B-78173, AUGUST 6, 1948, 28 COMP. GEN. 84

B-78173: Aug 6, 1948

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WEIGHT DETERMINATION WHERE THE HOUSEHOLD EFFECTS OF A TRANSFERRED EMPLOYEE WERE SHIPPED BY VAN AND AT DESTINATION PLACED IN TEMPORARY STORAGE. EVEN THOUGH ALL OR A PORTION OF SUCH CHARGES MIGHT NOT HAVE BEEN INCURRED IN CONNECTION THERE THEREWITH HAD THE EFFECTS MOVED BY RAIL. WHICH WERE SHIPPED BY EXPRESS IN A CORRUGATED BOX WITHOUT BEING CRATED ARE NOT TO BE CONSIDERED AS HAVING BEEN PACKED AND CRATED IN THE MANNER CONTEMPLATED BY SECTION 16 OF EXECUTIVE ORDER NO. 9805 SO AS TO REQUIRE THAT THE ALLOWABLE SUM UNDER SAID EXECUTIVE ORDER BE COMPUTED ON EIGHTY PERCENT OF THE GROSS SHIPPING WEIGHT. 1948: REFERENCE IS MADE TO YOUR LETTER OF JUNE 30. THERE IS FOR CONSIDERATION NOT ONLY THE ACTUAL EXPENSES OF TEMPORARY STORAGE BUT ALSO THOSE EXPENSES INCURRED INCIDENTAL TO SUCH STORAGE.

B-78173, AUGUST 6, 1948, 28 COMP. GEN. 84

TRANSPORTATION - HOUSEHOLD EFFECTS - TEMPORARY STORAGE; WEIGHT DETERMINATION WHERE THE HOUSEHOLD EFFECTS OF A TRANSFERRED EMPLOYEE WERE SHIPPED BY VAN AND AT DESTINATION PLACED IN TEMPORARY STORAGE, THE CHARGES BY VAN AND AT DESTINATION PLACED IN TEMPORARY STORAGE, THE CHARGES INCURRED FOR WRAPPING AND PREPARING THE EFFECTS FOR STORAGE, EVEN THOUGH ALL OR A PORTION OF SUCH CHARGES MIGHT NOT HAVE BEEN INCURRED IN CONNECTION THERE THEREWITH HAD THE EFFECTS MOVED BY RAIL, MAY BE CONSIDERED NECESSARY EXPENSES INCIDENTAL TO STORAGE FOR ALLOWANCE UNDER SECTION 12 (B) OF EXECUTIVE ORDER NO. 9805, AS ADDED BY EXECUTIVE ORDER NO. 9933, PROVIDING FOR THE REIMBURSEMENT OF THE ACTUAL COST OF TEMPORARY STORAGE NOT TO EXCEED THE COMMUTED RATE SPECIFIED THEREIN. THE HOUSEHOLD EFFECTS OF A TRANSFERRED EMPLOYEE, CONSISTING OF TECHNICAL BOOKS, PAPERS, DRAWING INSTRUMENTS, AND SUPPLIES, WHICH WERE SHIPPED BY EXPRESS IN A CORRUGATED BOX WITHOUT BEING CRATED ARE NOT TO BE CONSIDERED AS HAVING BEEN PACKED AND CRATED IN THE MANNER CONTEMPLATED BY SECTION 16 OF EXECUTIVE ORDER NO. 9805 SO AS TO REQUIRE THAT THE ALLOWABLE SUM UNDER SAID EXECUTIVE ORDER BE COMPUTED ON EIGHTY PERCENT OF THE GROSS SHIPPING WEIGHT, AND, THEREFORE, THE ACTUAL WEIGHT MAY BE USED IN COMPUTING THE AMOUNT TO BE ALLOWED FOR THE EFFECTS SHIPPED AT GOVERNMENT EXPENSE.

ACTING COMPTROLLER GENERAL YATES TO J. C. ALLEN, FEDERAL WORKS AGENCY, AUGUST 6, 1948:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 30, 1948, FILE NO. C-1.23, TRANSMITTING TWO VOUCHERS, ONE IN FAVOR OF WILLIAM E. REED AND THE OTHER IN FAVOR OF CLARENCE F. WASSER BOTH COVERING AMOUNTS ALLEGED TO BE DUE, AS REIMBURSEMENT UPON A COMMUTED BASIS, FOR CHARGES INCURRED FOR TEMPORARY STORAGE OF HOUSEHOLD EFFECTS INCIDENT TO PERMANENT TRANSFERS OF DUTY STATION AS EMPLOYEES OF THE PUBLIC ROADS ADMINISTRATION. YOU REQUEST AN ADVANCE DECISION AS TO WHETHER IN COMPUTING THE SUM ALLOWABLE UNDER EXECUTIVE ORDER 9933 OF FEBRUARY 27, 1948, FOR TEMPORARY STORAGE CHARGES, THERE IS FOR CONSIDERATION NOT ONLY THE ACTUAL EXPENSES OF TEMPORARY STORAGE BUT ALSO THOSE EXPENSES INCURRED INCIDENTAL TO SUCH STORAGE.

BY TRAVEL ORDER NO. 677, DATED JANUARY 12, 1948, WILLIAM E. REED WAS AUTHORIZED TO PROCEED FROM OGDEN, UTAH, HIS OFFICIAL STATION, TO SPRINGFIELD, ILLINOIS, FOR PERMANENT DUTY, AND SHIPMENT OF HIS PERSONAL EFFECTS AND HOUSEHOLD GOODS AT GOVERNMENT EXPENSE WAS AUTHORIZED THEREIN. THE EMPLOYEE'S HOUSEHOLD GOODS WERE SHIPPED BY VAN FROM OGDEN ON JANUARY 16 AND ARRIVED IN SPRINGFIELD ON FEBRUARY 2, 1948. IN VIEW OF HIS INABILITY TO COMPLETE ARRANGEMENTS FOR SUITABLE LIVING QUARTERS UNTIL FEBRUARY 16, THE EMPLOYEE PLACED HIS HOUSEHOLD EFFECTS IN STORAGE FROM THE DATE OF THEIR ARRIVAL AT SPRINGFIELD UNTIL FEBRUARY 16, AT WHICH TIME THEY WERE MOVED TO HIS NEW RESIDENCE. IT SEEMS THAT PAYMENT FOR SHIPMENT OF THE EFFECTS ALREADY HAS BEEN ACCOMPLISHED. THE EMPLOYEE NOW CLAIMS AN ADDITIONAL SUM OF $129.60 AS REIMBURSEMENT FOR TEMPORARY STORAGE OF 8,100 POUNDS OF HOUSEHOLD EFFECTS DURING THE ABOVE STATED PERIOD BASED UPON THE COMMUTED RATE OF $1.60 PER HUNDRED POUNDS AS AUTHORIZED UNDER EXECUTIVE ORDER 9933. THE CHARGES ACTUALLY INCURRED BY THE EMPLOYEE, TOTALING $138.98, AS EVIDENCED BY THE RECEIPTED BILL ON FILE, COVER WRAPPING AND PREPARING GOODS FOR STORAGE, WAREHOUSE HANDLING, STORAGE FOR ONE MONTH, STORAGE INSURANCE, COST OF MOVING GOODS FROM WAREHOUSE TO RESIDENCE AT SPRINGFIELD, AND FEDERAL TRANSPORTATION TAX. YOU STATE IN YOUR LETTER THAT WHILE IT IS YOUR BELIEF THAT EXECUTIVE ORDER 9933 CONTEMPLATES PAYMENT OF BOTH TEMPORARY STORAGE CHARGES AND EXPENSES INCIDENTAL THERETO, YOU ARE INCLINED TO THE VIEW THAT THE ITEM OF EXPENSE OF PREPARING THE GOODS FOR STORAGE SHOULD BE BORNE BY THE EMPLOYEE BECAUSE "IF THE GOODS HAD BEEN SHIPPED BY RAIL, THEY WOULD HAVE BEEN CRATED SO THAT NO EXTRA EXPENSE WOULD HAVE BEEN INCURRED IN THE PREPARATION FOR STORAGE.'

THE PERTINENT PROVISIONS OF EXECUTIVE ORDER 9805 OF NOVEMBER 25, 1946, AS AMENDED BY EXECUTIVE ORDER 9933 OF FEBRUARY 27, 1948 (RETROACTIVELY EFFECTIVE AS OF JULY 1, 1947), ARE AS FOLLOWS:

SEC. 6. WEIGHT LIMIT.--- THE WEIGHT OF THE HOUSEHOLD GOODS AND PERSONAL EFFECTS TRANSPORTED AT GOVERNMENT EXPENSE SHALL NOT EXCEED 7000 POUNDS IF UNCRATED OR 8750 POUNDS IF CRATED OR THE EQUIVALENT THEREOF WHEN TRANSPORTATION CHARGES ARE BASED ON CUBIC MEASUREMENT AND WHEN THE AMOUNT PAYABLE BY THE GOVERNMENT IS COMPUTED SOLELY ON THE BASIS OF THE CUBIC MEASUREMENT OF THE GOODS SHIPPED.

SEC. 12 (A) * * *

(B) COMMUTATION OF EXPENSES--- STORAGE.--- IN LIEU OF THE PAYMENT OF ACTUAL EXPENSES OF TEMPORARY STORAGE OF HOUSEHOLD GOODS AND PERSONAL EFFECTS IN THE CASE OF TRANSFERS BETWEEN POINTS WITHIN THE CONTINENTAL UNITED STATES AND THE CASE OF TRANSFERS BETWEEN POINTS WITHIN THE CONTINENTAL UNITED STATES AND IN ADDITION TO ALLOWANCE UNDER SCHEDULE A, REIMBURSEMENT SHALL BE MADE TO THE EMPLOYEE AT THE COMMUTED RATE OF $1.60 PER HUNDRED POUNDS FOR THE FIRST 30 DAYS OF STORAGE OR FRACTION THEREOF PLUS 40 CENTS PER HUNDRED POUNDS FOR THE NEXT 30 DAYS OR FRACTION THEREOF: PROVIDED, HOWEVER, THAT THE AMOUNT OF THE REIMBURSEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY THE EMPLOYEE FOR THE STORAGE IN QUESTION. ANY CLAIM FOR REIMBURSEMENT FOR TEMPORARY STORAGE SHALL BE SUPPORTED BY THE ORIGINAL OR CERTIFIED COPY OF THE RECEIPTED WAREHOUSE BILL.

SEC. 16. DETERMINATION OF WEIGHT.--- FOR THE PURPOSE OF DETERMINING THE RATES AND COMPUTING THE AMOUNTS TO BE ALLOWED FOR THE HOUSEHOLD GOODS AND PERSONAL EFFECTS SHIPPED AT GOVERNMENT EXPENSE, THERE SHALL BE USED THE NET WEIGHT OF SUCH GOODS AND EFFECTS UNCRATED, AND SUCH WEIGHT SHALL INCLUDE THE WEIGHT OF CONTAINERS AND PACKING MATERIALS WHICH ARE REQUIRED TO PROTECT ARTICLES OF FRAGILE CONTAINERS AND PACKING MATERIALS WHICH ARE REQUIRED TO PROTECT ARTICLES OF FRAGILE OR BREAKABLE NATURE. WHEN SUCH GOODS AND EFFECTS ARE CRATED AND PACKED FOR SHIPMENT, THE NET WEIGHT FOR CONSIDERATION HEREIN SHALL BE EIGHTY PERCENT OF THE GROSS SHIPPING WEIGHT. SUCH NET WEIGHTS SHALL NOT EXCEED 7,000 POUNDS FOR EMPLOYEES WITH IMMEDIATE FAMILIES AND 2,500 FOR EMPLOYEES WITHOUT IMMEDIATE FAMILIES.

YOU ARE ADVISED THAT UNDER SECTION 12 (B) OF EXECUTIVE ORDER 9933, QUOTED ABOVE, NECESSARY EXPENSES INCIDENTAL TO TEMPORARY STORAGE OF AN EMPLOYEE'S HOUSEHOLD GOODS--- AS DISTINGUISHED FROM TRANSPORTATION COSTS--- MAY BE ALLOWED IN AN AMOUNT WHICH, TOGETHER WITH THE ACTUAL STORAGE CHARGE, DOES NOT EXCEED THE MAXIMUM AMOUNT ALLOWABLE UNDER THE COMMUTED RATE SPECIFIED THEREIN. B-75797, JUNE 15, 1948, 27 COMP. GEN. 753; B-76210, JUNE 1, 1948; B-76371, JUNE 23, 1948. MOREOVER, WHERE THE EFFECTS ARE SHIPPED BY VAN AND ARE PLACED IN TEMPORARY STORAGE AT DESTINATION, CHARGES INCURRED FOR WRAPPING AND PREPARING THE GOODS FOR STORAGE PROPERLY MAY BE CONSIDERED AS A NECESSARY EXPENSE INCIDENTAL TO SUCH STORAGE, EVEN THOUGH ALL OR AT LEAST A PORTION OF SUCH CHARGE MIGHT NOT HAVE BEEN INCURRED AS INCIDENTAL TO STORAGE HAD THE EFFECTS ACTUALLY MOVED BY RAIL.

IT IS NOTED FROM THE SUBMITTED VOUCHER THAT THE WEIGHT OF THE EFFECTS SHIPPED BY MR. REED WAS 8,100 POUNDS, AND IT IS NOT ENTIRELY CLEAR TO THIS OFFICE UPON WHAT BASIS THE CLAIM OF $1.60 PER HUNDRED POUNDS FOR A WEIGHT IN EXCESS OF 7,000 POUNDS IS PREDICATED. IN THE EVENT THE EFFECTS WERE NOT PACKED AND CRATED FOR SHIPMENT, AS APPARENTLY IS THE CASE HERE, REIMBURSEMENT WOULD NOT BE PROPER IN EXCESS OF $112 (7,000 POUNDS AT $1.60 PER CWT.). SEE SECTIONS 6 AND 16 OF EXECUTIVE ORDER 9805, SUPRA.

BY TRAVEL ORDER NO. 673 OF JANUARY 8, 1948, CLARENCE F. WASSER WAS AUTHORIZED TO PROCEED FROM RICHMOND, VIRGINIA, HIS OFFICIAL STATION, TO JEFFERSON CITY, MISSOURI, FOR PERMANENT DUTY, AND SHIPMENT OF HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS AT GOVERNMENT EXPENSE WAS AUTHORIZED THEREIN. IT APPEARS THAT THE EMPLOYEE SHIPPED A PORTION OF HIS EFFECTS BY EXPRESS AND THE BALANCE BY MOTOR VAN. REIMBURSEMENT OF $6.71 APPARENTLY WAS CLAIMED FOR AN EXPRESS SHIPMENT OF 78 POUNDS. HOWEVER, ADMINISTRATIVELY, PAYMENT WAS ALLOWED ONLY IN THE SUM OF $5.85 (62 POUNDS, OR 80 PERCENT OF 78 POUNDS, AT $9.43) BECAUSE SECTION 16 OF EXECUTIVE ORDER 9805 PROVIDES THAT WHEN GOODS ARE "CRATED AND PACKED FOR SHIPMENT, THE NET WEIGHT FOR CONSIDERATION HEREIN SHOULD BE EIGHTY PERCENT OF THE GROSS SHIPPING WEIGHT.' FOR THE VAN SHIPMENT OF 989 MILES CLAIM WAS MADE FOR $523.72 (6,220 POUNDS AT $8.42). REIMBURSEMENT WAS ALLOWED ADMINISTRATIVELY IN THE SUM OF $523.09, A REDUCTION OF 63 CENTS BEING REQUIRED BY SECTION 8 OF EXECUTIVE ORDER 9805, WHICH SECTION PROVIDES, IN PERTINENT PART, THAT "THE COST TO THE GOVERNMENT SHALL NOT EXCEED THE COST OF SHIPMENT IN ONE LOT BY THE MOST ECONOMICAL ROUTE FROM THE LAST OFFICIAL STATION TO THE NEW.' IN OTHER WORDS, SINCE REIMBURSEMENT FOR SHIPMENT OF 6,282 POUNDS (6,220 POUNDS PLUS 62 POUNDS) AT THE COMMUTED RATE OF $8.42 PER CWT. IS $528.94, AND $5.85 ALREADY HAD BEEN ALLOWED, THE NET SUM ALLOWABLE WAS DETERMINED TO BE $523.09. THE EMPLOYEE NOW CLAIMS THE ADDITIONAL SUM OF $109.06 AS REIMBURSEMENT FOR TEMPORARY STORAGE CHARGES INCURRED AT RICHMOND, VIRGINIA, DURING THE PERIOD JANUARY 28 TO MARCH 16, 1948, INCLUDING THE COST OF DRAYAGE FROM RESIDENCE TO STORAGE.

SINCE THE SUM CLAIMED FOR TEMPORARY STORAGE, NAMELY, $109.06, IS LESS THAN THE MAXIMUM AMOUNT ALLOWABLE UNDER EXECUTIVE ORDER 9933 FOR STORAGE OF 6,220 POUNDS FOR 60 DAYS, OR $124.40, ALLOWANCE THEREOF WOULD APPEAR TO BE PROPER UNDER THE RULE ENUNCIATED ABOVE IN CONNECTION WITH THE CLAIM OF WILLIAM E. REED.

ON THE SAME VOUCHER, THE EMPLOYEE RECLAIMS $1.35 OF THE $1.49 DEDUCTED ON THE PREVIOUSLY SUBMITTED VOUCHERS COVERING TRANSPORTATION OF HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS. IN SUPPORT OF HIS RECLAIM HE STATED THAT THE EFFECTS SHIPPED BY EXPRESS--- CONSISTING OF TECHNICAL BOOKS, PAPERS, DRAWING INSTRUMENTS, AND SUPPLIES--- WERE "NOT CRATED AND THE ONLY PACKING WAS A CORRUGATED BOX AND STRING," AND THAT, THEREFORE, THE PROPER WEIGHT FOR USE UNDER SECTION 16 OF EXECUTIVE ORDER 9805 IN COMPUTING THE SUM DUE IS 78 POUNDS, NOT 62 POUNDS AS USED BY THE ADMINISTRATIVE OFFICE. THAT IS TO SAY, HE CONTENDS THAT PAYMENT SHOULD BE ALLOWED FOR SHIPMENT IN ONE LOT OF 6,298 POUNDS AT $8.42 PER CWT., OR A TOTAL OF $530.29 LESS THE TOTAL SUM PREVIOUSLY ALLOWED, $528.94.

IT IS THE VIEW OF THIS OFFICE THAT IT REASONABLY MAY BE CONCLUDED FROM THE FACTS OF RECORD THAT THE EFFECTS SHIPPED BY EXPRESS WERE NOT PACKED AND CRATED IN THE MANNER CONTEMPLATED BY SECTION 16 OF EXECUTIVE ORDER 9805 SO AS TO REQUIRE THAT THE ALLOWABLE SUM BE COMPUTED UPON A NET WEIGHT OF 62 POUNDS OF EFFECTS. STATED DIFFERENTLY, THE NET WEIGHT FOR CONSIDERATION IN THE INSTANT CASE FOR THE PURPOSE OF DETERMINING THE RATE AND COMPUTING THE AMOUNT TO BE ALLOWED IS THE ACTUAL WEIGHT OF THE GOODS SHIPPED BY EXPRESS, OR 78 POUNDS. ACCORDINGLY, THE RECLAIM OF $1.35 IS FOR ALLOWANCE.

ACTION ON THE SUBMITTED VOUCHERS SHOULD BE TAKEN IN ACCORDANCE WITH THE ABOVE.