[Federal Register Volume 64, Number 211 (Tuesday, November 2, 1999)]
[Rules and Regulations]
[Pages 59592-59602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27747]



[[Page 59591]]

_______________________________________________________________________

Part IV





General Services Administration





_______________________________________________________________________



41 CFR Parts 101-38 and 102-34



Motor Vehicle Management; Final Rule

  Federal Register / Vol. 64, No. 211 / Tuesday, November 2, 1999 / 
Rules and Regulations  

[[Page 59592]]



GENERAL SERVICES ADMINISTRATION

41 CFR Parts 101-38 and 102-34

RIN 3090-AG12
[FPMR Amendment G-114]


Motor Vehicle Management

AGENCY: Office of Governmentwide Policy, GSA.

ACTION: Final rule.

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

SUMMARY: The General Services Administration is revising Federal 
Property Management Regulations (FPMR) coverage on motor vehicle 
management, and moving it into the Federal Management Regulation (FMR). 
A cross-reference will be added to the FPMR to direct readers to the 
coverage in the FMR. The FMR coverage is written in plain language and 
will provide agencies with updated regulatory material that is easy to 
read and understand.

EFFECTIVE DATE: November 2, 1999.

FOR FURTHER INFORMATION CONTACT: Michael W. Moses, Office of 
Governmentwide Policy, Federal Vehicle Policy Division (202) 501-2507 
or E-mail at [email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    In the Fall of 1996, several Federal agencies requested a change to 
41 CFR 101-38.103 concerning the size of motor vehicles that may be 
acquired and the associated GSA certification process. The change 
requested included increasing the maximum size of sedans that agencies 
normally may acquire from compact to midsize. The reason for the 
requested change was a need for more emphasis on agency mission 
requirements in lieu of motor vehicle classifications and to remove 
unnecessary reporting requirements associated with the certification to 
GSA. Additionally, agencies stated that, since this provision 
(Sec. 101-38.103) was added to the regulation in the early 1970's, 
motor vehicle manufacturer design changes have resulted in motor 
vehicles with increased fuel economy in all motor vehicle classes. It 
will also allow for a greater flexibility in the purchasing and leasing 
of alternative fuel vehicles.
    On June 11, 1997, GSA's Office of Governmentwide Policy surveyed 
the major Federal agencies that control about 99 percent of the Federal 
motor vehicle fleet. Based upon that survey, the vast majority of 
Federal agencies operating sedans agreed that such a change to the 
regulation would be appropriate. Concerns were raised by several 
agencies, including the GSA Fleet, that this regulation, if amended to 
incorporate the requested change, may be used as a blanket 
justification to increase the size of sedans in the Federal fleet. 
However, there is no reason to believe that the Federal sedan fleet 
will automatically be upgraded to midsize motor vehicles in the near 
future due to the ongoing requirements in Sec. 101-38.103 to acquire 
the smallest motor vehicle necessary to meet agency mission 
requirements and mandated fuel economy standards. Additionally, because 
of funding limitations, the additional cost associated with larger 
motor vehicles would preclude most agencies from upgrading their sedan 
fleets, except to the extent the agency deems necessary. For these 
reasons, this amendment increases the maximum size of sedan an agency 
may acquire from compact to midsize. Proponents of the change also 
noted that agencies can already acquire midsize sedans at any time, 
provided their missions justify such motor vehicles, and that the 
certification process has always been a ``self certification'' in that 
approval from GSA is not required. This same agency majority also 
favored elimination of the certification process to GSA whenever a 
larger motor vehicle is acquired. This amendment removes this 
certification process.
    The Secretary of Transportation establishes yearly fleet average 
fuel economy standards for passenger automobiles and light trucks. 
Prior to this amendment, 41 CFR part 101-38 provided fuel economy 
standards through fiscal year 1998 for passenger automobiles and 
through fiscal year 1997 for light trucks. The Secretary of 
Transportation has established fuel economy standards for passenger 
automobiles through fiscal year 2000, and for light trucks through 
fiscal year 1999. Accordingly, this amendment includes an update to 
reflect these additional standards. The listing of fuel economy 
standards for fiscal years 1977 through 1994 are removed because they 
are no longer relevant.
    The regulation previously stated that executive agencies would 
obtain their official U.S. Government license plates from the District 
of Columbia, Department of Corrections (Lorton Prison). Under the 
previous regulation and 48 CFR 6.302-5(a)(2), agencies could purchase 
license plates from Lorton Prison without competition because section 3 
of Public Law 88-622, 78 Stat. 1000, authorizes the purchase from a 
specified source. Additionally, section 24-458.5 of the District of 
Columbia Code authorizes Lorton Prison to make such sales to 
departments or agencies of the Federal Government. Although the Federal 
statute provides authority for agencies to procure license plates from 
Lorton Prison, it does not require that they do so. This amendment 
removes the regulatory requirement that all Government license plates 
be procured from the District of Columbia, Department of Corrections. 
Agencies are reminded, however, that applicable competition 
requirements, which typically are based on the dollar value of the 
acquisition, must be followed unless the authority under which the 
license plates are procured provides otherwise.
    On April 16, 1997, the President signed Executive Order 13043, 
Increasing Seat Belt Use in the United States. This Executive Order 
requires that each Federal employee occupying any seating position of a 
motor vehicle on official business, whose seat is equipped with a seat 
belt, must have the seat belt properly fastened at all times when the 
motor vehicle is in motion. Accordingly, the regulation is changed to 
add a requirement for seat belt use for motor vehicles owned or leased 
by the Government.
    GSA's Federal Supply Service has contracted for fleet charge cards 
that are used to purchase fuel and maintenance services. Under these 
contracts, the Government no longer deals directly with fuel providers 
and Federal agencies deal directly with the fleet charge card service 
providers. As a result, the regulation is revised to remove references 
to the obsolete Standard Forms 149 and 149A and allow for the revised 
fleet charge card contracting actions.
    On May 18, 1998, GSA's Office of Governmentwide Policy, Federal 
Vehicle Policy Division, sent letters to all Federal agencies asking 
for verification of active license plate codes in 41 CFR 101-38.202-4. 
The responses received indicated that of the 60 Federal agencies 
currently authorized license plate codes, ten no longer require them. 
Accordingly, the license plate codes for ACTION, the Department of 
Education, the Export-Import Bank of the United States, the Federal 
Home Loan Bank Board, the Federal Reserve System, the Federal Trade 
Commission, the General Accounting Office, the Department of Housing 
and Urban Development, the National Capital Housing Authority, and the 
Securities and Exchange Commission are removed.
    GSA's Office of Governmentwide Policy, Federal Vehicle Policy 
Division, has undertaken an effort to automate the Federal Motor 
Vehicle Fleet Report and the associated input form, Standard Form 82, 
Agency Report of Motor

[[Page 59593]]

Vehicle Data. The regulation is revised to reflect changes in the way 
motor vehicle data is reported and to add the requirement for reporting 
data on alternative fuel motor vehicles, as required by the Energy 
Policy Act of 1992 (Pub. L. 102-486).
    GSA's Office of Governmentwide Policy, Federal Vehicle Policy 
Division (MTV), provided a draft copy of this amendment to Federal 
agencies during a Federal Fleet Policy Council (FEDFLEET) meeting on 
April 24, 1997. FEDFLEET is comprised of about 150 Federal agency fleet 
managers. The amendment was also discussed at the next two FEDFLEET 
meetings on July 10, 1997, and October 29, 1997. On October 15, 1997, 
GSA provided a final draft of the amendment to members of the FEDFLEET 
Motor Vehicle Advisory Council (VAC) for a final review. The VAC 
consists of fleet managers from the Departments of the Air Force, the 
Navy, Agriculture, Defense, the Interior, Justice, and Transportation; 
the GSA Federal Vehicle Policy Division and the GSA Fleet Management 
Division. VAC meetings are held periodically to discuss issues of 
immediate importance in the management of the Federal motor vehicle 
fleet. VAC members were asked to provide any formal comments on the 
final draft of the amendment to MTV by November 1, 1997. By December 
15, 1997, no comments were received. In an effort to ensure that the 
amendment accurately reflected current policies and the needs of 
Federal agencies, MTV telephoned each VAC member between December 15-
19, 1997. No comments were received as a result of these telephone 
calls.

B. Executive Order 12866

    GSA has determined that this final rule is not a significant 
regulatory action for the purposes of Executive Order 12866 of 
September 30, 1993.

C. Regulatory Flexibility Act

    The final rule is not expected to have a significant economic 
impact on a substantial number of small entities within the meaning of 
the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule 
updates and clarifies the existing guidance pertaining to motor vehicle 
management. As such, it affects only the relationship among executive 
branch agencies, not among any private entities or members of the 
public.

D. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because this final rule 
does not impose recordkeeping or information collection requirements, 
or the collection of information from offerors, contractors, or members 
of the public which require the approval of the Office of Management 
and Budget (OMB) under 44 U.S.C. 501, et seq.

E. Small Business Regulatory Enforcement Fairness Act

    This final rule is 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 Parts 101-38 and 102-34

    Energy conservation, Government property management, Motor 
vehicles, Reporting and recordkeeping requirements.

    For the reasons set forth in the preamble, 41 CFR chapters 101 and 
102 are amended as follows:

CHAPTER 101--[AMENDED]

PART 101-38--MOTOR VEHICLE MANAGEMENT

    1. The authority citation for part 101-38 continues to read as 
follows:

    Authority: Sec. 205(c), 63 Stat. 390 (40 U.S.C. 486(c)).

    2. Part 101-38 is revised to read as follows:


Sec. 101-38.000  Cross-reference to the Federal Management Regulation 
(FMR) (41 CFR chapter 102, parts 102-1 through 102-220).

    For motor vehicle management policy, see FMR part 34 (41 CFR part 
102-34).

CHAPTER 102--[AMENDED]

    3. Part 102-34 is added to subchapter D to read as follows:

PART 102-34--MOTOR VEHICLE MANAGEMENT

Sec.
102-34.5  Preamble.
102-34.10  What definitions apply to motor vehicle management?
102-34.15  What motor vehicles are not covered by this part?
102-34.20  What types of motor vehicle fleets are there?
102-34.25  What sources of supply are available for obtaining motor 
vehicles?

Subpart A--Obtaining Fuel Efficient Motor Vehicles

102-34.30  Who must comply with motor vehicle fuel efficiency 
requirements?
102-34.35  What are the procedures for purchasing and leasing motor 
vehicles?
102-34.40  How are passenger automobiles classified?
102-34.45  What size motor vehicles may we purchase and lease?
102-34.50  What are fleet average fuel economy standards?
102-34.55  What are the minimum fleet average fuel economy 
standards?
102-34.60  How do we calculate the average fuel economy for our 
fleet?
102-34.65  How may we request an exemption from the fuel economy 
standards?
102-34.70  How does GSA monitor the fuel economy of purchased and 
leased motor vehicles?
102-34.75  How must we report fuel economy data for passenger 
automobiles and light trucks we purchase or commercially lease?
102-34.80  Do we report fuel economy data for passenger automobiles 
and light trucks purchased for our agency by the GSA Automotive 
Division?
102.-34.85  Do we have to submit a negative report if we don't 
purchase or lease any motor vehicles in a fiscal year?
102-34.90  Are any motor vehicles exempted from these reporting 
requirements?
102-34.95  Does fleet average fuel economy reporting affect our 
acquisition plan?
102-34.100  Where may we obtain help with our motor vehicle 
acquisition plan?

Subpart B--Identifying and Registering Motor Vehicles

Motor Vehicle Identification

102-34.105  What motor vehicles require motor vehicle 
identification?
102-34.110  What motor vehicle identification must we put on motor 
vehicles we purchase or lease?
102-34.115  What motor vehicle identification must the Department of 
Defense (DOD) put on motor vehicles it purchases or leases?
102-34.120   Where is motor vehicle identification placed on 
purchased and leased motor vehicles?
102-34.125  Before we sell a motor vehicle, what motor vehicle 
identification or markings must we remove?

License Plates

102-34.130  Must our motor vehicles use Government license plates?
102-34.135  Do we need to register motor vehicles owned or leased by 
the Government?
102-34.140  Where may we obtain U.S. Government license plates?
102-34.145  How do we display license plates on motor vehicles?
102-34.150  What do we do about a lost or stolen license plate?
102-34.155  What records do we need to keep on U.S. Government 
license plates?
102-34.160  How are U.S. Government license plates coded and 
numbered?
102-34.165  How can we get a new license plate code designation?
102-34.170  Are there special licensing procedures for motor 
vehicles operating in the District of Columbia (DC)?

Identification Exemptions

102-34.175  What types of exemptions are there?

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102-34.180  May we have a limited exemption from displaying U.S. 
Government license plates and other motor vehicle identification?
102-34.185  What information must the certification contain?
102-34.190  For how long is a limited exemption valid?
102-34.195  What agencies have an unlimited exemption from 
displaying U.S. Government license plates and motor vehicle 
identification?
102-34.200  What agencies have a special exemption from displaying 
U.S. Government license plates and motor vehicle identification?
102-34.205  What license plates and motor vehicle identification do 
we use on motor vehicles that are exempt from motor vehicle 
identification and U.S. Government license plates?
102-34.210  What special requirements apply to exempted motor 
vehicles operating in the District of Columbia?
102-34.215  Can GSA ask for a listing of exempted motor vehicles?

Subpart C--Official Use of Government Motor Vehicles

102-34.220  What is official use of a motor vehicle owned or leased 
by the Government?
102-34.225  May I use a motor vehicle owned or leased by the 
Government for transportation between my residence and place of 
employment?
102-34.230  May Government contractors use motor vehicles owned or 
leased by the Government?
102-34.235  What does GSA do if it learns of unofficial use of a 
motor vehicle owned or leased by the Government?
102-34.240  How are Federal employees disciplined for misuse of 
motor vehicles owned or leased by the Government?
102-34.245  How am I responsible for protecting motor vehicles?
102-34.250  Am I bound by State and local traffic laws?
102-34.255  Who pays for parking fees and fines?
102-34.260  Do Federal employees in motor vehicles owned or leased 
by the Government have to use safety belts?

Subpart D--Replacement of Motor Vehicles

102-34.265  What are motor vehicle replacement standards?
102-34.270  May we replace a Government-owned motor vehicle sooner?
102-34.275  May we keep a Government-owned motor vehicle even though 
the standard permits replacement?
102-34.280  How long must we keep a Government-owned motor vehicle?

Subpart E--Scheduled Maintenance of Motor Vehicles

102-34.285  What kind of maintenance programs must we have?
102-34.290  Must our motor vehicles pass State inspections?
102-34.295  Where can we obtain help in setting up a maintenance 
program?

Subpart F--Motor Vehicle Accident Reporting

102-34.300  What forms do I use to report an accident involving a 
motor vehicle owned or leased by the Government?
102-34.305 To whom do we send accident reports?

Subpart G--Disposal of Motor Vehicles

102-34.310  How do we dispose of a motor vehicle in any State, 
Commonwealth, territory or possession of the United States, or the 
District of Columbia?
102-34.315  What forms do we use to transfer ownership when selling 
a motor vehicle?
102-34.320  How do we distribute the completed Standard Form 97?

Subpart H--Motor Vehicle Fueling

102-34.325  How do we obtain fuel for motor vehicles?
102-34.330  What Government-issued charge cards may I use to 
purchase fuel and motor vehicle related services?
102-34.335  What type of fuel do I use in motor vehicles?
102-34.340  Do I have to use self-service fuel pumps?

Subpart I--Federal Motor Vehicle Fleet Report

102-34.345  What is the Federal Motor Vehicle Fleet Report?
102-34.350  What records do we need to keep?
102-34.355  When and how do we report motor vehicle data?

Subpart J--Forms

102-34.360  How do we obtain the forms prescribed in this part?

    Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).


Sec. 102-34.5  Preamble.

    (a) This part governs the economical and efficient management and 
control of motor vehicles that the Government owns or leases. Agencies 
will incorporate appropriate provisions of this part into contracts 
offering Government-furnished equipment in order to ensure adequate 
control over the use of motor vehicles.
    (b) The questions and associated answers in this part are 
regulatory in effect. Thus compliance with the written text of this 
part is required by all executive agencies.
    (c) The terms ``we,'' ``I,'' ``our,'' ``you,'' and ``your,'' when 
used in this part, mean you as an executive agency, as your agency's 
fleet manager, or as a motor vehicle user or operator, as appropriate.


Sec. 102-34.10  What definitions apply to motor vehicle management?

    The following definitions apply to motor vehicle management:
    Commercial design motor vehicle means a motor vehicle procurable 
from regular production lines and designed for use by the general 
public.
    Domestic fleet (see Sec. 102-34.20(a)).
    Foreign fleet (see Sec. 102-34.20(b)).
    GSA Fleet lease (see Sec. 102-34.25(d)).
    Large fleet (see Sec. 102-34.20(d)).
    Law enforcement motor vehicle means a passenger automobile or light 
truck that is specifically approved in an agency's appropriation act 
for use in apprehension, surveillance, police or other law enforcement 
work or specifically designed for use in law enforcement. If not 
identified in an agency's appropriation language, a motor vehicle 
qualifies as a law enforcement motor vehicle only in the following 
cases:
    (1) A passenger automobile having heavy duty components for 
electrical, cooling and suspension systems and at least the next higher 
cubic inch displacement or more powerful engine than is standard for 
the automobile concerned.
    (2) A light truck having emergency warning lights and identified 
with markings such as ``police.''
    (3) An unmarked motor vehicle certified by the agency head as 
essential for the safe and efficient performance of intelligence, 
counterintelligence, protective, or other law enforcement duties.
    (4) A motor vehicle seized by a Federal agency that is subsequently 
used for the purpose of performing law enforcement activities.
    Light duty motor vehicle means any motor vehicle with a gross motor 
vehicle weight rating (GVWR) of 8,500 pounds or less.
    Light truck means a motor vehicle on a truck chassis with a gross 
motor vehicle weight rating (GVWR) of 8,500 pounds or less.
    Military design motor vehicle means a motor vehicle (excluding 
general-purpose motor vehicles) designed according to military 
specifications to support directly combat or tactical operations or 
training for such operations.
    Motor vehicle means any vehicle, self-propelled or drawn by 
mechanical power, designed and operated principally for highway 
transportation of property or passengers, but does not include a 
military design motor vehicle or vehicles not covered by this part (see 
Sec. 102-34.15).
    Motor vehicle identification (also referred to as ``motor vehicle 
markings'') means the legends ``For Official Use Only'' and ``U.S. 
Government'' placed on a motor vehicle plus other legends showing the 
full name of the department, agency, establishment, corporation, or 
service by which the

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motor vehicle is used. This identification is usually a decal placed in 
the rear window or on the side of the motor vehicle.
    Motor vehicle lease (see Sec. 102-34.25(b)).
    Motor vehicle markings (see ``Motor vehicle identification'' in 
this section).
    Motor vehicle purchase (see Sec. 102-34.25(a)).
    Motor vehicle rental (see Sec. 102-34.25(c)).
    Motor vehicles transferred from excess (see Sec. 102-34.25(e)).
    Owning agency means the executive agency that holds the vehicle 
title, manufacturer's Certificate of Origin, or is the lessee of a 
motor vehicle lease. This term does not apply to agencies that lease 
motor vehicles from the GSA Fleet.
    Passenger automobile means a sedan or station wagon designed 
primarily to transport people.
    Reportable motor vehicles are vehicles which are reported to GSA as 
outlined in Subpart I of this part:
    (1) Included are sedans, station wagons, buses, ambulances, vans, 
utility motor vehicles, trucks and truck tractors, regardless of fuel 
type.
    (2) Excluded are fire trucks, motorcycles, military-design motor 
vehicles, semi-trailers, trailers and other trailing equipment such as 
pole trailers, dollies, cable reels, trailer coaches and bogies, and 
trucks with permanently mounted equipment such as generators and air 
compressors.
    Small fleet (see Sec. 102-34.20(c)).
    Using agency means a Federal agency that obtains motor vehicles 
from the GSA Fleet, commercial firms or another Federal agency and does 
not hold the vehicle title or manufacturer's Certificate of Origin. 
However, this does not include a Federal agency that obtains a motor 
vehicle by motor vehicle rental.


Sec. 102-34.15  What motor vehicles are not covered by this part?

    Motor vehicles not covered are:
    (a) Designed or used for military field training, combat, or 
tactical purposes;
    (b) Used principally within the confines of a regularly established 
military post, camp, or depot; or
    (c) Used by an agency in the performance of investigative, law 
enforcement, or intelligence duties if the head of such agency 
determines that exclusive control of such vehicle is essential to the 
effective performance of such duties, although such vehicles are 
subject to subpart C and subpart I of this part.


Sec. 102-34.20  What types of motor vehicle fleets are there?

    The types of motor vehicle fleets are:
    (a) Domestic fleet means all reportable agency-owned motor vehicles 
operated in any State, Commonwealth, territory or possession of the 
United States, and the District of Columbia.
    (b) Foreign fleet means all reportable agency-owned motor vehicles 
operated in areas outside any State, Commonwealth, territory or 
possession of the United States, and the District of Columbia.
    (c) Small fleet means a fleet of fewer than 2,000 reportable 
agency-owned motor vehicles, worldwide.
    (d) Large fleet means a fleet of 2,000 or more reportable agency-
owned motor vehicles, worldwide.


Sec. 102-34.25  What sources of supply are available for obtaining 
motor vehicles?

    The following sources of supply are available:
    (a) Motor vehicle purchase means buying a motor vehicle from a 
commercial source, usually a motor vehicle manufacturer or a motor 
vehicle manufacturer's dealership.
    (b) Motor vehicle lease means obtaining a motor vehicle by contract 
or other arrangement from a commercial source for 60 continuous days or 
more.
    (c) Motor vehicle rental means obtaining a motor vehicle by 
contract or other arrangement from a commercial source for less than 60 
continuous days.
    (d) GSA Fleet lease means obtaining a motor vehicle from the 
General Services Administration (GSA Fleet). Where ``lease'' is used 
alone within this part, it refers to ``motor vehicle lease'' in 
paragraph (b) of this section and not GSA Fleet lease.
    (e) Motor vehicles transferred from excess means obtaining a motor 
vehicle reported as excess and transferred with or without cost.

Subpart A--Obtaining Fuel Efficient Motor Vehicles


Sec. 102-34.30  Who must comply with motor vehicle fuel efficiency 
requirements?

    Executive agencies located in any State, Commonwealth, territory or 
possession of the United States, and the District of Columbia which 
operate motor vehicles owned or leased by the Government in the conduct 
of official business. This subpart does not apply to motor vehicles 
exempted by law or other regulations, such as law enforcement and motor 
vehicles in foreign areas. Other Federal agencies are encouraged to 
comply so that maximum energy conservation benefits may be realized in 
obtaining, operating, and managing motor vehicles owned or leased by 
the Government.


Sec. 102-34.35  What are the procedures for purchasing and leasing 
motor vehicles?

    Procedures for purchasing and leasing motor vehicles can be found 
in subpart 101-26.5 of this title.


Sec. 102-34.40  How are passenger automobiles classified?

    Passenger automobiles are classified in the following table:

------------------------------------------------------------------------
                                     Station wagon
            Sedan class                  class        Descriptive name
------------------------------------------------------------------------
I.................................  I               Subcompact.
II................................  II              Compact.
III...............................  III             Midsize
IV................................  IV              Large.
V.................................  ..............  Limousine.
------------------------------------------------------------------------

Sec. 102-34.45  What size motor vehicles may we purchase and lease?

    (a) You must select motor vehicles to achieve maximum fuel 
efficiency.
    (b) Limit motor vehicle body size, engine size and optional 
equipment to what is essential to meet your agency's mission.
    (c) With the exception of motor vehicles used by the President and 
Vice President and motor vehicles for security and highly essential 
needs, you must purchase and lease midsize (class III) or smaller 
sedans.
    (d) Purchase and lease large (class IV) sedans only when such motor 
vehicles are essential to your agency's mission.


Sec. 102-34.50  What are fleet average fuel economy standards?

    (a) The minimum miles per gallon that a fleet of motor vehicles 
purchased or leased by an executive agency must obtain. The need to 
meet these standards is set forth in 49 U.S.C. 32917, Standards for 
Executive Agency Automobiles, and Executive Order 12375, Motor 
Vehicles. These standards have two categories:
    (1) Average fuel economy standard for all passenger automobiles.
    (2) Average fuel economy standard for light trucks.
    (b) These standards do not apply to passenger automobiles and light 
trucks designed to perform combat-related missions for the U.S. Armed 
Forces or motor vehicles designed for use in law enforcement or 
emergency rescue work.


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:

[[Page 59596]]



                 Fleet Average Fuel Economy Standards a
------------------------------------------------------------------------
                                                  Passsenger     Light
                  Fiscal year                     automobile   truck \2\
-----------------------------------------------------\1\----------------
1995..........................................         27.5     20.6 \3\
1996..........................................         27.5     20.7 \3\
1997..........................................         27.5     20.7 \3\
1998..........................................         27.5     20.7 \3\
1999..........................................         27.5     20.7 \3\
2000 & beyond.................................         27.5        (\4\)
------------------------------------------------------------------------
a These figures represent miles/gallon.
\1\ Established by section 49 U.S.C. 32902 and the Secretary of
  Transportation.
\2\ Fleet average fuel economy standard set by the Secretary of
  Transportation and mandated by Executive Order 12375 beginning in
  fiscal year 1982.
\3\ 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.
\4\ Requirements not yet set by the Secretary of Transportation.

Sec. 102-34.60  How do we calculate the average fuel economy for our 
fleet?

    (a) Due to the variety of motor vehicle configurations, you must 
take an average of all motor vehicles, by category (passenger 
automobiles or light truck) purchased and leased by your agency during 
the fiscal year. This calculation is the sum of passenger automobiles 
or light trucks that your executive agency purchases or leases from 
commercial sources divided by the sum of the fractions representing the 
number of motor vehicles of each category by model divided by the 
unadjusted city/highway mile-per-gallon ratings for that model, 
developed by the Environmental Protection Agency (EPA) for each fiscal 
year. The EPA mile-per-gallon rating for each motor vehicle make, 
model, and model year may be obtained from the: General Services 
Administration, Attn: FFA, Washington, DC 20406.
    (b) An example follows:
    Light trucks: i. 600 light trucks acquired in a specific year. 
These are broken down into:
    A. 200 Six cylinder automatic transmission pick-up trucks, EPA 
rating: 24.3 mpg, plus
    B. 150 Six cylinder automatic transmission mini-vans, EPA rating 
24.8 mpg, plus
    C. 150 Eight cylinder automatic transmission pick-up trucks, EPA 
rating: 20.4 mpg, plus
    D. 100 Eight cylinder automatic transmission cargo vans, EPA 
rating: 22.2 mpg.
[GRAPHIC] [TIFF OMITTED] TR02NO99.009

    ii. Fleet average fuel economy for light trucks in this case is 
23.0 mpg.


Sec. 102-34.65  How may we request an exemption from the fuel economy 
standards?

    (a) You must submit your reasons for the exemption in a written 
request to the: Administrator of General Services, ATTN: MTV, 
Washington, DC 20405.
    (b) GSA will review the request and advise you of the determination 
within 30 days of receipt. Passenger automobiles and light trucks 
exempted under the provisions of this section must not be included in 
calculating your fleet average fuel economy.


Sec. 102-34.70  How does GSA monitor the fuel economy of purchased and 
leased motor vehicles?

    (a) Executive agencies report to GSA their leases and purchases of 
passenger automobiles and light trucks. GSA keeps a master record of 
the miles per gallon for passenger automobiles and light trucks 
acquired by each agency during the fiscal year. GSA verifies that each 
agency's passenger automobile and light truck leases and purchases 
achieve the fleet average fuel economy for the applicable fiscal year, 
as required by Executive Order 12375.
    (b) The GSA Federal Vehicle Policy Division (MTV) issues 
information about the EPA miles-per-gallon ratings to executive 
agencies at the beginning of each fiscal year to help agencies with 
their acquisition plans.


Sec. 102-34.75  How must we report fuel economy data for passenger 
automobiles and light trucks we purchase or commercially lease?

    (a) You must send copies or synopses of motor vehicle leases and 
purchases to GSA. Use the unadjusted combined city/highway mile-per-
gallon ratings for passenger automobiles and light trucks developed 
each fiscal year by the Environmental Protection Agency (EPA). All 
submissions for a fiscal year must reach GSA by December 1 of the next 
fiscal year. Submit the information as soon as possible after the 
purchase or effective date of each lease to the: General Services 
Administration, ATTN: MTV, Washington, DC 20405. Email: 
[email protected].
    (b) Include in your submission to GSA motor vehicles purchased or 
leased by your agency for use in any State, Commonwealth, territory or 
possession of the United States, and the District of Columbia.
    (c) Your submission to GSA must include:
    (1) Number of passenger automobiles and light trucks, by category.
    (2) Year.
    (3) Make.
    (4) Model.
    (5) Transmission type (if manual, number of forward speeds).
    (6) Cubic inch displacement of engine.
    (7) Fuel type (i.e., gasoline, diesel, or type of alternative 
fuel).
    (8) Monthly lease cost, if applicable.

    Note to Sec. 102-34.75: Do not include passenger automobile and 
light truck lease renewal options as new acquisition motor vehicle 
leases. Do not report passenger automobiles and light trucks 
exempted from fleet average fuel economy standards (see Sec. 102-
34.50(b) and Sec. 102-34.65).


Sec. 102-34.80  Do we report fuel economy data for passenger 
automobiles and light trucks purchased for our agency by the GSA 
Automotive Division?

    No. The GSA Automotive Division provides information for passenger 
automobiles and light trucks it purchases for agencies.


Sec. 102-34.85  Do we have to submit a negative report if we don't 
purchase or lease any motor vehicles in a fiscal year?

    Yes, you must submit a negative report if you don't purchase or 
lease any motor vehicles in a fiscal year.

[[Page 59597]]

Sec. 102-34.90  Are any motor vehicles exempted from these reporting 
requirements?

    Yes. You do not need to report passenger automobiles and light 
trucks that are:
    (a) Purchased or leased for use outside any State, Commonwealth, 
territory or possession of the United States, or the District of 
Columbia.
    (b) Designed to perform combat-related missions for the U.S. Armed 
Forces.
    (c) Designed for use in law enforcement or emergency rescue work.


Sec. 102-34.95  Does fleet average fuel economy reporting affect our 
acquisition plan?

    It may. If previous motor vehicle purchases and leases have caused 
your fleet to fail to meet the required fuel economy by the end of the 
fiscal year, GSA may encourage you to adjust future requests to meet 
fuel economy requirements.


Sec. 102-34.100  Where may we obtain help with our motor vehicle 
acquisition plans?

    For help with your motor vehicle acquisition plan, contact the: 
General Services Administration, Attn: MTV, Washington, DC 20405. 
Email: [email protected]

Subpart B--Identifying and Registering Motor Vehicles--Motor 
Vehicle Identification


Sec. 102-34.105  What motor vehicles require motor vehicle 
identification?

    All motor vehicles owned or leased by the Government must display 
motor vehicle identification unless exempted under Sec. 102-34.180, 
Sec. 102-34.195, or Sec. 102-34.200.


Sec. 102-34.110  What motor vehicle identification must we put on motor 
vehicles we purchase or lease?

    (a) For motor vehicles with rear windows, display:
    (1) ``For Official Use Only,'' in letters \1/2\ to \3/4\ inch high.
    (2) ``U.S. Government'' in letters \3/4\ to 1 inch high; and
    (3) The full name of the department, agency, establishment, 
corporation, or service owning or leasing the motor vehicle (in letters 
1 to 1\1/2\ inch high), or in the alternative, a title that describes 
the activity in which it is operated (if the title readily identifies 
the department, agency, establishment, corporation, or service 
concerned).
    (b) For other than motor vehicle rear windows, display the motor 
vehicle identification in paragraphs (a)(1) through (3) of this 
section, but:
    (1) Use letters 1 to 1\1/2\ inches high in colors contrasting to 
the motor vehicle.
    (2) If you use subsidiary words or titles of subordinate units, use 
letters \1/2\ inch to \3/4\ inch high.
    (c) The preferred material is a decal of elastomeric pigmented film 
type for ease of application and removal.

    Note to Sec. 102-34.110: Each agency or activity is responsible 
for acquiring its own decals. Replace this motor vehicle 
identification when necessary due to damage or wear.


Sec. 102-34.115  What motor vehicle identification must the Department 
of Defense (DOD) put on motor vehicles it purchases or leases?

    The following must appear on DOD purchased or leased motor 
vehicles:
    (a) ``For Official Use Only;''
    (b) An appropriate title for the DOD component; and
    (c) The DOD code and registration number assigned by the DOD 
component accountable for the motor vehicle.


Sec. 102-34.120  Where is motor vehicle identification placed on 
purchased and leased motor vehicles?

    (a) On most motor vehicles. On the left side of the rear window, 
1\1/2\ inches or less from the bottom of the window.
    (b) On motor vehicles without rear windows or where identification 
on the rear window would not be easily seen. Centered on both front 
doors or in any appropriate position on each side of the motor vehicle.
    (c) On trailers. Centered on both sides of the front quarter of the 
trailer in a conspicuous location.


Sec. 102-34.125  Before we sell a motor vehicle, what motor vehicle 
identification or markings must we remove?

    You must remove all motor vehicle identification before you 
transfer the title or deliver the motor vehicle.

License Plates


Sec. 102-34.130  Must our motor vehicles use Government license plates?

    Yes you must use Government license plates, with the exception of 
motor vehicles exempted under Sec. 102-34.180, Sec. 102-34.195, and 
Sec. 102-34.200.


Sec. 102-34.135  Do we need to register motor vehicles owned or leased 
by the Government?

    For a motor vehicle owned or leased by the Government that is 
regularly based or operated outside the District of Columbia and 
displaying U.S. Government license plates and motor vehicle 
identification, you need not register it in a State, Commonwealth, 
territory or possession of the United States. Motor vehicles exempted 
under Sec. 102-34.180, Sec. 102-34.195, or Sec. 102-34.200 must be 
registered and inspected in accordance with the laws of the State, 
Commonwealth, territory or possession of the United States where the 
motor vehicle is regularly operated.


Sec. 102-34.140  Where may we obtain U.S. Government license plates?

    For detailed instructions and an ordering form to obtain U.S. 
Government license plates, contact the: Superintendent of Industries, 
District of Columbia, Department of Corrections, Lorton, VA 22079.

    Note to Sec. 102-34.140: You may, but are not required to obtain 
license plates from the District of Columbia, Department of 
Corrections.


Sec. 102-34.145  How do we display license plates on motor vehicles?

    (a) Display official U.S. Government license plates on the front 
and rear of all motor vehicles owned or leased by the Government. The 
exception is two-wheeled motor vehicles, which require rear license 
plates only.
    (b) You must display U.S. Government license plates on the motor 
vehicle to which the license plates were assigned.
    (c) Display the U.S. Government license plates until the motor 
vehicle is removed from Government service or is transferred, or until 
the plates are damaged and require replacement.
    (d) For motor vehicles owned or leased by DOD, follow DOD 
regulations.


Sec. 102-34.150  What do we do about a lost or stolen license plate?

    You should report the loss or theft of license plates as follows:
    (a) U.S. Government license plates. Tell your local security office 
(or equivalent) and local police.
    (b) District of Columbia or State license plates. Tell your local 
security office (or equivalent) and either the District of Columbia, 
Department of Transportation, or the State agency, as appropriate.


Sec. 102-34.155  What records do we need to keep on U.S. Government 
license plates?

    You must keep a central record of all U.S. Government license 
plates for your agency's motor vehicle purchases and motor vehicle 
leases. The GSA Fleet must keep such a record for GSA Fleet vehicles. 
The record must identify:
    (a) The motor vehicle to which each set of plates is assigned.
    (b) The complete history of any reassigned plates.
    (c) A list of destroyed or voided license plate numbers.

[[Page 59598]]

Sec. 102-34.160  How are U.S. Government license plates coded and 
numbered?

    U.S. Government license plates, except those issued by the District 
of Columbia, Department of Transportation, under Sec. 102-34.170, 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 as follows:

Agriculture, Department of--A
Air Force, Department of the--AF
Army, Department of the--W
Commerce, Department of--C
Consumer Product Safety Commission--CPSC
Corps of Engineers, Civil Works--CE
Defense, Department of--D
Defense Commissary Agency--DECA
Defense Contract Audit Agency--DA
Defense Logistics Agency--DLA
District of Columbia Redevelopment Land Agency--LA
Energy, Department of--E
Enrichment Corporation, U.S--EC
Environmental Protection Agency--EPA
Executive Office of the President--EO Council of Economic Advisers, 
National Security Council, Office of Management and Budget--EO
Federal Communications Commission--FC
Federal Deposit Insurance Corporation--FD
Federal Emergency Management Agency--FE
Federal Mediation and Conciliation Service--FM
General Services Administration--GS
Government Printing Office--GP
GSA Fleet--G
Health and Human Services, Department of--HHS
Interior, Department of the--I
Judicial Branch of the Government--JB
Justice, Department of--J
Labor, Department of--L
Legislative Branch--LB
Marine Corps--MC
National Aeronautics and Space Administration--NA
National Capital Planning Commission--NP
National Guard Bureau--NG
National Labor Relations Board--NL
National Science Foundation--NS
Navy, Department of the--N
Nuclear Regulatory Commission--NRC
Office of Personnel Management--OPM
Panama Canal Commission--PC
Railroad Retirement Board--RR
Selective Service System--SS
Small Business Administration--SB
Smithsonian Institution, National Gallery of Art--SI
Soldiers' and Airmen's Home, U.S--SH
State, Department of--S
Tennessee Valley Authority--TV
Transportation, Department of--DOT
Treasury, Department of the--T
United States Information Agency--IA
United States Postal Service--P
Veterans Affairs, Department of--VA


Sec. 102-34.165  How can we get a new license plate code designation?

    To get a new license plate code designation, write to the: General 
Services Administration, Attn: MTV, Washington, DC 20405. Email: 
[email protected]


Sec. 102-34.170  Are there special licensing procedures for motor 
vehicles operating in the District of Columbia (DC)?

    Yes. DC Code, section 40-102(d)(2), requires the issuance of 
license plates, without charge, for all motor vehicles owned or leased 
by the Government at the time the motor vehicle is registered or 
reregistered.
    (a) You must register motor vehicles that are regularly based or 
operated in DC with the DC Department of Transportation. Your 
application to register must include a manufacturer's Certificate of 
Origin, bill of sale, or other document attesting Government ownership. 
Forms for registering motor vehicles are available from the District of 
Columbia, Department of Transportation.
    (b) Motor vehicles owned or leased by the Government and licensed 
in the District of Columbia may have the letter code designation 
prescribed in Sec. 102-34.160 stenciled in the blank space beside the 
embossed numbers. If you add a letter code designation, stencil it on 
the license plate so that the letters resemble the embossed numbers in 
size and color. License plates issued by the District of Columbia 
without an agency letter code designation will usually have the letter 
code designation ``US''.
    (c) Transfer of U.S. Government license plates issued by the 
District of Columbia between your agency's own motor vehicles requires 
prior approval from the District of Columbia, Department of 
Transportation.
    (d) You must have each registered motor vehicle inspected annually 
according to section 40-204 of the District of Columbia Code and 
applicable regulations. The District of Columbia issues an inspection 
verification sticker for each motor vehicle that passes inspection.
    (e) Return damaged or mutilated license plates to the District of 
Columbia, Department of Transportation, for cancellation. Also return 
license plates when you transfer a motor vehicle regularly based or 
operated in the District of Columbia to operation in a field area, 
another agency, or remove the motor vehicle from Government service.

Identification Exemptions


Sec. 102-34.175  What types of exemptions are there?

    (a) Limited exemption.
    (b) Unlimited exemption.
    (c) Special exemption.


Sec. 102-34.180  May we have a limited exemption from displaying U.S. 
Government license plates and other motor vehicle identification?

    Yes. The head of your agency or designee may authorize a limited 
exemption to the display of U.S. Government license plates and motor 
vehicle identification upon written certification. (See Sec. 102-
34.185.) For motor vehicles leased from the GSA Fleet, send an 
information copy of this certification to the: General Services 
Administration, Attn: FFF, Washington, DC 20406.

    Note to Sec. 102-34.180: Not eligible for exemption are motor 
vehicles regularly used for common administrative purposes and not 
directly connected to investigative, law enforcement or intelligence 
duties involving security activities.


Sec. 102-34.185  What information must the certification contain?

    The certification must state either:
    (a) That the motor vehicle is used primarily for investigative, law 
enforcement or intelligence duties involving security activities and 
that identifying the motor vehicle would interfere with those duties; 
or
    (b) That identifying the motor vehicle would endanger the security 
of the vehicle occupants.


Sec. 102-34.190  For how long is a limited exemption valid?

    An exemption granted in accordance with Sec. 102-34.180 and 
Sec. 102-34.185 may last from one day up to one year. If the 
requirement for exemption still exists at the end of the year, your 
agency must re-certify the continued exemption. For a motor vehicle 
leased from the GSA Fleet, send a copy of the re-certification to the: 
General Services Administration, ATTN: FFF, Washington, DC 20406.


Sec. 102-34.195  What agencies have an unlimited exemption from 
displaying U.S. Government license plates and motor vehicle 
identification?

    The following Federal agencies, or activities within agencies, are 
granted an unlimited exemption based on ongoing mission requirements 
and do not need to certify:
    (a) Administrative Office of the United States Courts. All motor 
vehicles used by United States probation offices and pretrial services 
agencies of the judicial branch of the U.S. Government.
    (b) Department of Agriculture. Motor vehicles used for 
investigative or law enforcement activities by the Agricultural 
Marketing Service, Animal and Plant Health Inspection Service, Food 
Safety and Inspection Service, Forest Service, Grain Inspection,

[[Page 59599]]

Packers and Stockyard Administration, Packers and Stockyard Program, 
Food and Consumers Service, and Office of the Inspector General.
    (c) Department of Commerce. Motor vehicles used for surveillance 
and other law enforcement activities by the Office of Export 
Enforcement, International Trade Administration, the National Marine 
Fisheries Service, and the National Oceanic and Atmospheric 
Administration.
    (d) Department of Defense. Motor vehicles used for intelligence, 
investigative, or security activities by the U.S. Army Intelligence 
Agency and the Criminal Investigation Command of the Department of the 
Army; Office of Naval Intelligence of the Department of the Navy; 
Office of Special Investigations of the Department of the Air Force; 
the Defense Criminal Investigation Service, Office of the Inspector 
General; and the Defense Logistics Agency.
    (e) District of Columbia. Motor vehicles used by St. Elizabeth's 
Hospital in outpatient work where identifying the motor vehicles would 
be prejudicial to patients.
    (f) Department of Education. Motor vehicles used for investigative 
and law enforcement activities by the Office of the Inspector General.
    (g) Department of Energy. Motor vehicles used for investigative or 
security activities.
    (h) Environmental Protection Agency. Motor vehicles used for 
investigative and law enforcement activities by the Office of Inspector 
General and the Office of Enforcement and Compliance Assurance.
    (i) Federal Communications Commission. Motor vehicles used for 
investigative activities by the Field Operations Bureau.
    (j) General Services Administration. Motor vehicles used for 
investigative, surveillance, and security activities by special agents 
of the Federal Protective Service, and Office of the Inspector General.
    (k) Department of Health and Human Services. Motor vehicles used 
for undercover law enforcement and similar investigative work by the 
Food and Drug Administration; motor vehicles used to transport mentally 
disturbed children by the National Institutes of Health; and motor 
vehicles used for law enforcement and investigative purposes by the 
Office of Investigations and the Office of the Inspector General.
    (l) Department of Housing and Urban Development. Motor vehicles 
used for law enforcement or investigative purposes by the Office of the 
Inspector General.
    (m) Department of the Interior. Motor vehicles used to enforce game 
laws by the U.S. Fish and Wildlife Service; motor vehicles assigned to 
special agents of the Bureau of Land Management who investigate crimes 
against public lands; motor vehicles assigned to special officers of 
the Bureau of Indian Affairs; motor vehicles used for investigating 
crimes against public lands by the National Park Service and assigned 
to the U.S. Park Police; and motor vehicles assigned to the special 
agents of the Office of the Inspector General who investigate possible 
crimes of fraud and abuse by departmental employees, contractors, and 
grantees.
    (n) Department of Justice. All motor vehicles used for undercover 
law enforcement activities or investigative work by the Department.
    (o) Department of Labor. All motor vehicles used for investigative, 
law enforcement, and compliance activities by the Employment and 
Training Administration, Occupational Safety and Health Administration, 
Employment Standards Administration, and the Mine Safety and Health 
Administration.
    (p) National Aeronautics and Space Administration. Motor vehicles 
used for investigative or law enforcement activities.
    (q) National Labor Relations Board. Motor vehicles used for 
investigative activities by field offices.
    (r) National Security Council. Motor vehicles used by the Central 
Intelligence Agency.
    (s) Nuclear Regulatory Commission. Motor vehicles used for the 
conduct of security operations or in the enforcement of security 
regulations.
    (t) Office of Personnel Management. Motor vehicles used for the 
investigative program of the Office of Personnel Investigations and 
regional investigation activities.
    (u) United States Postal Service. Motor vehicles that the Postal 
Inspection Service uses for investigative and law enforcement 
activities.
    (v) Department of State. Motor vehicles used for protecting 
domestic and foreign dignitaries and investigating passport and visa 
fraud.
    (w) Department of Transportation. Motor vehicles used for 
intelligence, investigative, or security activities by the Office of 
the Inspector General, the OST Office of Security, the Investigations 
and Security Division and field counterparts in the U.S. Coast Guard, 
the Office of Civil Aviation Security and field counterparts in the 
Federal Aviation Administration, and the Idaho Division Office of Motor 
Carriers in the Federal Highway Administration.
    (x) Department of Treasury. Motor vehicles used by the U.S. Secret 
Service; the Criminal Investigation Division and the Internal Security 
Division of the Internal Revenue Service; motor vehicles used for 
investigative activities by the Collection Division of the Internal 
Revenue Service; motor vehicles used by the Office of Enforcement and 
the Office of Inspection at the Bureau of Alcohol, Tobacco, and 
Firearms; and motor vehicles used by the Office of Enforcement, Office 
of Compliance Operations, and the Office of Internal Affairs at the 
U.S. Customs Service.
    (y) Department of Veterans Affairs. Motor vehicles used for 
investigative activities by the Office of the Inspector General and 
regional Field Examiners and Property Management Inspectors.


Sec. 102-34.200  What agencies have a special exemption from displaying 
U.S. Government license plates and motor vehicle identification?

    Motor vehicles assigned for the use of the President and the heads 
of executive departments specified in 5 U.S.C. 101 are exempt from the 
requirement to display motor vehicle identification. All motor 
vehicles, other than those assigned for the personal use of the 
President, will display official U.S. Government license plates.


Sec. 102-34.205  What license plates and motor vehicle identification 
do we use on motor vehicles that are exempt from motor vehicle 
identification and U.S. Government license plates?

    Display the regular license plates of the State, Commonwealth, 
territory or possession of the United States, or the District of 
Columbia, where the motor vehicle is principally operated.


Sec. 102-34.210  What special requirements apply to exempted motor 
vehicles operating in the District of Columbia?

    If your agency wants to use regular District of Columbia license 
plates for motor vehicles exempt from displaying U.S. government 
license plates and motor vehicle identification, your agency head must 
designate an official to authorize them. Provide the name and facsimile 
signature of that official to the District of Columbia, Department of 
Transportation, annually.


Sec. 102-34.215  Can GSA ask for a listing of exempted motor vehicles?

    Yes. If asked, the head of each executive agency must submit a 
report concerning motor vehicles exempted under this subpart. This 
report, which has been assigned interagency report

[[Page 59600]]

control number 1537-GSA-AR, should be submitted to the: General 
Services Administration, ATTN: MTV, Washington, DC 20405. Email: 
[email protected]

Subpart C--Official Use of Government Motor Vehicles


Sec. 102-34.220  What is official use of a motor vehicle owned or 
leased by the Government?

    Official use of a motor vehicle is using a motor vehicle to perform 
your agency's mission(s), as authorized by your agency.


Sec. 102-34.225  May I use a motor vehicle owned or leased by the 
Government for transportation between my residence and place of 
employment?

    No, you may not use a Government motor vehicle for transportation 
between your residence and place of employment unless your agency 
authorizes such use after making the necessary determination under 31 
U.S.C. 1344 and subpart 101-6.4 of this title. Your agency must keep a 
copy of the written authorization within the agency and monitor the use 
of these motor vehicles.


Sec. 102-34.230  May Government contractors use motor vehicles owned or 
leased by the Government?

    Yes, Government contractors may use Government motor vehicles when 
authorized under applicable procedures and the following conditions:
    (a) Motor vehicles are used for official purposes only and solely 
in the performance of the contract.
    (b) Motor vehicles cannot be used for transportation between 
residence and place of employment, unless authorized in accordance with 
31 U.S.C. 1344 and subpart 101-6.4 of this title.
    (c) Contractors must:
    (1) Establish and enforce suitable penalties against employees who 
use, or authorize the use of, such motor vehicles for unofficial 
purposes or for other than in the performance of the contract; and
    (2) Pay any expenses or cost, without Government reimbursement, for 
using such motor vehicles other than in the performance of the 
contract.


Sec. 102-34.235  What does GSA do if it learns of unofficial use of a 
motor vehicle owned or leased by the Government?

    GSA reports the matter to the head of the agency employing the 
motor vehicle operator. The employing agency investigates and may, if 
appropriate, take disciplinary action under 31 U.S.C. 1349 or may 
report the violation to the Attorney General for prosecution under 18 
U.S.C. 641.


Sec. 102-34.240  How are Federal employees disciplined for misuse of 
motor vehicles owned or leased by the Government?

    If an employee willfully uses, or authorizes the use of, a motor 
vehicle for other than official purposes, the employee is subject to 
suspension of at least one month or, up to and including, removal by 
the head of the agency (31 U.S.C. 1349).


Sec. 102-34.245  How am I responsible for protecting motor vehicles?

    When a Government-owned or -leased motor vehicle is under your 
control, you must:
    (a) Park or store the vehicle in a manner that reasonably protects 
it from theft or damage.
    (b) Lock the unattended motor vehicle. (The only exception to this 
requirement is when fire regulations or other directives prohibit 
locking motor vehicles in closed buildings or enclosures.)


Sec. 102-34.250  Am I bound by State and local traffic laws?

    Yes. You must obey all motor vehicle traffic laws of the State and 
local jurisdiction, except when the duties of your position require 
otherwise. You are personally responsible if you violate State or local 
traffic laws. If you are fined or otherwise penalized for an offense 
you commit while performing your official duties, but which was not 
required as part of your official duties, payment is your personal 
responsibility.


Sec. 102-34.255  Who pays for parking fees and fines?

    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. Conversely, if 
you are fined for a parking violation while operating a motor vehicle 
owned or leased by the Government, payment is your personal 
responsibility and you will not be reimbursed.


Sec. 102-34.260  Do Federal employees in motor vehicles owned or leased 
by the government have to use safety belts?

    Yes Federal employees must use safety belts, when there is a safety 
belt.

Subpart D--Replacement of Motor Vehicles


Sec. 102-34.265  What are motor vehicle replacement standards?

    Motor vehicle replacement standards specify the minimum number of 
years in use or miles traveled at which an executive agency may replace 
a Government-owned motor vehicle (see Sec. 102-34.280) .


Sec. 102-34.270  May we replace a Government-owned motor vehicle 
sooner?

    Yes. You may replace a Government-owned motor vehicle if it needs 
body or mechanical repairs that exceed the fair market value of the 
motor vehicle. Determine the fair market value by adding the current 
market value of the motor vehicle plus any capitalized motor vehicle 
additions (such as a utility body or liftgate) or repairs. Your agency 
head or designee must review the replacement in advance.


Sec. 102-34.275  May we keep a Government-owned motor vehicle even 
though the standard permits replacement?

    Yes. The replacement standard is a minimum only, and therefore, you 
may keep a Government-owned motor vehicle longer than shown in 
Sec. 102-34.280 if the motor vehicle can be operated without excessive 
maintenance costs or substantial reduction in resale value.


Sec. 102-34.280  How long must we keep a Government-owned motor 
vehicle?

    You must keep a motor vehicle owned or leased by the Government for 
at least the years or miles shown in the following table:

                 Table of Minimum Replacement Standards
------------------------------------------------------------------------
                Motor vehicle type                   Years a    or Miles
-------------------------------------------------------------------a----
Sedans/Station Wagons.............................          3     60,000
Ambulances........................................          7     60,000
Buses:
    Intercity.....................................        n/a    280,000
    City..........................................        n/a    150,000
    School........................................        n/a     80,000
Trucks:
    Less than 12,500 pounds GVWR..................          6     50,000
    12,500-23,999 pounds GVWR.....................          7     60,000
    24,000 pounds GVWR and over...................          9     80,000
    4- or 6-wheel drive motor vehicles............          6    40,000
------------------------------------------------------------------------
a Minimum standards are stated in both years and miles; use whichever
  occurs first.

Subpart E--Scheduled Maintenance of Motor Vehicles


Sec. 102-34.285  What kind of maintenance programs must we have?

    You must have a scheduled maintenance program for each motor 
vehicle you own or lease. This requirement applies to motor vehicles 
operated in any State, Commonwealth, territory or possession of the 
United States, and the District of Columbia. The GSA Fleet will develop 
maintenance

[[Page 59601]]

programs for GSA Fleet vehicles. The scheduled maintenance program 
must:
    (a) Meet Federal, State, and local emission standards;
    (b) Meet manufacturer warranty requirements;
    (c) Ensure the safe and economical operating condition of the motor 
vehicle throughout its life; and
    (d) Ensure that inspections and servicing occur as recommended by 
the manufacturer or more often if local operating conditions require.


Sec. 102-34.290  Must our motor vehicles pass State inspections?

    Yes your motor vehicles must pass State inspections, where 
mandated.
    (a) Each motor vehicle owned or leased by the Government must pass 
Federally-mandated emission inspections in the jurisdictions in which 
they operate when required by State motor vehicle administrations or 
State environmental departments. You must reimburse State activities 
for the cost of these inspections if the fee is not waived. GSA will 
pay the cost of these inspections for motor vehicles leased from the 
GSA Fleet.
    (b) Motor vehicles owned or leased by the Government that are 
exempted from the display of U.S. Government license plates and motor 
vehicle identification must comply with emission and mechanical 
inspection programs of the State, Commonwealth, territory or possession 
of the United States or the District of Columbia in which they are 
regularly operated. Your agency must pay for these inspections, unless 
the fee is waived. Payment for these inspections for motor vehicles 
leased from the GSA Fleet are the responsibility of the using agency.


Sec. 102-34.295  Where can we obtain help in setting up a maintenance 
program?

    For help in setting up a maintenance programs, contact the: General 
Services Administration, Attn: MTV, Washington, DC 20405. Email: 
[email protected]

Subpart F--Motor Vehicle Accident Reporting


Sec. 102-34.300  What forms do I use to report an accident involving a 
motor vehicle owned or leased by the Government?

    GSA recommends the following forms for use to report an accident 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 
accident 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 accident.


Sec. 102-34.305  To whom do we send accident reports?

    Send accident 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 
accident to GSA in accordance with subpart 101-39.4 of this title.

Subpart G--Disposal of Motor Vehicles


Sec. 102-34.310  How do we dispose of a motor vehicle in any State, 
Commonwealth, territory or possession of the United States, or the 
District of Columbia?

    After meeting the replacement standards under subpart D of this 
part, you may dispose of a Government-owned motor vehicle by 
transferring the motor vehicle title, or manufacturer's Certificate of 
Origin, to the new owner. Detailed instructions on the disposal process 
are in parts 101-45 and 101-46 of this title.


Sec. 102-34.315  What forms do we use to transfer ownership when 
selling a motor vehicle?

    Use the following forms to transfer ownership:
    (a) Standard Form 97, The United States Government Certificate to 
Obtain Title to a Motor Vehicle, if both of the following apply:
    (1) The motor vehicle will be retitled by a State, Commonwealth, 
territory or possession of the United States or the District of 
Columbia; and
    (2) The purchaser intends to operate the motor vehicle on highways.

    Note to Sec. 102-34.315(a)(2): Do not use Standard Form 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. 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.

    (b) Standard Form 97 is optional in foreign countries because 
foreign governments may require the use of other forms.

    Note to Sec. 102-34.315: The original Standard Form 97 is 
printed on secure paper to identify readily any attempt to alter the 
form. The form is also pre-numbered to prevent duplicates. State 
motor vehicle agencies may reject certificates showing erasures or 
strikeovers.


Sec. 102-34.320  How do we distribute the completed Standard Form 97?

    Standard Form 97 is a 4-part set printed on continuous-feed paper. 
Distribute the form as follows:
    (a) Original SF 97 to the purchaser or donee.
    (b) One copy to the owning agency.
    (c) One copy to the contracting officer making the sale or transfer 
of the motor vehicle.
    (d) One copy under owning-agency directives.

Subpart H--Motor Vehicle Fueling


Sec. 102-34.325  How do we obtain fuel for motor vehicles?

    You may obtain fuel for any motor vehicle owned or leased by the 
Government by using:
    (a) A Government-issued charge card;
    (b) A Government agency fueling facility; or
    (c) Personal funds and obtaining reimbursement from your agency.


Sec. 102-34.330  What Government-issued charge cards may I use to 
purchase fuel and motor vehicle related services?

    (a) You may use a fleet charge card specifically issued for this 
purpose. These cards are designed to collect motor vehicle data at the 
time of purchase. Where appropriate, State sales and motor fuel taxes 
are deducted from fuel purchases by the fleet charge card services 
contractor before your agency is billed. The GSA contractor issued 
fleet charge card is the only Government-issued charge card that may be 
used for GSA Fleet motor vehicles. For further information on acquiring 
these fleet charge cards and their use, contact the: General Services 
Administration, Attn: FCX, Washington, DC 20406.
    (b) You may use a Government purchase card if you do not have a 
fleet charge card or if the use of such a government purchase card is 
required by your agency mission. However, the Government purchase card 
does not collect motor vehicle data nor does it deduct State sales and 
motor fuel taxes.


Sec. 102-34.335  What type of fuel do I use in motor vehicles?

    (a) Use the grade (octane rating) of fuel recommended by the motor 
vehicle manufacturer when fueling motor vehicles owned or leased by the 
Government.
    (b) Do not use premium grade gasoline in any motor vehicle owned or 
leased by the Government unless the motor vehicle specifically requires 
premium grade gasoline.

[[Page 59602]]

    (c) Use unleaded gasoline in all Government owned or leased motor 
vehicles designed to operate on gasoline and used overseas unless:
    (1) Such use would be in conflict with country-to-country or multi-
national logistics agreements; or
    (2) Such gasoline is not available locally.


Sec. 102-34.340  Do I have to use self-service fuel pumps?

    Yes. You must use self-service fuel pumps to the fullest extent 
possible.

Subpart I--Federal Motor Vehicle Fleet Report


Sec. 102-34.345  What is the Federal Motor Vehicle Fleet Report?

    The Federal Motor Vehicle Fleet Report is compiled by GSA annually 
from information submitted by Federal agencies on motor vehicle 
inventory, cost, and use data. GSA supplies copies of the report to the 
Congress, Federal agencies, and other organizations upon request.
    Recipients of this report use it to evaluate and analyze operations 
and management of the Federal motor vehicle fleet.


Sec. 102-34.350  What records do we need to keep?

    For owned motor vehicles, you are responsible for developing 
adequate accounting and reporting procedures to ensure accurate 
reporting of inventory, cost, and operational data needed to manage and 
control motor vehicles.


Sec. 102-34.355  When and how do we report motor vehicle data?

    (a) Within 75 calendar days after the end of the fiscal year, use 
Standard Form 82, Agency Report of Motor Vehicle Data, to report motor 
vehicle inventory, cost, and operating information. Send the Standard 
Form 82 to the: General Services Administration, Attn: MTV, Washington, 
DC 20405. Email: [email protected]
    (b) Use separate forms to report data for domestic and foreign 
fleets.
    (1) For motor vehicles lent to another agency during the reporting 
period, the owning agency reports all data.
    (2) For motor vehicles transferred from one owning agency to 
another, each agency reports data for the time it retained 
accountability.
    (c) Detailed instructions are included as part of the form. You can 
also complete the Standard Form 82 electronically using a computerized 
input medium. For further information, contact the: General Services 
Administration, Attn: MTV, Washington, DC 20405. Email: 
[email protected]

Subpart J--Forms


Sec. 102-34.360  How do we obtain the forms prescribed in this part?

    See Sec. 102-2.135 of this chapter for how to obtain forms 
prescribed in this part.

    Dated: October 19, 1999.
David J. Barram,
Administrator of General Services.
[FR Doc. 99-27747 Filed 11-1-99; 8:45 am]
BILLING CODE 6820-24-P