[Federal Register Volume 74, Number 10 (Thursday, January 15, 2009)]
[Rules and Regulations]
[Pages 2395-2396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-562]


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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.

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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 
[email protected] 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.

[[Page 2396]]

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.

0
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

0
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.


Sec. Sec.  102-42.40, 102-42.45, 102-42.50, and 102-42.55   [Removed]

0
2. Remove Sec. Sec.  102-42.40, 102-42.45, 102-42.50, and 102-42.55.


0
3. Add new Sec. Sec.  102-42.40, 102-42.45, 102-42.50, and 102-42.55 
under the undesignated heading ``Appraisals'' to read as follows:


Sec.  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 Sec.  102-42.40 paragraphs (a) and (b): Refer to Sec.  
102-42.50 for how appraisals under these two situations are handled.

Sec.  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).


Sec.  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 non-discounted retail 
catalogs, retail price lists, or retail Web site valuations.


Sec.  102-42.55  What does the employing agency do with the appraisal?

    When an appraisal is necessary under Sec.  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 Sec.  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.


Sec.  102-42.95  [Amended]

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4. Amend Sec.  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