Federal Register/Vol. 74, No. 10 / Thursday, January 15, 2009/Rules and Regulations

EPA's maintenance plan guidance

document dated May 20, 2005. The EPA

therefore approved the 1997 8-hour

ozone NAAQS maintenance plan for the

area of El Paso County on January 15,

2009.

[FR Doc. E9-708 Filed 1-14-09; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[FRL-8762-7]

Finding of Failure To Submit State

Implementation Plans Required by the

1999 Regional Haze Rule

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

Regional offices

Anne Arnold, Manager, Air Quality Planning Unit, EPA New England, I

Congress Street, Suite 1100 (CAQ), Boston, MA 02114-2023.

Raymond Werner, Chief, Air Programs Branch, EPA Region II, 290

Broadway, 25th Floor, New York, NY 10007-1866.

Christina Fernandez, Chief, Air Quality Planning Branch, EPA Region

III, 1650 Arch Street, Philadelphia, PA 19103-2187.

Dick A. Schutt, Chief, Air Planning Branch, EPA Region IV, Sam Nunn

Atlanta Federal Center, 61 Forsyth, Street, SW., 12th Floor, Atlanta,

GA 30303.

Jay Bortzer, Chief, Air Programs Branch, EPA Region V, 77 West

Jackson Street, Chicago, IL 60604.

Tom Diggs, Associate Director Air Programs, EPA Region VI, 1445

Ross Avenue, Dallas, TX 75202-2733.

Joshua A. Tapp, Chief, Air Programs Branch, EPA Region VII, 901

North 5th Street, Kansas City, Kansas 66101-2907.

Monica S. Morales, Unit Chief, Air Quality Planning Unit, EPA Region

VIII Air Program, 1595 Wynkoop St. (8P-AR), Denver, CO 80202-

1129.

Lisa Hanf, Chief, Air Planning Office, EPA Region IX, 75 Hawthorne

Street, San Francisco, CA 94105.

Mahbubul Islam, Manager, State and Tribal Air Programs, EPA Region

X, Office of Air, Waste, and Toxics, Mail Code OAQ-107, 1200 Sixth

Avenue, Seattle, WA 98101.

Connecticut, Maine,

Vermont.

SUMMARY: The EPA is taking a final

action finding that 37 states, the District

of Columbia, and the U.S. Virgin Islands

have failed to submit for EPA review

and approval State Implementation

Plans (SIPs) for improving visibility in

the nation's national parks and

wilderness areas. Under the Clean Air

Act (CAA) and EPA's implementing

regulations, states were required to

submit these SIPs to EPA by December

17, 2007. These SIPs must contain a

number of elements, including

importantly: For each mandatory Class

I federal area in a state, reasonable

progress goals providing for an

improvement in visibility for the most

impaired days and ensuring no

degradation in visibility for the least

impaired days; a long-term strategy for

improving visibility, including

enforceable emissions limitations, for

meeting the reasonable progress goals;

and Best Available Retrofit Technology

States

Massachusetts, New Hampshire, Rhode Island,

New Jersey, New York, Virgin Islands.

District of Columbia, Maryland, Pennsylvania, Virginia.

Florida, Georgia.

Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin.

Oklahoma, New Mexico, Texas.

Kansas, Nebraska.

Colorado, Montana, North Dakota, South Dakota, Wyoming.

Arizona, California, Hawaii, Nevada.

Alaska, Idaho, Oregon, Washington.

Table of Contents

I. Background

A. Statutory and Regulatory Requirements

B. Consequences of Findings of Failure To

Submit

II. This Action

III. Statutory and Executive Order Reviews

A. Notice and Comment Under the

Administrative Procedure Act

B. Effective Date Under the Administrative

Procedure Act

C. Executive Order 12866: Regulatory

Planning and Review

D. Paperwork Reduction Act

E. Regulatory Flexibility Act (RFA)

F. Unfunded Mandates Reform Act

G. Executive Order 13132: Federalism

H. Executive Order 13175: Consultation

and Coordination With Indian Tribal

Governments

I. Executive Order 13045: Protection of

Children From Environmental Health

and Safety Risks

J. Executive Order 13211: Actions That

Significantly Affect Energy Supply,

Distribution, or Use

K. National Technology Transfer

Advancement Act

L. Executive Order 12898: Federal Actions

To Address Environmental Justice in

Minority Populations and Low-Income

Populations

M. Congressional Review Act

N. Judicial Review

I. Background

In CAA section 169A, Congress

declared as a national goal the

prevention of any future, and the

remedying of any existing, impairment

of visibility in mandatory class I Federal

areas (Class I areas) 1 which impairment

results from manmade air pollution.

EPA's visibility regulations, codified at

40 CFR 51.300-51.309, require states to

develop regional haze SIPs with

measures necessary to make reasonable

progress towards remedying visibility

impairment in Class I areas. The

required SIP elements include: (1) For

states with one or more Class I areas, the

1 Areas designated as mandatory Class I Federal

areas are those national parks exceeding 6,000

acres, wilderness areas and national memorial parks

exceeding 5,000 acres, and all international parks

which were in existence on August 7, 1977.

Visibility has been identified as an important value

in 156 of these areas. See 40 CFR part 81, subpart

D.

(BART) determinations for certain older

existing stationary sources. By this

action, the EPA is making a finding of

failure to submit for those states that

have not submitted a SIP or have

submitted a SIP that addresses only part

of the requirements.

DATES: Effective Date: This action is

effective on January 15, 2009.

FOR FURTHER INFORMATION CONTACT:

General questions concerning this

notice should be addressed to Mr. Todd

Hawes, Office of Air Quality Planning

and Standards, Air Quality Policy

Division, Mail Code: C539-04, 109 TW

Alexander Drive, Research Triangle

Park, NC 27709; telephone (919) 541-

5591.

SUPPLEMENTARY INFORMATION: For

questions related to a specific state

please contact the appropriate regional

office:

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setting of reasonable progress goals for

each Class I area; (2) calculations of

baseline and natural visibility

conditions for each Class I area located

in a state; (3) the development of long

term strategies addressing visibility

impairment; (4) a monitoring strategy

that is representative of all Class I areas

within a state and reporting

requirements; (5) the BART

requirements; and (6) a description of

how the state addressed any comments

provided by Federal Land Managers. 40

CFR 51.308. EPA's visibility regulations

also provide certain states with the

option to submit regional haze SIPs

based on the recommendations of the

Grand Canyon Visibility Transport

Commission. Such SIPs are required to

include certain emission reduction

strategies, including a program to

reduce emissions of sulfur dioxide from

stationary sources. 40 CFR 51.309.

Some states have submitted regional

haze SIPs as required under the CAA

and EPA's implementing regulations,

but at present a number of states have

not yet submitted final SIPs to EPA to

satisfy these requirements of the CAA.

The EPA is by this action making a

finding of failure to submit for those

states.

A. Statutory and Regulatory

Requirements

Sections 169A and 169B of the CAA

set forth the goals of the regional haze

program and mandate that states

develop SIPs to ensure that reasonable

progress is made towards meeting those

goals, including the requirements for

BART. The regional haze rule issued in

1999 specifies the requirements and

deadlines for state and local SIPs

designed to meet the visibility

protection provisions of the CAA. See

64 FR 35714. EPA revised certain

requirements of the regional haze rule

on July 6, 2005 (70 FR 39104) including

the deadline for submitting regional

haze SIPs, pursuant to the Consolidated

Appropriations Act for Fiscal Year 2004,

Public Law 108-199, January 23, 2004

(codified at 42 U.S.C. 7407(d)(7), CAA

section 107(d)(7)). This statutory

deadline for SIP submittals was

December 17, 2007.

B. Consequences of Findings of Failure

To Submit

Under the CAA section 110(c), EPA is

required to promulgate a Federal

Implementation Plan (FIP) within two

years of the effective date of a finding

that a state has failed to submit a SIP.

The FIP requirement is void if a state

submits a regional haze SIP, and EPA

approves that SIP within the two year

period.

II. This Action

In this action, EPA is finding that 37

states, the District of Columbia, and the

U.S. Virgin Islands have failed to make

all or part of the required SIP

submissions to address regional haze.

This finding starts the two year clock for

the promulgation by EPA of a FIP. EPA

is not required to promulgate a FIP if the

state makes the required SIP submittal

and EPA takes final action to approve

the submittal within two years of EPA's

finding.

At approximately the same time as the

signing of this notice, EPA Regional

Administrators are sending letters

informing each state identified below

that they have failed to make the

required regional haze SIP submissions.

These letters, and any accompanying

enclosures, have been included in the

docket to this action. This action will be

effective on January 15, 2009. The states

listed in the tables below failed to

submit all or part of the required SIP

elements per section 169A of the CAA

and associated implementing

regulations at 40 CFR 51.308 and 40

CFR 51.309.

Arizona, New Mexico, and Wyoming

have opted to develop SIPs based on the

recommendations of the Grand Canyon

Visibility Transport Commission under

40 CFR 51.309. All three States have

failed to submit the plan elements

required by 40 CFR 51.309(g), the

reasonable progress requirements for

areas other than the 16 Class I areas

covered by the Grand Canyon Visibility

Transport Commission Report. Arizona

and New Mexico have also failed to

submit the plan element required by 40

CFR 51.309(d)(4), the alternate

stationary source program for control of

sulfur dioxide (SO 2).

Colorado has failed to submit plan

elements required by 40 CFR 51.308(d),

specifically, reasonable progress goals

and long-term strategy elements

addressing reasonable progress.

Colorado has also failed to submit a

plan meeting the BART requirements of

40 CFR 51.308(e), specifically, BART

determinations and requirements, for

two sources located in the state,

Colorado Springs Utilities' Martin Drake

Power Plant in Colorado Springs,

Colorado and Cemex, Inc. Lyons

Portland Cement Plant in Lyons,

Colorado.

Michigan has also failed to submit

plan elements required by 40 CFR

51.308(d), specifically, reasonable

progress goals and long-term strategy

elements addressing reasonable

progress. In addition, Michigan has

failed to submit a plan meeting the

BART requirements of 40 CFR 51.308(e).

Specifically, for the following six

sources located in the state, Michigan

has failed to submit a plan with BART

determinations and requirements:

LaFarge Midwest, Inc. in Alpena,

Michigan; St. Mary's Cement in

Charlevoix, Michigan; Smurfit/Stone

Container Corporation in Ontonagon,

Michigan; Escanaba Paper Company in

Escanaba, Michigan; and Cleveland

Cliffs Corporation Tilden Mining

Company and the Empire Iron Mining,

both in Marquette, Michigan.

States and Territories Failing To Submit

SIPs Addressing Any of the Required

Regional Haze SIP Elements of 40 CFR

51.308

Alaska, California, Connecticut,

District of Columbia, Florida, Georgia,

Hawaii, Idaho, Illinois, Indiana, Kansas,

Maine, Maryland, Massachusetts,

Minnesota, Montana, Nebraska, Nevada,

New Hampshire, New Jersey, New York,

North Dakota, Ohio, Oklahoma, Oregon,

Pennsylvania, Rhode Island, South

Dakota, Texas, Vermont, U.S. Virgin

Islands, Virginia, Washington, and

Wisconsin.

States Failing To Submit SIPs

Addressing Part of the Required

Regional Haze SIP Elements

Arizona-40 CFR 51.309(g) and 40

CFR 51.309(d)(4).

Colorado-40 CFR 51.308(d) and 40

CFR 51.308(e) for two sources.

Michigan-40 CFR 51.308(d) and 40

CFR 51.308(e) for six sources.

New Mexico-40 CFR 51.309(g) and

40 CFR 51.309(d)(4).

Wyoming-40 CFR 51.309(g).

III. Statutory and Executive Order

Reviews

A. Notice and Comment Under the

Administrative Procedure Act

This is a final EPA action, but is not

subject to notice-and-comment

requirements of the Administrative

Procedure Act (APA), 5 U.S.C. 553(b).

EPA believes that because of the limited

time provided to make findings of

failure to submit regarding SIP

submissions, Congress did not intend

such findings to be subject to noticeand-comment rulemaking. However, to

the extent such findings are subject to

notice-and-comment rulemaking, EPA

invokes the good cause exception

pursuant to the APA, 5 U.S.C.

553(b)(3)(B). Notice and comment are

unnecessary because no EPA judgment

is involved in making a finding of

failure to submit a SIP or required

elements of SIP submissions pursuant to

the CAA. Furthermore, providing notice

and comment would be impracticable

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because of the limited time provided

under the statute for making such

determinations. Finally, notice and

comment would be contrary to the

public interest because it would divert

agency resources from the critical

substantive review of SIPs that have

already been submitted. See 58 FR

51270, 51272, n.17 (Oct. 1, 1993); 59 FR

39832, 39853 (Aug. 4, 1994).

B. Effective Date Under the

Administrative Procedure Act

This action will be effective on

January 15, 2009. Under the APA, 5

U.S.C. 553(d)(3), agency rulemaking

may take effect before 30 days after the

date of publication in the Federal

Register if the agency has good cause to

specify an earlier effective date. This

action concerns SIP submissions that

are already overdue; and EPA

previously cautioned the affected states

that the SIP submissions were overdue

and that EPA was considering taking

this action. In addition, this action

simply starts a "clock" for EPA to

promulgate a SIP within two years.

There are no mandatory sanctions

enacted against the states by this action,

although the Agency may employ

discretionary sanctions, and the clock

may be "turned off" through the

submission of complete SIPs by the

states followed by approval of the SIPs

by EPA. These reasons support an

effective date prior to 30 days after the

date of publication.

C. Executive Order 12866: Regulatory

Planning and Review

This action is not a "significant

regulatory action" under the terms of

Executive Order (EO) 12866 (58 FR

51735, October 4, 1993) and is therefore

not subject to review under the EO.

However, the EPA submitted this action

to the Office of Management and Budget

(OMB) for review on December 11,

2008, and any changes made in

response to OMB's recommendations

have been documented in the docket for

this action. The OMB released it on

January 6, 2009.

D. Paperwork Reduction Act

This action does not impose an

information collection burden under the

provisions of the Paperwork Reduction

Act, 44 U.S.C. 3501 et seq. Burden is

defined at 5 CFR 1320(b). This rule

relates to the requirement in the CAA

for states to submit SIPs under section

Part D of title I of the CAA.

E. Regulatory Flexibility Act (RFA)

This final rule is not subject to the

Regulatory Flexibility Act (RFA), which

generally requires an agency to prepare

a regulatory flexibility analysis for any

rule that will have a significant

economic impact on a substantial

number of small entities. The RFA

applies only to rules subject to notice

and comment rulemaking requirements

under the Administrative Procedure Act

(APA) or any other statute. This rule is

not subject to notice and comment

requirements under the APA or any

other statute because, although the rule

is subject to the APA, the Agency has

invoked the "good cause" exemption

under 5 U.S.C. 553(b), and therefore it

is not subject to the notice and comment

requirement.

F. Unfunded Mandates Reform Act

This action contains no Federal

mandates under the provisions of Title

II of the Unfunded Mandates Reform

Act of 1998 (UMRA), 2 U.S.C. 1531-

1538 for state, local, or tribal

governments or the private sector. This

action imposed no enforceable duty on

any state, local, or tribal governments or

the private sector. The action imposes

no enforceable duty on any State, local

or tribal governments or the private

sector. Therefore, this action is not

subject to the requirements of sections

202 and 205 of the UMRA.

This action is also not subject to the

requirements of section 203 of UMRA

because it contains no regulatory

requirements that might significantly or

uniquely affect small governments. This

action does not impose any new

obligations or enforceable duties on any

small governments.

G. Executive Order 13132: Federalism

Executive Order 13132, entitled

"Federalism" (64 FR 43255, August 10,

1999), requires EPA to develop an

accountable process to ensure "meaningful and timely input by state

and local officials in the development of

regulatory policies that have federalism

implications." "Policies that have

federalism implications" is defined in

the Executive Order to include

regulations that have "substantial direct

effects on the states, or the relationship

between the national government and

the states, or on the distribution of

power and responsibilities among the

various levels of government."

This action does not have federalism

implications. It will not have substantial

direct effects on the states, on the

relationship between the national

government and the states, or on the

distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132. The CAA

establishes the scheme whereby states

take the lead in developing plans to

meet the National Ambient Air Quality

Standards and the Federal government

acts as a backstop where states fail to

take the required actions. This rule will

not modify the relationship of the states

and EPA for purposes of developing

programs to implement the regional

haze program. Thus, Executive Order

13132 does not apply to this rule.

H. Executive Order 13175: Consultation

and Coordination With Indian Tribal

Governments

This action does not have tribal

implications, as specified in Executive

Order 13175 (65 FR 67249, November 9,

2000). This rule responds to the

requirement in the CAA for states to

submit SIPs to satisfy the requirements

of the 1999 Regional Haze Regulations;

Final Rule. The CAA requires each state

to develop a SIP describing how the

state will minimize the impacts of

emissions emanating from within the

state and contributing to visibility

impairment in Class I areas. Tribes have

elected not to submit Regional Haze

SIPs and EPA will ensure air quality

protection in Indian country consistent

with the provisions of 40 CFR 49.11(a).

Therefore, Executive Order 13175 does

not apply to this action.

L Executive Order 13045: Protection of

Children From Environmental Health

and Safety Risks

EPA interprets EO 13045 (62 FR

19885, April 23, 1997) as applying only

to those regulatory actions that concern

health or safety risks, such that the

analysis required under section 5-501 of

the EO has the potential to influence the

regulation. This action is not subject to

EO 13045 because this action is a

procedural step toward reducing

visibility impairment, which may also

reduce pollution that may be harmful to

children.

J. Executive Order 13211: Actions That

Significantly Affect Energy Supply,

Distribution, or Use

This action is not subject to Executive

Order 13211 (66 FR 28355 (May 22,

2001)), because it is not a significant

regulatory action under Executive Order

12866.

K. National Technology Transfer

Advancement Act

Section 12(d) of the National

Technology Transfer Advancement Act

of 1995 (NTTAA), Public Law No. 104-

113, section 12(d) (15 U.S.C. 272 note)

directs EPA to use voluntary consensus

standards (VCS) in its regulatory

activities unless to do so would be

inconsistent with applicable law or

otherwise impracticable. VCS are

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technical standards (e.g., materials

specifications, test methods, sampling

procedures, and business practices) that

are developed or adopted by VCS

bodies. The NTTAA directs EPA to

provide Congress, through OMB,

explanations when the Agency decides

not to use available and applicable VCS.

This action does not involve technical

standards. Therefore, EPA did not

consider the use of any VCS.

L. Executive Order 12898: Federal

Actions To Address Environmental

Justice in Minority Populations and

Low-Income Populations

Executive Order (EO) 12898 (59 FR

7629 (Feb. 16, 1994)) establishes Federal

executive policy on environmental

justice. Its main provision directs

Federal agencies, to the greatest extent

practicable and permitted by law, to

make environmental justice part of their

mission by identifying and addressing,

as appropriate, disproportionately high

and adverse human health or

environmental effects of their programs,

policies, and activities on minority

populations and low-income

populations in the United States.

EPA has determined that this final

rule will not have disproportionately

high and adverse human health or

environmental effects on minority or

low-income populations because it does

not directly affect the level of protection

provided to human health or the

environment. This notice finds that

certain states have not met the

requirement to submit one or more SIPs

and begins a clock requiring them to do

so to meet this statutory obligation. If

the state fails to submit the required

SIPs or if they submit SIPs that EPA

cannot approve, then EPA will be

required to develop the plans in lieu of

the states.

M. Congressional Review Act

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. EPA will submit a

rule report, a copy of this rule and other

required information to the U.S. Senate,

the U.S. House of Representatives, and

the Comptroller General of the United

States prior to publication of the rule in

the Federal Register. A Major rule

cannot take effect until 60 days after it

is published in the Federal Register.

This action is not a "major rule" as

defined by 5 U.S.C. 804(2). This rule

will be effective January 15, 2009.

N. Judicial Review

Under section 307(b)(1) of the CAA,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the District of

Columbia Circuit within 60 days from

the date this final action is published in

the Federal Register. Filing a petition

for reconsideration by the Administrator

of this final rule does not affect the

finality of this rule for the purposes of

judicial review nor does it extend the

time within which a petition for judicial

review must be filed, and shall not

postpone the effectiveness of such rule

or action.

Thus, any petitions for review of this

action making findings of failure to

submit regional haze SIPs identified in

section II above, must be filed in the

Court of Appeals for the District of

Columbia Circuit within 60 days from

the date final action is published in the

Federal Register.

List of Subjects in 40 CFR Part 52

Environmental protection,

Administrative practice and procedure,

Air pollution control, Intergovernmental

relations, Reporting and recordkeeping

requirements.

Dated: January 9, 2009.

Robert J. Meyers,

Principal Deputy Assistant Administrator.

[FR Doc. E9-779 Filed 1-14-09; 8:45 am]

BILLING CODE 6560-50-P

GENERAL SERVICES

ADMINISTRATION

41 CFR Part 102-42

[FMR Amendment 2009-01; FMR Case

2008-102-2; Docket 2008-0001; Sequence

3]

RIN 3090-AI60

Federal Management Regulation; FMR

Case 2008-102-2, Utilization,

Donation, and Disposal of Foreign

Gifts and Decorations

AGENCY: Office of Governmentwide

Policy, General Services Administration

(GSA).

ACTION: Final rule.

SUMMARY: The General Services

Administration is amending the Federal

Management Regulation (FMR) to revise

its policy on appraisals of foreign gifts

and decorations, and to encourage

agencies to use various methods in

obtaining appraisals, including reliable

retail Web sites.

DATES: Effective Date: February 17,

2009.

FOR FURTHER INFORMATION CONTACT: Mr.

Robert Holcombe, Director, Asset

Management (MTA), at (202) 501-3828,

or e-mail at robert.holcombe@gsa.gov for

clarification of content. For information

pertaining to status or publication

schedules, contact the Regulatory

Secretariat, Room 4041, GS Building,

Washington, DC 20405, (202) 501-4755.

Please cite FMR Amendment 2009-01,

FMR Case 2008-102-2.

SUPPLEMENTARY INFORMATION:

A. Background

This final rule amends part 102-42 of

the Federal Management Regulation

(FMR) (41 CFR part 102-42) to bring

this policy into alignment with 5 U.S.C.

7342 by placing the responsibility and

guidelines for obtaining appraisals for

foreign gifts and decorations onto the

agencies (as required by 5 U.S.C.

7342(g)(2)(b)). Removing the policies

from this part that specify the format

and content of an appraisal will give

agencies greater flexibility in obtaining

appraisals. The flexibility is not

intended to preclude the reporting of

gifts, nor does it eliminate the need for

a commercial appraisal when a retail

value appraisal is not an option. This

applies to all gifts, even when the

recipient wishes to retain and/or

purchase the item. This flexibility may

include agency use of reliable retail Web

sites (e.g., Department store Web sites,

Commercial merchandise catalogs) to

obtain the retail value in the United

States of the items(s). This excludes the

use of any auction or discount sale

offerings that appear on the Internet or

written publications (e.g., EBAY, Craig's

List, or other non-commercial sites).

Also, GSA now requires the employing

agency to obtain an appraisal of a gift or

decoration that the agency has retained

for official use and no longer needs

before accepting the agency's report of

the item as excess personal property.

Additionally, appraisals are required for

gifts that are personalized (e.g., Books

signed by the author, or gifts personally

labeled).

This final rule also updates the

address in section 102-42.95.

B. Executive Order 12866

This final rule is excepted from the

definition of "regulation" or "rule"

under Section 3(d)(3) of Executive Order

12866, Regulatory Planning and Review,

dated September 30, 1993 and,

therefore, was not subject to review

under Section 6(b) of that executive

order.

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C. Regulatory Flexibility Act

This final rule is not required to be

published in the Federal Register for

comment. Therefore, the Regulatory

Flexibility Act does not apply.

D. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the changes to the

FMR do not impose information

collection requirements 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 exempt from

Congressional review under 5 U.S.C.

801 since it relates solely to agency

management and personnel.

List of Subjects in 41 CFR Part 102-42

Government property management.

Dated: December 19, 2008.

James A. Williams,

Acting Administrator of General Services.

* For the reasons set forth in the

preamble, GSA amends 41 CFR part

102-42 as set forth below:

PART 102-42-UTILIZATION,

DONATION, AND DISPOSAL OF

FOREIGN GIFTS AND DONATIONS

m 1. The authority citation for 41 CFR

part 102-42 continues to read as

follows:

Authority: 40 U.S.C. 121(c); 5 U.S.C. 7342.

§§ 102-42.40, 102-42.45, 102-42.50, and

102-42.55 [Removed]

* 2. Remove §§ 102-42.40,102-42.45,

102-42.50, and 102-42.55.

* 3. Add new §§ 102-42.40, 102-42.45,

102-42.50, and 102-42.55 under the

undesignated heading "Appraisals" to

read as follows:

§ 102-42.40 When is an appraisal

necessary?

An appraisal is necessary when-

(a) An employee indicates an interest

in purchasing a gift or decoration. In

this situation, the appraisal must be

obtained before the gift or decoration is

reported to GSA for screening (see 102-

42.20); or

(b) GSA requires the employing

agency to obtain an appraisal of a gift or

decoration that the agency has retained

for official use and no longer needs

before accepting the agency's report of

the item as excess personal property; or

(c) The policy of one's own agency

requires it, pursuant to 5 U.S.C. 7342(g).

Note to § 102-42.40 paragraphs (a) and (b):

Refer to § 102-42.50 for how appraisals

under these two situations are handled.

§ 102-42.45 What is my agency's

responsibility for establishing procedures

for obtaining an appraisal?

The employing agency is responsible

for establishing its own procedure for

obtaining an appraisal that represents

the value of the gift in the United States.

This applies to all gifts, even when the

recipient wishes to retain and/or

purchase the gift. Appraisals are

required for gifts that are personalized

(e.g., Books signed by the author, Gifts

personally labeled).

§ 102-42.50 What types of appraisals may

my agency consider?

Your agency may allow-

(a) Written commercial appraisals

conducted by an appraisal firm or trade

organization; and

(b) Retail value appraisals where the

value of the gift may be ascertained by

reviewing current and reliable nondiscounted retail catalogs, retail price

lists, or retail Web site valuations.

§ 102-42.55 What does the employing

agency do with the appraisal?

When an appraisal is necessary under

§ 102-42.40, the employing agency must

include the appraisal with the Standard

Form (SF) 120, Report of Excess

Personal Property, and send it to GSA

in accordance with the requirements of

§ 102-42.95. By attaching the appraisal,

the employing agency is certifying that

the value cited is the retail value/

appraised value of the item in the

United States in U.S. dollars on the date

set forth on the appraisal.

§ 102-42.95 [Amended]

* 4. Amend § 102-42.95 in the first

paragraph by removing the words

"Property Management Division (FBP)"

and adding the words "Utilization and

Donation Program Division (QSCA)" in

its place.

[FR Doc. E9-562 Filed 1-14-09; 8:45 am]

BILLING CODE 6820-14-P

GENERAL SERVICES

ADMINISTRATION

41 CFR Part 301 -10

[FTR Amendment 2009-02; FTR Case 2009-

302; Docket 2009-0001; Sequence 02]

RIN 3090-AI43

Federal Travel Regulation (FTR); Fly

America Act; United States and

European Union "Open Skies" Air

Transport Agreement (US-EU Open

Skies Agreement)

AGENCY: Office of Governmentwide

Policy, General Services Administration

(GSA).

ACTION: Final rule.

SUMMARY: GSA is amending the Federal

Travel Regulation (FTR) provisions

pertaining to the use of United States

Flag air carriers under the provisions of

the "Fly America Act." This final rule

incorporates language that informs

readers where to find additional

information regarding bilateral or

multilateral air transportation

agreements to which the United States

Government and the government of a

foreign country are parties, and which

the Department of Transportation has

determined meets the requirements of

the Fly America Act. As these

agreements qualify as exceptions to the

use of U.S. flag air service pursuant to

FTR section 41 CFR 301-10.135(b), this

final rule advises of an Internet based

source of information regarding the use

of foreign air carriers under the terms of

these bilateral or multilateral

agreements.

DATES: This final rule is effective on

January 15, 2009.

FOR FURTHER INFORMATION CONTACT: The

Regulatory Secretariat (VPR), Room

4041, GS Building, Washington, DC

20405, (202) 208-7312, for information

pertaining to status or publication

schedules. For clarification of content,

contact Mr. Rodney R. Miller, Office of

Travel, Transportation and Asset

Management (MT), General Services

Administration at (202) 501-3822 or email at Rodney.miller@gsa.gov. Please

cite FTR Amendment 2009-02; FTR

case 2009-302.

SUPPLEMENTARY INFORMATION:

A. Background

Passengers are required by 49 U.S.C.

40118, commonly referred to as the "Fly

America Act," to use United States flag

air carrier service for all air travel

funded by the United States

Government. One exception to this

requirement is transportation provided

under a bilateral or multilateral air

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Federal Register/Vol. 74, No. 10 / Thursday, January 15, 2009/Rules and Regulations

transportation agreement to which the

United States Government and the

government of a foreign country are

parties, and which the Department of

Transportation has determined meets

the requirements of the Fly America

Act.

The United States Government has

entered into several air transportation

agreements which allow federallyfunded passengers to use foreign air

carriers under certain circumstances.

For example, on April 30, 2007, the

United States-European Union "Open

Skies" Air Transport Agreement (US-EU

Open Skies Agreement) was signed,

providing EU member airlines the right

to transport passengers and cargo on

scheduled and charter flights funded by

the United States Government under

certain conditions. On March 4, 2008,

GSA published a proposed rule in the

Federal Register (73 FR 11576) with a

request for comments concerning a

proposal that would incorporate the USEU Open Skies Agreement language

pertaining to United States Government

funded travelers into the FTR. Only one

comment was received from the

Association of Private Voluntary

Organization Financial Managers

(APVOFM). APVOFM strongly

supported the proposed rule.

However, since the issuance of the

proposed rule, the United States has

also signed air transport agreements

with Australia and Switzerland that

include text relating to United States

Government procured transportation.

The provisions in both the Australia and

Switzerland agreements became

effective on October 1, 2008.

Accordingly, rather than amend the

FTR to include language from these

agreements, and thereafter amending the

FTR each time future agreements are

signed, GSA is issuing this final rule to

provide for an Internet based source

(http://www.gsa.gov/openskies) of

information relating to air transportation

agreements that impact United States

Government funded transportation. This

approach will allow GSA to quickly

provide and update relevant

information to Federal agencies as new

agreements are signed or current

agreements are amended without

invoking the regulatory process. In the

future, if GSA determines that further

guidance is necessary, GSA will issue

FTR Bulletins as appropriate.

B. Executive Order 12866

This final rule 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 final 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

(OMB) 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 to agency

management and personnel.

List of Subjects in 41 CFR Part 301-10

Government employees, Travel and

transportation expenses.

Dated: December 12, 2008.

James A. Williams,

Acting Administrator of General Services.

* For the reasons set forth in the

preamble, GSA amends 41 CFR part

301-10 as follows:

PART 301-10-TRANSPORTATION

ALLOWABLE

m 1. The authority citation for 41 CFR

part 301-10 continues to read as

follows:

Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c);

49 U.S.C. 40118; Office of Management and

Budget Circular No. A-126, "Improving the

Management and Use of Government

Aircraft" Revised April 28, 2006.

* 2. Amend § 301-10.135 by revising

paragraph (b) to read as follows:

§301-10.135 When must I travel using

U.S. Flag air carrier service?

(b) The transportation is provided

under a bilateral or multilateral air

transportation agreement to which the

United States Government and the

government of a foreign country are

parties, and which the Department of

Transportation has determined meets

the requirements of the Fly America

Act.

(1) Information on bilateral or

multilateral air transportation

agreements impacting United States

Government procured transportation

can be accessed at http://www.gsa.govl

openskies; and

(2) If determined appropriate, GSA

may periodically issue FTR Bulletins

providing further guidance on bilateral

or multilateral air transportation

agreements impacting United States

Government procured transportation.

These bulletins may be accessed at

http://www.gsa.gov/bulletins.

[FR Doc. E9-560 Filed 1-14-09; 8:45 am]

BILLING CODE 6820-14-P

GENERAL SERVICES

ADMINISTRATION

41 CFR Part 301 -10

[FTR Amendment 2009-01; FTR Case 2009-

301; Docket 2009-0001]

RIN 3090-AI84

Federal Travel Regulation; Privately

Owned Vehicle Mileage

Reimbursement

AGENCY: Office of Governmentwide

Policy, General Services Administration

(GSA).

ACTION: Final rule.

SUMMARY: GSA is amending the Federal

Travel Regulation (FTR) to decrease the

mileage reimbursement rates for

privately owned automobiles (POA),

motorcycles, and airplanes when used

for official travel. The new rates reflect

the current vehicle operating costs as

determined by investigations conducted

by GSA. The governing regulation sets

the mileage reimbursement allowance

for a POA at $0.55, motorcycles at $0.52,

and airplanes at $1.24, when used for

official purposes.

DATES: Effective Date: This final rule is

effective January 15, 2009.

Applicability Date: This final rule is

applicable for official travel performed

on and after January 1, 2009.

FOR FURTHER INFORMATION CONTACT: The

Regulatory Secretariat (VPR), Room

4041, GSA Building, Washington, DC

20405, (202) 501-4755, for information

pertaining to status or publication

schedules. For clarification of content,

contact Ms. Marcerto Barr, Program

Analyst, Office of Governmentwide

Policy, Travel Management Policy, at

(202) 208-7654. Please cite FTR

Amendment 2009-01; FTR case 2009-

301.

SUPPLEMENTARY INFORMATION:

A. Background

Pursuant to 5 U.S.C. 5707(b), the

Administrator of General Services has

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