________________________
 
                          September 17 , 1998
                        ________________________
 
 
                            GSBCA 14680-RELO
 
 
                    In the Matter of SCOTT JOHNSTONE
 
 
         Scott Johnstone, Cape Coral, FL, Claimant.
 
        Gary S. Moore, Manager, Financial Services Division, Federal
   Aviation  Administration,  Washington,  DC,   appearing  for  the
   Department of Transportation.
 
   GOODMAN, Board Judge.
 
        An official of the Federal Aviation Administration (FAA) has
   declined to allow an employee to ship his spare automobile engine
   at government  expense. The FAA  has requested from this  Board a
   decision pursuant to 31 U.S.C.   3529 (Supp. II 1996) with regard
   to whether an  automobile engine can be properly  included in the
   definition of household goods (HHG) for purposes of reimbursing a
   federal employee for  shipment of same during a  permanent change
   of station (PCS) move which occurred in August 1997. 
 
        The agency has  referred us to Department  of Transportation
   (DOT)    Order    1500.6A     (implemented    by    FAA     Order
   1500.14A),[foot #] 1 which reads in relevant part:
 
        HOUSEHOLD GOODS AND PERSONAL EFFECTS. Personal property
        which  may  be  transported  legally  by  an authorized
        commercial carrier and which belongs to an employee and
        his/her  immediate  family  at  the  time  shipment  or
        storage  begins.      The   term   includes   household
        furnishings,  equipment   and  appliances,   furniture,
        clothing, books, and similar property.  Snowmobiles and
        vehicles with  two or three wheels;  e.g., motorcycles,
        mopeds, and  golf carts,  may be  shipped as  household
                                                                    
                   ----------- FOOTNOTE BEGINS ---------
 
        [foot #] 1 This definition  of HHG is  substantially similar
   to  the  definition  included in  the  Federal  Travel Regulation
   (FTR), 41 CFR  302-1.4 (1997).  The  FAA is governed by  both the
   DOT order cited and the FTR.  FAA Personnel Reform Implementation
   Bulletin (PRIB) #001 (Apr. 1, 1996).
 
                   ----------- FOOTNOTE ENDS -----------
 
 
 
        goods.  It does  not  include  property  which  is  for
        resale, disposal, or commercial use rather than for use
        by the employee or members of his/her immediate family;
        nor  does it include such items as automobiles, station
        wagons,  motorcycles,   and  similar   motor  vehicles,
        airplanes, mobile homes, camper trailers, boats, birds,
        pets, livestock, cordwood, building materials, property
        belonging to  any persons  other than  the employee  or
        his/her immediate  family,  or  any  property  acquired
        during  a move  or  intended for  use  in conducting  a
        business or other commercial enterprise.
 
        The agency offers no reason why the claimant was not allowed
   to include  his automobile engine  as HHG.  The  agency s request
   for an opinion states that the above definition  does not mention
   automobile   engines   or   replacement   parts   [as   HHG], and
   furthermore, the above  definition, as well  as that included  in
   the FTR,   specifically excludes automobiles  from the definition
   [of HHG].     However, the  apparent intent of the  regulation in
   excluding automobiles is because  an automobile is a  vehicle and
   not  equipment . . . or similar property.   
 
        Perhaps the  agency official  in this  instance declined  to
   authorize  reimbursement for  shipment of  the automobile  engine
   because of  its weight.    This  would not be  a valid  reason to
   decline to  authorize shipment.  An automobile  engine is clearly
   personal property, and there  is no indication that the  claimant
   is holding the engine for resale, disposal, or commercial use, or
   that the engine could not be transported legally by an authorized
   commercial carrier.  Accordingly, it is within the  definition of
   HHG.  Decisions  by the Comptroller General and  this Board which
   interpret the similar  definition of household  goods in the  FTR
   support this conclusion. In R. H. Lommons, .  B-154294 (June  26,
   1964),   spare  automobile  tires  and  a  luggage  trailer  were
   considered  to  be   HHG  and  the   employee  was  entitled   to
   reimbursement for their shipment.   In Keith D. Weverstad,  GSBCA
   14366-RELO, 98-1 BCA   29,438,   this Board allowed reimbursement
   for  a  shipment of  HHG  that was  very  unusual and  included a
   taxidermy  collection (including  a full-  body  stuffed   bear),
   three motorcycles, a motorcycle trailer, an anvil, ore, petrified
   wood, a plow, a mannon mill,  tires, a compressor, and many boxes
   of books. 
 
                                Decision
 
        Unless the  shipment  of the  engine would  cause the  total
   shipment  to  exceed  any applicable  weight  limit,  claimant is
   entitled to reimbursement for shipment of the engine.
 
                                           _________________________
                                           ALLAN H. GOODMAN
                                           Board Judge