B-152381, OCT. 7, 1963

B-152381, OCT. 7, 1963

TO THE SECRETARY OF STATE:

ON AUGUST 27, 1963, THE ACTING ASSISTANT SECRETARY FOR ADMINISTRATION REQUESTED OUR COMMENTS AND ADVICE WHETHER ON THE BASIS OF THE PROPOSED REVISION TO 6 FAM 146.2 WE WOULD BE AMENABLE TO A PROPOSAL WHEREBY EITHER THE NORTHWEST ORIENT AIRLINES ROUTES OR THE PAN AMERICAN WORLD AIRWAYS ROUTES FROM WASHINGTON, D.C., TO TOKYO, JAPAN, WOULD BE CONSIDERED AS USUALLY TRAVELED ROUTES EVEN THOUGH THERE MIGHT BE A VARIATION IN THE FARE COST BECAUSE OF THE ACCOMMODATIONS USED.

THE LETTER POINTS OUT THAT IN THE APPLICATION OF THE UNIFORM STATE/USIA FOREIGN SERVICE TRAVEL REGULATIONS WHICH BECAME EFFECTIVE MAY 15, 1963, IT HAS BEEN ADMINISTRATIVELY DETERMINED THAT AIR TRAVEL BETWEEN WASHINGTON, D.C., AND THE FAR EAST MUST BE PERFORMED VIA THE USE OF LESS THAN FIRST- CLASS AIR ACCOMMODATIONS--- 6 FAM 146.2-1--- BETWEEN WASHINGTON AND ONE OF THE SEVERAL ADMINISTRATIVELY ESTABLISHED WEST COAST CHANGEOVER POINTS WITH FIRST-CLASS ACCOMMODATIONS AUTHORIZED FROM SUCH POINTS TO DESTINATION. THIS ADMINISTRATIVE DETERMINATION, IT IS STATED, WAS FOR THE PURPOSE OF LIMITING YOUR OFFICIAL TRAVELERS TO THE CLASS OF ACCOMMODATIONS FOR TRAVEL WITHIN THE CONTINENTAL UNITED STATES USED BY THE MAJORITY OF THE TRAVELING PUBLIC.

IT IS FURTHER POINTED OUT THEREIN THAT THE DECISION TO ESTABLISH THE CHANGEOVER POINTS AT THE WEST COAST FOR UPGRADING OR DOWNGRADING CLASSES OF TRAVEL, DEPENDING UPON WHETHER THE TRIP IS WESTBOUND OR EASTBOUND, WAS PROMPTED BY THE FARE CONSTRUCTIONS INVOLVED AND THE BELIEF THAT SUCH CHANGEOVER POINTS WOULD OFFER EQUAL OPPORTUNITY FOR TRAVELERS TO UTILIZE NORTHWEST ORIENT AIRLINES OR PAN AMERICAN WORLD AIRWAYS. IT IS STATED THAT WITH CHANGEOVER POINTS AT ANCHORAGE, ALASKA, OR HONOLULU, HAWAII, THE FARE VIA HONOLULU ON THE TRIP FROM WASHINGTON, D.C., TO TOKYO, JAPAN, WOULD BE LESS THAN VIA ANCHORAGE, ALASKA, AND THAT THIS WOULD MAKE THE WASHINGTON-HONOLULU-TOKYO ROUTE THE USUALLY TRAVELED ROUTE. THIS WOULD HAVE THE EFFECT, IT IS STATED, OF ROUTING ALL OF YOUR OFFICIAL AIR TRAFFIC TO THE FAR EAST ON PAN AMERICAN WORLD AIRWAYS AND DIVERTING SUCH TRAFFIC FROM NORTHWEST ORIENT AIRLINES.

THE LETTER ALSO POINTS OUT THAT THE WEST COAST CHANGEOVER POINT HAS BEEN PROTESTED BY NORTHWEST ORIENT AIRLINES AND CERTAIN MEMBERS OF CONGRESS, AND THAT YOUR DEPARTMENT IS ANXIOUS TO ARRANGE SOME SATISFACTORY SOLUTION TO THE PROBLEM. THE OBJECTIONS SET OUT IN THE LETTER ARE THREEFOLD AND READ AS FOLLOWS:

"/1) IT DENIES NORTHWEST THE OPPORTUNITY FOR FIRST-CLASS CARRIAGE OF OUR PASSENGERS ON ITS NEW YORK-ANCHORAGE-TOKYO OR CHICAGO-ANCHORAGE TOKYO FLIGHTS, EVEN THOUGH NEW YORK AND CHICAGO ARE, IN THE CASE OF NORTHWEST AIRLINES, CONSIDERED TO BE INTERNATIONAL GATEWAYS; (2) IT REQUIRES PASSENGERS LEAVING WASHINGTON ON NORTHWEST TO TAKE THE SERVICE WHICH OPERATES OUT OF WASHINGTON TO SEATTLE VIA DETROIT, MINNEAPOLIS, ST. PAUL AND PORTLAND; THERE THEY CONNECT WITH A LOCAL FLIGHT TO ANCHORAGE WHICH, IN TURN, CONNECTS WITH NORTHWEST'S INTERNATIONAL POLAR FLIGHT ORIGINATING AT NEW YORK AND CHICAGO; AND (3) THE COMPLICATIONS MENTIONED IN (1) AND (2) ABOVE ARE HAVING THE NET EFFECT OF DIVERTING TRAFFIC FROM THE NORTHWEST ROUTE THROUGH ANCHORAGE TO THE PAN AMERICAN ROUTE THROUGH HONOLULU AND THIS IS REPORTEDLY AFFECTING THE ECONOMY OF THE STATE OF ALASKA AS WELL AS THE AIRLINE CONCERNED.'

THE LETTER REFERS TO THE LONG STANDING RULINGS OF OUR OFFICE TO THE EFFECT THAT "THE MOST ECONOMICAL FARE AT THE CLASS OF ACCOMMODATIONS AUTHORIZED" IS THE CONTROLLING FACTOR WHERE THE USUALLY TRAVELED ROUTE IS CONCERNED. THESE RULINGS WERE BASED UPON THE PROVISIONS OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS (SGTR), IN FORCE AND EFFECT AT THAT TIME, REQUIRING THAT ALL TRAVEL BE "BY THE MOST ECONOMICAL USUALLY TRAVELED ROUTE.' HOWEVER, FOR SOME TIME THE REQUIREMENTS OF THE SGTR HAVE BEEN THE SAME AS THEY ARE TODAY. SECTION 3.2 THEREOF CURRENTLY IN EFFECT, READS AS FOLLOWS:

"ROUTING OF TRAVEL.--- ALL TRAVEL MUST BE BY A USUALLY TRAVELED ROUTE. TRAVEL BY OTHER ROUTES MAY BE ALLOWED WHEN THE OFFICIAL NECESSITY THEREFOR IS SATISFACTORILY ESTABLISHED.'

SECTION 131.2 OF YOUR REGULATIONS LIKEWISE PROVIDES FOR TRAVEL BY "A USUALLY TRAVELED ROUTE.' THUS IT IS NO LONGER REQUIRED THAT THE ROUTING IS TO BE BY "THE MOST ECONOMICAL" ROUTE. MOREOVER, IT IS EVIDENT THAT BETWEEN TWO POINTS OF TRAVEL THERE MAY BE MORE THAN ONE COMMON CARRIER ROUTE THAT FALLS INTO THE CATEGORY OF A USUALLY TRAVELED ROUTE. WHEN TRAVEL IS PERFORMED OVER SUCH A ROUTE THE FACTOR OF A REASONABLE COST VARIATION, OF ITSELF, WOULD NOT PRECLUDE THE USE OF THE ROUTE WITH THE HIGHER FARE.

MATTERS CONCERNING THE SERVICE AND ROUTE TO WHICH TRAVELERS ARE ENTITLED IN PERFORMING THE BUSINESS OF THE GOVERNMENT ARE FOR ADMINISTRATIVE DETERMINATION WITHIN THE APPLICABLE REGULATIONS AND LAWS.