B-154484, SEP. 4, 1964

B-154484, SEP. 4, 1964

TO THE HONORABLE BEN DORFMAN, CHAIRMAN, UNITED STATES TARIFF COMMISSION:

YOUR LETTER OF JUNE 15, 1964, REQUESTS OUR DECISION CONCERNING THE MAXIMUM ALLOWABLE RATE OF PER DIEM IN LIEU OF SUBSISTENCE FOR CERTAIN ACTUAL TRAVEL TIME OF LESS THAN 6 HOURS BETWEEN THE DUTY POINTS EVIDENCED ON THE ENCLOSED TRAVEL VOUCHERS OF LESTER A. DAVIS AND PAUL A. HEISE, TARIFF COMMISSION EMPLOYEES, WHOSE OFFICIAL STATION IN WASHINGTON, D.C.

SECTION 6.2C AND 6.11 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDE, IN PERTINENT PART, AS FOLLOWS:

"6.2C. FOR TRAVEL ON OFFICIAL BUSINESS BEYOND THE LIMITS OF THE CONTINENTAL UNITED STATES * * * THE MAXIMUM PER DIEM THAT MAY BE AUTHORIZED OR APPROVED (EXCEPT FOR THE PROVISO IN SECTION 6.11) IS AS FOLLOWS:

"6.2C (2) FOR TRIPS OTHER THAN THOSE PRESCRIBED IN (1), THE MAXIMUM PER DIEM RATE ALLOWABLE BETWEEN DUTY POINTS SHALL BE THAT OF THE DESTINATION DUTY POINT WHEN THE TRAVEL TIME BETWEEN A DUTY POINT IN THE CONTINENTAL UNITED STATES AND A DUTY POINT IN A LOCALITY BEYOND THE LIMITS OF THE CONTINENTAL UNITED STATES OR BETWEEN A DUTY POINT IN ONE SUCH LOCALITY AND A DUTY POINT IN ANOTHER IS LESS THAN 6 HOURS.

"6.11. * * * WHEN CHANGE IN PER DIEM RATE IS MADE DURING A DAY, THE RATE OF PER DIEM IN EFFECT AT THE BEGINNING OF THE QUARTER IN WHICH THE CHANGE OCCURS SHALL CONTINUE TO THE END OF SUCH QUARTER. * * *"

THE FACTS AND QUESTIONS CONCERNING THE TRAVEL OF MR. DAVIS RELATED IN YOUR LETTER AS FOLLOWS:

"ON MARCH 1, 1964, HE LEFT WASHINGTON, D.C. AT 11:30AM, ARRIVING AT HIS FIRST DUTY STATION, ST. THOMAS, VIRGIN ISLANDS, AT 4:25 PM. PER DIEM IS ALLOWED FOR 3/4 DAY AT $30.00, THE VIRGIN ISLANDS RATE, FOR THIS DATE IN ACCORDANCE WITH 6.2C (2).

"ON MARCH 10, MR. DAVIS DEPARTED FROM ST. CROIX, VIRGIN ISLANDS, AT 8:05 AM, ARRIVING IN SAN JUAN, PUERTO RICO, AT 8:52 AM. SHOULD WE HOLD THE PER DIEM TO THE PUERTO RICO RATE FROM 6:01 AM, AS CLAIMED UNDER THE PROVISIONS OF 6.2C (2), OR WOULD HE BE ALLOWED PER DIEM AT THE VIRGIN ISLAND RATE THROUGH 12 NOON, UNDER 6.11.

"ON MARCH 11, MR. DAVIS LEFT SAN JUAN AT 4 PM, ARRIVING IN WASHINGTON, D.C. AT 7:30 PM. WOULD WE HOLD HIM TO PER DIEM FOR ONE HALF DAY AT THE UNITED STATES (DESTINATION POINT) RATE, AS CLAIMED, OR WOULD HE BE ALLOWED PER DIEM AT THE PUERTO RICO RATE THROUGH 7:30 PM.'

AS SUGGESTED IN YOUR LETTER AND AS REQUIRED BY SECTION 6.2C OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, THAT SECTION MUST BE READ IN THE LIGHT OF SECTION 6.11 OF THE REGULATIONS. SEE, ALSO, 39 COMP. GEN. 728.

THEREFORE, SINCE NO UNITED STATES PER DIEM RATE WAS IN EFFECT FOR MR. DAVIS PRIOR TO HIS DEPARTURE FROM FRIENDSHIP AIRPORT (SEE SECTION 6.9C (1) ( THE VIRGIN ISLANDS RATE OF $30 CONTROLLED THE ALLOWABLE PER DIEM FOR MARCH 1, 1964. IN ACCORD WITH SECTIONS 6.9C AND 6.11 OF THE REGULATIONS, HIS ALLOWANCE OF PER DIEM PROPERLY BEGAN WITH THE BEGINNING OF THE SECOND QUARTER OF THE DAY ON WHICH HIS PLANE DEPARTED FROM FRIENDSHIP AIRPORT.

ON MARCH 10, 1964, MR. DAVIS' RATE CHANGED FROM THE $30 VIRGIN ISLANDS RATE TO THE SAN JUAN, PUERTO RICO RATE OF $24. IF SECTION 6.2C (2) OF THE REGULATIONS WAS CONSIDERED ALONE THE SAN JUAN RATE OF $24 WOULD HAVE TAKEN EFFECT UPON HIS DEPARTURE FROM THE VIRGIN ISLANDS. HOWEVER, SINCE, AS STATED ABOVE, THE CHANGE IN RATE IS CONTROLLED BY SECTION 6.11 OF THE REGULATIONS, THE $30 RATE IN EFFECT AT THE BEGINNING OF THE SECOND QUARTER OF THAT DAY, DURING WHICH HE DEPARTED FROM ST. CROIX, CONTINUED IN EFFECT UNTIL THE END OF THAT QUARTER. THEREFORE, THE $30 RATE IS PAYABLE UNTIL 12:00 NOON ON MARCH 10, 1964.

THE SAME REASONING APPLIES TO MR. DAVIS' PER DIEM ALLOWANCE FOR MARCH 11, 1964. SINCE THE $24 RATE WAS IN EFFECT AT THE BEGINNING OF THE QUARTER IN WHICH HE DEPARTED SAN JUAN IT CONTINUED IN EFFECT UNTIL THE END OF THAT QUARTER OR 6 P.M. SINCE THIS DESTINATION WAS THE CONTINENTAL UNITED STATES AND THE MAXIMUM PER DIEM RATE WAS AUTHORIZED FOR TRAVEL THEREIN, THE $16 RATE TOOK EFFECT AT 6:01 P.M. ON MARCH 11, 1964.

CONCERNING THE TRAVEL OF MR. HEISE, YOUR LETTER IS AS FOLLOWS:

"THE VOUCHER FOR PAUL A. HEISE DISCLOSES THAT HE LEFT WASHINGTON, HIS OFFICIAL STATION AT 8 PM, FEBRUARY 23, ARRIVING IN NEW YORK AT 9:10 PM. ON FEBRUARY 24, HE PERFORMED OFFICIAL BUSINESS IN AND AROUND NEW YORK AND NEW JERSEY UNTIL 3 PM, WHEN HE LEFT NEW YORK FOR SAN JUAN, ARRIVING THERE AT 5:30 PM. UNDER THE LESS THAN SIX HOUR TRAVEL PROVISIONS, WOULD MR. HEISE BE ALLOWED THE PER DIEM AT DESTINATION POINT FOR ONE-HALF DAY OR WOULD HE BE ENTITLED TO 3/4 DAYS AT THE UNITED STATES RATE AND 1/4 DAY AT THE SAN JUAN RATE, AS CLAIMED.

"ON MARCH 1, MR. HEISE DEPARTED FROM SAN JUAN AT 2:40 PM, ARRIVING IN ST. THOMAS, VIRGIN ISLANDS, AT 4:30 PM. IS HE ALLOWED 3/4 DAY AT THE SAN JUAN RATE AND 1/4 DAY AT THE VIRGIN ISLAND RATE, AS CLAIMED, OR WOULD HE BE ENTITLED TO 1/2 DAY AT THE SAN JUAN RATE OF 1/2 DAY AT THE VIRGIN ISLAND RATE.

"ON MARCH 10, MR. HEISE DEPARTED FROM ST. CROIX, VIRGIN ISLANDS AT 8:05 AM AND ARRIVED AT SAN JUAN AT 8:52 AM. HE DEPARTED FROM SAN JUAN AT 7:30 PM, ARRIVING IN WASHINGTON/BALTIMORE AT 9:30 PM. IS HE ENTITLED TO THE VIRGIN ISLAND RATE FOR 1/4 DAY AND THE SAN JUAN RATE FOR 3/4 DAY AS CLAIMED, OR TO 1/2 DAY AT THE VIRGIN ISLAND RATE AND 1/2 DAY AT THE SAN JUAN RATE?

ON FEBRUARY 24, 1964, MR. HEISE WAS RECEIVING THE MAXIMUM PER DIEM RATE ($16) FOR THE CONTINENTAL UNITED STATES AT THE BEGINNING OF THE THIRD QUARTER OF THE DAY, DURING WHICH QUARTER HE DEPARTED FOR SAN JUAN. UNDER SECTION 6.11 OF THE REGULATIONS THAT RATE CONTINUED IN EFFECT UNTIL 6 P.M. WHEN, IN ACCORD WITH SECTION 6.2C (2), IT CHANGED TO THE $24 RATE APPLICABLE TO SAN JUAN.

ON MARCH 1, MR. HEISE DEPARTED SAN JUAN FOR THE VIRGIN ISLANDS IN THE THIRD QUARTER OF THE DAY AND ARRIVED AT ST. THOMAS, VIRGIN ISLANDS, IN THE SAME QUARTER. IN ACCORD WITH SECTION 6.00, THE SAN JUAN RATE CONTINUED IN EFFECT THROUGHOUT AND THIRD QUARTER, AND AT 6:01 P.M. THE VIRGIN ISLANDS RATE BECAME EFFECTIVE.

FOR MARCH 10, 1964, IN CONSONANCE WITH THE FOREGOING, MR. HEISE IS ENTITLED TO THE VIRGIN ISLANDS RATE OF $30 THROUGH THE SECOND QUARTER AND TO THE SAN JUAN RATE OF $24 THROUGH THE REMAINDER OF THE DAY, THE LATTER RATE HAVING BEEN IN EFFECT AT THE BEGINNING OF THE FOURTH QUARTER OF THE DAY DURING WHICH QUARTER HE DEPARTED SAN JUAN AND ARRIVED IN THE CONTINENTAL UNITED STATES.

YOUR QUESTIONS ARE ANSWERED ACCORDINGLY AND IF THE VOUCHERS, WHICH ARE RETURNED HEREWITH, ARE ADJUSTED TO CONFORM WITH THE ABOVE AND OTHERWISE ARE CORRECT, THEY MAY BE CERTIFIED FOR PAYMENT.