B-143672, AUGUST 25, 1960, 40 COMP. GEN. 128

B-143672, AUGUST 25, 1960, 40 COMP. GEN. 128

CIVILIAN PERSONNEL - PER DIEM - HOURS OF DEPARTURE - TERMINAL - OTHER CONVEYANCE ALTHOUGH UNDER THE PER DIEM COMPUTATION PROVISIONS IN SECTION 6.9C OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS WHEN EMPLOYEES USE SOME "OTHER CONVEYANCE" TO REACH AN AIRPORT, DEPOT, OR DOCK INCIDENT TO OFFICIAL TRAVEL BY AIRPLANE, TRAIN OR SHIP, NO GENERAL RULE FOR THE COMMENCEMENT OF PER DIEM MAY BE ESTABLISHED, THE GENERAL INTENT OF THE REGULATION IS THAT PER DIEM WOULD START AT THE SCHEDULED HOUR OF DEPARTURE FROM THE TERMINAL UTILIZED BY THE "OTHER CONVEYANCE" AND WOULD TERMINATE WHEN THE OTHER CONVEYANCE ACTUALLY ARRIVES AT ITS TERMINAL, SO THAT, WHERE AN EMPLOYEE GETS ON A BUS AT ITS TERMINAL TO GO TO THE COMMON CARRIER TERMINAL, PER DIEM WOULD COMMENCE AT THE SCHEDULED DEPARTURE TIME OF THE BUS FROM THE TERMINAL, BUT IF THE EMPLOYEE GETS ON THE BUS AT A PICKUP POINT, THE PICKUP POINT COULD NOT BE REGARDED AS A TERMINAL AND THE DEPARTURE TIME WOULD NOT BE SCHEDULED FOR COMMENCEMENT OF PER DIEM. CIVILIAN EMPLOYEE WHO, IN PERFORMANCE OF OFFICIAL TRAVEL, UTILIZES COMMUTER TRAIN OR BUS OPERATING FROM A TERMINAL FOR OFFICIAL TRAVEL FROM HIS HEADQUARTERS TO A COMMON CARRIER TERMINAL AND ON THE RETURN TRIP FROM THE CENTRAL TERMINAL TO OFFICIAL STATION MAY BE REGARDED AS USING A SCHEDULED MEANS OF TRANSPORTATION WITHIN THE MEANING OF SECTION 6.9C OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS SO AS TO BE ENTITLED TO PER DIEM FROM THE SCHEDULED TIME OF DEPARTURE OF COMMUTER TRAIN OR BUS AT THE TERMINAL TO TIME OF ARRIVAL OF COMMUTER TRAIN OR BUS AT THE TERMINAL ON THE RETURN TRIP.

TO JOHN P. COOKSON, DEPARTMENT OF AGRICULTURE, AUGUST 25, 1960:

ON AUGUST 1, 1960, YOU REQUESTED A DECISION CONCERNING THE PROPRIETY OF CERTIFYING FOR PAYMENT SEVERAL VOUCHERS--- TRANSMITTED HERE WITH YOUR REQUEST--- COVERING PER DIEM CLAIMS INCIDENT TO TRAVEL BETWEEN AN EMPLOYEE'S OFFICIAL STATION AND A RAILROAD DEPOT OR AIRPORT, AS THE CASE MAY BE. THE QUESTION ARISING IN CONNECTION WITH THE CERTIFICATION OF EACH SUCH VOUCHER CONCERNS SECTION 6.9C OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED, EFFECTIVE MAY 1, 1960 (1BUREAU OF THE BUDGET CIRCULAR NO. A-7, REVISED, TRANSMITTED MEMORANDUM NO. 13, APRIL 6, 1960).

THE SPECIFIC CASES SET FORTH IN YOUR LETTER ARE AS FOLLOWS:

THE VOUCHER OF MAC A. CAMPBELL CLAIMS PER DIEM FROM 5:20 P.M. ON MAY 4 TO 11:00 A.M. ON MAY 7--- 3 DAYS. ON MAY 4, THE TRAVELER LEFT UNIVERSITY PARK, PA., HIS OFFICIAL STATION, AT 5:20 P.M. AND TRAVELED VIA AIRPORT LIMOUSINE TO MOSHANNON AIRPORT--- A DISTANCE OF APPROXIMATELY 22 MILES. HE LEFT MOSHANNON VIA PLANE AT 6:17 P.M. MR. CAMPBELL RETURNED BY PLANE TO MOSHANNON AIRPORT AT :54 A.M. ON MAY 7, THEN TRAVELED VIA LIMOUSINE TO UNIVERSITY PARK ARRIVING AT 11:00 A.M. MAY THE CLAIM FOR PER DIEM OF 3 DAYS BE CERTIFIED OR SHOULD THE CLAIM BE RESTRICTED TO 2 3/4 DAYS--- THE ELAPSED TIME BETWEEN DEPARTURE FROM AND RETURN TO THE AIR TERMINAL?

THE VOUCHER OF DONALD B. MOYER CLAIMS PER DIEM FROM 11:15 A.M. ON MAY 25 TO 11:07 P.M. ON MAY 26--- 1 3/4 DAYS. ON MAY 25, THE TRAVELER LEFT FORT WASHINGTON, PA., HIS OFFICIAL STATION AT 1:15 A.M. AND TRAVELED VIA "COMMUTER" TRAIN (1READING COMPANY) TO PHILADELPHIA--- APPROXIMATELY 14 MILES. HE LEFT PHILADELPHIA VIA TRAIN (1PENNSYLVANIA RAILROAD) AT 1:15 P.M. MR. MOYER RETURNED BY TRAIN TO PHILADELPHIA AT 11:07 P.M. ON MAY 26, THEN TRAVELED VIA TAXI TO HIS RESIDENCE. MAY THE CLAIM FOR PER DIEM OF 1 3/4 DAYS BE CERTIFIED OR SHOULD THE CLAIM BE RESTRICTED TO 1 1/2 DAY--- THE ELAPSED TIME BETWEEN DEPARTURE FROM AND RETURN TO THE RAILROAD TERMINAL IN PHILADELPHIA?

THE VOUCHER OF DONALD A. PARSONS RECLAIMS 1/4 DAY PER DIEM ADMINISTRATIVELY DISALLOWED. ON FEBRUARY 28, THE TRAVELER LEFT EAST AURORA, N.Y., HIS OFFICIAL STATION, AT 5:15 P.M. VIA BUS (1GENESEE BUS LINE) TO BUFFALO, N.Y.--- A DISTANCE OF APPROXIMATELY 16 MILES, ARRIVING AT 6:05 P.M. (TRAVEL FROM RESIDENCE TO BUS DEPOT WAS BY PERSONAL AUTOMOBILE). HE LEFT BUFFALO VIA TRAIN (1NICKEL PLATE RAILROAD) AT 8:05 P.M. FOR CHICAGO. MR. PARSONS RETURNED BY TRAIN TO BUFFALO AT :15 P.M. ON MARCH 4, THEN TRAVELED VIA BUS ( GREYHOUND LINES) TO EAST AURORA ARRIVING AT 2:30 P.M. ON MARCH 4--- 5 1/4 DAYS. PER DIEM WAS ALLOWED FOR 5 DAYS BASED ON THE ELAPSED TIME BETWEEN DEPARTURE FROM AND RETURN TO THE RAILROAD TERMINAL AT BUFFALO (8:05 P.M. FEBRUARY 28 TO 1:15 P.M. MARCH 4). MAY THE RECLAIM FOR PER DIEM OF 1/4 DAY BE CERTIFIED OR SHOULD THE DISALLOWANCE BE SUSTAINED?

THE VOUCHER OF HENRY E. YOST RECLAIMS 3/4 DAY PER DIEM ADMINISTRATIVELY DISALLOWED. ON MARCH 9, THE TRAVELER LEFT MOORESTOWN, N.J., HIS OFFICIAL STATION, AT 6:50 A.M. VIA BUS (1PUBLIC SERVICE COORDINATED TRANSPORT) TO PHILADELPHIA, PA.--- A DISTANCE OF APPROXIMATELY 12 MILES ARRIVING AT :35 A.M. AND PROCEEDED VIA LIMOUSINE TO THE PHILADELPHIA AIRPORT. HE LEFT PHILADELPHIA VIA PLANE AT 9:35 A.M. FOR PROVIDENCE. MR. YOST RETURNED BY PLANE TO PHILADELPHIA AT 11:25 P.M. ON MARCH 10, THEN VIA LIMOUSINE AND BUS TO MORRESTOWN ARRIVING AT 1:20 A.M. ON MARCH 11. THE TRAVELER CLAIMED PER DIEM FROM 6:50 A.M. ON MARCH 9 TO 1:20 ON MARCH 11--- 2 DAYS. PER DIEM WAS ALLOWED FOR 1 3/4 DAYS BASED ON THE ELAPSED TIME BETWEEN DEPARTURE FROM AND RETURN TO THE AIR TERMINAL IN PHILADELPHIA (9:35 A.M. MARCH 9 TO 11:25 P.M. MARCH 10). ON MARCH 20, THE TRAVELER LEFT MOORESTOWN AT 9:20 P.M. VIA BUS TO PHILADELPHIA ARRIVING AT 10:10 P.M., AND PROCEEDED VIA SUBWAY TO THE RAILROAD TERMINAL. HE LEFT PHILADELPHIAVIA TRAIN (1PENNSYLVANIA RAILROAD) AT 1:03 A.M. ON MARCH 21 FOR BOSTON. MR. YOST RETURNED BY TRAIN TO PHILADELPHIA AT 5:45 A.M. ON MARCH 26, THEN VIA SUBWAY AND BUS (1PUBLIC SERVICE COORDINATED TRANSPORT) TO MOORESTOWN ARRIVING AT 8:20 A.M. . THE TRAVELER CLAIMED PER DIEM FROM 9:20 P.M. ON MARCH 20 TO 8:20 A.M. ON MARCH 26--- 5 3/4 DAYS. PER DIEM WAS ALLOWED FOR 5 1/4 DAYS BASED ON THE ELAPSED TIME BETWEEN DEPARTURE FROM AND RETURN TO THE RAIL TERMINAL IN PHILADELPHIA (1:03 A.M. MARCH 21 TO 5:45 A.M. MARCH 26). MAY THE RECLAIM FOR PER DIEM OF 3/4 DAY BE CERTIFIED OR SHOULD THE DISALLOWANCE BE SUSTAINED?

SECTION 6.9 (C) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED EFFECTIVE MAY 1, 1960, IS AS FOLLOWS:

GENERALLY FOR COMPUTING PER DIEM ALLOWANCES OFFICIAL TRAVEL BEGINS WHEN THE TRAIN, AIRPLANE, BOAT, OR OTHER CONVEYANCE IS SCHEDULED TO DEPART FROM ITS DEPOT, AIRPORT, OR DOCK AND ENDS WHEN THE TRAIN, AIRPLANE, BOAT, OR OTHER CONVEYANCE ACTUALLY ARRIVES AT ITS DEPOT, AIRPORT, OR DOCK AT THE CONCLUSION OF A TRIP. HOWEVER, THE FOLLOWING EXCEPTIONS ARE AUTHORIZED:

(1) WHEN A TRAVELER USES AN AUTOMOBILE OR OTHER NONSCHEDULED MEANS OF TRANSPORTATION BETWEEN HIS OFFICE, HOME, OR OTHER POINT OF DEPARTURE AND A DEPOT, AIRPORT, OR DOCK LOCATED MORE THAN FIFTY MILES DISTANT (DETERMINED BY USUALLY TRAVELED MOTOR ROUTE), OFFICIAL TRAVEL FOR COMPUTING PER DIEM ALLOWANCES BEGINS WHEN THE EMPLOYEE ACTUALLY LEAVES HIS HOME, OFFICE, OR OTHER POINT OF DEPARTURE AND ENDS WHEN HE RETURNS FROM SUCH DEPOT, AIRPORT, OF DOCK TO HIS HOME, OFFICE, OR OTHER POINT AT THE CONCLUSION OF HIS TRIP.

(2) WHEN A TRAVELER USES AN AUTOMOBILE OR OTHER NONSCHEDULED MEANS OF TRANSPORTATION BETWEEN HIS OFFICE, HOME, OR OTHER POINT OF DEPARTURE AND A TEMPORARY DUTY STATION, OFFICIAL TRAVEL BEGINS AT THE TIME THE TRAVELER LEAVES HIS HOME, OFFICE, OR OTHER POINT OF DEPARTURE AND ENDS WHEN THE TRAVELER RETURNS TO HIS HOME, OFFICE, OR OTHER POINT BY AUTOMOBILE OR OTHER NONSCHEDULED CONVEYANCE AT THE CONCLUSION OF HIS TRIP. HOWEVER, WHEN THE TIME OF DEPARTURE IS WITHIN THIRTY MINUTES PRIOR TO THE END OF A QUARTER DAY, PER DIEM FOR EITHER SUCH QUARTER DAY SHALL NOT BE ALLOWED IN THE ABSENCE OF A STATEMENT WITH THE TRAVEL VOUCHER EXPLAINING THE OFFICIAL NECESSITY FOR THE TIME OF DEPARTURE OR RETURN.

UNDER THE REGULATIONS THE TIME WHEN PER DIEM COMMENCES GENERALLY IS THE SCHEDULED TIME OF DEPARTURE OF THE TRAIN FROM THE DEPOT OR THE PLANE FROM THE AIRPORT OR THE SHIP FROM THE DOCK, AS THE CASE MAY BE. THE ONLY EXCEPTIONS ENUMERATED IN THE REGULATION RELATE TO SITUATIONS IN WHICH (1) THE DISTANCE BETWEEN THE POINT OF DEPARTURE AND THE CARRIER'S TERMINAL IS IN EXCESS OF FIFTY MILES, OR (2) THE TRAVELER PERFORMS THE ENTIRE TRAVEL BETWEEN THE POINT OF DEPARTURE AND THE TEMPORARY DUTY STATION BY AUTOMOBILE OR OTHER NONSCHEDULED MEANS OF TRANSPORTATION. WHILE THE REGULATION DOES NOT SPECIFY THE TERMINAL OR SCHEDULED DEPARTURE AND ARRIVAL POINT OF THE CARRIER IN A CASE WHEN SOME "OTHER CONVEYANCE" (A CONVEYANCE OTHER THAN TRAIN, PLANE OR SHIP) IS USED, THE GENERAL INTENT OF THE REGULATION APPEARS TO BE THAT PER DIEM WOULD START AT THE SCHEDULED HOUR OF DEPARTURE FROM THE TERMINAL UTILIZED BY THE "OTHER CONVEYANCE" AND WOULD TERMINATE WHEN THE "OTHER CONVEYANCE" ACTUALLY ARRIVES AT ITS TERMINAL. FOR EXAMPLE, WHERE A BUS IS THE CONVEYANCE ACTUALLY USED AND THE TRAVELER BOARDS THE BUS AT ITS TERMINAL, PER DIEM WOULD COMMENCE AT THE SCHEDULED DEPARTURE TIME OF THE BUS FROM THE TERMINAL. HOWEVER, IF A TRAVELER MERELY BOARDS A LOCAL BUS AT A PICKUP POINT IT WOULD NOT APPEAR THAT ANY PER DIEM WOULD BE PAYABLE BECAUSE THE PICKUP POINT COULD NOT BE REGARDED AS A TERMINAL AND THE DEPARTURE TIME FROM SUCH POINT ORDINARILY WOULD NOT BE SCHEDULED.

IT IS CLEAR THAT UNDER THE REGULATION AS WORDED EACH CASE MUST BE DETERMINED UPON THE BASIS OF ITS OWN FACTS AND CIRCUMSTANCES AND NO GENERAL RULE APPLICABLE IN ALL CASES MAY BE PRESCRIBED BY OUR OFFICE DECLARING THAT PER DIEM WOULD BE PAYABLE WHEN CERTAIN DESIGNATED MEANS OF TRANSPORTATION ARE USED BUT WOULD NOT BE PAYABLE WHEN OTHER DESIGNATED MEANS ARE USED. IN FACT, WHETHER THE USE OF A PARTICULAR MEANS OF TRANSPORTATION WOULD ENTITLE AN EMPLOYEE TO PER DIEM MIGHT VARY IN DIFFERENT LOCALITIES OR GEOGRAPHICAL AREAS OR, AS POINTED OUT ABOVE, DEPENDING UPON WHERE THE PARTICULAR CONVEYANCE IS BOARDED.

THE INFORMATION ON THE VOUCHERS COVERING THE CLAIMS OF MR. MAC A. CAMPBELL AND MR. HENRY E. YOST AND THE ACCOMPANYING EXPLANATIONS OF THE CIRCUMSTANCES PERTAINING TO THE TRAVEL INVOLVED DO NOT PROVIDE AN ADEQUATE BASIS FOR A DETERMINATION CONCERNING THE PROPRIETY OF CERTIFICATION OF SUCH VOUCHERS. IF YOU WILL ADVISE US WHETHER THE AIRPORT LIMOUSINE UTILIZED IN MR. CAMPBELL'S CASE AND THE PUBLIC SERVICE COORDINATED TRANSPORT UTILIZED IN MR. YOST'S CASE OPERATED ON TIME SCHEDULES BETWEEN THE POINTS IN QUESTION AND WHETHER EACH OF THE TRAVELERS BOARDED THE RESPECTIVE CONVEYANCE UTILIZED BY HIM AT A TERMINAL SO THAT THE SCHEDULED DEPARTURE TIME APPROPRIATELY COULD BE DETERMINED IN EACH CASE, WE THEN SHOULD BE IN A POSITION TO ADVISE YOU CONCERNING THE PROPRIETY OF CERTIFYING THE VOUCHERS FOR PAYMENT.

THE DONALD B. MOYER VOUCHER MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT, SINCE HIS TRAVEL TO AND FROM THE RAILROAD DEPOT IN PHILADELPHIA WAS BY A COMMUTER TRAIN WHICH CLEARLY APPEARS TO HAVE BEEN A SCHEDULED MEANS OF TRANSPORTATION WITHIN THE MEANING OF THE REGULATION.

CONCERNING THE RECLAIM VOUCHER OF DONALD A. PARSONS, IT APPEARS THAT HE TRAVELED FROM HIS RESIDENCE TO A BUS DEPOT AT EAST AURORA, NEW YORK, WHERE HE CAUGHT A BUS (1GENESEE BUS LINE) TO BUFFALO, NEW YORK. ON HIS RETURN FROM BUFFALO TO EAST AURORA HE TRAVELED VIA GREYHOUND BUS LINE. WE ASSUME THAT BOTH BUS LINES OPERATED ON A SCHEDULE BETWEEN EAST AURORA AND BUFFALO. WHILE YOUR LETTER CLEARLY INDICATES THAT MR. PARSONS BOARDED THE BUS LEAVING EAST AURORA FOR BUFFALO AT THE TERMINAL IN EAST AURORA, YOU FURNISHED NO INFORMATION CONCERNING THE POINT WHERE HE BOARDED THE GREYHOUND BUS IN BUFFALO ON HIS RETURN JOURNEY TO EAST AURORA. HOWEVER, WE UNDERSTAND THAT MR. PARSONS WOULD HAVE BOARDED THE GREYHOUND BUS IN BUFFALO AT ITS TERMINAL IN BUFFALO IN ORDER TO HAVE PROCURED RETURN TRANSPORTATION ON THAT BUS TO EAST AURORA. IT THEREFORE APPEARS THAT HE UTILIZED SCHEDULED TRANSPORTATION FROM EAST AURORA TO BUFFALO ON THE OUTGOING TRIP AND FROM BUFFALO TO EAST AURORA ON THE RETURN TRIP. UPON THAT BASIS THAT VOUCHER ALSO MAY BE CERTIFIED FOR PAYMENT.

THE VOUCHERS TRANSMITTED HERE WITH YOUR REQUEST ARE RETURNED WITH THE EXCEPTION OF THE ONE IN FAVOR OF HENRY E. YOST WHICH WE WILL RETAIN PENDING THE RECEIPT OF ADDITIONAL INFORMATION FROM YOU. SHOULD YOU CARE TO RESUBMIT THE QUESTIONABLE ITEM ON THE CAMPBELL VOUCHER WHEN YOU HAVE OBTAINED THE ADDITIONAL INFORMATION REQUIRED, WE SHALL THEN ADVISE YOU CONCERNING THE PROPRIETY OF CERTIFYING THAT ITEM FOR PAYMENT. IN THE MEANTIME YOU MAY WISH TO CERTIFY THE REMAINDER OF THE VOUCHER.