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                             February 26, 1997
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                             GSBCA 13965-TRAV


                    In the Matter of ARTHUR A. JOHNSON


     Arthur A. Johnson, Alexandria, VA, Claimant.

     Norma Bullock, Acting Chief, Office of Civilian Personnel,
United States Coast Guard, Washington, DC, appearing for the
Department of Transportation.

HYATT, Board Judge.

     Claimant, Arthur A. Johnson, a civilian employee of the United
States Coast Guard (USCG), seeks reimbursement of certain airport
parking expenses he incurred in connection with a temporary duty
(TDY) assignment in January 1996.  Because the pertinent regulation
restricts the amount of reimbursement for parking fees to the
estimated cost of round trip taxicab fares, neither the Coast Guard
nor the Board may authorize the additional payment sought by
claimant.

     On Wednesday, January 10, 1996, Mr. Johnson departed from
National Airport in Washington, DC to attend a USCG conference in
Hawaii.  He explains that he was unable to take a taxi to the
airport because none were available due to the major blizzard that
had occurred in the Washington, DC area earlier in the week. 
Consequently, Mr. Johnson drove his own vehicle to the airport and
parked there for the duration of his TDY.  The total charge for
parking came to $156.  Of this, in accordance with applicable
regulations, the Coast Guard authorized payment of $41.40, the
estimated cost of round trip taxicab fare, including tip.  Mr.
Johnson's claim is for the remaining amount of $114.60.

     The relevant provision of the Federal Travel Regulation
provides:

          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.

41 CFR 301-4.2(d) (1996).
  
     Mr. Johnson recognizes that the regulation does not on its
face permit payment of the additional amount that he seeks.  He
argues that an exception should nonetheless be made for emergency
situations when the employee cannot obtain common carrier
transportation to the airport and is forced to park a vehicle for
lengthy periods of time in order to perform a TDY assignment. 
Unfortunately, the regulation does not provide for any exceptions,
even in extenuating or emergency situations, such as those caused
by inclement weather.  In a nearly identical situation, the General
Accounting Office has noted that this regulation, promulgated by
the Administrator of General Services under 5 U.S.C.  5707, has
the force and effect of law and may not be waived by the agency or
by the office performing the claims settlement function.  B-229291
(Mar. 2, 1988); accord George R. Albert, B-207038 (May 26, 1982). 
As such, the Board is unable to authorize payment of the remainder
of the parking fees incurred by claimant. 





                                   ______________________________
                                   CATHERINE B. HYATT
                                   Board Judge