Federal Management Regulation; Aligning the Federal Management Regulation (FMR) With the Administration's Deregulatory Priorities

GENERAL SERVICES ADMINISTRATION

41 CFR Parts 102-3, 102-5, 102-33, 102-34, 102-35, 102-36, 102-37, 102-38, 102-39, 102-40, 102-41, 102-42, 102-71, 102-72, 102-73, 102-74, 102-75, 102-76, 102-77, 102-78, 102-79, 102-80, 102-81, 102-82, 102-83, 102-85, 102-117, 102-118, and 102-192

[FMR Case 2025-05; Docket No. GSA-FMR-2025-0005; Sequence No. 1]

RIN 3090-AK92

Federal Management Regulation; Aligning the Federal Management Regulation (FMR) With the Administration's Deregulatory Priorities

AGENCY:

Office of Government-wide Policy (OGP), General Services Administration (GSA).

ACTION:

Final rule.

SUMMARY:

GSA is issuing a final rule to streamline and update multiple parts of the FMR to ensure adherence to statutory requirements and improve the effectiveness of the management of aviation, Federal advisory committees, mail, motor vehicles, personal property, real property, and transportation.

DATES:

Effective date:

December 16, 2025.

FOR FURTHER INFORMATION CONTACT:

Alexander Kurien, Deputy Associate Administrator, Office of Government-wide Policy, at 202-208-7642 or

alexander.kurien@gsa.gov,

for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202-501-4755 or

GSARegSec@gsa.gov.

Please cite FMR Case 2025-05.

SUPPLEMENTARY INFORMATION:

I. Background

The FMR was first published June 24, 1999, with the intention of improving GSA's regulatory system. While there have been additions and revisions on some parts over the years, several portions of the regulation have not been revised since they were added, and the regulation itself had not undergone a general review prior to 2025. This final rule amends the FMR to align with the Administration's priorities set forth in Executive Order (E.O.) 14192,

Unleashing Prosperity Through Deregulation,

dated January 31, 2025, and E.O. 14219,

Ensuring Lawful Governance and Implementing the President's “Department of Government Efficiency” Deregulatory Initiative,

dated February 19, 2025. These amendments are based on a complete review of each FMR Part for consistency with law and Administration policy and a focus on the best reading of the underlying statutory authority or prohibition. As E.O. 14192 states, agencies must work to alleviate the burden on those impacted by regulations, and to that end, GSA has streamlined and simplified regulations with an underlying statutory requirement. The review also focused on minimizing regulations not required by law. Regulations rescinded in this rulemaking are not explicitly required by statute to be issued as GSA regulations in the FMR, or are duplicative of regulations specified by other agencies, and are not necessary to carry out the Administrator's functions under subtitle I of title 40, United States Code. If regulations were found to be duplicative, their removal does not change either the underlying statute or any regulations maintained by other agencies, and GSA has determined that reducing the number of redundant regulations will lead to less confusion, as there will be one source for the regulatory requirement. Where helpful, GSA will communicate policies and information that has been removed from the FMR in non-regulatory guidance documents without editorial changes. Some of these non-regulatory guidance documents can be found on

https://www.gsa.gov/directives-library,

or will be consolidated on

https://www.gsa.gov/policy-regulations.

Statutory provisions, the revised FMR, and non-regulatory guidance documents will establish a practical and authoritative basis for efficiently accomplishing mission objectives.

II. Discussion of Final Rule—Summary of Changes

GSA is removing portions of the regulation that are not required by statute and removing outdated provisions. A summary of the changes is as follows:

Part 102-3—Federal Advisory Committee Management:

Revised. GSA streamlined and consolidated this FMR part to improve Federal advisory committee management policies and processes, remove unnecessary language and information, and increase accountability for Federal advisory committee operation.

Part 102-5—Home-to-Work Transportation:

Removed and reserved part. Retained content now included in part 102-34.

Part 102-33—Management of Government Aircraft:

Revised definitions to include only relevant definitions. Consolidated remaining regulations and removed procedural instructions, including appendix A.

Part 102-34—Motor Vehicle Management:

Revised. GSA streamlined this FMR part by eliminating six subparts and 54 sections considered to be nonregulatory guidance. Consolidated and revised definitions and moved statutory requirements from FMR part 102-5.

Part 102-35—Disposition of Personal Property:

Revised. Consolidated and revised definitions from FMR parts 102-36 through 102-42.

Part 102-36—Disposition of Excess Personal Property:

Revised and moved definitions to FMR part 102-35. Removed procedural instructions. Removed GSA's donation of firearms to state and local government activities based on the cessation of the firearm donation program.

Part 102-37—Donation of Surplus Personal Property:

Revised and moved definitions to FMR part 102-35. Removed procedural instructions, including appendices A, B, and C. Removed GSA's donation of firearms to state and local government activities based on the cessation of the firearm donation program.

Part 102-38—Sale of Personal Property:

Revised and moved definitions to FMR part 102-35. Removed procedural instructions. Updated requirements for the designation or authority to sell personal property.

Part 102-39—Replacement of Personal Property Pursuant to the Exchange/Sale Authority:

Revised and moved definitions to FMR part 102-35. Removed procedural instructions. Removed the reporting requirement for exchange/sale activity. Removed the exchange/sale prohibition on FSC Class 1005 weapons when conducting exchanges or sales with the original equipment manufacturer.

Part 102-40—Utilization and Disposition of Personal Property with Special Handling Requirements:

Revised and moved definitions to FMR part 102-35. Removed procedural instructions, including appendices A and B. Removed GSA's donation of firearms to state and local government activities based on the cessation of the firearm donation program.

Part 102-41—Disposition of Seized, Forfeited, Voluntarily Abandoned, and Unclaimed Personal Property:

Revised and moved definitions to FMR part 102-35. Removed procedural instructions.

Part 102-42—Utilization, Donation, and Disposal of Foreign Gifts and Decorations:

Revised and removed procedural instructions.

Part 102-71—General:

Part revised to include only relevant definitions and consolidate remaining real property regulations required by statute or necessary on significant policy grounds, including installing, repairing, and replacing sidewalks; the Fire Administration Authorization Act of 1992 (Pub. L. 102-522); rent; occupant emergency programs; prohibition of portable heaters, fans, and similar devices; tobacco policy; and use of Federal real property to assist the homeless.

Part 102-72—Delegation of Authority:

Removed and reserved part.

Part 102-73—Real Estate Acquisition:

Removed and reserved part.

Part 102-74—Facility Management:

Removed subparts A, D, and F. Subpart B language on occupant emergency programs; prohibition of portable heaters, fans, and similar devices; and tobacco policy was revised and moved to §§ 102-71.55 through 102-71.115. The remainder of Subpart B was removed. Subpart C will be removed in January 2026 to coincide with the Department of Homeland Security's promulgation of regulations for the protection of Federal property. Subpart E was revised and moved to § 102-71.20.

Part 102-75—Real Property Disposal:

Removed and reserved part. Subpart H was moved to § 102-71, subpart B.

Part 102-76—Design and Construction:

Removed and reserved part.

Part 102-77—Art in Architecture:

Removed and reserved part.

Part 102-78—Historic Preservation: Removed and reserved part.

Part 102-79—Assignment and Utilization of Space:

Removed and reserved part.

Part 102-80—Safety and Environmental Management:

Removed and reserved part. Section on the Fire Administration Authorization Act of 1992 (Pub. L. 102-522) was revised and moved to §§ 102-71.25 through 102-71.45.

Part 102-81—Physical Security:

Removed and reserved part.

Part 102-82—Utility Services:

Removed and reserved part.

Part 102-83—Location of Space:

Removed and reserved part.

Part 102-85—Pricing Policy for Occupancy in GSA Space:

Removed and reserved part. Language on rent was revised and moved to § 102-71.50.

Part 102-117—Transportation Management:

Revised the transportation procurement requirements for Federal agencies. Eliminated seven subparts and 56 sections considered to be nonregulatory guidance.

Part 102-118—Transportation Payment and Audit:

Revised due to the elimination of the GSA Transportation Audits Division. Under the new framework, most functions previously performed by this division have been delegated directly to Federal agencies. The Administrator's delegation of authority, based on 31 U.S.C. 3726, grants agencies full authority to conduct—prepayment audits; post-payment audits; or comprehensive audits combining both prepayment and post-payment reviews. Modifications seek to improve financial oversight and potentially reduce Government expenses. Eliminated 78 regulatory sections and one subpart.

Part 102-192—Mail Management:

Revised. Removed subpart C, which established regulatory requirements for OGP as to the “guidance and assistance” provided to agencies under 44 U.S.C. 2904(b). Removed the agency requirement for sustainable activities per the rescission of E.O. 13514.

III. Regulatory Impact Analysis

GSA conducted an economic analysis of the proposed changes to the FMR and determined that during the first and subsequent years after publication of the rule, there are economic impacts associated with this rule that result in cost avoidance for the Government and public entities. The primary driver for making changes to the FMR is to increase its usability. The significant streamlining and reduction in the text of the FMR enhances the clarity and intuitiveness of the FMR for all employees that need to read and be familiar with it, which saves time. Additionally, several requirements were removed from the FMR related to communication, reporting, and research, which will ease the workload for government employees. GSA estimates the discounted total overall net cost avoidance over a 10-year period is $772,189,519 at a 3-percent discount rate and $637,329,436 at a 7-percent discount rate. GSA estimates this economic impact by multiplying the estimated time required to review the regulation and guidance implementing the rule by the estimated hourly compensation of the employee performing the task. For the calculations, GSA used the estimated hourly compensation

1

using the U.S. Office of Personnel Management's 2025 General Schedule (GS) Rest of United States Locality Pay Table,

2

a full fringe benefit cost factor of 36.25 percent,

3

and an overhead cost factor of 12 percent as provided by the Office of Management and Budget (OMB) Circular A-76.

4

The following section is a list of activities related to regulatory compliance that GSA anticipates will occur. These assumptions were generated based on internal GSA expertise.

1

Computing Hourly Rates of Pay Using the 2,087-Hour Divisor (

https://www.opm.gov/policy-data-oversight/pay-leave/pay-administration/fact-sheets/computing-hourly-rates-of-pay-using-the-2087-hour-divisor/

).

2

General Schedule (

https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/25Tables/html/RUS_h.aspx

).

3

OMB Memo M-08-13, dated March 11, 2008 (

https://www.whitehouse.gov/wp-content/uploads/legacy_drupal_files/omb/memoranda/2008/m08-13.pdf

).

4

OMB Circular A-76 (

https://georgewbush-whitehouse.archives.gov/omb/circulars/a076/a76_incl_tech_correction.html

).

1. Economic Impact to Government

A. Reduction of Regulatory Text

Due to reduced page count, GSA assumes Federal employees will no longer need to familiarize themselves with the removed duplicative content in the FMR. This is due to the fact that FMR sections were mainly taken out, not added in. GSA identified these time savings based on employees no longer needing to familiarize themselves with sections of the FMR that have been reduced or removed. GSA assumes that the majority of employees primarily familiarize themselves with the FMR by reading the sections that are most relevant to them. This results in cost avoidance for the time saved by the Federal employees reading the FMR.

To calculate economic impact, GSA estimated the number of employees that needed to familiarize themselves with different sections from the FMR that were removed, multiplied by the number of page reductions for each section, multiplied by the assumed average reading speed per page. This is the estimated amount of time saved by the reduction of pages. This number is multiplied by the hourly cost of the employee based on the average GS level that no longer needs to familiarize themselves with the removed duplicative content. GSA assumes that in every subsequent year, these employees would spend half the amount of time to refresh their knowledge of that section as they did in the first year. GSA assumes that this reading/familiarization does not take place in one sitting at one time, and is likely something that happens over the course of the year as these employees reference the section of the FMR as needed. It should be noted that in the calculations for this section, we only identified cost savings for GS-11s, GS-12s, GS-13s, and GS-15s.

GSA estimates that in Year 1, for GS-11s, the total cost avoidance is $589,248 (= 3,000 employees that GSA policy subject matter experts (SMEs) estimate need to be familiar with various FMR sections that were removed × 3.3 hours saved on average from each GS-11 that no longer is required to be familiar with this removed section, based on an estimated average reading speed of the removed section × $59.52 [GS-11 hourly rate, including fringe benefits]). GSA estimates that in Years 2-10, for GS-11s, the cost avoidance is $294,624 (= 3,000 employees that GSA policy SMEs estimate need to be familiar with various FMR sections that were removed × 1.65 hours saved on average from each GS-11 that no longer is required to be familiar with this removed section, based on an estimated average reading speed of the removed section × $59.52 [GS-11 hourly rate, including fringe benefits]).

GSA estimates that in Year 1, for GS-12s, the total cost avoidance is $1,542,002 (= 15,437 employees that GSA policy SMEs estimate need to be familiar with various FMR sections that were removed × 1.4 hours saved on average from each GS-12 that no longer is required to be familiar with this removed section, based on an estimated average reading speed of the removed section × $71.35 [GS-12 hourly rate, including fringe benefits]). GSA estimates that in Years 2-10, for GS-12s, the cost avoidance is $771,001 (= 15,437 employees that GSA policy SMEs estimate need to be familiar with various FMR sections that were removed × .7 hours saved on average from each GS-12 that no longer is required to be familiar with this removed section, based on an estimated average reading speed of the removed section × $71.35 [GS-12 hourly rate, including fringe benefits]).

GSA estimates that in Year 1, for GS-13s, the total cost avoidance is $291,850 (= 3,440 employees that GSA policy SMEs estimate need to be familiar with various FMR sections that were removed × 1 hours saved on average from each GS-13 that no longer is required to be familiar with this removed section, based on an estimated average reading speed of the removed section × $84.84 [GS-13 hourly rate, including fringe benefits]). GSA estimates that in Years 2-10, for GS-13s, the cost avoidance is $145,925 (=3,440 employees that GSA policy SMEs estimate need to be familiar with various FMR sections that were removed × .5 hours saved on average from each GS-13 that no longer is required to be familiar with this removed section, based on an estimated average reading speed of the removed section × $84.84 [GS-13 hourly rate, including fringe benefits]).

GSA estimates that in Year 1, for GS-15s,the total cost avoidance is $8,912 (=229 employees that GSA policy SMEs estimate need to be familiar with various FMR sections that were removed × .33 hours saved on average from each GS-15 that no longer is required to be familiar with this removed section, based on an estimated average reading speed of the removed section × $117.93 [GS-15 hourly rate, including fringe benefits]). GSA estimates that in Years 2-10, for GS-15s, the cost avoidance is $4,591 (=229 employees that GSA policy SMEs estimate need to be familiar with various FMR sections that were removed × .17 hours saved on average from each GS-15 that no longer is required to be familiar with this removed section, based on an estimated average reading speed of the removed section × $117.93 [GS-15 hourly rate, including fringe benefits]).

A breakdown of the undiscounted total annual estimates cost avoidance by GS levels by year from the reduction of regulatory text is provided in the table below.

ER16DE25.000

B. Reduction in Regulatory Familiarization Materials and Training

The removal of multiple sections of the FMR resulted in certain trainings no longer being required. These trainings were previously required in order to become familiar and knowledgeable about the various sections of the FMR, that have since been deleted. Due to a decrease in trainings that are required in the FMR, GSA assumes that Federal employees will spend less time receiving, delivering, or updating relevant training materials. These trainings related to personal property (supplemental trainings from deleted sections no longer need to be reviewed), and the real property section (Art in Architecture no longer develops or delivers trainings; Real Estate Acquisition—supplemental training materials from deleted sections no longer need to be reviewed; Location of Space—multiple trainings related to new construction and leasing no longer need to be developed, updated, and reviewed). These sections were all significantly reduced, and therefore, less time and effort will be spent on their associated trainings. This results in cost avoidance by the time saved by the Federal employees that receive, deliver, or update these training materials.

To calculate the economic impact of the reduction in receiving trainings, GSA estimates the number of Federal employees that needed to receive a training that was removed from the FMR, multiplied by the average time to take the training. This is the estimated amount of time saved by the reduction in receiving training. This number is multiplied by the hourly employee cost based on the average GS level of the employee receiving the training.

GSA estimates that in Year 1, the total cost avoidance from reduction in receiving trainings or training materials is $10,971,022 (=882 hours × $71.35[GS12])+ (128,572.5 hours ×

$84.84[GS13]). GSA estimates that in years 2,4,6,8, and 10, the total cost avoidance from reduction in receiving training is $10,842,552 (=127,800 hours × $84.84[GS13]). GSA estimates that in years 3,5,7,9, the total cost avoidance from reduction in receiving training is $10,965,713 (=(829 hours × $71.35[GS12] + (128,554.5 hours × $84.84[GS13]).

To calculate the economic impact of the reduction in delivering trainings, GSA estimates the number of Federal employees that needed to deliver a training that was removed from the FMR, multiplied by the average time to deliver the training. This is the estimated amount of time saved by the reduction in delivering training. This number is multiplied by the hourly employee cost based on the average GS level of the employee delivering the training. GSA estimates that in Year 1, the total net cost from changes to the requirements in delivering trainings is $1,584 (=(27 hours × $117.93[GS15])−(7.5 hours × 100.26[GS14])−(10hr × $84.84[GS13])). GSA estimates that in Years 2,4,6,8, and 10, the total net cost impact is $0. GSA estimates that in Years 3,5,7, and 9, the total cost avoidance is $752 (=7.5 hours × 100.26[GS14]).

To calculate the economic impact of the reduction for updating trainings, GSA estimated the number of Federal employees that needed to update a training that was removed from the FMR, multiplied by the average time to update the training. This is the estimated amount of time saved by the reduction in updating trainings. This number is multiplied by the hourly employee cost based on the average GS level of the employee updating the training. GSA estimates that in Year 1, the total net cost avoidance from the reduction in updating training is $21,306 (=(25.5 hours × $100.26[GS14]) + (221 hours × $84.84[GS13]).

A breakdown of the undiscounted total annual estimated cost avoidance by year from the reduction in regulatory familiarization materials and training is provided in the table below.

ER16DE25.001

C. Reduction in Regulatory Reporting

The removal of multiple sections of the FMR has resulted in multiple regulatory reports/reporting no longer being required. Due to a decrease in reports and reporting that is required in the FMR, GSA assumes that Federal employees will spend less time developing and reviewing reports.

These reports are primarily related to the FMR sections on motor vehicles (removed exempted motor vehicles report), personal property (removed eFAS and ESD module reports), real property (Art in Architecture—removed annual NAR report), transportation (removed the requirement for agencies to report on all paid transportation invoices) and mail (removed mail expenditure report). These reports were previously required by the FMR, and their removal reduces the workload of employees. This results in cost avoidance by the time saved by the Federal employees that develop and review reports. It should be noted that in the calculations for this section, we only identified cost savings for GS-11s, GS-12s, GS-13s, and GS-14s.

To calculate the economic impact of the reduction in required reports and reporting, GSA estimated the number of employees needed to develop and review these reports, multiplied by the average time to develop and review these reports. This is the time saved by the reduction in reports. This number is multiplied by the hourly employee cost based on the average GS level of the employee developing and reviewing the reports.

In Year 1-10, GSA estimates that for GS-11 employees, the total cost avoidance is $166,656 (=2,800 hours × $59.52). In Year 1-10, GSA estimates that for GS-12 employees, the total cost avoidance is $3,568 (=50 hours × $71.35). In Year 1-10, GSA estimates that for GS-13 employees, the total cost avoidance is $848 (=10 hours × $84.84). In Year 1-10, GSA estimates that for GS-14 employees, the total cost avoidance is $201 (=2 hours × $100.26).

A breakdown of the undiscounted total annual estimated cost avoidance by GS levels by year from the reduction in regulatory reporting is provided in the table below.

ER16DE25.002

D. Reduction in Additional Regulatory Activities

Due to a reduction in additional activities required in the FMR, GSA assumes Federal employees will be completing fewer required activities related to the FMR. These reduced activities include targeted Federal Advisory Committee Act (FACA) outreach (for FACA committee membership added in the April 2024 Final Rule (89 FR 27673, April 18, 2024)) and communications (no longer requiring public notice when removing excess personal property), a reduction in required updates to internal policies and plans (primarily related to agencies no longer being required to develop and execute sustainability plans), a consolidation of agency transportation systems (GSA will be consolidating procurement systems from other agencies), a reduction in Government Publishing Office (GPO) printing costs from reduced FMR page count, a reduction in the time to update content from the FMR that has been moved to desk guides, and a reduction in the amount of research and considerations needed to make decisions (primarily related to time saved by the removal of decision making considerations that were previously required for personal property). This results in cost avoidance from the time saved by Federal employees no longer required to complete these activities, as well as other associated costs.

To calculate the economic impact of the reduction in required outreach and communications, GSA estimated the number of Federal employees that needed to develop and send these communications, multiplied by the average time to develop and send these communications. This is the estimated amount of time saved from the reduction in outreach and communications. This number is multiplied by the hourly employee cost based on the average GS level of the employee that develops and sends these communications. GSA estimates that in Year 1, the total net cost avoidance from the reduction in required outreach and communications is $4,298,968 (=(30,000 hours × $49.20[GS9]) + (35,014.5 hours × $84.84[GS13])−(880 hours × $100.26[GS14])−($59,434 [Additional annual

Federal Register

publishing costs]). GSA estimates that in Year 2, the total net cost avoidance from the reduction in required outreach and communications is $2,944,455 (=(30,000 hours × $49.20[GS9]) + (19,049.00 hours × $84.84[GS13])−(880 hours × $100.26[GS14])−($59,433.60 [Additional annual printing costs]). GSA estimates that in Year 3-10, the total net cost avoidance from the reduction in required outreach and communications is $1,422,680 (=(30,000 hours × $49.20[GS9]) + (1,112.00 hours × $84.84[GS13])−(880 hours × $100.26[GS14])−($59,433.60 [Additional annual printing costs]).

To calculate the economic impact of the reduction in required updates to internal policies and plans, GSA estimated the number of employees that needed to develop and update these policies and plans, multiplied by the average time to develop and update these policies and plans, multiplied by the frequency that these policies and plans needed to be updated. This is the estimated amount of time saved from the reduction in required updates to internal policies and plans. This is multiplied by the hourly employee cost based on the average GS level of the employee that developed and updated these policies and plans. GSA estimates that in Year 1, the total net cost avoidance from the reduction in required updates to internal policies and plans is $47,292,413 (=(800,000 hours × $59.52[GS11]−(493.5 hours × $71.35[GS12]) + (240 hours × $84.84[GS13])−(3774 hours × $100.26[GS14) + (834 hours × 117.93[GS15]) + (2 hours × $144.91[SES])−($29,000 [one time cost for updating FACA database]). GSA estimates that in Year 2, the total net cost avoidance from the reduction in required updates to internal policies and plans is 47,476,842.38 (=(800,000 hours × 59.52[GS11]) + (240 × $84.84[GS13])−(2,829 hours × $100.26[GS14]) + (1,050 hours × $117.93[GS15]) + (2 hours × $144.91[SES]). GSA estimates that in Years 3-10, the total net cost avoidance from the reduction in required updates to internal policies and plans is $47,570,697 (=(800,000 hours × 59.52[GS11]) + (240 × $84.84[GS13])−(1,890 hours × $100.26[GS14]) + (1,050 hours × $117.93[GS15]).

To calculate the economic impact of the consolidation of agency transportation services, GSA used its annual operating and maintenance costs for maintaining its current Transportation Management Services Solution as a baseline, multiplied by the number of agencies that will remove their current transportation systems by utilizing GSA's Transportation Management Services Solution. GSA estimates that in Years 1-10, the total net cost avoidance from the consolidation of these transportation services is $15,645,936 (=$1,955,742 [annual O&M cost for GSA's Transportation Management Services Solution] × 8 [Number of agencies that will remove their current transportation systems by utilizing GSA's Transportation Management Services Solution]).

To calculate the economic impact of the reduction in GPO publishing costs from reduced FMR page count, GSA estimates the average publishing costs for GPO to publish a single page, multiplied by the number of pages that were reduced from the FMR, multiplied by the average frequency with which the FMR would need to be printed by GPO. GSA estimates that in Years 1-10, the total net cost avoidance from the reduction in publishing costs is $39,865 (=469 fewer printed pages × $85 for GPO to print a page from MS Word).

To calculate the economic impact of moving content from the FMR to desk guides, GSA estimates the average cost of updating a section of the FMR based on the amount of time spent on updates, multiplied by the hourly employee cost based on the average GS levels of the employees involved. That number is multiplied by the number of sections that are removed from the FMR. GSA assumes these sections would need to be updated every 5 years on average. GSA estimates that in Year 1 and 6, the total net cost avoidance of moving content from the FMR to desk guides is 7,034,479 (=((2,080 hours × $84.84[GS13]) + (2,080 hours × $100.26[GS14]) + (40 hours × $144.91[SES])) × 18 [number of sections wholly removed from FMR]).

To calculate the economic impact of a reduction in the amount of research and considerations needed to make decisions, GSA estimated the number of employees that needed to conduct additional research or considerations based on requirements in the FMR, multiplied by the average amount of time on average it would take to conduct this additional research. This is the estimated amount of time saved by the reduction in the amount of research and considerations needed to make decisions. This number is multiplied by the hourly employee cost based on the average GS level that is needed to conduct this additional research. GSA estimates that in Years 1-10, the total net cost avoidance from the reduction in required outreach and communications is $10,869,180 (=(30,000 hours × $49.20 [GS9]) + (30,000 hours × $59.52 [GS11]) + (43,500 hours × $71.35) + (51,160 hours × $84.84 [GS13]) + (1,610 hours × $100.26[GS14]) + (5 hours × $117.93[GS15]) + (10 hours × $143.20 [US District Court Judge Average Hourly Rate]).

A breakdown of the undiscounted total annual estimated cost avoidance by year from the reduction in additional regulatory activities is provided in the table below.

ER16DE25.003

2. Economic Impact to Large and Small Entities

A. Reduction of Regulatory Text

Due to reduced page count, GSA assumes private sector employees will no longer need to familiarize themselves with the removed duplicative content in the FMR. This results in cost avoidance from the time saved by the private sector employees reading the FMR. To calculate economic impact, GSA estimated the number of private sector employees that need to familiarize themselves with the different sections of the FMR, multiplied by the number of page reductions for each section, then multiplied by an assumed average reading speed per page. This is the estimated amount of time saved by the reduction of pages. This number is multiplied by the hourly cost of the private sector employee based on average GS level equivalents that no longer need to familiarize themselves with the removed duplicative content. GSA assumes that in every subsequent year, these private sector employees would spend half that time to refresh their knowledge of that section. GSA estimates that in Year 1, the total cost avoidance for GS13 equivalent employees is $1,027,412 (=12,110 hours × $84.84). GSA estimates that in Years 2-10, the total cost avoidance for GS13 equivalent employees is $513,706 (=6,055 × $84.84). GSA estimates that in Year 1, the total cost avoidance for GS15 equivalent employees is $19,688 (=166.95 hours × $117.93). GSA estimates that in Years 2-10, the total cost avoidance is $10,030 (=85.05 hours × $117.93).

A breakdown of the undiscounted total annual estimated cost avoidance by private sector GS level equivalents by year from reduction in regulatory text is provided in the table below.

ER16DE25.004

B. Reduction in Additional Regulatory Activities

Due to a reduction in additional activities required in the FMR, GSA assumes cost avoidance from the time saved by private sector employees that are no longer required to complete these activities. These reduced additional activities include a reduction in required forms, and a reduction in the amount of research and considerations needed to make decisions.

To calculate the economic impact of a reduction in the amount of research and considerations needed to make decisions, GSA estimated the number of private sector employees that needed to conduct additional research or considerations based on requirements in the FMR, multiplied by the amount of time on average it would take to conduct this additional research. This is the estimated amount of time saved by the reduction in the amount of research and considerations needed to make decisions. This number is multiplied by the hourly cost of the private sector employee based on average GS level equivalents.

GSA estimates that in Year 1-10, the cost avoidance from a reduction in additional activities required by the private sector is $1,532 (20 hours × $76.61[estimated private sector salary]).

Due to a decrease in forms required in the FMR, GSA assumes that private sector employees will spend less time completing and submitting forms. This results in cost avoidance for the time saved by the private sector employees that no longer need to complete these forms.

To calculate economic impact, GSA estimated the number of private sector employees that needed to complete required forms according to the FMR, multiplied by estimated average amount of time to complete these forms. This is the estimated amount of time saved by the reduction in forms. This number is multiplied by the hourly cost of the private sector employee based on average GS level equivalents.

GSA estimates in Year 1, the total cost avoidance from a reduction in required forms for the private sector is $20,636 (=637.5 hours × $32.37[estimated private sector salary]). GSA estimates in Year 2-10, the total cost avoidance from a reduction in required forms for the private sector is $2,428 (=75 hours × $32.37[estimated private sector salary]).

A breakdown of the undiscounted total annual estimated cost avoidance by year from the reduction in additional regulatory activities is provided in the table below.

ER16DE25.005

3. Total Overall Economic Impact

The undiscounted estimated total overall net cost avoidance over a ten-year period for public entities (large and small) is $5,818,533. The undiscounted estimated total overall net cost avoidance over a ten-year period for the Government is $897,816,443. The undiscounted estimated total overall net cost avoidance over a ten-year period for both public entities and the Government is $903,634,975. The table below summarizes the undiscounted estimated total overall net cost avoidance over a ten-year period from deregulations made to the FMR.

ER16DE25.006

The discounted estimated total overall net cost avoidance over a 10-year period is $772,189,519 at a 3-percent discount rate and $637,329,436 at a 7-percent discount rate. The following is a summary of the estimated costs calculated for a 10-year time horizon at a 3- and 7-percent discount rate:

ER16DE25.007

IV. Administrative Procedure Act

This rulemaking is exempt from the advance notice-and-comment and delayed-effective-date requirements of the Administrative Procedure Act (APA) pursuant to 5 U.S.C. 553(a)(2), because this rulemaking relates to agency management or personnel or to public property, loans, grants, benefits, or contracts. This rulemaking relates to both GSA's agency management and public property because it applies to Federally owned facilities and the disposition of personal property under the jurisdiction, custody and control of GSA.

V. Executive Orders 12866, 13563, and 14192

E.O. 12866 (Regulatory Planning and Review) directs agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. E.O. 13563 (Improving Regulation and Regulatory Review) emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. The Office of Management and Budget's Office of Information and Regulatory Affairs (OIRA) has determined that this rule is a significant regulatory action and, therefore, it was reviewed under section 6(b) of E.O. 12866. This action is considered an E.O. 14192 deregulatory action. We estimate that this rule generates $84.44 million in annualized cost savings at a 7 percent discount rate, discounted relative to year 2024, over a perpetual time horizon.

VI. Congressional Review Act

Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996 (codified at 5 U.S.C. 801-808), is also known as the Congressional Review Act or CRA. The CRA generally provides that before a rule may take effect, unless excepted, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. This action is excepted from CRA reporting requirements prescribed under 5 U.S.C. 801 as it relates to agency management or personnel under 5 U.S.C. 804(3)(B) and is therefore not a “rule” for purposes of the CRA. OIRA has further determined that this action does not meet the definition of a major rule under 5 U.S.C. 804(2).

VII. Regulatory Flexibility Act

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.

This final rule is also exempt from the APA pursuant to 5 U.S.C. 553(a)(2) because it applies to agency management or personnel or to public property, loans, grants, benefits, or contracts. Therefore, an Initial Regulatory Flexibility Analysis was not performed.

VIII. Paperwork Reduction Act

The Paperwork Reduction Act does not apply because the changes to the FMR do not impose recordkeeping or information collection requirements, or the collection of information from offerors, contractors, or members of the public that require the approval of OMB under 44 U.S.C. 3501,

et seq.

IX. Severability

This rule contains significant deletions across 41 CFR parts 102-3, 102-5, 102-33, 102-34, 102-35, 102-36, 102-37, 102-38, 102-39, 102-40, 102-41, 102-42, 102-71, 102-72, 102-73, 102-74, 102-75, 102-76, 102-77, 102-78, 102-79, 102-80, 102-81, 102-82, 102-83, 102-85, 102-117, 102-118, and 102-192. Deleted passages address a variety of distinct and unrelated topics, subtopics and individual circumstances and GSA considers each deletion to be separate and severable from one another. In the event of a stay or invalidation of any particular deletion, the remaining deletions would not be impacted and therefore would continue to function effectively. Restored provisions would not render remaining deletions unworkable. It is GSA's intention that the remaining deletions remain in effect.

GSA is adding a new section on severability at 41 CFR 102-3.190, which states that all provisions included in part 102-3 are separate and severable from one another.

Regulations concerning Federal Advisory Committee Management do a number of things—from outlining public notification requirements to explaining the role of an agency head. Overall, each constituent element in part 102-3 operates independently to help ensure that standards and uniform procedures govern the establishment, operation, administration, and duration of advisory committees. See sec. 2(b)(4) of the Federal Advisory Committee Act, as amended (codified at 5 U.S.C. 1002(b)(4)).

Accordingly, if any particular provision in part 102-3 were to be stayed or invalidated by a reviewing court, the remaining provisions would continue to function effectively for advisory committees. For example, if 41 CFR 102-3.75 on charter requirements were invalidated, that would not make 41 CFR 102-3.155, which lists the requirements for facilitating an advisory committee meeting that is closed to the public, unworkable. Likewise, if 41 CFR 102-3.60(b)(3) on attaining fairly balanced membership were invalidated, that would not prevent an agency from relying on the definitions in 41 CFR 102-3.25 to understand what “committee staff” means.

Further, any cross-references that appear throughout part 102-3 are duplicative and are intended only to make the regulations more user-friendly. Invalidation of a particular provision that is cross-referenced elsewhere will not materially alter the provision that contains the cross-reference.

In summary, removal of any particular provision from part 102-3 would not render the entire regulatory scheme unworkable. Thus, GSA considers each of the provisions in part 102-3 to be separate and severable from one another. In the event of a stay or invalidation of any particular provision, it is GSA's intention that the remaining provisions shall continue in effect.

GSA is also adding a new provision on severability at 41 CFR 102-71.120, which states that all provisions included in part 102-71 are separate and severable from one another.

If any particular term or provision in part 102-71, or the application thereof to any agency or circumstance, is determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining terms or provisions, or the application of such term or provision to agencies or circumstances other than those to which it is invalid or unenforceable, will not be affected thereby, and each term and provision of this rule will be valid and be enforced to the fullest extent permitted by law.

Further, any cross-references that appear throughout part 102-71 are duplicative and are intended only to make the regulations more user-friendly. Invalidation of a particular provision that is cross-referenced elsewhere will not materially alter the provision that contains the cross-reference.

In summary, removal of any particular provision from part 102-71 would not render the entire regulatory scheme unworkable. Thus, GSA considers each of the provisions in part 102-71 to be separate and severable from one another. In the event of a stay or invalidation of any particular provision, it is GSA's intention that the remaining provisions will continue in effect.

X. Signing Authority

The Acting Administrator of GSA, Michael Rigas, having reviewed and approved this document, is delegating the authority to electronically sign this document to Larry Allen, who is the Associate Administrator of the Office of Government-wide Policy, for purposes of publication in the

Federal Register

.

List of Subjects

41 CFR Part 102-3

Advisory committees, Government property management.

41 CFR Part 102-5

Government property management, Transportation.

41 CFR Part 102-33

Accounting, Aircraft, Aviation safety, Government property management.

41 CFR Part 102-34

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

41 CFR Part 102-35

Government employees.

41 CFR Part 102-36

Government property management, Surplus Government property.

41 CFR Part 102-37

Government property management, Homeless, Reporting and recordkeeping requirements, Surplus Government property.

41 CFR Parts 102-38 and 102-39

Government property management, Surplus Government property.

41 CFR Parts 102-40 and 102-41

Government property management.

41 CFR Part 102-42

Conflict of interests, Decorations, Foreign relations, Government property, Government property management.

41 CFR Part 102-71

Administrative practice and procedure, Federal buildings and facilities, Government property, Government property management, Rates and fares.

41 CFR Part 102-72

Administrative practice and procedure, Federal buildings and facilities, Government property management, Organization and functions (Government agencies), Rates and fares.

41 CFR Part 102-73

Administrative practice and procedure, Federal buildings and facilities, Real property acquisition.

41 CFR Part 102-74

Blind, Concessions, Energy conservation, Federal buildings and facilities, Fire prevention, Government property management, Parking, Rates and fares.

41 CFR Part 102-75

Federal buildings and facilities, Government property management, Rates and fares, Surplus Government property.

41 CFR Part 102-76

Energy conservation, Federal buildings and facilities, Government property management, Individuals with disabilities, Real property acquisition, Security measures.

41 CFR Part 102-77

Federal buildings and facilities, Government property management, Rates and fares.

41 CFR Part 102-78

Federal buildings and facilities, Government property management, Historic preservation, Rates and fares.

41 CFR Part 102-79

Federal buildings and facilities, Government property management, Rates and fares.

41 CFR Part 102-80

Federal buildings and facilities, Fire prevention, Government property management, Occupational safety and health, Rates and fares.

41 CFR Part 102-81

Federal buildings and facilities, Government property management, Rates and fares, Security measures.

41 CFR Part 102-82

Federal buildings and facilities, Government property management, Rates and fares, Utilities.

41 CFR Parts 102-83 and 102-85

Federal buildings and facilities, Government property management, Rates and fares.

41 CFR Part 102-117

Freight, Government property management, Moving of household goods, Reporting and recordkeeping requirements, Transportation.

41 CFR Part 102-118

Accounting, Claims, Government property management, Reporting and recordkeeping requirements, Transportation.

41 CFR Part 102-192

Government property management, Organization and functions (Government agencies), Reporting and recordkeeping requirements, Security measures.

41 CFR Part 102-193

Archives and records, Computer technology, Government property management.

Larry Allen,

Associate Administrator, Office of Government-wide Policy.

For the reasons stated in the preamble, GSA amends 41 CFR chapter 102 as follows:

1. Revise part 102-3 to read as follows:

PART 102-3—FEDERAL ADVISORY COMMITTEE MANAGEMENT

Subpart A—Federal Advisory Committee Management Policies

Sec.

102-3.5

Coverage and application of this part.

102-3.10

Purpose and scope of the Federal Advisory Committee Act.

102-3.15—102-3.20

[Reserved]

102-3.25

Definitions.

102-3.30

[Reserved]

102-3.35

Policies governing the use of subcommittees.

102-3.40

Activities, committees, or groups not covered by the Act and this part.

Subpart B—Establishment, Renewal, Reestablishment, Merger, and Termination of Advisory Committees

102-3.45

Requirements for establishing and terminating advisory committees.

102-3.50

Authorities for establishing advisory committees.

102-3.55

Duration of advisory committees.

102-3.60

Procedures for establishing, renewing, reestablishing, or merging discretionary advisory committees.

102-3.65

Public notification requirements for discretionary advisory committees.

102-3.70

Filing requirements for advisory committee charters.

102-3.75

Content of advisory committee charters.

102-3.80

Amendments to advisory committee charters.

102-3.85

[Reserved]

Subpart C—Management of Advisory Committees

102-3.90

Responsibilities and functions under this subpart.

102-3.95

Principles for managing advisory committees.

102-3.100

Responsibilities and functions of GSA.

102-3.105

Responsibilities of an agency head.

102-3.110

Responsibilities of a chairperson of an independent Presidential advisory committee.

102-3.115

Responsibilities and functions of a CMO.

102-3.120

Responsibilities and functions of a DFO.

102-3.125

Agency administrative guidelines to implement an advisory committee.

102-3.130

Policies for appointment, and compensation or reimbursement of advisory committee members.

Subpart D—Advisory Committee Meeting and Recordkeeping Procedures

102-3.135

Coverage and application of this subpart.

102-3.140

Policies for advisory committee meetings.

102-3.145

Policies for subcommittee meetings.

102-3.150

Announcement of advisory committee meetings to the public.

102-3.155

Procedures for closing advisory committee meetings to the public.

102-3.160

Activities of advisory committees not subject to notice and open meeting requirements.

102-3.165

Documentation of advisory committee meetings.

102-3.170

Access to advisory committee records.

102-3.175

Reporting and recordkeeping requirements for advisory committees.

Subpart E—Advice or Recommendations Provided to Agencies by the National Academy of Sciences or the National Academy of Public Administration

102-3.180

Coverage and application of this subpart.

102-3.185

Requirements for agencies using advice from NAS or NAPA.

Subpart F—Severability

102-3.190

Severability of provisions.

Authority:

40 U.S.C. 121; 5 U.S.C. chapter 10; and E.O. 12024, 42 FR 61445, 3 CFR, 1977 Comp., p. 158.

Subpart A—Federal Advisory Committee Management Policies

§ 102-3.5

Coverage and application of this part.

This part provides the policy framework and establishes minimum requirements that must be used by agency heads and Federal officers in applying the Federal Advisory Committee Act, as amended (FACA or “the Act”), 5 U.S.C. chapter 10, to advisory committees they establish and operate. This part is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person, including any advisory committee or officer, member, employee, agent, or contractor of any advisory committee.

§ 102-3.10

Purpose and scope of the Federal Advisory Committee Act.

FACA governs the establishment, operation, administration, and termination of advisory committees within the executive branch of the Federal Government. The Act defines what constitutes a Federal advisory committee, provides general procedures for the executive branch to follow for operating an advisory committee, and is designed to assure that the Congress and the public are kept informed with respect to the number, purpose, membership, activities, recommendations, outcomes, and cost of advisory committees through reporting requirements.

§§ 102-3.15—102-3.20

[Reserved]

§ 102-3.25

Definitions.

The following definitions apply to this part:

Act

means the Federal Advisory Committee Act (FACA), as amended, 5 U.S.C. chapter 10.

Administrator

means the Administrator of General Services.

Advisory committee

means any committee, board, commission, council, conference, panel, task force, or other similar group, which is established by statute, or established or utilized by the President or by an agency official, for the purpose of obtaining the group's advice or recommendations for the President or on issues or policies within the scope of agency responsibilities (codified at 5 U.S.C. 1001). Advisory committees are subject to the Act unless specifically exempted by the Act, or by other statutes, or not covered by this part.

Agency

has the same meaning as in 5 U.S.C. 551(1).

Agency head

means the head of an executive branch agency, department, or commission, or their designated delegate.

Chairperson

means the advisory committee or subcommittee member who serves in this role on an advisory committee or subcommittee by statutory requirement, or by appointment or invitation by Presidential authority or an agency's authority.

Committee Management Officer (CMO)

means the individual designated by the agency head to implement the provisions of sec. 8(b) of the Act (codified at 5 U.S.C. 1007(b)) and any delegated responsibilities of the agency head under the Act.

Committee Management Secretariat (Secretariat)

means the organization established pursuant to sec. 7(a) of the Act (codified at 5 U.S.C. 1006(a)), which is responsible for all matters relating to advisory committees and carries out the responsibilities of the Administrator under the Act and E.O. 12024 (3 CFR, 1977 Comp., p. 158).

Committee meeting

means any gathering of advisory committee members (whether in person or electronically, such as using telecommunications or through a virtual platform), held with the approval of an agency, and with a Designated Federal Officer in attendance, for the purpose of deliberating on the matters upon which the advisory committee provides advice or recommendations.

Committee member

means an individual who serves by appointment or invitation by the appointing authority on an advisory committee or subcommittee.

Committee staff

means any Federal employee, private individual, or other party (whether under contract or not) who is not a committee member, and who serves in a support capacity to an advisory committee or subcommittee.

Designated Federal Officer (DFO)

means an individual designated by the agency head, for each advisory committee for which the agency head is responsible, to implement the provisions of secs. 10(e) and (f) of the Act (codified at 5 U.S.C. 1009(e) and (f)) and any advisory committee procedures of the agency under the control and supervision of the CMO.

Discretionary advisory committee

means any advisory committee that is established under the authority of an agency head or authorized by statute, and its establishment or termination is within the legal discretion of an agency head.

Independent Presidential advisory committee

means any Presidential advisory committee not assigned by the Congress, or by the President or the President's delegate, to an agency for administrative and other support.

Non-discretionary advisory committee

means any advisory committee either required by statute or by Presidential directive, and its establishment or termination is beyond the legal discretion of an agency head.

Presidential advisory committee

means any advisory committee authorized by the Congress or directed by the President to advise the President.

Subcommittee

means a group that reports to an advisory committee, and not directly to a Federal officer or agency, whether or not its members are drawn in whole or in part from the parent advisory committee.

Utilized by

means a committee over which the President or a Federal officer or agency exercises actual management or control of its operation, whether or not it was established by the Federal Government.

§ 102-3.30

[Reserved]

§ 102-3.35

Policies governing the use of subcommittees.

In general, the requirements of the Act and the policies of this part do not apply to subcommittees of advisory committees as long as the subcommittee reports only to that parent advisory committee and not directly to a Federal officer or agency. However, before establishing a subcommittee under a discretionary committee that is not made up entirely of members of a parent advisory committee, the head of the agency shall follow the same consultation process and document in writing the same determination of need for the subcommittee as is required under § 102-3.60(a) for the creation of a discretionary advisory committee.

§ 102-3.40

Activities, committees, or groups not covered by the Act and this part.

In addition to the committees created by the National Academy of Sciences, Engineering, and Medicine and the National Academy of Public Administration (except as covered by subpart E of this part), the Central Intelligence Agency, and the Federal Reserve, the following are examples of committees or groups that are not covered by the Act or this part:

(a) Any advisory committee established or utilized by the Office of the Director of National Intelligence, if the Director of National Intelligence

determines that for reasons of national security such advisory committee cannot comply with the requirements of the Act;

(b) Committees specifically exempted by statute;

(c) Committees created by non-Federal entities and not actually managed or controlled by the executive branch;

(d) Groups assembled where attendees provide individual advice to a Federal official(s);

(e) Groups assembled to exchange facts or information with a Federal official(s);

(f) Any committee composed wholly of full-time or permanent part-time officers or employees of the Federal Government and elected officers of State, local, and Tribal governments (or their designated employees with authority to act on their behalf), acting in their official capacities, and exclusively discussing matters relating to the management or implementation of Federal programs established pursuant to public law that explicitly or inherently share intergovernmental responsibilities or administration (sec. 204(b) of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1534(b), and Office of Management and Budget (OMB) Memorandum M-95-20, dated September 21, 1995);

(g) Any committee composed wholly of full-time or permanent part-time officers or employees of the Federal Government;

(h) Local civic groups whose primary function is that of rendering a public service with respect to a Federal program;

(i) Groups established to advise State or local officials;

(j) Any committee established to perform primarily operational as opposed to primarily advisory functions. Operational functions are those specifically authorized by statute or Presidential directive, such as making or implementing Government decisions or policy. A committee designated operational may be covered by the Act if it becomes primarily advisory in nature;

(k) Meetings where individual rather than consensus advice is sought, such as roundtable discussions, workshops, townhall meetings, listening sessions, fact-finding meetings, meetings with an individual, or meetings with small groups of experts that do not involve regular meetings and collective recommendations;

(l) Public engagement that is required by statutes, including but not limited to: notice and comment rulemaking under the Administrative Procedure Act (5 U.S.C. 551-559), public meetings required under the National Environmental Policy Act (42 U.S.C. 4321), or public participation under the Resource Conservation and Recovery Act (42 U.S.C. 6974(b)), the Clean Water Act (33 U.S.C. 1251(e)), or the Safe Drinking Water Act (42 U.S.C. 300j-9) and the National Historic Preservation Act section 106 (54 U.S.C. 306108);

(m) Meetings with pre-existing non-governmental groups such as trade associations, advocacy groups, veterans organizations, environmental groups, or religious organizations where each group already has formulated views that it seeks to share with the Government; and

(n) Meetings where an agency is either providing its views to the private sector, or is assisting the private sector in developing guidance for itself.

Subpart B—Establishment, Renewal, Reestablishment, Merger, and Termination of Advisory Committees

§ 102-3.45

Requirements for establishing and terminating advisory committees.

Requirements for establishing and terminating advisory committees vary depending on the establishing entity and the source of authority for the advisory committee. This subpart covers the procedures associated with the establishment, renewal, reestablishment, merger, and termination of advisory committees.

§ 102-3.50

Authorities for establishing advisory committees.

FACA identifies four sources of authority for establishing an advisory committee:

(a)

Required by statute.

By law where Congress establishes an advisory committee, or specifically directs the President or an agency to establish it (non-discretionary);

(b)

Presidential authority.

By Presidential directive (non-discretionary);

(c)

Authorized by statute.

By law where Congress authorizes, but does not direct the President or an agency to establish it (discretionary); or

(d)

Agency authority.

By an agency under general authority in title 5 of the United States Code or under other agency-authorizing statutes (discretionary).

§ 102-3.55

Duration of advisory committees.

(a) An advisory committee automatically terminates two years after its date of establishment unless:

(1) The statutory authority used to establish the advisory committee provides a different duration or termination, either stated in or implied by operation of the statute;

(2) The President or agency head as applicable determines that the advisory committee has fulfilled the purpose for which it was established and terminates the advisory committee earlier;

(3) The President or agency head as applicable determines that the advisory committee is no longer carrying out the purpose for which it was established and terminates the advisory committee earlier; or

(4) The President or agency head as applicable renews the advisory committee not later than two years after its date of establishment, renewal, or reestablishment in accordance with § 102-3.60. If the President or an agency needs an advisory committee that was terminated, it can be reestablished in accordance with § 102-3.60.

(b) When an advisory committee terminates, the agency shall notify the Secretariat of the effective date of the termination.

§ 102-3.60

Procedures for establishing, renewing, reestablishing, or merging discretionary advisory committees.

(a)

Consultation with the Secretariat.

To establish, renew, reestablish, or merge a discretionary advisory committee, the agency head must first consult with the Secretariat and, as part of the consultation, provide a written public interest determination approved by the head of the agency to the Secretariat documenting that the establishment, renewal, reestablishment, or merger of the committee is essential to the conduct of agency business and that the information to be obtained is not already available through another advisory committee or source within the Federal Government. At a minimum, the following factors should be addressed in the written public interest determination provided to the Secretariat (with a copy to OMB) to demonstrate that establishing the committee is in the public interest:

(1) Annual budget and expected costs broken into:

(i) Federal personnel (based on full-time equivalent (FTE) usage basis) and other Federal internal costs;

(ii) Proposed payments to members and number of members; and

(iii) Reimbursable costs;

(2) If applicable, the total dollar value of grants expected to be recommended during the fiscal year;

(3) Criteria for selecting members to ensure the committee has the necessary expertise and fairly balanced membership;

(4) List of all other Federal advisory committees of the agency;

(5) Justification that the information or advice provided by the Federal advisory committee is not available from another Federal advisory committee, another Federal Government source or any other more cost-effective and less burdensome source; and

(6) If the justification relates to a renewal, a summary of the previous accomplishments of the committee and the reasons it needs to continue.

(b)

Agency considerations for fairly balanced membership.

To comply with the Act's requirement for fairly balanced membership, during the Federal advisory committee member recruitment process agencies should consider the following:

(1)

The points of view required.

During the formation of the advisory committee membership and as membership vacancies occur, agencies should ensure that they fully consider and understand the potential implications or anticipated impacts of the advisory committee's potential recommendations. This includes consideration of the groups and entities potentially affected or interested in such recommendations, as appropriate based on the nature and functions of the advisory committee, so that the agency can make informed decisions on the areas of expertise or perspectives that would advance the work of the advisory committee. Advisory committees requiring technical expertise should include persons with demonstrated professional or personal qualifications and experience relevant to the functions and tasks to be performed by the committee.

(2)

Outreach.

Having identified the points of view that would promote a fairly balanced advisory committee membership, agencies should conduct broad outreach.

§ 102-3.65

Public notification requirements for discretionary advisory committees.

A notice to the public in the

Federal Register

is required when a discretionary advisory committee is established, renewed, reestablished, or merged.

(a)

Procedure.

Upon receipt of the written public interest determination approved by the head of the agency and information required in accordance with § 102-3.60(a), the Secretariat may provide an assessment to the agency (with a copy to OMB) as to its views on whether establishment of the advisory committee is in the public interest. Following receipt of this assessment or notification from the Secretariat that no such assessment will be produced, the agency must publish a notice in the

Federal Register

announcing that the advisory committee is being established, renewed, reestablished, or merged. The notice must include the written public interest determination approved by the head of the agency described in § 102-3.60(a) and any assessment provided by the Secretariat.

(b)

Time required for notices.

The required notices for establishment, renewal, reestablishment, or merger must appear at least 7 calendar days before the charter is filed, except that the Secretariat may approve less than 7 calendar days when requested by the agency in exceptional circumstances.

§ 102-3.70

Filing requirements for advisory committee charters.

No advisory committee may meet or take any action until a charter has been filed by the CMO or by another agency official designated by the agency head.

(a)

Requirement for discretionary advisory committees.

To amend a charter, or establish (including due to a merger), renew, or reestablish a discretionary advisory committee, a charter must be filed with:

(1) The agency head;

(2) The standing committees of the Senate and the House of Representatives having legislative jurisdiction of the agency, the date of filing with which constitutes the official date of establishment for the advisory committee;

(3) The Library of Congress;

(4) The Secretariat, indicating the date the charter was filed in accordance with paragraph (a)(2) of this section; and

(5) OMB.

(b)

Requirement for non-discretionary advisory committees.

Charter filing requirements for non-discretionary advisory committees are the same as those in paragraph (a) of this section, except that the date of establishment, renewal, merger, or reestablishment for a Presidential advisory committee is the date the charter is filed with the Secretariat.

§ 102-3.75

Content of advisory committee charters.

An advisory committee charter is intended to provide a description of an advisory committee's mission, goals, and objectives. The charter must contain the following information:

(a) The advisory committee's official designation (official name);

(b) The legal authority that permits the advisory committee to be established;

(c) The objectives and the scope of the advisory committee's activities;

(d) A description of the duties for which the advisory committee is responsible and specification of the authority for any non-advisory functions;

(e) The agency or Federal officer to whom the advisory committee submits its recommendations;

(f) The agency responsible for providing the necessary support to the advisory committee, including the name of the President's delegate, agency, or organization responsible for fulfilling the reporting requirements of sec. 6(b) of the Act (codified at 5 U.S.C. 1005(b)), if appropriate;

(g) The estimated annual costs to operate the advisory committee in dollars and person years (FTE). The estimated costs should break down all costs into the three categories described in § 102-3.60(a);

(h) The estimated number and frequency of the advisory committee's meetings;

(i) The period of time necessary to carry out the advisory committee's purpose(s);

(j) The planned termination date, if less than two years from the date of establishment of the advisory committee;

(k) The estimated number of advisory committee members, the expertise or experience required, and the anticipated advisory committee member designations;

(l) Whether subcommittees may be created and by whom; and

(m) The date the charter is filed in accordance with § 102-3.70.

§ 102-3.80

Amendments to advisory committee charters.

The agency head is responsible for amending the charter of an advisory committee. Amending any existing advisory committee charter does not constitute renewal of the advisory committee under § 102-3.60. The procedures for making changes and filing amended charters will depend upon the authority basis for the advisory committee:

(a)

Non-discretionary advisory committees.

When Congress by law, or the President by Presidential directive (

e.g.,

E.O.), changes the authorizing language that has been the basis for establishing an advisory committee, the agency head or the chairperson of an independent Presidential advisory committee must amend those sections of the current charter affected by the new statute or Presidential directive (

e.g.,

E.O.), and file the amended charter as specified in § 102-3.70.

(b)

Discretionary advisory committees.

The agency head must amend the charter of a discretionary advisory committee when an agency head

determines that provisions of a filed charter are inaccurate or obsolete, specific provisions have changed, such as the name of the advisory committee, number of members, estimated number or frequency of meetings, objectives, or estimated costs, or when advisory committees need to be merged. The agency must then file the amended charter as specified in § 102-3.70.

(c)

Public notification of charter amendments.

Agencies must post an announcement and a copy of the charter amendment on the advisory committee website. If an advisory committee website is not available, the agency must publish a notice of amendment in the

Federal Register

.

Federal Register

notice publishing and website posting of charter amendments may be performed concurrently with the filing of the charter. The publishing requirement in the

Federal Register

does not apply to a non-discretionary advisory committee if the amendment was the result of a legislative change or Presidential directive.

§ 102-3.85

[Reserved]

Subpart C—Management of Advisory Committees

§ 102-3.90

Responsibilities and functions under this subpart.

This subpart outlines specific responsibilities and functions to be carried out by the U.S. General Services Administration (GSA), the agency head, the CMO, and the DFO under the Act.

§ 102-3.95

Principles for managing advisory committees.

Agencies are to apply the following principles to the management of their advisory committees:

(a)

Provide adequate support and access.

Before establishing an advisory committee, agencies should identify requirements and ensure that adequate resources are available to support anticipated activities, such as work and meeting space, necessary technology, supplies and equipment (

e.g.,

adequate virtual meeting capabilities), Federal staff support, access to key decisionmakers, and member access to meetings.

(b)

Practice openness.

Agencies should seek to be as transparent and timely as possible when providing public access to advisory committee activities and materials. Agencies should create public-facing websites at both the agency and advisory committee level to help the public understand an agency's advisory committee program, and use additional notification methods, as appropriate, to reach advisory committee stakeholders, pursuant to sec. 10 of the Act (codified at 5 U.S.C. 1009).

(c)

Fiscal restraint.

Agencies should actively seek to minimize costs associated with advisory committees and should be transparent about all expenditures. Each agency shall keep records fully disclosing the amount budgeted to each committee, a detailed account of all committee expenditures and agency expenditures on behalf of the committee, and the nature and extent of their activities. This information should be provided as part of the annual comprehensive review and be reported by the Secretariat. If the committee has a website, the agency should provide accurate and up to date information regarding all committee expenditures and the justification for each expenditure on an annual basis.

§ 102-3.100

Responsibilities and functions of GSA.

(a) The responsibilities of the Administrator under sec. 7 of the Act (codified at 5 U.S.C. 1006) have been delegated by the Administrator to the Secretariat.

(b) The Secretariat is responsible for:

(1) Engaging in consultations with agencies on the establishment, reestablishment, renewal, merger, and termination of discretionary advisory committees;

(2) Prescribing guidance and regulations applicable to advisory committees;

(3) Assisting other agencies in implementing and interpreting the Act;

(4) Conducting a Government-wide annual comprehensive review of advisory committees to determine whether each committee is carrying out its purpose, whether the responsibilities assigned to the committee should be revised, and whether any committees should be merged or terminated;

(5) Collecting and analyzing data relating to the costs of individual advisory committees and agency FACA programs as well as the costs of the Government-wide program and the Secretariat;

(6) Designing and maintaining a FACA database to facilitate data collection, reporting, and use of information required by the Act; and

(7) Providing recommendations for transmittal by the Administrator to the President, Congress, or agency heads regarding actions that should be taken with regard to the FACA and its implementation.

§ 102-3.105

Responsibilities of an agency head.

When a committee is utilized by or established by an agency, the agency head must:

(a) Issue administrative guidelines and management controls consistent with guidance issued by the Administrator;

(b) Maintain information on the nature, functions, and operation of each advisory committee within its jurisdiction;

(c) Designate a CMO for the agency and a DFO for each advisory committee and its subcommittees;

(d) Approve the advisory committee charters for establishments, renewals, re-establishments, or mergers;

(e) Provide a written determination stating the reasons for closing any advisory committee meeting to the public, in whole or in part, in accordance with the exemptions set forth in the Government in the Sunshine Act, 5 U.S.C. 552b(c);

(f) Review, at least annually, the need to continue each existing advisory committee, consistent with the public interest and the purpose or functions of each advisory committee. This review must address all of the criteria listed in § 102-3.60;

(g) Develop procedures to assure that the advice or recommendations of advisory committees will not be inappropriately influenced by the appointing authority or by any special interest, but will instead be the result of the advisory committee's independent judgment;

(h) Assure that the interests and affiliations of committee members are reviewed for conformance with applicable conflict of interest statutes, regulations issued by the U.S. Office of Government Ethics (5 CFR chapter XVI, subchapter B) including any supplemental agency requirements, and other Federal ethics rules; and

(i) Appoint or invite individuals to serve on committees, unless otherwise provided for by a specific statute or Presidential directive.

§ 102-3.110

Responsibilities of a chairperson of an independent Presidential advisory committee.

The chairperson of an independent Presidential advisory committee must:

(a) Consult with the Secretariat concerning the designation of a CMO and DFO; and

(b) Consult with the Secretariat in advance regarding any proposal to close any meeting in whole or in part.

§ 102-3.115

Responsibilities and functions of a CMO.

In addition to implementing the provisions of sec. 8(b) of the Act (codified at 5 U.S.C. 1007(b)), the CMO will carry out all responsibilities delegated by the agency head and

manage the agency FACA program. The CMO also should ensure that secs. 10(b), 12(a), and 13 of the Act (codified at 5 U.S.C. 1009(b), 1011(a), and 1012, respectively) are implemented by the agency to provide for appropriate recordkeeping. Records to be kept by the CMO include, but are not limited to—

(a)

Charter and membership documentation.

A set of filed charters for each advisory committee and membership lists for each advisory committee and subcommittee;

(b)

Annual comprehensive review.

Copies of the information provided as the agency's portion of the annual comprehensive review of Federal advisory committees, prepared according to § 102-3.175(b);

(c)

Agency administrative guidelines.

Agency administrative guidelines maintained and updated on committee management operations and procedures; and

(d)

Closed meeting determinations.

Agency, or in the case of an independent Presidential advisory committee, Secretariat, determinations to close or partially close advisory committee meetings required by § 102-3.105(e).

§ 102-3.120

Responsibilities and functions of a DFO.

(a) The agency head or, in the case of an independent Presidential advisory committee, the Secretariat, must designate a Federal officer or employee to be the DFO for each advisory committee and its subcommittees, who must:

(1) Ensure that their committee activities comply with the Act, this part, their agency administrative procedures, and any other applicable laws and regulations;

(2) Approve or call all meetings of the advisory committee or subcommittee;

(3) Approve the agenda, except that this requirement does not apply to a Presidential advisory committee;

(4) Attend all advisory committee and subcommittee meetings for their duration;

(5) Adjourn any meeting when he or she determines it to be in the public interest;

(6) Chair any meeting when so directed by the agency head;

(7) Maintain information on advisory committee activities and provide such information to the public, as applicable; and

(8) Ensure advisory committee members and subcommittee members, as applicable, receive the appropriate training (

e.g.,

FACA overview, ethics training) for compliance with the Act and this part.

(b) The DFO should ensure a public-facing website is created and maintained for each advisory committee, and include information such as: the advisory committee charter; relevant laws, regulations, and guidance; advisory committee member rosters;

Federal Register

notices; meeting information (such as agendas, meeting materials, and minutes); reports and recommendations; and any other information that would increase the transparency and public understanding of advisory committee functions and activities and assist in fulfilling the requirements under sec. 10(b) of the Act (codified at 5 U.S.C. 1009(b)).

§ 102-3.125

Agency administrative guidelines to implement an advisory committee.

An agency's administrative guidelines provide the details that advisory committee staff need to implement FACA requirements during the creation, operation, and termination of their advisory committees.

(a)

Advisory committee operating procedures (also known as bylaws).

Agency administrative guidelines should specify the content of advisory committee operating procedures to ensure they provide clear instructions on how to comply with the Act and the authority for the committee, including how to conduct advisory committee meetings and other committee activities.

(b)

Advisory committee costs.

Agency administrative guidelines must:

(1) Provide instructions on how to identify, calculate, and fully document advisory committee costs; and

(2) Ensure agency committee cost records match the data reported through the FACA database.

§ 102-3.130

Policies for appointment, and compensation or reimbursement of advisory committee members.

In developing guidelines to implement the Act, this part, and other applicable laws and regulations at the agency level, agency heads should address the following issues:

(a)

Appointment and terms of advisory committee members.

Unless otherwise provided by statute, Presidential directive, or other establishment authority, advisory committee members serve at the pleasure of the appointing or inviting authority. Membership terms are at the sole discretion of the appointing or inviting authority. Agency heads are encouraged to set member term limits, where possible, so that agencies continually ensure the committee is fairly balanced throughout the life of the advisory committee.

(b)

Compensation of advisory committee members.

Agencies are not required to pay their advisory committee members, unless required to do so by statute or Presidential authority. In determining the rate of compensation an agency must give consideration to the significance, scope, and technical complexity of the matters with which the advisory committee is concerned, and the qualifications required for the work involved. The agency head may establish appropriate rates of pay not to exceed the rate for level III of the Executive Schedule under 5 U.S.C. 5314, unless a higher rate expressly is allowed by another statute. The agency may not provide additional compensation in any form. Federal employees may not receive any additional compensation or bonus pay for their service on an advisory committee, except recompense of travel expenses in accordance with the Federal Travel Regulation in 41 CFR subtitle F.

(c)

Federal employees assigned to an advisory committee.

Federal employees serving as either an advisory committee member or as a staff person remain covered during the assignment by the compensation system of their employing agency.

(d)

Other appointment considerations.

Any advisory committee staff person who is not a current Federal employee must be appointed in accordance with applicable agency procedures.

(e)

Travel expenses.

Advisory committee members, while engaged in the performance of their duties away from their homes or regular places of business, may be allowed reimbursement for travel expenses, including per diem, per the rates established for employees by the Administrator at 5 U.S.C. 5702. In order to minimize travel expenses, agencies should hold virtual meetings or allow virtual attendance for committee members who would otherwise need to travel. Reimbursement of travel expenses should only be done when the Presidential directive, authorizing statute, or committee charter allows for it, funds are available, and expenditure of funds will not exceed budgeted amounts.

(f)

Services for advisory committee members with disabilities.

While performing advisory committee duties, an advisory committee member with disabilities may be provided the same services by a personal assistant as those that may be provided to employees per 5 U.S.C. 3102.

Subpart D—Advisory Committee Meeting and Recordkeeping Procedures

§ 102-3.135

Coverage and application of this subpart.

This subpart establishes policies and procedures relating to meetings and other activities undertaken by advisory committees and their subcommittees. This subpart also outlines what records must be kept by Federal agencies and what other documentation, including advisory committee minutes and reports, must be prepared and made available to the public.

§ 102-3.140

Policies for advisory committee meetings.

(a) Each advisory committee meeting must be held at a reasonable time and in a manner or place accessible to the public.

(b) The physical or electronic meeting room must be sufficient to accommodate advisory committee members, advisory committee or agency staff, and a reasonable number of interested members of the public.

(c) Any member of the public is permitted to file a written statement with the advisory committee, whether or not the statement is related to a specific meeting.

(d) Any member of the public may speak to or otherwise address the advisory committee if the agency's guidelines so permit.

(e) Any advisory committee meeting conducted in whole or in part through any electronic medium (such as a teleconference or through a virtual platform) must meet the requirements of this subpart. Agencies should explore having virtual meetings instead of in-person meetings as a cost savings measure.

(f) The

Federal Register

notices, agendas, and supporting materials related to each meeting should be posted on the agency advisory committee website (if one exists) as soon as they are available or at the time they are provided to the advisory committee members.

§ 102-3.145

Policies for subcommittee meetings.

If a subcommittee provides advice or recommendations directly to a Federal officer or agency, or if its advice or recommendations will be adopted by the parent advisory committee without further deliberations by the parent advisory committee, then the subcommittee's meetings must be conducted in accordance with the requirements of this subpart.

§ 102-3.150

Announcement of advisory committee meetings to the public.

(a) A notice in the

Federal Register

must be published at least 7 calendar days prior to an advisory committee meeting, which includes:

(1) The name of the advisory committee (or subcommittee, if applicable);

(2) The time, date, physical place (and/or instructions to connect electronically), and purpose of the meeting;

(3) Whether meeting registration is required;

(4) A summary of the agenda, and/or topics to be discussed and instructions on how to access meeting materials;

(5) A statement whether all or part of the meeting is open to the public or closed; if the meeting is closed in whole or in part, state the reasons why, citing the specific exemption(s) of the Government in the Sunshine Act, 5 U.S.C. 552b(c);

(6) Instructions for submitting written comments, and oral comments if permitted;

(7) Instructions on how to submit a request for physical meeting or electronic meeting accommodations consistent with the relevant sections of the Rehabilitation Act, as amended, 29 U.S.C. 794; and

(8) The contact information for the DFO or other responsible agency official, or agency electronic mailbox for the committee, to contact for additional information concerning the meeting.

(b) The agency or an independent Presidential advisory committee may give less than 7 calendar days notice if the President determines this is necessary for reasons of national security, or if the head of an agency determines this is necessary due to exceptional circumstances, and the reasons for doing so are included in the advisory committee meeting notice published in the

Federal Register

.

(c) In addition to the

Federal Register

, and consistent with standard agency practice, agencies should announce meetings through additional notification methods, such as websites and social media, considering the most appropriate methods to reach committee stakeholders, and with as much advance notice as possible.

§ 102-3.155

Procedures for closing advisory committee meetings to the public.

(a) To close all or part of an advisory committee meeting, the DFO must submit a request to the agency head, or in the case of an independent Presidential advisory committee, the Secretariat, citing the specific exemption(s) of the Government in the Sunshine Act, 5 U.S.C. 552b(c), that justifies the closure. The request must provide the agency head or the Secretariat sufficient time to review the matter in order to make a determination before publication of the meeting notice required by § 102-3.150.

(b) If the agency head, or in the case of an independent Presidential advisory committee, the Secretariat, finds that the request is consistent with the provisions of the Government in the Sunshine Act and FACA, the appropriate agency official must issue a determination that all or part of the meeting will be closed. The agency head or the chairperson of an independent Presidential advisory committee must make a copy of any such determination available to the public upon request.

§ 102-3.160

Activities of advisory committees not subject to notice and open meeting requirements.

The following activities of an advisory committee are excluded from the procedural requirements contained in this subpart:

(a)

Preparatory work.

Meetings of two or more advisory committee or subcommittee members convened solely to gather information, conduct research, or analyze relevant issues and facts in preparation for deliberation by advisory committee members in a public meeting of the advisory committee, or deliberation by subcommittee members in a public meeting of the subcommittee (where applicable). These meetings to conduct preparatory work do not include deliberation among advisory committee or subcommittee members; and

(b)

Administrative work.

Meetings of two or more advisory committee or subcommittee members convened solely to discuss administrative matters of the advisory committee or subcommittee (such as meeting logistics) or to receive administrative information from a Federal officer or agency (such as a briefing on ethics or FACA procedural requirements).

§ 102-3.165

Documentation of advisory committee meetings.

(a) Detailed minutes of each advisory committee meeting, including one that is closed or partially closed to the public, must be kept. The chairperson of each advisory committee must certify the accuracy of all minutes of advisory committee meetings.

(b) The minutes must include:

(1) The time, date, and place (or electronic format) of the advisory committee meeting;

(2) A list of the persons who were present at the meeting, including

advisory committee members and staff, agency employees, and members of the public who presented oral or written statements;

(3) An accurate description of each matter discussed and the resolution, if any, made by the advisory committee regarding such matter; and

(4) Copies of each report or other materials received, issued, or approved by the advisory committee at the meeting.

(c) The DFO must ensure that minutes are certified for accuracy by the chairperson within 90 calendar days of the meeting to which they relate. Agencies should post the meeting minutes on the agency advisory committee website (if one exists).

§ 102-3.170

Access to advisory committee records.

Timely access to advisory committee records is an important element of the public access requirements of the Act. Section 10(b) of the Act (codified at 5 U.S.C. 1009(b)) provides for the contemporaneous availability of advisory committee records that, when taken in conjunction with the ability to attend committee meetings, provide a meaningful opportunity to comprehend fully the work undertaken by the advisory committee. Although certain advisory committee records may be withheld under an exemption to the Freedom of Information Act (FOIA), agencies may not require members of the public or other interested parties to use FOIA procedures in order to obtain records available under sec. 10(b) of the Act (codified at 5 U.S.C. 1009(b)).

§ 102-3.175

Reporting and recordkeeping requirements for advisory committees.

(a)

Presidential advisory committee follow-up report.

Within one year after a Presidential advisory committee has submitted a public report to the President, a follow-up report required by sec. 6(b) of the Act (codified at 5 U.S.C. 1005(b)) must be prepared and transmitted to the Congress detailing the disposition of the advisory committee's recommendations. These reports are prepared and transmitted to the Congress either by the President or the President's delegate pursuant to § 102-3.75(f).

(b)

Annual comprehensive review of Federal advisory committees.

Per sec. 7(b) of the Act (codified at 5 U.S.C. 1006(b)), GSA is required to conduct an annual comprehensive review of the activities and responsibilities of each Federal advisory committee that was in existence during any part of a Federal fiscal year. In carrying out the review the Secretariat shall review the written public interest determination required by § 102-3.60(a), any reports or recommendations issued by each committee, including all grants, and data reported on each committee by its sponsoring agency to make a recommendation as to whether the committee should be renewed, merged, or terminated. Federal agencies are responsible for reporting data on each advisory committee into the GSA FACA database as part of the annual comprehensive review.

(c)

Annual report of closed or partially closed meetings.

In accordance with sec. 10(d) of the Act (codified at 5 U.S.C. 1009(d)), advisory committees holding closed or partially closed meetings must issue reports at least annually, setting forth a summary of activities and such related matters as would be informative to the public consistent with the policy of 5 U.S.C. 552(b).

(d)

Advisory committee reports.

Subject to 5 U.S.C. 552, copies of each report made by an advisory committee, including any report of closed or partially closed meetings as specified in paragraph (c) of this section and, where appropriate, background papers prepared by experts or consultants, must be filed with the Library of Congress as required by sec. 13 of the Act (codified at 5 U.S.C. 1012) for public inspection and use.

(e)

Advisory committee records.

Official records generated by or for an advisory committee must be retained for the duration of the advisory committee. Upon termination of the advisory committee, the records must be processed in accordance with the Federal Records Act, 44 U.S.C. chapters 21 and 29 through 33, and regulations issued by the National Archives and Records Administration (see 36 CFR parts 1220, 1222, 1228, and 1234), or in accordance with the Presidential Records Act, 44 U.S.C. chapter 22.

Subpart E—Advice or Recommendations Provided to Agencies by the National Academy of Sciences or the National Academy of Public Administration

§ 102-3.180

Coverage and application of this subpart.

This subpart provides guidance to agencies on compliance with sec. 15 of the Act (codified at 5 U.S.C. 1014). Section 15 establishes requirements that apply only in connection with a funding or other written agreement involving an agency's use of advice or recommendations provided to the agency by the National Academy of Sciences (NAS) or the National Academy of Public Administration (NAPA), if such advice or recommendations were developed by use of a committee created by either academy. For purposes of this subpart, NAS also includes the National Academy of Engineering, the National Academy of Medicine, and the National Research Council. Except with respect to NAS committees that were the subject of judicial actions filed before December 17, 1997, no part of the Act other than sec. 15 applies to any committee created by NAS or NAPA.

§ 102-3.185

Requirements for agencies using Advice from NAS or NAPA.

(a)

Section 15 requirements.

An agency may not use any advice or recommendation provided to an agency by NAS or NAPA under an agreement between the agency and an academy, if such advice or recommendation was developed by use of a committee created by either academy, unless:

(1) The committee was not subject to any actual management or control by an agency or officer of the Federal Government; and

(2) In the case of NAS, the academy certifies that it has complied substantially with the requirements of sec. 15(b) of the Act (codified at 5 U.S.C. 1014(b)); or

(3) In the case of NAPA, the academy certifies that it has complied substantially with the requirements of sec. 15(b)(1), (2), and (5) of the Act (codified at 5 U.S.C. 1014(b)(1), (2), and (5), respectively).

(b)

No agency management or control.

Agencies must not manage or control the specific procedures adopted by each academy to comply with the requirements of sec. 15 of the Act (codified at 5 U.S.C. 1014) that are applicable to that academy. In addition, however, any committee created and used by an academy in the development of any advice or recommendation to be provided by the academy to an agency must be subject to both actual management and control by that academy and not by the agency.

(c)

Funding agreements.

Agencies may enter into contracts, grants, and cooperative agreements with NAS or NAPA that are consistent with the requirements of this subpart to obtain advice or recommendations from such academy. These funding agreements require, and agencies may rely upon, a written certification by an authorized representative of the academy provided to the agency upon delivery to the agency of each report containing advice or recommendations required under the agreement that:

(1) The academy has adopted policies and procedures that comply with the applicable requirements of sec. 15 of the Act (codified at 5 U.S.C. 1014); and

(2) To the best of the authorized representative's knowledge and belief, these policies and procedures substantially have been complied with in performing the work required under the agreement.

Subpart F—Severability

§ 102-3.190

Severability of provisions.

All provisions of this part are separate and severable from one another. If any provision is stayed or determined to be invalid, it is GSA's intention that the remaining provisions shall continue in effect. 9*

PART 102-5—[Removed and Reserved]

2. Under the authority of 40 U.S.C. 121(c); 31 U.S.C. 1344(e)(1), remove and reserve part 102-5.

3. Revise part 102-33 to read as follows:

PART 102-33—MANAGEMENT OF GOVERNMENT AIRCRAFT

Subpart A—General Provisions

Sec.

102-33.5

Scope.

102-33.10

Deviations.

102-33.15

Definitions.

102-33.20

Agency responsibilities.

102-33.25

SAMO duties.

102-33.30

GSA's responsibilities for Federal aviation management.

Subpart B—Acquiring Government Aircraft and Aircraft Parts

102-33.35

Process for acquiring aircraft and aircraft parts.

102-33.40

Acquiring Government aircraft.

102-33.45

Process for budgeting to acquire CAS.

102-33.50

Responsibilities when contracting to purchase or capital lease a Federal aircraft or to award a CAS contract.

102-33.55

Minimum requirements for CAS contracts.

102-33.60

Responsibilities when acquiring aircraft parts.

102-33.65

Military FSCAP requirements.

102-33.70

Life-limited parts requirements.

Subpart C—Government Aircraft and Aircraft Parts

102-33.75

Federal aircraft management responsibilities.

102-33.80

Management responsibilities when hiring CAS.

102-33.85

Management accountability and controls for aviation programs.

102-33.90

Flight Program Standards.

102-33.95

Establishing Flight Program Standards.

102-33.100

Exemptions from establishing Flight Program Standards.

102-33.105

Establishing Flight Program Standards.

102-33.110

Flight Program Operation Standards.

102-33.115

Flight program operations.

102-33.120

Maintenance of Government aircraft.

102-33.125

Training requirements.

102-33.130

Aviation safety management.

102-33.135

Responding to aircraft accidents and incidents.

102-33.140

Accountable aircraft operations and ownership costs.

102-33.145

Automated system for accounting aircraft costs.

102-33.150

Federal aircraft ownership justification.

102-33.155

Recovering operating cost.

102-33.160

Accounting for the use of Government aircraft.

102-33.165

Carrying passengers on Government aircraft.

102-33.170

Aircraft parts management.

102-33.175

The use of military FSCAP on non-military FAA-type certificated Government aircraft.

102-33.180

Life-limited parts and FSCAP.

Subpart D—Disposing or Replacing of Government Aircraft and Aircraft Parts

102-33.185

Disposing or replacing aircraft and aircraft parts.

102-33.190

Reporting excess of both operational and non-operational aircraft.

102-33.195

Declassifying aircraft.

102-33.200

Documenting FSCAP or life-limited parts installed on aircraft.

102-33.205

Reporting requirements for excess, replacement, or declassified aircraft in FAIRS.

102-33.210

Excess aircraft.

102-33.215

Replacing aircraft through exchange/sale.

102-33.220

Special disclaimers for non-certificated aircraft operated as public aircraft.

Subpart E—Reporting Information on Government Aircraft

102-33.225

Government aircraft report requirement.

102-33.230

Exemptions from reporting information to GSA on Government aircraft.

102-33.235

Required reporting on Government aircraft.

102-33.240

FAIRS.

102-33.245

Timeline for FAIRS reports.

102-33.250

Federal inventory.

102-33.255

Declassify a Federal aircraft.

102-33.260

Federal aircraft cost and utilization data.

102-33.265

CAS cost and utilization data.

102-33.270

Aircraft accident and incident.

102-33.275

Development of performance indicators.

Authority:

40 U.S.C. 121(c); 31 U.S.C. 101

et seq.;

Reorganization Plan No. 2 of 1970, 35 FR 7959, 3 CFR, 1066-1970 Comp., p. 1070; E.O. 11541, 35 FR 10737, 3 CFR, 1966-1970 Comp., p. 939; and OMB Circular No. A-126 (Revised May 22, 1992), 57 FR 22150.

Subpart A—General Provisions

§ 102-33.5

Scope.

(a) This part applies to all federally funded aviation activities using Government aircraft for official executive branch business.

(b) This part does not apply to the following:

(1) The Armed Forces, except for:

(i) Section 102-33.20(e); and

(ii) Subpart D of this part;

(2) The President or Vice President and their offices;

(3) Aircraft when an executive agency provides Government-furnished avionics for commercially or privately owned aircraft for the purposes of technology demonstration or testing; and

(4) Privately owned aircraft that agency personnel use for official travel.

(c) This part does not supersede any of the regulations in 14 CFR chapter I.

§ 102-33.10

Deviations.

(a) See §§ 102-2.60 through 102-2.110 of this chapter.

(b) The General Services Administration (GSA) may not grant deviations from the requirements of OMB Circular A-126.

§ 102-33.15

Definitions.

Acquisition date

means the date that the acquiring executive agency took responsibility for the aircraft,

e.g.,

received title (through purchase, exchange, or gift), signed a bailment agreement with the Department of Defense (DoD), took physical custody, received a court order, put into operational status an aircraft that is newly manufactured by the agency, or otherwise accepted physical transfer (

e.g.,

in the case of a borrowed aircraft).

Aircraft part

means a component or assembly used on aircraft.

Armed Forces

mean all military branches (active, reserve, and National Guard).

Aviation life support equipment (ALSE)

means equipment that protects flight crewmembers and others aboard an aircraft during flight, including assisting their safe escape, survival, and recovery during an accident or other emergency.

Crewmember

means a person operating or assisting in flight.

Criticality code

means a single digit code that DoD assigns to military Flight Safety Critical Aircraft Parts (FSCAP).

Data plate

means a fireproof, permanent identification (ID) plate on aircraft or components, per Federal Aviation Administration (FAA) or military standards.

Declassify

means to remove non-operational aircraft from Federal inventory for ground use.

Disposal date

is when an executive agency relinquishes aircraft responsibility. For FAIRS, declassification is considered a “disposal” action.

Donated aircraft

are surplus aircraft donated to eligible non-Federal groups pursuant to § 102-37 of this subchapter.

Exchange

see § 102-35.20 of this subchapter.

Exchange/sale

see § 102-35.20 of this subchapter.

Exclusive use

means aircraft operated solely for U.S. Government benefit.

Executive agency

see § 102-35.20 of this subchapter.

Federal aircraft

means manned or unmanned aircraft owned or used by an executive agency, including:

(1) Bailed aircraft: aircraft owned by one agency, operated by another under agreement;

(2) Borrowed aircraft: aircraft owned by a non-executive agency, used by an executive agency without compensation;

(3) Forfeited aircraft: aircraft seized by the Government through a legal process;

(4) Loaned aircraft: aircraft owned by an executive agency, in a non-executive agency's custody without compensation; and

(5) Owned aircraft: aircraft title held by an executive agency.

Note 1 to the definition of “Federal aircraft”:

Bailed or loaned aircraft stay in the owning agency's inventory, unless DoD-owned, then listed under the operator.

Federal Aviation Interactive Reporting System (FAIRS)

is a management information system designed to collect, maintain, analyze, and report information on Federal aircraft inventories and cost and utilization of Federal and Commercial Aviation Services (CAS).

Flight Safety Critical Aircraft Part (FSCAP)

means any aircraft part, assembly, or installation containing a critical characteristic whose failure, malfunction, or absence could cause a catastrophic failure resulting in loss or serious damage to the aircraft or an uncommanded engine shutdown resulting in an unsafe condition.

Full-service contract

is when an agency leases a non-Federal aircraft with crew and maintenance for exclusive use; such aircraft are not considered Federal, no matter the contract length.

Government aircraft

means manned or unmanned aircraft operated for the exclusive use of an executive agency. Government aircraft include—

(1) Federal aircraft; and

(2) Aircraft hired as CAS, including:

(i) Leased aircraft for exclusive use for an agreed upon period of time;

(ii) Capital lease aircraft for which the leasing agency holds an option to take title;

(iii) Charter aircraft for hire under a contractual agreement for one-time exclusive use that specifies performance;

(iv) Rental aircraft obtained commercially under an agreement in which the executive agency has exclusive use for an agreed upon period of time;

(v) Contracting for full services; or

(vi) Obtaining related aviation services by commercial contract, except those services acquired to support Federal aircraft.

Governmental function

is a federally funded activity carried out by an agency under its legal authority.

Intelligence community

means those agencies identified in the National Security Act, 50 U.S.C. 401a(4).

Inter-service Support Agreement (ISSA)

is a deal where one agency provides aviation services to another, with or without reimbursement; sharing only the aircraft is a bailment, not an ISSA.

Life-limited part

is any aircraft part with a set replacement time, inspection interval, or time-based requirement. For non-military parts, the FAA specifies life-limited part airworthiness limitations in 14 CFR 21.50, 23.1529, 25.1529, 27.1529, 29.1529, 31.82, 33.4, and 35.5, and on product Type Certificate Data Sheets (TCDS). Letters authorizing Technical Standards Orders (TSO) must note or reference mandatory replacement or inspection of parts.

Military aircraft part

is an aircraft part used on an aircraft that was developed by the Armed Forces (whether or not it carries an FAA airworthiness certificate).

Non-operational aircraft

are Federal aircraft deemed unsafe for flight and not economically repairable, excluding those temporarily out of service for maintenance, which are considered operational aircraft.

Official Government business

in relation to Government aircraft—

(1) Includes, but is not limited to—

(i) Carrying crewmembers, qualified non-crewmembers, and cargo directly required or associated with performing governmental functions;

(ii) Carrying passengers authorized to travel on Government aircraft; and

(iii) Training pilots and other aviation personnel.

(2) Does not include—

(i) Using Government aircraft for personal or political purposes, except for required use travel and space available travel as defined in OMB Circular A-126; or

(ii) Carrying passengers who are not officially authorized to travel on Government aircraft.

Operational aircraft

are Federal aircraft that are safe to fly or can be economically repaired to be flight-ready, including those temporarily out of service for maintenance.

Original equipment manufacturer (OEM)

refers to the company that designed or holds rights to produce an aircraft or part; Parts Manufacturer Approval (PMA) parts are not OEM, though they may be valid replacements.

Passenger

means a person onboard a Government aircraft who is authorized to travel and not a crewmember or qualified non-crewmember.

Performance Indicator

is a metric used to track progress toward goals; for aircraft, it measures the efficiency and effectiveness of delivering safe aviation services.

Production approval holder (PAH)

means the person or company who holds a Production Certificate (PC), Approved Production Inspection System (APIS), Parts Manufacturer Approval (PMA), or Technical Standards Orders Authorization (TSOA), issued under provisions of 14 CFR part 21 and who controls the design, manufacture, and quality of a specific aircraft part.

Qualified non-crewmember

means an individual, other than a member of the crew, aboard an aircraft—

(1) Operated by a United States (U.S.) Government agency in the intelligence community; or

(2) Whose presence is required to perform or is associated with performing the governmental function for which the aircraft is being operated (qualified non-crewmembers are not passengers).

Registration mark

means the unique identification mark or tail number, which is the FAA-assigned ID displayed on U.S.-registered Government aircraft, except military aircraft; foreign CAS aircraft display their national markings.

Related aviation services contrac

t is a commercial agreement where an agency hires aviation services, excluding aircraft, such as crew, maintenance, or catering.

Required use travel

is when an agency employee must use a Government aircraft due to security, communication needs, or scheduling, as approved pursuant to OMB Circular A-126.

Risk analysis and management

means a systematic process for—

(1) Identifying risks and hazards associated with alternative courses of

action involved in an aviation operation;

(2) Choosing from among these alternatives the courses of action that will promote optimum aviation safety;

(3) Assessing the likelihood and predicted severity of an injurious mishap within the various courses of action;

(4) Controlling and mitigating identified risks and hazards within the chosen courses of action; and

(5) Periodically reviewing the chosen courses of action to identify possible emerging risks and hazards.

Safe for flight

means an aircraft or part has been inspected and certified to meet required standards—FAA regulations for civil aircraft in 14 CFR chapter I or military/agency standards for others—ensuring it is airworthy and safe to operate.

Safety Management System (SMS)

means a top-down approach to managing safety risk through structured procedures, policies, and practices, covering safety policy, risk management, assurance, and promotion.

Senior Aviation Management Official (SAMO

) is an agency's lead representative to the Interagency Committee for Aviation Policy (ICAP); responsible for promoting flight safety and compliance with standards.

Serviceable aircraft part

means a part that is safe for flight, can fulfill its operational requirements, and is sufficiently documented to indicate that the part conforms to applicable standards/specifications.

Suspected unapproved part mean

s an aircraft part, component, or material that is suspected of not meeting the requirements of an “approved part.” Approved parts are produced in compliance with 14 CFR part 21, are maintained in compliance with 14 CFR parts 43 and 91, and meet applicable design standards. A part, component, or material may be suspect because of its questionable finish, size, or color; improper (or lack of) identification; incomplete or altered paperwork; or any other questionable indication. For further information, see FAA Advisory Circular 21-29.

Traceable part

is an aircraft part identifiable by documentation, markings, or packaging, showing it was made or deemed airworthy under 14 CFR parts 21 and 43.

Training

means instruction to qualify and maintain flight program personnel. The instruction can apply to either public or civil missions.

Unmanned Aircraft Systems (UAS)

means remotely or autonomously flown aircraft and required components. FAA certifies the full system; report only if it meets an agency's capitalization threshold and the UAS lifecycle is two years or more.

Unsalvageable aircraft part

means parts unsafe for flight due to condition, defects, missing records, or non-compliance.

U.S. Government Aircraft Cost Accounting Guide (CAG)

means GSA-issued guide for tracking aircraft costs, based on OMB and FAIRS standards.

§ 102-33.20

Agency responsibilities.

(a) Acquire, manage, and dispose of Federal aircraft and acquire and manage CAS as safely, efficiently, and effectively as possible;

(b) Document and report:

(1) Types and numbers of your Federal aircraft;

(2) Costs of acquiring and operating Government aircraft;

(3) Amount of time of use of Government aircraft; and

(4) Accidents and incidents involving Government aircraft;

(c) Ensure that Government aircraft are used only to accomplish the agency's official Government business;

(d) Ensure all passengers on your agency's aircraft are authorized; and

(e) Appoint a SAMO by sending a letter to the Deputy Associate Administrator at the Office of Asset and Transportation Management, GSA, to represent the agency in the ICAP. This applies to all executive agencies using aircraft, including DoD, FAA, and the National Transportation Safety Board (NTSB), but not to those that only occasionally rent aircraft for specific flights.

§ 102-33.25

SAMO duties.

SAMOs must:

(a) Represent the agency's views to the ICAP and vote on behalf of the agency;

(b) Contribute technical and operational policy expertise to ICAP;

(c) Serve as the designated approving official for FAIRS when the agency elects to have one person serve as both SAMO and the designated official for FAIRS (DoD will not have a designated official for FAIRS); and

(d) Appoint representatives of the agency as members of ICAP subcommittees and working groups.

(e) The SAMO should have:

(1) Experience as a pilot or crew member; or

(2) Management experience within an aviation operations management/flight program.

(f) Designate an official (by letter to the Deputy Associate Administrator, Office of Asset and Transportation Management, Office of Government-wide Policy, GSA) to certify the accuracy and completeness of information reported through FAIRS (Armed Forces and the U.S. Coast Guard, are not required to report information to FAIRS);

(g) Appoint representatives of the agency as members of ICAP subcommittees and working groups;

(h) Ensure that your agency's internal policies and procedures are consistent with the requirements of OMB Circulars A-126, A-76, and A-11, Federal Aviation Administration Advisory Circular 120-92, and this part; and

(i) Ensure that safety and other critical aviation program requirements are satisfied. Executive agencies that only hire aircraft occasionally for specific flights, must either:

(1) Establish an aviation program that complies with the requirements of OMB Circular A-126; or

(2) Hire those aircraft through an agency with a policy-compliant aviation program.

§ 102-33.30

GSA's responsibilities for Federal aviation management.

GSA's responsibilities include having:

(a) A single office to carry out Governmentwide responsibilities for Government aircraft management, and publishing that policy;

(b) An interagency committee, whose members represent the executive agencies that use Government aircraft to conduct their official business and advise and consult with GSA on developing policy for managing Government aircraft;

(c) A management information system to collect, analyze, and report information on the inventory, cost, usage, and safety of Government aircraft; and

(d) A set of performance indicators, policy recommendations, and guidance for the procurement, operation, and safety and disposal of Government aircraft.

Subpart B—Acquiring Government Aircraft and Aircraft Parts

§ 102-33.35

Process for acquiring aircraft and aircraft parts.

(a) If the requirements are met for operating an in-house aviation program contained in OMB Circular A-76, and OMB Circular A-11, Part 2, Section 25.5, and Section 51.18, subparagraph (d), you may:

(1) Acquire Federal aircraft when—

(i) Aircraft are the optimum means of supporting your agency's official business;

(ii) You do not have aircraft that can support your agency's official business safely and cost-effectively;

(iii) No commercial or other governmental source is available to provide aviation services safely and cost-effectively; and

(iv) Congress has specifically authorized your agency to purchase, lease, or transfer aircraft and to maintain and operate those aircraft;

(2) Acquire CAS when—

(i) Aircraft are the optimum means of supporting your agency's official business; and

(ii) Using commercial aircraft and services is safe and is more cost effective than using Federal aircraft, aircraft from any other governmental source, or scheduled air carriers.

(b) When acquiring aircraft, aircraft selection must be based on need, a strong business case, and life-cycle cost analysis, which conform to OMB Circular A-11, Part 2, Section 25.5.

§ 102-33.40

Acquiring Government aircraft.

To acquire Government aircraft, you must follow the requirements in:

(a) 31 U.S.C. 1343;

(b) OMB Circular A-126 Revised;

(c) OMB Circular A-11, Part 2, Section 25.5;

(d) OMB Circular A-76; and

(e) OMB Circular A-94.

§ 102-33.45

Process for budgeting to acquire CAS.

Except for leases and capital leases, for which you must have specific congressional authorization as required by 31 U.S.C. 1343, you may budget to fund your CAS out of your agency's operating budget. Also see § 102-33.40.

§ 102-33.50

Responsibilities when contracting to purchase or capital lease a Federal aircraft or to award a CAS contract.

When purchasing, leasing, or awarding a CAS contract for a Federal aircraft, you must follow 48 CFR chapter 1, unless your agency is exempt.

§ 102-33.55

Minimum requirements for CAS contracts.

At a minimum, your CAS contracts and agreements must require that any provider of CAS comply with—

(a) Civil standards in 14 CFR that are applicable to the type of operations you are asking the contractor to conduct;

(b) Applicable military standards; or

(c) Your agency's Flight Program Standards.

§ 102-33.60

Responsibilities when acquiring aircraft parts.

When acquiring aircraft parts, you must:

(a) Inspect and verify that all incoming parts are documented as safe for flight prior to installation;

(b) Obtain all logbooks (if applicable) and maintenance records. For guidance on maintaining records for non-military parts, see FAA Advisory Circular 43-9C.

§ 102-33.65

Military FSCAP requirements.

When acquiring FSCAP you must:

(a) Accept FSCAP only if traceable to the original manufacturer and marked with the DoD Criticality Code; and

(b) Not install untraceable FSCAP unless inspected and recertified by the OEM or an FAA-approved facility.

§ 102-33.70

Life-limited parts requirements.

When acquiring life-limited parts, you must:

(a) Identify and inspect the parts, ensuring that they have civil or military-certified documentation; and

(b) Mutilate and dispose of any expired life-limited parts.

Subpart C—Government Aircraft and Aircraft Parts

§ 102-33.75

Federal aircraft management responsibilities.

You must:

(a) Establish agency-specific Flight Program Standards;

(b) Account for the cost of acquiring, operating, and supporting your aircraft;

(c) Account for the use of your aircraft;

(d) Maintain and account for aircraft parts;

(e) Report inventory, cost, and utilization data; and

(f) Properly dispose of aircraft and parts.

§ 102-33.80

Management responsibilities when hiring CAS.

When hiring CAS, you must:

(a) Establish agency-specific Flight Program Standards as applicable and require compliance with these standards in your contracts and agreements;

(b) Account for the cost of your aircraft and services hired as CAS;

(c) Account for the use of your aircraft hired as CAS; and

(d) Report the cost and usage data for your CAS hires.

§ 102-33.85

Management accountability and controls for aviation programs.

You must follow OMB Circular A-123 to establish management controls that ensure your aviation program meets its goals and aligns with your agency's mission.

§ 102-33.90

Flight Program Standards.

Flight Program Standards are the minimum requirements to ensure safe, effective, and efficient aircraft operation. They must:

(a) Be specific to your agency's aviation operations, including your CAS;

(b) Meet the requirements identified in §§ 102-33.105 through 102-33.135;

(c) Meet applicable civil or military rules (in particular 49 U.S.C. 40102(a)(37) and 40125), and applicable FAA regulations in 14 CFR); and

(d) Incorporate risk management techniques when civil or military rules do not apply.

§ 102-33.95

Establishing Flight Program Standards.

You must establish Flight Program Standards to address areas not covered by 14 CFR, such as non-certificated aircraft or high-risk operations.

§ 102-33.100

Exemptions from establishing Flight Program Standards.

(a) The Armed Forces (including the U.S. Coast Guard);

(b) Agencies in the Intelligence Community;

(c) Entities outside the executive branch when using aircraft loaned to them by an executive agency (that is, owned by an executive agency, but operated by and on behalf of the loanee) unless the loanee—

(1) Uses the aircraft to conduct official Government business; or

(2) Is required to follow §§ 102-33.105 through 102-33.135 under an Agreement governing the loan.

§ 102-33.105

Establishing Flight Program Standards.

You must write, publish, implement, and comply with standards (specific to your agency), which establish or require policies and procedures for:

(a) Management/administration of your flight program (in this part, “flight program” includes CAS contracts);

(b) Operation of your flight program;

(c) Maintenance of your Government aircraft;

(d) Training for your flight program personnel;

(e) Safety of your flight program;

(f) Accident reporting and investigation as appropriate; and

(g) Reporting to FAIRS as required by this part.

§ 102-33.110

Flight Program Operation Standards.

For management/administration of your flight program, you must establish or require—

(a) A management structure overseeing operations, safety, training, maintenance, and finances (including contract requirements); and

(b) Guidance on roles, responsibilities, and authority of flight program personnel.

§ 102-33.115

Flight program operations.

You must establish or require:

(a) Qualifications and currency requirements for pilots, crewmembers, maintenance, administrative, and mission personnel;

(b) Duty and flight time limitations for pilots and crewmembers;

(c) Procedures to track flight time, duty time, training, and medical requirements;

(d) Compliance with safety notices and operational bulletins;

(e) Flight-following procedures for lost or downed aircraft;

(f) Disclosure statement for crewmembers and qualified non-crewmembers flying aboard Government aircraft;

(g) Manifest with full names, contact info, and flight details for each flight leg;

(h) Documentation and retention of manifest changes for two years;

(i) Procedures to reconcile manifests and test periodically;

(j) Weight, balance, and cargo-loading manifest with retention for 30 days;

(k) Emergency procedures and equipment for specific missions;

(l) ALSE inspection and serviceability procedures; and

(m) Pre-flight risk assessment, including weather, crew rest, flight type, and crew makeup.

§ 102-33.120

Maintenance of Government aircraft.

You must establish or require:

(a) Procedures to record and track duty time and training of maintenance personnel;

(b) Aircraft maintenance and inspection programs that comply with whichever is most applicable among—

(1) Programs for ex-military aircraft;

(2) Manufacturers' programs;

(3) FAA-approved programs;

(4) FAA-accepted programs; or

(5) Your agency's self-prescribed programs;

(c) Compliance with owning-agency or military safety of flight notices, FAA airworthiness directives, advisory circulars and orders, or mandatory manufacturers' bulletins applicable to the types of aircraft, engines, propellers, and appliances you operate;

(d) Procedures for operating aircraft with inoperable instruments and equipment;

(e) Technical support, including appropriate engineering documentation and testing, for aircraft, powerplant, propeller, or appliance repairs, modifications, or equipment installations;

(f) A quality control system to ensure replacement parts are suitable, documented, safe for flight, and properly inspected or tested; and

(g) Procedures for recording and tracking maintenance actions; inspections; and the flight hours, cycles, and calendar times of life-limited parts and FSCAP.

§ 102-33.125

Training requirements.

You must establish or require training standards, including initial and recurring instruction for flight personnel on roles, responsibilities, and operational skills.

§ 102-33.130

Aviation safety management.

You must establish or require the following aviation safety management standards:

(a) A Safety Management System (SMS) that complies with the FAA's current Advisory Circular (AC) that addresses SMSs or an equivalent internationally recognized SMS standard. The SMS should include:

(1) Policies that assign SMS roles, with senior management ultimately responsible and qualified safety managers or officers appointed to oversee the aviation safety program, who should be:

(i) Experienced as pilots, crewmembers, or in aviation or maintenance program management; and

(ii) Graduated or certificated from an approved aviation safety officer course before or within one year of appointment; and

(2) An accident prevention program that includes:

(i) Measurable procedures;

(ii) A system to share safety information;

(iii) Safety training;

(iv) An aviation safety awards program, including Federal Aviation Awards; and

(v) A safety council or committee (for agencies owning aircraft);

(b) Risk management procedures that identify and reduce hazards using formal controls and advise senior managers on optimal risk mitigation;

(c) Policies requiring independent inspectors to verify compliance with these standards;

(d) Procedures allowing reprisal-free reporting of unsafe operations to aviation safety officers and managers;

(e) A system to collect and report information on aircraft accidents and incidents (as required by 49 CFR part 830 and § 102-33.270);

(f) Policies that identify clear standards for acceptable behavior; and

(g) A security program that includes:

(1) A designated security manager;

(2) A threat assessment process;

(3) Procedures for preventing and deterring unlawful acts;

(4) Procedures for responding to threats and unlawful acts;

(5) Security training for personnel; and

(6) Policies and procedures for a mail security plan that meet the requirements in 41 CFR part 102-192, including protections against mail-borne hazards for staff and facilities, especially when using aircraft for mail delivery.

§ 102-33.135

Responding to aircraft accidents and incidents.

(a) You must establish or require the following standards for responding to aircraft accidents and incidents:

(1) A policy ensuring compliance with NTSB reporting rules (49 CFR parts 830 and 831), including immediate NTSB notification of accidents/incidents and a method for notifying GSA as required in § 102-33.270;

(2) An accident/incident response plan based on the NTSB's “Federal Plan,” with periodic exercises, and procedures (per FAA AC 120-92) to identify potential accidents or incidents;

(3) Procedures for participating in NTSB investigations of agency-owned or hired aircraft, and for conducting parallel investigations when appropriate;

(4) Accident/incident investigation training for personnel involved in NTSB or parallel investigations; and

(5) Procedures for disseminating, in the event of an aviation disaster that involves one of your Government aircraft, information about eligibility for benefits to anyone injured, to the injured or deceased persons' points of contact (listed on the manifest), and to the families of injured or deceased crewmembers and qualified non-crewmembers.

(b) This section does not supersede 49 CFR parts 830 and 831.

§ 102-33.140

Accountable aircraft operations and ownership costs.

You must account for the operations and ownership costs of your Government aircraft, including UAS, as outlined in the U.S. Government Aircraft CAG at

gsa.gov/aviationpolicy,

in accordance with OMB Circular A-126. At a minimum, you must:

(a) Justify acquisitions to support the agency's aviation program;

(b) Justify the use of Government aircraft in lieu of commercially available aircraft, and the use of one Government aircraft in lieu of another;

(c) Develop a variable cost rate for each aircraft or aircraft type in your inventory;

(d) Recover the costs of operating Government aircraft;

(e) Determine the cost effectiveness of various aspects of agency aircraft programs; and

(f) Accumulate aircraft program costs following the procedures defined in the CAG.

§ 102-33.145

Automated system for accounting aircraft costs.

(a) If you own Federal aircraft or operate bailed aircraft, you must use an automated system to track aircraft costs by collecting FAIRS-required data.

(b) Agencies using only CAS aircraft and no Federal aircraft must keep records sufficient for FAIRS reporting, but are not required to have an automated system. See §§ 102-33.260 and 102-33.265 for CAS reporting requirements.

§ 102-33.150

Federal aircraft ownership justification.

After you have held a Federal aircraft for five years, you must:

(a) Justify owning and operating the aircraft by reviewing your operations and establishing that you have a continuing need for the aircraft, using the procedures required in OMB Circular A-76 and OMB Circular A-11, Part 7, Appendix B; and

(b) Review the continuing need for each of your aircraft and the cost-effectiveness of your aircraft operations as directed by OMB Circulars A-11 and A-76, every five years.

§ 102-33.155

Recovering operating cost.

(a) Under 31 U.S.C. 1535 and other statutes, you may need to recover aircraft operating costs for supporting other agencies. The method for setting rates will depend on the statutory authorities under which you acquired and operate your aircraft:

(1) The variable cost recovery rate; or

(2) The full cost recovery rate.

(b) See the U.S. Government Aircraft CAG for definitions.

§ 102-33.160

Accounting for the use of Government aircraft.

When accounting for the use of Government aircraft, including UAS, you must document all flights and keep this documentation for two years after the date of the flight. For each flight, record the:

(a) Aircraft's registration mark;

(b) Owner and operator;

(c) Purpose of the flight;

(d) Departure and destination points;

(e) Flight dates and times;

(f) Manifest; and

(g) Names of the pilots and crewmembers.

§ 102-33.165

Carrying passengers on Government aircraft.

(a) You may carry passengers only on aircraft that you operate or require contractually to be operated in accordance with the rules and requirements in 14 CFR; and

(b) For certain kinds of travel, your agency must justify passengers' presence on Government aircraft.

Note 1 to § 102-33.165:

See OMB Circular A-126 and the Federal Travel Regulation (FTR) in 41 CFR subtitle F for complete information on authorizing travel and analyzing costs before authorizing travel on Government aircraft.

§ 102-33.170

Aircraft parts management.

You must manage aircraft parts by ensuring proper storage, protection, maintenance, and recordkeeping throughout their life cycle.

§ 102-33.175

The use of military FSCAP on non-military FAA-type certificated Government aircraft.

You may use dual-use military FSCAP on non-military aircraft operated under restricted or standard airworthiness certificates if the parts are inspected and approved for such installation by the FAA. See detailed guidance in FAA Advisory Circular 20-142, Change (1).

§ 102-33.180

Life-limited parts and FSCAP.

For life-limited parts and FSCAP, you must hold and update the documentation that accompanies these parts for as long as you use or store them. When you dispose of life-limited parts or FSCAP, the up-to-date documentation must accompany the parts.

Subpart D—Disposing or Replacing of Government Aircraft and Aircraft Parts

§ 102-33.185

Disposing or replacing aircraft and aircraft parts.

Before disposing of aircraft or parts, determine if they are excess to your agency's mission.

§ 102-33.190

Reporting excess of both operational and non-operational aircraft.

You may report as excess, or replace both operational and non-operational aircraft, by following the rules governing excess personal property and exchange/sale (see 41 CFR parts 102-36 and 102-39, respectively).

§ 102-33.195

Declassifying aircraft.

(a) A declassified aircraft is no longer an aircraft but a set of parts for ground use only.

(b) Retain documentation and traceability for all replacement parts, recorded under the correct Federal Supply Classification groups.

(c) For disposal of the property remaining after declassification of an aircraft, you must follow the property disposal regulations in 41 CFR parts 102-36, 102-37, 102-38 and 102-39.

§ 102-33.200

Documenting FSCAP or life-limited parts installed on aircraft.

You must comply with the documentation procedures described in § 102-33.175 if your aircraft and/or engines contain FSCAP or life-limited parts that you will report as excess or replace.

§ 102-33.205

Reporting requirements for excess, replacement, or declassified aircraft in FAIRS.

(a) When you report as excess or replace an aircraft you must report the change in inventory to FAIRS.

(b) Within 14 calendar days of the date you dispose of the aircraft, you must report—

(1) The disposal method;

(2) The disposal date; and

(3) The identity and type of recipient.

§ 102-33.210

Excess aircraft.

If aircraft are excess, you must:

(a) Reassign them within your agency if a sub-agency can use them; or

(b) Report them as excess property to GSA if no sub-agencies can use them.

§ 102-33.215

Replacing aircraft through exchange/sale.

Refer to the procedures in 41 CFR part 102-39 for replacing aircraft via exchange/sale. Exchange/sell an aircraft to another executive agency or negotiate a fixed-price sale to a SASP.

Note 1 to § 102-33.215:

Some agencies may have special authorization to recover costs.

§ 102-33.220

Special disclaimers for non-certificated aircraft operated as public aircraft.

When exchanging/selling non-certificated aircraft, the offering must include the following statement:

Warning: This aircraft may not meet FAA requirements. You are responsible for ensuring compliance with 14 CFR and obtaining any required FAA inspections or modifications.

The purchaser agrees the Government is not liable for any harm from the aircraft's use or disposal and will hold the Government harmless from related claims. The aircraft may not meet 14 CFR standards and may require inspection before flight.

• All civil and public aircraft must have a valid registration issued by the FAA as required by 14 CFR Chapter I.

• Civil aircraft must have a valid airworthiness certificate to operate in the U.S. airspace.

• The aircraft must conform to its FAA Type Certificate to be eligible for a standard air worthiness certificate.

• Aircraft without a valid airworthiness certificate may qualify for a special FAA one-time flight permit for relocation, such as for storage, repair, inspection, or display. Approval is based on the aircraft's safety for flight.

• Purchasers of surplus military or foreign aircraft without an FAA Type Certificate may be unable to obtain an airworthiness certificate or special flight permit.

• An aircraft with proper maintenance and inspection records simplifies airworthiness determination. Contact your nearest FAA Flight Standards District Office to discuss your responsibilities. Find office locations on the FAA website (

http://www.faa.gov/

).

• When purchasing an aircraft for spare parts and scrapping the airframe, you must declassify the aircraft, complete the registration form, and send it to the FAA.

Subpart E—Reporting Information on Government Aircraft

§ 102-33.225

Government aircraft report requirement.

You must report information to GSA on Government aircraft if your agency:

(a) Is an executive agency of the U.S. Government; and

(b) Owns, bails, borrows, loans, leases, rents, charters, or contracts for (or obtains by ISSA) Government aircraft.

§ 102-33.230

Exemptions from reporting information to GSA on Government aircraft.

The following federally funded activities are exempt from the requirement to report information to GSA on Government aircraft:

(a) The Armed Forces (including the U.S. Coast Guard); and

(b) Agencies in the Intelligence Community.

§ 102-33.235

Required reporting on Government aircraft.

Report the following to GSA via FAIRS:

(a) Inventory data for Federal aircraft, including UAS;

(b) Cost and utilization data for Federal aircraft, including UAS;

(c) Cost and utilization data for CAS aircraft and aviation services;

(d) Accident and incident data; and

(e) Results of competition studies per OMB Circular A-76 for aircraft and related services acquisition.

§ 102-33.240

FAIRS.

FAIRS, is a secure website operated by GSA, collects and reports data on Federal and CAS aircraft inventories, costs, and usage. The U.S. Government Aircraft Cost Accounting Guide (CAG) (see

https://www.gsa.gov/aviationpolicy

) contains the business rules for using the system.

§ 102-33.245

Timeline for FAIRS reports.

(a) Report any changes in your Federal aircraft inventory within 14 calendar days.

(b) Report cost and utilization data to FAIRS at the end of each fiscal quarter. You may submit data more frequently. Additionally, a quarter's data may be reported in the following quarter if necessary.

§ 102-33.250

Federal inventory.

Federal inventory data includes information on each of the operational and non-operational Federal aircraft and UAS that you own, bail, borrow, or loan.

§ 102-33.255

Declassify a Federal aircraft.

(a) To declassify a Federal aircraft, you must send a letter to the Deputy Associate Administrator, GSA, requesting approval to declassify the aircraft, stating it is non-operational. Include the following:

(1) Relevant Federal Supply Classification (FSC) groups, if applicable; and

(2) Description of the aircraft's condition.

(b) When an aircraft is lost or destroyed, or is otherwise non-operational and you want to retain it, you may declassify it and remove it from your Federal aircraft inventory.

§ 102-33.260

Federal aircraft cost and utilization data.

(a) You must report costs and flight hours for each Federal aircraft (including UAS), including both Federal and CAS expenses. For data element details, see the U.S. Government Aircraft CAG at

www.gsa.gov/aviationpolicy

.

(b) All executive agencies—excluding the Armed Forces and Intelligence Community—must report Federal aircraft cost and utilization data.

(c) Report data for loaned aircraft only if Federal funds were used.

§ 102-33.265

CAS cost and utilization data.

(a) Executive agencies, excluding the Armed Forces and Intelligence Community, must report CAS cost and utilization data if they make payments for such services:

(1) Charter or rent aircraft;

(2) Lease or lease-purchase aircraft;

(3) Hire aircraft and related services through an ISSA or a full-service contract; or

(4) Obtain related aviation services through an ISSA or by contract except when you use the services in support of Federal aircraft.

(b) You must report:

(1) Costs and flight hours for each hired CAS aircraft; and

(2) Costs and contract periods for related aviation services, whether by contract or ISSA.

(c) Do not report CAS used to support Federal (owned) aircraft. The owning agency must report all related costs and usage in FAIRS. See the CAG at

www.gsa.gov/aviationpolicy.

§ 102-33.270

Aircraft accident and incident.

Report all NTSB-reportable aviation accidents and incidents to GSA within 14 days at

https://www.gsa.gov/aviationpolicy.

§ 102-33.275

Development of performance indicators.

Your agency must develop performance indicators to measure the achievement of key aviation program objectives:

(a) Measure the aviation program's contribution to the agency's mission;

(b) Justify aviation program budget requests; and

(c) Demonstrate the program's effectiveness and efficiency.

4. Revise part 102-34 to read as follows:

PART 102-34—MOTOR VEHICLE MANAGEMENT

Subpart A—General Provisions

Sec.

102-34.5

Scope of this part.

102-34.10—102-34.15

[Reserved]

102-34.20

Motor vehicles not covered by this part.

102-34.25—102-34.30

[Reserved]

102-34.35

Definitions.

Subpart B—Obtaining Fuel Efficient Motor Vehicles

102-34.40

Government motor vehicle fuel efficiency requirements.

102-34.45—102-34.50

[Reserved]

102-34.55

Fleet average fuel economy standards.

102-34.60—102-34.80

[Reserved]

Subpart C—Identifying and Registering Motor Vehicles

102-34.85

[Reserved]

102-34.90

Government motor vehicle identification.

102-34.95

Government motor vehicle license plates.

102-34.110—102-34.115

[Reserved]

102-34.120

Government motor vehicle registration.

102-34.125—102-34.150

[Reserved]

102-34.155

Government motor vehicle identification exemptions.

102-34.160—102-34.195

[Reserved]

Subpart D—Government Motor Vehicle Use

102-34.200

Government motor vehicle official use.

102-34.205

Government motor vehicle use for transportation between an employee's residence and place of employment (home-to-work transportation).

102-34.210

Government motor vehicle use for transportation between places of employment and mass transit facilities.

102-34.215

[Reserved]

102-34.220

Government motor vehicle misuse.

102-34.225—102-34.250

[Reserved]

Subparts E—I [Reserved]

Subpart J—Government Motor Vehicle Data Collection and Reporting

102-34.330

Federal Fleet Report.

102-34.335

[Reserved]

102-34.340

Fleet management information systems.

102-34.345

Government motor vehicle records.

Subpart K—[Reserved]

Authority:

31 U.S.C. 1344; 40 U.S.C. 121(c); 40 U.S.C. 609, 40 U.S.C. 611; 40 U.S.C. 17503; 49 U.S.C. 32917; E.O. 12375, 47 FR 34105, 3 CFR, 1982 Comp., p. 202.

Subpart A—General Provisions

§ 102-34.5

Scope of this part.

(a) This part governs the economical and efficient management and control of motor vehicles that the Government owns, leases commercially or leases through the General Services Administration Fleet (GSA Fleet®). Executive agencies must comply with the provisions of this entire part.

(b) This part also governs the use of Government passenger carriers to transport employees between their homes and places of employment (Home-to-Work Transportation). The Home-to-Work Transportation section (§ 102-32.405 of this chapter) applies to Federal agency employees in the executive, judicial, and legislative branches of the Government, with the exception of employees of the Senate, House of Representatives, Architect of the Capitol, and government of the District of Columbia.

(c) Implementing guidance and related policies are contained in separate customer service guides that may be found at

https://www.gsa.gov/vehiclepolicy.

For more information, contact GSA at

vehicle.policy@gsa.gov.

§§ 102-34.10—102-34.15

[Reserved]

§ 102-34.20

Motor vehicles not covered by this part.

Motor vehicles not covered by this part are:

(a) Military design motor vehicles;

(b) Motor vehicles used for military field training, combat, or tactical purposes;

(c) Motor vehicles used principally within the confines of a regularly established military post, camp, or depot; and

(d) Motor vehicles regularly used by an agency to perform investigative, law enforcement, or intelligence duties, if the head of the agency determines that exclusive control of the vehicle is essential for effective performance of duties, although such vehicles are subject to subpart D of this part with the exception of § 102-34.205 and subpart J of this part.

§§ 102-34.25-102-34.30

[Reserved]

§ 102-34.35

Definitions.

The following definitions apply to this part:

Agency head

means the highest official of a Federal agency.

Clear and present danger

means highly unusual circumstances that present a threat to the physical safety of the employee or their property when the danger is real, immediate or imminent, not merely potential, and the use of a Government passenger carrier would provide protection not otherwise available.

Commercial design motor vehicle

means a motor vehicle procurable from regular production lines and designed for use by the general public.

Commercial lease or lease commercially

means obtaining a motor vehicle by contract or other arrangement from a commercial source for 120 continuous days or more.

Compelling operational considerations

means those circumstances where home-to-work transportation is essential to the conduct of official business or would substantially increase a Federal agency's efficiency and economy.

Domestic fleet

means all reportable motor vehicles operated in any State, Commonwealth, territory or possession of the United States, and the District of Columbia.

Emergency

means circumstances that exist whenever there is an immediate, unforeseeable, temporary need to provide home-to-work transportation for those employees necessary to the uninterrupted performance of the agency's mission. (An emergency may occur where there is a major disruption of available means of transportation to or from a work site, an essential Government service must be provided, and there is no other way to transport those employees.)

Employee

means a Federal officer or employee of a Federal agency, including an officer or enlisted member of the Armed Forces.

Executive agency

means an executive department, a Government corporation, and an independent establishment.

Federal agency

means:

(1) A department (as defined in section 18 of the Act of August 2,1946 (41 U.S.C. 5a));

(2) An executive department (as defined in 5 U.S.C. 101);

(3) A military department (as defined in 5 U.S.C. 102);

(4) A Government corporation (as defined in 5 U.S.C. 103(1));

(5) A Government controlled corporation (as defined in 5 U.S.C. 103(2));

(6) A mixed-ownership Government corporation (as defined in 31 U.S.C. 9101(2));

(7) Any establishment in the executive branch of the Government (including the Executive Office of the President);

(8) Any independent regulatory agency (including an independent regulatory agency specified in 44 U.S.C. 3502(10));

(9) The Smithsonian Institution;

(10) Any nonappropriated fund instrumentality of the United States; and

(11) The United States Postal Service.

Field work

means official work requiring the employee's presence at various locations other than their regular place of work. (Multiple stops (itinerant-type travel) within the accepted local commuting area, limited use beyond the local commuting area, or transportation to remote locations that are only accessible by Government-provided transportation are examples of field work.)

Foreign fleet

means all reportable motor vehicles operated in areas outside any State, Commonwealth, territory or possession of the United States, and the District of Columbia.

Government motor vehicle

means any motor vehicle that the Government owns or leases. This includes motor vehicles obtained through purchase, excess, forfeiture, commercial lease, or GSA Fleet® lease.

Government-owned motor vehicle

means any motor vehicle that the Government has obtained through purchase, excess, forfeiture, or otherwise and for which the Government holds title.

GSA Fleet lease

means obtaining a motor vehicle from the GSA Fleet®.

Law enforcement motor vehicle

means a light duty motor vehicle that is specifically approved in an agency's appropriation act for use in apprehension, surveillance, police or other law enforcement work or specifically designed for use in law enforcement. If not identified in an agency's appropriation language, a motor vehicle qualifies as a law enforcement motor vehicle only in the following cases:

(1) A passenger automobile having heavy duty components for electrical,

cooling and suspension systems and at least the next higher cubic inch displacement or more powerful engine than is standard for the automobile concerned;

(2) A light truck having emergency warning lights and identified with markings such as “police;”

(3) An unmarked motor vehicle certified by the agency head as essential for the safe and efficient performance of intelligence, counterintelligence, protective, or other law enforcement duties; or

(4) A forfeited motor vehicle seized by a Federal agency that is subsequently used for the purpose of performing law enforcement activities.

Light duty motor vehicle

means any motor vehicle with a gross motor vehicle weight rating (GVWR) of 8,500 pounds or less.

Military design motor vehicle

means a motor vehicle (excluding commercial design motor vehicles) designed according to military specifications to directly support combat or tactical operations or training for such operations.

Motor vehicle

means any vehicle, self propelled or drawn by mechanical power, designed and operated principally for highway transportation of property or passengers, but does not include a military design motor vehicle or vehicles not covered by this part.

Motor vehicle identification

means the legends “For Official Use Only” and “U.S. Government” placed on a motor vehicle plus other legends readily identifying the department, agency, establishment, corporation, or service by which the motor vehicle is used.

Motor vehicle purchase

means buying a motor vehicle from a commercial source, usually a motor vehicle manufacturer or a motor vehicle manufacturer's dealership.

Motor vehicle rental

means obtaining a motor vehicle by contract or other arrangement from a commercial source for less than 120 continuous days.

Motor vehicles transferred from excess

means obtaining a motor vehicle reported as excess and transferred with or without cost.

Owning agency

means the executive agency that holds the vehicle title, manufacturer's Certificate of Origin, or is the lessee of a commercial lease. This term does not apply to agencies that lease motor vehicles from the GSA Fleet®.

Passenger automobile

means a sedan or station wagon designed primarily to transport people.

Passenger carrier

means a motor vehicle, aircraft, boat, ship, or other similar means of transportation that is owned (including those that have come into the possession of the Government by forfeiture or donation), leased, or rented (non-temporary duty (TDY)) by the United States Government.

Reportable motor vehicles

are any Government motor vehicles used by an executive agency or activity, including those used by contractors. Also included are motor vehicles designed or acquired for a specific or unique purpose, including motor vehicles that serve as a platform or conveyance for special equipment, such as a trailer. Excluded are material handling equipment and construction equipment not designed and used primarily for highway operation (

e.g.,

if it must be trailered or towed to be transported).

Using agency

means an executive agency that obtains motor vehicles from the GSA Fleet®, commercial firms or another executive agency and does not hold the vehicle title or manufacturer's Certificate of Origin. However, this does not include an executive agency that obtains a motor vehicle by motor vehicle rental.

Subpart B—Obtaining Fuel Efficient Motor Vehicles

§ 102-34.40

Government motor vehicle fuel efficiency requirements.

(a) Executive agencies operating domestic fleets must comply with the following motor vehicle fuel efficiency requirements, specifically applicable to passenger automobiles:

(1) Obtain the minimum size of motor vehicle necessary to fulfill the agency's mission;

(2) Obtain motor vehicles that achieve maximum fuel efficiency;

(3) Limit motor vehicle body size, engine size and optional equipment to what is essential to meet the agency's mission;

(4) With the exception of motor vehicles used by the President and Vice President and motor vehicles for security and highly essential needs, obtain midsize or smaller sedans; and

(5) Obtain large sedans only when such motor vehicles are essential to the agency's mission.

(b) Agencies must establish and document a structured vehicle allocation methodology to determine the appropriate size and number of motor vehicles.

(c) This subpart does not apply to motor vehicles exempted by law or other regulations, such as law enforcement or emergency rescue work and foreign fleets. Other Federal agencies are encouraged to comply so that maximum energy conservation benefits may be realized in obtaining, operating, and managing Government motor vehicles.

§§ 102-34.45-102-34.50

[Reserved]

§ 102-34.55

Fleet average fuel economy standards.

(a) Section 32917 of title 49, U.S. Code, and E.O. 12375 require that each executive agency meet the fleet average fuel economy standards in place as of January 1 of each fiscal year. The standards for passenger automobiles are prescribed in 49 U.S.C. 32902(b). The Department of Transportation publishes the standards for light trucks and amendments to the standards for passenger automobiles at

https://www.dot.gov.

(b) Guidance on fleet average fuel economy standards including calculation methods, exemption request procedures, records management protocols, and compliance requirements is available in a customer service guide that may be found at

https://www.gsa.gov/vehiclepolicy.

For more information, contact GSA at

vehicle.policy@gsa.gov.

(c) This section does not apply to military design motor vehicles, law enforcement motor vehicles, or motor vehicles intended for emergency rescue.

§§ 102-34.60-102-34.80

[Reserved]

Subpart C—Identifying and Registering Motor Vehicles

§ 102-34.85

[Reserved]

§ 102-34.90

Government motor vehicle identification.

All Government motor vehicles must display the following identification unless exempted under this subpart:

(a) “For Official Use Only”;

(b) “U.S. Government”; and

(c) Identification that readily identifies the agency owning the vehicle.

§ 102-34.95

Government motor vehicle license plates.

U.S. Government license plates must be used on Government motor vehicles unless exempted under this subpart. U.S. Government license plates may not be used on motor vehicles not owned or leased by the Government. U.S. Government license plates for domestic fleets may be obtained from the U.S. Department of Justice, UNICOR (Federal Prison Industries). GSA has established a Memorandum of Understanding (MOU) on behalf of all Federal agencies with 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. U.S. Government license plate design will have numbers preceded by a letter code that designates the owning agency for the motor vehicle. For assistance with any issues involving license plates including to obtain a new license plate code designation, contact GSA at

vehicle.policy@gsa.gov.

§§ 102-34.110-102-34.115

[Reserved]

§ 102-34.120

Government motor vehicle registration.

Government motor vehicles displaying U.S. Government license plates and motor vehicle identification must be registered in the Federal Government Motor Vehicle Registration System. GSA Fleet® may register motor vehicles leased from GSA Fleet®. Motor vehicles that have been exempted from the requirement to display official U.S. Government license plates under this subpart must be registered and inspected in acco

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