B-79392, SEPTEMBER 17, 1948, 28 COMP. GEN. 180

B-79392: Sep 17, 1948

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TEMPORARY STORAGE OF HOUSEHOLD EFFECTS WHERE THE HOUSEHOLD EFFECTS OF A TRANSFERRED EMPLOYEE WERE PLACED IN TEMPORARY STORAGE AT THE POINT OF ORIGIN AND SHORTLY THEREAFTER A PORTION THEREOF WAS REMOVED FOR SHIPMENT TO PERMANENT STORAGE AT A POINT OTHER THAN THE EMPLOYEE'S NEW DUTY STATION. SUCH PORTION IS FOR EXCLUSION IN THE COMPUTATION OF THE AMOUNT REIMBURSABLE FOR TEMPORARY STORAGE. THERE IS FOR DEDUCTION AN AMOUNT EQUAL TO THE CHARGE FOR EXCESS STORAGE COMPUTED FROM THE TOTAL CHARGES ACCORDING TO THE RATIO OF EXCESS WEIGHT TO THE TOTAL WEIGHT OF THE EFFECTS STORED. 1948: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 8. THE EMPLOYEE WAS AUTHORIZED TO PROCEED FROM WASHINGTON. FOR THE PURPOSE OF THIS CASE IT WILL BE ASSUMED THAT THE SHIPMENT OF HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS AT GOVERNMENT EXPENSE WAS AUTHORIZED THEREIN.

B-79392, SEPTEMBER 17, 1948, 28 COMP. GEN. 180

TEMPORARY STORAGE OF HOUSEHOLD EFFECTS WHERE THE HOUSEHOLD EFFECTS OF A TRANSFERRED EMPLOYEE WERE PLACED IN TEMPORARY STORAGE AT THE POINT OF ORIGIN AND SHORTLY THEREAFTER A PORTION THEREOF WAS REMOVED FOR SHIPMENT TO PERMANENT STORAGE AT A POINT OTHER THAN THE EMPLOYEE'S NEW DUTY STATION--- SAID PORTION HAVING BEEN EARMARKED FOR SUCH PERMANENT STORAGE--- NO "TEMPORARY STORAGE" TOOK PLACE AS TO SUCH PORTION WITHIN THE MEANING OF SECTION 12 (B) OF EXECUTIVE ORDER NO. 9805, AS AMENDED, AND SUCH PORTION IS FOR EXCLUSION IN THE COMPUTATION OF THE AMOUNT REIMBURSABLE FOR TEMPORARY STORAGE. IN DETERMINING THE MAXIMUM SUM PAYABLE BY THE GOVERNMENT UNDER EXECUTIVE ORDER NO. 9805, AS AMENDED, FOR THE TEMPORARY STORAGE OF A TRANSFERRED EMPLOYEE'S HOUSEHOLD EFFECTS WEIGHING IN EXCESS OF THE ALLOWABLE WEIGHT LIMITATIONS SPECIFIED IN SECTIONS 6 AND 16 OF THE ORDER, THERE IS FOR DEDUCTION AN AMOUNT EQUAL TO THE CHARGE FOR EXCESS STORAGE COMPUTED FROM THE TOTAL CHARGES ACCORDING TO THE RATIO OF EXCESS WEIGHT TO THE TOTAL WEIGHT OF THE EFFECTS STORED.

COMPTROLLER GENERAL WARREN TO F. H. SHINER, DEPARTMENT OF THE INTERIOR, SEPTEMBER 17, 1948:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 8, 1948, FILE NO. 375, TRANSMITTING A VOUCHER IN FAVOR OF DAVID S. CULVER FOR AN AMOUNT ALLEGED TO BE DUE AS REIMBURSEMENT FOR CHARGES INCURRED FOR TEMPORARY STORAGE OF HIS HOUSEHOLD EFFECTS INCIDENT TO A PERMANENT TRANSFER OF DUTY STATION WITHIN THE CONTINENTAL LIMITS OF THE UNITED STATES AS AN EMPLOYEE OF THE BUREAU OF RECLAMATION, AND REQUESTING AN ADVANCE DECISION AS TO THE PROPER AMOUNT OF REIMBURSEMENT ALLOWABLE THEREON.

WHILE NO COPY OF THE PERTINENT TRAVEL ORDER ACCOMPANIED YOUR LETTER, IT APPEARS FROM THE OTHER EVIDENCE OF RECORD THAT BY TRAVEL ORDERS DATED JULY 1 AND JULY 18, 1947, THE EMPLOYEE WAS AUTHORIZED TO PROCEED FROM WASHINGTON, D.C., HIS OFFICIAL STATION, TO THE HUNGRY HORSE PROJECT, NEAR COLUMBIA FALLS, MONTANA, FOR PERMANENT DUTY, AND FOR THE PURPOSE OF THIS CASE IT WILL BE ASSUMED THAT THE SHIPMENT OF HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS AT GOVERNMENT EXPENSE WAS AUTHORIZED THEREIN. ON JULY 9, 1947, THE EMPLOYEE PLACED HIS EFFECTS, WEIGHING 8,500 POUNDS, IN STORAGE AT WASHINGTON, D.C. HOWEVER, IT SEEMS THAT AT THE TIME OF PLACING THE EFFECTS INTO STORAGE THEY WERE SEPARATED INTO TWO LOTS, ONE WEIGHING 1,260 POUNDS, AND THE OTHER WEIGHING 7,240 POUNDS. THE EFFECTS COMPRISING THE FIRST LOT (1,260 POUNDS) REMAINED IN STORAGE AT WASHINGTON DURING THE PERIOD JULY 9 TO 18, 1947, AND THEN WERE SHIPPED TO MARION, NEW YORK, FOR PERMANENT STORAGE. THE OTHER LOT (7,240 POUNDS) WAS REMOVED FROM TEMPORARY STORAGE ON AUGUST 18, 1947, AND TRANSPORTED TO THE NEW DUTY STATION OF THE EMPLOYEE. THE EMPLOYEE NOW CLAIMS AN ADDITIONAL SUM OF $62.96 AS REIMBURSEMENT FOR TEMPORARY STORAGE OF 8,500 POUNDS OF EFFECTS DURING THE ABOVE-STATED PERIODS, WHICH SUM CONSISTS OF $5.04, THE ACTUAL EXPENSE FOR STORAGE OF 1,260 POUNDS OF EFFECTS, AND $57.92, THE ACTUAL EXPENSE OF STORAGE OF 7,240 POUNDS. THE EXPENSE SO CLAIMED IS LESS THAN THAT ALLOWABLE UPON A COMMUTED BASIS UNDER EXECUTIVE ORDER 9933 FOR TEMPORARY STORAGE OF 7,000 POUNDS OF EFFECTS FOR A 60-DAY PERIOD; THAT IS, $140.

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--- TEMPORARY 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 IN ADDITION TO ALLOWANCES 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 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.

WHILE SECTION 12 (B) OF EXECUTIVE ORDER 9933, QUOTED ABOVE, SPECIFICALLY DOES NOT STATE THE MAXIMUM WEIGHT OF HOUSEHOLD GOODS AND PERSONAL EFFECTS FOR WHICH REIMBURSEMENT MAY BE ALLOWED FOR TEMPORARY STORAGE, THERE IS LITTLE OR NO DOUBT THAT IT WAS INTENDED THEREUNDER THAT ALLOWANCE FOR TEMPORARY STORAGE CHARGES BE CONFINED TO THE MAXIMUM WEIGHT LIMITATIONS SPECIFIED IN PARAGRAPHS 6 AND 16 OF EXECUTIVE ORDER 9805, SUPRA. THUS, THERE REMAINS FOR CONSIDERATION ONLY THE QUESTION AS TO THE METHOD OF COMPUTATION OF THE EMPLOYEE'S SHARE OF EXCESS COST FOR STORAGE OF EFFECTS WEIGHING IN EXCESS OF 7,000 POUNDS, INCLUDING A DETERMINATION AS TO WHETHER THE COST OF STORAGE OF THE 1,260 POUND LOT IS FOR INCLUSION IN SUCH COMPUTATION.

THE RECORD INDICATES THE STORAGE LOT WEIGHING 1,260 POUNDS CONSISTED OF HOUSEHOLD GOODS AND/OR PERSONAL EFFECTS OF THE EMPLOYEE, AND THAT THEY WERE IN TEMPORARY STORAGE IN WASHINGTON, D.C., FOR ONLY A SHORT TIME PRIOR TO THEIR SHIPMENT TO NEW YORK. BUT DUE WEIGHT MUST BE GIVEN TO THE APPARENT FACT THAT FROM THE OUTSET SUCH GOODS, IN EFFECT, WERE EARMARKED FOR SHIPMENT TO MARION, NEW YORK, FOR PERMANENT STORAGE. UNDER SUCH CIRCUMSTANCES, IT IS THE VIEW OF THIS OFFICE THAT STORAGE OF THOSE EFFECTS IN WASHINGTON WAS A PART OF THEIR PERMANENT STORAGE. THAT IS TO SAY, AS TO THE 1,260-POUND LOT OF EFFECTS NO "TEMPORARY STORAGE" TOOK PLACE WITHIN THE MEANING OF THAT TERM AS USED IN SECTION 12 (B) OF EXECUTIVE ORDER 9933, SUPRA. IT FOLLOWS THAT SAID STORAGE LOT IS NOT FOR INCLUSION IN ARRIVING AT THE EXCESS COST CHARGEABLE TO THE EMPLOYEE IN CONNECTION WITH THE TEMPORARY STORAGE OF HIS HOUSEHOLD EFFECTS. STATED DIFFERENTLY, THE ACTUAL EXPENSE INCURRED FOR STORAGE OF 7,240 POUNDS OF EFFECTS, NAMELY, $57.92, IS THE PROPER COST FIGURE FOR USE IN COMPUTING THE SUM DUE THE EMPLOYEE FOR TEMPORARY STORAGE OF HIS EFFECTS.

THAT PART OF EXECUTIVE ORDER 9805, AS AMENDED BY EXECUTIVE ORDER 9933, RELATING TO TRANSPORTATION AND TEMPORARY STORAGE OF HOUSEHOLD EFFECTS OF EMPLOYEES INCIDENT TO PERMANENT TRANSFERS OF DUTY STATION BETWEEN POINTS WITHIN THE CONTINENTAL UNITED STATES CONTAINS NO PROVISION PERTAINING TO COMPUTATION OF EXCESS COST. HOWEVER, UNDER THAT PORTION OF THE SAME EXECUTIVE ORDERS RELATING TO TRANSPORTATION AND STORAGE OF HOUSEHOLD GOODS AND PERSONAL EFFECTS OF EMPLOYEES IN THE CASE OF TRANSFERS TO OR FROM POINTS OUTSIDE THE CONTINENTAL UNITED STATES, IT IS PROVIDED IN SECTION 22 THAT "IF PROPERTY IN EXCESS OF THE AMOUNT ALLOWABLE * * * IS SHIPPED * * * THE EMPLOYEE SHALL * * * PAY * * * AN AMOUNT EQUAL TO THE CHARGE FOR THE TRANSPORTATION OF SUCH EXCESS COMPUTED FROM THE TOTAL CHARGES ACCORDING TO THE RATIO OF EXCESS WEIGHT TO THE TOTAL WEIGHT OF THE IPMENT.' THAT METHOD OF COMPUTATION REASONABLY AND PROPERLY MAY BE APPLIED WHERE, AS HERE, AN EMPLOYEE SEEKS REIMBURSEMENT OF ACTUAL EXPENSES FOR TEMPORARY STORAGE OF HOUSEHOLD EFFECTS WEIGHING IN EXCESS OF THE ALLOWABLE LIMIT. UPON THAT BASIS, THE EMPLOYEE IS CHARGEABLE WITH 240/7240 X $57.92, OR $1.92. THAT IS TO SAY, THE MAXIMUM SUM FOR PAYMENT BY THE GOVERNMENT TO THE EMPLOYEE IN THE PRESENT CASE FOR TEMPORARY STORAGE OF HIS EFFECTS IS $56.

ACTION ON THE VOUCHER SHOULD BE TAKEN IN ACCORDANCE WITH THE ABOVE.