Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations 2395 

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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2396 Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations 

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 

■ 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 

mstockstill on PROD1PC66 with RULES