B-160630, JAN. 23, 1967

B-160630, JAN. 23, 1967

TO MR. SAMUEL G. READ:

YOUR LETTER OF DECEMBER 13, 1966, RETURNING TREASURY CHECK NO. 83,530,310, DATED OCTOBER 20, 1966, FOR $62.32, THE AMOUNT ALLOWED BY OUR SETTLEMENT OF OCTOBER 10, 1966, ON YOUR CLAIM FOR $407.32, FOR TRAVEL AND TRANSPORTATION EXPENSES INCIDENT TO YOUR DECEMBER 1965 CHANGE OF DUTY STATION, ASKS THAT WE RECONSIDER OUR SETTLEMENT.

YOU POINT OUT THAT YOUR TRAVEL AUTHORIZATION COVERED YOUR "MOBILE HOME" NOT A "TRAILER.' WE RECOGNIZED THAT IT WAS YOUR MOBILE HOME THAT WAS TRANSPORTED FROM YOUR OLD TO YOUR NEW DUTY STATION. BUREAU OF THE BUDGET CIRCULAR NO. A-56, DATED APRIL 30, 1962, CONTAINING THE APPLICABLE REGULATIONS GOVERNING PAYMENT OF TRAVEL AND TRANSPORTATION EXPENSES OF CIVILIAN OFFICERS AND EMPLOYEES OF THE UNITED STATES IN SUBSECTION 1.2F DEFINES "HOUSE TRAILER" AS MEANING "ALL TYPES OF MOBILE DWELLINGS CONSTRUCTED FOR USE AS A RESIDENCE AND DESIGNED TO BE MOVED OVERLAND, EITHER SELF-PROPELLED OR BY TOWING.'

IN OUR CONSIDERATION OF YOUR CLAIM WE WERE GOVERNED BY THE PROVISIONS OF 5 U.S.C. 73B-1 (B), WHICH READS IN PERTINENT PART AS FOLLOWS:

"* * * UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, ANY CIVILIAN OFFICER OR EMPLOYEE WHO TRANSPORTS A HOUSE TRAILER OR MOBILEDWELLING WITHIN THE CONTINENTAL UNITED STATES * * * FOR USE AS A RESIDENCE AND WHO WOULD OTHERWISE BE ENTITLED TO TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS * * * SHALL BE ENTITLED IN LIEU OF THE TRANSPORTATION TO WHICH HE WOULD OTHERWISE BE ENTITLED * * * TO A REASONABLE ALLOWANCE, NOT TO EXCEED 20 CENTS PER MILE FOR TRANSPORTATION OF THE HOUSE TRAILER OR MOBILE DWELLING IF SUCH TRAILER OR DWELLING IS TRANSPORTED BY SUCH OFFICER OR EMPLOYEE, OR, IF SUCH TRAILER OR DWELLING IS NOT SO TRANSPORTED BY SUCH OFFICER OR EMPLOYEE, TO COMMERCIAL TRANSPORTATION OF THE HOUSE TRAILER OR MOBILE DWELLING AT GOVERNMENT EXPENSE, OR REIMBURSEMENT TO SUCH OFFICER OR EMPLOYEE THEREFOR, INCLUDING THE PAYMENT OF NECESSARY TOLLS, CHARGES, AND PERMIT FEES, EXCEPT THAT NO PAYMENT UNDER THIS SENTENCE SHALL EXCEED THE MAXIMUM PAYMENT TO WHICH SUCH OFFICER OR EMPLOYEE WOULD OTHERWISE BE ENTITLED UNDER THIS SECTION FOR TRANSPORTATION AND TEMPORARY STORAGE OF HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS IN CONNECTION WITH THIS TRANSFER.'

PURSUANT TO THE FOREGOING STATUTORY PROVISION THE BUREAU OF THE BUDGET ISSUED THE FOLLOWING REGULATIONS, CIRCULAR NO. A-56, WHICH WE WERE REQUIRED TO FOLLOW IN SETTLING YOUR CLAIM. SUCH REGULATIONS, AMENDED BY TRANSMITTAL MEMORANDUM NO. 1, DECEMBER 17, 1962, READ IN PERTINENT PART:

"6.1 ELIGIBILITY FOR ALLOWANCES.

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

"B. ALLOWANCES FOR TRANSPORTATION OF HOUSE TRAILERS MAY BE MADE ONLY FOR TRANSPORTATION OF SUCH TRAILERS WITHIN AND BETWEEN ANY OF THE CONTINENTAL UNITED STATES * * *.

"6.3 COMPUTATION OF ALLOWANCES.

"A. WHEN A 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 SIMILAR STATE REGULATORY BODY FOR MOVEMENT OF A TRAILER OF THE SIZE AND TYPE INVOLVED FOR THE DISTANCE INVOLVED * * *.

"/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 * * * AND CARRIERS' SERVICE CHARGES FOR OBTAINING SUCH PERMITS.

"/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.'"

YOUR LETTER OF JUNE 10, 1966, POINTS OUT THAT THE MOVING CHARGE PAID BY YOU WAS A PACKAGE DEAL AND THAT IT INCLUDED DISMANTLING AWNINGS AND CONCRETE BLOCK SHIRTING, THE MOVING THEREOF, AND INSTALLATION AT THE NEW LOCATION. ALSO YOU SAY THAT SUCH CHARGE INCLUDED THE MOVING OF AN OUTDOOR LOCKER AND THE CONTENTS THEREOF CONSISTING OF A LAWN MOWER, YARD TOOLS, ETC., WHICH REQUIRED THREE SEPARATE PICKUP LOADS. A BREAKDOWN OF THE CHARGES FOR THE VARIOUS ITEMS HAS NOT BEEN FURNISHED.

SINCE YOUR MOBILE HOME WAS MOVED BY COMMERCIAL MEANS WE CONSULTED THE INTRASTATE RATE SCHEDULE EFFECTIVE JANUARY 6, 1965, WHICH APPEARS TO BE APPLICABLE TO THE MOVEMENT HERE INVOLVED AND WHICH PROVIDED A MINIMUM CHARGE FOR OVER 75 MILES AND NOT OVER 100 MILES OF $55. THAT AMOUNT PLUS THE COMMON CARRIER FARE OF $7.32 COVERING THE TRAVEL OF YOU AND YOUR WIFE TO THE NEW DUTY STATION WAS ALLOWED TO YOU BY OUR SETTLEMENT OF OCTOBER 10, 1966. WHILE YOU WOULD BE ENTITLED TO REIMBURSEMENT FOR TOLLS, PERMIT FEES AND OTHER SIMILAR CHARGES INCLUDED WITHIN THE TOTAL CHARGE MADE BY THE CARRIER, YOU HAVE NOT FURNISHED ANY INFORMATION IN REGARD THERETO.

IN OUR DECISION 44 COMP. GEN. 619 (B-156315, APRIL 9, 1965), WE HELD AS FOLLOWS, QUOTING FROM THE HEADNOTE:

"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.'

IN VIEW OF THE FOREGOING WE FIND NO BASIS FOR CHANGING OUR SETTLEMENT OF OCTOBER 10, 1966. ACCORDINGLY, WE RETURN HEREWITH CHECK NO. 83,530,310, DATED OCTOBER 20, 1966, FOR $62.32, WHICH MAY BE NEGOTIATED WITHOUT PREJUDICE TO ANY FURTHER CONSIDERATION OF THE MATTER.