B-123483, JUN. 28, 1955

B-123483: Jun 28, 1955

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BUREAU OF MINES: REFERENCE IS MADE TO YOUR LETTER OF MARCH 23. STATES THE TAXICAB FARES WERE PAID BY HIM AND NO CLAIM WILL BE MADE BY THE OTHER EMPLOYEES. YOUR QUESTION IS WHETHER THE TRAVEL PERFORMED FROM THE HOTEL TO PLACES OF TEMPORARY DUTY CONSTITUTES AN ITEM OF SUBSISTENCE UNDER PARAGRAPH 44 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS OR WHETHER THE TRAVEL MAY BE CONSIDERED AN ITEM OF TRANSPORTATION UNDER THE SPECIAL CONVEYANCE PROVISIONS OF PARAGRAPH 11 OF THE REGULATIONS. THE RECORD SHOWS THE EMPLOYEES WERE AUTHORIZED TO TRAVEL FROM AMARILLO. AFTER ARRIVING AT THE HOTEL THE EMPLOYEES CONTACTED THE OFFICE OF THE COMPANY BY TELEPHONE AND THEY WERE ADVISED TO GO DIRECT TO THE COMPANY'S CONTROL STATION.

B-123483, JUN. 28, 1955

TO MR. JOHN Z. MITCHELL, AUTHORIZED CERTIFYING OFFICER, BUREAU OF MINES:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 23, 1955, REQUESTING A DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT AN ENCLOSED VOUCHER FOR TAXICAB FARES IN THE AMOUNT OF $24.30 PAYABLE TO MR. WILLIAM M. DEATON, AN EMPLOYEE OF THE BUREAU OF MINES, DEPARTMENT OF THE INTERIOR. MR. DEATON AND TWO OTHER EMPLOYEES WHO ACCOMPANIED HIM ON TEMPORARY DUTY TO CHICAGO, ILLINOIS, USED THE TAXICABS DURING THE PERIOD JANUARY 30 THROUGH FEBRUARY 5, 1955. STATES THE TAXICAB FARES WERE PAID BY HIM AND NO CLAIM WILL BE MADE BY THE OTHER EMPLOYEES.

YOUR QUESTION IS WHETHER THE TRAVEL PERFORMED FROM THE HOTEL TO PLACES OF TEMPORARY DUTY CONSTITUTES AN ITEM OF SUBSISTENCE UNDER PARAGRAPH 44 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS OR WHETHER THE TRAVEL MAY BE CONSIDERED AN ITEM OF TRANSPORTATION UNDER THE SPECIAL CONVEYANCE PROVISIONS OF PARAGRAPH 11 OF THE REGULATIONS.

THE RECORD SHOWS THE EMPLOYEES WERE AUTHORIZED TO TRAVEL FROM AMARILLO, TEXAS, TO CHICAGO, ILLINOIS, TO ARRANGE FOR PACKING AND SHIPPING TO THE AMARILLO HELIUM PLANT THE EXPERIMENTAL EQUIPMENT OF THE PEOPLES GAS LIGHT AND COKE COMPANY OBTAINED UNDER A RENTAL AGREEMENT. THE COMPANY OFFICIALS MADE RESERVATIONS FOR THE EMPLOYEES AT A HOTEL NEAR THE DOWNTOWN OFFICES OF THE COMPANY. AFTER ARRIVING AT THE HOTEL THE EMPLOYEES CONTACTED THE OFFICE OF THE COMPANY BY TELEPHONE AND THEY WERE ADVISED TO GO DIRECT TO THE COMPANY'S CONTROL STATION, WHERE THE EQUIPMENT WAS LOCATED, WITHOUT REPORTING TO THE OFFICE OF THE COMPANY. THERE IS AN ADMINISTRATIVE CERTIFICATION ON THE VOUCHER--- AS REQUIRED BY PARAGRAPH 11 OF THE REGULATIONS--- THAT THE USE OF THE TAXICABS WAS NECESSARY TO ACCOMPLISH THE OFFICIAL BUSINESS AND WAS ADVANTAGEOUS TO THE GOVERNMENT.

PARAGRAPH 44 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED, PROVIDES THAT THE PER DIEM IN LIEU OF SUBSISTENCE WILL BE HELD TO INCLUDE ALL CHARGES FOR TRANSPORTATION BETWEEN PLACES OF LODGINGS OR WHERE MEALS ARE TAKEN AND PLACES OF DUTY. MR. DEATON CONTENDS THAT THE DOWNTOWN OFFICE OF THE COMPANY WAS THEIR DUTY STATION; THAT ONLY BY REASON OF OBTAINING INSTRUCTIONS FROM THE COMPANY OFFICIALS BY TELEPHONE WAS IT POSSIBLE FOR THEM TO PROCEED TO THE CONTROL STATION DIRECT; AND THE TRIPS TO THE CONTROL STATION SHOULD BE CONSIDERED AS HAVING BEEN MADE FROM THE DOWNTOWN OFFICE AND NOT FROM THE HOTEL. HE SAYS THAT THE COST OF TAXICAB TRAVEL FROM THE COMPANY'S OFFICE OR THE HOTEL TO THE CONTROL STATION IS THE SAME. ALSO, HE SAYS THAT TRAVEL BY BUS OR ELECTRIC TRAIN FROM THE HOTEL TO THE CONTROL STATION, A DISTANCE OF APPROXIMATELY EIGHT MILES, REQUIRES "AT LEAST TWO TRANSFERS.'

THE VOUCHER SHOWS THAT WITH THE EXCEPTION OF ONE TRIP FROM THE GENERAL FORWARDING COMPANY, 1213 CARROL, TO RISS AND COMPANY, INC., 2380 HALSTEAD, THE TAXICAB FARES, IN FACT, WERE INCURRED FOR TRAVEL BETWEEN HOTEL AND PLACE OF DUTY. THE EMPLOYEE'S CONTENTIONS HAVE BEEN CONSIDERED BUT ARE NOT VIEWED AS TAKING THE EXPENSES OUTSIDE THE PURVIEW OF PARAGRAPH 44 OF THE TRAVEL REGULATIONS. THE TAXICAB FARES MUST BE CONSIDERED, UPON THE PRESENT RECORD, AS INCLUDED IN THE PER DIEM ALLOWANCE.

ACCORDINGLY, WITH THE EXCEPTION OF THE TRIP FROM THE GENERAL FORWARDING COMPANY TO RISS AND ..END :