[Federal Register Volume 71, Number 80 (Wednesday, April 26, 2006)]
[Rules and Regulations]
[Pages 24596-24597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3913]
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GENERAL SERVICES ADMINISTRATION
41 CFR Parts 301-12, 301-13, and 301-70
[FTR Amendment 2006-03; FTR Case 2006-303]
RIN 3090-AI24
Federal Travel Regulation; Travel of an Employee with Special
Needs--Services of Attendants
AGENCY: Office of Governmentwide Policy, General Services
Administration (GSA).
ACTION: Final rule.
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SUMMARY: The General Services Administration (GSA) is amending the
Federal Travel Regulation (FTR), to clarify existing authority under
the Rehabilitation Act of 1973, as amended, 29 U.S.C. 701-796l, and 5
U.S.C. 3102, that allows agencies to reimburse employees with special
needs for expenses incurred for the services of an attendant while on
official travel. Specifically, this final rule amends the FTR by adding
reimbursement for ``services of an attendant traveling with an employee
with special needs'' as a miscellaneous expense item. The FTR and any
corresponding documents may be accessed at GSA's website at http://www.gsa.gov/ftr.
DATES: Effective Date: This final rule is effective April 26, 2006.
FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat (VIR),
Room 4035, GS Building, Washington, DC, 20405, (202) 208-7312, for
information pertaining to status or publication schedules. For
clarification of content, contact Umeki Thorne, Office of
Governmentwide Policy, Travel Management Policy, at (202) 208-7636.
Please cite FTR Amendment 2006-03; FTR case 2006-303.
SUPPLEMENTARY INFORMATION:
A. Background
In order to provide reasonable accommodations for travel of an
employee with special needs, agencies are authorized to pay for a
variety of travel expenses as needed by the employee. Allowable
expenses include the transportation and per diem expenses incurred by a
family member or other attendant who must travel with the employee to
make the trip possible. Although authorized by existing statutes, the
FTR has not included a provision expressly addressing whether or not
agencies may reimburse employees for expenses incurred for the actual
services performed by an attendant while on travel with the employee.
Accordingly, this final rule adds a provision stating that agencies may
reimburse employees for the expenses of an attendant as a miscellaneous
travel expense.
B. Executive Order 12866
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
C. Regulatory Flexibility Act
This final rule is not required to be published in the Federal
Register for notice and comment; therefore, the Regulatory Flexibility
Act, 5 U.S.C. 601, et seq., does not apply.
D. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FTR do not impose recordkeeping or information collection
requirements, or the collection of information from offerors,
contractors, or members of the public that require the approval of the
Office of Management and Budget under 44 U.S.C. 3501, et seq.
E. Small Business Regulatory Enforcement Fairness Act
This final rule is also exempt from congressional review prescribed
under 5 U.S.C. 801 since it relates solely to agency management and
personnel.
List of Subjects in 41 CFR Parts 301-12, 301-13, and 301-70
Government employees, Travel and transportation expenses.
Dated: March 7, 2006.
David L. Bibb,
Acting Administrator of General Services.
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For the reasons set forth in the preamble, under 5 U.S.C. 5701-5709,
GSA amends 41 CFR parts 301-12, 301-13, and 301-70 as set forth below:
PART 301-12--MISCELLANEOUS EXPENSES
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1. The authority citation for 41 CFR part 301-12 continues to read as
follows:
Authority: Authority: 5 U.S.C. 5707.
Sec. 301-12.1 [Amended]
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2. Amend section 301-12.1, in the table, in the first column under the
heading ``General expenses'', by adding the entry ``Services of an
attendant as described in Sec. 301-13.3'' after the entry ``Services
of guides, interpreters, and drivers''.
PART 301-13--TRAVEL OF AN EMPLOYEE WITH SPECIAL NEEDS
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3. The authority citation for 41 CFR part 301-13 continues to read as
follows:
Authority: Authority: 5 U.S.C. 5707.
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4. Amend section 301-13.3 by revising the introductory sentence,
paragraphs (e) and (f); and adding paragraph (g), and Note to paragraph
(g) to read as follows:
[[Page 24597]]
Sec. 301-13.3 What additional travel expenses may my agency pay under
this part?
Your agency approving official may pay for any expenses deemed
necessary by your agency to accommodate an employee with a special need
including, but not limited to, the following expenses:
* * * * *
(e) Renting and/or transporting a wheelchair;
(f) Premium-class accommodations when necessary to accommodate your
special need, under Subpart B of Part 301-10 of this subchapter; and
(g) Services of an attendant, when necessary, to accommodate your
special need.
Note to Sec. 301-13.3(g): For limits on the amount that may be
paid to an attendant, other than travel expenses, see 5 U.S.C. 3102 and
guidance at http://www.opm.gov/disability/mngr_6-01-B.asp.
PART 301-70--INTERNAL POLICY AND PROCEDURE REQUIREMENTS
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5. The authority citation for 41 CFR part 301-70 continues to read as
follows:
Authority: Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); Sec. 2,
Pub. L. 105-264, 112 Stat. 2350 (5 U.S.C. 5701 note), Office of
Management and Budget Circular No. A-126, ``Improving the Management
and Use of Government Aircraft.'' Revised May 22, 1992.
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6. Revise section 301-70.400 to read as follows:
Sec. 301-70.400 How should we authorize and administer the payment of
additional travel expenses for an employee with a disability or special
need?
You should authorize and administer the payment to reasonably
accommodate employee(s) with disabilities in accordance with the
Rehabilitation Act of 1973, as amended (29 U.S.C. 701-796l) and 5
U.S.C. 3102 and Part 301-13 of this chapter. An employee with a special
need should be treated the same as an employee with a disability. You
must determine that additional travel expenses are necessary to
accommodate the employee's needs.
[FR Doc. 06-3913 Filed 4-25-06; 8:45 am]
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