B-157760, NOV. 16, 1965

B-157760, NOV. 16, 1965

TO MR. LOUIS E. HOLMES, AUTHORIZED CERTIFYING OFFICER, FEDERAL AVIATION AGENCY:

WE REFER TO YOUR LETTER OF SEPTEMBER 2, 1965, WITH ENCLOSURES, REFERENCE SO-27, TRANSMITTING FOR OUR CONSIDERATION SEVERAL TRAVEL VOUCHERS IN FAVOR OF MR. CLARENCE L. GIBSON, AN EMPLOYEE OF THE FEDERAL AVIATION AGENCY, AND REQUESTING OUR DECISION AS TO THE PAYMENTS THEREOF.

YOUR LETTER, WHICH WAS FORWARDED TO OUR OFFICE ON SEPTEMBER 24, 1965, BY THE CHIEF, ACCOUNTING PROGRAMS DIVISION, FEDERAL AVIATION AGENCY, WASHINGTON, D.C., READS, IN PART, AS FOLLOWS:

"MR. GIBSON'S OFFICIAL STATION IS LOCATED AT THE AIRPORT IN MERIDIAN, MISSISSIPPI AND WHEN HE WAS REQUIRED TO PERFORM DUTY AT HIS OFFICIAL STATION, HE MAINTAINED A LOCAL RESIDENCE AT 2920 HARRIS STREET, MERIDIAN, MISSISSIPPI, SEVEN MILES FROM THE AIRPORT. I HAVE MAINTAINED THAT THIS ADDRESS BE USED FOR COMPUTING ALLOWANCES FOR TRAVEL TO AND FROM THE TERMINAL FOR THE PURPOSE OF TEMPORARY DUTY TRAVEL AS OUTLINED IN STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, PARAGRAPHS 3.1.B AND 6.4.

"MR. GIBSON CONTENDS THAT HIS OFFICIAL RESIDENCE AT 106 MCGHEE STREET, EVERGREEN, ALABAMA, SHOULD BE USED FOR POINT OF DEPARTURE AND ARRIVAL IN COMPUTING ALLOWANCES FOR TEMPORARY DUTY TRAVEL, CLAIMING $6.60 MAXIMUM TAXI FARE ALLOWABLE IN LIEU OF MILEAGE. THE MILEAGE FROM EVERGREEN, ALABAMA, TO MERIDIAN, MISSISSIPPI IS 157 MILES.'

THE TEMPORARY DUTY TRAVEL IN QUESTION WAS PERFORMED DURING VARIOUS PERIOD BETWEEN JULY 22, 1964, AND JULY 2, 1965. THE EVIDENCE INDICATES THAT MR. GIBSON USED HIS PRIVATELY-OWNED AUTOMOBILE FOR TRAVEL TO AND FROM THE AIRPORT TERMINAL IN MERIDIAN.

SECTION 3.1B OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS (APPLICABLE TO THE PERIOD OF TRAVEL HERE INVOLVED) PROVIDES, IN PART, AS FOLLOWS:

"REIMBURSEMENT FOR THE USUAL TAXICAB FARES FROM COMMON CARRIER OR OTHER TERMINAL TO EITHER PLACE OF ABODE OR PLACE OF BUSINESS, OR FROM EITHER PLACE OF ABODE OR PLACE OF BUSINESS TO COMMON CARRIER OR OTHER TERMINAL, WILL BE ALLOWED IN AN AMOUNT NOT TO EXCEED $6(PLUS TIP) * * *"

SECTION 3.5B (1) OF THOSE REGULATIONS PROVIDES IN PART:

"IN LIEU OF THE USE OF TAXICAB UNDER SECTION 3.1B, PAYMENT ON A MILEAGE BASIS AT THE RATE OF 10 CENTS PER MILE WILL BE ALLOWED FOR THE ROUND-TRIP MILEAGE OF A PRIVATELY OWNED AUTOMOBILE USED IN CONNECTION WITH AN EMPLOYEE GOING FROM EITHER HIS PLACE OF ABODE OR PLACE OF BUSINESS: PROVIDED, THAT THE AMOUNT OF REIMBURSEMENT FOR ROUND-TRIP MILEAGE WILL NOT IN EITHER INSTANCES EXCEED THE TAXICAB FARE, INCLUDING TIP ALLOWABLE UNDER SECTION 3.1B FOR A ONE-WAY TRIP BETWEEN SUCH APPLICABLE POINTS.'

PRIOR TO AUGUST 1, 1959, SECTION 3.1B OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AS REVISED EFFECTIVE JUNE 22, 1956, PROVIDED AS FOLLOWS:

"THE USUAL TAXICAB FARES FROM STATION, WHARF, OR OTHER TERMINAL TO EITHER PLACE OF ABODE OR PLACE OF BUSINESS AND FROM EITHER PLACE OF ABODE OR PLACE OF BUSINESS TO STATION, WHARF, OR OTHER TERMINAL WILL BE ALLOWED. (SEE SEC. 3.4.) FOR THE PURPOSE OF THIS SUBSECTION THE TERM "PLACE OF ABODE" MAY BE CONSTRUED TO INCLUDE ANY POINT WITHIN REASONABLE DISTANCE FROM WHICH THE EMPLOYEE CONCERNED COMMUTES DAILY TO HIS OFFICIAL POST OF DUTY. * * *"

THE REGULATION QUOTED IMMEDIATELY ABOVE PROVED TO BE UNSATISFACTORY SINCE THE "REASONABLE DISTANCE" LIMITATION AS PRESCRIBED THEREIN WAS DIFFICULT TO APPLY IN CERTAIN CASES. EFFECTIVE AUGUST 1, 1959, SECTION 3.1B WAS AMENDED BY PLACING A MONETARY LIMITATION ON THE AMOUNT WHICH WOULD BE ALLOWED FOR THE USE OF TAXICABS BETWEEN COMMON CARRIER TERMINAL AND PLACE OF BUSINESS OR PLACE OF ABODE. IN VIEW OF THE MONETARY LIMITATION PRESCRIBED BY THE NEW SECTION 3.1B, THE DISTANCE BETWEEN AN EMPLOYEE'S PLACE OF ABODE AND OFFICIAL DUTY STATION CEASED TO BE THE PRIME FACTOR. THEREFORE, THE DEFINITION OF THE TERM "PLACE OF ABODE" (AS QUOTED ABOVE) WAS ELIMINATED FROM SECTION 3.1B.

HOWEVER, WHILE THAT TERM IS NO LONGER DEFINED IN SECTION 3.1B OF THE REGULATIONS, IT IS OUR VIEW THAT THE TERM "PLACE OF ABODE," WHEN USED IN THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, IS INTENDED TO MEAN THE PLACE FROM WHICH THE EMPLOYEE COMMUTES DAILY TO HIS OFFICIAL STATION. SEE SECTIONS 6.3 (PARAGRAPH 2), 6.4, 6.8, 6.12D (3) AND 6.12E, OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.

IN THE PRESENT CASE, THE ADMINISTRATIVE OFFICE REPORTS THAT DURING THE PERIOD IN QUESTION MR. GIBSON MAINTAINED A RESIDENCE IN MERIDIAN FROM WHICH RESIDENCE HE COMMUTED DAILY TO HIS DUTY STATION AT THE AIRPORT TERMINAL. HOWEVER, BY LETTER DATED NOVEMBER 1, 1965, MR. GIBSON ADVISED OUR OFFICE THAT DURING THE TRAVEL PERIOD INVOLVED, HE SPENT AN AVERAGE OF ONE NIGHT PER WEEK IN MERIDIAN, AND ON THOSE NIGHTS HE STAYED IN A ROOM WHICH HE RENTED ON A DAILY BASIS. MR. GIBSON'S STATEMENT IS SUPPORTED BY THE TRAVEL VOUCHERS WHICH INDICATE THAT HE DID COMMUTE BETWEEN HIS RESIDENCE IN EVERGREEN AND THE TERMINAL IN MERIDIAN IN CONNECTION WITH MOST OF HIS TEMPORARY DUTY TRAVEL ASSIGNMENTS.

THEREFORE, MR. GIBSON'S RESIDENCE IN EVERGREEN MAY PROPERLY BE CONSIDERED AS A "PLACE OF ABODE" WITHIN THE MEANING OF THE TRAVEL REGULATIONS AND THE VOUCHERS WHICH ARE RETURNED HEREWITH MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.