[Federal Register Volume 71, Number 92 (Friday, May 12, 2006)]
[Rules and Regulations]
[Pages 27636-27640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4430]
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GENERAL SERVICES ADMINISTRATION
41 CFR Part 102-34
[FMR Amendment 2006-03; FMR Case 2006-102-1]
RIN 3090-AH68
Federal Management Regulation; Motor Vehicle Management
AGENCY: Office of Governmentwide Policy, General Services
Administration (GSA).
ACTION: Interim rule with request for comments.
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SUMMARY: The General Services Administration (GSA) is amending the
Federal Management Regulation (FMR) by updating requirements and
information on motor vehicle management. This interim rule makes
changes to vehicle identification requirements. Specifically, it allows
agencies to have limited identification exemptions for motor vehicles
that are regularly used for common administrative purposes. Some
agencies have expressed a need to exempt even their administrative
vehicles from displaying Government identification for situations with
specifically identified security risks. Agencies will still need to
have a certification of need signed by the agency head or designee
before authorizing limited identification exceptions.
This interim rule provides information for obtaining U.S.
Government license plates from UNICOR, Federal Prison Industries Inc.,
the current license plate supplier. This interim rule further updates
Federal motor vehicle management regulations by replacing the
requirement for agencies to provide certain motor vehicle information
to GSA on the Standard Form 82 with the requirement to use the Federal
Automotive Statistical Tool (FAST), an Internet-based reporting tool.
This interim rule also requires agencies to have an agency-wide
fleet
[[Page 27637]]
management information system that will link all fleet data throughout
the agency and interface with the Federal Automotive Statistical Tool
(FAST). This new FMR requirement implements 40 U.S.C. 17503 that gives
the Administrator with others, the authority to prescribe data
collection requirements for data on the costs and uses of motor
vehicles by executive agencies. Furthermore, the requirement for an
agency-wide management information system was a keystone report
recommendation for improving agency fleet management made by the
Federal Fleet Policy Council's interagency team of fleet professionals
following their review of agencies' fleet management programs in 2002.
The FMR and any corresponding documents may be accessed at GSA's Web
site at http://www.gsa.gov/fmr.
DATES: Effective Date: This interim rule is effective May 25, 2006.
Comment Date: Comments must be received on or before June 12, 2006.
ADDRESSES: Submit comments identified by FMR case 2006-102-1 by any of
the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Agency Web Site: http://www.gsa.gov/fmr. Click on FMR
Interim Rules, and the FMR case number to submit comments.
E-mail: [email protected]. Include FMR case 2006-
102-1 in the subject line of the message.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (VIR), 1800 F Street, NW., Room 4035, ATTN: Laurieann
Duarte, Washington, DC 20405.
Instructions: Please submit comments only and cite FMR case 2006-
102-1 in all correspondence related to this case. All comments received
will be posted without change to http://www.gsa.gov/fmr, including any
personal information provided. Click on FMR Public Comments.
FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat, Room 4035,
GSA Building, Washington, DC, 20405, (202) 208-7312, for information
pertaining to status or publication schedules. For clarification of
content, contact James Vogelsinger, Office of Governmentwide Policy,
Office of Travel, Transportation, and Asset Management (MT), at (202)
501-1764 or e-mail at [email protected]. Please cite FMR case
2006-102-1.
SUPPLEMENTARY INFORMATION:
A. Background
Part 102-34 of the Federal Management Regulation (FMR) (41 CFR part
102-34) is being amended to update the regulation in the following
areas: The Fleet Average Economy Standards for FY 2000 and beyond; the
preferred location for displaying motor vehicle identification; the
source for obtaining official U.S. Government license plates; and the
process for receiving exemptions from the requirement to display U.S.
Government license plates and other motor vehicle identification.
Also, Federal agencies located in the District of Columbia (DC)
should now use Federal license plates provided by UNICOR for all their
vehicles, even those vehicles operating in DC. The requirement for
Government vehicles operating in DC to obtain U.S. Government license
plates from the DC Department of Motor Vehicles is removed by this
interim rule. This change standardizes the license plate ordering
process and allows Federal agencies in DC to use the same type of
license plates as Federal agencies use in the rest of the country. The
list of approved U.S. Government license plate codes has been removed
from section 102-34.160 and placed in GSA Bulletin FMR B-11. Also, the
list of agencies having unlimited exemptions from displaying U.S.
Government license plate and motor vehicle identification has been
removed from section 102-34.195 and placed in GSA Bulletin FMR B-12.
(FMR bulletins are located at www.gsa.gov/bulletin.)
Subpart I of 41 CFR part 102-34 is being revised to require
agencies to have a vehicle management information system (VMIS) in
accordance with 40 U.S.C. 17503. In April 2002, the Office of
Management and Budget (OMB) requested all Executive Branch agencies to
take a closer look at their fleet management operations, particularly
the size of their fleets and costs of operations. Many agencies were
unable to accurately evaluate their fleet operations because of a lack
of data on vehicle inventory and operational costs. Agencies also
lacked internal performance metrics to ensure their fleets were being
replaced in a timely manner and operating at their optimal performance
level. An interagency review team from the Federal Fleet Policy Council
(FEDFLEET) recommended that agencies be required to have a VMIS. There
are two main reasons for this requirement. First, with a VMIS agencies
can more efficiently and accurately collect agency information on their
actual motor vehicle fleet: vehicle cost, fuel costs, projected vehicle
inventories and vehicle disposals; and then use that information to
better manage their fleets. Secondly, agencies can more easily provide
that information to the Internet-based reporting system called FAST
(Federal Automotive Statistical Tool) in lieu of the paper SF 82. The
data reported to FAST will be used by GSA, the Department of Energy,
and the Office of Management and Budget to monitor Federal fleets and
identify those agency motor vehicle management programs that are
effective as well as identify those programs that need to improve.
In addition, some sections of this regulation were rewritten for
clarity. Editorial changes were made to the entire regulation to remove
outdated information in tables and to make the regulation consistent
with current practices. For example, in subpart F ``crash'' replaces
``accident'' when referring to motor vehicle collisions to be
consistent with the National Highway and Safety Administration, the
lead Federal agency for the assurance of safe, secure, and efficient
automotive travel.
B. Executive Order 12866
The General Services Administration (GSA) has determined that this
interim rule is not a significant regulatory action for the purposes of
Executive Order 12866 of September 30, 1993.
C. Regulatory Flexibility Act
A Regulatory Flexibility Analysis is not required under the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because there is no
requirement that this interim rule be published in the Federal Register
for notice and comment.
D. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because this interim
rule does not contain any information collection requirements that
require the approval of the OMB under 44 U.S.C. 3501, et seq.
E. Small Business Regulatory Enforcement Fairness Act
This interim rule is also exempt from Congressional review
prescribed under 5 U.S.C. 801 since it relates solely to agency
management and personnel.
List of Subjects in 41 CFR Part 102-34
Energy conservation, Government property management, Motor
vehicles, Reporting and recordkeeping requirements.
[[Page 27638]]
Dated: February 1, 2006.
David L. Bibb,
Acting Administrator of General Services.
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For the reasons set forth in the preamble, 41 CFR part 102-34 is
amended as follows:
PART 102-34--MOTOR VEHICLE MANAGEMENT
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1. The authority citation for part 102-34 is amended to read as
follows:
Authority: 40 U.S.C. 121(c); 40 U.S.C. 17503.
0
2. Revise Sec. 102-34.55 to read as follows:
Sec. 102-34.55 What are the minimum fleet average fuel economy
standards?
The minimum fleet average fuel economy standards appear in the
following table:
Fleet Average Fuel Economy Standards \1\
------------------------------------------------------------------------
Passenger automobile
Fiscal year \2\ Light truck \3,4\
------------------------------------------------------------------------
2005................... 27.5 21.0
2006................... 27.5 21.6
2007................... 27.5 22.2
------------------------------------------------------------------------
\1\ These figures represent miles/gallon.
\2\ Established by section 49 U.S.C. 32902 and the Secretary of
Transportation.
\3\ Fleet average fuel economy standard set by the Secretary of
Transportation and mandated by Executive Order 12375 beginning in
fiscal year 1982.
\4\ Fleet average fuel economy for light trucks is the combined fleet
average fuel economy for all 4 x 2 and 4 x 4 light trucks.
0
3. Revise Sec. 102-34.110 to read as follows:
Sec. 102-34.110 What motor vehicle identification must we put on
motor vehicles we purchase or lease?
Unless exempted under sections Sec. 102-34.180, Sec. 102-34.195
or Sec. 102-34.200, motor vehicles must display the following
identification:
(a) ``For Official Use Only'',
(b) ``U.S. Government'', and
(c) Identification that readily identifies the agency owning the
vehicle.
0
4. Amend Sec. 102-34.120 by revising paragraph (a), removing paragraph
(b) and redesignating paragraph (c) as new paragraph (b), and adding a
note at the end of the section to read as follows:
Sec. 102-34.120 Where is motor vehicle identification placed on
purchased and leased motor vehicles?
(a) For most motor vehicles, the location in preferred order is as
follows:
(1) On the official U.S. Government license plate.
(2) On a decal in the rear window, or centered on both front doors
if the vehicle is without a rear window or where identification on the
rear window would not be easily seen.
* * * * *
Note to Sec. 102-34.120: Each agency or activity that uses
decals to identify its motor vehicles is responsible for acquiring
its own decals and for replacing them when necessary due to damage
or wear.
0
5. Add Sec. 102-34.131 to read as follows:
Sec. 102-34.131 Can official U.S. Government license plates be used
on motor vehicles not owned or leased by the Government?
No, official U.S. Government license plates may only be used on
motor vehicles that are owned or leased by the Government.
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6. Revise Sec. 102-34.135 to read as follows:
Sec. 102-34.135 Do we need to register motor vehicles owned or leased
by the Government?
If the vehicles display U.S. Government license plates and motor
vehicle identification, you do not need to register motor vehicles
owned or leased by the Government in the jurisdiction where the vehicle
is operated. However, motor vehicles exempted under Sec. 102-34.180,
Sec. 102-34.195, or Sec. 102-34.200 of this part must be registered
and inspected in accordance with the laws of the jurisdiction where the
motor vehicle is regularly operated.
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7. Revise Sec. 102-34.140 to read as follows:
Sec. 102-34.140 Where may we obtain U.S. Government license plates?
You may obtain U.S. Government license plates--
(a) For motor vehicles operated in any State, Commonwealth,
territory or possession of the United States, and the District of
Columbia by contacting: U.S. Department of Justice, UNICOR, Federal
Prison Industries, Inc., 400 First Street, NW., Room 6010, Washington,
DC 20534.
(b) For all other motor vehicles by contacting the following office
for assistance: General Services Administration, ATTN: MT, Washington,
DC 20405, Email: [email protected].
Note to Sec. 102-34.140: The General Services Administration
(GSA) has established a Memorandum of Understanding (MOU) on behalf
of all Federal agencies with Federal Prison Industries (UNICOR) for
the procurement of official U.S. Government license plates. Each
agency must execute an addendum to this MOU providing plate design
and specific ordering and payment information before ordering
license plates. Agency field activities should contact their
national level Agency Fleet Manager for assistance.
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8. Revise Sec. 102-34.160 to read as follows:
Sec. 102-34.160 How are U.S. Government license plates coded and
numbered?
U.S. Government license plates will be numbered serially for each
executive agency, beginning with ``101'', and preceded by a letter code
that designates the owning agency for the motor vehicle. The agency
letter codes are listed in GSA Bulletin FMR B-8 (FMR bulletins are
located at www.gsa.gov/bulletin).
Sec. 102-34.170 [Removed and Reserved]
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9. Remove and reserve Sec. 102-34.170.
Sec. 102-34.180 [Amended]
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10. Amend Sec. 102-34.180 by removing the note at the end of the
section.
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11. Revise Sec. 102-34.195 to read as follows:
Sec. 102-34.195 What agencies have an unlimited exemption from
displaying U.S. Government license plates and motor vehicle
identification?
The Federal agencies, or activities within agencies, listed in FMR
Bulletin B-12 (located at www.gsa.gov/bulletin) are granted an
unlimited exemption for vehicles that meet the requirements in the
bulletin.
0
12. Amend Sec. 102-34.200 by revising the section heading and adding a
note to the end of the section to read as follows:
Sec. 102-34.200 What agencies have a special exemption from
displaying U.S. Government license plates and motor vehicle
identification on some of their vehicles?
* * * * *
Note to Sec. 102-34 200: The Executive departments are: The
Department of State, the Department of the Treasury, the Department
of Defense, the Department of Justice, the Department of the
Interior, the Department of Agriculture, the Department of Commerce,
the Department of Labor, the Department of Health and Human
Services, the Department of Homeland Security, the Department of
Housing and Urban Development, the Department of Transportation, the
Department of Energy, the Department of Education, and the
Department of Veterans Affairs.
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13. Revise Sec. 102-34.210 to read as follows:
Sec. 102-34.210 What special requirements apply to exempted motor
vehicles using District of Columbia or State license plates?
If your agency wants to use regular District of Columbia (DC)
license plates or State license plates for motor vehicles
[[Page 27639]]
exempt from displaying U.S. Government license plates and motor vehicle
identification, your agency head must designate an official to
authorize such use. Provide the name and facsimile signature of that
official to the DC Department of Transportation annually, or to the
equivalent State vehicle motor vehicle department, as required.
Agencies must pay the DC and the States for these license plates in
accordance with DC or state policy. Also, for motor vehicles leased
from the GSA Fleet, send a list of the new plates to: General Services
Administration, ATTN: FFF, Washington, DC 20406.
0
14. Revise Sec. 102-34.255 to read as follows:
Sec. 102-34.255 Who pays for parking fees?
You must pay parking fees while operating a motor vehicle owned or
leased by the Government. However, you can expect to be reimbursed for
parking fees incurred while performing official duties.
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15. Add Sec. 102-34.256 to read as follows:
Sec. 102-34.256 Who pays for parking fines?
If you are fined for a parking violation while operating a motor
vehicle owned or leased by the Government, you are responsible for
paying the fine and will not be reimbursed.
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16. Revise Sec. 102-34.260 to read as follows:
Sec. 102-34.260 Do Federal employees in motor vehicles owned or
leased by the Government have to use all safety devices and follow all
safety guidelines?
Yes, Federal employees in motor vehicles owned or leased by the
Government have to use all safety devices including safety belts and
follow all appropriate motor vehicle manufacturer safety guidelines.
0
17. Revise Sec. 102-34.300 to read as follows:
Sec. 102-34.300 What forms do I use to report a crash involving a
motor vehicle owned or leased by the Government?
The General Services Administration (GSA) requires that you use the
following forms to report a crash in any State, Commonwealth, territory
or possession of the United States and the District of Columbia. The
forms should be carried in any motor vehicle owned or leased by the
Government.
(a) Standard Form 91, Motor Vehicle Accident Report. The motor
vehicle operator should complete this form at the time and scene of the
crash if possible, even if damage to the motor vehicle is not
noticeable.
(b) Standard Form 94, Statement of Witness. This form should be
completed by any witness to the crash.
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18. Revise Sec. 102-34.305 to read as follows:
Sec. 102-34.305 To whom do we send crash reports?
Send crash reports as follows:
(a) If the motor vehicle is owned or leased by your agency, follow
your internal agency directives.
(b) If the motor vehicle is managed by the GSA Fleet, report the
crash to GSA in accordance with subpart 101-39.4 of this title.
Sec. 102-34.310 [Amended]
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19. Amend Sec. 102-34.310 by removing ``101-45 and 101-46 of this
title'' in the last sentence of the section paragraph and adding ``102-
38 and 102-39 of this subchapter B'' in its place.
0
20. Amend Sec. 102-34.315 by revising the note to Sec. 102-
34.315(a)(2) to read as follows:
Sec. 102-34.315 What forms do we use to transfer ownership when
selling a motor vehicle?
* * * * *
Note to Sec. 102-34.315(a)(2): Do not use Standard Form (SF) 97
if the Government-owned motor vehicle is either not designed or not
legal for operation on highways. Examples are construction
equipment, farm machinery, and certain military-design motor
vehicles and motor vehicles that are damaged beyond repair in
crashes and intended to be sold as salvage only. Instead, use an
appropriate bill of sale or award document. Examples are Optional
Form 16, Sales Slip-Sale of Government Personal Property, and
Standard Form 114, Sale of Government Property--Bid and Award.
* * * * *
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21. Amend Sec. 102-34.330 by adding a note at the end of the section
to read as follows:
Sec. 102-34.330 What Government-issued charge cards may I use to
purchase fuel and motor vehicle related services?
* * * * *
Note to Sec. 102-34.330: OMB Circular A-123, Appendix B,
contains additional specific guidance on the management, issuance,
and usage of Government charge cards. The Appendix B guidance
consolidates and updates current Governmentwide charge card program
requirements and guidance issued by the Office of Management and
Budget, General Services Administration, Department of the Treasury,
and other Federal agencies. Appendix B provides a single document to
incorporate changes, new guidance, or amendments to existing
guidance, and establishes minimum requirements and suggested best
practices for Government charge card programs that may be
supplemented by individual agency policy procedures.
0
22. Revise Sec. 102-34.345 to read as follows:
Sec. 102-34.345 What is the Federal Fleet Report?
The Federal Fleet Report (FFR) is an annual summary of Federal
fleet statistics based upon fleet composition at the end of each fiscal
year and vehicle use and cost during the fiscal year. The FFR is
compiled by the General Services Administration (GSA) from information
submitted by Federal agencies. The FFR is designed to provide essential
statistical data for worldwide Federal motor vehicle fleet operations.
Review of the report assists Government agencies, including GSA, in
evaluating the effectiveness of the operation and management of
individual fleets to determine whether vehicles are being utilized
properly and to identify high cost areas where fleet expenses can be
reduced. The FFR is posted on the GSA, Federal Vehicle Policy Division
Internet website (http://www.gsa.gov/vehiclepolicy).
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23. Add Sec. 102-34.346 to read as follows:
Sec. 102-34.346 How do I submit information to the General Services
Administration (GSA) for the Federal Fleet Report (FFR)?
(a) Annually, agencies must submit to the General Services
Administration (GSA) the information needed to produce the Federal
Fleet Report (FFR) through the electronic Standard Form (SF) 82, Agency
Report of Motor Vehicle Data. Agencies must use the Federal Automotive
Statistical Tool (FAST), an Internet-based reporting tool, to report
required information to GSA. To find out how to submit motor vehicle
data to GSA through FAST, go to http://fastweb.inel.gov/.
(b) Specific reporting categories, by agency, included in the FFR
are--
(1) Inventory;
(2) Acquisitions;
(3) Operating costs;
(4) Miles traveled; and
(5) Fuel used.
Note to Sec. 102-34.346: The FAST system is also used by agency
Fleet Managers to provide the Department of Energy with information
required by the Energy Policy Act and Executive Order 13149. In
addition, the Office of Management and Budget (OMB) requires agency
Fleet Managers and budget officers to submit annual agency motor
vehicle budgeting information to OMB through FAST. (See OMB Circular
A-11, Preparation, Submission, and Execution of the Budget.)
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24. Add Sec. 102-34.347 to read as follows:
Sec. 102-34.347 Do we need a fleet management information system?
Yes, you must have a fleet management information system that--
[[Page 27640]]
(a) Identifies and collects accurate inventory, cost, and use data;
(b) Provides the information necessary to satisfy both internal and
external reporting requirements;
(c) Collects all costs incurred in the operation, maintenance,
acquisition, and disposition of motor vehicles used for official
purposes; and
(d) Is capable of providing the data required for external
reporting, such as FAST (see Sec. 102-34.346).
[FR Doc. 06-4430 Filed 5-11-06; 8:45 am]
BILLING CODE 6820-14-S