B-152296, SEP. 12, 1963

B-152296, SEP. 12, 1963

TO MR. D. H. SHELTON, AUTHORIZED CERTIFYING OFFICER, UNITED STATES ATOMIC ENERGY COMMISSION:

ON AUGUST 13, 1963, YOU REQUESTED OUR DECISION CONCERNING THE AMOUNT YOU MAY CERTIFY FOR PAYMENT IN CONNECTION WITH THE VOUCHER OF MISS LILA B. SMITH FOR REIMBURSEMENT OF HER EXPENSES IN TRANSPORTING HER HOUSEHOLD EFFECTS FROM MEMPHIS, TENNESSEE TO OAK RIDGE, TENNESSEE INCIDENT TO HER APPOINTMENT AS A TECHNICAL INTERN WITH THE ATOMIC ENERGY COMMISSION AT OAK RIDGE.

PAYMENT OF MISS SMITH'S TRAVEL AND TRANSPORTATION EXPENSE WAS AUTHORIZED UNDER SECTION 7 (B) OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, APPROVED AUGUST 2, 1946, AS AMENDED, 5 U.S.C. 73B-3 (B), WHICH AUTHORIZES PAYMENT OF THE TRAVEL AND TRANSPORTATION EXPENSES OF CERTAIN APPOINTEES TO THEIR FIRST DUTY STATIONS.

THE HOUSEHOLD EFFECTS INVOLVED WERE TRANSPORTED BY MISS SMITH IN A RENTED TRAILER BEHIND HER PRIVATELY-OWNED AUTOMOBILE ON SATURDAY, JUNE 29, 1963. THE CHARGE FOR RENTING THE TRAILER WAS $14.17 AND THE VOUCHER WHICH YOU ENCLOSED IS FOR REIMBURSEMENT IN THAT AMOUNT, HOWEVER, MISS SMITH HAS INFORMALLY CLAIMED REIMBURSEMENT AT THE COMMUTED RATE FOR THE TRANSPORTATION OF HER HOUSEHOLD EFFECTS. SHE WAS UNABLE TO FIND WEIGHING FACILITIES DURING HER TRAVEL FROM MEMPHIS TO OAK RIDGE AND THEREFORE THE WEIGHT OF THE HOUSEHOLD EFFECTS HAS NOT BEEN FURNISHED. THE SIZE OF THE TRAILER USED WAS 4 BY 5 BY 3 FEET GIVING 60 CUBIC FEET OF SPACE. APPARENTLY THE COMMUTED PAYMENT SOUGHT BY MISS SMITH IS FOR 420 POUNDS AS PERMITTED BY SECTION 2.1G OF BUREAU OF THE BUDGET CIRCULAR NO. A-56 AS FOLLOWS:

"* * * IF NO ADEQUATE SCALE IS AVAILABLE AT POINT OF ORIGIN AT ANY POINT EN ROUTE, OR AT DESTINATION, A CONSTRUCTIVE WEIGHT, BASED ON SEVEN POUNDS PER CUBIC FOOT OF PROPERLY LOADED VAN SPACE, MAY BE USED. * * *"

IT APPEARS FROM THE STATEMENTS OF MISS SMITH WHICH YOU ENCLOSED THAT SCALES WERE NOT REASONABLY AVAILABLE FOR HER USE AT THE TIME SHE TRANSPORTED HER EFFECTS, HOWEVER, NO EVIDENCE HAS BEEN PRESENTED THAT THE 60 CUBIC FEET OF SPACE AVAILABLE IN THE RENTED TRAILER WERE COMPLETELY FILLED AND PROPERLY LOADED. WE HAVE ALLOWED COMMUTED PAYMENTS IN THE ABSENCE OF THE ACTUAL WEIGHT OF THE EFFECTS TRANSPORTED EVEN THOUGH THE EFFECTS WERE NOT PACKED BY COMMERCIAL MOVERS IF THERE IS EVIDENCE TO ESTABLISH THE AMOUNT OF SPACE FILLED AND A LIST OF THE ITEMS TRANSPORTED TOGETHER WITH THE ACTUAL VOLUME OCCUPIED BY EACH--- BASED ON ACTUAL MEASUREMENT OR A UNIFORM TABLE, PREFERABLY PREPARED BY A COMMERCIAL CARRIER. B-148627, MAY 11, 1962 COPY ENCLOSED.

THEREFORE, ON THE PRESENT RECORD REIMBURSEMENT MAY NOT BE ALLOWED FOR MORE THAN THE ACTUAL COST AS CONTAINED IN THE SUBMITTED VOUCHER WHICH IS RETURNED HEREWITH. HOWEVER, IF MISS SMITH IS ABLE TO PRODUCE ADDITIONAL EVIDENCE TO SHOW THAT ALL OR A SPECIFIC PART OF THE SPACE AVAILABLE IN THE RENTED TRAILER WAS FILLED AND PROPERLY LOADED SHE MAY BE PAID AT THE COMMUTED RATE ON THE BASIS OF THE CUBIC FEET OF VAN SPACE OCCUPIED BY HER EFFECTS.