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EPA's maintenance plan guidance document dated May 20, 2005. The EPA therefore approved the 1997 8-hour

ozone NAAQS maintenance plan forthe

area ofEl Paso County on January 15, 2009.
[FRDoc. 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, 1650Arch 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 istaking a final action finding that 37 states, the District of Columbia, andthe U.S. Virgin Islands have failed to submit forEPA 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 ofelements, including importantly: For each mandatory Class I federal area in a state, reasonable
progress goals providing for an improvement in visibility forthe most impaired days and ensuring no degradation invisibility 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 ofContents
I.Background

A. Statutory and RegulatoryRequirements B. Consequences ofFindings ofFailure To

Submit II. ThisAction III. Statutory andExecutive 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 ReformAct G. Executive Order 13132: Federalism H. Executive Order 13175: Consultation

and Coordination With Indian Tribal Governments I.Executive Order 13045: Protection of Children FromEnvironmental 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 ofany future, and the remedying ofany existing, impairment ofvisibility in mandatory class I Federal

areas (Class Iareas) 1which impairment results from manmade air pollution. EPA's visibilityregulations, codified at 40 CFR 51.300-51.309, require states to develop regionalhaze 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 ormore Class I areas, the

1Areas designated asmandatory Class IFederal

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 inexistence on August 7,1977. Visibility has beenidentified as an importantvalue in 156 ofthese areas. See40 CFR part 81, subpart D. (BART) determinations for certain older existing stationary sources. Bythis action, the EPA is making a finding of failure to submit for those states that have not submitted a SIP orhave submitted a SIP that addresses onlypart ofthe requirements.
DATES: Effective Date:This action is effective onJanuary 15, 2009.
FOR FURTHER INFORMATION CONTACT: General questions concerning this notice should be addressed toMr. Todd Hawes, Office ofAir 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 ofreasonable progress goals for each ClassI area; (2)calculations of baseline andnatural visibility conditions for each Class Iarea located in a state; (3)the development oflong term strategies addressing visibility impairment; (4) a monitoring strategy that isrepresentative of all ClassI areas within a state andreporting 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 ofthe Grand Canyon Visibility Transport Commission. Such SIPs arerequired 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 ofstates have not yet submitted final SIPs toEPA to satisfy these requirements ofthe CAA. The EPA isby this action making a finding offailure to submit for those
states.
A. StatutoryandRegulatory Requirements

Sections 169A and 169B ofthe CAA set forth the goals ofthe regional haze program and mandate that states develop SIPs to ensurethat reasonable progress is made towards meeting those goals, including the requirements for BART. The regionalhaze rule issued in 1999 specifies the requirements and deadlines for state and local SIPs designed to meet the visibility protection provisions ofthe 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. ConsequencesofFindingsofFailure To Submit

Under the CAA section 110(c), EPA is required topromulgate a Federal Implementation Plan (FIP)within two years ofthe effective date ofa finding that a state has failed to submit a SIP. The FIPrequirement isvoid ifa state submits a regional haze SIP, andEPA approves that SIP within the two year period. II. This Action
In this action, EPA is finding that 37 states, the District ofColumbia, and the U.S. Virgin Islands have failed to make all or part ofthe required SIP submissions to address regional haze. This finding starts the two year clock for the promulgation byEPA of a FIP. EPA is notrequired topromulgate a FIP ifthe
state makes the required SIP submittal and EPA takes final actionto approve the submittal within two years ofEPA's finding.

At approximately the same time as the signing ofthis 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 willbe effective on January 15, 2009. The states listed inthe tables below failed to submit all or part ofthe required SIP elements per section 169A ofthe CAA and associated implementing regulations at 40 CFR 51.308 and 40 CFR 51.309.

Arizona, NewMexico, and Wyoming have opted to develop SIPs based onthe recommendations ofthe Grand Canyon Visibility Transport Commission under 40 CFR 51.309. All three States have failed to submitthe plan elements required by 40 CFR 51.309(g), the reasonable progress requirements for

areas other thanthe 16 ClassI areas covered by the Grand Canyon Visibility Transport Commission Report. Arizona and NewMexico have also failedto 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 failedto 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 aplan meeting the BART requirements of40 CFR 51.308(e). Specifically, for the following six

sources located in the state, Michigan has failedto 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 TildenMining Company and the Empire Iron Mining, both in Marquette, Michigan.
StatesandTerritoriesFailingTo Submit SIPsAddressing Any oftheRequired RegionalHazeSIPElementsof40 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, NewJersey, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Texas, Vermont, U.S.Virgin Islands, Virginia, Washington, and Wisconsin.

StatesFailingTo SubmitSIPs AddressingPartoftheRequired RegionalHazeSIPElements

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. StatutoryandExecutive Order Reviews

A. Notice andComment Underthe AdministrativeProcedure Act
This is a final EPA action, but is not subject to notice-and-comment requirements of the Administrative Procedure Act (APA), 5U.S.C. 553(b). EPA believes thatbecause ofthe 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 orrequired elements of SIP submissions pursuant to the CAA. Furthermore, providing notice and comment would be impracticable 

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because ofthe limited time provided under the statute for making such determinations. Finally, notice and comment would be contrary to the public interest because itwould divert agency resources from the critical substantive review of SIPs thathave already been submitted. See 58 FR 51270, 51272, n.17 (Oct. 1, 1993); 59 FR 39832, 39853 (Aug. 4, 1994).

B. EffectiveDate Underthe AdministrativeProcedure Act
This action will be effective on January 15, 2009. Under the APA, 5 U.S.C. 553(d)(3), agency rulemaking may take effectbefore 30 days afterthe date ofpublication inthe Federal Register ifthe agencyhas 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 thatEPA was considering taking this action. In addition, this action simply starts a "clock" for EPAto promulgate a SIP within two years. There areno mandatory sanctions enacted against the states bythis action, although the Agency may employ discretionary sanctions, and the clock may be "turned off" through the submission ofcomplete SIPs bythe states followed by approval ofthe SIPs by EPA. These reasons support an effective date prior to 30 days after the date ofpublication.
C.Executive Order12866:Regulatory PlanningandReview

This action is not a "significant regulatory action" under the terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) andis therefore not subject to review under the EO. However, the EPA submitted this action
to the Office ofManagement andBudget (OMB) for review onDecember 11, 2008, and any changes made in response to OMB's recommendations have been documented in the docket for this action. The OMB released iton January 6, 2009.
D.Paperwork ReductionAct
This action does not impose an information collection burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 etseq.Burden is defined at 5CFR 1320(b). This rule relates to the requirement inthe CAA for states to submit SIPs under section Part D of titleI ofthe CAA.

E.RegulatoryFlexibilityAct (RFA)

This final rule is not subject to the Regulatory Flexibility Act (RFA), which generally requires an agency toprepare a regulatory flexibility analysis forany rule thatwill have a significant economic impact on a substantial number ofsmall entities. The RFA applies only torules 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, althoughthe rule is subject to the APA, the Agency has invoked the "good cause" exemption under 5U.S.C. 553(b), and therefore it is not subject to the notice and comment requirement.

F. UnfundedMandatesReformAct

This action contains noFederal mandates under the provisions ofTitle II ofthe Unfunded Mandates Reform Act of 1998 (UMRA), 2U.S.C. 1531- 1538 for state, local, ortribal governments orthe 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 ofsections 202 and 205 ofthe UMRA.

This action is also not subject to the requirements of section 203 ofUMRA 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 Order13132:Federalism

Executive Order 13132, entitled "Federalism" (64 FR 43255, August 10, 1999), requires EPA to develop an accountable process to ensure "meaningful andtimely inputby state and local officials in the development of regulatory policiesthat have federalism implications." "Policies thathave federalism implications" is defined in the Executive Order to include regulations that have "substantial direct effects on the states, orthe relationship between the national government and the states, or onthe distribution of power and responsibilities amongthe various levels ofgovernment."

This action does not have federalism implications. It willnot have substantial direct effects onthe states, on the relationship between the national government and the states, or on the distribution ofpower and responsibilities among the various levels ofgovernment, 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 abackstop where states fail to take the required actions. This rule will
not modify the relationship ofthe states and EPA for purposes ofdeveloping programs to implement the regional haze program. Thus, Executive Order 13132 does not apply to this rule.

H. Executive Order13175:Consultation andCoordinationWith Indian Tribal Governments

This action does not have tribal implications, as specified in Executive Order 13175 (65FR 67249, November 9, 2000). This rule responds to the requirement in the CAA for states to submit SIPsto satisfy the requirements ofthe 1999 Regional Haze Regulations; Final Rule. The CAA requires each state to develop a SIP describing howthe
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 submitRegional 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 Order13045:Protectionof ChildrenFromEnvironmentalHealth andSafetyRisks

EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying only to those regulatory actions that concern health or safety risks, suchthat 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 Order13211:Actions That Significantly Affect EnergySupply, Distribution,or Use

This action is not subject to Executive Order 13211 (66FR 28355 (May 22, 2001)), because it isnot a significant regulatory action underExecutive Order 12866.
K.NationalTechnologyTransfer AdvancementAct

Section 12(d) ofthe National Technology Transfer Advancement Act of 1995 (NTTAA), Public Law No. 104- 113, section 12(d) (15 U.S.C. 272 note) directs EPA touse voluntary consensus standards (VCS) in itsregulatory 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 adoptedby 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 Order12898:Federal Actions To AddressEnvironmental JusticeinMinorityPopulations and Low-Income Populations

Executive Order (EO) 12898 (59FR 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 oftheir mission by identifying and addressing,

as appropriate, disproportionately high and adverse human health or environmental effects oftheir programs, policies, and activities on minority populations and low-income populations in the United States.

EPA has determined thatthis final rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because itdoes not directly affect the level ofprotection provided to human health orthe environment. This notice finds that certain states havenot 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 submitthe required SIPs or ifthey submit SIPs thatEPA cannot approve, then EPA willbe required to develop the plans in lieu of the states.

M. Congressional ReviewAct
The Congressional Review Act, 5 U.S.C. 801 etseq., as added bythe Small Business Regulatory Enforcement Fairness Act of 1996, generally provides thatbefore arule maytake effect, the agency promulgating the rulemust submit a rule report, which includes a copy ofthe rule, to each House ofthe Congress andto the Comptroller General ofthe United States. EPA will submit a rule report, a copy ofthis rule and other required information to the U.S. Senate, the U.S. House ofRepresentatives, and the Comptroller General ofthe United States prior to publication ofthe rule in the Federal Register. AMajor rule
cannot take effect until 60 days afterit is published inthe Federal Register. This action isnot a "major rule" as defined by 5U.S.C. 804(2). Thisrule will be effective January 15, 2009.
N. Judicial Review
Under section 307(b)(1) ofthe CAA, petitions forjudicial review ofthis action must be filed in the United States Court ofAppeals forthe District of Columbia Circuitwithin 60 days from the date this final action is published in the FederalRegister. Filing a petition for reconsideration bythe Administrator of this final rule does not affectthe finality ofthis rule for the purposes of judicial review nor does it extend the time within which apetition forjudicial review mustbe filed, and shall not postpone the effectiveness ofsuch rule

or action.

Thus, any petitions forreview ofthis action making findings offailure to submit regional haze SIPs identified in section II above, mustbe filed in the Court ofAppeals forthe District of Columbia Circuitwithin 60 days from the date final action is publishedin the Federal Register.
List of Subjects in 40 CFRPart52

Environmental protection, Administrative practice and procedure, Air pollution control, Intergovernmental relations, Reporting and recordkeeping requirements.

Dated: January 9,2009. Robert J.Meyers, Principal DeputyAssistant Administrator. [FRDoc. 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 Giftsand Decorations
AGENCY: Office ofGovernmentwide Policy, General Services Administration (GSA). ACTION: Final rule.

SUMMARY: The General Services Administration is amending the Federal Management Regulation (FMR) torevise its policy on appraisals offoreign 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 atrobert.holcombe@gsa.gov for clarification ofcontent. 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 5U.S.C. 7342 by placing the responsibility and guidelines for obtaining appraisals for foreign gifts and decorations onto the agencies (asrequired by 5U.S.C. 7342(g)(2)(b)). Removing the policies from this part that specify the format and content ofan appraisal will give agencies greater flexibility in obtaining appraisals. The flexibility is not intended to preclude the reporting of gifts, nor does iteliminate 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 ofreliable 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 ofany auction or discount sale offerings that appear onthe 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 arerequired for gifts that are personalized (e.g., Books signed by the author, orgifts personally labeled).

This final rule alsoupdates the address in section 102-42.95.
B. Executive Order12866

This final rule is excepted from the definition of"regulation" or "rule" under Section 3(d)(3) ofExecutive Order 12866, Regulatory Planning and Review, dated September 30, 1993 and, therefore, was not subject toreview under Section 6(b) ofthat 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 donot impose information collection requirements that require the approval of the Office ofManagement and Budget under 44 U.S.C. 3501, et seq. E. Small Business Regulatory Enforcement FairnessAct

This final rule is exempt from Congressional review under 5 U.S.C. 801 since itrelates solelyto agency management and personnel.
List ofSubjects in41 CFRPart 102-42

Government property management. Dated: December 19, 2008. James A. Williams, ActingAdministrator ofGeneralServices.
* Forthe reasons setforth inthe preamble, GSA amends 41 CFR part 102-42 as set forth below:

PART 102-42-UTILIZATION, DONATION, AND DISPOSAL OF FOREIGN GIFTS AND DONATIONS

m1.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 underthe 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 mustbe 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 forhow appraisals under these two situations are handled.

§102-42.45 What is my agency's responsibilityforestablishing procedures forobtaining an appraisal?

The employing agency is responsible for establishing its own procedure for obtaining an appraisal that represents the value ofthe gift inthe United States. This applies to all gifts, even when the recipient wishes toretain and/or purchase the gift. Appraisals are required for gifts that are personalized (e.g., Books signed bythe author, Gifts personally labeled). §102-42.50 Whattypes ofappraisals may
my agency consider?

Your agency may allow- (a)Written commercial appraisals conducted by an appraisal firm ortrade 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 doesthe employing agency do withthe appraisal?

When an appraisal isnecessary under § 102-42.40, the employing agency must include the appraisal with the Standard Form (SF) 120, Report ofExcess Personal Property, and send itto 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 ofthe item in the United States in U.S. dollars on the date
set forth onthe appraisal.
§102-42.95 [Amended]

* 4. Amend §102-42.95 in the first paragraph byremoving 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 ofUnited 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 airtransportation agreements to which the United States Government andthe government ofa foreign country are parties, and which the Department ofTransportation has determined meets the requirements of the Fly America Act. As these agreements qualify as exceptions to the

use ofU.S. flag air service pursuant to FTR section 41 CFR 301-10.135(b), this final rule advises ofan Internet based

source ofinformation regarding the use offoreign 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 andAsset 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," touse United States flag air carrier service for all airtravel funded by the United States Government. One exception to this requirement is transportation provided under a bilateral ormultilateral air 

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transportation agreement to which the United States Government andthe government ofa foreign country are parties, and which the Department of Transportation has determined meets the requirements ofthe FlyAmerica Act.

The United States Government has entered into several airtransportation agreements which allow federallyfunded passengers to use foreign air carriers under certain circumstances. For example, onApril 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 ofthe proposed rule, the United States has also signed airtransport agreements with Australia and Switzerland that include text relating to United States Government procured transportation. The provisions inboth the Australia and Switzerland agreements became effective on October 1, 2008.

Accordingly, rather than amend the FTR to include language fromthese agreements, andthereafter 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 airtransportation 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, ifGSA determines that further guidance is necessary, GSA will issue FTR Bulletins as appropriate.

B. Executive Order12866

This final rule is not a significant regulatory action and, therefore, was not subject toreview under Section 6(b) of Executive Order 12866, Regulatory Planning andReview, dated September 30, 1993. This final rule is not a major rule under 5U.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,
etseq., 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 ofinformation from offerors, contractors, or members ofthe public that require the approval ofthe Office ofManagement and Budget (OMB) under 44 U.S.C. 3501, etseq. E. Small Business Regulatory Enforcement Fairness Act

This final rule is also exempt from congressional review prescribed under 5 U.S.C. 801 since itrelates to agency management and personnel.
List ofSubjects in 41 CFRPart301-10

Government employees, Travel and transportation expenses.

Dated: December 12, 2008. James A.Williams, ActingAdministrator ofGeneralServices. * Forthe reasons set forth inthe 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 toread as follows:

Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); 49 U.S.C. 40118; Office ofManagement and Budget Circular No. A-126, "Improving the Management and Use ofGovernment Aircraft" Revised April 28, 2006.

* 2.Amend §301-10.135 byrevising paragraph (b)to read as follows:
§301-10.135 When must Itravel 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 andthe government ofa foreign country are parties, and which the Department of Transportation has determined meets the requirements ofthe Fly America Act. (1)Information on bilateral or multilateral air transportation agreements impacting United States Government procured transportation can be accessed athttp://www.gsa.govl openskies;and

(2)Ifdetermined 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.

ApplicabilityDate: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 ofGovernmentwide 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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