B-130180, JAN. 29, 1957

B-130180: Jan 29, 1957

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IS LOCATED 26 MILES FROM CHICAGO. THAT HIS PLACE OF ABODE IS 16 MILES FROM THE CHICAGO MIDWAY AIRPORT. WE UNDERSTAND THAT BOTH MIDWAY AIRPORT AND TINLEY PARK ARE SOUTHWEST OF CHICAGO. THAT THE AIRPORT IS APPROXIMATELY 12 MILES FROM CHICAGO. OR OTHER TERMINAL WILL BE ALLOWED. WE DO NOT BELIEVE IT IS FEASIBLE FOR OUR OFFICE TO ESTABLISH A GENERAL RULE AS TO WHAT CONSTITUTES A REASONABLE COMMUTING DISTANCE AS THOSE WORDS ARE USED IN THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS FOR THE PURPOSE OF ALLOWING TAXICAB FARES. WHICHEVER IS THE LESSER AMOUNT. IS RETURNED HEREWITH.

B-130180, JAN. 29, 1957

TO MRS. VERA D. HUNTSMAN, AUTHORIZED CERTIFYING OFFICER, UNITED STATES DEPARTMENT OF LABOR:

YOUR LETTER OF DECEMBER 21, 1956, REQUESTS OUR DECISION WHETHER THREE ITEMS ON AN ENCLOSED VOUCHER FOR $7.50 EACH, COVERING TAXICAB FARES BETWEEN THE EMPLOYEE'S HOME AND THE AIRPORT MAY BE CERTIFIED FOR PAYMENT.

YOUR SUBMISSION STATES THAT THE EMPLOYEE'S PLACE OF ABODE, TINLEY PARK, ILLINOIS, IS LOCATED 26 MILES FROM CHICAGO, ILLINOIS, HIS PLACE OF BUSINESS, AND THAT HE COMMUTES DAILY BETWEEN THESE POINTS; ALSO, THAT HIS PLACE OF ABODE IS 16 MILES FROM THE CHICAGO MIDWAY AIRPORT. THE EMPLOYEE HAS CERTIFIED THAT THE TAXICAB COMPANIES CHARGE A FLAT RATE OF $7.50 FOR THE 16 MILES BETWEEN HIS HOME AND THE AIRPORT AND THAT TAXICAB FARE TO ANY POINT AT WHICH HE COULD HIRE LIMOUSINE SERVICE WOULD BE MUCH MORE THAN THE $7.50 CLAIMED. ALSO, WE UNDERSTAND THAT BOTH MIDWAY AIRPORT AND TINLEY PARK ARE SOUTHWEST OF CHICAGO, AND THAT THE AIRPORT IS APPROXIMATELY 12 MILES FROM CHICAGO.

SECTION 3.1B OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES IN PERTINENT PART 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.'

IN THE CIRCUMSTANCES, ABOVE RELATED, WE HOLD THAT THE USE OF THE TAXICABS, BETWEEN THE EMPLOYEE'S PLACE OF ABODE AND THE AIRPORT, A DISTANCE OF 16 MILES, MAY BE CONSIDERED AS WITHIN THE PURVIEW OF THE REGULATION, AND THE THREE ITEMS OF $7.50 EACH REPRESENTING THE TAXICAB FARES BETWEEN THE TWO POINTS MAY BE CERTIFIED FOR PAYMENT. CF. B 117468, NOVEMBER 27, 1953.

WE DO NOT BELIEVE IT IS FEASIBLE FOR OUR OFFICE TO ESTABLISH A GENERAL RULE AS TO WHAT CONSTITUTES A REASONABLE COMMUTING DISTANCE AS THOSE WORDS ARE USED IN THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS FOR THE PURPOSE OF ALLOWING TAXICAB FARES. HOWEVER, WE ADVISED THE FEDERAL SECURITY AGENCY IN OUR DECISION OF MAY 13, 1952, B-109292, THAT WE HAD NO OBJECTION TO THEIR ADMINISTRATIVE REGULATION WHICH LIMITED ALLOWABLE TAXICAB FARES TO ACTUAL COST TIPS, OR $4 PLUS TIPS, WHICHEVER IS THE LESSER AMOUNT.

THE VOUCHER WHICH, TOGETHER WITH RELATED PAPERS, IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT AS STATED ABOVE, IF OTHERWISE CORRECT.