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B-194375 1 (1980-01-23)

handle is hein.gao/gaobadhxm0001 and id is 1 raw text is: r OLER G l Z60 q.19 ~A o pTHE COMPTROLLER GENERAL DECISION . . OF THE UNITED STATES 3 / WASHINGTON,D0.C. 20548. FILE: B-194375 DATE: January 23, 1980 MATTER OF: James A. Norberg - Fly America Act - involuntary re-routing DIGEST: Employee was scheduled to travel on certificated U.S. air carrier and, upon arrival at airport was informed by carrier that it could not accommodate him and carrier re-routed him on foreign air carrier. U.S. air carrier service is considered unavailable and traveler is not subject to penalty for use of noncertificated carrier. The Nuclear Regulator Commissio (NRC) requests an advance decision concerning a specific claim by James A. Norberg,*one. of its employees, involving use of a foreign air carrier. Mr. Norberg was on official travel in Austria. When he went to the airport he was told that because his scheduled Pan American flight had developed mechanical difficulties a smaller plan would be used for the flight from Austria to the United States. There was no room for Mr. NorBerg-on the smaller replacement aircraft and he was involuntarily re-routed by Pan American to a British Airlines flight to London where he transferred to a Pan American flight to the United States. In connection with Mr. Norberg's claim for the airfare from Vienna to the United States without assessment of a penalty for his use of a foreign air carrier between Vienna and London, the NRC asks: 1. Is a traveler required.to wait up to the 48 hours specified in 56 C.G. 216, when he is informed upon arrival at the airport, that his scheduled flight cannot accommo- date him for some reason? 2. Should a traveler be assessed a penalty for the involuntary use of a foreign carrier when an American carrier, for some reason, provides alternate transportation on a foreign carrier?