BNUMBER:  B-258445
DATE:  January 3, 1996
TITLE:  Laura Acosta

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Matter of:Laura Acosta

File:     B-258445

Date:   January 3, 1996

DIGEST

A transferred employee while occupying temporary quarters at her new 
permanent duty station was required to perform several weeks' 
temporary duty away from her new station.  She vacated her temporary 
quarters to save the government money and parked her privately owned 
vehicle at the airport in order to avoid violating a local ordinance 
against long-term parking on a public street for over 3 days.  The 
employee's claim for reimbursement of the airport parking fee may be 
paid since she acted reasonably and prudently to reduce her travel 
expenses.  See 41 C.F.R.  301-1.3(a) (1995).

DECISION

The Department of Agriculture (USDA) requests a decision as to whether 
it may reimburse an employee for an airport parking fee at her new 
official duty station when the employee, who was occupying temporary 
quarters, moved out of those temporary quarters because she was 
assigned to several weeks of temporary duty training in another 
state.[1]  For the following reasons, we conclude that her claim may 
be certified for payment in the amount of $192.

Ms. Laura Acosta, an employee of the USDA was authorized temporary 
quarters subsistence expenses in connection with her permanent change 
of station from Friona, Texas, to Santa Clara, California.  Ms. Acosta 
moved into temporary quarters on August 3, 1993, at a motel in San 
Jose, California, since her permanent residence at her new duty 
station would not become available until after September 5, 1993.  
However, from August 16 through September 3, 1993, USDA assigned her 
to temporary duty training in College Station, Texas.  For this 
period, Ms. Acosta vacated her temporary quarters in San Jose, 
California, so as not to incur dual lodging expenses during her 
temporary duty in Texas.  She parked her privately owned vehicle in 
the airport parking lot for the duration of the temporary duty 
assignment because a local ordinance in San Jose, California, 
prohibits parking on a public street of over 3 days.  The charge for 
parking at the airport was $192, which Ms. Acosta has paid and for 
which she seeks reimbursement.

USDA disallowed the claim because the regulations on temporary 
quarters expenses do not include car storage expenses, but is willing 
to reimburse her $40, the estimated cost of a round-trip taxicab fare 
from her temporary quarters motel to the airport.  In this regard, 
USDA notes that the Federal Travel Regulation (FTR), 41 C.F.R.  
301-4.2(d)(4) (1994) provides that:

     "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 away from his/her official 
     station shall be allowed only to the extent that the fee plus the 
     allowable 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  301-2.2(c)."  
     [Emphasis in original.]

We do not believe that the provisions of 41 C.F.R.  301-4.2(d)(4) 
(1994) are applicable to an employee who vacates temporary quarters at 
a new duty station incident to short-term temporary duty at another 
location.  Rather, those provisions were intended to apply to the 
normal situation of employees in permanent residences at their 
official duty stations or employees maintaining temporary quarters at 
their new official duty stations while on temporary duty.

An employee who is required to perform temporary duty (TDY) away from 
the new duty station may retain temporary quarters lodging during that 
absence and be reimbursed for those expenses, in addition to the 
lodging expenses at the temporary duty station, if the agency 
determines that the employee acted reasonably in retaining temporary 
quarters.  Paul G. Thibault, 69 Comp. Gen. 72 (1989).  Although it was 
not necessary for Ms. Acosta to retain temporary quarters during her 
TDY assignment, the record shows that it was necessary for her to 
leave her private vehicle at a safe and legal location while she was 
away.  The airport parking lot at her new duty station was such a 
location.  The cost of parking her vehicle there was $192.  Had she 
retained her temporary quarters during her absence in order to leave 
her car there the cost would have been $820.  Clearly, Ms. Acosta 
acted reasonably and prudently to reduce her travel expenses.  See 41 
C.F.R.  301-1.3(a) (1995).[2]

Accordingly, USDA may certify Ms. Acosta's voucher for payment in the 
amount of $192.

/s/Seymour Efros
for Robert P. Murphy
General Counsel

1. This matter was submitted by Ms. Sandra S. Williams, an authorized 
certifying officer of the Department of Agriculture, New Orleans, 
Louisiana.

2. As USDA's report notes, Ms. Acosta's return travel after temporary 
duty from September 3 through September 8, 1993, was through Bovina, 
Texas, in order to allow Ms. Acosta to complete change of station 
preparations.  In view of this and her new residence's unavailability, 
USDA should not make any deduction for her parking fees from September 
4 through September 8, 1993.  Also, since Ms. Acosta's temporary duty 
has been completed and her rights have vested, USDA has no basis for 
reducing the full meals and incidental expenses component of the per 
diem allowance which it granted her.