§ 101-38.000 Scope of part.

The provisions of this part prescribe policies and procedures governing the economical and efficient management and control of Government-owned motor vehicles and motor vehicles rented or leased to the Government, including reporting, registration, official use, inspection, and identification. Agencies should incorporate appropriate provisions of this part 101-38 into contracts offering Government furnished equipment in order to ensure adequate control over use of the vehicles.

Subpart 101-38.0-Definition of Terms

§ 101-38.001 Definitions.

In part 101-38, the following definitions apply.

§ 101-38.001-1 Head of executive agency.

Head of executive agency means the head of a department or independent establishment in the executive branch, including any wholly-owned Government corporation, or an official designated in writing to act on his or her behalf.

§ 101-38.001-2 Acquired for official purposes.

Acquired for official purposes means motor vehicles located in the United States, its territories, or possessions (a) gained and held or (b) rented or leased from private or commercial sources for a period of 60 continuous days or more by a Federal agency or the District of Columbia. This definition shall not be construed as the authority for the use of motor vehicles for a period of less than 60 continuous days in any manner other than for official purposes.

§ 101-38.001-3 Commercial motor vehicle.

design

Commercial design motor vehicle means a motor vehicle procurable from regular production lines and available for use by Federal agencies.

§ 101-38.001-4 Military design motor vehicle.

Military design motor vehicle means a motor vehicle (excluding general purpose vehicles) designed in accordance with military specifications to meet transportation requirements for the direct support of combat or tactical operations, or for training of troops for such operations.

§ 101-38.001-5 Identification.

Identification includes the legends "For Official Use Only” and “U.S. Government" placed upon a motor vehicle and other identification showing the full name of the department, executive agency, establishment, corporation, or service. In lieu of the organizational name, a title which is descriptive of the service within which the vehicle is operated may be used, so long as the title identifies the department, establishment, corporation, or agency concerned.

§ 101-38.001-6 Owning agency.

Owning agency means an executive agency having accountability for Government-owned motor vehicles. This term applies when an executive agency has authority to take possession of, assign, or reassign the vehicles regardless of which Federal agency is the using agency.

§ 101-38.001-7 Using agency.

Using agency means a Federal agency using vehicles for which it does not have accountability. This term applies when an agency obtains vehicles from the Interagency Fleet Management System, commercial firms, or another Federal agency on a temporary basis.

§ 101-38.001-8 Vehicle lease.

Vehicle lease is a method of obtaining a vehicle by an agency by contract or other arrangement from a commercial source for a period of 60 continuous days or more. It is synonymous with the phrase "term rental" previously used.

§ 101-38.001-9 Vehicle rental.

Vehicle rental is a method of obtaining a vehicle by an agency by contract, schedule, or other arrangement from a

commercial source for a period of less than 60 continuous days. It is synonymous with the phrase "trip rental" previously used.

§ 101-38.001-10 Reportable vehicles.

Reportable vehicles means all sedans, station wagons, buses, ambulances, carryalls, trucks, and truck tractors that operate on petroleum-based fuels. Included all all vehicles of the types named that use diesel, gasohol, propane, methane, or a combination of these fuels with gasoline when these vehicles are integrated into the normal agency fleets. Excluded semitrailers, trailers, and other trailing equipment such as pole trailers, dollies, cable reels, trailer coaches, and bogies; trucks with permanently mounted equipment (e.g., generators, air compressors, etc.); fire trucks; electric and hybrid-powerd electric vehicles; motorcycles; and military design motor vehicles.

§ 101-38.001-11 Large fleet.

are

Large fleet means a fleet of 2,000 or more reportable agency-owned vehicles, worldwide.

§ 101-38.001-12 Small fleet.

Small fleet means a fleet of less than 2,000 reportable agency-owned vehicles, worldwide.

§ 101-38.001-13 Domestic fleet.

Domestic Fleet means all reportable agency-owned motor vehicles operated in any State, Commonwealth, territory or possession of the United States.

§ 101-38.001-14 Foreign fleet.

Foreign fleet means all reportable agency-owned motor vehicles operated in areas outside any State, Commonwealth, territory, or possession of the United States.

§ 101-38.001-15 Tag.

Tag means the official U.S. Government motor vehicle identification plate; District of Columbia license plate; or license plate of any State, Commonwealth, territory, or possession of the United States.

economy.

Fleet average fuel economy means the total number of passenger automobiles and light trucks, acquired by purchase or leased for 60 continuous days or more, of a specific configuration (4×2 or 4x4, up to 8,500 pounds gross vehicle weight rating (GVWR)) during a fiscal year by executive agencies (excluding passenger automobiles or light trucks acquired to perform combat-related missions for the U.S. Armed Forces or acquired for use in law enforcement work or emergency rescue work) divided by a sum of terms, each term of which is a fraction created by dividing the number of passenger automobiles or light trucks (4×2 or 4×4) so acquired of a given model type by the fuel economy of that model type. (see §10138.101-3(3)(b)(4)).

§ 101-38.001-17 Acquired.

Acquired means purchased or leased for a period of 60 continuous days or more but does not include passenger vehicles or light trucks obtained on assignment from the Interagency Fleet Management System or rented for periods less than 60 continuous days through commercial sources.

§ 101-38.001-18 Law enforcement vehicle.

Law enforcement vehicle means a passenger automobile or light truck which is specifically approved in an agency's appropriation act for use in apprehension, surveillance, police type or other law enforcement work, or specifically designed for use in law enforcement. If not identified in an agency's appropriation language, to qualify as a law enforcement vehicle designed for use in law enforcement, the vehicle must be equipped with at least the following components:

(1) For passenger automobiles, heavy duty components for electrical, cooling, and suspension systems and at least the next higher cubic inch displacement (CID) or more powerful engine, than is standard for the automobile concerned; and,

(2) For light trucks, emergency warning lights must be displayed and the vehicle must be identified with markings, such as "police."

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, two-wheel drive) or Federal Standard No. 292 (Trucks: Light commercial, four-wheel drive).

[62 FR 324, Jan. 3, 1997]

Subpart 101-38.1-Fuel Efficient Motor Vehicles

§ 101-38.100 Scope and applicability. (a) This subpart prescribes policies and procedures relating to energy conservation in motor vehicles used for official purposes by the Federal Government.

(b) This subpart applies to executive agencies located in the United States, its territories, or possessions of the United States which operate Government-owned, -leased, or -rented motor vehicles in the conduct of official business. This subpart does not apply to motor vehicles exempted by law or other regulations. Other Federal agencies are encouraged to comply with the requirements and guidelines of this subpart so that maximum energy conservation benefits may be realized in the acquisition, operation, and management of Government-owned or -leased motor vehicles.

[51 FR 11684, Apr. 4, 1986, as amended at 58 FR 65288, Dec. 14, 1993]

§ 101-38.103 Mandatory provisions affecting the acquisition and use of motor vehicles.

(a) Except for those vehicles exempted under the provisions of $10138.104(b)(6), all motor vehicles acquired for official purposes by executive agencies shall be selected to achieve maximum fuel efficiency and limited to the minimum body size, engine size, and optional equipment necessary to meet agencies' requirements.

(b) Use of Government limousines (class V) and large (class IV) sedans shall be eliminated. Exceptions shall be made only for the President and Vice President and for security and highly essential needs. Executive agencies shall certify all exceptions to the Administrator of General Services.

(c) All class IV and V sedans shall be replaced by class II or smaller sedans unless a class III is absolutely essential to the agency's mission and certified accordingly to the Administrator of General Services.

(d) Executive agencies are governed by the provisions of 31 U.S.C. 1344 and 1349 and 18 U.S.C. 641 which define and govern the use of motor vehicles for official purposes.

[58 FR 65289, Dec. 14, 1993]

§ 101-38.104 Fuel efficient passenger automobiles and light trucks.

(a) This section provides policy governing the acquisition of fuel-efficient passenger automobiles and light trucks by executive agencies and provides for the administration of a consolidated Federal fleet plan for use in monitoring those acquisitions. This authority is derived from Executive Order 11912, dated April 13, 1976, 3 CFR, 1976 Comp., p. 114), and Executive Order 12375, dated August 4, 1982, 3 CFR, 1982 Comp., p. 202), which designated and empower

the Administrator of General Services to perform, without approval, ratification, or other action by the President the functions vested in the President by section 510 of the Motor Vehicle Information and Cost Savings Act, as amended (89 Stat. 915, 15 U.S.C. 2010).

(b) The acquisition of passenger automobiles by an executive agency shall be limited to class IA, IB, or II (small, subcompact, or compact) unless the agency certifies to the Administrator of General Services that a larger class vehicle is essential to the agency's mission. The certification shall include the reasons for requiring a vehicle larger than a class II, compact.

(1) In compliance with Executive Orders 11912 and 12375, GSA administers a consolidated Federal fleet program to monitor passenger automobiles and light trucks acquired by executive agencies. The program is based upon the actual vehicle leases and purchases of passenger automobiles and light trucks, reported by vehicle class, by executive agencies to GSA. GSA administers the program by maintaining a master record of the miles per gallon ratings for passenger automobiles and light trucks actually acquired by each agency during the fiscal year. The GSA program will be used to verify that each agency's vehicle leases and purchases conform with Executive Order 12375; i.e., the agency will achieve the fleet average fuel economy for the applicable fiscal year.

(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:

(4)(i) The method of calculating the fleet average fuel economy uses harmonic averaging and is specifically required by section 510 of the Motor Vehicle Information and Cost Savings Act (89 Stat. 915; 15 U.S.C. 2010) and applies to the calculations for passenger automobiles and light trucks. A sample of the method used to calculate the fleet average fuel economy is shown in paragraph (b)(4)(ii) of this section. This information is derived from the total number of vehicles to be acquired by an agency and the Environmental Protection Agency (EPA) miles per gallon rating provided by GSA in accordance with § 101-105(a).

(ii) Light trucks: 4x2, total number (600) divided by:

(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 trans(D) Sic-cylinder automatic mission pick-ups (200) divided by 20.5 mpg, plus

(E) Six-cylinder automatic transmission compact van wagons (25) divided by 23.4 mpg.