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8 101-6.215 Effect on other regulations;

forms and instructions.

with the consent of such departments or agencies, responsibilities in connection with the effectuation of the purposes of title VI of the Act and this subpart (other than responsibility for final decision as provided in 8101-6.213), including the achievement of effective coordination and maximum uniformity within GSA and within the executive branch of the Government in the application of title VI and this subpart to similar programs and in similar situations. Any action taken, determination made, or requirement imposed by an official of another Department or Agency acting pursuant to an assignment of responsibility under this section shall have the same effect as though such action had been taken by the responsible GSA official.

[38 FR 17975, July 5, 1973]

8 101-6.215-1 Effect on other regula

tions. All regulations, orders, or like directions heretofore issued by any officer of GSA which imposed requirements designed to prohibit any discrimination against individuals on the ground of race, color, or national origin under any program to which this subpart 101– 6.2 applies, and which authorize the suspension or termination of or refusal to grant or to continue Federal financial assistance to any applicant for or recipient of such assistance under such program for failure to comply with such requirements, are hereby superseded to the extent that such discrimination is prohibited by this subpart, except that nothing in this subpart shall be deemed to relieve any person of any obligation assumed or imposed under any such superseded regulation, order, instruction, or like direction prior to the effective date of this subpart. Nothing in this subpart, however, shall be deemed to supersede any of the following (including future

(including future amendments thereof):

(a) Executive Orders 10925, 11114, and 11246, and regulations issued thereunder.

(b) Any other orders, regulations, or instructions, insofar as such orders, regulations, or instructions prohibit discrimination on the ground of race, color, or national origin in any program or situation to which this subpart is inapplicable, or prohibit discrimination on any other ground.

§ 101-6.216 Definitions.

As used in this subpart:

(a) The term General Services Administration or GSA includes each of its operating services and other organizational units.

(b) The term Administrator means the Administrator of General Services.

(c) The term responsible GSA official with respect to any program receiving Federal financial assistance means the Administrator or other official of GSA who by law or by delegation has the principal responsibility within GSA for the administration of the law extending such assistance.

(d) The term United States means the States of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, the Canal Zone, and the territories and possessions of the United States, and the terms State means any one of the foregoing.

(e) The term Federal financial assistance includes (1) grants and loans of Federal funds, (2) the grant or donation of Federal property and interests in property, (3) the detail of Federal personnel, (4) the sale and lease of, and the permission to use (on other than a casual or transient basis), Federal property or any interest in such property without consideration or at a nominal consideration, or at a consideration which is reduced for the purposes of assisting the recipient, or in recognition

[29 FR 16287, Dec. 4, 1964, as amended at 38 FR 17975, July 5, 1973]

8 101-6.215–2 Forms and instructions.

Each responsible GSA official shall issue and promptly make available to interested persons forms and detailed instructions and procedures for effectuating this subpart 101-6.2 as applied to programs to which this subpart applies and for which he is responsible.

§ 101-6.215_3 Supervision and coordi

nation.

The Administrator may from time to time assign to officials of other departments or agencies of the Government,

term does not include any ultimate beneficiary under any such program.

(i) The term primary recipient means any recipient which is authorized or required to extend Federal financial assistance to another recipient for the purpose of carrying out a program.

(j) The term applicant means one who submits an application, request, or plan required to be approved by a responsible GSA official, or by a primary recipient, as a condition to eligibility for Federal financial assistance, and the term application means such an application, request, or plan.

or

of the public interest to be served by such sale or lease to the recipient, and (5) any Federal agreement, arrangement, or other contract which has as one of its purposes the provision of assistance.

(f) The term program includes any program, project, or activity for the provision of services, financial aid, or other benefits to individuals (including education or training, health, welfare, rehabilitation, housing, or other services, whether provided through employees of the recipient of Federal financial assistance

provided by others through contracts or other arrangements with the recipient, and including work opportunities and cash or loan or other assistance to individuals), or for the provision of facilities for furnishing services, financial aid or other benefits to individuals. The services, financial aid, or other benefits provided under a program receiving. Federal financial assistance shall be deemed to include any services, financial aid, or other benefits provided with the aid of Federal financial assistance or with the aid of any non-Federal funds, property, or other resources required to be expended or made available for the program to meet matching requirements or other conditions which must be met in order to receive the Federal financial assistance, and to include any services, financial aid, or other benefits provided in or through a facility provided with the aid of Federal financial assistance or such non-Federal resources.

(g) The term facility includes all or any portion of structures, equipment, or other real or personal property or interests therein, and the provision of facilities includes the construction, expansion, renovation, remodeling, alteration or acquisition of facilities.

(h) The term recipient means any State, political subdivision of any State, or instrumentality of any State or political subdivision, any public or private agency, institution, or organization, or any other entity, or any individual, in any State, to whom Federal financial assistance is extended, directly or through another recipient, for any program, including any successor, assign, or transferee thereof, but such

8 101–6.217 Laws authorizing Federal

financial assistance for programs to

which this subpart applies. (a)(1) Donation of surplus personal property to educational activities which are of special interest to the armed services (section 203()(2) of the Federal Property and Administrative Services Act of 1949, 40 U.S.C. 484(1)(2)).

(2) Donation of surplus personal property for use in any State for purposes of education, public health, or civil defense, or for research for any such purposes (section 203(i) (3) and (4) of the Federal Property and Administrative Services Act of 1949, 40 U.S.C. 484(j) (3) and (4)), and the making available to State agencies for surplus property, or the transfer of title to such agencies, of surplus personal property approved for donation for purposes of education, public health, or civil defense, or for research for any such purposes (section 203(n) of the Federal Property and Administrative Services Act of 1949, 40 U.S.C. 484(n)).

(b) Disposal of surplus real and related personal property for purposes of education or public health, including research (section 203(k)(1) of the Federal Property and Administrative Services Act of 1949, 40 U.S.C. 484(k)(1)).

(c) Donation of property for public airport purposes (section 13(g) of the Surplus Property Act of 1944, 50 U.S.C. App. 1622(g); section 23 of the Airport and Airway Development Act of 1970, Pub. L. 91–258).

(a)(1) Disposal of surplus real property, including improvements, for use as a historic monument (section 13(h) of the Surplus Property Act of 1944, 50 U.S.C. App. 1622(b)).

(2) Disposal of surplus real and related personal property for public park or public recreational purposes (section 203(k)(2) of the Federal Property and Administrative Services Act of 1949, 40 U.S.C. 484(k)(2).

(e) Disposal of real property to States for wildlife conservation purposes (Act of May 19, 1948, 16 U.S.C. 667b-d).

(f) Donation of personal property to public bodies (section 202(h) of the Federal Property and Administrative Seryices Act of 1949, 40 U.S.C. 483(h)).

(g) Grants of easements by the General Services Administration pursuant to the Act of October 23, 1962, (40 U.S.C. 319-319(c), and grants by the General Services Administration of revocable licenses or permits to use or occupy Federal real property, if the consideration to the Government for such easement, licenses, or permits is less than estimated fair market value.

(h) Conveyance of real property or interests therein by the General Services Administration to States or political subdivisions for street widening purposes pursuant to the Act of July 7, 1960 (40 U.S.C. 345C), if the consideration to the Government is less than estimated fair market value.

(i) Allotment of space by the General Services Administration in Federal buildings to Federal Credit Unions, without charge for rent or services (section 25 of the Federal Credit Union Act, 12 U.S.C. 1770).

(i) Donation of surplus property to the American National Red Cross (section 203(1) of the Federal Property and Administrative Services Act of 1949, 40 U.S.C. 484(1)).

(k) Provision by the General Services Administration of free space and utilities for vending stands operated by blind persons (section 1 of the Randolph-Sheppard Act, 20 U.S.C. 107).

(1) Donation of forfeited distilled spirits, wine, and malt beverages to eleemosynary institutions (26 U.S.C. 5688).

(m) Donation of surplus Federal records (Federal Records Disposal Act of 1943, 44 U.S.C. 366-380).

(n) Grants to State and local agencies and to nonprofit organizations and institutions for the collecting, describing, preserving and compiling, and publishing of documentary sources signifi

cant to the history of the United States (section 503 of the Federal Property and Administrative Services Act of 1949, as amended by Pub. L. 88-383).

(0) Loan of machine tools and industrial manufacturing equipment in the national industrial reserve to nonprofit educational institutions or training schools (section 7 of the National Industrial Reserve Act of 1948, 50 U.S.C. 456).

(p) District of Columbia grant-in-aid hospital program (60 Stat. 896, as amended).

(q) Disposal of surplus real property for use in the provision of rental or cooperative housing to be occupied by families or individuals of low or moderate income (section 414 of the Housing and Urban Development Act of 1969, Pub. L. 91–152).

(r) Payments in lieu of taxes on certain real property transferred from the Reconstruction Finance Corporation (Title VII of the Federal Property and Administrative Services Act of 1949, 40 U.S.C. 521-524).

(s) Conveyance of certain lands and property to the State of Hawaii without reimbursement (Pub. L. 88–233, 77 Stat. 472).

[29 FR 16287, Dec. 4, 1964, as amended at 38 FR 17975, July 5, 1973]

Subpart 101-6.3-Ridesharing

AUTHORITY; Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c), Executive Order 12191 dated February 1, 1980.

SOURCE: 49 FR 20289, May 14, 1984, unless otherwise noted.

8 101-6.300 Federal facility rideshar

ing-general policy. This section sets forth policy and procedures governing promotion by executive agencies of ridesharing at federally owned or operated facilities and provides for the establishment and administration of a nationwide system of Federal facility employee transportation coordinators (ETC's). The authority for this subpart is Executive Order 12191, dated February 1, 1980, which established the Federal Facility Ridesharing Program and delegated the

(f) Whenever feasible, agencies should consider providing for flexibility in employee working hours to facilitate ridesharing arrangements.

[49 FR 20289, May 14, 1984, as amended at 53 FR 27518, July 21, 1988)

primary responsibility for program development, implementation, and administration to the Administrator of General Services in consultation with the Secretary of Transportation.

(a) Executive agencies shall actively promote the use of ridesharing at all Federal facilities. This promotion shall include cooperation with State and local ridesharing agencies where such agencies exist. In the process of promoting ridesharing, the Government shall not favor or endorse one commercial firm or nonprofit organization to the exclusion of other commercial firms or nonprofit organizations.

(b) Each executive agency shall issue instructions as may be necessary to implement Federal facility ridesharing programs and to obtain annual ridesharing program reports at those facilities where the agency is responsible for providing the ETC. The information provided by each ETC should include methods used to promote ridesharing at his/her facility and any achievements or significant barriers encountered. Each executive agency shall maintain current record of the names, titles, addresses, and telephone numbers of its facility ETC's, nationwide.

(c) Agencies are required to submit a Federal Facility Ridesharing Report to GSA by June 1 of each year (see $101– 6.303). The report shall contain a summary of the information provided by the facility ETC's and any other pertinent information applicable to the agency's ridesharing program.

(d) Wherever possible, agencies shall use and promote existing ridematching services. Where ridematching services do not exist, they shall be established, preferably in conjunction with nearby facilities. Ridematching systems may be manual i.e., bulletin board or locator board, or computerized. All systems must comply with the provisions of the Privacy Act of 1974.

(e) Wherever possible, agencies shall implement parking incentives which promote ridesharing and the efficient use of federally controlled parking areas. Agencies are also encouraged to work with private parking management concerns in or near Federal facilities to encourage the use of carpools and vanpools.

8101-6.301 Definitions.

(a) Ridesharing. Sharing of the commute to and from work by two or more people, on a continuing basis, regardless of their relationship to each other, in any mode of transportation, including but not limited to: carpools, vanpools, buspools and mass transit.

(b) Ridematching. Any manual or automated system that gathers commuter information from interested individuals and processes this information to identify potential ridesharing arrangements among these individuals.

(c) Facility. Either a single building or a group of buildings or work locations at a common site.

(d) Third party operator. A ridesharing agency or other organization, whether public or private, that leases vans or buses to employers or individual employees.

(e) Federal facility employee transportation coordinator. An individual ap pointed by the agency who provides commuter ridesharing services to all employees at the facility and who serves as a point of contact for local and State ridesharing agencies, where they exist.

(f) Agencywide employee transportation coordinator. An individual appointed by the agency, who is responsible for planning, organizing, and directing an agencywide ridesharing program, and serves as a point of contact for the agency's Federal facility ETC's and also as the ridesharing liaison between the agency and GSA.

a

8 101-6.302 Employee transportation

coordinators. (a) Federal facility employee transportation coordinator. Agencies shall designate an ETC at each Federal facility with 100 or more full-time employees on one shift. Agencies are encouraged to appoint coordinators at facilities with less than 100 full-time employees where such a coordinator can provide significant benefits to the ridesharing program. At a facility occupied by ridesharing agencies and the GSA Central Office;

(3) Assist in the development and implementation of an agencywide ridesharing program; and

(4) Submit promptly any change in the name, address, title, or telephone number of the agencywide ETC to GSA.

more than one Federal agency, the executive agency having the largest number of employees shall have the lead responsibility for program coordination and implementation for all the Federal agencies at the facility and shall provide the ETC for the facility. Should a smaller agency volunteer to provide the facility ETC, the lead agency may transfer this responsibility to the smaller agency. The Federal facility ETC shall:

(1) Promote ridesharing at the facility by:

(1) Publicizing the name, location, and telephone number of the employee transportation coordinator by using bulletin boards, memoranda, newsletters, etc.;

(ii) Assisting employees in joining or forming carpools or vanpools;

(iii) Aiding employee participation in ridematching programs (Where ridematching programs do not exist, action should be taken to establish them);

(iv) Working closely with the parking management offices to promote ridesharing through preferential parking incentives;

(v) Establishing ridesharing orientation for new and transferring employees at the facility;

(vi) Utilizing ridesharing resources provided by State and local ridesharing agencies and participating in special ridesharing events;

(vii) Publicizing the availability of public transportation;

(viii) Communicating employee transportation needs to local public transportation authorities and other organizations (such as private bus companies) furnishing multipassenger modes of transportation; and

(ix) Establishing ridesharing goals and objectives for the facility.

(2) Prepare a facility report for annual submission to the agencywide coordinator.

(b) Agencywide employee transportation coordinator. Agencies shall appoint an individual to serve as an agencywide ETC. The agencywide ETC shall:

(1) Serve as a point of contact for the agency's facility ETC's;

(2) Serve as a liaison between other agencywide ETC's, State, and local

§ 101-6.303 Reporting procedures.

(a) The head of each agency shall submit to GSA by June 1 of each year a report which shall include:

(1) The name, address, title, and telephone number of the agencywide ETC;

(2) A narrative on actions taken and barriers encountered in promoting ridesharing within the agency;

(3) Information on any notable facility achievements; and

(4) A copy of instructions issued to the agency's facility ETC's for implementing the Federal Facility Ridesharing Program

(b) Reports shall be submitted to: Federal Facility Ridesharing Program, General Services Administration (PQ) Washington, DC 20405. The telephone number for the program is FTS 566-0059 (202-566-0059).

(c) Interagency report control number 0258-GSA-AN has been assigned to this report.

(49 FR 20289, May 14, 1984, as amended at 53 FR 27518, July 21, 1988)

8 101-6.304 Exemptions.

Facilities with less than 100 full-time employees or less than 100 full-time employees on the largest shift are not required to submit an annual report. Agencies shall not subdivide buildings, groups of buildings, or worksites for the purpose of meeting the exemption standards.

8 101-6.305 Assistance to agencies.

(a) Due to the large number of Federal, State, local and private sector groups involved in the promotion of ridesharing programs, there are various resources available to Federal agencies interested in technical assistance and promotional materials for use in their ridesharing programs. To aid agencies in identifying these resources, GSA has designated ridesharing coordinators at each of its regional offices. A

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