B-148035, FEBRUARY 12, 1962, 41 COMP. GEN. 540

B-148035, FEBRUARY 12, 1962, 41 COMP. GEN. 540

FEES - PARKING - PRIVATELY OWNED AIRPLANES AN EMPLOYEE WHO PAYS A TIE-DOWN FEE FOR THE OVERNIGHT PARKING OF HIS PRIVATELY OWNED AIRPLANE USED ON OFFICIAL TRAVEL IS NOT ENTITLED TO REIMBURSEMENT FOR THE FEE IN VIEW OF SECTION 4 OF THE TRAVEL EXPENSE ACT OF 1949, 5 U.S.C. 837, WHICH PROVIDES THAT PAYMENT OF PARKING FEES IN ADDITION TO MILEAGE IS DISCRETIONARY, AND OF SECTION 3.5B (1) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, WHICH LIMITS PARKING FEE REIMBURSEMENT TO THOSE PAID FOR PARKING PRIVATELY OWNED AUTOMOBILES.

TO R. P. HOGAN, DEPARTMENT OF COMMERCE, FEBRUARY 12, 1962:

YOUR LETTER OF JANUARY 19, 1962, REFERENCE A-3.32, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE RECLAIM VOUCHER, THEREWITH TRANSMITTED, FOR $8.50, IN FAVOR OF MR. S. V. WYATT, AN EMPLOYEE OF THE WEATHER BUREAU, COVERING REIMBURSEMENT FOR TIE-DOWNS OF HIS PERSONALLY OWNED AIRPLANE WHEN USED ON OFFICIAL BUSINESS.

THE RECORD SHOWS THAT MR. WYATT WHILE TRAVELING BY PRIVATELY OWNED AIRPLANE ON OFFICIAL BUSINESS STOPPED OVERNIGHT AT ATLANTA, GEORGIA; MEMPHIS, TENNESSEE, AND CINCINNATI, OHIO. HE INCURRED COSTS OF $1.50, $6, AND $1, RESPECTIVELY, FOR "TIE-DOWN (OVERNIGHT PARKING)" OF THE AIRPLANE. MR. WYATT INDICATES THAT, SO FAR AS AN AIRPLANE IS CONCERNED, TIE-DOWN FEES ARE COMPARABLE TO PARKING FEES WHICH ARE REIMBURSABLE ITEMS FOR USERS OF PRIVATELY OWNED AUTOMOBILES.

SECTION 4 OF THE TRAVEL EXPENSE ACT OF 1949, 63 STAT. 166, AS AMENDED, 5 U.S.C. 837, PROVIDES IN PART AS FOLLOWS:

SEC. 4. * * * IN ADDITION TO THE MILEAGE ALLOWANCES PROVIDED FOR IN THIS SECTION, THERE MAY BE ALLOWED REIMBURSEMENT FOR THE ACTUAL COST OF PARKING FEES, FERRY FARES, AND BRIDGE, AND TUNNEL TOLLS.

SECTION 7 OF THE TRAVEL EXPENSE ACT, 5 U.S.C. 840, PROVIDES AS FOLLOWS:

SEC. 7. THE FIXING AND PAYMENT UNDER THIS ACT OF TRAVEL ALLOWANCES AND ADVANCES AND RECOVERY THEREOF, AND REIMBURSEMENT OF TRAVEL EXPENSES UNDER THIS ACT, SHALL BE IN ACCORDANCE WITH REGULATIONS WHICH SHALL BE PROMULGATED BY THE DIRECTOR OF THE BUREAU OF THE BUDGET.

SECTION 3.5B (1) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED, ISSUED BY THE BUREAU OF THE BUDGET, RELATING TO THE USE OF PRIVATELY OWNED MOTORCYCLES, AUTOMOBILES AND AIRPLANES ON A MILEAGE BASIS, PROVIDES IN PART AS FOLLOWS:

3.5B (1) * * * REIMBURSEMENT FOR THE COST OF AUTOMOBILE PARKING FEES, FERRY FARES, AND BRIDGE, ROAD AND TUNNEL TOLLS ALSO WILL BE ALLOWED UNLESS THE TRAVEL OR OTHER ADMINISTRATIVE DETERMINATION RESTRICTS THEIR ALLOWANCE. * * * ( ITALICS SUPPLIED.)

UNDER SECTION 4 OF THE TRAVEL EXPENSE ACT OF 1949 THE PAYMENT OF PARKING FEES IN ADDITION TO MILEAGE IS DISCRETIONARY. SECTION 7 OF THE ACT PROVIDES THAT THE REIMBURSEMENT OF TRAVEL EXPENSES SHALL BE IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE BUREAU OF THE BUDGET. THE BUREAU OF THE BUDGET IS ISSUING REGULATIONS LIMITED THE REIMBURSEMENT OF PARKING FEES TO AUTOMOBILES. SINCE THE REIMBURSEMENT OF PARKING FEES IS DISCRETIONARY AND THE BUREAU OF THE BUDGET--- WHICH IS CHARGED WITH THE DUTY OF PROMULGATING REGULATIONS FOR REIMBURSEMENT OF TRAVEL EXPENSES--- ISSUED REGULATIONS LIMITING PARKING FEES TO AUTOMOBILES, THERE IS NO AUTHORITY TO REIMBURSE AN EMPLOYEE, FOR TIE DOWN FEES INCURRED WHEN TRAVELING ON OFFICIAL BUSINESS IN A PRIVATELY OWNED AIRPLANE.

THEREFORE, THE VOUCHER, WHICH TOGETHER WITH ENCLOSURE IS RETURNED, MAY NOT BE CERTIFIED FOR PAYMENT.