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B-198093 1 (1980-11-10)

handle is hein.gao/gaobadirm0001 and id is 1 raw text is: 





                        THE  COMPTROLLER GENERAL
DECISION .     . OF THE UNITED STATES
                           A WASHINGTON, D. C. 20548
                 UNITEV


FILE: B-198093


DATE:November  10, 1980


MATTER  OF:  Clyde G. Cobb - Subsistence Expense
             Claim]


DIGEST:


Transferred employee of Federal Aviation
Administration reclaims amount of subsis-
tence expenses disallowed by agency as un-
reasonable in accordance with the Federal
Travel Regulations and its own implementing
regulations.  Employing agency has initial
responsibility to determine reasonableness
of expenditures for subsistence while occu-
pying temporary quarters.  Where agency
has exercised that responsibility, GAO will
not substitute its judgment for that of the
agency in the absence of evidence that the
agency's determination was clearly erroneous,
arbitrary, or capricious.


    (Air Traffic Control Specialist Clyde G. Cobb,
through his authorized representative, Kenneth Huston
of the Profesional  Air Traffic Controllers Organiza-
tion (PATCO), laims that the Federal Aviation Authority
(FAA) is legaqly obligated to reimburse him for the
entire sum which he spent on food for himself and his
family while they occupied temporary quarters) The
expenses occurred incident to Mr. Cobb's permanent
transfer from Puerto Rico to Edwards Air Force Base,
California.  This matter is submitted to our Office
pursuant to the provisions of 4 C.F.R., Part 21. The
FAA was served as required by 4 C.F.R. § 21.5 on
March 5, 1980, but it declined to respond to the
claimant's request for a decision.

     Since the FAA relied upon Department of Labor
statistics in determining the reasonableness of
Mr. Cobb's expenses, we will not substitute our judg-
ment for that of the agency absent a showing that the
agency action was clearly erroneous, arbitrary,.or
capricious.  Mr. Cobb's claim is denied.

     Over the course of the months February and March
 977, the FAA advanced Mr. Cobb a total of $3,790 for

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