B-118866, MARCH 15, 1954, 33 COMP. GEN. 392

B-118866, MARCH 15, 1954, 33 COMP. GEN. 392

TRANSPORTATION - HOUSEHOLD EFFECTS - RATES - MINIMUM TARIFF REQUIREMENT THE PHRASE "MINIMUM TARIFF REQUIREMENT" USED IN SECTION 12 (A) OF EXECUTIVE ORDER NO. 10507, DATED DECEMBER 10, 1953, WHICH AUTHORIZES REIMBURSEMENT FOR TRANSPORTATION OF HOUSEHOLD EFFECTS OF EMPLOYEES UPON CHANGE OF OFFICIAL STATION TO EXTENT OF "MINIMUM TARIFF REQUIREMENT" IN CASE THE WEIGHT OF THE EFFECTS IS LESS THAN 1000 POUNDS REFERS TO THE COMMUTED RATE AUTHORIZED IN THE EXECUTIVE ORDER FOR 1999 POUNDS OR LESS, AND NOT TO THE MINIMUM TARIFF CHARGED BY THE CARRIER FOR 1000 POUNDS.

COMPTROLLER GENERAL WARREN TO H. L. WALL, DEPARTMENT OF AGRICULTURE, MARCH 15, 1954:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 20, 1954, REQUESTING AN ADVANCE DECISION AS TO THE PROPRIETY OF CERTIFYING FOR PAYMENT THE RECLAIM VOUCHER THEREWITH TRANSMITTED IN FAVOR OF MISS NORMA K. JOHANSEN, FOR $70.83, REPRESENTING THE DIFFERENCE BETWEEN THE AMOUNT PREVIOUSLY PAID FOR TRANSPORTATION OF HOUSEHOLD EFFECTS AND THE AMOUNT APPARENTLY REIMBURSABLE UNDER EXECUTIVE ORDER NO. 10507, DATED DECEMBER 10, 1953, EFFECTIVE IN ANY CASE IN WHICH THE TRANSPORTATION INVOLVED IS AUTHORIZED AND COMMENCED ON AND AFTER MAY 8, 1953.

IT IS NOTED THAT LINCOLN, NEBRASKA, WAS MISS JOHANSEN'S PERMANENT STATION, WHEN, PURSUANT TO ORDERS ( NO. 5-2317-53) DATED JUNE 24, 1953, SHE WAS DIRECTED TO PROCEED TO CASPER, WYOMING, FOR PERMANENT DUTY. THE CITED ORDERS PROVIDED FOR TRAVEL OF THE EMPLOYEE AND HER IMMEDIATE FAMILY AND TRANSPORTATION OF HER HOUSEHOLD EFFECTS TO THE NEWLY ASSIGNED STATION AT GOVERNMENT EXPENSE.

THE RECORD SHOWS THAT ON JUNE 27, 1953, 320 POUNDS OF EFFECTS WERE SHIPPED VIA MOTOR VAN FROM LINCOLN TO CASPER BY THE FORD VAN LINES COMPANY AT A COST OF $89.43, ITEMIZED AS FOLLOWS:

CHART

320 POUNDS, MOVING AS 1,000 POUNDS MINIMUM AT $7.60 EACH---- $76.00

1 WARDROBE AT $5 EACH--------------------------------------- 5.00

1 BARREL AT $6 EACH----------------------------------------- 6.00

FEDERAL TRANSPORTATION TAX---------------------------------- 2.43

89.43

REIMBURSEMENT WAS MADE TO THE EMPLOYEE ON THE BASIS OF 320 POUNDS AT THE COMMUTED RATE OF $9.74 PER CWT., OR IN THE AMOUNT OF $31.17.

IN YOUR LETTER OF JANUARY 20, 1954, YOU QUOTE A PORTION OF SECTION 12 (A) OF EXECUTIVE ORDER NO. 10507, WHICH AUTHORIZES REIMBURSEMENT TO THE EXTENT OF THE MINIMUM TARIFF REQUIREMENT IN CASE THE WEIGHT OF THE HOUSEHOLD GOODS TRANSPORTED IS LESS THAN THE 1,000 POUND MINIMUM WEIGHT ALLOWANCE CHARGEABLE UNDER APPLICABLE TARIFFS. YOU ARE IN DOUBT AS TO WHETHER THE PHRASE "MINIMUM TARIFF REQUIREMENT" AS USED IN SECTION 12 (A) OF EXECUTIVE ORDER NO. 10507 MEANS THE RATE IN COLUMN (B) OF SCHEDULE A FOR 1,999 POUNDS OR LESS, OR THE AMOUNT WHICH THE TRANSPORTATION COMPANY CHARGED THE EMPLOYEE AS THEIR MINIMUM TARIFF FOR 1,000 POUNDS. IT IS TO BE NOTED THAT EXCEPT FOR THE SPECIFIC REFERENCE TO THE 1,000 POUND MINIMUM A SOMEWHAT SIMILAR PROVISION APPEARED IN EXECUTIVE ORDER NO. 10196, DATED DECEMBER 20, 1950.

UNDER THE TERMS OF EXECUTIVE ORDER NO. 10507, IT APPEARS CLEAR THAT THE COMMUTED RATE FOR 1,999 POUNDS OR LESS WOULD GOVERN THE REIMBURSEMENT IN THIS CASE RATHER THAN THE MINIMUM TARIFF CHARGED BY THE CARRIER. THUS, THE EMPLOYEE IS ENTITLED TO REIMBURSEMENT FOR THE TRANSPORTATION OF HER HOUSEHOLD EFFECTS (320 POUNDS) A DISTANCE OF 592 MILES COMPUTED ON A MINIMUM WEIGHT BASIS OF 1,000 POUNDS, AS AUTHORIZED BY ESTABLISHED TARIFFS APPLICABLE TO THE CARRIER THAT PERFORMED THE SERVICES, UPON THE COMMUTED RATE OF $10.20 PER CWT., WHICH IS THE RATE SPECIFIED IN THE EXECUTIVE ORDER COVERING THE TRANSPORTATION OF HOUSEHOLD EFFECTS OF 1,999 POUNDS OR LESS. CF. 27 COMP. GEN. 236.

ACCORDINGLY, THE RECLAIM VOUCHER WHICH IS RETURNED HEREWITH, REPRESENTING THE DIFFERENCE BETWEEN THE AMOUNT THE CLAIMANT HAS BEEN PAID AND THE AMOUNT AUTHORIZED BY EXECUTIVE ORDER NO. 10507, AS INDICATED ABOVE, MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT.