Attachment_4_-_Federal_Management_Regulations_41_C.F.R._part_102-74.pdf

41 CFR Ch. 102 (7–1–11 Edition) Pt. 102–74 organization, or small business at its new site, but not to exceed $10,000.

PART 102–74—FACILITY

MANAGEMENT

Subpart A—General Provisions

Sec.

102–74.5 What is the scope of this part?

102–74.10 What is the basic facility manage-ment policy?

Subpart B—Facility Management

102–74.15 What are the facility management responsibilities of occupant agencies?

OCCUPANCY SERVICES

102–74.20 What are occupancy services?

102–74.25 What responsibilities do Executive agencies have regarding occupancy serv-ices?

102–74.30 What standard in providing occu-pancy services must Executive agencies follow?

102–74.35 What building services must Exec-utive agencies provide?

CONCESSION SERVICES

102–74.40 What are concession services?

102–74.45 When must Federal agencies pro-vide concession services?

102–74.50 Are Federal agencies required to give blind vendors priority in operating vending facilities?

102–74.55 Are vending facilities authorized under the Randolph-Sheppard Act oper-ated by permit or contract?

102–74.60 Are Federal agencies required to give blind vendors priority in operating cafeterias?

102–74.65 Are cafeterias authorized under the Randolph-Sheppard Act operated by permit or contract?

102–74.70 Are commercial vendors and non-profit organizations required to operate vending facilities by permit or contrac-tual arrangement?

102–74.75 May Federal agencies sell tobacco products in vending machines in Govern-ment-owned and leased space?

102–74.80–102–74.95 [Reserved]

CONSERVATION PROGRAM

102–74.100 What are conservation programs?

ASSET SERVICES

102–74.105 What are asset services?

102–74.110 What asset services must Execu-tive agencies provide?

102–74.115 What standard in providing asset services must Executive agencies follow?

102–74.120 Is a prospectus required to be sub-mitted before emergency alterations can be performed?

102–74.125 Are prospectuses required for re-imbursable alteration projects?

102–74.130 When a prospectus is required, can GSA prepare a prospectus for a reim-bursable alteration project?

102–74.135 Who selects construction and al-teration projects that are to be per-formed?

102–74.140 On what basis does the Adminis-trator select construction and alteration projects?

102–74.145 What information must a Federal agency submit to GSA after the agency has identified a need for construction or alteration of a public building?

102–74.150 Who submits prospectuses for the construction or alteration of public buildings to the Congressional commit-tees?

ENERGY CONSERVATION

102–74.155 What energy conservation policy must Federal agencies follow in the man-agement of facilities?

102–74.160 What actions must Federal agen-cies take to promote energy conserva-tion?

102–74.165 What energy standards must Fed-eral agencies follow for existing facili-ties?

102–74.170 May exceptions to the energy conservation policies in this subpart be granted?

102–74.175 Are Government-leased buildings required to conform with the policies in this subpart?

102–74.180 What illumination levels must Federal agencies maintain on Federal fa-cilities?

102–74.185 What heating and cooling policy must Federal agencies follow in Federal facilities?

102–74.190 Are portable heaters, fans, and other such devices allowed in Govern-ment-controlled facilities?

102–74.195 What ventilation policy must Federal agencies follow?

102–74.200 What information are Federal agencies required to report to the De-partment of Energy (DOE)?

RIDESHARING

102–74.205 What Federal facility ridesharing policy must Executive agencies follow?

102–74.210 What steps must Executive agen-cies take to promote ridesharing at Fed-eral facilities?

102–74.215–102–74.225 [Reserved]

OCCUPANT EMERGENCY PROGRAM

102–74.230 Who is responsible for estab-lishing an occupant emergency program?

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Federal Management Regulation Pt. 102–74

102–74.235 Are occupant agencies required to cooperate with the Designated Official in the implementation of the emergency plans and the staffing of the emergency organization?

102–74.240 What are Federal agencies’ occu-pant emergency responsibilities?

102–74.245 Who makes the decision to acti-vate the Occupant Emergency Organiza-tion?

102–74.250 What information must the Des-ignated Official use to make a decision to activate the Occupant Emergency Or-ganization?

102–74.255 How must occupant evacuation or relocation be accomplished when there is immediate danger to persons or property, such as fire, explosion, or the discovery of an explosive device (not including a bomb threat)?

102–74.260 What action must the Designated Official initiate when there is advance notice of an emergency?

PARKING FACILITIES

102–74.265 Who must provide for the regula-tion and policing of parking facilities?

102–74.270 Are vehicles required to display parking permits in parking facilities?

102–74.275 May Federal agencies authorize lessors or parking management contrac-tors to manage, regulate, and police parking facilities?

102–74.280 Are privately owned vehicles con-verted for propane carburetion permitted in underground parking facilities?

102–74.285 How must Federal agencies assign priority to parking spaces in controlled areas?

102–74.290 May Federal agencies allow em-ployees to use parking spaces not re-quired for official needs?

102–74.295 Who determines the number of employee parking spaces for each facil-ity?

102–74.300 How must space available for em-ployee parking be allocated among occu-pant agencies?

102–74.305 How must Federal agencies assign available parking spaces to their employ-ees?

102–74.310 What measures must Federal agencies take to improve the utilization of parking facilities?

SMOKING

102–74.315 What is the smoking policy for in-terior space in Federal facilities?

102–74.320 Are there any exceptions to the smoking policy for interior space in Fed-eral facilities?

102–74.325 Are designated smoking areas au-thorized in interior space?

102–74.330 What smoking restrictions apply to outside areas under Executive branch control?

102–74.335 Who is responsible for furnishing and installing signs concerning smoking restrictions in the building, and in and around building entrance doorways and air intake ducts?

102–74.340 Who is responsible for monitoring and controlling areas designated for smoking by an agency head and for iden-tifying those areas with proper signage?

102–74.345 Does the smoking policy in this part apply to the judicial branch?

102–74.350 Are agencies required to meet their obligations under the Federal Serv-ice Labor-Management Relations Act where there is an exclusive representa-tive for the employees prior to imple-menting this smoking policy?

102–74.351 If a state or local government has a smoke-free ordinance that is more strict than the smoking policy for Fed-eral facilities, does the state or local law or Federal policy control?

ACCIDENT AND FIRE PREVENTION

102–74.355 With what accident and fire pre-vention standards must Federal facilities comply?

102–74.360 What are the specific accident and fire prevention responsibilities of oc-cupant agencies?

Subpart C—Conduct on Federal Property

APPLICABILITY

102–74.365 To whom does this subpart apply?

INSPECTION

102–74.370 What items are subject to inspec-tion by Federal agencies?

ADMISSION TO PROPERTY

102–74.375 What is the policy on admitting persons to Government property?

PRESERVATION OF PROPERTY

102–74.380 What is the policy concerning the preservation of property?

CONFORMITY WITH SIGNS AND DIRECTIONS

102–74.385 What is the policy concerning conformity with official signs and direc-tions?

DISTURBANCES

102–74.390 What is the policy concerning dis-turbances?

GAMBLING

102–74.395 What is the policy concerning gambling?

NARCOTICS AND OTHER DRUGS

102–74.400 What is the policy concerning the possession and use of narcotics and other drugs?

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41 CFR Ch. 102 (7–1–11 Edition) Pt. 102–74

ALCOHOLIC BEVERAGES

102–74.405 What is the policy concerning the use of alcoholic beverages?

SOLICITING, VENDING AND DEBT COLLECTION

102–74.410 What is the policy concerning so-liciting, vending and debt collection?

POSTING AND DISTRIBUTING MATERIALS

102–74.415 What is the policy for posting and distributing materials?

PHOTOGRAPHS FOR NEWS, ADVERTISING OR

COMMERCIAL PURPOSES

102–74.420 What is the policy concerning photographs for news, advertising or commercial purposes?

DOGS AND OTHER ANIMALS

102–74.425 What is the policy concerning dogs and other animals on Federal prop-erty?

BREASTFEEDING

102–74.426 May a woman breastfeed her child in a Federal building or on Federal prop-erty?

VEHICULAR AND PEDESTRIAN TRAFFIC

102–74.430 What is the policy concerning ve-hicular and pedestrian traffic on Federal property?

EXPLOSIVES

102–74.435 What is the policy concerning ex-plosives on Federal property?

WEAPONS

102–74.440 What is the policy concerning weapons on Federal property?

NONDISCRIMINATION

102–74.445 What is the policy concerning dis-crimination on Federal property?

PENALTIES

102–74.450 What are the penalties for vio-lating any rule or regulation in this sub-part?

IMPACT ON OTHER LAWS OR REGULATIONS

102–74.455 What impact do the rules and reg-ulations in this subpart have on other laws or regulations?

Subpart D—Occasional Use of Public Buildings

102–74.460 What is the scope of this subpart?

APPLICATION FOR PERMIT

102–74.465 Is a person or organization that wishes to use a public area required to apply for a permit from a Federal agen-cy?

102–74.470 What information must persons or organizations submit so that Federal agencies may consider their application for a permit?

102–74.475 If an applicant proposes to use a public area to solicit funds, is the appli-cant required to make a certification?

PERMITS

102–74.480 How many days does a Federal agency have to issue a permit following receipt of a completed application?

102–74.485 Is there any limitation on the length of time of a permit?

102–74.490 What if more than one permit is requested for the same area and time?

102–74.495 If a permit involves demonstra-tions or activities that may lead to civil disturbances, what action must a Federal agency take before approving such a per-mit application?

DISAPPROVAL OF APPLICATIONS OR

CANCELLATION OF PERMITS

102–74.500 Can Federal agencies disapprove permit applications or cancel issued per-mits?

102–74.505 What action must Federal agen-cies take after disapproving an applica-tion or canceling an issued permit?

APPEALS

102–74.510 How may the disapproval of a per-mit application or cancellation of an issued permit be appealed?

102–74.515 Will the affected person or organi-zation and the Federal agency buildings manager have an opportunity to state their positions on the issues?

102–74.520 How much time does the Regional Officer have to affirm or reverse the Fed-eral agency buildings manager’s decision after receiving the notification of appeal from the affected person or organization?

SCHEDULE OF USE

102–74.525 May Federal agencies reserve time periods for the use of public areas for official Government business or for maintenance, repair, and construction?

HOURS OF USE

102–74.530 When may public areas be used?

SERVICES AND COSTS

102–74.535 What items may Federal agencies provide to permittees free of charge?

102–74.540 What are the items for which per-mittees must reimburse Federal agen-cies?

102–74.545 May permittees make alterations to the public areas?

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Federal Management Regulation § 102–74.25

102–74.550 What items are permittees re-sponsible for furnishing?

CONDUCT

102–74.555 What rules of conduct must all permittees observe while on Federal property?

NON-AFFILIATION WITH THE GOVERNMENT

102–74.560 May Federal agencies advise the public of the presence of any permittees and their non-affiliation with the Fed-eral Government?

Subpart E—Installing, Repairing, and Replacing Sidewalks

102–74.565 What is the scope of this subpart?

102–74.570 Are State and local governments required to fund the cost of installing, repairing, and replacing sidewalks?

102–74.575 How do Federal agencies arrange for work on sidewalks?

102–74.580 Who decides when to replace a sidewalk?

Subpart F—Telework

102–74.585 What Federal facility telework policy must Executive agencies follow?

102–74.590 What steps must agencies take to implement these laws and policies?

102–74.595 How can agencies obtain guid-ance, assistance, and oversight regarding alternative workplace arrangements from GSA?

102–74.600 Should Federal agencies utilize telework centers?

APPENDIX TO PART 102–74—RULES AND REGU-

LATIONS GOVERNING CONDUCT ON FEDERAL

PROPERTY

AUTHORITY: 40 U.S.C. 121(c); Executive Order 12191, 45 FR 7997, 3 CFR, 1980 Comp., p 138.

SOURCE: 70 FR 67798, Nov. 8, 2005, unless otherwise noted.

Subpart A—General Provisions

§ 102–74.5 What is the scope of this part?

The real property policies contained in this part apply to Federal agencies, including the GSA’s Public Buildings Service (PBS), operating under, or sub-ject to, the authorities of the Adminis-trator of General Services.

§ 102–74.10 What is the basic facility management policy?

Executive agencies must manage, op-erate and maintain Government-owned and leased buildings in a manner that provides for quality space and services consistent with their operational needs and accomplishes overall Government objectives. The management, operation and maintenance of buildings and building systems must—

(a) Be cost effective and energy effi-cient;

(b) Be adequate to meet the agencies’ missions;

(c) Meet nationally recognized stand-ards; and

(d) Be at an appropriate level to maintain and preserve the physical plant assets, consistent with available funding.

Subpart B—Facility Management

§ 102–74.15 What are the facility man-agement responsibilities of occu-pant agencies?

Occupants of facilities under the cus-tody and control of Federal agencies must—

(a) Cooperate to the fullest extent with all pertinent facility procedures and regulations;

(b) Promptly report all crimes and suspicious circumstances occurring on Federally controlled property first to the regional Federal Protective Serv-ice, and as appropriate, the local re-sponding law enforcement authority;

(c) Provide training to employees re-garding protection and responses to emergency situations; and

(d) Make recommendations for im-proving the effectiveness of protection in Federal facilities.

OCCUPANCY SERVICES

§ 102–74.20 What are occupancy serv-ices?

Occupancy services are—

(a) Building services (see § 102–74.35);

(b) Concession services (see § 102–

74.40); and

(c) Conservation programs (see § 102–

74.100).

§ 102–74.25 What responsibilities do Executive agencies have regarding occupancy services?

Executive agencies, upon approval from GSA, must manage, administer

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41 CFR Ch. 102 (7–1–11 Edition) § 102–74.30 and enforce the requirements of agree-ments (such as Memoranda of Under-standing) and contracts that provide for the delivery of occupancy services.

§ 102–74.30 What standard in pro-viding occupancy services must Ex-ecutive agencies follow?

Executive agencies must provide oc-cupancy services that substantially conform to nationally recognized standards. As needed, Executive agen-cies may adopt other standards for buildings and services in Federally controlled facilities to conform to stat-utory requirements and to implement cost-reduction efforts.

§ 102–74.35 What building services must Executive agencies provide?

Executive agencies, upon approval from GSA, must provide—

(a) Building services such as custo-dial, solid waste management (includ-ing recycling), heating and cooling, landscaping and grounds maintenance, tenant alterations, minor repairs, building maintenance, integrated pest management, signage, parking, and snow removal, at appropriate levels to support Federal agency missions; and

(b) Arrangements for raising and low-ering the United States flags at appro-priate times. In addition, agencies must display P.O.W. and M.I.A. flags at locations specified in 36 U.S.C. 902 on P.O.W./M.I.A. flag display days.

CONCESSION SERVICES

§ 102–74.40 What are concession serv-ices?

Concession services are any food or snack services provided by a Randolph- Sheppard Act vendor, commercial con-tractor or nonprofit organization (see definition in § 102–71.20 of this chapter), in vending facilities such as—

(a) Vending machines;

(b) Sundry facilities;

(c) Prepackaged facilities;

(d) Snack bars; and

(e) Cafeterias.

§ 102–74.45 When must Federal agen-cies provide concession services?

Federal agencies, upon approval from GSA, must provide concession services where building population supports such services and when the availability of existing commercial services is in-sufficient to meet Federal agency needs. Prior to establishing conces-sions, Federal agencies must ensure that—

(a) The proposed concession will be established and operated in conform-ance with applicable policies, safety, health and sanitation codes, laws, reg-ulations, etc., and will not contravene the terms of any lease or other con-tractual arrangement; and

(b) Sufficient funds are legally avail-able to cover all costs for which the Government may be responsible.

§ 102–74.50 Are Federal agencies re-quired to give blind vendors pri-ority in operating vending facili-ties?

With certain exceptions, the Ran-dolph-Sheppard Act (20 U.S.C. 107 et seq.) requires that blind persons li-censed by a State licensing agency under the provisions of the Randolph- Sheppard Act be authorized to operate vending facilities on Federal property, including leased buildings. The Depart-ment of Education (ED) is responsible for the administration of the Ran-dolph-Sheppard Act as set forth at 34 CFR part 395. The ED designates indi-vidual State licensing agencies with program administration responsibility.

The Randolph-Sheppard Act and its im-plementing regulations require that Federal property managers give pri-ority to and notify the State licensing agencies in writing of any opportunity.

§ 102–74.55 Are vending facilities au-thorized under the Randolph- Sheppard Act operated by permit or contract?

Vending facilities are authorized by permit. As set forth in 34 CFR part 395, the Federal property manager approves and signs State licensing agency per-mits that authorize States to license blind vendors to operate vending facili-ties (including vending machines) on Federal property.

§ 102–74.60 Are Federal agencies re-quired to give blind vendors pri-ority in operating cafeterias?

Yes. Federal agencies are required to give Randolph-Sheppard vendors pri-ority in the operation of cafeterias when the State licensing agency is in

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Federal Management Regulation § 102–74.120 the competitive range as set forth at 34 CFR part 395.

§ 102–74.65 Are cafeterias authorized under the Randolph-Sheppard Act operated by permit or contract?

They are operated by contract. As set forth at 34 CFR part 395, the Federal property manager contracts with the State licensing agency to license blind vendors to operate cafeterias on Fed-eral property.

§ 102–74.70 Are commercial vendors and nonprofit organizations re-quired to operate vending facilities by permit or contractual arrange-ment?

Commercial vendors and nonprofit organizations must operate vending fa-cilities, including cafeterias, under a contractual arrangement with Federal agencies.

§ 102–74.75 May Federal agencies sell tobacco products in vending ma-chines in Government-owned and leased space?

No. Section 636 of Public Law 104–52 prohibits the sale of tobacco products in vending machines in Government-owned and leased space. The Adminis-trator of GSA or the head of an Agency may designate areas not subject to the prohibition, if minors are prohibited and reports are made to the appro-priate committees of Congress.

§§ 102–74.80–102–74.95 [Reserved]

CONSERVATION PROGRAMS

§ 102–74.100 What are conservation programs?

Conservation programs are programs that improve energy and water effi-ciency and promote the use of solar and other renewable energy. These pro-grams must promote and maintain an effective source reduction activity (re-ducing consumption of resources such as energy, water, and paper), resource recovery activity (obtaining materials from the waste stream that can be re-cycled into new products), and reuse activity (reusing same product before disposition, such as reusing unneeded memos for scratch paper).

ASSET SERVICES

§ 102–74.105 What are asset services?

Asset services include repairs (other than those minor repairs identified in § 102–74.35(a)), alterations and mod-ernizations for real property assets.

Typically, these are the types of re-pairs and alterations necessary to pre-serve or enhance the value of the real property asset.

§ 102–74.110 What asset services must Executive agencies provide?

Executive agencies, upon approval from GSA, must provide asset services such as repairs (in addition to those minor repairs identified in § 102– 74.35(a)), alterations, and moderniza-tions for real property assets. For re-pairs and alterations projects for which the estimated cost exceeds the pro-spectus threshold, Federal agencies must follow the prospectus submission and approval policy identified in this part and part 102–73 of this chapter.

§ 102–74.115 What standard in pro-viding asset services must Execu-tive agencies follow?

Executive agencies must provide asset services that maintain continuity of Government operations, continue ef-ficient building operations, extend the useful life of buildings and related building systems, and provide a quality workplace environment that enhances employee productivity.

§ 102–74.120 Is a prospectus required to be submitted before emergency alterations can be performed?

No. A prospectus does not need to be submitted before emergency alter-ations are performed, but GSA must submit a prospectus as soon as possible after the emergency. Federal agencies must immediately alter a building if the alteration protects people, build-ings, or equipment, saves lives, and/or avoids further property damage. Fed-eral agencies can take these actions in an emergency before GSA submits a prospectus on the alterations to the Senate Committee on Environment and Public Works and the House Com-mittee on Transportation and Infra-structure.

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41 CFR Ch. 102 (7–1–11 Edition) § 102–74.125

§ 102–74.125 Are prospectuses required for reimbursable alteration projects?

A project that is to be financed in whole or in part from funds appro-priated to the requesting agency may be performed without a prospectus if—

(a) Payment is made from agency ap-propriations that are not subject to 40 U.S.C. 3307; and

(b) GSA’s portion of the cost, if any, does not exceed the prospectus thresh-old.

§ 102–74.130 When a prospectus is re-quired, can GSA prepare a pro-spectus for a reimbursable alter-ation project?

Yes, if requested by a Federal agen-cy, GSA will prepare a prospectus for a reimbursable alteration project.

§ 102–74.135 Who selects construction and alteration projects that are to be performed?

The Administrator of General Serv-ices selects construction and alteration projects to be performed.

§ 102–74.140 On what basis does the Administrator select construction and alteration projects?

The Administrator selects projects based on a continuing investigation and survey of the public building needs of the Federal Government. These projects must be equitably distributed throughout the United States, with due consideration given to each project’s comparative urgency.

§ 102–74.145 What information must a Federal agency submit to GSA after the agency has identified a need for construction or alteration of a pub-lic building?

Federal agencies identifying a need for construction or alteration of a pub-lic building must provide information, such as a description of the work, loca-tion, estimated maximum cost, and justification to the Administrator of General Services.

§ 102–74.150 Who submits prospectuses for the construction or alteration of public buildings to the Congres-sional committees?

The Administrator of General Serv-ices must submit prospectuses for pub-lic building construction or alteration projects to the Senate Committee on Environment and Public Works and the House Committee on Transportation and Infrastructure for approval.

ENERGY CONSERVATION

§ 102–74.155 What energy conservation policy must Federal agencies follow in the management of facilities?

Federal agencies must—

(a) Comply with the energy conserva-tion guidelines in 10 CFR part 436 (Fed-eral Energy Management and Planning Programs); and

(b) Observe the energy conservation policies cited in this part.

§ 102–74.160 What actions must Fed-eral agencies take to promote en-ergy conservation?

Federal agencies must—

(a) Turn off lights and equipment when not needed;

(b) Not block or impede ventilation;

and

(c) Keep windows and other building accesses closed during the heating and cooling seasons.

§ 102–74.165 What energy standards must Federal agencies follow for ex-isting facilities?

Existing Federal facilities must meet the energy standards prescribed by the American Society of Heating, Refrig-erating, and Air Conditioning Engi-neers and the Illuminating Engineering Society of North American in ASHRAE/IES Standard 90A–1980, as amended by the Department of Energy.

Federal agencies must apply these en-ergy standards where they can be achieved through life cycle, cost effec-tive actions.

§ 102–74.170 May exceptions to the en-ergy conservation policies in this subpart be granted?

Yes, the Federal agency buildings manager may grant exceptions to the foregoing policies in this subpart to en-able agencies to accomplish their mis-sions more effectively and efficiently.

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Federal Management Regulation § 102–74.205

§ 102–74.175 Are Government-leased buildings required to conform with the policies in this subpart?

Yes, all new lease contracts must be in conformance with the policies pre-scribed in this subpart. Federal agen-cies must administer existing lease contracts in accordance with these policies to the maximum extent fea-sible.

§ 102–74.180 What illumination levels must Federal agencies maintain on Federal facilities?

Except where special circumstances exist, Federal agencies must maintain illumination levels at—

(a) 50 foot-candles at work station surfaces, measured at a height of 30 inches above floor level, during work-ing hours (for visually difficult or crit-ical tasks, additional lighting may be authorized by the Federal agency buildings manager);

(b) 30 foot-candles in work areas dur-ing working hours, measured at 30 inches above floor level;

(c) 10 foot-candles, but not less than 1 foot-candle, in non-work areas, dur-ing working hours (normally this will require levels of 5 foot-candles at ele-vator boarding areas, minimum of 1 foot-candle at the middle of corridors and stairwells as measured at the walking surface, 1 foot-candle at the middle of corridors and stairwells as measured at the walking surface, and 10 foot-candles in storage areas); and

(d) Levels essential for safety and se-curity purposes, including exit signs and exterior lights.

§ 102–74.185 What heating and cooling policy must Federal agencies follow in Federal facilities?

Within the limitations of the build-ing systems, Federal agencies must—

(a) Operate heating and cooling sys-tems in the most overall energy effi-cient and economical manner;

(b) Maintain temperatures to maxi-mize customer satisfaction by con-forming to local commercial equiva-lent temperature levels and operating practices;

(c) Set heating temperatures no high-er than 55 degrees Fahrenheit during non-working hours;

(d) Not provide air-conditioning dur-ing non-working hours, except as nec-essary to return space temperatures to a suitable level for the beginning of working hours;

(e) Not permit reheating, humidi-fication and simultaneous heating and cooling; and

(f) Operate building systems as nec-essary during extreme weather condi-tions to protect the physical condition of the building.

§ 102–74.190 Are portable heaters, fans and other such devices allowed in Government-controlled facilities?

Federal agencies are prohibited from operating portable heaters, fans, and other such devices in Government-con-trolled facilities unless authorized by the Federal agency buildings manager.

§ 102–74.195 What ventilation policy must Federal agencies follow?

During working hours in periods of heating and cooling, Federal agencies must provide ventilation in accordance with ASHRAE Standard 62, Ventilation for Acceptable Indoor Air Quality, where physically practical. Where not physically practical, Federal agencies must provide the maximum allowable amount of ventilation during periods of heating and cooling and pursue oppor-tunities to increase ventilation up to current standards. ASHRAE Standard 62 is available from ASHRAE Publica-tions Sales, 1791 Tullie Circle NE, At-lanta, GA 30329–2305.

§ 102–74.200 What information are Fed-eral agencies required to report to the Department of Energy (DOE)?

Federal agencies, upon approval of GSA, must report to the DOE the en-ergy consumption in buildings, facili-ties, vehicles, and equipment within 45 calendar days after the end of each quarter as specified in the DOE Federal Energy Usage Report DOE F 6200.2 In-structions.

RIDESHARING

§ 102–74.205 What Federal facility ride-sharing policy must Executive agencies follow?

(a) In accordance with Executive Order 12191, ‘‘Federal Facility Ride-sharing Program’’ (3 CFR, 1980 Comp., VerDate Mar<15>2010 10:44 Sep 23, 2011 Jkt 223179 PO 00000 Frm 00215 Fmt 8010 Sfmt 8010 Q:\41\41V3.TXT ofr150 PsN: PC150

41 CFR Ch. 102 (7–1–11 Edition) § 102–74.210

p. 138), Executive agencies must ac-tively promote the use of ridesharing (carpools, vanpools, privately leased buses, public transportation, and other multi-occupancy modes of travel) by personnel working at Federal facilities to conserve energy, reduce congestion, improve air quality, and provide an ec-onomical way for Federal employees to commute to work.

(b) In accordance with the Federal Employees Clean Air Incentives Act (Public Law 103–172), the Federal Gov-ernment is required to take steps to improve the air quality, and to reduce traffic congestion by providing for the establishment of programs that en-courage Federal employees to com-mute to work by means other than sin-gle-occupancy motor vehicles.

(c) In accordance with the Transpor-tation Equity Act for the 21st Century (Public Law 105–178), employers, in-cluding the Federal Government, are to offer employees transportation fringe benefits.

§ 102–74.210 What steps must Execu-tive agencies take to promote ride-sharing at Federal facilities?

(a) Under Executive Order 12191, ‘‘Federal Facility Ridesharing Pro-gram,’’ agencies shall—

(1) Establish an annual ridesharing goal for each facility; and

(2) Cooperate with State and local ridesharing agencies where such agen-cies exist.

(b) Under the Federal Employees Clean Air Incentives Act (Public Law 103–172), agencies shall—

(1) Issue transit passes or similar vouchers to exchange for transit passes;

(2) Furnish space, facilities, and serv-ices to bicyclists;

(3) Provide non-monetary incentives as provided by other provisions of law or other authority; and

(4) Submit biennially to GSA (as di-rected in House of Representatives Re-port 103–356, dated November 10, 1993) a report that covers—

(i) Agency programs offered under Public law 103–172;

(ii) Description of each program;

(iii) Extent of employee participation in, and costs to the Government associ-ated with, each program;

(iv) Assessment of environmental or other benefits realized from these pro-grams; and

(v) Other matters that may be appro-priate under Public Law 103–172.

(c) In accordance with the Transpor-tation Equity Act for the 21st Century, agencies may (in lieu of or in combina-tion with other commuter benefits) provide fringe benefits to qualified commuters, at no cost, by giving them a monthly pretax payroll deduction to support and encourage the use of mass transportation systems.

§§ 102–74.215–102–74.225 [Reserved]

OCCUPANT EMERGENCY PROGRAM

§ 102–74.230 Who is responsible for es-tablishing an occupant emergency program?

The Designated Official (as defined in § 102–71.20 of this chapter) is responsible for developing, implementing and maintaining an Occupant Emergency Plan (as defined in § 102–71.20 of this chapter). The Designated Official’s re-sponsibilities include establishing, staffing and training an Occupant Emergency Organization with agency employees. Federal agencies, upon ap-proval from GSA, must assist in the es-tablishment and maintenance of such plans and organizations.

§ 102–74.235 Are occupant agencies re-quired to cooperate with the Des-ignated Official in the implementa-tion of the emergency plans and the staffing of the emergency organiza-tion?

Yes, all occupant agencies of a facil-ity must fully cooperate with the Des-ignated Official in the implementation of the emergency plans and the staffing of the emergency organization.

§ 102–74.240 What are Federal agen-cies’ occupant emergency respon-sibilities?

Federal agencies, upon approval from GSA, must—

(a) Provide emergency program pol-icy guidance;

(b) Review plans and organizations annually;

(c) Assist in training of personnel;

(d) Otherwise provide for the proper administration of Occupant Emergency

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Federal Management Regulation § 102–74.275

Programs (as defined in § 102–71.20 of this chapter);

(e) Solicit the assistance of the lessor in the establishment and implementa-tion of plans in leased space; and

(f) Assist the Occupant Emergency Organization (as defined in § 102–71.20 of this chapter) by providing technical personnel qualified in the operation of utility systems and protective equip-ment.

§ 102–74.245 Who makes the decision to activate the Occupant Emergency Organization?

The decision to activate the Occu-pant Emergency Organization must be made by the Designated Official, or by the designated alternate official. After normal duty hours, the senior Federal official present must represent the Des-ignated Official or his/her alternates and must initiate action to cope with emergencies in accordance with the plans.

§ 102–74.250 What information must the Designated Official use to make a decision to activate the Occupant Emergency Organization?

The Designated Official must make a decision to activate the Occupant Emergency Organization based upon the best available information, includ-ing—

(a) An understanding of local ten-sions;

(b) The sensitivity of target agen-cy(ies);

(c) Previous experience with similar situations;

(d) Advice from the Federal agency buildings manager;

(e) Advice from the appropriate Fed-eral law enforcement official; and

(f) Advice from Federal, State, and local law enforcement agencies.

§ 102–74.255 How must occupant evac-uation or relocation be accom-plished when there is immediate danger to persons or property, such as fire, explosion or the discovery of an explosive device (not includ-ing a bomb threat)?

The Designated Official must initiate action to evacuate or relocate occu-pants in accordance with the plan by sounding the fire alarm system or by other appropriate means when there is immediate danger to persons or prop-erty, such as fire, explosion or the dis-covery of an explosive device (not in-cluding a bomb threat).

§ 102–74.260 What action must the Des-ignated Official initiate when there is advance notice of an emergency?

The Designated Official must initiate appropriate action according to the plan when there is advance notice of an emergency.

PARKING FACILITIES

§ 102–74.265 Who must provide for the regulation and policing of parking facilities?

Federal agencies, upon approval from GSA, must provide for any necessary regulation and policing of parking fa-cilities, which may include—

(a) The issuance of traffic rules and regulations;

(b) The installation of signs and markings for traffic control (Signs and markings must conform with the Man-ual on Uniform Traffic Control Devices published by the Department of Trans-portation);

(c) The issuance of citations for park-ing violations; and

(d) The immobilization or removal of illegally parked vehicles.

§ 102–74.270 Are vehicles required to display parking permits in parking facilities?

When the use of parking space is con-trolled as in § 102–74.265, all privately owned vehicles other than those au-thorized to use designated visitor or service areas must display a parking permit. This requirement may be waived in parking facilities where the number of available spaces regularly exceeds the demand for such spaces.

§ 102–74.275 May Federal agencies au-thorize lessors or parking manage-ment contractors to manage, regu-late and police parking facilities?

Yes, Federal agencies, upon approval from GSA, may authorize lessors or parking management contractors to manage, regulate and police parking facilities.

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41 CFR Ch. 102 (7–1–11 Edition) § 102–74.280

§ 102–74.280 Are privately owned vehi-cles converted for propane carburetion permitted in under-ground parking facilities?

Federal agencies must not permit privately owned vehicles converted for propane carburetion to enter under-ground parking facilities unless the owner provides to the occupant agency and the Federal agency buildings man-ager the installer’s certification that the installation methods and equip-ment comply with National Fire Pro-tection Association (NFPA) Standard No. 58.

§ 102–74.285 How must Federal agen-cies assign priority to parking spaces in controlled areas?

Federal agencies must reserve offi-cial parking spaces, in the following order of priority, for—

(a) Official postal vehicles at build-ings containing the U.S. Postal Serv-ice’s mailing operations;

(b) Federally owned vehicles used to apprehend criminals, fight fires and handle other emergencies;

(c) Private vehicles owned by Mem-bers of Congress (but not their staffs);

(d) Private vehicles owned by Federal judges (appointed under Article III of the Constitution), which may be parked in those spaces assigned for the use of the Court, with priority for them set by the Administrative Office of the U.S. Courts;

(e) Other Federally owned and leased vehicles, including those in motor pools or assigned for general use;

(f) Service vehicles, vehicles used in child care center operations, and vehi-cles of patrons and visitors (Federal agencies must allocate parking for dis-abled visitors whenever an agency’s mission requires visitor parking); and

(g) Private vehicles owned by em-ployees, using spaces not needed for of-ficial business.

However, in major metropolitan areas, Federal agencies may determine that allocations by zone would make parking more efficient or equitable, taking into account the priority for of-ficial parking set forth in this section.

§ 102–74.290 May Federal agencies allow employees to use parking spaces not required for official needs?

Yes, Federal agencies may allow em-ployees to use parking spaces not re-quired for official needs.

§ 102–74.295 Who determines the num-ber of employee parking spaces for each facility?

The Federal agency buildings man-ager must determine the total number of spaces available for employee park-ing. Typically, Federal agencies must make a separate determination for each parking facility. However, in major metropolitan areas, Federal agencies may determine that alloca-tions by zone would make parking more efficient or more equitably avail-able.

§ 102–74.300 How must space available for employee parking be allocated among occupant agencies?

The Federal agency buildings man-ager must allocate space available for employee parking among occupant agencies on an equitable basis, such as by allocating such parking in propor-tion to each agency’s share of building space, office space or total employee population, as appropriate. In certain cases, Federal agencies may allow a third party, such as a board composed of representatives of agencies sharing space, to determine proper parking al-locations among the occupant agen-cies.

§ 102–74.305 How must Federal agen-cies assign available parking spaces to their employees?

Federal agencies must assign avail-able parking spaces to their employees using the following order of priority:

(a) Severely disabled employees (see definition in § 102–71.20 of this chapter).

(b) Executive personnel and persons who work unusual hours.

(c) Vanpool/carpool vehicles.

(d) Privately owned vehicles of occu-pant agency employees that are regu-larly used for Government business at least 12 days per month and that qual-ify for reimbursement of mileage and travel expenses under Government travel regulations.

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Federal Management Regulation § 102–74.330

(e) Other privately owned vehicles of employees, on a space-available basis.

(In locations where parking allocations are made on a zonal basis, GSA and af-fected agencies may cooperate to issue additional rules, as appropriate.)

§ 102–74.310 What measures must Fed-eral agencies take to improve the utilization of parking facilities?

Federal agencies must take all fea-sible measures to improve the utiliza-tion of parking facilities, including—

(a) The conducting of surveys and studies;

(b) The periodic review of parking space allocations;

(c) The dissemination of parking in-formation to occupant agencies;

(d) The implementation of parking incentives that promote ridesharing;

(e) The use of stack parking prac-tices, where appropriate; and

(f) The employment of parking man-agement contractors and conces-sionaires, where appropriate.

SMOKING

§ 102–74.315 What is the smoking pol-icy for interior space in Federal fa-cilities?

Pursuant to Executive Order 13058, ‘‘Protecting Federal Employees and the Public From Exposure to Tobacco Smoke in the Federal Workplace’’ (3 CFR, 1997 Comp., p. 216), it is the policy of the executive branch to establish a smoke-free environment for Federal employees and members of the public visiting or using Federal facilities. The smoking of tobacco products is prohib-ited in all interior space owned, rented or leased by the executive branch of the Federal Government.

[73 FR 77518, Dec. 19, 2008]

§ 102–74.320 Are there any exceptions to the smoking policy for interior space in Federal facilities?

Yes, the smoking policy does not apply in—

(a) Any residential accommodation for persons voluntarily or involun-tarily residing, on a temporary or long-term basis, in a building owned, leased or rented by the Federal Government;

(b) Portions of Federally owned buildings leased, rented or otherwise provided in their entirety to non-Fed-eral parties;

(c) Places of employment in the pri-vate sector or in other non-Federal Governmental units that serve as the permanent or intermittent duty sta-tion of one or more Federal employees;

and

(d) Instances where an agency head establishes limited and narrow excep-tions that are necessary to accomplish agency missions. Such exceptions must be in writing, approved by the agency head and, to the fullest extent possible, provide protection of nonsmokers from exposure to environmental tobacco smoke. Authority to establish such ex-ceptions may not be delegated.

[73 FR 77518, Dec. 19, 2008]

§ 102–74.325 Are designated smoking areas authorized in interior space?

No, unless specifically established by an agency head as provided by § 102– 74.320(d). A previous exception for des-ignated smoking areas is being elimi-nated. All designated interior smoking areas will be closed effective June 19, 2009. This six-month phase-in period is designed to establish a fixed but rea-sonable time for implementing this policy change. This phase-in period will provide agencies with time to com-ply with their obligations under the Federal Service Labor-Management Relations Act, as amended, 5 U.S.C. Ch.

71, Labor-Management Relations, in those circumstances where there is an exclusive union representative for the employees.

[73 FR 77518, Dec. 19, 2008]

§ 102–74.330 What smoking restrictions apply to outside areas under Execu-tive branch control?

Effective June 19, 2009, smoking is prohibited in courtyards and within twenty-five (25) feet of doorways and air intake ducts on outdoor space under the jurisdiction, custody or con-trol of GSA. This six-month phase-in period is designed to establish a fixed but reasonable time for implementing this policy change. This phase-in pe-riod will provide agencies with time to comply with their obligations under the Federal Service Labor-Manage-ment Relations Act, as amended, 5

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41 CFR Ch. 102 (7–1–11 Edition) § 102–74.335

U.S.C. Ch. 71, Labor-Management Rela-tions, in those circumstances where there is an exclusive union representa-tive for the employees.

[73 FR 77518, Dec. 19, 2008]

§ 102–74.335 Who is responsible for fur-nishing and installing signs con-cerning smoking restrictions in the building, and in and around build-ing entrance doorways and air in-take ducts?

Federal agency building managers are responsible for furnishing and in-stalling suitable, uniform signs in the building, and in and around building entrance doorways and air intake ducts, reading ‘‘No Smoking,’’ ‘‘No Smoking Except in Designated Areas,’’ ‘‘No Smoking Within 25 Feet of Door-way,’’ or ‘‘No Smoking Within 25 Feet of Air Duct,’’ as applicable.

[73 FR 77518, Dec. 19, 2008]

§ 102–74.340 Who is responsible for monitoring and controlling areas designated for smoking by an agen-cy head and for identifying those areas with proper signage?

Agency heads are responsible for monitoring and controlling areas des-ignated by them under § 102–74.320(d) for smoking and identifying these areas with proper signage. Suitable, uniform signs reading ‘‘Designated Smoking Area’’ must be furnished and installed by the occupant agency.

[73 FR 77518, Dec. 19, 2008]

§ 102–74.345 Does the smoking policy in this part apply to the judicial branch?

This smoking policy applies to the judicial branch when it occupies space in buildings controlled by the execu-tive branch. Furthermore, the Federal Chief Judge in a local jurisdiction may be deemed to be comparable to an agency head and may establish excep-tions for Federal jurors and others as provided in § 102–74.320(d).

[73 FR 77518, Dec. 19, 2008]

§ 102–74.350 Are agencies required to meet their obligations under the Federal Service Labor-Management Relations Act where there is an ex-clusive representative for the em-ployees prior to implementing this smoking policy?

Yes. Where there is an exclusive rep-resentative for the employees, Federal agencies must meet their obligations under the Federal Service Labor-Man-agement Relations Act, 5 U.S.C. Ch. 71, Labor-Management Relations, prior to implementing this section. In all other cases, agencies may consult directly with employees.

[73 FR 77518, Dec. 19, 2008]

§ 102–74.351 If a state or local govern-ment has a smoke-free ordinance that is more strict than the smoking policy for Federal facilities, does the state or local law or Federal policy control?

The answer depends on whether the facility is Federally owned or privately owned. If the facility is Federally owned, then Federal preemption prin-ciples apply and the Federal policy controls. If the facility is privately owned, then Federal tenants are sub-ject to the provisions of the state or local ordinance, even in the Federally leased space, if the state or local re-strictions are more stringent than the Federal policy.

[73 FR 77518, Dec. 19, 2008]

ACCIDENT AND FIRE PREVENTION

§ 102–74.355 With what accident and fire prevention standards must Fed-eral facilities comply?

To the maximum extent feasible, Federal agencies must manage facili-ties in accordance with the accident and fire prevention requirements iden-tified in § 102–80.80 of this chapter.

§ 102–74.360 What are the specific acci-dent and fire prevention respon-sibilities of occupant agencies?

Each occupant agency must—

(a) Participate in at least one fire drill per year;

(b) Maintain a neat and orderly facil-ity to minimize the risk of accidental injuries and fires;

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Federal Management Regulation § 102–74.375

(c) Keep all exits, accesses to exits and accesses to emergency equipment clear at all times;

(d) Not bring hazardous, explosive or combustible materials into buildings unless authorized by appropriate agen-cy officials and by GSA and unless pro-tective arrangements determined nec-essary by GSA have been provided;

(e) Use only draperies, curtains or other hanging materials that are made of non-combustible or flame-resistant fabric;

(f) Use only freestanding partitions and space dividers that are limited combustible, and fabric coverings that are flame resistant;

(g) Cooperate with GSA to develop and maintain fire prevention programs that provide the maximum safety for the occupants;

(h) Train employees to use protective equipment and educate employees to take appropriate fire safety pre-cautions in their work;

(i) Keep facilities in the safest condi-tion practicable, and conduct periodic inspections in accordance with Execu-tive Order 12196 and 29 CFR…