B-113801, APRIL 8, 1953, 32 COMP. GEN. 440

B-113801, APRIL 8, 1953, 32 COMP. GEN. 440

TRANSPORTATION - HOUSEHOLD EFFECTS - OVER-WATER SHIPMENTS - COMMUTATION GOVERNMENT BILLS OF LADING UNDER SECTION 12 (A) OF EXECUTIVE ORDER NO. 9805, AS AMENDED, WHICH PROVIDES THAT EXPENSES INCURRED BY EMPLOYEES FOR SHIPPING HOUSEHOLD GOODS WITHIN THE UNITED STATES MUST BE REIMBURSED AT THE COMMUTED RATE AND THAT GOVERNMENT BILLS OF LADING MAY NOT BE USED FOR SUCH SHIPMENTS, AN EMPLOYEE WHO IS TRANSFERRED UNDER ORDERS AUTHORIZING SHIPMENT OF HOUSEHOLD EFFECTS FROM A POINT WITHIN THE UNITED STATES TO NANTUCKET, MASSACHUSETTS, AN ISLAND APPROXIMATELY FIFTY MILES FROM NEW BEDFORD, MASSACHUSETTS, AVAILABLE ONLY BY STEAMSHIP, MAY NOT BE GRANTED PERMISSION TO USE GOVERNMENT BILLS OF LADING OR BE REIMBURSED AN AMOUNT IN EXCESS OF COMMUTED RATE FOR THE OVER-WATER SHIPMENT.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF COMMERCE, APRIL 8, 1953:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 12, 1953, REQUESTING A DECISION AS TO WHETHER AN EMPLOYEE OF THE WEATHER BUREAU, WHOSE HOUSEHOLD GOODS AND PERSONAL EFFECTS ARE AUTHORIZED TO BE MOVED TO NANTUCKET, MASSACHUSETTS, FROM OTHER LOCATIONS WITHIN THE CONTINENTAL UNITED STATES PURSUANT TO ORDERS DIRECTING A PERMANENT STATION TRANSFER, (1) MAY BE GRANTED PERMISSION TO USE GOVERNMENT BILLS OF LADING OR (2) IN LIEU THEREOF, MAY BE ALLOWED THE COMMUTED RATE BETWEEN NEW BEDFORD, MASSACHUSETTS, AND POINTS WITHIN THE UNITED STATES OTHER THAN NANTUCKET, AND IN ADDITION THERETO PAID ACTUAL EXPENSES FOR OVER WATER SHIPMENTS BETWEEN NEW BEDFORD AND NANTUCKET.

YOUR LETTER DISCLOSES THAT THE SHIPMENT OF AN EMPLOYEE'S HOUSEHOLD EFFECTS TO THE WEATHER BUREAU STATION ON NANTUCKET ISLAND, LOCATED APPROXIMATELY 50 MILES EAST OF NEW BEDFORD, MASSACHUSETTS, MAY BE MADE ONLY BY STEAMSHIP, AND THAT EMPLOYEES WHOSE EFFECTS ARE SHIPPED TO (OR FROM) THE NANTUCKET STATION PURSUANT TO A PERMANENT TRANSFER, ARE REQUIRED TO PERSONALLY BEAR THAT PORTION OF THE COST OF SUCH SHIPMENTS OVER AND ABOVE THE COMMUTED RATE ALLOWABLE (UNDER SCHEDULE A, EXECUTIVE ORDER NO. 10274) BETWEEN NEW BEDFORD AND POINTS OTHER THAN NANTUCKET WITHIN THE UNITED STATES.

SECTION 12 (A) OF EXECUTING ORDER NO. 9805, AS AMENDED, ISSUED UNDER SECTION 1 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, 60 STAT. 806, READS:

COMMUTATION OF EXPENSES--- GENERAL. IN LIEU OF THE PAYMENT OF ACTUAL EXPENSES OF TRANSPORTATION, PACKING, CRATING, DRAYAGE, AND UNPACKING OF HOUSEHOLD GOODS AND PERSONAL EFFECTS IN THE CASE OF TRANSFERS BETWEEN POINTS WITHIN THE CONTINENTAL UNITED STATES, REIMBURSEMENT SHALL BE MADE TO THE EMPLOYEE ON A COMMUTED BASIS AT RATES PER HUNDRED POUNDS AS FIXED BY ZONES IN SCHEDULE A WHICH IS ATTACHED TO AND MADE A PART OF THESE REGULATIONS. THE AMOUNT PAYABLE SHALL BE THE PRODUCT OF THE APPLICABLE RATE AND THE NET WEIGHT OF HOUSEHOLD GOODS AND PERSONAL EFFECTS ACTUALLY TRANSPORTED (WITHIN THE WEIGHT LIMITATION PRESCRIBED BY SECTION 16 HEREOF). WHERE THE WEIGHT OF THE HOUSEHOLD GOODS TRANSPORTED IS LESS THAN THE MINIMUM WEIGHT ALLOWANCE CHARGEABLE UNDER APPLICABLE TARIFFS THE EMPLOYEE MAY BE REIMBURSED TO THE EXTENT OF THE MINIMUM TARIFF REQUIREMENT. GOVERNMENT BILLS OF LADING SHALL NOT BE USED.

SECTION 13 OF EXECUTIVE ORDER NO. 9805 PROVIDES:

SCHEDULE OF RATES. THE SCHEDULE OF RATES IS PREDICATED ON ZONES CONSISTING OF MILEAGE BLOCKS. THE APPLICATION OF THE SCHEDULE WILL REQUIRE A DETERMINATION OF THE SHORT-LINE HIGHWAY DISTANCE BETWEEN THE POINTS WHICH MAY BE AUTHORIZED UNDER THESE REGULATIONS, AND IN ACCORDANCE WITH THE PROVISIONS OF THE HOUSEHOLD GOODS CARRIERS' BUREAU MILEAGE GUIDE NO. 4, MOTOR FREIGHT-1INTERSTATE COMMERCE COMMISSION NO. 27, OR SUCCESSIVE REISSUES THEREOF. IF THE RATE IS NOT SHOWN ON THE SCHEDULE FOR THE ACTUAL DISTANCE STATED IN SUCH MILEAGE GUIDE, THE RATE SHOWN FOR THE NEXT GREATER DISTANCE SHALL APPLY.

IT IS APPARENT FROM THE REGULATIONS THAT PAYMENT OF THE COMMUTED RATE OVER DISTANCES NOT PROVIDED FOR IN THE HOUSEHOLD GOODS CARRIERS' BUREAU MILEAGE GUIDE WAS NOT CONTEMPLATED. ALSO, THE REGULATIONS SPECIFICALLY PROVIDE THAT GOVERNMENT BILLS OF LADING SHALL NOT BE USED IN THE CASE OF SHIPMENTS OF HOUSEHOLD EFFECTS INCIDENT TO TRANSFERS OF STATION BETWEEN POINTS WITHIN THE CONTINENTAL UNITED STATES. TO AUTHORIZE REIMBURSEMENT FOR THE ADDITIONAL SUM EXPENDED BETWEEN NEW BEDFORD AND NANTUCKET, OR THE USE OF GOVERNMENT BILL OF LADING, WOULD BE TANTAMOUNT TO AN AMENDMENT OF THE REGULATIONS, WHICH IS NOT A FUNCTION OF THIS OFFICE. ACCORDINGLY, IN THE ABSENCE OF APPROPRIATE LANGUAGE IN THE REGULATIONS, THIS OFFICE DOES NOT FEEL THAT THE ADDITIONAL COST OF SHIPMENT OF THE EFFECTS FROM NEW BEDFORD TO NANTUCKET IS A PROPER ITEM OF TRANSPORTATION EXPENSE. YOUR SUBMISSION IS ANSWERED ACCORDINGLY.