B-159765, OCT. 19, 1966

B-159765: Oct 19, 1966

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LANGLEY WAS AUTHORIZED TO SHIP 7. WAS 3. A-56 THE GROSS WEIGHT OF THE TWO DRUMS OF FURNITURE (200 POUNDS) ALSO SHOULD BE CONSIDERED AS THE NET WEIGHT SINCE IT DOES NOT APPEAR THAT THE EFFECTS IN THE TWO DRUMS WERE CRATED. THE AGGREGATE NET WEIGHT OF THE EFFECTS THAT WERE CRATED PLUS THE TWO DRUMS AND THEIR CONTENTS WAS 3. LANGLEY'S TWO HOMEMADE TRAILERS ARE CONSIDERED TO BE PART OF HIS PERSONAL EFFECTS UNDER SECTION 1.8 OF BUREAU OF THE BUDGET CIRCULAR NO. THE EMPLOYEE'S LIABILITY FOR TRANSPORTATION OF EXCESS WEIGHT ON A GOVERNMENT BILL OF LADING IS COMPUTED FROM THE TOTAL CHARGES ACCORDING TO THE RATIO OF EXCESS WEIGHT TO THE TOTAL WEIGHT OF THE SHIPMENT. 227 POUNDS EXCESS WEIGHT IS $285.90 (3227/10227 TIMES $906.07).

B-159765, OCT. 19, 1966

TO CHIEF OF AUDITS, FEDERAL COMMUNICATIONS COMMISSION:

THIS REFERS TO YOUR UNDATED LETTER, WITH ENCLOSURES, RECEIVED HERE ON JULY 26, 1966, REQUESTING OUR DECISION AS TO THE AMOUNT WHICH MAY BE ALLOWED MR. LEONARD LANGLEY, AN EMPLOYEE OF THE FEDERAL COMMUNICATIONS COMMISSION, ON GOVERNMENT BILL OF LADING NO. A-9411718.

BY TRAVEL AUTHORIZATION NO. 527, DATED OCTOBER 29, 1964, MR. LANGLEY WAS AUTHORIZED TO SHIP 7,000 POUNDS (NET WEIGHT) OF HOUSEHOLD GOODS AND PERSONAL EFFECTS AND ONE AUTOMOBILE FROM SANTA ANA, CALIFORNIA, TO SAN JUAN, PUERTO RICO, INCIDENT TO A PERMANENT CHANGE OF STATION.

GOVERNMENT BILL OF LADING NO. A-9411718, COVERING THE SHIPMENT BY SEA- LAND SERVICE, INC., SHOWS THE FOLLOWING ITEMS AND TRANSPORTATION CHARGES RELATED THERETO:

CHART

GROSS CUBIC OCEAN

ITEM WEIGHT FEET RATE FREIGHT

1 FORD TRUCK 4,630 480 85/CFT. $ 408.00

1 JEEP 2,390 260 85/CFT. 221.00

1 DODGE CAR 3,840 525 85/CFT. 446.25

1 TRAILER 2,200 148 85/CFT. 125.80

1 TRAILER 4,300 376 85/CFT. 319.60

4 CRATES HOUSEHOLD

FURNITURE 4,772 --- 9.65CWT. 411.67

2 DRUMS HOUSEHOLD

FURNITURE 200 22 1.06CFT. 23.32

TOTAL OCEAN FREIGHT $1,955.64

WHARFAGE 76.28

TOTAL CHARGES $2,031.92

THE NET WEIGHT OF THE FOUR CRATES OF HOUSEHOLD FURNITURE, AS SHOWN ON THE CARRIER'S INVOICE, WAS 3,527 POUNDS. UNDER THE LAST SENTENCE OF SECTION 1.7B OF BUREAU OF THE BUDGET CIRCULAR NO. A-56 THE GROSS WEIGHT OF THE TWO DRUMS OF FURNITURE (200 POUNDS) ALSO SHOULD BE CONSIDERED AS THE NET WEIGHT SINCE IT DOES NOT APPEAR THAT THE EFFECTS IN THE TWO DRUMS WERE CRATED. ACCORDINGLY, THE AGGREGATE NET WEIGHT OF THE EFFECTS THAT WERE CRATED PLUS THE TWO DRUMS AND THEIR CONTENTS WAS 3,727 POUNDS.

MR. LANGLEY'S TWO HOMEMADE TRAILERS ARE CONSIDERED TO BE PART OF HIS PERSONAL EFFECTS UNDER SECTION 1.8 OF BUREAU OF THE BUDGET CIRCULAR NO. A- 56 AND, THEREFORE, THE COMBINED WEIGHTS OF THE TWO TRAILERS AND THE HOUSEHOLD GOODS CONTAINED THEREIN MUST BE APPLIED TOWARD THE 7,000 POUNDS NET WEIGHT LIMITATION.

ADDING THE GROSS WEIGHTS OF THE TRAILERS (4,300 AND 2,200 POUNDS) TO THE NET WEIGHT OF THE OTHER HOUSEHOLD GOODS AND EFFECTS (3,727 POUNDS) RESULTS IN A TOTAL WEIGHT OF 10,227 POUNDS OR 3,227 POUNDS IN EXCESS OF THE AUTHORIZED WEIGHT LIMITATION.

UNDER SECTION 3.6 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, THE EMPLOYEE'S LIABILITY FOR TRANSPORTATION OF EXCESS WEIGHT ON A GOVERNMENT BILL OF LADING IS COMPUTED FROM THE TOTAL CHARGES ACCORDING TO THE RATIO OF EXCESS WEIGHT TO THE TOTAL WEIGHT OF THE SHIPMENT. AS SO COMPUTED, THE AMOUNT DUE FROM MR. LANGLEY FOR SHIPMENT OF 3,227 POUNDS EXCESS WEIGHT IS $285.90 (3227/10227 TIMES $906.07).

UNDER THE PROVISIONS OF 5 U.S.C. 73B-1 (F), 1964 EDITION, AND SECTION 8.2B OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, AN EMPLOYEE MAY BE AUTHORIZED TRANSPORTATION OF ONE PRIVATELY OWNED MOTOR VEHICLE AT GOVERNMENT EXPENSE. PURSUANT TO SUCH AUTHORITY THE CLAIMANT'S TRAVEL ORDER AUTHORIZED THE TRANSPORTATION OF AN AUTOMOBILE AT GOVERNMENT EXPENSE. THEREFORE, THE TRANSPORTATION EXPENSES, INCLUDING WHARFAGE ($467.25) RELATING TO THE EMPLOYEE'S DODGE AUTOMOBILE MAY BE ALLOWED BUT THE EXPENSES OF TRANSPORTATION, INCLUDING WHARFAGE, RELATING TO SHIPMENT OF THE FORD TRUCK ($427.20) AND THE WILLYS JEEP ($231.40) ARE CHARGEABLE TO THE EMPLOYEE.

IN SUMMARY, MR. LANGLEY IS OBLIGATED TO REFUND TO THE GOVERNMENT THE SUM OF $285.90 FOR SHIPMENT OF HOUSEHOLD GOODS AND PERSONAL EFFECTS IN EXCESS OF 7,000 POUNDS AND $658.60 FOR THE UNAUTHORIZED SHIPMENT OF TWO MOTOR VEHICLES.