Federal Travel Regulation (FTR); Fly America Act; United States and European Union “Open Skies” Air Transport Agreement (US-EU Open Skies Agreement), 2396-2397 [E9-560]

Download as PDF 2396 Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations Note to § 102–42.40 paragraphs (a) and (b): Refer to § 102–42.50 for how appraisals under these two situations are handled. 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. 41 CFR Part 301–10 § 102–42.45 What is my agency’s responsibility for establishing procedures for obtaining an appraisal? 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. 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: ■ 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: ■ mstockstill on PROD1PC66 with RULES § 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). Jkt 217001 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? PART 102–42—UTILIZATION, DONATION, AND DISPOSAL OF FOREIGN GIFTS AND DONATIONS 16:54 Jan 14, 2009 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? List of Subjects in 41 CFR Part 102–42 VerDate Nov<24>2008 GENERAL SERVICES ADMINISTRATION 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 PO 00000 [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 Frm 00104 Fmt 4700 Sfmt 4700 E:\FR\FM\15JAR1.SGM 15JAR1 Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations mstockstill on PROD1PC66 with RULES 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 VerDate Nov<24>2008 16:54 Jan 14, 2009 Jkt 217001 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. 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 PO 00000 Frm 00105 Fmt 4700 Sfmt 4700 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] E. Small Business Regulatory Enforcement Fairness Act * 2397 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 E:\FR\FM\15JAR1.SGM 15JAR1

Agencies

[Federal Register Volume 74, Number 10 (Thursday, January 15, 2009)]
[Rules and Regulations]
[Pages 2396-2397]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-560]


-----------------------------------------------------------------------

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 e-mail 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

[[Page 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 federally-funded 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 US-EU 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.

0
For the reasons set forth in the preamble, GSA amends 41 CFR part 301-
10 as follows:

PART 301-10--TRANSPORTATION ALLOWABLE

0
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.


0
2. Amend Sec.  301-10.135 by revising paragraph (b) to read as follows:


Sec.  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