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B-207647(CAM) 1 (1982-07-13)

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V


DECISION


THE CCMPTROLLWR GENERAL
OF TH13 UN3IS D STATUE
WASHINOTON, 93,C-- U0546


FILE: B-207647(CAM)


DATE:


9
July 13, 1982


MATTER {


DIGEST:
      1.


)F3


Bernard J. Peters-Transportation
of Household Goods-Excess Weight


The indebtedness of an employee, which
resulted from the shipment of househtold
goods in excess of the 11,000 pound
statutory limitation, cannot be waived
because the employee lacked knowledue
of the statutory limitation. No
Government agency or employee has the
authority to waive a statutory provision9


2. Further, excess w
    in the shipment o
    personal effects
    expenses and are
    waiver provisions
    (1976).


eight chnrges incurred
f household goods and
are transportation
excluded from the
of 5 u.s.C. § 5584


     An Authorized Certifying Officer of the Bureau of Land
Management has asked for a decinion in answer to the following
question; May the Bureau of Land Management (BLM) waive a
charge assesiied against an employee for the costs of shipping
household goods in excess of the statutory weight limitation?
No basis for waiving the statutory limitation exists. Regardless
of the reason; for the shipment of exceds weight, DLM has no
legal authority to waive the excess costs.

     When Mr. Bernard J. Peters was appointed as a manpower
shortage employee, he relocated from Old Forge, Now York,
to Alexandria, Virginia.  Hie travel orders, dated Decem-
ber 31, 1980, authorized the shipment of household goods
and personal effects, not to exceed 11,000 pounds, at
government expene. On January 23, 1981, Mr. Peters
shipped 14,130 pounds of household goods. BLM subsequently
billed Mr. Peters for the cost of shipping 3,130 pounds, the
amount his shipment exceeded the 11,000 pound limit. Mr. Peters
claims he was never informed of the weight limitation and
asks for a waiver of the excess weight charge.   BLM denied
the request since It was unable to find any authority for
such a waiver.


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