B-180943, OCT 2, 1974

B-180943, OCT 2, 1974

AN EMPLOYEE WHO SHIPPED HIS HOUSEHOLD GOODS AND MOBILE HOME SEPARATELY, INCIDENT TO HIS PERMANENT CHANGE OF STATION, BECAUSE THE COMMERCIAL HAULER OF HIS MOBILE HOME WOULD ONLY INSURE FACTORY INSTALLED CONTENTS, AND BECAUSE THE EMPLOYEE WANTED TO USE HIS HOUSEHOLD EFFECTS WHILE OCCUPYING TEMPORARY QUARTERS MAY NOT BE REIMBURSED COST OF SHIPPING HIS HOUSEHOLD GOODS SINCE PERTINENT REGULATIONS WHICH MAY NOT BE WAIVED, ONLY ALLOW FOR REIMBURSING EMPLOYEE FOR SHIPPING EITHER HIS MOBILE HOME OR HIS HOUSEHOLD GOODS BUT NOT BOTH AND EMPLOYEE HAS ALREADY BEEN REIMBURSED FOR SHIPPING HIS MOBILE HOME.

JOHN A. WEBER-TRANSPORTATION OF HOUSEHOLD GOODS AND MOBIL HOME:

THIS ACTION IS IN RESPONSE TO A REQUEST BY A CERTIFYING OFFICER AS TO THE PROPRIETY OF CERTIFYING FOR PAYMENT THE RECLAIM VOUCHER OF MR. JOHN A. WEBER IN THE AMOUNT OF $735.30 REPRESENTING REIMBURSEMENT FOR THE SHIPMENT OF HOUSEHOLD GOODS IN CONNECTION WITH HIS TRANSFER OF DUTY STATION FROM FORT COLLINS, COLORADO, TO NEW ORLEANS, LOUISIANA.

MR. JOHN A. WEBER, AN EMPLOYEE OF THE UNITED STATES DEPARTMENT OF AGRICULTURE, WAS REIMBURSED $2,310.30 FOR TRANSPORTATION OF HIS MOBILE HOME BY COMMERCIAL CARRIER AND NOW CLAIMS REIMBURSEMENT FOR THE TRANSPORTATION OF HOUSEHOLD GOODS WEIGHING 3,420 POUNDS AT THE COMMUTED RATE OF $21.50/CWT. THE HOUSEHOLD GOODS WERE TRANSPORTED IN A U-HAUL TRAILER.

MR. WEBER ARGUES THAT IT WAS NECESSARY FOR HIM TO TRANSFER HIS HOUSEHOLD GOODS SEPARATELY AS THE CARRIER TRANSPORTING HIS MOBILE HOME WOULD ONLY INSURE THE FACTORY INSTALLED CONTENTS FOR THE TRIP. MR. WEBER ALSO CLAIMS THAT SOME OF THE HOUSEHOLD GOODS TRANSPORTED SEPARATELY WERE TOO HEAVY OR TOO BULKY TO BE SHIPPED IN THE MOBILE HOME AND A STOP AT GREENVILLE, ILLINOIS, WAS MADE TO PICK UP A CAMPER THAT NECESSITATED TAKING VARIOUS HOUSEHOLD EFFECTS FOR USE WHILE IN TEMPORARY QUARTERS.

SECTION 5724(A)(2) OF TITLE 5 OF THE U.S.C. PROVIDES AUTHORITY UNDER REGULATIONS BY THE PRESIDENT FOR PAYMENT OF TRANSPORTATION OF THE HOUSEHOLD GOODS AND PERSONAL EFFECTS OF AN EMPLOYEE TRANSFERRED FROM ONE OFFICIAL STATION OR AGENCY TO ANOTHER FOR PERMANENT DUTY. SUBSECTION (B) (1) AUTHORIZES A REASONABLE ALLOWANCE NOT IN EXCESS OF 20 CENTS A MILE TO AN EMPLOYEE WHO TRANSPORTS HIS HOUSE TRAILER OR MOBILE DWELLING INSIDE THE CONTINENTAL UNITED STATES FOR USE AS A RESIDENCE AND WHO WOULD OTHERWISE BE ENTITLED TO TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS UNDER SUBSECTION (A) (2). SUBSECTION (B)(2) OF THAT SECTION PROVIDES FOR THE COMMERCIAL TRANSPORTATION OF THE HOUSE TRAILER AT GOVERNMENT EXPENSE OR REIMBURSEMENT TO THE EMPLOYEE THEREFOR, INCLUDING THE PAYMENT OF NECESSARY TOLLS, CHARGES AND PERMIT FEES, IF THE IF THE TRAILER IS NOT TRANSPORTED BY THE EMPLOYEE. SUCH PAYMENT MAY NOT EXCEED THE MAXIMUM PAYMENT TO WHICH THE EMPLOYEE WOULD OTHERWISE BE ENTITLED UNDER SUBSECTION (A)(2) OF SECTION 5724.

SECTION 2-7.1.A OF FEDERAL PROPERTY MANAGEMENT REGULATIONS (FPMR) 101 7, MAY 1, 1973, PROVIDES THAT THE ALLOWANCE FOR TRANSPORTATION OF A HOUSE TRAILER IS IN LIEU OF TRANSPORTING HOUSEHOLD GOODS AND PERSONAL EFFECTS. SUBSECTION 2-7.3.A(1) PROVIDES THAT WHERE THE TRANSPORTATION OF A HOUSE TRAILER IS BY COMMERCIAL MEANS, THE ALLOWANCES SHALL INCLUDE THE CARRIER'S ACTUAL CHARGES IN AN AMOUNT NOT TO EXCEED THE APPLICABLE TARIFF AS APPROVED BY THE INTERSTATE COMMERCE COMMISSION (OR APPROPRIATE STATE REGULATORY BODY FOR INTERSTATE MOVEMENTS) FOR TRANSPORTATION OF A MOBILE HOME OF THE SIZE AND TYPE INVOLVED FOR THE DISTANCE INVOLVED.

THUS, THE STATUTE AND REGULATIONS ABOVE CONTEMPLATE THAT PAYMENT BY THE GOVERNMENT FOR THE TRANSPORTATION OF A HOUSE TRAILER BY COMMERCIAL OR BY PRIVATE MEANS IS IN LEIU OF THE TRANSPORTATION OF ANY AND ALL HOUSEHOLD GOODS AND PERSONAL EFFECTS THAT AN EMPLOYEE OTHERWISE WOULD BE ENTITLED TO TRANSPORT AT GOVERNMENT EXPENSE. SEE 51 COMP. GEN. 27 (1971).

IN SITUATIONS SUCH AS THE SUBJECT CASE, WHERE THE FILE INDICATES THAT THE EMPLOYEE HAS BEEN REIMBURSED FOR THE COMMERCIAL TRANSPORTATION OF HIS MOBILE HOME FROM THE OLD TO THE NEW DUTY STATION UNDER APPLICABLE TARIFF RATES, TO PERMIT PAYMENT ON A COMMUTED RATE FOR THE SEPARATE MOVEMENT OVER AN EQUAL DISTANCE OF THE HOUSHOLD EFFECTS REMOVED FROM THE TRAILER WOULD CONTRAVENE THE INTENT OF THE STATUTORY PROVISIONS IN 5 U.S.C. 5724B WHICH AUTHORIZES THE TRANSPORTATION OF A MOBILE HOME IN LIEU OF TRANSPORTATION OF THE EMPLOYEE'S HOUSEHOLD GOODS.

IT IS, THEREFORE, CONCLUDED THAT WHERE THE TRANSPORTATION OF A MOBILE IS ACCOMPLISHED BY COMMERCIAL MEANS AT GOVERNMENT EXPENSE, SEPARATE REIMBURSEMENT FOR TRANSPORTATION OF THE HOUSEHOLD GOODS WHICH ARE NOT CARRIED INSIDE THE TRAILER, IS NOT AUTHORIZED UNDER SECTION 2-7.1.A OF THE FPMR.

SINCE MR. WEBER HAS BEEN REIMBURSED FOR THE TRANSPORTATION OF HIS HOUSE TRAILER IN ACCORDANCE WITH THE REGULATIONS IN SECTION 2-7.1A. OF FPMR, THE RECLAIM VOUCHER MAY NOT BE CERTIFIED FOR PAYMENT.