[Federal Register: January 15, 2009 (Volume 74, Number 10)]
[Rules and Regulations]
[Page 2395-2396]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ja09-20]
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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
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.
[[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.
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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]
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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