ENCLOSED.

AS PER RECENT TELEPHONE CONVERSATION WITH YOUR OFFICE, WE HAVE BEEN INFORMED THAT A MISCELLANEOUS EXPENSE ALLOWANCE HAS NOT BEEN PAID TO MR. ADAMSKI, AN EMPLOYEE WITHOUT IMMEDIATE FAMILY, AND FURTHER THAT AT THE TIME OF HIS TRANSFER ON AUGUST 31, 1970, HIS GROSS WEEKLY SALARY WAS $333.05 BASED UPON GRADE GS-13, STEP 2. ACCORDINGLY, UNDER THE PROVISIONS OF SECTION 3.3B OF CIRCULAR NO. A-56, HE MAY BE ALLOWED THE SUM OF $272.45 CONSTITUTING THE ALLOWABLE MISCELLANEOUS EXPENSES LISTED ON HIS RECLAIM VOUCHER PLUS THE $15 FOR TRAILER LIGHTS OR A TOTAL OF $287.45.

THE VOUCHER ALONG WITH SUPPORTING PAPERS IS RETURNED HEREWITH FOR HANDLING IN ACCORDANCE WITH THE FOREGOING.

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