B-158210, JAN. 6, 1966

B-158210, JAN. 6, 1966

TO MR. E. U. BERNAUER, AUTHORIZED CERTIFYING OFFICER, BUREAU OF MINES:

THIS IS IN RELY TO YOUR LETTER OF DECEMBER 17, 1965, CONCERNING A CLAIM FOR PER DIEM OF $4 IN THE CASE OF DONALD O. KENNEDY, AN EMPLOYEE OF THE BUREAU OF MINES, DEPARTMENT OF THE INTERIOR, ASSIGNED TO THE AREA II MINERAL RESOURCE OFFICE, KNOXVILLE, TENNESSEE. YOU HAVE SET FORTH THE FOLLOWING FACTS IN YOUR LETTER:

"MR. KENNEDY DEPARTED FROM HIS RESIDENCE IN KNOXVILLE, TENN., AT 6:45 A.M., E.S.T., OCTOBER 7, 1965 VIA COURTESY TRANSPORTATION (T.V.A. CAR) TO THE KNOXVILLE AIRPORT. HE DEPARTED THE KNOXVILLE AIRPORT AT 8:00 A.M. E.S.T., FLIGHT 891, SOUTHERN AIRLINES (FLIGHT DELAYED 22 MINUTES) AND ARRIVED AT NASHVILLE, TENN., AT 8:00 A.M. C.S.T. HE WAS ON OFFICIAL BUSINESS IN NASHVILLE, TENN. HE DEPARTED NASHVILLE AIRPORT VIA SOUTHERN AIRLINES AT 3:00 P.M. C.S.T., FLIGHT 889 AND ARRIVED AT KNOXVILLE AIRPORT AT 4:55 P.M. E.S.T. MR. KENNEDY WAS FURNISHED COURTESY TRANSPORTATION TO HIS RESIDENCE VIA T.V.A. CAR. HE DID NOT SPECIFY THE TIME OF ARRIVAL AT HIS RESIDENCE. * * *

"MR. KENNEDY CLAIMED AND WAS PAID TAXI FARES FROM THE NASHVILLE AIRPORT TO DOWNTOWN NASHVILLE AND RETURN TO THE NASHVILLE AIRPORT. HIS CLAIM FOR ONE-HALF DAY PER DIEM AT THE RATE OF $8.00 PER DAY WAS DISALLOWED BY NOTICE OF SUSPENSION DATED NOVEMBER 16, 1965.'

FOR PURPOSES OF COMPUTING PER DIEM SUBSECTION 6.9C OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES AS FOLLOWS:

"C. 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 50 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, OR DOCK TO HIS HOME, OFFICE, OR OTHER POINT AT THE CONCLUSION OF HIS TRIP.'

SINCE MR. KENNEDY LIVED IN KNOXVILLE AND BOARDED THE PLANE IN THE AIRPORT AT THAT CITY HE IS ASSUMED TO LIVE LESS THAN FIFTY MILES THEREFROM. SEE RAND MCNALLY COMMERCIAL ATLAS, 1965 ED., PAGES 31, 417. HIS SCHEDULED TIME OF DEPARTURE ON OCTOBER 7, 1965, ON FLIGHT 891, SOUTHERN AIRWAYS, WAS 7:38 A.M., E.S.T., COMPUTED ON THE BASIS OF AN 8 A.M. ACTUAL DEPARTURE WITH A DELAY OF 22 MINUTES. SEE OFFICIAL AIRLINE GUIDE, PAGE C-478. ACCORDING TO THE INFORMATION SUBMITTED HE RETURNED AT 4:55 P.M., E.S.T., FOR A TOTAL ELAPSED TIME COMPUTED UNDER SUBSECTION 6.9C, ABOVE, OF 9 HOURS AND 17 MINUTES.

IN DEFINING A DAY FOR PURPOSES OF PER DIEM SECTION 6.11 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES IN PERTINENT PART AS FOLLOWS:

"FOR CONTINUOUS TRAVEL OF 24 HOURS OR LESS, THE TRAVEL PERIOD WILL BE REGARDED AS COMMENCING WITH THE BEGINNING OF THE TRAVEL AND ENDING WITH ITS COMPLETION, AND FOR EACH 6-HOUR PORTION OF THE PERIOD, OR FRACTION OF SUCH PORTION, ONE-FOURTH OF THE PER DIEM RATE FOR A CALENDAR DAY WILL BE ALLOWED: PROVIDED, THAT NO PER DIEM WILL BE ALLOWED WHEN THE TRAVEL PERIOD IS 10 HOURS OR LESS DURING THE SAME CALENDAR DAY, EXCEPT WHEN THE TRAVEL PERIOD IS 6 HOURS OR MORE AND BEGINS BEFORE :00 A.M. OR TERMINATES AFTER 8:00 P.M.'

UNDER THE FOREGOING REGULATION SINCE MR. KENNEDY'S TRAVEL ON OCTOBER 7, 1965, BEGAN AFTER 6 A.M. AND TERMINATED PRIOR TO 8 P.M. AND WAS LESS THAN 10 HOURS IN DURATION HE IS NOT ENTITLED TO PER DIEM. THEREFORE, THE VOUCHER TRANSMITTED WITH YOUR LETTER IS RETURNED HEREWITH AND MAY NOT LAWFULLY BE CERTIFIED FOR PAYMENT.