B-46023, DECEMBER 14, 1944, 24 COMP. GEN. 452

B-46023, DECEMBER 14, 1944, 24 COMP. GEN. 452

MILEAGE - TRAVEL BY PRIVATELY OWNED AUTOMOBILE OVER BRIDGES LEADING FROM SAN FRANCISCO SINCE THE POINTS AT WHICH THE CORPORATE LIMITS OF SAN FRANCISCO INTERSECT THE BRIDGES LEADING FROM THAT CITY DEFINITELY ARE KNOWN OR ASCERTAINABLE AS BEING LOCATED AT STATED DISTANCES BEYOND THE BRIDGE APPROACHES AND SINCE ALL THE APPROACHES ARE WITHIN THE SAME STATE, THE POINTS FROM WHICH MILEAGE FOR TRAVEL BY PRIVATELY OWNED AUTOMOBILE "AWAY FROM HIS DESIGNATED POST OF DUTY" IS PAYABLE UNDER THE ACT OF FEBRUARY 14, 1931, AS AMENDED, IN THE CASE OF AN EMPLOYEE WITH HEADQUARTERS IN SAN FRANCISCO, MAY NOT BE REGARDED AS THE BRIDGE APPROACHES; RATHER, SUCH MILEAGE FOR TRAVEL ON THE BRIDGES IS PAYABLE ONLY FOR DISTANCES BEYOND THE ACTUAL CORPORATE LIMITS. 22 COMP. GEN. 572, INVOLVING THE HOLLAND TUNNEL, DISTINGUISHED.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF THE NAVY, DECEMBER 14, 1944:

I HAVE YOUR LETTER OF NOVEMBER 30, 1944 ( JAG:II:WGJ Z. L20-2) N14), REQUESTING DECISION UPON THE QUESTIONS PRESENTED IN A LETTER DATED NOVEMBER 14, 1944, FROM CAPTAIN B. R. PEOPLES, DISBURSING OFFICER, UNITED STATES NAVY YARD, MARE ISLAND, CALIFORNIA, TO THIS OFFICE, AS FOLLOWS:

IN YOUR DECISION, B-30297, DECEMBER 12, (31), 1942, IT IS HELD THAT FOR THE PURPOSES OF DETERMINING MILEAGE ALLOWANCE FOR USE OF PRIVATELY OWNED AUTOMOBILES BY CIVILIAN EMPLOYEES WHOSE OFFICIAL HEADQUARTERS ARE EITHER IN NEW YORK OR JERSEY CITY, THE HOLLAND TUNNEL MAY BE CONSIDERED WHOLLY OUTSIDE THE CORPORATE LIMITS OF EITHER OF THOSE CITIES.

A SITUATION, CONSIDERED ANALOGOUS TO THAT CITED ABOVE, EXISTS IN THE SAN FRANCISCO BAY AREA IN RESPECT TO AUTOMOBILE TRAVEL OVER THE BRIDGE OUTLETS FROM SAN FRANCISCO.

THIS OFFICE HANDLES CLAIMS COVERING THREE FORMS OF ORDERS FOR CIVILIAN EMPLOYEES WHOSE DUTY STATION IS THE FERRY BUILDING, SAN FRANCISCO, AND WHO PERFORM TRAVEL BY OWN CONVEYANCES WITHIN AND BEYOND THE LIMITS OF THAT CITY. THESE ORDERS AUTHORIZE PAYMENT AS FOLLOWS:

(A) 3 CENTS PER MILE WITHIN DUTY STATION LIMITS AND 5 CENTS PER MILE BEYOND. (THESE COVER TRAVEL OF INSPECTORS ONLY).

(B) NO ALLOWANCE WITHIN DUTY STATION BUT 5 CENTS PER MILE BEYOND.

(C) NO ALLOWANCE WITHIN DUTY STATION BUT 4 CENTS PER MILE BEYOND.

AS TO THE BAY BRIDGE, THE CITY LIMITS OF SAN FRANCISCO MEET THOSE OF OAKLAND AT A POINT ON THE BRIDGE APPROXIMATELY 4.5 MILES FROM THE FIFTH AND BRYANT STREET ENTRANCE IN SAN FRANCISCO. THE OVERALL LENGTH OF THIS BRIDGE, FROM THE AFOREMENTIONED POINT TO THE "Y" AT THE OAKLAND END, IS ABOUT 7.6 MILES. FOR PURPOSE OF TRAVEL TO OAKLAND OR BEYOND THE USUAL ACCESS TO THE BRIDGE FROM THE FERRY BUILDING WOULD BE VIA THE APPROACH LEADING TO THE BRIDGE AT FREEMONT AND HARRISON STREETS. THE DISTANCE OVER THIS ENTRANCE AS RELATED TO MILEAGE FROM THE FERRY BUILDING TO THE CITY LIMITS IS APPROXIMATELY 5.3 MILES WITH THE CITY LIMITS RECOGNIZED AS ABOUT 1.0 MILE BEYOND. THE ACTUAL ENTRANCE TO THE BRIDGE APPROACH ON THIS ROUTE, AT THE END OF MARINA BLVD., IS ABOUT 3.6 MILES FROM THE FERRY BUILDING.

DECISION IS REQUESTED AS TO THE PROPRIETY OF PAYING BEYOND-DUTY STATION MILEAGE ALLOWANCE ON THE TYPE OF ORDERS INTRODUCED IN PARAGRAPH 3 FROM THE POINT OF ACTUAL ENTRY ON RECOGNIZED BRIDGE APPROACHES (THE POINTS FROM WHICH TOLL IS PAYABLE), OVER AND VIA THE USUAL OR SHORTEST ROUTES OF TRAVEL FROM THE DUTY STATIONS OF EMPLOYEES UNDER COMPETENT ORDERS TO PERFORM SUCH TRAVEL.

IN GENERAL, WILL IT BE CORRECT TO CLASSIFY AS BEYOND DUTY STATIONS ALL TRAVEL OVER BRIDGES LEADING OUT OF SAN FRANCISCO, FOR THE PURPOSE OF PAYMENT OF THE AMOUNTS SPECIFIED IN ORDERS?

IN THE REFERRED-TO DECISION OF DECEMBER 31, 1942 (NOT DECEMBER 12), B 30297, 22 COMP. GEN. 572, IT WAS STATED, AT PAGE 575 IN PERTINENT PART, AS FOLLOWS:

WHILE THERE MAY BE SOME BASIS FOR HOLDING OTHERWISE (SEE THE ACT OF JUNE 28, 1834, 4 STAT. 708; ACT OF JULY 11, 1919, 41 STAT. 158, AND THE CASE OF THE DEVOE MANUFACTURING COMPANY, 108 U.S. 401), NEVERTHELESS, FOR PURPOSES OF DETERMINING MILEAGE ALLOWANCE AND TRAVELING EXPENSES OF FEDERAL OFFICERS AND EMPLOYEES, THE HOLLAND TUNNEL MAY BE REGARDED AS LYING WHOLLY OUTSIDE CORPORATE LIMITS OF EITHER NEW YORK CITY OR JERSEY CITY, EITHER OF WHICH IS THE HEADQUARTERS OF AN EMPLOYEE, FOR THE REASON THAT FOR ALL PRACTICAL PURPOSES AN EMPLOYEE LEAVES HIS OFFICIAL STATION WHETHER IT BE NEW YORK CITY OR JERSEY CITY, WHEN HE ENTERS THE TUNNEL, THE EXIT OF WHICH LIES IN A STATE OTHER THAN THAT IN WHICH THE ENTRANCE LIES. ON THAT BASIS, MILEAGE MAY BE ALLOWED FOR THE USE OF A PRIVATELY-OWNED AUTOMOBILE FOR THE ENTIRE DISTANCE TRAVELED IN THE TUNNEL, SUCH DISTANCE BEING REGARDED AS OUTSIDE THE CORPORATE LIMITS OF THE HEADQUARTERS OF AN EMPLOYEE. SEE THE PARAGRAPHS OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS ABOVE CITED. HOWEVER, THE TOLL CHARGE FOR THE USE OF THE TUNNEL WOULD NOT BE REIMBURSABLE TO AN EMPLOYEE TRAVELING IN A PRIVATELY- OWNED AUTOMOBILE ON A MILEAGE BASIS UNDER THE REGULATIONS AND THE RULES STATED IN THE DECISION OF NOVEMBER 12, 1931, 11 COMP. GEN. 175 * * *.

THE TWO BRIDGES MENTIONED IN THE LETTER, SUPRA, DO NOT HAVE THEIR APPROACHES IN DIFFERENT STATES--- AS WAS THE SITUATION IN THE ABOVE QUOTED DECISION--- AND IT APPEARS FROM THE SUBMISSION THAT THE CITY LIMITS OF SAN FRANCISCO DEFINITELY ARE RECOGNIZED AS LOCATED AT STATED DISTANCES FROM THE APPROACHES.

MILEAGE FOR THE USE OF PRIVATELY-OWNED AUTOMOBILES BY CIVILIAN EMPLOYEES IS ALLOWABLE UNDER THE ACT OF FEBRUARY 14, 1941, 46 STAT. 1103, AS AMENDED, ONLY FOR "NECESSARY TRAVEL ON OFFICIAL BUSINESS AWAY FROM HIS DESIGNATED POST OF DUTY.' PARAGRAPH 3 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS DESCRIBES THE DESIGNATED POST OF DUTY AS FOLLOWS:

3. OFFICIAL STATION--- POST OF DUTY.--- DESIGNATED POST OF DUTY AND OFFICIAL STATION MEAN ONE AND THE SAME, THE LIMITS OF WHICH WILL BE THE CORPORATE LIMITS OF THE CITY OR TOWN IN WHICH THE OFFICER OR EMPLOYEE IS STATIONED * * *.

AS IT APPEARS THAT THE CORPORATE LIMITS OF THE CITY OF SAN FRANCISCO DEFINITELY ARE KNOWN OR ASCERTAINABLE, THIS OFFICE IS WITHOUT AUTHORITY TO PERMIT THE COMPUTATION OF MILEAGE FOR TRAVEL OVER THE TWO BRIDGES OTHERWISE THAN AS REQUIRED BY THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS; THAT IS, AT NOT EXCEEDING THE RATES PROVIDED BY THE ACT OF FEBRUARY 14, 1931, AS AMENDED BY THE ACT OF MARCH 3, 1933, 47 STAT. 1516, FOR ALL TRAVEL BEYOND THE CORPORATE LIMITS OF THE CITY REGARDLESS OF WHETHER SUCH LIMITS CROSS OR INTERSECT THE BRIDGES AT A PARTICULAR POINT THEREON, AS APPEARS TO BE THE SITUATION IN THE MATTER HERE PRESENTED. THE MILEAGE ALLOWANCE OF 3 CENTS PER MILE AS AUTHORIZED TO CIVILIAN EMPLOYEES OF THE NAVY DEPARTMENT UNDER SECTION 116 OF THE NAVAL APPROPRIATION ACT, 1945, APPROVED JUNE 22, 1944, PUBLIC LAW 347, IS PAYABLE FOR ALL DISTANCES TRAVELED WITHIN THE CORPORATE LIMITS INCLUDING THAT PORTION OF THE BRIDGES WITHIN SUCH LIMITS.