B-161585, JAN. 8, 1968

B-161585: Jan 8, 1968

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AN EMPLOYEE WHO HAD TO PAY A SECOND COMMERCIAL CARRIER TO PLACE HIS HOUSE TRAILER ON HIS LOT BECAUSE THE TRANSPORTING CARRIER WAS UNABLE TO DO SO ON ACCOUNT OF THE NARROW ENTRANCE AND THE DRIVER'S UNWILLINGNESS TO PROCEED OVER A NEIGHBOR'S PROPERTY AND POSSIBLE DAMAGE MAY NOT BE REIMBURSED FOR THE ADDITIONAL COST SINCE IT IS A CARRIER'S TRANSPORTATION CHARGE AND NOT A TOLL OR OTHER TYPE FEE AND. UNDER SEC. 9.3A (1) OF THE REGULATION ALLOWANCES ARE LIMITED TO THE TARIFF APPROVED BY ICC FOR THE TRAILER AND DISTANCE INVOLVED. BLACKWELL: THIS IS IN REPLY TO YOUR LETTER OF NOVEMBER 16. THE CLAIM FOR $52.25 REPRESENTS THE EXPENSE ARISING FROM THE USE OF A SECOND COMMERCIAL CARRIER TO PLACE THE TRAILER ON HIS LOT IN GRAND COULEE WHEN THE FIRST CARRIER WAS UNABLE TO DO SO BECAUSE OF THE NARROW ENTRANCE AND THE DRIVER'S UNWILLINGNESS TO PROCEED (WITH PERMISSION) OVER A NEIGHBOR'S PROPERTY BECAUSE OF POSSIBLE DAMAGE TO A SEPTIC FIELD LOCATED THEREON.

B-161585, JAN. 8, 1968

TRANSPORTATION - HOUSE TRAILER DECISION TO CERTIFYING OFFICER OF BUREAU OF RECLAMATION CONCERNING PROPRIETY OF CERTIFYING FOR PAYMENT ADDITIONAL TRANSPORTATION EXPENSES IN CONNECTION WITH MOVEMENT OF HOUSE TRAILER FROM PRINEVILLE, OREGON, TO GRAND COULEE, WASHINGTON INCIDENT TO CHANGE OF STATION. AN EMPLOYEE WHO HAD TO PAY A SECOND COMMERCIAL CARRIER TO PLACE HIS HOUSE TRAILER ON HIS LOT BECAUSE THE TRANSPORTING CARRIER WAS UNABLE TO DO SO ON ACCOUNT OF THE NARROW ENTRANCE AND THE DRIVER'S UNWILLINGNESS TO PROCEED OVER A NEIGHBOR'S PROPERTY AND POSSIBLE DAMAGE MAY NOT BE REIMBURSED FOR THE ADDITIONAL COST SINCE IT IS A CARRIER'S TRANSPORTATION CHARGE AND NOT A TOLL OR OTHER TYPE FEE AND, THEREFORE, UNDER SEC. 9.3A (1) OF THE REGULATION ALLOWANCES ARE LIMITED TO THE TARIFF APPROVED BY ICC FOR THE TRAILER AND DISTANCE INVOLVED.

TO MRS. NEDRA A. BLACKWELL:

THIS IS IN REPLY TO YOUR LETTER OF NOVEMBER 16, 1967, REFERENCE 360, REQUESTING OUR DECISION AS TO WHETHER YOU MAY CERTIFY FOR PAYMENT A VOUCHER IN THE AMOUNT OF $52.25 SUBMITTED BY MR. ROBERT A. HAUTALA, AN EMPLOYEE OF THE DEPARTMENT OF THE INTERIOR, FOR ADDITIONAL TRANSPORTATION EXPENSES IN CONNECTION WITH THE MOVEMENT OF HIS HOUSE TRAILER FROM PRINEVILLE, OREGON, TO GRAND COULEE, WASHINGTON, FOLLOWING A CHANGE OF OFFICIAL STATION ON OCTOBER 8, 1967.

THE CLAIM FOR $52.25 REPRESENTS THE EXPENSE ARISING FROM THE USE OF A SECOND COMMERCIAL CARRIER TO PLACE THE TRAILER ON HIS LOT IN GRAND COULEE WHEN THE FIRST CARRIER WAS UNABLE TO DO SO BECAUSE OF THE NARROW ENTRANCE AND THE DRIVER'S UNWILLINGNESS TO PROCEED (WITH PERMISSION) OVER A NEIGHBOR'S PROPERTY BECAUSE OF POSSIBLE DAMAGE TO A SEPTIC FIELD LOCATED THEREON.

THE RECORD SHOWS THAT MR. HAUTALA HAS BEEN REIMBURSED $481.30 FOR TRANSPORTATION OF HIS TRAILER FROM PRINEVILLE TO GRAND COULEE, WHICH INCLUDED $44.50 FOR A PILOT CAR FROM PLYMOUTH, WASHINGTON, TO GRAND COULEE. YOU INDICATE THAT YOU CAN FIND NO BASIS FOR PAYING THE ADDITIONAL TRANSPORTATION EXPENSE OF $52.25, CITING OUR DECISION OF AUGUST 9, 1967, B -161585.

WITH RESPECT TO THE ALLOWANCES FOR TRANSPORTATION OF HOUSE TRAILERS SECTIONS 9.1A, AND 9.3A (1) AND (2) OF BUREAU OF THE BUDGET CIRCULAR NO. A -56 PROVIDE IN PART AS FOLLOWS:

"9.1 ELIGIBILITY.

"A. AN EMPLOYEE WHO IS ENTITLED TO TRANSPORTATION OF HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS UNDER 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. * * *

"9.3COMPUTATION 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.'

THERE DOES NOT APPEAR TO BE ANY QUESTION THAT THE EXPENSE INVOLVED HERE ($52.25) IS A CARRIER'S TRANSPORTATION CHARGE AND NOT A TOLL OR OTHER TYPE OF FEE. UNDER SECTION 9.3A (1) OF THE REGULATIONS SUCH ALLOWANCES ARE LIMITED TO THE TARIFF AS APPROVED BY THE ICC FOR TRANSPORTATION OF A TRAILER OF THE SIZE AND TYPE INVOLVED FOR THE DISTANCE INVOLVED. ASSUMING THAT THE ALLOWANCE OF $481.30 REPRESENTS THE APPLICABLE ICC TARIFF FOR THE TRAILER IN QUESTION OVER THE DISTANCE INVOLVED NO FURTHER ALLOWANCE FOR TRANSPORTATION IS PAYABLE. SEE IN GENERAL B-159836, AUGUST 12, 1966 (COPY ENCLOSED).

IT IS FOR NOTING THAT THE LIMITATION ON ALLOWANCES PRESCRIBED IN SUBSECTION 9.3A OF THE REGULATIONS IS FURTHER LIMITED IN SUBSECTION 9.4 TO THE MAXIMUM AMOUNT WHICH WOULD BE ALLOWED FOR TRANSPORTATION AND 60 DAYS' TEMPORARY STORAGE OF AN EMPLOYEE'S HOUSEHOLD GOODS AND PERSONAL EFFECTS, IF, INSTEAD OF MOVING A TRAILER, THE QUANTITY OF HOUSEHOLD GOODS AND PERSONAL EFFECTS ALLOWABLE UNDER SUBSECTION 6.1 OF THE REGULATIONS WERE MOVED.

IN VIEW OF THE FOREGOING THE VOUCHER WHICH IS RETURNED HEREWITH MAY NOT BE CERTIFIED FOR PAYMENT.