[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.


0
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

0
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]

0
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

0
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

0
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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