B-207038, MAY 26, 1982

B-207038, MAY 26, 1982

DIGEST: PROVISIONS OF FTR PARAGRAPH 1-4.2C(3) LIMIT REIMBURSEMENT FOR PARKING FEES AT COMMON CARRIER TERMINAL TO ESTIMATED COST FOR USE OF A TAXICAB TO AND FROM THE TERMINAL. THE FTR DOES NOT AUTHORIZED ADDITIONAL REIMBURSEMENT EVEN THOUGH OFFICIAL BUSINESS FORCED THE EMPLOYEE TO LEAVE HIS PRIVATE AUTOMOBILE AT THE AIRPORT FOR A LONGER PERIOD THAN HE HAD ANTICIPATED.

GEORGE R. ALBERT - PARKING FEES:

MR. GEORGE R. ALBERT, AN EMPLOYEE OF THE U. S. ARMY LOGISTICS CENTER, FORT LEE, VIRGINIA, HAS APPEALED SETTLEMENT CERTIFICATE Z 2834951, DATED JANUARY 25, 1982, BY WHICH OUR CLAIMS GROUP DENIED HIS CLAIM FOR ADDITIONAL REIMBURSEMENT OF PARKING FEES. WE HEREBY AFFIRM THAT DENIAL.

MR. ALBERT INCURRED PARKING FEES INCIDENT TO HIS TRAVEL ON TEMPORARY DUTY TO FORT LEAVENWORTH, KANSAS. HE DROVE HIS CAR TO BYRD AIRPORT IN RICHMOND, VIRGINIA, AND PARKED IT THERE, EXPECTING TO RETURN IN 5 DAYS. HIS ORDERS WERE EXTENDED TWICE SO THAT HE REMAINED AT FORT LEAVENWORTH FOR 21 DAYS INSTEAD OF 5 DAYS.

MR. ALBERT CLAIMED REIMBURSEMENT FOR $1.50 IN TOLL FEES, $57 FOR PARKING AT BYRD AIRPORT AND $16.02 FOR MILEAGE FOR A TOTAL OF $74.52. HE WAS REIMBURSED $24 IN ACCORDANCE WITH PARAGRAPH C4652(2A, VOL. II OF THE JOINT TRAVEL REGULATIONS WHICH PROVIDES AS FOLLOWS:

"FEES AT CARRIER TERMINALS. A PARKING FEE AT A COMMON CARRIER TERMINAL OR OTHER PARKING AREA FROM WHICH AN EMPLOYEE DEPARTS ON OFFICIAL BUSINESS AND TO WHICH HE RETURNS MAY BE REIMBURSED, FOR THE PERIOD BETWEEN DEPARTURE AND RETURN, WHEN THE PRIVATELY OWNED AUTOMOBILE IS USED FOR TRANSPORTATION FROM AND RETURN TO EMPLOYEE'S PLACE OF ABODE OR PLACE OF BUSINESS, PROVIDED THE PARKING FEE PLUS ALLOWABLE MILEAGE TO AND FROM THE TERMINAL DOES NOT EXCEED THE COST OF TAXI FARES TO AND FROM THE TERMINAL AS PROVIDED IN PARA. C4701."

MR. ALBERT CONTENDS THAT THIS REGULATION SHOULD BE WAIVED BECAUSE OFFICIAL BUSINESS CAUSED HIM TO RETURN TO BYRD AIRPORT LATER THAN HE EXPECTED. PARAGRAPH C4652(2A IS BASED ON PARAGRAPH 1-4.2C(3) OF THE FEDERAL TRAVEL REGULATIONS (FTR), WHICH ARE ISSUED BY THE GENERAL SERVICES ADMINISTRATION AND GOVERN THE ENTITLEMENTS OF ALL CIVILIAN EMPLOYEES OF THE FEDERAL GOVERNMENT. PARAGRAPH 1-4.2C(3) PROVIDES AS FOLLOWS:

"PARKING WHEN AUTOMOBILE IS LEFT AT TERMINAL. THE FEE FOR PARKING AN AUTOMOBILE AT A COMMON CARRIER TERMINAL OR OTHER PARKING AREA WHILE THE TRAVELER IS AWARY FROM HIS/HER OFFICIAL STATION SHALL BE ALLOWED ONLY TO THE EXTENT THAT THE FEE PLUS THE ALLOWED REIMBURSEMENT TO AND FROM THE TERMINAL OR OTHER PARKING AREA DOES NOT EXCEED THE ESTIMATED COST FOR USE OF A TAXICAB TO AND FROM THE TERMINAL UNDER THE PROVISIONS OF 1-2.3C."

THIS PROVISION IS PRESCRIBED BY THE ADMINISTRATOR OF THE GENERAL SERVICES ADMINISTRATION PURSUANT TO AUTHORITY GRANTED TO HIM UNDER 5 U.S.C. SEC. 5707 (1976). THE PROVISION THUS HAS THE FORCE AND EFFECT OF LAW AND IT DOES NOT AUTHOIZE ADDITIONAL REIMBURSEMENT FOR AIRPORT PARKING IN THE EVENT OF CHANGED CIRCUMSTANCES OF OFFICIAL TRAVEL. MOREOVER, NEITHER THE DEPARTMENT OF THE ARMY NOR THE GENERAL ACCOUNTING OFFICE MAY WAIVE THE APPLICATION OF PARAGRAPH 1-4.2C(3) IN MR. ALBERT'S SITUATION.