B-156315, APR. 9, 1965, 44 COMP. GEN. 619

B-156315, APR. 9, 1965, 44 COMP. GEN. 619

TRAILER ALLOWANCES - CIVILIAN PERSONNEL - SEPARATE SHIPMENTS OF HOUSEHOLD EFFECTS, ETC., AND HOUSE TRAILER A UTILITY HOUSE OR SHED CONTAINING GARDEN AND MISCELLANEOUS TOOLS, OUTDOOR FURNITURE, ETC., THAT IS NOT ATTACHED TO THE PRIVATELY OWNED HOUSE TRAILER USED AS A RESIDENCE BY A CIVILIAN EMPLOYEE TRANSFERRED UNDER ORDERS AUTHORIZING THE TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS IS NOT AN INTEGRAL PART OF THE TRAILER AND UNDER SECTION 6 OF THE BUREAU OF THE BUDGET CIRCULAR A-56, GOVERNING THE PAYMENT FOR TRANSPORTING A HOUSE TRAILER BY A COMMERCIAL CARRIER, THE EMPLOYEE MAY NOT BE REIMBURSED THE EXPENSES INCURRED TO TRANSPORT, LOAD, AND UNLOAD THE UTILITY HOUSE, AND THE REGULATIONS SPECIFICALLY EXCLUDING FROM THE REIMBURSABLE ALLOWANCE THE COST OF PREPARING A TRAILER FOR MOVEMENT AND THE CHARGES DESIGNATED IN TARIFFS AS "SPECIAL SERVICES," AS WELL AS THE COST TO TRANSPORT HOUSEHOLD GOODS OR PERSONAL EFFECTS NOT CARRIED IN A TRAILER, THE EMPLOYEE IS NOT ENTITLED TO REIMBURSEMENT FOR THE "SET-UP" CHARGES INCURRED TO PREPARE HIS TRAILER FOR SHIPMENT, NOR FOR THE COST OF MOVING ITEMS NOT HAULED IN THE TRAILER.

TO H. C. AGER, UNITED STATES DEPARTMENT OF AGRICULTURE, APRIL 9, 1965:

THIS REFERS TO YOUR LETTER OF FEBRUARY 25, 1965, REFERENCE 6540, WITH ENCLOSURES, REQUESTING OUR DECISION AS TO THE PROPRIETY OF CERTIFYING FOR PAYMENT THE VOUCHER THEREWITH SUBMITTED IN FAVOR OF MR. JERALD L. BAKER FOR $25. THE VOUCHER REPRESENTS REIMBURSEMENT OF EXPENSES FOR THE TRANSPORTATION, LOADING AND UNLOADING OF A UTILITY HOUSE OR SHED.

MR. BAKER WAS TRANSFERRED FROM SANTA BARBARA, CALIFORNIA, TO SAN BERNARDINO, CALIFORNIA, ON OR ABOUT NOVEMBER 23, 1964, UNDER TRAVEL AUTHORIZATION DATED NOVEMBER 6, 1964. TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS WAS AUTHORIZED. YOU SAY THAT MR. BAKER ELECTED TO TRANSPORT HIS HOUSE TRAILER AND WAS REIMBURSED FOR THE TRANSPORTATION OF A PRIVATELY OWNED HOUSE TRAILER FOR USE AS A RESIDENCE. THE CLAIM FOR REIMBURSEMENT FOR THE TRANSPORTATION OF THE UTILITY HOUSE WAS ORIGINALLY DISALLOWED BECAUSE SUCH TRANSPORTATION WAS NOT SPECIFICALLY PROVIDED FOR IN PUBLIC LAW 87-776, 5 U.S.C. 73B 1, WHICH PROVIDES FOR THE PAYMENT OF COMMERCIAL TRANSPORTATION OF A HOUSE TRAILER OR MOBILE DWELLING. THE COMBINED PAYMENT WOULD NOT EXCEED THE MAXIMUM PAYMENT AUTHORIZED UNDER THE ABOVE-MENTIONED STATUTE. THE UTILITY HOUSE CONTAINED GARDEN TOOLS, OUTDOOR FURNITURE, AND WAS IN GENERAL USED AS A STORAGE SPACE FOR MISCELLANEOUS TOOLS AND CLOTHING. YOU REQUEST INFORMATION WHETHER THE UTILITY HOUSE COULD BE CONSIDERED A COMPONENT PART OF THE HOUSE TRAILER ESSENTIAL FOR THE MAINTENANCE OF A COMFORTABLE HOME.

REGULATIONS GOVERNING THE PAYMENT FOR THE TRANSPORTATION OF HOUSE TRAILERS ARE CONTAINED IN SECTION 6 OF BUREAU OF THE BUDGET CIRCULAR NO. A -56, AS REVISED, EFFECTIVE OCTOBER 9, 1962, PROVIDE IN PART AS FOLLOWS:

6.1 ELIGIBILITY FOR ALLOWANCES.

A. AN EMPLOYEE WHO IS ENTITLED TO TRANSPORTATION OF HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS UNDER SECTIONS 1 AND 2, 3, 5, OR 7 OF THESE REGULATIONS SHALL, IN LIEU OF SUCH TRANSPORTATION, BE ENTITLED TO AN ALLOWANCE, AS PROVIDED IN THIS SECTION, FOR THE TRANSPORTATION OF A HOUSE TRAILER FOR USE AS A RESIDENCE.

6.3 COMPUTATION OF ALLOWANCES.

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

(1) THE ALLOWANCE SHALL INCLUDE THE CARRIER'S CHARGE FOR ACTUAL TRANSPORTATION OF THE TRAILER IN AN AMOUNT NOT EXCEEDING THE APPLICABLE TARIFF AS APPROVED BY THE INTERSTATE COMMERCE COMMISSION OR SIMILAR STATE REGULATORY BODY FOR MOVEMENT OF A TRAILER OF THE SIZE AND TYPE INVOLVED FOR THE DISTANCE INVOLVED, COMPUTED AS PROVIDED IN SUBSECTION 6.2

(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.'

SECTION 12.F OF THE ABOVE-CITED REGULATIONS DEFINES "HOUSE TRAILER" AS ALL TYPES OF MOBILE DWELLINGS CONSTRUCTED FOR USE AS A RESIDENCE AND DESIGNED TO BE MOVED OVERLAND, EITHER SELF-PROPELLED OR BY TOWING. WE ARE OF THE VIEW THAT THOSE ITEMS WHICH ARE FASTENED TO A HOUSE TRAILER SO AS TO BECOME AN INTEGRAL PART OF THE TRAILER ARE CONSIDERED AS PART OF THE TRAILER. UNDER THE RELATED CIRCUMSTANCES WE DO NOT REGARD THE UTILITY HOUSE (SHED) HERE INVOLVED AS AN INTEGRAL PART OF THE TRAILER AND THE VOUCHER WHICH IS RETURNED HEREWITH, WITH RELATED PAPERS, MAY NOT BE CERTIFIED FOR PAYMENT.

YOU REQUEST INFORMATION WHETHER THE CLAIMANT WOULD BE ENTITLED TO REIMBURSEMENT OF "SET UP" CHARGES WHICH INCLUDED UNBLOCKING AND BLOCKING THE TRAILER, TAPING AND BLOCKING FURNITURE AND DRAWERS AND DISCONNECTING AND CONNECTING THE SEWER AND WIRING FACILITIES. YOU ALSO REQUEST INFORMATION WHETHER IT WOULD BE PROPER TO PAY A CLAIM, FALLING WITHIN THE MAXIMUM PAYMENT ALLOWABLE, THAT INVOLVED AN ADDITIONAL EXPENSE FOR THE MOVEMENT OF SUCH ITEMS AS A LAWN MOWER, FREEZER, AND OUTDOOR FURNITURE THAT COULD NOT BE HAULED INSIDE THE TRAILER. IT IS NOTED FROM THE FILE THAT THE CLAIM FOR THE "SET UP" CHARGES HAS BEEN DISALLOWED AND WE ASSUME THAT YOU HAVE A RECLAIM BEFORE YOU FOR THESE CHARGES AS WELL AS A CLAIM FOR THE TRANSPORTATION OF ITEMS WHICH COULD NOT BE CARRIED IN THE TRAILER. ON THIS BASIS WE WILL ANSWER YOUR QUESTIONS.

IT IS NOTED UNDER SECTION 6.3 (3) OF THE ABOVE-CITED REGULATIONS THAT WHEN A TRAILER IS TRANSPORTED BY A COMMERCIAL CARRIER THE ALLOWANCE SHALL NOT INCLUDE COSTS OF PREPARING TRAILERS FOR MOVEMENT NOR CHARGES DESIGNATED IN TARIFFS AS "SPECIAL SERVICE.' THE APPLICABLE TARIFF (MF- I.C.C. NO. 10) UNDER "SPECIAL SERVICE" COVERS, AMONG OTHER THINGS, UNBLOCKING AND BLOCKING TRAILERS, CONNECTING AND DISCONNECTING UTILITIES AND PACKING AND UNPACKING HOUSEHOLD CONTENTS. THUS, THE COST OF THE "SET UP" CHARGES IS SPECIFICALLY EXCLUDED BY SECTION 6.3 (3) QUOTED ABOVE.

SECTION 6.1A OF THE REGULATIONS PROHIBITS THE TRANSPORTATION, AT GOVERNMENT EXPENSE, OF HOUSEHOLD GOODS OR PERSONAL EFFECTS THAT WERE NOT CARRIED IN A HOUSE TRAILER TRANSPORTED AT GOVERNMENT EXPENSE.