B-160328, NOVEMBER 25, 1966, 46 COMP. GEN. 439

B-160328, NOVEMBER 25, 1966, 46 COMP. GEN. 439

TRANSPORTATION - HOUSEHOLD EFFECTS - COMMUTATION - RESTRICTED TO CONTINENTAL UNITED STATES PAYMENT ON A COMMUTED RATE BASIS FOR THE TRANSPORTATION OF HOUSEHOLD EFFECTS LIMITED IN 5 U.S.C. 5724 TO EMPLOYEES TRANSFERRED WITHIN THE "CONTINENTAL UNITED STATES", DEFINED IN SECTION 1.2C OF THE BUREAU OF THE BUDGET CIRCULAR NO. A-56, ISSUED JUNE 1, 1962, AS THE FORMER 48 STATES AND THE DISTRICT OF COLUMBIA, AN EMPLOYEE WHO INCIDENT TO THE TRANSFER OF HIS DUTY STATION FROM ALBUQUERQUE, NEW MEXICO, TO ANCHORAGE, ALASKA, TRANSPORTS HIS HOUSEHOLD GOODS BY PRIVATELY OWNED AUTOMOBILE MAY NOT BE REIMBURSED UNDER A COMMUTED RATE SYSTEM. HOWEVER, IN ACCORDANCE WITH SECTION 3.1 OF THE BUDGET CIRCULAR, REIMBURSEMENT FOR THE TRANSPORTATION OF HOUSEHOLD GOODS OUTSIDE THE CONTINENTAL UNITED STATES MAY BE ALLOWED AT GOVERNMENT EXPENSE ON THE BASIS OF ACTUAL COST.

TO RAY D. STITHEM, FEDERAL AVIATION AGENCY, NOVEMBER 25, 1966:

THIS IS IN REPLY TO YOUR LETTER OF OCTOBER 14, 1966, REFERENCE AL 20, REQUESTING A DECISION AS TO WHETHER YOU MAY CERTIFY FOR PAYMENT A RECLAIM VOUCHER FOR $601.20 IN FAVOR OF TERRY M. CARSON, AN EMPLOYEE OF THE FEDERAL AVIATION AGENCY AT ANCHORAGE, ALASKA. THE EMPLOYEE REQUESTS PAYMENT FOR THE TRANSPORTATION BY PRIVATELY OWNED AUTOMOBILE OF 1,800 POUNDS OF HOUSEHOLD GOODS ON A COMMUTED RATE BASIS FROM ALBUQUERQUE, NEW MEXICO, TO ANCHORAGE, ALASKA, INCIDENT TO A TRANSFER OF DUTY STATION.

WITH RESPECT TO THE PAYMENT OF TRAVEL AND TRANSPORTATION EXPENSES 5 U.S.C. 73B-1 (A) (NOW 5 U.S.C. 5724) PROVIDED IN PERTINENT PART AS FOLLOWS:

UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, ANY CIVILIAN OFFICER OR EMPLOYEE OF THE GOVERNMENT WHO, IN THE INTEREST OF THE GOVERNMENT, IS TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER, INCLUDING TRANSFER FROM ONE DEPARTMENT TO ANOTHER, FOR PERMANENT DUTY, SHALL, EXCEPT AS OTHERWISE PROVIDED HEREIN, WHEN AUTHORIZED OR APPROVED BY SUCH SUBORDINATE OFFICIAL OR OFFICIALS OF THE DEPARTMENT CONCERNED AS THE HEAD THEREOF MAY DESIGNATE FOR THE PURPOSE, BE ALLOWED AND PAID FROM GOVERNMENT FUNDS THE EXPENSES OF TRAVEL OF HIMSELF AND THE EXPENSES OF TRANSPORTATION OF HIS IMMEDIATE FAMILY (OR A COMMUTATION THEREOF IN ACCORDANCE WITH SECTION 73A OF THIS TITLE) AND THE EXPENSES OF TRANSPORTATION, PACKING, CRATING, TEMPORARY STORAGE, DRAYAGE, AND UNPACKING OF HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS (NOT TO EXCEED SEVEN THOUSAND POUNDS NET WEIGHT) * * * AND PROVIDED FURTHER, THAT EXPENSES OF TRAVEL AND TRANSPORTATION IN CONNECTION WITH THE TRANSFER OF OFFICERS AND EMPLOYEES TO POSTS OF DUTY OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES AND RETURN THEREFROM SHALL BE ALLOWED TO THE SAME EXTENT AND SUBJECT TO THE SAME LIMITATIONS PRESCRIBED FOR NEW APPOINTEES UNDER SECTION 73B-3 OF THIS TITLE.

REIMBURSEMENT ON A COMMUTED BASIS BETWEEN POINTS IN CONTINENTAL UNITED STATES WAS PROVIDED FOR IN 5 U.S.C. 73F-1 (B) (NOW 5 U.S.C. 5724):

IN LIEU OF THE PAYMENT OF ACTUAL EXPENSES OF TRANSPORATION, PACKING, CRATING, TEMPORARY STORAGE, DRAYAGE, AND UNPACKING OF HOUSEHOLD GOODS AND PERSONAL EFFECTS, IN THE CASE OF SUCH TRANSFERS BETWEEN POINTS IN CONTINENTAL UNITED STATES, REIMBURSEMENT SHALL BE MADE TO THE OFFICER OR EMPLOYEE ON A COMMUTED BASIS (NOT TO EXCEED THE AMOUNT WHICH WOULD BE ALLOWABLE FOR THE AUTHORIZED WEIGHT ALLOWANCE) AS SUCH RATES PER ONE HUNDRED POUNDS AS MAY BE FIXED BY ZONES IN REGULATIONS PRESCRIBED BY THE PRESIDENT. UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, ANY CIVILIAN OFFICER OR EMPLOYEE WHO TRANSPORTS A HOUSE TRAILER OR MOBILE DWELLING WITHIN THE CONTINENTAL UNITED STATES, WITHIN ALASKA, OR BETWEEN THE CONTINENTAL UNITED STATES AND ALASKA * * *.

THE AUTHORITY VESTED IN THE PRESIDENT BY THE FOREGOING SECTIONS WAS DELEGATED TO THE DIRECTOR OF THE BUREAU OF THE BUDGET UNDER EXECUTIVE ORDER NO. 10530, MAY 10, 1954. IN IMPLEMENTATION THEREOF THE DIRECTOR ISSUED CIRCULAR NO. T-56, JUNE 1, 1962. SECTION 1.2C OF THOSE REGULATIONS DEFINES "CONTINENTAL UNITED STATES" AS THE FORMER 48 STATES AND THE DISTRICT OF COLUMBIA. THIS LIMITATION TO THE "48 STATES" IS REQUIRED SINCE THE APPLICABLE LAW 5 U.S.C. 73B-4 (NOW 5721 (3) SPECIFICALLY SO DEFINES IT. SECTION 2.1A OF THE REGULATIONS PROVIDED THAT THE COMMUTED RATE SYSTEM FOR REIMBURSEMENT OF COSTS OF TRANSPORTATION OF HOUSEHOLD GOODS APPLIED TO TRANSFERS OF DUTY STATION WITHIN THE CONTINENTAL UNITED STATES. THE LIMITATION ON THE USE OF THE COMMUTED RATE SYSTEM TO SUCH TRANSFERS IS SPECIFICALLY REQUIRED BY THE LAW, 5 U.S.C. 73B-1 (B), QUOTED ABOVE. UNDER SECTION 3.1 OF THE SAME REGULATIONS TRANSPORTATION OF HOUSEHOLD GOODS OUTSIDE THE CONTINENTAL UNITED STATES WAS ALLOWED AT GOVERNMENT EXPENSE ON THE BASIS OF ACTUAL COSTS. TO THE SAME EFFECT SEE SECTIONS 1.2A, 6.4 AND 6.6 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED, DATED OCTOBER 12, 1966.

THE FOREGOING LAW AND REGULATIONS MAKE IT CLEAR THAT ALASKA IS NOT WITHIN THE TERM CONTINENTAL UNITED STATES AS USED THEREIN. THEREFORE, THE EXPENSES OF TRANSPORTATION OF HOUSEHOLD GOODS TO ALASKA CANNOT BE MADE UNDER A COMMUTED RATE SYSTEM. SEE B-103442, JUNE 13, 1951.

ON THE BASIS OF THE FOREGOING THE SUBMITTED VOUCHER, RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT.