B-152381, APR. 26, 1967
Highlights
USUALLY TRAVELED ROUTE "ONE OR MORE ROUTES WHICH ARE ESSENTIALLY THE SAME IN COST TO THE GOVERNMENT AND IN TRAVEL TIME. SELECTION OF USUALLY TRAVELED ROUTES WILL DEPEND ON THE AUTHORIZED MODE OR COMBINATION OF MODES. USUALLY TRAVELED ROUTE IS SELECTED AS FOLLOWS: (ALSO SEE SECTIONS 133 AND 134) "A. "PROVIDED THAT: "/1) WHEN AN AMERICAN FLAG VESSEL IS NOT AVAILABLE VIA A USUALLY TRAVELED ROUTE BUT IS AVAILABLE VIA A ROUTE WHICH EXCEEDS THE COST OF THE LOWEST COST ROUTE BY NO MORE THAN 10 PERCENT. WE HAVE REVIEWED THE PROPOSED REGULATIONS AND OUR ONLY RESERVATION CONCERNS PROVISO (1). WE UNDERSTAND THAT PROVISO IS DIRECTED TOWARD THOSE SITUATIONS TYPIFIED BY THE GENEVA-LE HAVRE-GENOA SITUATION REFERRED TO IN YOUR LETTER.
B-152381, APR. 26, 1967
TO THE SECRETARY OF STATE:
WE REFER TO THE LETTER OF MARCH 28, 1967, FROM YOUR DEPUTY UNDER SECRETARY FOR ADMINISTRATION, IN WHICH HE REQUESTS OUR COMMENTS AND CONCURRENCE UPON THE FOLLOWING PROPOSED REVISIONS TO VOLUME OF THE FOREIGN AFFAIRS MANUAL:
"6 FAM 117V. USUALLY TRAVELED ROUTE
"ONE OR MORE ROUTES WHICH ARE ESSENTIALLY THE SAME IN COST TO THE GOVERNMENT AND IN TRAVEL TIME. SELECTION OF USUALLY TRAVELED ROUTES WILL DEPEND ON THE AUTHORIZED MODE OR COMBINATION OF MODES, AND THE PROVISIONS GOVERNING USE OF AMERICAN FLAG CARRIERS. (SEE SECTION 130.)
"6 FAM 131.2 DIRECT TRAVEL
"ALL OFFICIAL TRAVEL MUST BE BY A USUALLY TRAVELED ROUTE (SEE 117V). USUALLY TRAVELED ROUTE IS SELECTED AS FOLLOWS: (ALSO SEE SECTIONS 133 AND 134)
"A. BY AIR: THE ROUTE THAT HAS THE LOWEST FARE COST AND SHORTEST TRANSIT TIME OR ANY ALTERNATE ROUTE HAVING THE SAME COST BUT ADDITIONAL TRANSIT TIME NOT IN EXCESS OF SIX HOURS.
"B. BY SURFACE OR MIXED MODES: THE ROUTE THAT HAS THE LOWEST COST TO THE GOVERNMENT (INCLUDING FARES, RELATED EXPENSES AND PER DIEM COMPUTED FOR THE SCHEDULE TRANSIT TIME) OR ANY ROUTE WHICH EXCEEDS THE COST OF THE LOWEST COST ROUTE BY NO MORE THAN 10 PERCENT BUT HAS A SHORTER TRANSIT TIME.
"PROVIDED THAT:
"/1) WHEN AN AMERICAN FLAG VESSEL IS NOT AVAILABLE VIA A USUALLY TRAVELED ROUTE BUT IS AVAILABLE VIA A ROUTE WHICH EXCEEDS THE COST OF THE LOWEST COST ROUTE BY NO MORE THAN 10 PERCENT, SUCH ROUTE MAY BE USED WITHOUT REGARD TO ANY INCREASED TRANSIT TIME.
"/2) IN COMPUTING THE COST AND TRANSIT TIME VIA ALTERNATE ROUTES, THE SAME AUTHORIZED MODES, OR COMBINATION OF MODES, AND AUTHORIZED CLASS OF ACCOMMODATIONS MUST BE USED FOR ALL ROUTES TO THE MAXIMUM EXTENT PRACTICABLE.'
WE HAVE REVIEWED THE PROPOSED REGULATIONS AND OUR ONLY RESERVATION CONCERNS PROVISO (1), 6 FAM 131.2 (B). WE UNDERSTAND THAT PROVISO IS DIRECTED TOWARD THOSE SITUATIONS TYPIFIED BY THE GENEVA-LE HAVRE-GENOA SITUATION REFERRED TO IN YOUR LETTER, AND IS INTENDED TO PERMIT OFFICERS AND EMPLOYEES WITHIN REASONABLE COST LIMITATIONS (10 PERCENT) TO USE OPTIONAL ROUTINGS AMONG THE SEVERAL AMERICAN FLAG CARRIERS AVAILABLE WITHOUT REGARD TO INCREASED TRANSIT TIME. HOWEVER, SUCH PROVISO COULD BE INTERPRETED AS IMPLYING THAT FOREIGN FLAG VESSELS MIGHT BE USED IN SUCH SITUATIONS WHERE THE COST EXCEEDS 10 PERCENT. CF. 31 COMP. GEN. 351.
IN THE LIGHT OF OUR ABOVE-MENTIONED UNDERSTANDING WE SEE NO OBJECTION TO THE PROPOSED REGULATION CHANGES. WE DO SUGGEST, HOWEVER, A CLARIFICATION OF PROVISO (1) TO PREVENT ITS INADVERTENT APPLICATION TO THE USE OF FOREIGN FLAG VESSELS.