322 Federal Register / Vol. 62, No. 2 / Friday, January 3, 1997 / Rules and Regulations

The remaining balance shall be

available for remission or mitigation.

The Ruling Official shall direct the

distribution of the remaining balance in

the following order or priority, except

that the Ruling Official may exercise

discretion in determining the priority

between petitioners belonging to classes

described in paragraphs (a)(3) and (4) of

this section in exceptional

circumstances:

(1) Owners;

(2) Lienholders;

(3) Federal financial institution

regulatory agencies (pursuant to

paragraph (e) of this section), not

constituting owners or lienholders; and

(4) Victims not constituting owners or

lienholders (pursuant to § 9.8).

(b) Sale or disposition of property

prior to ruling. If forfeited property has

been sold or otherwise disposed of prior

to a ruling, the Ruling Official may grant

relief in the form of a monetary amount.

The amount realized by the sale of the

property is presumed to be the value of

the property. Monetary relief shall not

be greater than the appraised value of

the property at the time of seizure and

shall not exceed the amount realized

from the sale or other disposition. The

proceeds of the sale shall be distributed

as follows:

(1) Payment of the government’s

expenses incurred incident to the

forfeiture and sale, including court costs

and storage charges, if any;

(2) Payment to the petitioner of an

amount up to his or her interest in the

property;

(3) Payment to the Assets Forfeiture

Fund of all other costs and expenses

incident to the forfeiture;

(4) In the case of victims, payment of

any amount up to the amount of his or

her loss; and

(5) Payment of the balance remaining,

if any, to the Assets Forfeiture Fund.

(c) Trustees and other assistants. In

the exercise of his or her discretion, the

Ruling Official, with the approval of the

Asset Forfeiture and Money Laundering

Section, may use the services of a

trustee, other government official, or

appointed contractors to notify potential

petitioners, process petitions, and make

recommendations to the Ruling Official

on the distribution of property to

petitioners. The expense for such

assistance shall be paid out of the

forfeited funds.

(d) Other agencies of the United

States. Where another agency of the

United States is entitled to remission or

mitigation of forfeited assets because of

an interest that is recognizable under

this part or is eligible for such transfer

pursuant to 18 U.S.C. 981(e)(6), such

agency shall request the transfer in

writing, in addition to complying with

any applicable provisions of §§ 9.3

through 9.5. The decision to make such

transfer shall be made in writing by the

Ruling Official.

(e) Financial institution regulatory

agencies. A Ruling Official may direct

the transfer of property under 18 U.S.C.

981(e) to certain federal financial

institution regulatory agencies or an

entity acting in their behalf, upon

receipt of a written request, in lieu of

ruling on a petition for remission or

mitigation.

(f) Transfers to foreign governments.

A Ruling Official may decline to grant

remission to any petitioner other than

an owner or lienholder so that forfeited

assets may be transferred to a foreign

government pursuant to 18 U.S.C.

981(i)(1), 19 U.S.C. 1616a(c)(2), or 21

U.S.C. 881(e)(1)(E).

(g) Filing by attorneys. (1) A petition

for remission or mitigation may be filed

by a petitioner or by his or her attorney

or legal guardian. If an attorney files on

behalf of the petitioner, the petition

must include a signed and sworn

statement by the client-petitioner stating

that:

(i) The attorney has the authority to

represent the petitioner in this

proceeding;

(ii) The petitioner has fully reviewed

the petition; and

(iii) The petition is truthful and

accurate in every respect.

(2) Verbal notification of

representation is not acceptable.

Responses and notification of rulings

shall not be sent to an attorney claiming

to represent a petitioner unless a written

notice of representation is filed. No

extensions of time shall be granted due

to delays in submission of the notice of

representation.

(h) Consolidated petitions. At the

discretion of the Ruling Official in

individual cases, a petition may be filed

by one petitioner on behalf of other

petitioners, provided the petitions are

based on similar underlying facts, and

the petitioner who files the petition has

written authority to do so on behalf of

the other petitioners. This authority

must be either expressed in documents

giving the petitioner the authority to file

petitions for remission, or reasonably

implied from documents giving the

petitioner express authority to file

claims or lawsuits related to the course

of conduct in question on behalf of

these petitioners. An insurer or an

administrator of an employee benefit

plan, for example, which itself has

standing to file a petition as a ‘‘victim’’

within the meaning of § 9.2(v), may also

file a petition on behalf of its insured or

plan beneficiaries for any claims they

may have based on co-payments made

to the perpetrator of the offense

underlying the forfeiture or the

perpetrator of a ‘‘related offense’’ within

the meaning of § 9.2(s), if the authority

to file claims or lawsuits is contained in

the document or documents establishing

the plan. Where such a petition is filed,

any amounts granted as a remission

must be transferred to the other

petitioners, not the party filing the

petition; although, in his or her

discretion, the Ruling Official may use

the actual petitioner as an intermediary

for transferring the amounts authorized

as a remission to the other petitioners.

Dated: December 19, 1996.

Janet Reno,

Attorney General.

[FR Doc. 97–117 Filed 1–2–97; 8:45 am]

BILLING CODE 4410–14–M

GENERAL SERVICES

ADMINISTRATION

41 CFR Part 101–38

[FPMR Amendment G–111]

RIN 3090–AG26

Motor Vehicles

AGENCY: Office of Governmentwide

Policy, GSA.

ACTION: Final rule.

SUMMARY: This regulation updates fuel

economy standards; provides references

to the newly-established General

Services Administration (GSA) Office of

Governmentwide Policy; updates

reporting requirements pertaining to

leasing vehicles from commercial

activities; updates organizational titles

within the Departments of Agriculture,

Labor and the Treasury; and provides

unlimited exemptions from the

requirement to display official U.S.

Government tags and other

identification for certain activities of the

Environmental Protection Agency, GSA,

and the Departments of Defense,

Housing and Urban Development,

Transportation, and Veterans Affairs

(VA). The regulation also revises

residence to place of employment

procedures for users of GSA Interagency

Fleet Management System vehicles;

revises restrictions on the use of leaded

gasoline in Government-owned or

-leased motor vehicles; reformats the

Table of Minimum Replacement

Standards; revises requirements for the

use of the SF 149, U.S. Government

National Credit Card, and SF 149A, U.S.

Government Fleet Credit Card, and

makes minor editorial changes. This
Federal Register / Vol. 62, No. 2 / Friday, January 3, 1997 / Rules and Regulations 323

regulation is issued to show new

references to the GSA Office of

Governmentwide Policy; reflect new

fuel economy standards issued by the

Secretary of Transportation, to update

exemptions for the identification of

motor vehicles, to update gasoline

requirements for Government operated

motor vehicles; to provide a separate

replacement category for ambulances, to

delete the restriction that fuel credit

cards cannot be used for vehicles leased

or rented from commercial sources for

less than 60 continuous days, and to

update the regulation in light of current

industry practices, other regulatory

requirements, and improved readability.

The intended result is to reduce

administrative burdens on agencies, to

update 41 CFR Part 38 in light of other

regulatory issuances, to provide updated

fuel economy standards, to update the

list of activities authorized exemption

from the requirement to display official

U.S. Government identification and

license plates, and to correct

organizational structure inconsistencies

caused by agency reorganizations.

EFFECTIVE DATE: January 3, 1997.

FOR FURTHER INFORMATION CONTACT:

Michael W. Moses, Office of

Governmentwide Policy, Federal

Vehicle Policy Division (202–501–2507)

or E-mail at mike.moses@gsa.gov.

SUPPLEMENTARY INFORMATION: The GSA

has determined that this rule is not a

significant rule for the purposes of

Executive Order 12866.

Regulatory Flexibility Act

This final rule is not required to be

published in the Federal Register for

notice and comment. Therefore, the

Regulatory Flexibility Act does not

apply.

GSA has established the Office of

Governmentwide Policy (OGP) in

response to President Clinton’s request

for GSA to place greater emphasis on its

policy functions. The new Federal

Vehicle Policy Division (MTV), within

the Office of Transportation and

Personal Property of OGP, is tasked with

establishing Governmentwide policies

that promote efficiency and economy in

the operation of Federal agency vehicle

fleets. Some of the Governmentwide

functions previously performed by the

GSA Interagency Fleet Management

Division are now the responsibility of

this new office. The regulation is being

updated to reflect this new office, where

appropriate.

GSA’s Interagency Fleet Management

System (IFMS) has been a ‘‘provider of

choice’’ since its inception in 1954.

Vehicle support from the IFMS has

historically been based upon mutual

agreement between GSA and executive

agencies based on cost effectiveness and

the availability of vehicles. The

regulation currently requires executive

agencies desiring to lease vehicles for 60

consecutive days or more to first obtain

a determination from GSA of whether

vehicle requirements can be satisfied

through the IFMS. This requirement

may be interpreted to mean that the

IFMS is a mandatory source for vehicle

services. Accordingly, the regulation is

revised to remove this requirement.

The Secretary of Transportation

establishes yearly fleet average fuel

economy standards for passenger

automobiles and light trucks. Prior to

this amendment, 41 CFR 101–38.104

provided fuel economy standards

through fiscal year 1995 for passenger

automobiles and through fiscal year

1994 for light trucks. The Secretary of

Transportation has established fuel

economy standards for passenger

automobiles through fiscal year 1998,

and for light trucks through fiscal year

1997. Accordingly, the FPMR is updated

by this amendment to reflect these

additional standards.

On May 1, 1996, the Defense Logistics

Agency (DLA) requested an unlimited

exemption from the requirement to

display U.S. Government identification

on vehicles used for intelligence,

investigative, or security purposes. This

request was approved by GSA.

On April 29, 1996, the Environmental

Protection Agency requested an

unlimited exemption from the

requirement to display U.S. Government

identification on vehicles used for law

enforcement and investigative duties.

The request was specifically for the

Office of Inspector General and the

Office of Enforcement and Compliance

Assurance. This request was approved

by GSA.

On April 9, 1996, the GSA Public

Buildings Service requested an

unlimited exemption from the

requirement to display U.S. Government

identification on vehicles assigned to

the GSA Federal Protective Service. The

request specifically identified Special

Agents of the GSA Federal Protective

Service engaged in criminal

investigations and surveillance

activities. On May 10, 1996, a similar

request was received for the GSA Office

of Inspector General. These requests

were approved by GSA.

On January 30, 1996, the Department

of Transportation, Federal Highway

Administration requested an unlimited

exemption from the requirement to

display U.S. Government identification

in lieu of requesting a continuation of

the limited exemption now in effect.

The request specifically identified

Special Agents of the Idaho Division

Office of Motor Carriers, Federal

Highway Administration. This request

was approved by GSA.

On October 12, 1995, the Department

of the Treasury requested that Federal

Property Management Regulations,

§ 101–38.204–1(u), be corrected to

reflect current organizational titles for

activities within the Bureau of Alcohol,

Tobacco, and Firearms (ATF).

Specifically, the request stated that the

Office of Criminal Enforcement and the

Office of Internal Affairs within ATF

had been changed on October 1, 1994,

to the Office of Enforcement and the

Office of Inspection. On May 6, 1996,

the Department of Labor requested that

§ 101–38.204–1(m) be corrected to

reflect an organizational change within

DOL. Specifically, the Office of

Manpower Administration (Bureau of

Apprenticeship and Training) is now

identified as the Employment and

Training Administration. A similar

request to correct organizational titles

within § 101–38.204–1(b) was received

from the Department of Agriculture on

May 15, 1996. The regulation is being

changed to reflect these new titles.

On May 7, 1996, the Department of

Housing and Urban Development

requested an unlimited exemption from

the requirement to display official U.S.

Government tags and other

identification for vehicles used by the

Office of Inspector General for law

enforcement and investigative purposes.

GSA approved this request.

On August 7, 1995, the Department of

Veterans Affairs requested an unlimited

exemption from the requirement to

display official U.S. Government tags

and other identification for regional

Field Inspectors and Property

Management Inspectors. GSA approved

this request on August 22, 1995, and is

changing this regulation to reflect this

additional exemption.

Prior to May 1993, the GSA

Interagency Fleet Management Division

(IFMS) required customer agencies to

notify the servicing GSA Fleet

Management Center when vehicle

operators were allowed residence to

place of employment travel in IFMS

vehicles. When GSA’s internal

handbook was rewritten in May 1993,

this requirement was deleted to reduce

the workload on customer agencies and

GSA. This regulation removes this

reporting requirement.

On February 2, 1996, the

Environmental Protection Agency

published a direct final rule titled

Prohibition on Gasoline Containing

Lead or Lead Additives for Highway Use

(40 CFR part 80). The regulation

promulgated provisions in the Clean Air
324 Federal Register / Vol. 62, No. 2 / Friday, January 3, 1997 / Rules and Regulations

Act which prohibit the introduction of

gasoline containing lead or lead

additives into commerce for use as a

motor vehicle fuel after December 31,

1995. Accordingly, the provisions in 41

CFR 101–38.401–1 concerning the

restrictions on the use of leaded

gasoline in Government-owned or

-leased motor vehicles operated within

the 50 States is no longer needed and is

being removed.

Federal Property Management

Regulations Amendment G–78 was

issued on April 4, 1986. This

amendment reformatted FPMR Parts

101–38 and 101–39 to separate issues

covering the Federal fleet as a whole

and issues concerning interagency

motor pool management. Prior to the

issuance of FPMR G–78, minimum

replacement standards for ambulances

were identified as a separate entity.

Amendment G–78 grouped ambulances

with sedans and station wagons under

a passenger vehicle category. The

Department of Defense (DOD) has

requested that ambulances be returned

to a separate category, since ambulances

are routinely classified as special

purpose vehicles built and operated for

a distinct purpose other than

transporting passengers. GSA agrees

with DOD’s request and is revising the

Table of Minimum Replacement

Standards accordingly.

The Department of Health and Human

Services, Food and Drug

Administration, has requested a

deviation from § 101–38.800 of the

FPMR. The agency’s investigative

mission requires the short- term rental

of commercial motor vehicles on a

routine basis. The regulation now states

that Government fuel credit cards can

only be used for vehicles rented or

leased for 60 continuous days or more;

thus, an agency must pay cash for fuel

purchases and be reimbursed through

imprest funds. This procedure is time

consuming and does not take advantage

of the Government’s exemption from

State sales taxes. Additionally, with the

discontinuance of GSA IFMS dispatch

vehicle services at most locations, the

Government has increased its reliance

on the commercial sector for short-term

vehicle needs. GSA has decided that the

60-day restriction is burdensome for the

Government as a whole and no longer

makes good economic sense. This

restriction is being removed.

On April 16, 1996, GSA informally

sent a draft copy of this amendment to

all major Federal agencies asking for

their comment on the proposed changes

and to solicit additional changes not

included in that draft. Comments were

received from the Departments of

Agriculture, Defense, Labor, Treasury,

and Veterans Affairs and the

Environmental Protection Agency.

These comments involved changes in

organizational structures, additional

exemptions to 41 CFR 101–38.204–1,

and editorial changes to improve

readability. These comments are

addressed in this amendment.

List of Subjects

41 CFR Part 101–38

Energy conservation, Government

property management, Motor vehicles,

Reporting and record keeping

requirements.

For the reasons set out in the

preamble, 41 CFR Part 101–38 is

amended as follows:

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)).

PART 101–38—MOTOR EQUIPMENT

MANAGEMENT

1a. The heading of Part 101–38 is

revised to read as set forth above.

2. Section 101–38.001–19 is revised to

read as follows:

§ 101–38.001–19 Light truck.

Light truck means a truck up to 8,500

pounds gross vehicle weight rating

(GVWR), which is a four-wheeled

vehicle propelled by fuel (gasoline,

diesel, or an alternative fuel such as

natural gas, ethanol, or methanol), is

manufactured primarily for use on

public streets, roads, and highways, and

is contained in Federal Standard No.

307 (Trucks: Light commercial, twowheel drive) or Federal Standard No.

292 (Trucks: Light commercial, fourwheel drive).

3. Section 101–38.104 is amended by

revising paragraphs (b)(2), (b)(3), and

(b)(4) (ii) (A) through (E) to read as

follows:

§ 101–38.104 Fuel efficient passenger

automobiles and light trucks.

* * * * *

(b) * * *

(1) * * *

(2) The Federal fleet program enables

GSA to determine the total fleet average

fuel economy achieved by all executive

agencies at the end of each fiscal year

and to provide management assistance

to agencies to ensure compliance with

Executive Order 12375. Copies or

synopses of actual vehicle leases and

vehicle purchases not procured through

the GSA Automotive Center shall be

forwarded to the General Services

Administration, ATTN: MTV,

Washington, DC 20405, not later than

December 1st of each year, in

accordance with the requirements set

forth in § 101–38.105.

(3) Passenger automobiles and light

trucks acquired by executive agencies

must meet the fleet average fuel

economy objectives set forth below for

the appropriate fiscal year:

Fiscal year

Miles per gallon

Average 1

fuel economy standardPassenger

automobiles

Light trucks

Fleet average fuel 2

economy

4 × 2

Fleet average fuel 2

economy

4 × 4

1977 .................................................................................................................................. 18.0 18.0

1978 .................................................................................................................................. 18.0 20.0

1979 .................................................................................................................................. 19.0 22.0 17.2 15.8

1980 .................................................................................................................................. 20.0 24.0 16.0 14.0

1981 .................................................................................................................................. 22.0 26.0 16.7 15.0

1982 .................................................................................................................................. 24.0 24.0 18.0 16.0

1983 .................................................................................................................................. 26.0 26.0 19.5 17.5

1984 .................................................................................................................................. 27.0 27.0 20.3 18.5

1985 .................................................................................................................................. 27.5 27.5 19.7 18.9

1986 .................................................................................................................................. 26.0 26.0 20.5 19.5

1987 .................................................................................................................................. 26.0 26.0 21.0 19.5

1988 .................................................................................................................................. 26.0 26.0 21.0 19.5
Federal Register / Vol. 62, No. 2 / Friday, January 3, 1997 / Rules and Regulations 325

Fiscal year

Miles per gallon

Average 1

fuel economy standardPassenger

automobiles

Light trucks

Fleet average fuel 2

economy

4 × 2

Fleet average fuel 2

economy

4 × 4

1989 .................................................................................................................................. 26.5 26.5 21.5 19.0

1990 .................................................................................................................................. 27.5 27.5 20.5 19.0

1991 .................................................................................................................................. 27.5 27.5 20.7 19.1

1992 .................................................................................................................................. 27.5 27.5 3 20.2 3 20.2

1993 .................................................................................................................................. 27.5 27.5 3 20.4 3 20.4

1994 .................................................................................................................................. 27.5 27.5 3 20.5 3 20.5

1995 .................................................................................................................................. 27.5 27.5 3 20.6 3 20.6

1996 .................................................................................................................................. 27.5 27.5 3 20.7 3 20.7

1997 .................................................................................................................................. 27.5 27.5 3 20.7 3 20.7

1998 and beyond .............................................................................................................. 27.5 27.5 (4) (4)

* * * * *

(4) * * *

(ii) * * *

(A) Six-cylinder automatic

transmission passenger vans and cargo

vans (200) divided by 22.1 mpg, plus

(B) Eight-cylinder automatic

transmission passenger vans and cargo

vans (75) divided by 19.2 mpg, plus

(C) Six-cylinder manual transmission

pick-ups (100) divided by 20.8 mpg,

plus

(D) Sic-cylinder automatic

transmission pick-ups (200) divided by

20.5 mpg, plus

(E) Six-cylinder automatic

transmission compact van wagons (25)

divided by 23.4 mpg.

=

+ + + +

= + + + +

= = ( )

600

200

22 1

75

19 2

100

20

200

20 5

25

23 4

600

9 0490 3 9063 4 9 7561 1 0684

600

28 5883

20 9876 0 1

. . .8 . .

. . .8077 . .

. . . Rounded to nearest mpg

* * * * *

4. Section 101–38.105 is amended by

revising paragraphs (a), (e), (h) and (i) to

read as follows:

§ 101–38.105 Agency purchase and lease

of motor vehicles.

(a) Executive agencies that obtain a

waiver of the provisions of § 101–

26.501–1 in accordance with paragraphs

(b) and (c) of that section may acquire

vehicles without using the services of

the GSA Automotive Center. Copies or

synopses of actual vehicle leases and

purchases acquired for domestic fleets

which are not acquired through the GSA

Automotive Center will be furnished to

the General Services Administration,

ATTN: MTV, Washington, DC 20405.

Each submission shall use the

unadjusted combined city/highway

mileage ratings for passenger

automobiles and light trucks developed

by the Environmental Protection Agency

(EPA) for each fiscal year. The

submissions shall be forwarded to GSA

as soon as possible after the purchase or

effective date of the lease. All

submissions for the previous fiscal year

shall reach GSA by December 1st of

each year. GSA issues information

concerning the EPA mileage ratings and

miles per gallon rating guidance to

assist agencies in the timely planning of

their acquisitions. Agencies not

intending to purchase or lease vehicles

or agencies that satisfy their total motor

vehicle requirements through the GSA

Interagency Fleet Management System

shall so inform GSA.

* * * * *

(e) In order to maintain a master

record of all leased passenger vehicles

and light trucks under 8,500 pounds

(GVWR), agencies shall forward to the

General Services Administration,

ATTN: MTV, Washington, DC 20405,

copies or synopses of lease agreements

for those vehicles leased for a period of

60 continuous days or more, or they

may submit the following information:

(1) Number of vehicles, by category;

(2) Year;

(3) Make;

(4) Model;

(5) Transmission type (if manual,

number of forward speeds);

(6) Cubic inch displacement;

(7) Fuel type (i.e., gasoline or

alternative fuel);

(8) Monthly lease cost;

(9) Duration of lease (include option

to renew);

(10) Vehicle type (4X2 or 4X4—light

trucks only);

(11) Gross vehicle weight rating

(GVWR): Light trucks only; and

(12) Lessor’s name and address.

* * * * *

(h) Agencies may request GSA

assistance when planning their

acquisitions by contacting the General

Services Administration, Attn: MTV,

Washington, DC 20405.

(i) Information concerning vehicles

purchased for agencies by the GSA

Automotive Center is provided
326 Federal Register / Vol. 62, No. 2 / Friday, January 3, 1997 / Rules and Regulations

internally; therefore, vehicles procured

by GSA are not required to be reported.

§ 101–38.106 [Removed]

5. Section 101–38.106 is removed.

6. Section 101–38.200 is amended by

revising paragraphs (f) and (g) to read as

follows:

§ 101–38.200 General requirements.

* * * * *

(f) Exemptions, in addition to those

authorized in §§ 101–38.204–1 and 101–

38.204–2 may be authorized by the head

of the agency or designee upon written

certification that conspicuous

identification will interfere with the

purpose for which the motor vehicle is

used. This certification shall be

maintained at the agency headquarters.

A copy of this certification shall also be

provided to the General Services

Administration, Attn: FBF, Washington,

DC 20406, if the vehicle is obtained

through the GSA Interagency Fleet

Management System. Approval by GSA

will not be required. The certification

must state that the motor vehicle(s) is

(are) acquired and used primarily for the

purpose of investigative, law

enforcement, or intelligence duties

involving security activities or for safety

of the vehicle’s occupant(s), and that the

identification of the motor vehicle(s)

would interfere with the discharge of

such duties or endanger the security of

individuals or the United States

Government. Vehicles regularly used for

common administrative purposes not

directly connected with the

performance of law enforcement,

investigative, or intelligence duties

involving security activities shall not be

exempt. All exemptions granted under

the provisions of this § 101–38.200(f) are

limited to 1 year. If the requirement for

exemption still exists at the end of the

year, the agency shall recertify its intent

to continue the exemption. A copy of

this certification shall be forwarded to

GSA if the vehicle is leased from the

GSA Interagency Fleet Management

System.

(g) Certain organizational units of

Federal agencies may be authorized to

remove official Government markings

and substitute license plates issued by

the appropriate State, Commonwealth,

territory, or possession whenever the

agency head or designee determines that

temporary removal is in the public

interest. A written determination and

justification for temporary removal of

official Government markings shall be

maintained at the agency headquarters.

This determination shall also be

submitted to the General Services

Administration, Attn: FBF, Washington,

DC 20406, if the vehicle is leased from

the GSA Interagency Fleet Management

System.

7. Section 101–38.202–2 is amended

by revising paragraph (b)(1) to read as

follows:

§ 101–38.202–2 Outside the District of

Columbia.

* * * * *

(b) * * *

(1) Purchase orders shall include the

code letters to be imprinted on the tags;

the dates on which deliveries are

required; the consignee and shipping

instructions; the symbol number of the

appropriation to be charged; and the

signature of an officer authorized to

obligate the cited appropriation.

* * * * *

8. Section 101–38.202–4 is revised to

read as follows:

§ 101–38.202–4 Numbering and coding.

Official U.S. Government tags shall be

numbered serially for each executive

agency, beginning with 101, and shall

be preceded by a letter code designating

the agency having accountability for the

motor vehicles as follows:

ACTION ......................................................................................................................................................................................................... ACT

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 Commissary Agency ........................................................................................................................................................................ DECA

Defense Contract Audit Agency ................................................................................................................................................................... DA

Defense, Department of ................................................................................................................................................................................. D

Defense Logistics Agency ............................................................................................................................................................................. DLA

District of Columbia Redevelopment Land Agency .................................................................................................................................... LA

Education, Department of ............................................................................................................................................................................. ED

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

Export-Import Bank of the United States .................................................................................................................................................... EB

Federal Communications Commission ........................................................................................................................................................ FC

Federal Deposit Insurance Corporation ....................................................................................................................................................... FD

Federal Emergency Management Agency .................................................................................................................................................... FE

Federal Home Loan Bank Board .................................................................................................................................................................. FB

Federal Mediation and Conciliation Service ............................................................................................................................................... FM

Federal Reserve System ................................................................................................................................................................................ FR

Federal Trade Commission ........................................................................................................................................................................... FT

General Accounting Office ........................................................................................................................................................................... GA

General Services Administration ................................................................................................................................................................. GS

Government Printing Office .......................................................................................................................................................................... GP

Health and Human Services, Department of ............................................................................................................................................... HHS

Housing and Urban Development, Department of ...................................................................................................................................... H

Interagency Fleet Management System, GSA .............................................................................................................................................. G

Interior, Department of ................................................................................................................................................................................. 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
Federal Register / Vol. 62, No. 2 / Friday, January 3, 1997 / Rules and Regulations 327

National Capital Housing Authority ............................................................................................................................................................ NH

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

Securities and Exchange Commission ......................................................................................................................................................... SE

Selective Service System .............................................................................................................................................................................. SS

Small Business Administration .................................................................................................................................................................... SB

Smithsonian Institution ................................................................................................................................................................................ SI

National Gallery of Art

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

9. Section 101–38.202–5 is revised to

read as follows:

§ 101–38.202–5 Requests for additional

code designations.

Additional code designations are

issued by GSA upon written request to

General Services Administration,

ATTN: MTV, Washington, DC 20405. 10. Section 101–38.204–1 is amended

by redesignating paragraphs (h) through

(v) as paragraphs (k) through (y); adding

paragraphs (h), (i) and (j); and revising

paragraphs (b), (d), and redesignated

paragraphs (n), (v), (w), and (x) to read

as follows:

§ 101–38.204–1 Unlimited exemptions.

* * * * *

(b) Agriculture, Department of. Motor

vehicles that the Agricultural Marketing

Service, Animal and Plant Health

Inspection Service, Food Safety and

Inspection Service, Forest Service, Grain

Inspection, Packers and Stockyard

Administration, Packers and Stockyard

Program, Food and Consumer Service,

and Office of Inspector General use in

the conduct of investigative or law

enforcement activities.

* * * * *

(d) Defense, Department of. Motor

vehicles used for intelligence,

investigative, or security purposes,

including such vehicles used 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.

* * * * *

(h) Environmental Protection Agency.

Motor vehicles used for law

enforcement and investigative purposes

operated by the Office of Inspector

General and the Office of Enforcement

and Compliance Assurance. (i) Federal Communications

Commission. Motor vehicles operated

by the Field Operations Bureau for

investigative purposes. (j) General Services Administration.

Motor vehicles operated by Special

Agents of the Public Buildings Service,

Federal Protective Service and Special

Agents of the Office of Inspector General

while engaged in criminal

investigations, surveillance, and

security activities.

* * * * *

(n) Justice, Department of. All motor

vehicles operated in undercover law

enforcement activities or investigative

work by the Department.

* * * * *

(v) State, Department of. All motor

vehicles designated for the protection of

both domestic and foreign dignitaries

and motor vehicles used in the

investigations of passport and visa fraud

cases.

(w) Transportation, Department of.

All motor vehicles used for intelligence,

investigative, or security purposes by

the DOT Office of 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) Treasury, Department of the. All

motor vehicles operated by the U.S.

Secret Service; Criminal Investigation

Division, Internal Security Division, and

vehicles used for investigative purposes

by the Collection Division of the

Internal Revenue Service; the Office of

Enforcement and the Office of

Inspection of the Bureau of Alcohol,

Tobacco, and Firearms; and the Office of

Enforcement, Office of Compliance

Operations, and Office of Internal

Affairs of the U.S. Customs Service.

* * * * *

11. Section 101–38.204–4 is revised to

read as follows:

§ 101–38.204–4 Report of exempted motor

vehicles.

The head of each executive agency

shall submit a report, upon request, to

the General Services Administration,

ATTN: MTV, Washington, DC 20405,

concerning motor vehicles exempted

under Subpart 101–38.2. Interagency

report control number 1537–GSA–AR

has been assigned to this reporting

requirement. 12. Section 101–38.301 is revised to

read as follows:

§ 101–38.301 Authorized use.

Officers and employees of the

Government shall use Governmentowned or -leased motor vehicles for

official purposes only. ‘‘Official

purposes’’ does not include

transportation of an officer or employee

between his or her residence and place

of employment, unless authorized under

the provisions of 31 U.S.C. 1344, or

other applicable law. A copy of any

written approval shall be maintained at

the appropriate level within the agency.

Each agency should establish

procedures to monitor and control the

use of its vehicles at all times. Officers

and employees entrusted with a motor

vehicle are responsible for the proper

care, operation, maintenance, and

protection of the vehicle. Any officer or

employee who uses or authorizes the

use of such vehicle for other than

official purposes is subject to a

suspension of at least 1 month or, up to
328 Federal Register / Vol. 62, No. 2 / Friday, January 3, 1997 / Rules and Regulations

and including, removal by the head of

the agency (31 U.S.C. 1349).

13. Section 101–38.401–1 is amended

by removing the introductory text,

redesignating paragraph (c) as paragraph

(b), and revising paragraph (a)

introductory text to read as follows:

§ 101–38.401–1 Gasoline for use in motor

vehicles.

(a) Unleaded (0.05gm/gal.) gasoline

shall be used in all Governmentoperated motor vehicles used overseas

unless—

(1) * * *

(2) * * *

(b) Under no circumstances should

premium gasoline be used in

Government-owned vehicles, except for

those vehicles that require premium

gasoline.

14. Section 101–38.401–2 is amended

by revising the introductory text and

removing paragraphs (a) through (d) to

read as follows:

§ 101–38.401–2 Use of self-service pumps.

Heads of agencies shall require the

use of self-service pumps by their motor

vehicle operators when purchasing fuel

at commercial service stations with selfservice pumps to the fullest extent

possible. Operators should minimize the

cost of fuel purchases by using service

stations which accept the Standard

Form 149, U.S. Government National

Credit Card, and SF 149A, U.S.

Government Fleet Credit Card, for

gasoline purchases at self-service

pumps.

15. Section 101–38.402 is amended by

revising paragraph (a) to read as follows:

§ 101–38.402 Replacement standards.

(a) Table of minimum replacement

standards.

TABLE OF MINIMUM REPLACEMENT STANDARDS

Vehicle description

Life expectancy

Years Miles

Sedans/Station Wagons ................................................................................................................................................... 3 60,000

Ambulances ...................................................................................................................................................................... 7 60,000

Buses:

Intercity-Type ............................................................................................................................................................ N/A 280,000

City-Type ................................................................................................................................................................... N/A 150,000

School-Type .............................................................................................................................................................. N/A 80,000

Trucks:

Less than 12,500 pounds GVWR ............................................................................................................................. 6 50,000

12,500—23,999 GVWR ............................................................................................................................................ 7 60,000

24,000 pounds and over ........................................................................................................................................... 9 80,000

4-or 6-wheel drive vehicles .............................................................................................................................................. 6 40,000

* * * * *

16. Section 101–38.504 is revised to

read as follows:

§ 101–38.504 Assistance to agencies.

GSA is available to assist agencies in

establishing or revising their scheduled

maintenance programs. Requests for this

assistance shall be submitted by owning

agencies to the General Services

Administration, ATTN: MTV,

Washington, DC 20405.

17. Section 101–38.701 is amended by

revising paragraph (a)(1) to read as

follows:

§ 101–38.701 Transfer of title for

Government-owned motor vehicles.

(a) * * *

(1) All Government-owned motor

vehicles to be titled by State motor

vehicle activities shall be transferred by

executing Standard Form (SF) 97, The

United States Government Certificate to

Obtain Title to a Vehicle. The use of this

form in foreign countries is optional.

* * * * *

18. Section 101–38.800 is amended by

revising paragraph (f) to read as follows:

§ 101–38.800 General.

* * * * *

(f) The SF 149 and SF 149A may be

used for any properly identified U.S.

Government motor vehicle, boat, small

aircraft, or nonvehicular equipment.

19. Section 101–38.903 is amended by

revising paragraphs (a) and (b)(1) to read

as follows:

§ 101–38.903 Reporting of data.

(a) Federal agencies shall use

Standard Form 82, Agency Report of

Motor Vehicle Data, to report vehicle

inventory, cost, and operating data to

GSA. Interagency Report Control

Number 1102–GSA–AN has been

assigned to this reporting requirement.

(b) * * *

(1) Each owning agency shall submit

a Standard Form 82 to the General

Services Administration, ATTN: MTV,

Washington, DC 20405 within 75

calendar days after the end of the fiscal

year.

* * * * *

Dated: October 28, 1996.

David J. Barram,

Acting Administrator of General Services.

[FR Doc. 97–52 Filed 1–2–97; 8:45 am]

BILLING CODE 6820–24–P

FEDERAL MARITIME COMMISSION

46 CFR Part 572

[Docket No. 94–31]

Post-Effective Reporting Requirements

for Agreements Among Ocean

Common Carriers Subject to the

Shipping Act of 1984

AGENCY: Federal Maritime Commission.

ACTION: Final Rule; lifting of stay.

SUMMARY: The Federal Maritime

Commission (‘‘FMC’’ or ‘‘Commission’’)

is lifting the stay of monitoring report

requirements contained in its agreement

regulations. The filing of the quarterly

monitoring reports will begin with the

report covering the first quarter of

calendar year 1997.

EFFECTIVE DATE: 46 CFR 572.701(a) and

572.702, which were stayed at 61 FR

11564, March 21, 1996, are effective

January 3, 1997.

FOR FURTHER INFORMATION CONTACT:

Austin L. Schmitt, Director, Bureau of

Economics and Agreement Analysis,

Federal Maritime Commission, 800

North Capitol Street, N.W., Washington,

DC 20573–0001, 202–523–5787.

SUPPLEMENTARY INFORMATION: In Docket

No. 94–31, Information Form and PostEffective Reporting Requirements for

Agreements Among Ocean Common