Federal Management Regulation; Motor Vehicle Management, 27636-27640 [06-4430]
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27636
Federal Register / Vol. 71, No. 92 / Friday, May 12, 2006 / Rules and Regulations
the Administrator of this final rule does
not affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
Reporting and recordkeeping
requirements, Volatile organic
compounds.
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
40 CFR Part 81
Authority: 42 U.S.C. 7401 et seq.
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Subpart B—Alabama
40 CFR Part 52
2. Section 52.50(e) is amended by
adding a new entry at the end of the
table for ‘‘8-Hour Ozone Maintenance
plan for the Birmingham area’’ to read
as follows:
40 CFR part 52 and 81 is amended as
follows:
List of Subjects
Dated: May 3, 2006.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
§ 52.50
I
I
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone,
*
Identification of plan
*
*
(e) * * *
*
*
EPA-APPROVED ALABAMA NON-REGULATORY PROVISIONS
Name of nonregulatory
SIP provision
State submittal
date/effective
date
Applicable geographic or
nonattainment area
*
*
8-Hour Ozone Maintenance plan
for the Birmingham area.
*
Jefferson County
County.
*
and
Shelby
01/26/06
EPA
approval
date
*
*
05/12/06 [Insert citation of publication].
Authority: 42 U.S.C. 7401 et seq.
PART 81—[AMENDED]
*
‘‘Birmingham, Alabama: Jefferson and
Shelby County’’ to read as follows:
2. In § 81.301, the table entitled
‘‘Alabama-Ozone (8–Hour Standard)’’ is
amended by revising the entry for
I
1. The authority citation for part 81
continues to read as follows:
I
Explanation
§ 81.301
*
*
Alabama.
*
*
*
ALABAMA-OZONE (8-HOUR STANDARD)
Designation a
Category/classification
Designated area
Date 1
Birmingham, AL:
Jefferson County ......................................................................................
Shelby County ..........................................................................................
*
*
*
06/12/06
06/12/06
*
Date 1
Type
Type
Attainment
Attainment
*
*
*
a Includes
1 This
Indian Country located in each county or area, except as otherwise specified.
date is June 15, 2004, unless otherwise noted.
Interim rule with request for
comments.
ACTION:
[FR Doc. 06–4435 Filed 5–11–06; 8:45 am]
BILLING CODE 6560–50–P
GENERAL SERVICES
ADMINISTRATION
41 CFR Part 102–34
[FMR Amendment 2006–03; FMR Case
2006–102–1]
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RIN 3090–AH68
Federal Management Regulation;
Motor Vehicle Management
Office of Governmentwide
Policy, General Services Administration
(GSA).
AGENCY:
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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
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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 Internetbased reporting tool.
This interim rule also requires
agencies to have an agency-wide fleet
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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
https://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: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Agency Web Site: https://
www.gsa.gov/fmr. Click on FMR Interim
Rules, and the FMR case number to
submit comments.
• E-mail: fmrcase.2006–102–
1@gsa.gov. 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 https://www.gsa.gov/
fmr, including any personal information
provided. Click on FMR Public
Comments.
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
vehicle.policy@gsa.gov. Please cite FMR
case 2006–102–1.
SUPPLEMENTARY INFORMATION:
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FOR FURTHER INFORMATION CONTACT:
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16:08 May 11, 2006
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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
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27637
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.
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Federal Register / Vol. 71, No. 92 / Friday, May 12, 2006 / Rules and Regulations
Dated: February 1, 2006.
David L. Bibb,
Acting Administrator of General Services.
vehicle is without a rear window or
where identification on the rear window
would not be easily seen.
*
*
*
*
*
For the reasons set forth in the
preamble, 41 CFR part 102–34 is
amended as follows:
I
Note to § 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.
PART 102–34—MOTOR VEHICLE
MANAGEMENT
I
I 5. Add § 102–34.131 to read as
follows:
Authority: 40 U.S.C. 121(c); 40 U.S.C.
17503.
§ 102–34.131 Can official U.S. Government
license plates be used on motor vehicles
not owned or leased by the Government?
1. The authority citation for part 102–
34 is amended to read as follows:
2. Revise § 102–34.55 to read as
follows:
I
No, official U.S. Government license
plates may only be used on motor
vehicles that are owned or leased by the
Government.
I 6. Revise § 102–34.135 to read as
follows:
§ 102–34.55 What are the minimum fleet
average fuel economy standards?
The minimum fleet average fuel
economy standards appear in the
following table:
§ 102–34.135 Do we need to register motor
vehicles owned or leased by the
Government?
FLEET AVERAGE FUEL ECONOMY
STANDARDS 1
Passenger
automobile 2
Fiscal year
2005 ...........
2006 ...........
2007 ...........
Light
truck 3,4
27.5
27.5
27.5
21.0
21.6
22.2
1 These
figures represent miles/gallon.
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.
2 Established
3. Revise § 102–34.110 to read as
follows:
I
§ 102–34.110 What motor vehicle
identification must we put on motor
vehicles we purchase or lease?
Unless exempted under sections
§ 102–34.180, § 102–34.195 or § 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.
I 4. Amend § 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:
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§ 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
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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 § 102–34.180, § 102–
34.195, or § 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.
I 7. Revise § 102–34.140 to read as
follows:
§ 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:
vehicle.policy@gsa.gov.
Note to § 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 § 102–34.160 to read as
follows:
I
§ 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).
§ 102–34.170
I
[Removed and Reserved]
9. Remove and reserve § 102–34.170.
§ 102–34.180
[Amended]
10. Amend § 102–34.180 by removing
the note at the end of the section.
I 11. Revise § 102–34.195 to read as
follows:
I
§ 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.
I 12. Amend § 102–34.200 by revising
the section heading and adding a note
to the end of the section to read as
follows:
§ 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 § 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.
13. Revise § 102–34.210 to read as
follows:
I
§ 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
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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.
I 14. Revise § 102–34.255 to read as
follows:
§ 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.
I 15. Add § 102–34.256 to read as
follows:
§ 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.
I 16. Revise § 102–34.260 to read as
follows:
§ 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.
I 17. Revise § 102–34.300 to read as
follows:
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To whom do we send crash
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.
§ 102–34.310
[Amended]
19. Amend § 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.
I 20. Amend § 102–34.315 by revising
the note to § 102–34.315(a)(2) to read as
follows:
I
§ 102–34.315 What forms do we use to
transfer ownership when selling a motor
vehicle?
*
*
*
*
*
Note to § 102–34.315(a)(2): Do not use
Standard Form (SF) 97 if the Governmentowned 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 SlipSale of Government Personal Property, and
Standard Form 114, Sale of Government
Property—Bid and Award.
*
*
*
*
21. Amend § 102–34.330 by adding a
note at the end of the section to read as
follows:
I
§ 102–34.330 What Government-issued
charge cards may I use to purchase fuel
and motor vehicle related services?
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.
16:08 May 11, 2006
§ 102–34.305
reports?
*
§ 102–34.300 What forms do I use to report
a crash involving a motor vehicle owned or
leased by the Government?
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(b) Standard Form 94, Statement of
Witness. This form should be completed
by any witness to the crash.
I 18. Revise § 102–34.305 to read as
follows:
*
*
*
*
*
Note to § 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.
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22. Revise § 102–34.345 to read as
follows:
I
§ 102–34.345
Report?
What is the Federal Fleet
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 (https://www.gsa.gov/
vehiclepolicy).
I 23. Add § 102–34.346 to read as
follows:
§ 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 https://
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 § 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.)
24. Add § 102–34.347 to read as
follows:
I
§ 102–34.347 Do we need a fleet
management information system?
Yes, you must have a fleet
management information system that—
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(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 § 102–34.346).
[FR Doc. 06–4430 Filed 5–11–06; 8:45 am]
BILLING CODE 6820–14–S
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 204
[DFARS Case 2003–D052]
Defense Federal Acquisition
Regulation Supplement; Authorization
for Continued Contracts
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
SUMMARY: DoD has issued a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to add policy permitting the
assignment of an additional
identification number to an existing
contract for administrative purposes.
This rule is a result of a transformation
initiative undertaken by DoD to
dramatically change the purpose and
content of the DFARS.
DATES: Effective Date: May 12, 2006.
FOR FURTHER INFORMATION CONTACT: Ms.
Deborah Tronic, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), IMD 3C132, 3062
Defense Pentagon, Washington, DC
20301–3062. Telephone (703) 602–0289;
facsimile (703) 602–0350. Please cite
DFARS Case 2003–D052.
SUPPLEMENTARY INFORMATION:
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A. Background
DFARS Transformation is a major
DoD initiative to dramatically change
the purpose and content of the DFARS.
The objective is to improve the
efficiency and effectiveness of the
acquisition process, while allowing the
acquisition workforce the flexibility to
innovate. The transformed DFARS will
contain only requirements of law, DoDwide policies, delegations of FAR
authorities, deviations from FAR
requirements, and policies/procedures
VerDate Aug<31>2005
16:08 May 11, 2006
Jkt 208001
that have a significant effect beyond the
internal operating procedures of DoD or
a significant cost or administrative
impact on contractors or offerors.
Additional information on the DFARS
Transformation initiative is available at
https://www.acq.osd.mil/dpap/dars/
dfars/transformation/index.htm.
This final rule is a result of the
DFARS Transformation initiative. The
rule permits DoD contracting activities
to assign an additional identification
number to an existing contract by
issuing a separate ‘‘continued’’ contract,
when continued performance under the
existing contract number is not practical
for administrative reasons. The
continued contract will incorporate all
prices, terms, and conditions of the
predecessor contract. Use of this
procedure is expected to be limited, but
will help to simplify administration,
payment, and closeout of lengthy,
complex contracts; and will help in
situations where a contracting activity
has exhausted its assigned series of
identification numbers for orders placed
against another activity’s contract.
DoD published a proposed rule at 70
FR 23826 on May 5, 2005. One DoD
contracting activity submitted
comments requesting clarification of
administrative matters pertaining to the
Government’s execution of this new
procedure. A new section has been
added to the DFARS companion
resource, Procedures, Guidance, and
Information (PGI), at PGI 204.7001
(https://www.acq.osd.mil/dpap/dars/
pgi), to provide supplemental guidance
to contracting officers regarding use of
this procedure.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
B. Regulatory Flexibility Act
DoD certifies that this final rule will
not 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 addresses an
administrative procedure that is
performed by the Government. A
continued contract does not constitute a
new procurement and will incorporate
all prices, terms, and conditions of the
predecessor contract.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply, because the rule does not
impose any information collection
requirements that require the approval
of the Office of Management and Budget
under 44 U.S.C. 3501, et seq.
PO 00000
Frm 00058
Fmt 4700
Sfmt 4700
List of Subjects in 48 CFR Part 204
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR Part 204 is
amended as follows:
I
PART 204—ADMINISTRATIVE
MATTERS
1. The authority citation for 48 CFR
Part 204 continues to read as follows:
I
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
2. Section 204.7001 is revised to read
as follows:
I
204.7001
Policy.
(a) Use the uniform procurement
instrument identification (PII)
numbering system prescribed by this
subpart for the solicitation/contract
instruments described in 204.7003 and
204.7004.
(b) Retain the basic PII number
unchanged for the life of the instrument
unless the conditions in paragraph (c) of
this section exist.
(c)(1) If continued performance under
a contract number is not possible or is
not in the Government’s best interest
solely for administrative reasons (e.g.,
when the supplementary PII serial
numbering system is exhausted or for
lengthy major systems contracts with
multiple options), the contracting officer
may assign an additional PII number by
issuing a separate continued contract to
permit continued contract performance.
(2) A continued contract—
(i) Does not constitute a new
procurement;
(ii) Incorporates all prices, terms, and
conditions of the predecessor contract
effective at the time of issuance of the
continued contract;
(iii) Operates as a separate contract
independent of the predecessor contract
once issued; and
(iv) Shall not evade competition,
expand the scope of work, or extend the
period of performance beyond that of
the predecessor contract.
(3) When issuing a continued
contract, the contracting officer shall—
(i) Issue an administrative
modification to the predecessor contract
to clearly state that—
(A) Any future awards provided for
under the terms of the predecessor
contract (e.g., issuance of orders or
exercise of options) will be
accomplished under the continued
contract; and
(B) Supplies and services already
acquired under the predecessor contract
E:\FR\FM\12MYR1.SGM
12MYR1
Agencies
[Federal Register Volume 71, Number 92 (Friday, May 12, 2006)]
[Rules and Regulations]
[Pages 27636-27640]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-4430]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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: https://www.regulations.gov.
Follow the instructions for submitting comments.
Agency Web Site: https://www.gsa.gov/fmr. Click on FMR
Interim Rules, and the FMR case number to submit comments.
E-mail: fmrcase.2006-102-1@gsa.gov. 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 https://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 vehicle.policy@gsa.gov. 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.
0
For the reasons set forth in the preamble, 41 CFR part 102-34 is
amended as follows:
PART 102-34--MOTOR VEHICLE MANAGEMENT
0
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.
0
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.
0
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: vehicle.policy@gsa.gov.
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.
0
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]
0
9. Remove and reserve Sec. 102-34.170.
Sec. 102-34.180 [Amended]
0
10. Amend Sec. 102-34.180 by removing the note at the end of the
section.
0
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.
0
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.
0
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.
0
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.
0
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]
0
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.
* * * * *
0
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 (https://www.gsa.gov/vehiclepolicy).
0
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 https://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.)
0
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