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 

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Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations 2397 

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 

■ 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.gov/ 

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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