B-126238, DEC. 28, 1955

B-126238: Dec 28, 1955

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COAST AND GEODETIC SURVEY: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 1. REQUESTING OUR DECISION AS TO WHETHER PAYMENT IS AUTHORIZED ON THE VOUCHER THEREWITH TRANSMITTED IN FAVOR OF THE ALLIED VAN LINES. THE GOODS WERE SHIPPED ON A GOVERNMENT BILL OF LADING ON WHICH ARE NOTED GROSS WEIGHT OF 17. IT IS EXPLAINED IN A LETTER DATED NOVEMBER 23. FROM THE VAN COMPANY THAT THE SEA VANS WITH PADS AND SKINS WERE WEIGHED ON THE TRUCK AND THE WHOLE WAS REWEIGHED AFTER LOADING. SECTION 16 OF THE REGULATION PROVIDES THAT THE NET WEIGHT OF GOODS UNCRATED INCLUDES THE WEIGHT OF CONTAINERS AND PACKING MATERIALS WHICH ARE REQUIRED TO PROTECT ARTICLES OF A FRAGILE OR BREAKABLE NATURE. SECTION 17 PROVIDES THAT THE GROSS WEIGHT ALLOWABLE FOR UNCRATED SHIPMENTS BY MOTOR CARRIERS IS 7.

B-126238, DEC. 28, 1955

TO MR. JOHN M. AMSTADT, AUTHORIZED CERTIFYING OFFICER, COAST AND GEODETIC SURVEY:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 1, 1955 (521A-PMB), REQUESTING OUR DECISION AS TO WHETHER PAYMENT IS AUTHORIZED ON THE VOUCHER THEREWITH TRANSMITTED IN FAVOR OF THE ALLIED VAN LINES, INC., IN THE AMOUNT OF $2,076.69 AS PAYMENT FOR TRANSPORTATION OF HOUSEHOLD EFFECTS OF ROLAND F. WHITE, AN EMPLOYEE OF YOUR AGENCY, UPON TRANSFER FROM HONOLULU, HAWAII, TO TUCSON, ARIZONA. THE GOODS WERE SHIPPED ON A GOVERNMENT BILL OF LADING ON WHICH ARE NOTED GROSS WEIGHT OF 17,680 POUNDS, TARE 9,340 POUNDS, NET WEIGHT 8,340 POUNDS. YOUR DOUBT IN THE MATTER APPEARS TO BE DUE TO THE FACT THAT SECTION 17 OF EXECUTIVE ORDER NO. 9805 AUTHORIZES A GROSS WEIGHT OF 8,750 POUNDS WHEN PACKED, BOXED, AND PLACED IN LIFT VANS FOR OVERSEAS SHIPMENT, OR A NET WEIGHT OF 7,000 POUNDS FOR SHIPMENT BY MOTOR VAN UNCRATED.

IT IS EXPLAINED IN A LETTER DATED NOVEMBER 23, 1955, FROM THE VAN COMPANY THAT THE SEA VANS WITH PADS AND SKINS WERE WEIGHED ON THE TRUCK AND THE WHOLE WAS REWEIGHED AFTER LOADING, THUS ARRIVING AT THE NET WEIGHT OF THE GOODS WITH ORDINARY CARTONS, CRATES, AND BARRELS. UNDERTHIS METHOD THERE HAS BEEN FURNISHED NO GROSS WEIGHT OF THE GOODS CORRESPONDING TO THE 8,750 POUNDS AS DEFINED IN THE EXECUTIVE ORDER. SECTION 16 OF THE REGULATION PROVIDES THAT THE NET WEIGHT OF GOODS UNCRATED INCLUDES THE WEIGHT OF CONTAINERS AND PACKING MATERIALS WHICH ARE REQUIRED TO PROTECT ARTICLES OF A FRAGILE OR BREAKABLE NATURE. SECTION 17 PROVIDES THAT THE GROSS WEIGHT ALLOWABLE FOR UNCRATED SHIPMENTS BY MOTOR CARRIERS IS 7,000 POUNDS. ACCORDINGLY, THE NET WEIGHT SHOWN UPON THE BILL OF LADING MUST OF NECESSITY BE COMPARED WITH THE PERMISSIBLE WEIGHT OF 7,000 POUNDS ALLOWED BY THE EXECUTIVE ORDER FOR SHIPMENTS BY VAN. CF. 28 COMP. WAS REQUESTED TO FURNISH HIS CHECK FOR $305.79 BASED ON THE PROPORTION SHOWN OF THE FREIGHT CHARGES OF $1,903.19. PAYMENT OF THAT SUM HAS BEEN MADE BY HIM. THE COST TO BE BORNE BY THE UNITED STATES, HOWEVER, IS FOR COMPUTATION UPON 7000/8340 OF THE TOTAL COST OF $2,076.69, THE EMPLOYEE BEING CHARGED WITH THE DIFFERENCE. CF. B-123798, JULY 7, 1955. HE SHOULD BE REQUESTED TO REMIT THE ADDITIONAL SUM FOUND DUE UPON RECOMPUTATION OF EXCESS COSTS.

CONCERNING THE REFERENCE BY THE EMPLOYEE TO THE PERCENTAGE ALLOWED BY "THE NAVY" IN ADDITION TO NET WEIGHT FOR PACKING MATERIALS USED IN VAN SHIPMENTS, IT MAY BE STATED THAT, BY SPECIFIC PROVISION OF THE JOINT TRAVEL REGULATIONS COVERING THE MOVEMENT OF EFFECTS OF MILITARY- - AS DISTINGUISHED FROM CIVILIAN-PERSONNEL, 5 PERCENT IS ALLOWED TO COVER PACKING MATERIALS IN CASE OF COMMERCIAL VAN SHIPMENTS. NO COMPARABLE PROVISION IS INCLUDED IN THE CIVILIAN REGULATIONS.

THE EXCESS PAYABLE BY THE EMPLOYEE DOES NOT AFFECT THE RIGHT OF THE CARRIER TO PROMPT PAYMENT FOR THE ENTIRE SHIPMENT AS IT WAS MOVED ON A GOVERNMENT BILL OF LADING. SEE 25 COMP. GEN. 360, 364; 26 ID. 293.

THE VOUCHER IS RETURNED AND, IN THE ABSENCE OF OTHER OBJECTIONS, MAY BE CERTIFIED FOR PAYMENT.