B-169402, MAY 14, 1970

B-169402, MAY 14, 1970

TRAILER ALLOWANCE--STORAGE AND SECONDARY MOVE--ADDITIONAL ALLOWANCE PRECLUDED EMPLOYEE'S CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED FOR STORAGE AND SECONDARY MOVE OF HIS HOUSE TRAILER INCIDENT TO CHANGE OF OFFICIAL STATION FROM DENVER TO MIAMI, WHICH EXPENSES AROSE BECAUSE DUE TO TRAILER'S SIZE (12' BY 60') IT WAS NECESSARY TO STORE IT NEAR MIAMI PERMANENT TRAILER SPACE COULD BE LOCATED, IS DENIED, AS UNDER APPLICABLE LAW AND REGULATIONS PAYMENT FOR TRANSPORTATION OF HOUSE TRAILER IS IN LIEU OF ANY PAYMENT FOR TRANSPORTING AND STORING HOUSEHOLD EFFECTS, AND ANY ALLOWANCE FOR STORAGE OF TRAILER IS SPECIFICALLY PRECLUDED. SEE B-165919, JAN. 22, 1969.

TO MR. FRANKLIN DEE SPANN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 27, 1970, REQUESTING RECONSIDERATION OF OUR SETTLEMENT DISALLOWING YOUR CLAIM FOR $65.65 FOR REIMBURSEMENT OF EXPENSES INCURRED FOR THE STORAGE AND SECONDARY MOVE OF YOUR HOUSE-TRAILER INCIDENT TO A CHANGE OF OFFICIAL STATION FROM DENVER, COLORADO, TO MIAMI, FLORIDA, IN NOVEMBER 1968.

THE RECORD INDICATES THAT YOU WERE AUTHORIZED TO SHIP YOUR HOUSE TRAILER FROM DENVER TO MIAMI AND THAT YOU WERE REIMBURSED IN ACCORDANCE WITH THE APPLICABLE INTERSTATE COMMERCE COMMISSION TARIFF FOR SUCH SHIPMENT. DUE TO THE SIZE OF YOUR TRAILER (12' BY 60') IT WAS NECESSARY TO STORE IT NEAR MIAMI UNTIL A PERMANENT TRAILER SPACE COULD BE LOCATED. IN VIEW THEREOF YOU BELIEVE YOU SHOULD BE REIMBURSED THE COST OF STORAGE AND TRANSPORTATION OF YOUR TRAILER FROM THE STORAGE SITE TO THE PERMANENT TRAILER SPACE.

SECTION 5724 OF TITLE 5, U.S.C. PROVIDES IN PERTINENT PART AS FOLLOWS:

"(B) UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, AN EMPLOYEE WHO TRANSPORTS A HOUSE-TRAILER OR MOBILE DWELLING INSIDE THE CONTINENTAL UNITED STATES, INSIDE ALASKA, OR BETWEEN THE CONTINENTAL UNITED STATES AND ALASKA, FOR USE AS A RESIDENCE, AND WHO OTHERWISE WOULD BE ENTITLED TO TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS UNDER SUBSECTION (A) OF THIS SECTION, IS ENTITLED, INSTEAD OF THAT TRANSPORTATION, TO---

"(1) A REASONABLE ALLOWANCE NOT IN EXCESS OF 20 CENTS A MILE FOR TRANSPORTATION OF THE HOUSE-TRAILER OR MOBILE DWELLING, IF THE TRAILER OR DWELLING IS TRANSPORTED BY THE EMPLOYEE; OR

"(2) COMMERCIAL TRANSPORTATION OF THE HOUSE-TRAILER OR MOBILE DWELLING, AT GOVERNMENT EXPENSE, OR REIMBURSEMENT TO THE EMPLOYEE THEREFOR, INCLUDING THE PAYMENT OF NECESSARY TOLLS, CHARGES, AND PERMIT FEES, IF THE TRAILER OR DWELLING IS NOT TRANSPORTED BY THE EMPLOYEE. HOWEVER, PAYMENT UNDER THIS SUBSECTION MAY NOT EXCEED THE MAXIMUM PAYMENT TO WHICH THE EMPLOYEE OTHERWISE WOULD BE ENTITLED UNDER SUBSECTION (A) OF THIS SECTION FOR TRANSPORTATION AND TEMPORARY STORAGE OF HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS IN CONNECTION WITH THIS TRANSFER."

WITH RESPECT TO THE COMPUTATION OF THE ALLOWANCE WHEN A HOUSE-TRAILER IS TRANSPORTED BY A COMMERCIAL CARRIER, SECTION 9.3, BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966, PROVIDES IN PERTINENT PART AS FOLLOWS:

"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.

"(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.'"

UNDER THE ABOVE LAW AND REGULATIONS THE PAYMENT FOR THE TRANSPORTATION OF A HOUSE-TRAILER IS IN LIEU OF ANY PAYMENT FOR TRANSPORTING AND STORING HOUSEHOLD EFFECTS. B-165919, JANUARY 22, 1969. MOREOVER, THE ABOVE REGULATION SPECIFICALLY PRECLUDES ANY ALLOWANCE FOR STORAGE OF THE TRAILER. ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM MUST BE SUSTAINED.

WE NOTE YOUR COMMENTS ABOUT A MODIFICATION OF THE REGULATION TO COVER EXPENSES OF THE NATURE HERE INVOLVED PRESUMABLY IN FUTURE SITUATIONS UNDER THE MISCELLANEOUS EXPENSES ALLOWANCE CATEGORY. IN THAT CONNECTION YOU CALL ATTENTION TO THE CHANGE MADE IN CIRCULAR NO. A-56 BY THE REVISION OF JUNE 26, 1969, SO AS TO PERMIT EXPENSES OF UNBLOCKING A TRAILER, ETC; TO BE CONSIDERED AS MISCELLANEOUS EXPENSES UNDER SECTION 3.1 OF SUCH REGULATIONS. SINCE THE REGULATIONS CONTAINED IN CIRCULAR NO. A-56 ARE ISSUED BY THE BUREAU OF THE BUDGET PERHAPS YOU WOULD LIKE TO BRING THE MATTER TO THE ATTENTION OF THAT AGENCY.