[Federal Register Volume 67, Number 215 (Wednesday, November 6, 2002)]
[Rules and Regulations]
[Pages 67742-67760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26841]
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Part III
General Services Administration
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41 CFR Parts 101-37 and 102-33
Management of Government Aircraft; Final Rule
Federal Register / Vol. 67, No. 215 / Wednesday, November 6, 2002 /
Rules and Regulations
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GENERAL SERVICES ADMINISTRATION
[FPMR Amendment G-117]
41 CFR Parts 101-37 and 102-33
RIN 3090-AH63
Management of Government Aircraft
AGENCY: Office of Governmentwide Policy, GSA.
ACTION: Final rule.
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SUMMARY: The General Services Administration (GSA) is revising the
Federal Property Management Regulations (FPMR) by moving coverage on
the management of aircraft into the Federal Management Regulation
(FMR). A cross-reference is added to the FPMR to direct readers to the
coverage in the FMR. The FMR coverage is written in plain language to
provide agencies with updated regulatory material that is easy to read
and understand.
DATES: Effective Date: November 6, 2002.
FOR FURTHER INFORMATION CONTACT: Peter Zuidema, Director, Aircraft
Management Policy Division (MTA), 202-219-1377, or
[email protected]. For information pertaining to status or
publication schedules, contact the Regulatory Secretariat, Room 4035,
GS Building, Washington, DC, 20405, (202) 208-7312. Please cite FPMR
Amendment G-117.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule updates, streamlines, and clarifies FPMR part 101-
37 and moves the part into the Federal Management Regulation (FMR). The
rule is written in a plain language question and answer format. This
style uses an active voice, shorter sentences, and pronouns. Unless
otherwise indicated in the text, the pronouns ``we,'' ``you,'' and
their variants refer to an executive agency. A question and its answer
combine to establish a rule. The employee and the agency must follow
the language contained in both the question and its answer.
As the FPMR part 101-37 was amended a number of times over the
years, its organization became a patchwork of rules on various
subjects. In the new FMR part 102-33, GSA has reorganized and
streamlined the content to address the life-cycle of aircraft
management, from acquisition through disposal, and to accommodate
revised reporting requirements, as follows:
(1) FPMR part 101-37 contained guidance on cost accounting for
Government aircraft. GSA has removed this detailed guidance because the
information is contained in the Government Aircraft Cost Accounting
Guide, published by GSA.
(2) FPMR part 101-37 contained regulations on reporting travel of
senior Federal officials, approving travel on Government aircraft, and
justifying and approving the use of Government aircraft to carry
passengers. Because these regulations are essentially travel-related,
GSA is moving them to 41 CFR chapters 300 and 301 of the Federal Travel
Regulation (FTR). Both the Aircraft Management Policy Advisory Board,
established by GSA in 1997 to assess the status of Federal aviation,
and the Interagency Committee for Aviation Policy (ICAP) have endorsed
this change.
(3) GSA has modified FPMR 101-37.3, Cost Comparisons for Acquiring
and Using Aircraft, to focus on requirements for aircraft fleet
modernization, including planning, budgeting, and contracting. This new
subpart is titled, ``Acquiring Government Aircraft and Aircraft
Parts.''
(4) FPMR part 101-37 contained two separate subparts dealing with
``Accident and Incident Reporting and Investigation'' and a ``Federal
Agency Aviation Safety Program.'' GSA has combined and streamlined
these two subparts and incorporated them in FMR part 102-33, subpart C,
Managing Government Aircraft and Aircraft Parts. This new subpart also
incorporates policy contained in the ``Safety Standards Guidelines for
Federal Flight Programs,'' which the ICAP formally adopted in December
1998 and revised in December 1999. These ICAP Safety Standards
Guidelines lay out the common requirements that executive agencies will
follow to develop their own standards for aviation management/
administration, operations, maintenance, training, and safety. Armed
Forces aircraft follow safety programs established separately.
(5) GSA has clarified and expanded coverage of acquisition,
management, and disposal of aircraft parts (particularly Flight Safety
Critical Aircraft Parts (FSCAP) and life-limited parts) and included
this guidance as appropriate throughout the subparts of the new rule.
(6) Sections 101-37.502 through 101-37.506 of the FPMR described
the information that executive agencies were required to report using
the old Federal Aviation Management Information System (FAMIS). GSA has
closed down FAMIS, which was an outdated computer system, and is
operating a new system, the Federal Aviation Interactive Reporting
System (FAIRS), to collect, analyze, and report information about
Federal aviation programs. The agencies' new responsibilities for
reporting through FAIRS are described in subpart E of FMR part 102-33,
Reporting Information on Government Aircraft. Both the methods of
reporting and some of the information to be reported have changed. The
agencies submitted their data to FAMIS using digital media or paper,
and they had no ability to query the FAMIS database. Now, users submit
their data to FAIRS using the Internet, and agencies may query the
FAIRS database on an ad hoc basis or access a set of predefined
reports. FAMIS generated five major reports; FAIRS eliminates two of
these, the ``Facilities'' and ``Aviation Support Services'' reports.
(7) Two of the ICAP's subcommittees recommended adding a
requirement to report aviation accident and incident data. This new
requirement is contained in subpart E of FMR 102-33. GSA will collect
aviation accident/incident data through an Internet-based system called
the ICAP Aviation Accident and Incident Reporting System (AAIRS).
Collecting accident and incident information allows GSA and the
agencies to generate statistical reports on Federal aviation safety and
gives agencies enhanced opportunity to benchmark their safety programs
and set performance measures.
(8) In subpart C of FMR 102-33, GSA has added a requirement that
the executive agencies disseminate a ``Disclosure Statement for
Crewmembers and Qualified Non-Crewmembers Flying on Board Government
Aircraft.'' The statement describes the rights and benefits of
crewmembers and qualified non-crewmembers who may be killed or injured
while working aboard a Government aircraft operated as a public
aircraft. The Department of Transportation in their report,
``Development of Plans for Responding to Aviation Disasters Involving
Civilians on Government Aircraft'' (March 11, 1999), requested that GSA
require the agencies to give this disclosure statement to persons who
may fly on Government aircraft that are operated as public aircraft.
(Government aircraft flying passengers may not operate as public
aircraft per Public Law 106-181.)
Despite the major changes from FPMR part 101-37 described above,
the overall purpose of the part is unchanged: to provide guidance and
assistance to executive agencies on minimizing costs and improving the
management and use of Government aviation resources (following
direction to the
[[Page 67743]]
Administrator of General Services found in Office of Management and
Budget (OMB) Circular A-126, ``Improving the Management and Use of
Government Aircraft,'' revised May 22, 1992).
B. Executive Order 12866
GSA has determined that this final rule is not a significant rule
for the purposes of Executive Order 12866 of September 30, 1993.
C. Regulatory Flexibility Act
A Regulatory Flexibility Analysis is not required under the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because there is no
requirement that this final rule be published in the Federal Register
for notice and comment.
D. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because this final rule
does not contain any information collection requirements that require
the approval of the OMB under 44 U.S.C. 3501, et seq.
E. Small Business Regulatory Enforcement Fairness Act
This final rule is exempt from Congressional review prescribed
under 5 U.S.C. 801 since it relates solely to agency management and
personnel.
List of Subjects
41 CFR Part 101-37
Accounting, Aircraft, Aviation safety, Government property
management.
41 CFR Part 102-33
Accounting, Aircraft, Aviation safety, Government property
management.
For the reasons set forth in the preamble, GSA amends 41 CFR
chapters 101 and 102 as follows:
CHAPTER 101--[AMENDED]
PART 101-37--GOVERNMENT AVIATION ADMINISTRATION AND COORDINATION
1. Revise the Table of Contents for part 101-37 to read as follows:
Sec.
101-37.000 Cross-reference to the Federal Management Regulation
(FMR) (41 CFR chapter 102, parts 102-1 through 102-220).
Subpart 101-37.1--Definitions
101-37.100 Definitions.
Subparts 101-37.2-101-37.3 [Reserved]
Subpart 101-37.4--Use of Government-Owned and -Operated Aircraft
101-37.400 General.
101-37.401 [Reserved]
101-37.402 Policy.
101-37.403 Reimbursement for the use of Government aircraft.
101-37.404 Approving the use of Government aircraft for
transportation of passengers.
101-37.405 Approving travel on Government aircraft.
101-37.406 Justification of the use of Government aircraft for
transportation of passengers.
101-37.407 Documentation.
101-37.408 Reporting travel by senior Federal officials.
Subparts 101-37.5-101-37.14 [Reserved]
2. Revise the authority citation for part 101-37 to read as
follows:
Authority: 40 U.S.C. 121(c); 486(c); 31 U.S.C. 101 et seq.;
Reorganization Plan No. 2 of 1970, 35 FR 7959, 3 CFR, 1966-1970
Comp., p. 1070; Executive Order 11541, 35 FR 10737, 3 CFR 1966-1970
Comp., p. 939; and OMB Circular No. A-126 (Revised May 22, 1992), 57
FR 22150.
3. Revise Sec. 101-37.000 to read as follows:
Sec. 101-37.000 Cross-reference to the Federal Management Regulation
(FMR) (41 CFR chapter 102, parts 102-1 through 102-220).
(a) For information on Government aviation administration and
coordination, see FMR part 102-33, Management of Government Aircraft,
(41 CFR part 102-33).
(b) For information on travel on Government aircraft, continue to
use the following subparts of the FPMR:
(1) Subpart 101-37.1--Definitions.
(2) Subpart 101-37.4--Use of Government-Owned and -Operated
Aircraft.
Subparts 101-37.2, 101-37.3, 101-37.5, 101-37.6, 101-37.11, 101-
37.12, 101-37.14 [Removed and Reserved]
4. Amend part 101-37 by removing and reserving subparts 101-37.2,
101-37.3, 101-37.5, 101-37.6, 101-37.11, 101-37.12, 101-37.14.
CHAPTER 102--[AMENDED]
5. Part 102-33 is added to subchapter B to read as follows:
PART 102-33--MANAGEMENT OF GOVERNMENT AIRCRAFT
Subpart A--How These Rules Apply
General
Sec.
102-33.5 To whom do these rules apply?
102-33.10 May we request approval to deviate from these rules?
102-33.15 How does this part relate to the Federal Aviation
Regulations?
102-33.20 What definitions apply to this part?
Responsibilities
102-33.25 What are our responsibilities under this part?
102-33.30 What are the duties of an agency's Senior Aviation
Management Official (SAMO)?
102-33.35 How can we get help in carrying out our responsibilities?
102-33.40 What are GSA's responsibilities for Federal aviation
management?
Subpart B--Acquiring Government Aircraft and Aircraft Parts
Overview
102-33.45 What is a Government aircraft?
102-33.50 Under what circumstances may we acquire Government
aircraft?
102-33.55 Are there restrictions on acquiring Government aircraft?
102-33.60 What methods may we use to acquire Government aircraft?
102-33.65 What is the process for acquiring Government aircraft?
Planning to Acquire Government Aircraft
102-33.70 What directives must we follow when planning to acquire
Government aircraft?
102-33.75 What other guidance is available to us in planning to
acquire Government aircraft?
OMB Circular A-76
102-33.80 Must we comply with OMB Circular A-76 before we acquire
Government aircraft?
102-33.85 Where should we send our OMB Circular A-76 Cost-Comparison
Studies?
The Process for Budgeting to Acquire Government Aircraft
102-33.90 What is the process for budgeting to acquire a Federal
aircraft (including a Federal aircraft transferred from another
executive agency)?
102-33.95 What is the process for budgeting to acquire commercial
aviation services (CAS)?
Contracting to Acquire Government Aircraft
102-33.100 What are our responsibilities when contracting to
purchase or lease-purchase a Federal aircraft or to award a CAS
contract?
102-33.105 What special requirements must we put into our CAS
contracts?
Acquiring Aircraft Parts
102-33.110 What are our responsibilities when acquiring aircraft
parts?
102-33.115 Are there special requirements for acquiring military
Flight Safety Critical Aircraft Parts (FSCAP)?
102-33.120 Are there special requirements for acquiring life-limited
parts?
Subpart C--Managing Government Aircraft and Aircraft Parts
Overview
102-33.125 If we use Federal aircraft, what are our management
responsibilities?
102-33.130 If we hire CAS, what are our management responsibilities?
102-33.135 Do we have to follow the direction in OMB Circular A-123,
``Management Accountability and
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Control,'' June 21, 1995, for establishing management controls for
our aviation program?
Establishing Flight Program Standards
102-33.140 What are Flight Program Standards?
102-33.145 Why must we establish Flight Program Standards?
102-33.150 Is any agency exempt from establishing Flight Program
Standards under this part?
102-33.155 How must we establish Flight Program Standards?
Management/Administration
102-33.160 What standards must we establish or require
(contractually, where applicable) for management/administration of
our flight program?
Operations
102-33.165 What standards must we establish or require
(contractually, where applicable) for operation of our flight
program?
Maintenance
102-33.170 What standards must we establish or require
(contractually, where applicable) for maintenance of our Government
aircraft?
Training
102-33.175 What standards must we establish or require
(contractually, where applicable) to train our flight program
personnel?
Safety
102-33.180 What standards must we establish or require
(contractually, where applicable) for flight program safety?
102-33.185 What standards must we establish or require
(contractually, where applicable) for responding to aircraft
accidents and incidents?
Accounting for the Cost of Government Aircraft
102-33.190 What are the aircraft operations and ownership costs for
which we must account?
102-33.195 Do we need an automated system to account for aircraft
costs?
102-33.200 Must we periodically justify owning and operating Federal
aircraft?
102-33.205 When we use our aircraft to support other executive
agencies, must we recover the operating costs?
Accounting for the Use of Government Aircraft
102-33.210 How do we account for the use of our Government aircraft?
102-33.215 May we use Government aircraft to carry passengers?
102-33.220 What are the responsibilities of an agency's aviation
program in justifying the use of a Government aircraft to transport
passengers?
Managing Aircraft Parts
102-33.225 How must we manage aircraft parts?
102-33.230 May we use military FSCAP on non-military FAA-type
certificated Government aircraft?
102-33.235 What documentation must we maintain for life-limited
parts and FSCAP?
Subpart D--Disposing of Government Aircraft and Aircraft Parts
Overview
102-33.240 What must we consider before disposing of aircraft and
aircraft parts?
102-33.245 May we report as excess, or replace (i.e., by exchange/
sale), both operational and non-operational aircraft?
102-33.250 May we report as excess, or replace, declassified
aircraft?
102-33.255 Must we document FSCAP or life-limited parts installed on
aircraft that we will report as excess or replace?
102-33.260 When we report as excess, or replace, an aircraft
(including a declassified aircraft), must we report the change in
inventory to the Federal Aviation Interactive Reporting System
(FAIRS)?
Reporting Excess Government Aircraft
102-33.265 What are our options if aircraft are excess to our needs?
102-33.270 What is the process for reporting an excess aircraft?
Replacing Aircraft Through Exchange or Sale
102-33.275 Are there restrictions on replacing aircraft by exchange
or sale?
102-33.280 What are our options if we need a replacement aircraft?
102-33.285 Do we need to include any special disclaimers in our
exchange/sale agreements for uncertificated aircraft or aircraft
that we have operated as public aircraft (i.e., not in compliance
with the Federal Aviation Regulations, 14 CFR chapter I)?
102-33.290 What other disclaimers must we include in our exchange/
sale agreements for aircraft?
102-33.295 May we exchange or sell an aircraft through reimbursable
transfer to another executive agency?
Disposing of Aircraft Parts
102-33.300 What must we consider before disposing of aircraft parts?
102-33.305 May we report as excess, or replace, FSCAP and life-
limited parts?
102-33.310 May we report as excess, or replace, unsalvageable
aircraft parts?
102-33.315 What are the procedures for mutilating unsalvageable
aircraft parts?
102-33.320 What must we do if we are unable to perform required
mutilation of aircraft parts?
102-33.325 What documentation must we furnish with excess/surplus or
replaced parts when they are transferred, donated, exchanged, or
sold?
Reporting Excess Aircraft Parts
102-33.330 What must we do with aircraft parts that are excess to
our needs?
102-33.335 What are the receiving agency's responsibilities in the
transfer or donation of aircraft parts?
102-33.340 What are GSA's responsibilities in disposing of excess
and surplus aircraft parts?
102-33.345 What are a State agency's responsibilities in the
donation of Federal Government aircraft parts?
Replacing Aircraft Parts Through Exchange or Sale
102-33.350 Do we need approval from GSA to replace aircraft parts by
exchange or sale?
102-33.355 May we do a reimbursable transfer of parts with another
executive agency?
102-33.360 What is the process for selling or exchanging aircraft
parts for replacement?
102-33.365 Must we report exchange or sale of parts to FAIRS?
Special Requirements for Disposing of Flight Safety Critical Aircraft
Parts (FSCAP) and Life-Limited Parts
102-33.370 What must we do to dispose of military FSCAP or life-
limited parts?
102-33.375 What is a FSCAP Criticality Code?
Subpart E--Reporting Information on Government Aircraft
Overview
102-33.380 Who must report information to GSA on Government
aircraft?
102-33.385 Is any civilian executive agency exempt from the
requirement to report information to GSA on Government aircraft?
102-33.390 What information must we report on Government aircraft?
Federal Aviation Interactive Reporting System (FAIRS)
102-33.395 What is FAIRS?
102-33.400 How must we report to FAIRS?
102-33.405 When must we report to FAIRS?
Federal Inventory Data
102-33.410 What are Federal inventory data?
102-33.415 When may we declassify an aircraft and remove it from our
Federal aircraft inventory?
102-33.420 How must we declassify an aircraft?
Federal Aircraft Cost and Utilization Data
102-33.425 What Federal aircraft cost and utilization data must we
report?
102-33.430 Who must report Federal aircraft cost and utilization
data?
Commercial Aviation Services (CAS) Cost and Utilization Data
102-33.435 What CAS cost and utilization data must we report?
102-33.440 Who must report CAS cost and utilization data?
Accident and Incident Data
102-33.445 What accident and incident data must we report?
102-33.450 How must we report accident and incident data?
Common Aviation Management Information Standard (C-AMIS)
102-33.455 What is C-AMIS?
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102-33.460 What is our responsibility in relation to C-AMIS?
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; Executive Order 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--How These Rules Apply
General
Sec. 102-33.5 To whom do these rules apply?
The rules in this part apply to all federally funded aviation
activities of executive agencies of the U.S. Government, except those
listed in paragraphs (a), (b), (c), and (d) of this section, who use
Government aircraft to accomplish their official business.
(a) The Armed Forces are exempt from all but--
(1) Section 102-33.25(e) and (g), which concern responsibilities
related to the Interagency Committee for Aviation Policy (ICAP); and
(2) Subpart D of this part.
(b) The President or Vice President and their offices are exempt.
(c) When an executive agency provides Government-furnished avionics
for commercially owned or privately owned aircraft for the purpose of
technology demonstration or testing, those aircraft are exempt.
(d) Privately owned aircraft that agency personnel use for official
travel (even though such use is federally funded) are exempt.
Sec. 102-33.10 May we request approval to deviate from these rules?
Yes, see Sec. Sec. 102-2.60 through 102-2.110 of subchapter A of
this chapter for guidance on requesting a deviation from the
requirements in this part. GSA may not grant deviations from the
requirements in OMB Circular A-126, ``Improving the Management of
Government Aircraft,'' revised May 22, 1992. You should consult with
GSA's Aircraft Management Policy Division (MTA) before you request a
deviation. Also, you should fax a copy of your letter of request to MTA
at 202-501-6742 at the same time you mail it to GSA's Regulatory
Secretariat (see Sec. 102-2.90 of subchapter A of this chapter). In
most cases, GSA will respond to your written request within 30 days.
Sec. 102-33.15 How does this part relate to the Federal Aviation
Regulations?
This part does not supersede any of the regulations in 14 CFR
chapter I (Federal Aviation Regulations).
Sec. 102-33.20 What definitions apply to this part?
The following definitions apply to this part:
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 (in the case of
reassignment or interagency transfer), received a court order (in the
case of forfeiture), put into operational status an aircraft that is
newly manufactured by the agency, or otherwise accepted physical
transfer (for example, in the case of a borrowed aircraft).
Aircraft Management Policy Division (MTA) is a division in the
Office of Transportation and Personal Property, Office of
Governmentwide Policy, GSA. Contact MTA staff at 1800 F Street, NW.,
Washington, DC 20405, Room 1221; (202) 501-4866; fax (202) 501-6742;
Web site at http://www.gsa.gov/aircraftpolicy.
Aircraft part means an individual component or an assembly of
components that is primarily designated for and used on aircraft.
Armed Forces means the Army, Navy, Air Force, Marine Corps, and
Coast Guard, including their regular and Reserve components and members
serving without component status. For purposes of this part, the
National Guard is also included in the Armed Forces.
Aviation life support equipment (ALSE) means equipment that
protects flight crewmembers and others aboard an aircraft, assisting
their safe escape, survival, and recovery during an accident or other
emergency.
Bailed aircraft means a Federal aircraft that is owned by one
executive agency, but is in the custody of and operated by another
executive agency under an agreement that may or may not include cost-
reimbursement. Bailments are executive agency-to-executive agency
agreements and involve only aircraft, not services.
Borrowed aircraft means an aircraft owned by a non-executive agency
and provided to an executive agency for use without compensation. The
executive agency operates and maintains the aircraft.
Chartered aircraft means an aircraft that an executive agency hires
commercially under a contractual agreement specifying performance and
one-time exclusive use. The commercial source operates and maintains a
charter aircraft. A charter is one form of a full service contract.
Commercial aviation services (CAS) include--
(1) Leasing aircraft for exclusive use or lease-purchasing an
aircraft with the intent of taking title;
(2) Chartering or renting aircraft for exclusive use;
(3) Contracting for full services (i.e., aircraft and related
aviation services for exclusive use) or obtaining full services through
an inter-service support agreement (ISSA); or
(4) Obtaining related aviation services (i.e., services but not
aircraft) by commercial contract or ISSA, except those services
acquired to support a Federal aircraft.
Crewmember means a person assigned to operate or assist in
operating an aircraft during flight time. Crewmembers perform duties
directly related to the operation of the aircraft (e.g., as pilots, co-
pilots, flight engineers, navigators) or duties assisting in operation
of the aircraft (e.g., as flight directors, crew chiefs, electronics
technicians, mechanics). For related terms, see Qualified non-
crewmember and Passenger elsewhere in this section.
Criticality code means a single digit code that DOD assigns to
military Flight Safety Critical Aircraft Parts (FSCAP) (see Sec. 102-
33.370).
Data plate means a fireproof plate that is inscribed with certain
information required by the Federal Aviation Regulations (14 CFR part
45) and secured to an aircraft, aircraft engine, propeller, or
propeller blade. The information must be marked by etching, stamping,
engraving, or other approved method of fireproof marking. The plate
must be attached in such a manner that it is not likely to be defaced
or removed during normal service or lost or destroyed in an accident.
Data plates are required only on certificated aircraft; however,
uncertificated aircraft may also have data plates.
Declassify means to remove a non-operational aircraft from the
Federal aircraft inventory. Agencies may declassify only non-
operational aircraft that they will retain for ground use only.
Agencies must declassify an aircraft following the rules in Sec. Sec.
102-33.415 and 102-33.420.
Disposal date means the date that the disposing executive agency
relinquishes responsibility for an aircraft, for example, when the
agency transfers title in the case of a sale or exchange; returns the
aircraft to the lessor or bailer; declassifies it (for FAIRS,
declassification is considered a ``disposal'' action, even though the
agency retains the property); or relinquishes custody to another agency
[[Page 67746]]
(i.e., in the case of excess (transferred) or surplus (donated or sold)
aircraft).
Donated aircraft means an aircraft disposed of as surplus by GSA
through donation to a non-federal government, a tax-exempt nonprofit
entity, or other eligible recipient, following the rules in part 102-37
of this subchapter. (Some agencies, for example DOD, may have
independent donation authority.)
Exclusive use means a condition under which--
(1) An aircraft is operated for the sole benefit of the U.S.
Government; and
(2) The executive agency using the aircraft has operational control
of the aircraft and the authority to define departure times, origins
and destinations of flights, and payloads, passengers, and cargo.
Executive agency means any executive department or independent
establishment in the executive branch of the United States Government,
including any wholly owned Government corporation. See 40 U.S.C.
472(a).
Federal Acquisition Regulation (48 CFR chapter 1, parts 1 through
53) is a codified regulation of the U.S. Government that provides
uniform policies and procedures for acquisition of personal property
and services by executive agencies.
Federal aircraft means an aircraft that an executive agency owns
(i.e., holds title to) or borrows for any length of time. When an
executive agency loans or bails an aircraft that meets the criteria for
Federal aircraft, that loaned or bailed aircraft is still considered a
Federal aircraft in the owning agency's inventory except when DOD is
the owning agency of a bailed aircraft. In that case, the aircraft is
recorded in the inventory of the bailee.
Federal Aviation Interactive Reporting System (FAIRS). (See
Sec. Sec. 102-33.395 through 102-33.440.)
Federal Aviation Regulation (14 CFR chapter I) is a codified
publication of the U.S. Government that describes uniform policies and
procedures for regulating aviation within the national airspace system.
Federal Supply Service (FSS) is a component of GSA. FSS is
organized by geographical regions. The FSS Property Management Division
in GSA's Region 9, 450 Golden Gate Ave., 9FBP, San Francisco, CA 94102-
3434, (415) 522-3029, has responsibility for disposing of excess and
surplus aircraft.
Federal Travel Regulation (FTR) (41 CFR chapters 300-304) is a
codified publication of the U.S. Government that describes uniform
policies and procedures for managing travel of the executive agencies.
Flight Safety Critical Aircraft Part (FSCAP) means any military
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 shut-down resulting in an unsafe
condition.
Forfeited aircraft means an aircraft acquired by the Government
either by summary process or by order of a court of competent
jurisdiction pursuant to any law of the United States.
Full service contract means a contractual agreement through which
an executive agency acquires an aircraft and related aviation services
(for example, pilot, crew, maintenance, catering) for exclusive use.
Aircraft hired under full service contracts are commercial aviation
services (CAS), not Federal aircraft, regardless of the length of the
contract.
Government aircraft means an aircraft that is operated for the
exclusive use of an executive agency and is a--
(1) Federal aircraft, which an executive agency owns, bails, loans,
or borrows; or
(2) Commercial aircraft hired as commercial aviation services
(CAS), which an executive agency--
(i) Leases or lease-purchases with the intent to take title;
(ii) Charters or rents; or
(iii) Hires as part of a full service contract or an inter-service
support agreement (ISSA).
Government Aircraft Cost Accounting Guide (CAG) means guidance
published by GSA based on the cost elements defined in Attachments A
and B to OMB Circular A-126 and in OMB Circular A-76, FAIRS, and the
U.S. Government Standard General Ledger to account for Government
aircraft costs.
Governmental function means a federally funded activity that an
executive agency performs in compliance with its statutory authorities.
Intelligence agencies mean the following agencies or organizations
within the U.S. intelligence community:
(1) Central Intelligence Agency.
(2) National Security Agency.
(3) Defense Intelligence Agency.
(4) National Reconnaissance Office.
(5) The Bureau of Intelligence and Research of the Department of
State.
(6) Intelligence elements of the Army, Navy, Air Force, Marine
Corps, Department of Justice, Department of the Treasury, and
Department of Energy.
Inter-service support agreement (ISSA) means any agreement between
two or more executive agencies (including the Department of Defense) in
which one agency consents to perform aviation support services (i.e.,
providing an aircraft and other aviation services or providing only
services) for another agency with or without cost-reimbursement. An
executive agency-to-executive agency agreement that involves only the
use of an aircraft, not services, is a bailment, not an ISSA.
Leased aircraft means an aircraft hired under a commercial
contractual agreement in which an executive agency has exclusive use of
the aircraft for an agreed upon period of time. The acquiring executive
agency operates and maintains the aircraft. Leased aircraft are hired
as commercial aviation services (CAS).
Lease-purchase aircraft means a leased aircraft for which the
leasing executive agency holds an option to purchase.
Life-limited part means any aircraft part that has an established
replacement time, inspection interval, or other time-related procedure
associated with it. For non-military parts, FAA specifies life-limited
parts' airworthiness limitations in 14 CFR chapter I, Sec. Sec. 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) for products certified
before airworthiness limitations were added to 14 CFR chapter I.
Letters authorizing Technical Standards Orders (TSO) must also note or
reference mandatory replacement or inspection of parts.
Loaned aircraft means a Federal aircraft owned by an executive
agency, but in the custody of a non-executive agency under an agreement
that does not include compensation.
Military aircraft part means an aircraft part used on an
uncertificated aircraft that was developed for the Armed Forces.
Non-operational aircraft means a Federal aircraft that is not safe
for flight and, in the owning executive agency's determination, cannot
economically be made safe for flight. This definition refers to the
aircraft's flight capability, not its mission-support equipment
capability. An aircraft that is temporarily out of service for
maintenance or repair and can economically be made safe for flight is
considered operational.
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 for or associated with performing Governmental
functions (including travel-related Governmental functions);
[[Page 67747]]
(ii) Carrying passengers authorized to travel on Government
aircraft (see OMB Circular A-126); 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 means a Federal aircraft that is safe for
flight or, in the owning executive agency's determination, can
economically be made safe for flight. This definition refers to the
aircraft's flight capability, not its mission-support capability. An
aircraft temporarily out of service for maintenance or repair is
considered operational.
Original equipment manufacturer means the person or company who
originally designed, engineered, and manufactured, or who currently
holds the data rights to manufacture, a specific aircraft or aircraft
part.
Owned aircraft means an aircraft for which title or rights of title
are vested in an executive agency. Owned aircraft are considered
Federal aircraft.
Passenger means a person flying onboard a Government aircraft who
is officially authorized to travel and who is not a crewmember or
qualified non-crewmember.
Production approval holder means the person or company who holds a
Production Certificate (PC), Approved Production Inspection System
(APIS), Parts Manufacturer Approval (PMA), or Technical Standards Order
(TSO) authorization, issued under provisions of 14 CFR part 21,
Certification Procedures for Products and Parts, and who controls the
design and quality of a specific aircraft part.
Qualified non-crewmember means a person flying onboard a Government
aircraft whose skills or expertise are required to perform or are
associated with performing the Governmental function for which the
aircraft is being operated (qualified non-crewmembers may be
researchers, law enforcement agents, fire fighters, agricultural
engineers, biologists, etc.). Qualified non-crewmembers are not
passengers.
Registration mark means the unique identification mark that is
assigned by the Federal Aviation Administration and displayed on
Government aircraft (including foreign aircraft hired as CAS). Tail
number is commonly used for registration mark.
Related aviation services contract means a commercial contractual
agreement through which an executive agency hires aviation services
only (not aircraft), e.g., pilot, crew, maintenance, cleaning,
dispatching, or catering.
Rental aircraft means an aircraft hired commercially under an
agreement in which the executive agency has exclusive use of the
aircraft for an agreed upon period of time. The executive agency
operates, but does not maintain, a rental aircraft.
Required use means use of a Government aircraft for the travel of
an executive agency officer or employee to meet bona fide
communications or security needs of the agency or to meet exceptional
scheduling requirements. Required use travel must be approved as
described in OMB Circular A-126.
Risk analysis and management means a systematic process for--
(1) Identifying risks associated with alternative courses of action
involved in an aviation operation; and
(2) Choosing from among these alternatives the course(s) of action
that will promote optimum aviation safety.
Safe for flight means approved for flight and refers to an
aircraft, aircraft engine, propeller, appliance, or part that has been
inspected and certified to meet the requirements of applicable
regulations, specifications, or standards. When applied to an aircraft
that an executive agency operates under the Federal Aviation
Regulations (14 CFR chapter I), safe for flight means ``airworthy,''
i.e., the aircraft or related parts meet their type designs and are in
a condition, relative to wear and deterioration, for safe operation.
When applied to an aircraft that an executive agency uses, but does not
operate or require to be operated under the Federal Aviation
Regulations, safe for flight means a state of compliance with military
specifications or the executive agency's own Flight Program Standards,
and as approved, inspected, and certified by the agency.
Senior Aviation Management Official means the person in an
executive agency who will be the agency's primary member of the
Interagency Committee for Aviation Policy (ICAP). This person must be
of appropriate grade and position to represent the agency and promote
flight safety and adherence to 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 means a non-military aircraft part,
component, or material that any person suspects of not meeting the
requirements of an ``approved part.'' Approved parts are those that are
produced in compliance with the Federal Aviation Regulations (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. See detailed guidance in FAA Advisory
Circular 21-29, ``Detecting and Reporting Suspected Unapproved Parts,''
available from FAA at http://www.faa.gov.
Tail number (See registration mark).
Traceable part means an aircraft part whose original equipment
manufacturer or production approval holder can be identified by
documentation, markings/characteristics on the part, or packaging of
the part. Non-military parts are traceable if you can establish that
the parts were manufactured under rules in 14 CFR part 21 or were
previously determined to be airworthy under rules in 14 CFR part 43.
Possible sources for making a traceability determination could be
shipping tickets, bar codes, invoices, parts marking (e.g., PMA, TSO),
data plates, serial/part numbers, manufacturing production numbers,
maintenance records, work orders, etc.
Training means instruction for flight program personnel to enable
them to qualify initially for their positions and to maintain
qualification for their positions over time.
Travel Management Policy Division (MTT) means GSA's Office of
Transportation and Personal Property, Office of Governmentwide Policy.
MTT is responsible for publishing the Federal Travel Regulation (41 CFR
chapters 300 through 304), which contains policy for management of
travel of U.S. Government personnel and certain others. Contact the MTT
staff at 1800 F Street, NW., Washington, DC 20405, Room G-219; (202)
501-1538; see their Web site at http://www.gsa.gov/travelpolicy.
Unsalvageable aircraft part means an aircraft part that cannot be
restored to a condition that is safe for flight because of its age, its
physical condition, a non-repairable defect, insufficient
documentation, or its non-conformance with applicable standards/
specifications.
[[Page 67748]]
Responsibilities
Sec. 102-33.25 What are our responsibilities under this part?
Under this part, your responsibilities are to--
(a) Acquire, manage, and dispose of Government aircraft (i.e.,
Federal aircraft and commercial aviation services (CAS); see Sec. 102-
33.45) as safely, efficiently, and effectively as possible consistent
with the nature of your agency's aviation missions;
(b) Document and report the--
(1) Types and numbers of your Federal aircraft;
(2) Costs of acquiring and operating Government aircraft;
(3) Amount of time that your agency uses Government aircraft; and
(4) Accidents and incidents involving Government aircraft;
(c) Ensure that your Government aircraft are used only to
accomplish your agency's official Government business;
(d) Ensure that all passengers traveling on your agency's
Government aircraft are authorized to travel on such aircraft (see OMB
Circular A-126);
(e) Appoint (by letter to the Associate Administrator, Office of
Governmentwide Policy, GSA) a Senior Aviation Management Official
(SAMO), who will be your agency's primary member of the Interagency
Committee for Aviation Policy (ICAP) (this paragraph (e) applies to all
executive agencies that use aircraft, including the Department of
Defense (DOD), the Federal Aviation Administration (FAA), and the
National Transportation Safety Board (NTSB);
(f) Designate an official (by letter to the Associate
Administrator, Office of Governmentwide Policy, GSA) to certify the
accuracy and completeness of information reported by your agency
through the Federal Aviation Interactive Reporting System (FAIRS) (this
official may be the SAMO or may be another individual who has the
appropriate authority). (Armed Forces agencies, which include DOD 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; and
(h) Ensure that your agency's internal policies and procedures are
consistent with the requirements of OMB Circulars A-126 and A-76 and
this part.
Sec. 102-33.30 What are the duties of an agency's Senior Aviation
Management Official (SAMO)?
The SAMO's duties are to--
(a) Represent the agency's views to the ICAP and vote on behalf of
the agency as needed; contribute technical and operational policy
expertise to ICAP deliberations and activities; and serve as the
designated approving official for FAIRS when the agency elects to have
one person serve as both the SAMO and the designated official for FAIRS
(DOD will not have a designated official for FAIRS); and
(b) Appoint representatives of the agency as members of ICAP
subcommittees and working groups.
Sec. 102-33.35 How can we get help in carrying out our
responsibilities?
To get help in carrying out your responsibilities under this part,
you may--
(a) Call or write to GSA's Aircraft Management Policy Division
(MTA) (see Sec. 102-33.20); or
(b) Find more information on the Internet from the following Web
sites:
(1) http://www.gsa.gov/aircraftpolicy (GSA Aircraft Management
Policy Division).
(2) http://www.gsa.gov/travelpolicy (GSA Travel Management Policy
Division).
Sec. 102-33.40 What are GSA's responsibilities for Federal aviation
management?
Under OMB Circular A-126, ``Improving the Management and Use of
Government Aircraft,'' revised May 22, 1992 (available from http://www.whitehouse.gov/omb), GSA's chief responsibilities for Federal
aviation management are to maintain--
(a) A single office (i.e., MTA) for developing policy for improving
the management of Federal aviation, including acquisition, operation,
safety, and disposal of Government aircraft, and publishing that
policy;
(b) An interagency committee (i.e., the ICAP), whose members
represent the executive agencies that use Government aircraft to
conduct their official business (including FAA and NTSB specifically)
and advise GSA on developing policy for managing Government aircraft;
and
(c) A management information system to collect, analyze, and report
information on the inventory, cost, usage, and safety of Government
aircraft.
Note to Sec. 102-33.40: See OMB Circular A-126 for a complete
listing of GSA's responsibilities related to Federal aviation.
Subpart B--Acquiring Government Aircraft and Aircraft Parts
Overview
Sec. 102-33.45 What is a Government aircraft?
A Government aircraft is one that is operated for the exclusive use
of an executive agency and is a--
(a) Federal aircraft, which an executive agency owns, bails, loans,
or borrows; or
(b) Commercial aircraft hired as commercial aviation services
(CAS), which an executive agency--
(1) Leases or lease-purchases with the intent to take title;
(2) Charters or rents; or
(3) Hires as part of a full service contract or an inter-service
support agreement (ISSA).
Sec. 102-33.50 Under what circumstances may we acquire Government
aircraft?
Your agency may acquire Government aircraft when you meet the
requirements for operating an in-house aviation program contained in
OMB Circular A-76, ``Performance of Commercial Activities,'' August 4,
1983 (available from http://www.whitehouse.gov/omb), and when--
(a) For Federal aircraft--
(1) Aircraft are the optimum means of supporting your agency's
official business;
(2) You do not have aircraft that can support your agency's
official business safely (i.e., in compliance with applicable safety
standards and regulations) and cost-effectively;
(3) No commercial or other Governmental source is available to
provide aviation services safely (i.e., in compliance with applicable
safety standards and regulations) and cost-effectively; and
(4) Congress has specifically authorized your agency to purchase,
lease, or transfer aircraft and to maintain and operate those aircraft
(see 31 U.S.C. 1343).
(b) For commercial aviation services (CAS)--
(1) Aircraft are the optimum means of supporting your agency's
official business; and
(2) Using commercial aircraft and services is safe (i.e., conforms
to applicable laws, safety standards, and regulations) and is more cost
effective than using Federal aircraft, aircraft from any other
Governmental source, or scheduled air carriers.
Sec. 102-33.55 Are there restrictions on acquiring Government
aircraft?
Yes, you may not acquire--
(a) More aircraft than you need to carry out your official
business;
[[Page 67749]]
(b) Aircraft of greater size or capacity than you need to perform
your Governmental functions cost-effectively; or
(c) Federal aircraft that Congress has not authorized your agency
to acquire or Federal aircraft or commercial aircraft and services for
which you have not followed the requirements in OMB Circular A-76.
Sec. 102-33.60 What methods may we use to acquire Government
aircraft?
Following the requirements of Sec. Sec. 102-33.50 and 102-33.55,
you (or an internal bureau or sub-agency within your agency) may
acquire Government aircraft by means including, but not limited to--
(a) Purchase;
(b) Borrowing from a non-federal source;
(c) Bailment from another executive agency;
(d) Exchange/sale (but only with approval from GSA; see Sec. 102-
33.275);
(e) Reimbursable transfer from another executive agency (see
Sec. Sec. 102-36.75 through 102-36.85 of this subchapter B);
(f) Transfer from another executive agency as approved by GSA;
(g) Reassignment from one internal bureau or subagency to another
within your agency;
(h) Forfeiture (you must have specific authority to seize
aircraft);
(i) Insurance replacement (i.e., receiving a replacement aircraft);
(j) Lease or lease-purchase;
(k) Rent or charter;
(l) Contract for full services (i.e., aircraft plus crew and
related aviation services) from a commercial source; or
(m) Inter-service support agreements with other executive agencies
for aircraft and services.
Sec. 102-33.65 What is the process for acquiring Government aircraft?
Acquiring aircraft generally follows a three-step process;
planning, budgeting, and contracting, as described in Sec. Sec. 102-
33.70 through 102-33.105.
Planning To Acquire Government Aircraft
Sec. 102-33.70 What directives must we follow when planning to
acquire Government aircraft?
When planning to acquire aircraft, you must follow the requirements
in--
(a) 31 U.S. Code Section 1343, ``Buying and Leasing Passenger Motor
Vehicles and Aircraft'';
(b) OMB Circular A-126, ``Improving the Management and Use of
Government Aircraft,'' revised May 22, 1992;
(c) OMB Circular A-11, Part 7, ``Planning, Budgeting, Acquisition,
and Management of Capital Assets,'' revised June 2002;
(d) OMB Circular A-76, ``Performance of Commercial Activities,''
revised June 14, 1999; and
(e) OMB Circular A-94, ``Guidelines and Discount Rates for Benefit-
Cost Analysis of Federal Programs,'' revised January 22, 2002.
Note to Sec. 102-33.70: OMB Circulars are available from http://www.whitehouse.gov/omb.
Sec. 102-33.75 What other guidance is available to us in planning to
acquire Government aircraft?
You can find guidance for acquisition planning in the ``ICAP Fleet
Modernization Planning Guide,'' which is available from GSA, Aircraft
Management Policy Division (MTA), 1800 F Street, NW., Washington, DC
20405, and in OMB's ``Capital Programming Guide,'' which is a
supplement to OMB Circular A-11.
OMB Circular A-76
Sec. 102-33.80 Must we comply with OMB Circular A-76 before we
acquire Government aircraft?
Yes, before you acquire Government aircraft, you must comply with
OMB Circular A-76 to assure that the private sector cannot provide
Government aircraft or related aviation services more cost-effectively
than you can provide Federal aircraft and related services (see
particularly the Circular's Revised Supplemental Handbook's Appendix 6,
Aviation Competitions).
Sec. 102-33.85 Where should we send our OMB Circular A-76 Cost-
Comparison Studies?
You should forward copies of the completed A-76 Cost-Comparison
studies to OMB upon request or as required by OMB Circular A-11 to
justify aircraft purchases and to GSA, Aircraft Management Policy
Division (MTA), 1800 F Street, NW., Washington, DC 20405, upon
completion of a study.
The Process for Budgeting To Acquire Government Aircraft
Sec. 102-33.90 What is the process for budgeting to acquire a Federal
aircraft (including a Federal aircraft transferred from another
executive agency)?
(a) The process for budgeting to acquire a Federal aircraft or to
accept a Federal aircraft transferred from another executive agency
requires that you have specific authority from Congress in your
appropriation, as called for in 31 U.S.C. 1343, to--
(1) Purchase, lease-purchase, or lease a Federal aircraft and to
operate and maintain it; or
(2) Accept a Federal aircraft transferred from another executive
agency and to operate and maintain it.
(b) For complete information on budgeting to own Government
aircraft (i.e., large purchase of a capital asset), see OMB Circular A-
11, Part 7, and the ``Capital Programming Guide,'' Supplement to Part
7, Appendix 7.
Sec. 102-33.95 What is the process for budgeting to acquire
commercial aviation services (CAS)?
Except for leases and lease-purchases, for which you must have
specific Congressional authorization as required under 31 U.S.C. 1343,
you may budget to fund your commercial aviation services (CAS) hires
out of your agency's operating budget.
Contracting To Acquire Government Aircraft
Sec. 102-33.100 What are our responsibilities when contracting to
purchase or lease-purchase a Federal aircraft or to award a CAS
contract?
In contracting to purchase or lease-purchase a Federal aircraft or
to award a CAS contract, you must follow the Federal Acquisition
Regulation (48 CFR chapter 1) unless your agency is exempt from
following the Federal Acquisition Regulation.
Sec. 102-33.105 What special requirements must we put into our CAS
contracts?
At a minimum, your contracts and agreements must require that any
provider of CAS comply with--
(a) Civil standards in the Federal Aviation Regulations (14 CFR
chapter I) 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 (see Sec. Sec. 102-
33.140 through 102-33.185 for the requirements for Flight Program
Standards).
Acquiring Aircraft Parts
Sec. 102-33.110 What are our responsibilities when acquiring aircraft
parts?
When acquiring aircraft parts, you must do the following:
(a) Acquire the parts cost-effectively and acquire only what you
need.
(b) Inspect and test (as appropriate) all incoming parts and ensure
that they are documented as safe for flight before installing them.
(c) Obtain all logbooks and maintenance records (for guidance on
maintaining records for non-military parts, see FAA Advisory Circular
43-9C, ``Maintenance Records,'' which is
[[Page 67750]]
available from the Federal Aviation Administration (FAA)) at http://www.faa.gov.
(d) Plan for adequate storage and protection.
(e) Report all Suspected Unapproved Parts (SUP) to the FAA, SUP
Program Office, AVR-20, 45005 Aviation Drive, Suite 214, Dulles, VA
20166-7541, by telephone at 703-661-0580, or by calling the FAA
Aviation Safety Hotline at 800-255-1111.
Sec. 102-33.115 Are there special requirements for acquiring military
Flight Safety Critical Aircraft Parts (FSCAP)?
Yes, when you acquire military Flight Safety Critical Aircraft
Parts (FSCAP), you must--
(a) Accept a FSCAP only when it is documented or traceable to its
original equipment manufacturer (a FSCAP's DOD FSCAP Criticality Code
should be marked or tagged on the part or appear on its invoice/
transfer document; see Sec. 102-33.375 for further explanation of the
FSCAP Criticality Codes); and
(b) Not install undocumented, but traceable FSCAP until you have
the parts inspected and recertified by the original equipment
manufacturer or FAA-approved production approval holder (see Sec. 102-
33.370 on FSCAP).
Sec. 102-33.120 Are there special requirements for acquiring life-
limited parts?
Yes, when you acquire new or used life-limited parts, you must--
(a) Identify and inspect the parts, ensuring that they have civil
or military-certified documentation (i.e., complete life histories);
and
(b) Mutilate and dispose of any expired life-limited parts (see
Sec. 102-33.370 on handling life-limited parts).
Subpart C--Managing Government Aircraft and Aircraft Parts
Overview
Sec. 102-33.125 If we use Federal aircraft, what are our management
responsibilities?
If you use Federal aircraft, you are responsible for--
(a) Establishing agency-specific Flight Program Standards, as
defined in Sec. Sec. 102-33.140 through 102-33.185;
(b) Accounting for the cost of acquiring, operating, and supporting
your aircraft;
(c) Accounting for use of your aircraft;
(d) Maintaining and accounting for aircraft parts;
(e) Reporting inventory, cost, and utilization data (for reporting
requirements, see subpart E of this part); and
(f) Properly disposing of aircraft and parts following this part
and FMR subchapter B (41 CFR chapter 102, subchapter B).
Sec. 102-33.130 If we hire CAS, what are our management
responsibilities?
If you hire CAS, you are responsible for--
(a) Establishing agency-specific Flight Program Standards, as
defined in Sec. Sec. 102-33.140 through 102-33.185, as applicable, and
requiring compliance with these standards in your contracts and
agreements;
(b) Accounting for the cost of your aircraft and services hired as
CAS;
(c) Accounting for use of your aircraft hired as CAS; and
(d) Reporting the cost and usage data for your CAS hires (for
reporting requirements, see subpart E of this part).
Sec. 102-33.135 Do we have to follow the direction in OMB Circular A-
123, ``Management Accountability and Control,'' June 21, 1995, for
establishing management controls for our aviation program?
Yes, you must follow the direction in OMB Circular A-123,
``Management Accountability and Control,'' June 21, 1995, for
establishing management controls for your aviation program. (See Note
to Sec. 102-33.70.) The circular requires that you establish
organizations, policies, and procedures to ensure that, among other
things, your aviation program achieves its intended results and you use
your resources consistently with your agency's missions.
Establishing Flight Program Standards
Sec. 102-33.140 What are Flight Program Standards?
Flight Program Standards are standards specific to your agency's
aviation operations, including your commercial aviation services (CAS)
contracts. Your Flight Program Standards must meet the requirements in
Sec. Sec. 102-33.155 through 102-33.185, and they must meet or exceed
applicable civil or military rules. When civil or military rules do not
apply, you must use risk management techniques to develop Flight
Program Standards specifically for your program. In your standards, you
must address all aspects of your program, e.g., uncertificated
aircraft, high-risk operations, special personnel requirements, that
may not be addressed under the rules for civil aircraft in the Federal
Aviation Regulations (14 CFR chapter I). The requirements for Flight
Program Standards in Sec. Sec. 102-33.155 through 102-33.185
incorporate and adapt the ICAP's ``Safety Standards Guidelines for
Federal Flight Programs,'' revised December 22, 1999, and available
from GSA, Aircraft Management Policy Division (MTA), 1800 F Street,
NW., Washington, DC 20405.
Sec. 102-33.145 Why must we establish Flight Program Standards?
You must establish Flight Program Standards to ensure that aircraft
your agency uses are operated safely, effectively, and efficiently.
Sec. 102-33.150 Is any agency exempt from establishing Flight Program
Standards under this part?
Yes, in addition to the Armed Forces and intelligence agencies,
entities outside the executive branch of the Federal Government are
exempt from establishing Flight Program Standards 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--
(a) Uses the aircraft to conduct official Government business; or
(b) Is required to follow Sec. Sec. 102-33.140 through 102-33.185
under a Memorandum of Agreement governing the loan.
Sec. 102-33.155 How must we establish Flight Program Standards?
To establish Flight Program Standards, you must write, publish (as
appropriate), implement, and comply with detailed, agency-specific
standards, which establish or require (contractually, where applicable)
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; and
(e) Safety of your flight program.
Management/Administration
Sec. 102-33.160 What standards must we establish or require
(contractually, where applicable) for management/administration of our
flight program?
For management/administration of your flight program, you must
establish or require (contractually, where applicable) the following:
(a) A management structure responsible for the administration,
operation, safety, training, maintenance, and financial needs of your
aviation operation (including establishing minimum requirements for
these items for any commercial contracts).
(b) Guidance describing the roles, responsibilities, and
authorities of your flight program personnel, e.g., managers, pilots
and other crewmembers, flight
[[Page 67751]]
safety personnel, maintenance personnel, and dispatchers.
(c) Procedures to record and track flight time, duty time, and
training of crewmembers.
(d) Procedures to record and track duty time and training of
maintenance personnel.
Operations
Sec. 102-33.165 What standards must we establish or require
(contractually, where applicable) for operation of our flight program?
For operation of your flight program, you must establish or require
(contractually, where applicable) the following:
(a) Basic qualifications and currency requirements for your pilots
and other crewmembers, maintenance personnel, and other mission-related
personnel.
(b) Limitations on duty time and flight time for pilots and other
crewmembers.
(c) Compliance with owning-agency or military safety of flight
notices and operational bulletins.
(d) Flight-following procedures to notify management and initiate
search and rescue operations for lost or downed aircraft.
(e) Dissemination, as your agency determines appropriate, of a
disclosure statement to all crewmembers and qualified non-crewmembers
who fly aboard your agency's Government aircraft, as follows:
Disclosure Statement for Crewmembers and Qualified Non-Crewmembers
Flying on Board Government Aircraft Operated as Public Aircraft
Generally, an aircraft used exclusively for the U.S. Government
may be considered a ``public aircraft'' as defined in Public Law
106-181, provided it is not a Government-owned aircraft transporting
passengers or operating for commercial purposes. A public aircraft
is not subject to many Federal Aviation Regulations, including
requirements relating to aircraft certification, maintenance, and
pilot certification. If an agency transports passengers on a
Government-owned aircraft or uses that aircraft for commercial
purposes, the agency must comply with all Federal Aviation
Regulations applicable to civil aircraft. If you have any questions
concerning whether a particular flight will be a public aircraft
operation or a civil aircraft operation, you should contact the
agency sponsor of that flight.
You have certain rights and benefits in the unlikely event you
are injured or killed while working aboard a Government-owned or
operated aircraft. Federal employees and some private citizens are
eligible for workers' compensation benefits under the Federal
Employees' Compensation Act (FECA). When FECA applies, it is the
sole remedy. For more information about FECA and its coverage,
consult with your agency's benefits office or contact the Branch of
Technical Assistance at the Department of Labor's Office of Workers'
Compensation Programs at (202) 693-0044.
State or foreign laws may provide for product liability or
``third party'' causes of actions for personal injury or wrongful
death. If you have questions about a particular case or believe you
have a claim, you should consult with an attorney.
Some insurance policies may exclude coverage for injuries or
death sustained while working or traveling aboard a Government or
military aircraft or while within a combat area. You may wish to
check your policy or consult with your insurance provider before
your flight. The insurance available to Federal employees through
the Federal Employees Group Life Insurance Program does not contain
an exclusion of this type.
If you are the victim of an air disaster resulting from criminal
activity, Victim and Witness Specialists from the Federal Bureau of
Investigation (FBI) and/or the local U.S. Attorney's Office will
keep you or your family informed about the status of the criminal
investigation(s) and provide you or your family with information
about rights and services, such as crisis intervention, counseling
and emotional support. State crime victim compensation may be able
to cover crime-related expenses, such as medical costs, mental
health counseling, funeral and burial costs, and lost wages or loss
of support. The Office for Victims of Crime (an agency of the
Department of Justice) and the U.S. Attorneys Office are authorized
by the Antiterrorism Act of 1996 to provide emergency financial
assistance to State programs for the benefit of victims of terrorist
acts or mass violence.
If you are a Federal employee. If you are injured or killed on
the job during the performance of duty, including while traveling or
working aboard a Government aircraft or other Government-owned or
operated conveyance for official Government business purposes, you
and your family are eligible to collect workers' compensation
benefits under FECA. You and your family may not file a personal
injury or wrongful death suit against the United States or its
employees. However, you may have cause of action against potentially
liable third parties.
You or your qualifying family member must normally also choose
between FECA disability or death benefits, and those payable under
your retirement system (either the Civil Service Retirement System
or the Federal Employees Retirement System). You may choose the
benefit that is more favorable to you.
If you are a private citizen not employed by the Federal
government. Even if the Federal government does not regularly employ
you, if you are rendering personal service to the Federal government
on a voluntary basis or for nominal pay, you may be defined as a
Federal employee for purposes of FECA. If that is the case, you and
your family are eligible to receive workers' compensation benefits
under FECA, but may not collect in a personal injury or wrongful
death lawsuit against the United States or its employees. You and
your family may file suit against potentially liable third parties.
Before you board a Government aircraft, you may wish to consult with
the department or agency sponsoring the flight to clarify whether
you are considered a Federal employee.
If the agency determines that you are not a ``Federal
employee,'' you and your family will not be eligible to receive
workers' compensation benefits under FECA. If you are onboard the
aircraft for purposes of official Government business, you may be
eligible for workman's compensation benefits under state law. If an
accident occurs within the United States, or its territories, its
airspace, or over the high seas, you and your family may claim
against the United States under the Federal Tort Claims Act or Suits
in Admiralty Act. If you are killed aboard a military aircraft, your
family may be eligible to receive compensation under the Military
Claims Act, or if you are an inhabitant of a foreign country, under
the Foreign Claims Act.
Note: This disclosure statement is not all-inclusive. You should
contact your agency's personnel office, or if you are a private
citizen, your agency sponsor or point-of-contact for further
assistance.
(f) At the origin of each flight, creation of a manifest containing
the full names of all persons on board for each leg of flight, a point
of contact for each person, and phone numbers for the points of
contact.
(g) Documentation of any changes in the manifest by leg, and
retention of manifests for two years from the time of flight.
(h) Procedures for reconciling flight manifests with persons
actually on board and a method to test those procedures periodically.
(i) At the origin of each flight, preparation of a complete weight
and balance computation and a cargo-loading manifest, and retention of
this computation and manifest for 30 days from the time of flight.
(j) Appropriate emergency procedures and equipment for specific
missions.
(k) Procedures to ensure that required Aviation Life Support
Equipment (ALSE) is inspected and serviceable.
Maintenance
Sec. 102-33.170 What standards must we establish or require
(contractually, where applicable) for maintenance of our Government
aircraft?
For maintenance of your Government aircraft, you must establish or
require (contractually, where applicable) the following:
(a) 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 (i.e., following the Federal Aviation
Regulations);
[[Page 67752]]
(4) FAA-accepted programs (i.e., those following ICAP guides that
have been accepted by the FAA); or
(5) Your agency's self-prescribed programs.
(b) Compliance with owning-agency or military safety of flight
notices, FAA airworthiness directives, or mandatory manufacturers'
bulletins applicable to the types of aircraft, engines, propellers, and
appliances you operate.
(c) Procedures for operating aircraft with inoperable equipment.
(d) Technical support, including appropriate engineering
documentation and testing, for aircraft, powerplant, propeller, or
appliance repairs, modifications, or equipment installations.
(e) A quality control system for acquiring replacement parts,
ensuring that the parts you acquire have the documentation needed to
determine that they are safe for flight and are inspected and tested,
as applicable.
(f) Procedures for recording and tracking maintenance actions;
inspections; and the flight hours, cycles, and calendar times of life-
limited parts and FSCAP.
Training
Sec. 102-33.175 What standards must we establish or require
(contractually, where applicable) to train our flight program
personnel?
You must establish or require (contractually, where applicable) an
instructional program to train your flight program personnel, initially
and on a recurrent basis, in their responsibilities and in the
operational skills relevant to the types of operations that you
conduct. See Sec. 102-33.180(a) for specific requirements for safety
manager training.
Safety
Sec. 102-33.180 What standards must we establish or require
(contractually, where applicable) for flight program safety?
For flight program safety, you must establish or require
(contractually, where applicable) the following:
(a) The appointment of qualified aviation safety managers (i.e.,
those individuals who are responsible for an agency's aviation safety
program, regardless of title), who must be--
(1) Experienced as pilots or crewmembers or in aviation operations
management/flight program management; and
(2) Graduated from an aviation safety officer course provided by a
recognized training provider and authority in aviation safety before
appointment or within one year after appointment.
(b) Risk analysis and risk management to identify and mitigate
hazards and provide procedures for managing risk to an optimum level.
(c) Use of independent oversight and assessments (i.e., unbiased
inspections) to verify compliance with the standards called for in this
part.
(d) Procedures for reporting unsafe operations to senior aviation
safety managers.
(e) A system to collect and report information on aircraft
accidents and incidents (as required by 49 CFR part 830 and Sec. Sec.
102-33.445 and 102-33.450).
(f) A program for preventing accidents, which includes--
(1) Measurable accident prevention procedures (e.g., pilot
proficiency evaluations, fire drills, hazard analyses);
(2) A system for disseminating accident-prevention information;
(3) Safety training;
(4) An aviation safety awards program; and
(5) For Federal aircraft-owning agencies, a safety council.
Sec. 102-33.185 What standards must we establish or require
(contractually, where applicable) for responding to aircraft accidents
and incidents?
For responding to aircraft accidents and incidents, you must
establish or require (contractually, where applicable) the following:
(a) An aircraft accident/incident reporting capability to ensure
that you will comply with the NTSB's regulations (in 49 CFR parts 830
and 831), including notifying NTSB immediately when you have an
aircraft accident or an incident as defined in 49 CFR 830.5.
(b) An accident/incident response plan, modeled on the NTSB's
``Federal Plan for Aviation Accidents Involving Aircraft Operated by or
Chartered by Federal Agencies,'' and periodic disaster response
exercises to test your plan. You can see a copy of the NTSB's plan on
the Web at http://www.ntsb.gov/publictn/1999/SPC9904.pdf or htm.
(c) Procedures (see 49 CFR 831.11) for participating as a party in
NTSB's investigations of accidents or incidents involving aircraft that
your agency owns or hires and for conducting parallel investigations,
as appropriate.
(d) Training in investigating accidents/incidents for your agency's
personnel who may be asked to participate in NTSB investigations.
(e) Procedures for disseminating, in the event of an aviation
disaster that involves one of your Government aircraft, information
about eligibility for benefits that is contained in the disclosure
statement in Sec. 102-33.165(e) to anyone injured, to injured or
deceased persons' points of contact (listed on the manifest), and to
the families of injured or deceased crewmembers and qualified non-
crewmembers.
Note to Sec. 102-33.185: This part does not supersede any of
the regulations in 49 CFR part 830 or part 831. For definitions of
terms and complete regulatory guidance on notifying NTSB and
reporting aircraft accidents and incidents, see 49 CFR parts 830 and
831.
Accounting for the Cost of Government Aircraft
Sec. 102-33.190 What are the aircraft operations and ownership costs
for which we must account?
You must account for the operations and ownership costs of your
Government aircraft as described in the ``Government Aircraft Cost
Accounting Guide'' (CAG), which follows OMB Circular A-126 and is
available from GSA, Aircraft Management Policy Division (MTA), 1800 F
Street, NW., Washington, DC 20405.
Sec. 102-33.195 Do we need an automated system to account for
aircraft costs?
If you own Federal aircraft or operate bailed Federal aircraft, you
must maintain an automated system to account for aircraft costs by
collecting the cost data elements required by the Federal Aviation
Interactive Reporting System (FAIRS). The functional specifications and
data definitions for a FAIRS-compliant system are described in the
``Common Aviation Management Information Standard'' (C-AMIS), which is
available from GSA, Aircraft Management Policy Division (MTA), 1800 F
Street, NW., Washington, DC 20405. See Sec. Sec. 102-33.395 and 102-
33.460 for more information on FAIRS and C-AMIS. Agencies who use only
CAS aircraft and do not have Federal aircraft must keep records
adequate for reporting information through FAIRS, but are not required
to have an automated system (see Sec. Sec. 102-33.435 and 102-33.440
for the information on CAS that you must report through FAIRS).
Sec. 102-33.200 Must we periodically justify owning and operating
Federal aircraft?
Yes, after you have held a Federal aircraft for five years, you
must justify owning and operating the aircraft by reviewing your
operations and establishing that you have a continuing need for the
aircraft, as required in OMB Circular A-76. You must also establish the
cost-effectiveness of all your aircraft operations following OMB-
approved cost justification methodologies, which
[[Page 67753]]
are described in OMB Circular A-76 every five years.
Sec. 102-33.205 When we use our aircraft to support other executive
agencies, must we recover the operating costs?
(a) Under 31 U.S.C. 1535 and other statutes, you may be required to
recover the costs of operating aircraft in support of other agencies.
Depending on the statutory authorities under which you acquired and
operate your aircraft, you will use either of two methods for
establishing the rates charged for using your aircraft:
(1) The variable cost recovery rate; or
(2) The full cost recovery rate.
(b) See the Government Aircraft CAG, which is available from GSA,
Aircraft Management Policy Division (MTA), 1800 F Street, NW.,
Washington, DC 20405, for definitions of these terms.
Accounting for the Use of Government Aircraft
Sec. 102-33.210 How do we account for the use of our Government
aircraft?
To account for the use of Government aircraft, 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 (e.g., the owner may not be the operator, as
is the case when a CAS aircraft, owned commercially, is operated by
U.S. Government personnel);
(c) Purpose of the flight (i.e., the Governmental function that the
aircraft was dispatched to perform);
(d) Departure and destination points;
(e) Flight date(s) and times;
(f) A manifest (see Sec. Sec. 102-33.165(g) and (h)); and
(g) Name(s) of the pilot(s) and crewmembers.
Sec. 102-33.215 May we use Government aircraft to carry passengers?
Yes, you may use Government aircraft to carry passengers with the
following restrictions:
(a) You may carry passengers only on aircraft that you operate or
require contractually to be operated according to the rules and
requirements in Federal Aviation Regulations (14 CFR chapter I).
(b) For certain kinds of travel, your agency must justify
passengers' presence on Government aircraft (see OMB Circular A-126 and
the Government Aircraft Cost Accounting Guide (CAG) published by GSA
for complete information on authorizing travel and analyzing costs
before authorizing travel on Government aircraft).
Sec. 102-33.220 What are the responsibilities of an agency's aviation
program in justifying the use of a Government aircraft to transport
passengers?
(a) Upon request from an agency's travel approving authority, the
agency's aviation program must provide cost estimates to assist in
determining whether or not use of a Government aircraft to carry
passengers is justified. See OMB Circular A-126 for more information on
justifying travel on Government aircraft. See also the Government
Aircraft Cost Accounting Guide (CAG) published by GSA (defined in Sec.
102-33.20) for guidance on estimating the cost of using a Government
aircraft. The cost of using a Government aircraft is--
(1) The variable cost of using a Federal aircraft;
(2) The amount your agency will be charged by a CAS provider; or
(3) The variable cost of using an aircraft owned by another agency
as reported by the owning agency if you are not charged for the use of
the aircraft.
(b) In weighing alternatives for travel on Government aircraft, you
must also consider the following:
(1) If no follow-on trip is scheduled, all time required
positioning the aircraft to begin the trip and to return the aircraft
to its normal base of operations.
(2) If a follow-on trip requires repositioning, the cost for the
repositioning should be charged to the associated follow-on trip.
(3) If an aircraft supports a multi-leg trip (a series of flights
scheduled sequentially), the use of the aircraft for the total trip may
be justified by comparing the total variable cost of the entire trip to
the commercial aircraft cost (including charter) for all legs of the
trip.
(4) The use of foreign aircraft as CAS is authorized when the
agency has determined that an equivalent level of safety exists as
compared to U.S. operations of a like kind. The safety of passengers
shall be the overriding consideration for the selection of travel mode
when comparing foreign sources of scheduled commercial airlines and
CAS.
Managing Aircraft Parts
Sec. 102-33.225 How must we manage aircraft parts?
You must manage your aircraft parts by maintaining proper storage,
protection, maintenance procedures, and records for the parts
throughout their life cycles.
Sec. 102-33.230 May we use 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, ``Eligibility and
Evaluation of U.S. Military Surplus Flight Safety Critical Aircraft
Parts, Engines, and Propellers.''
Sec. 102-33.235 What documentation must we maintain for 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. (See Sec. 102-33.370.)
Subpart D-Disposing of Government Aircraft and Aircraft Parts
Overview
Sec. 102-33.240 What must we consider before disposing of aircraft
and aircraft parts?
Before disposing of aircraft and aircraft parts, you must first
determine if the aircraft or parts are excess to your agency's mission
requirements or if you will need replacements (i.e., your aircraft or
parts are not excess), as follows:
------------------------------------------------------------------------
(a) If your aircraft/parts
are ... And ... Then ...
------------------------------------------------------------------------
No longer needed to You will not replace You must report them
perform, or cannot perform, them,. to GSA as excess
any Governmental function property (see part
for your agency, i.e., they 102-36 of this
are excess to your needs, subchapter B).
------------------------------------------------------------------------
[[Page 67754]]
------------------------------------------------------------------------
(b) If your aircraft/parts
are ... But ... Then ...
------------------------------------------------------------------------
No longer suitable for You need to replace You are prohibited
performing their mission(s) them to continue from exchanging or
for your agency, performing your selling your
mission(s). aircraft unless you
ask for and receive
approval from GSA
to deviate from
part 102-39 of this
subchapter B.
However, exchange/
sale of aircraft
parts is permitted.
------------------------------------------------------------------------
Sec. 102-33.245 May we report as excess, or replace (i.e., by
exchange/sale), both operational and non-operational aircraft?
Yes, you may report as excess both operational and non-operational
aircraft by following the rules governing excess property in part 102-
36 of this subchapter B. Exchange or sale of aircraft is prohibited by
part 102-39 of this subchapter B, so you will need approval from GSA to
deviate from that part to replace operational or non-operational
aircraft by exchange/sale. (See Sec. 102-33.275 for further guidance
on this restriction).
Sec. 102-33.250 May we report as excess, or replace, declassified
aircraft?
Yes, you may report as excess, or replace, a declassified aircraft
(see Sec. Sec. 102-33.415 through 102-33.420 for information on
declassifying aircraft). However, a declassified aircraft is no longer
considered an aircraft, but may be considered as a group of aircraft
parts or other property for ground use only. You must carry such
``aircraft parts or other property'' on your property records under the
appropriate Federal Supply Classification group(s) (e.g., miscellaneous
property, but not as an ``aircraft''). For disposal of the property
remaining after declassification of an aircraft, you must follow the
property disposal regulations in parts 102-36, 102-37, and 102-39 of
this subchapter B.
Sec. 102-33.255 Must we document FSCAP or life-limited parts
installed on aircraft that we will report as excess or replace?
Yes, you must comply with the documentation procedures described in
Sec. 102-33.370 if your aircraft and/or engines contain FSCAP or life-
limited parts.
Sec. 102-33.260 When we report as excess, or replace, an aircraft
(including a declassified aircraft), must we report the change in
inventory to the Federal Aviation Interactive Reporting System (FAIRS)?
(a) Yes, when you report as excess, or replace, an aircraft, you
must report the change in inventory to the Federal Aviation Interactive
Reporting System (FAIRS). For complete information, see the ``FAIRS
User's Manual,'' which is available from GSA, Aircraft Management
Policy Division (MTA), 1800 F Street, NW., Washington, DC 20405.
(b) Within 14 calendar days of the date you dispose of the
aircraft, you must report--
(1) The disposal method (e.g., reassignment, inter-agency transfer,
donation, sale as surplus or scrap, declassification, or exchange/
sale);
(2) The disposal date; and
(3) The identity and type of recipient (e.g., State, educational
institution, executive agency, commercial vendor).
Reporting Excess Government Aircraft
Sec. 102-33.265 What are our options if aircraft are excess to our
needs?
If aircraft are excess to your needs, your options include first
determining if any of your sub-agencies can use the aircraft. If so,
you may reassign the aircraft within your agency. If not, you must
report the aircraft as excess property to GSA (see parts 102-36 and
102-37 of this subchapter B). GSA will dispose of the property, giving
priority first to transferring it to another Federal agency, next to
donating it as surplus property, and finally to selling it to the
public as surplus.
Sec. 102-33.270 What is the process for reporting an excess aircraft?
To report an excess aircraft, you must submit a Standard Form (SF)
120, Report of Excess Personal Property (see Sec. 102-2.135 of this
chapter), to GSA (Federal Supply Service (FSS) Region 9, 450 Golden
Gate Ave., 9FBP, San Francisco, CA 94102-3434, (415) 522-3029). You may
also report electronically to GSA's Federal Disposal System (FEDS). For
information on reporting excess property electronically, contact the
FSS Office of Transportation and Personal Property (FBP), 1941
Jefferson Davis Highway, Room 812, Arlington, VA 22202, (703) 305-7240.
Replacing Aircraft Through Exchange or Sale
Sec. 102-33.275 Are there restrictions on replacing aircraft by
exchange or sale?
Yes, because aircraft are on GSA's exchange/sale prohibited list
(see part 102-39 of this subchapter B), you may not exchange or sell
aircraft unless you obtain approval from GSA to deviate from part 102-
39 of this subchapter B (see Sec. 102-33.10 on how to request a
deviation). In your letter of request to GSA, you must include the full
details of your situation and the proposed transaction and certify
that--
(a) Your agency's mission is dependent upon receiving a replacement
aircraft;
(b) You will be replacing the aircraft with similar-type property
(see Sec. 102-39.15 of this subchapter B for a definition of
``similar'');
(c) Your replacement will be on a one-for-one basis (you must
request and justify a waiver from GSA, Aircraft Management Policy
Division (MTA), 1800 F Street, NW., Washington, DC 20405, to deviate
from the one-for-one rule); and
(d) The exchange or sale meets all other requirements in part 102-
39 of this subchapter B.
Note to Sec. 102-33.275: The requirement to get GSA's approval
for an exchange/sale does not apply if a Federal statute
specifically authorizes your agency to exchange or sell certain
aircraft.
Sec. 102-33.280 What are our options if we need a replacement
aircraft?
If you need to replace an aircraft, and you have GSA's prior
written approval for a deviation (see Sec. 102-33.275), your options
include--
(a) Negotiating and conducting an exchange transaction directly
with an aircraft provider and obtaining credit toward the purchase of a
replacement aircraft, following the procurement rules applicable to
your agency; or
(b) Selling the aircraft and using the proceeds to offset the cost
of purchasing a replacement aircraft, following part 102-39 of this
subchapter B. The GSA can conduct sales for you; contact GSA (Region 9)
for more information.
Sec. 102-33.285 Do we need to include any special disclaimers in our
exchange/sale agreements for uncertificated aircraft or aircraft that
we have operated as public aircraft (i.e., not in compliance with the
Federal Aviation Regulations, 14 CFR chapter I)?
Yes, when you exchange or sell uncertificated aircraft or aircraft
maintained as public aircraft, you must ensure that the exchange or
sales offerings contain the following statement:
Warning to purchasers/recipients. The aircraft you have
purchased or received in an
[[Page 67755]]
exchange may not be in compliance with applicable FAA requirements.
You are solely responsible for bringing the aircraft into compliance
with 14 CFR chapter I, or other applicable standards, by obtaining
all necessary FAA inspections or modifications.
Sec. 102-33.290 What other disclaimers must we include in our
exchange/sale agreements for aircraft?
When you exchange or sell aircraft, you must ensure that the
following disclaimer is signed by the purchaser/recipient and received
by the Government before releasing the aircraft to the purchaser/
recipient:
The purchaser/recipient agrees that the Government shall not be
liable for personal injuries to, disabilities of, or death of the
purchaser/recipient, the purchaser's/recipient's employees, or to
any other persons arising from or incident to the purchase of this
aircraft, its use, or disposition. The purchaser/recipient shall
hold the Government harmless from any or all debts, liabilities,
judgments, costs, demands, suits, actions, or claims of any nature
arising from or incident to purchase, use, or resale of this item.
Sec. 102-33.295 May we exchange or sell an aircraft through
reimbursable transfer to another executive agency?
Yes, you may exchange or sell aircraft through reimbursable
transfer to another executive agency if you have prior written approval
from GSA to deviate from part 102-39 of this subchapter B (see Sec.
102-33.275). See part 102-39, subpart B, and part 102-36 of this
subchapter B for more information on reimbursable transfer of property.
Before offering to the public an aircraft that is eligible for
exchange/sale, you should consult with other executive agencies to find
out if any agency is interested in taking the aircraft for
reimbursement in funds or in kind (as you are directed in part 102-39
of this subchapter B).
Note to Sec. 102-33.295: Some agencies may also have special
congressional authorization to recover costs.
Disposing of Aircraft Parts
Sec. 102-33.300 What must we consider before disposing of aircraft
parts?
Before disposing of aircraft parts, you must determine if they are
excess to your agency's mission requirements or if you will need
replacements (i.e., they are not excess). The table in Sec. 102-33.240
shows the differences between excess and replacement parts.
Sec. 102-33.305 May we report as excess, or replace, FSCAP and life-
limited parts?
Yes, you may report as excess, or replace, FSCAP and life-limited
parts, but they require special handling. See the tables in Sec. 102-
33.370.
Sec. 102-33.310 May we report as excess, or replace, unsalvageable
aircraft parts?
No, you may not report unsalvageable aircraft parts as excess or
exchange or sell them for replacements. You must mutilate unsalvageable
parts. You may sell the mutilated parts only as scrap or report that
scrap to GSA for sale.
Sec. 102-33.315 What are the procedures for mutilating unsalvageable
aircraft parts?
To mutilate unsalvageable aircraft parts, you must--
(a) Destroy the data plates, remove the serial/lot/part numbers,
and cut, crush, grind, melt, burn, or use other means to prevent the
parts from being misidentified or used as serviceable aircraft parts.
See detailed guidance in the FAA's Advisory Circular 21-38,
``Disposition of Unsalvageable Aircraft Parts and Materials,''
available from the FAA. Call your regional FAA Flight Standards
District Office for additional guidance;
(b) Ensure that an authorized official of your agency witnesses and
documents the mutilation; and
(c) Retain a signed certification and statement of mutilation.
Sec. 102-33.320 What must we do if we are unable to perform required
mutilation of aircraft parts?
If you are unable to perform the required mutilation of aircraft
parts, you must turn in the parts to a Federal or federally approved
facility for mutilation and proper disposition. Ensure that any
contractor follows the provisions of Sec. 102-33.315 for mutilating
and disposing of the parts.
Sec. 102-33.325 What documentation must we furnish with excess/
surplus or replaced parts when they are transferred, donated,
exchanged, or sold?
When you transfer, donate, exchange, or sell excess/surplus or
replaced parts, you must--
(a) Furnish all applicable labels, tags, and historical and
modification records for serviceable aircraft parts;
(b) Mark mutilated parts as unsalvageable (mutilated parts may be
sold only for scrap; see Sec. 102-33.315); and
(c) Ensure that all available tags, labels, applicable historical
data, life-histories, and maintenance records accompany FSCAP and life-
limited parts and that FSCAP criticality codes (see Sec. 102-33.375)
are perpetuated on documentation (see Sec. 102-33.330 for additional
requirements).
Reporting Excess Aircraft Parts
Sec. 102-33.330 What must we do with aircraft parts that are excess
to our needs?
If you have aircraft parts that are excess to your needs, you must
first determine if any of your sub-agencies can use the parts. If they
can, you may reassign them within your agency. If they cannot, then you
must report the excess parts to the GSA FSS Office in your region,
using SF 120, Report of Excess Personal Property (see Sec. 102-2.135
of subchapter A of this chapter). When reporting excess FSCAP, you must
include the manufacturer's name, date of manufacture, part number,
serial number, and the appropriate Criticality Code on the SF 120. You
may report electronically using the FEDS system. For information on
reporting excess property electronically, contact the FSS Office of
Transportation and Personal Property (FBP), 1941 Jefferson Davis
Highway, Room 812, Arlington, VA 22202, (703) 305-7240. See parts 102-
36 and 102-37 of this subchapter B on disposing of excess property.
Sec. 102-33.335 What are the receiving agency's responsibilities in
the transfer or donation of aircraft parts?
An agency that receives transferred or donated aircraft parts must:
(a) Verify that all applicable labels and tags and historical and
modification records are furnished with serviceable aircraft parts
(i.e., parts that are intended for flight use). This requirement does
not apply to parts for ground use only. See the tables at Sec. 102-
33.370.
(b) Mutilate all transferred or donated parts that you discover to
be unsalvageable, and dispose of them properly, following the
procedures in Sec. 102-33.315.
Sec. 102-33.340 What are GSA's responsibilities in disposing of
excess and surplus aircraft parts?
In disposing of excess aircraft parts, the GSA Federal Supply
Service office in your region reviews your SF 120, Report of Excess
Personal Property (see Sec. 102-2.135 of subchapter A of this chapter)
for completeness and accuracy (of status, condition, and FSCAP and
demilitarization codes if applicable) and ensures that the following
certification is included on disposal documents (e.g., transfer orders
or purchasers' receipts):
Because of the critical nature of aircraft parts' failure and
the resulting potential safety threat, recipients of aircraft parts
must ensure that any parts installed on an aircraft meet applicable
Federal Aviation Regulations and must obtain required
certifications. GSA makes no representation as to a part's
[[Page 67756]]
conformance with the Federal Aviation Administration's requirements.
Sec. 102-33.345 What are a State agency's responsibilities in the
donation of Federal Government aircraft parts?
When a State agency accepts surplus Federal Government aircraft
parts for donation, the agency must--
(a) Review donation and transfer documents for completeness and
accuracy, and ensure that the certification in Sec. 102-33.340 is
included;
(b) Ensure that when the donee determines the part to be
unsalvageable, the donee mutilates the part following the procedures in
Sec. 102-33.315; and
(c) Ensure that the donee retains, maintains, and perpetuates all
documentation for serviceable parts (i.e., parts intended for flight
use).
Replacing Aircraft Parts Through Exchange or Sale
Sec. 102-33.350 Do we need approval from GSA to replace aircraft
parts by exchange or sale?
No, you don't need approval from GSA to replace parts by exchange
or sale. However, you must follow the provisions of this subpart and
part 102-39 of this subchapter B. Replacement parts do not have to be
for the same type or design of aircraft, but you must use the exchange
allowance or sales proceeds to purchase aircraft parts to support your
aviation program to meet the ``similarity'' requirement in part 102-39
of this subchapter B.
Sec. 102-33.355 May we do a reimbursable transfer of parts with
another executive agency?
Yes, you may request that the Federal Supply Service office in your
region approve a reimbursable transfer of aircraft parts under the
exchange/sale authority in part 102-39 of this subchapter B to another
executive agency as a way to receive parts in exchange or money to be
used to purchase replacement parts.
Sec. 102-33.360 What is the process for selling or exchanging
aircraft parts for replacement?
(a) You or your agent (e.g., another Federal agency or GSA, Federal
Supply Service (FSS)) may transact an exchange or sale directly with a
non-federal source or do a reimbursable transfer with another executive
agency as long as you or your agent--
(1) Follow the provisions in this part and in part 102-39 of this
subchapter B.
(2) Ensure that the applicable labels and tags, historical data and
modification records accompany the parts at the time of sale, and that
sales offerings on aircraft parts contain the following statement:
Warning to purchasers/recipients. The parts you have purchased
or received in an exchange may not be in compliance with applicable
FAA requirements. You are solely responsible for bringing the parts
into compliance with 14 CFR part 21 or other applicable standards,
by obtaining all necessary FAA inspections or modifications.
(3) Ensure that the following certification is signed by the
purchaser/recipient and received by the Government before releasing
parts to the purchaser/recipient:
The purchaser/recipient agrees that the Government shall not be
liable for personal injuries to, disabilities of, or death of the
purchaser/recipient, the purchaser's/recipient's employees, or to
any other persons arising from or incident to the purchase of this
item, its use, or disposition. The purchaser/recipient shall hold
the Government harmless from any or all debts, liabilities,
judgments, costs, demands, suits, actions, or claims of any nature
arising from or incident to purchase, use, or resale of this item.
(b) GSA, Federal Supply Service (FSS), can conduct sales of
aircraft parts for you. Contact your GSA Regional Office for more
information.
Sec. 102-33.365 Must we report exchange or sale of parts to FAIRS?
No, you don't have to report exchange or sale of parts to FAIRS.
However, you must keep records of the transactions, which GSA may
request to see.
Special Requirements for Disposing of Flight Safety Critical Aircraft
Parts (FSCAP) and Life-Limited Parts
Sec. 102-33.370 What must we do to dispose of military FSCAP or life-
limited parts?
To dispose of military FSCAP or life-limited parts, you must use
the following tables:
(a) Table 1 for disposing of uninstalled FSCAP and life-limited
parts follows:
Table 1 for Disposing of Uninstalled FSCAP and Life-Limited Parts
------------------------------------------------------------------------
------------------------------------------------------------------------
(1) If an Uninstalled FSCAP
(i.e., not installed in an
aircraft or engine)--
(i) Is documented............. Then............. (A) You may exchange
or sell it or
transfer it to
another executive
agency under parts
102-36 and 102-39 of
this subchapter B
and the rules in
this part;
(B) GSA may donate it
for flight use under
part 102-37 of this
subchapter B; or
(C) GSA may donate it
for ground use only,
after you mutilate
and mark it,
``FSCAP--NOT
AIRWORTHY'' (the
State Agency for
Surplus Property
must certify that
the part has been
mutilated and marked
before donation).
(ii) Is undocumented, but Then............. (A) You may exchange
traceable to its original or sell it only to
equipment manufacturer (OEM) the OEM or PAH under
or production approval holder part 102-39 of this
(PAH)-- subchapter B;
(B) GSA may transfer
or donate it for
flight use, but only
by making it a
condition of the
transfer or donation
agreement that the
recipient will have
the part inspected,
repaired, and
certified by the OEM
or PAH before
putting it into
service (Note: Mark
parts individually
to ensure that the
recipient is aware
of the parts'
service status); or
(C) GSA may donate it
for ground use only,
after you mutilate
and mark it,
``FSCAP--NOT
AIRWORTHY'' (the
State Agency for
Surplus Property
must certify that
the part has been
mutilated and marked
before donation).
[[Page 67757]]
(iii) Is undocumented and Then............. (A) GSA may transfer
untraceable, you must or donate it for
mutilate it, and-- ground use only,
after you mark it,
``FSCAP--NOT
AIRWORTHY'' (the
State Agency for
Surplus Property
must certify that
the part has been
mutilated and marked
before donation); or
(B) You may sell it
only for scrap under
Sec. Sec. 102-
33.310 and 102-
33.315.
(2) If an uninstalled life-
limited part (i.e., not
installed in an aircraft or
engine)--
(i) Is documented with service Then............. (A) You may exchange
life remaining. or sell it or
transfer it to
another executive
agency under parts
102-36 and 102-39 of
this subchapter B
and the rules in
this part;
(B) GSA may donate it
for flight use under
part 102-37 of this
subchapter B; or
(C) GSA may donate it
for ground use only,
after you mutilate
and mark it,
``EXPIRED LIFE-
LIMITED--NOT
AIRWORTHY'' (the
State Agency for
Surplus Property
must certify that
the part has been
mutilated and marked
before donation).
(ii) Is documented with no But.............. (A) GSA may transfer
service life remaining, or or donate it for
undocumented, GSA may not ground use only,
transfer it to another after you mutilate
executive agency for flight and mark it,
use-- ``EXPIRED LIFE-
LIMITED--NOT
AIRWORTHY'' (the
State Agency for
Surplus Property
must certify that
the part has been
mutilated and marked
before donation); or
(B) You must mutilate
it and may sell it
only for scrap.
------------------------------------------------------------------------
(b) Table 2 for disposing of installed life-limited parts follows:
Table 2 for Disposing of Installed Life-Limited Parts
------------------------------------------------------------------------
------------------------------------------------------------------------
(1) If a life-limited part is
installed in an aircraft or an
engine, and it--
(i) Is documented with service Then............. (A) You may exchange
life remaining-- or sell the aircraft
or engine, or GSA
may tranfer the
aircraft or engine
to another executive
agency under parts
102-36 and 102-39 of
this subchapter B
and the rules in
this part;
(B) GSA may donate
the aircraft or
engine for flight
use; or
(C) GSA may donate
the aircraft or
engine for ground
use only, after you
remove the part,
mutilate it and mark
it, ``EXPIRED LIFE-
LIMITED--NOT
AIRWORTHY.'' (Note:
An internal engine
part may be left
installed, if, as a
condition of the
donation agreement,
the receiving donee
agrees to remove and
mutilate the part,
and mark it (the
State Agency for
Surplus Property
must certify that
the part has been
multilated and
marked)).
(i) Is documented with service Then............. (A) You may exchange
life remaining-- or sell the aircraft
or engine, or GSA
may transfer the
aircraft or engine
to another executive
agency under parts
102-36 and 102-39 of
this subchapter B
and the rules in
this part;
(B) GSA may donate
the aircraft or
engine for flight
use; or
(C) GSA may donate
the aircraft or
engine for ground
use only, after you
remove the part,
mutilate it and mark
it, ``EXPIRED LIFE-
LIMITED--NOT
AIRWORTHY.'' (Note:
An internal engine
part may be left
installed, if, as a
condition of the
donation agreement,
the receiving donee
agrees to remove and
mutilate the part,
and mark it (the
State Agency for
Surplus Property
must certify that
the part has been
mutilated and
marked)).
[[Page 67758]]
(ii) Is documented with no Then............. (A) You must remove
service life remaining, or and mutilate the
undocumented-- part before you
exchange or sell the
aircraft or engine
(see rules for
disposing of
uninstalled life-
limited parts in
Table 1 of paragraph
(a) of this
section). (Note: If
an aircraft or
engine is exchanged
or sold to its OEM
or PAH, you do not
have to remove the
expired life-limited
part);
(B) You must remove
and mutilate it
before GSA may
transfer or donate
the aircraft or
engine for flight
use (see the rules
for disposing of
uninstalled FSCAP in
Table 1 in paragraph
(a) of this
section). (Note: An
internal engine part
may be left
installed, if you
identify the part
individually to
ensure that the
receiving agency is
aware of the part's
service status and,
as a condition of
the transfer or
donation agreement,
the receiving agency
agrees to remove and
mutilate the part
before the engine is
put into service.
You must certify
mutilation for
transfers, and the
State Agency for
Surplus Property
must certify that
the part has been
mutilated for
donations); or
(C) GSA may donate
the aircraft or
engine for ground
use only, after you
remove the part,
mutilate and mark it
``EXPIRED LIFE-
LIMITED--NOT
AIRWORTHY.'' (Note:
An internal engine
part may be left
installed, if, as a
condition of the
donation agreement,
the receiving agency
agrees to remove and
mutilate the part
and mark it (the
State Agency for
Surplus Property
must certify that
the part has been
mutilated and
marked)).
------------------------------------------------------------------------
Sec. 102-33.375 What is a FSCAP Criticality Code?
A FSCAP Criticality Code is a code assigned by DOD to indicate the
type of FSCAP: Code ``F'' indicates a standard FSCAP; Code ``E''
indicates a nuclear-hardened FSCAP. You must perpetuate a FSCAP's
Criticality Code on all property records and reports of excess. If the
code is not annotated on the transfer document that you received when
you acquired the part, you may contact the appropriate military service
or query DOD's Federal Logistics Information System (FLIS--FedLog)
using the National Stock Number (NSN) or the part number. For
assistance in subscribing to the FLIS service, contact the FedLog
Consumer Support Office, 800-351-4381.
Subpart E--Reporting Information on Government Aircraft
Overview
Sec. 102-33.380 Who must report information to GSA on Government
aircraft?
You must report information to GSA on Government aircraft if your
agency--
(a) Is an executive agency of the United States Government; and
(b) Owns, lease-purchases, bails, borrows, loans, leases, rents,
charters, or contracts for (or obtains by inter-service support
agreement) Government aircraft.
Sec. 102-33.385 Is any civilian executive agency exempt from the
requirement to report information to GSA on Government aircraft?
No civilian executive agency is exempt, however, the Armed Forces
(including the U.S. Coast Guard, the Reserves, and the National Guard)
and U.S. intelligence agencies are exempt from the requirement to
report to GSA on Government aircraft.
Sec. 102-33.390 What information must we report on Government
aircraft?
(a) You must report the following information to GSA, Aircraft
Management Policy Division (MTA), 1800 F Street, NW., Washington, DC
20405:
(1) Inventory data on Federal aircraft through FAIRS.
(2) Cost and utilization data on Federal aircraft through FAIRS.
(3) Cost and utilization data on CAS aircraft and related aviation
services through FAIRS.
(4) Accident and incident data through the ICAP Aircraft Accident
Incident Reporting System (AAIRS).
(5) The results of cost-comparison studies in compliance with OMB
Circular A-76 to justify purchasing, leasing, modernizing, replacing,
or otherwise acquiring aircraft and related aviation services.
(b) Information on senior Federal officials and others who travel
on Government aircraft to GSA, Travel Management Policy Division (MTT),
1800 F Street, NW., Washington, DC 20405 (see OMB Circular A-126 for
specific rules and a definition of senior Federal official).
Federal Aviation Interactive Reporting System (FAIRS)
Sec. 102-33.395 What is FAIRS?
FAIRS is a management information system operated by GSA (MTA) to
collect, maintain, analyze, and report information on Federal aircraft
inventories and cost and usage of Federal aircraft and CAS aircraft
(and related aviation services). Users access FAIRS through a highly-
secure Web site. The ``FAIRS User's Manual'' contains the business
rules for using the system and is available from GSA, Aircraft
Management Policy Division (MTA), 1800 F Street, NW., Washington, DC
20405.
Sec. 102-33.400 How must we report to FAIRS?
You must report to FAIRS electronically through a secure Web
interface to the FAIRS application on the Internet. For information on
becoming a FAIRS user, call GSA, Aircraft Management Policy Division,
(MTA).
[[Page 67759]]
Sec. 102-33.405 When must we report to FAIRS?
You must report any changes in your Federal aircraft inventory
within 14 calendar days. You must report cost and utilization data to
FAIRS at the end of every quarter of the fiscal year (December 31,
March 31, June 30, and September 30). However, you may submit your
information to FAIRS on a daily, weekly, or monthly basis. To provide
enough time to calculate your cost and utilization data, you may report
any one quarter's cost and utilization in the following quarter, as
follows:
----------------------------------------------------------------------------------------------------------------
Quarter Submit
----------------------------------------------------------------------------------------------------------------
QTR 1--October 1--December 31....... Federal inventory for QTR 1.
Federal cost and utilization for previous QTR 4.
CAS cost and utilization for previous QTR 4.
QTR 2--January 1--March 31.......... Federal inventory for QTR 2.
Federal cost and utilization for QTR 1.
CAS cost and utilization for QTR 1.
QTR 3--April 1--June 30............. Federal inventory for QTR 3.
Federal cost and utilization for QTR 2.
CAS cost and utilization for QTR 2.
QTR 4--July 1--September 30......... Federal inventory for QTR 4.
Federal cost and utilization for QTR 3.
CAS cost and utilization for QTR 3.
----------------------------------------------------------------------------------------------------------------
Federal Inventory Data
Sec. 102-33.410 What are Federal inventory data?
Federal inventory data include information on each of the
operational and non-operational Federal aircraft that you own, bail,
borrow, or loan. See the ``FAIRS User's Manual,'' published by GSA,
Aircraft Management Policy Division (MTA), 1800 F Street, NW.,
Washington, DC 20405, for a complete listing and definitions of the
FAIRS Federal inventory data elements.
Sec. 102-33.415 When may we declassify an aircraft and remove it from
our Federal aircraft inventory?
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. When you declassify an
aircraft, you remove the data plate permanently, and the resulting
``aircraft parts or other property'' are no longer considered an
aircraft. See Sec. Sec. 102-33.415 through 102-33.420 for rules on
declassifying aircraft, and see part 102-36 or 102-37 of this
subchapter B on reporting declassified aircraft as excess.
Sec. 102-33.420 How must we declassify an aircraft?
To declassify an aircraft, you must--
(a) Send a letter to GSA, Aircraft Management Policy Division
(MTA), 1800 F Street, NW., Washington, DC 20405, requesting approval to
declassify the aircraft and stating that the aircraft is non-
operational (which includes lost or destroyed). In this letter,
identify the Federal Supply Classification (FSC) group(s) that the
declassified aircraft/parts will fall under if applicable, describe the
condition of the aircraft (crash-damaged, unrecoverable, parts
unavailable, etc.), and include photographs as appropriate.
(b) Within 14 calendar days of receiving GSA's approval to
declassify the aircraft--
(1) Following applicable Federal Aviation Regulations (14 CFR
45.13), request approval from your local FAA Flight Standards District
Office (FSDO) to remove the manufacturer's data plate;
(2) Within 14 calendar days of receiving approval from FAA to
remove the data plate, inform GSA (MTA) of FAA's approval, send the
data plate by courier or registered mail to the FAA, as directed by
your FSDO, and remove any Certificate of Airworthiness and the
aircraft's registration form from the aircraft, complete the reverse
side of the registration form, and send both documents to the FAA.
(c) Delete the aircraft from your FAIRS inventory records and
update your personal property records, deleting the declassified
aircraft from the aircraft category and adding it to another Federal
Supply Classification group or groups, as appropriate.
Federal Aircraft Cost and Utilization Data
Sec. 102-33.425 What Federal aircraft cost and utilization data must
we report?
You must report certain costs for each of your Federal aircraft and
the number of hours that you flew each aircraft. In reporting the costs
of your Federal aircraft, you must report both the amounts you paid as
Federal costs, which are for services the Government provides, and the
amounts you paid as commercial costs in support of your Federal
aircraft. For a list and definitions of the Federal aircraft cost and
utilization data elements, see the ``FAIRS User's Manual,'' which is
available from GSA, Aircraft Management Policy Division (MTA), 1800 F
Street, NW., Washington, DC 20405.
Sec. 102-33.430 Who must report Federal aircraft cost and utilization
data?
Executive agencies, except the Armed Forces and U.S. intelligence
agencies, must report Federal cost and utilization data on all Federal
aircraft. Agencies should report Federal cost and utilization data for
loaned aircraft only if Federal money was expended on the aircraft.
[[Page 67760]]
Commercial Aviation Services (CAS) Cost and Utilization Data
Sec. 102-33.435 What CAS cost and utilization data must we report?
You must report the costs and flying hours for each CAS aircraft
you hire. You must also report the costs and contractual periods for
related aviation services that you hire (i.e., by contract or through
an inter-service support agreement (ISSA)). Report related aviation
services that you hire commercially in support of Federal aircraft as
``paid out'' Federal aircraft costs--do not report them as CAS. See the
``FAIRS User's Manual,'' available from GSA, Aircraft Management Policy
Division (MTA), 1800 F Street, NW., Washington, DC 20405 for a complete
description of the CAS data elements reportable to FAIRS.
Sec. 102-33.440 Who must report CAS cost and utilization data?
Executive agencies, except the Armed Forces and U.S. intelligence
agencies, must report CAS cost and utilization data. You must report
CAS cost and utilization data if your agency makes payments to--
(a) Charter or rent aircraft;
(b) Lease or lease-purchase aircraft;
(c) Hire aircraft and related services through an ISSA or a full
service contract; or
(d) Obtain related aviation services through an ISSA or by contract
except when you use the services in support of Federal aircraft.
Accident and Incident Data
Sec. 102-33.445 What accident and incident data must we report?
You must report within 14 calendar days to GSA, Aircraft Management
Policy Division (MTA), 1800 F Street, NW., Washington, DC 20405, all
aviation accidents and incidents that your agency is required to report
to the NTSB. You may also report other incident information. The GSA
and the ICAP will use the collected accident/incident information in
conjunction with FAIRS' data, such as flying hours and missions, to
calculate safety statistics for the Federal aviation community and to
share safety lessons-learned.
Sec. 102-33.450 How must we report accident and incident data?
You must report accident and incident data through the ICAP
Aviation Accident and Incident Reporting System (AAIRS), which is
accessible from the Internet. Instructions for using the system and the
data elements and definitions for accident/incident reporting are
available through the system or from GSA, Aircraft Management Policy
Division (MTA), 1800 F Street, NW., Washington, DC 20405.
Common Aviation Management Information Standard (C-AMIS)
Sec. 102-33.455 What is C-AMIS?
Common Aviation Management Information Standard (C-AMIS), jointly
written by the ICAP and GSA and available from GSA, Aircraft Management
Policy Division (MTA), 1800 F Street, NW., Washington, DC 20405, is a
guide to assist agencies in developing or modernizing their internal
aviation management information systems. C-AMIS includes standard
specifications and data definitions related to Federal aviation
operations.
Sec. 102-33.460 What is our responsibility in relation to C-AMIS?
If you use a management information system to provide data to FAIRS
by batch upload, you are responsible for ensuring that your system is
C-AMIS-compliant. For more information on compliance with C-AMIS,
contact GSA, Aircraft Management Policy Division (MTA), 1800 F Street,
NW., Washington, DC 20405.
Dated: September 11, 2002.
Stephen A. Perry,
Administrator of General Services.
[FR Doc. 02-26841 Filed 11-5-02; 8:45 am]
BILLING CODE 6820-23-P