[Federal Register Volume 63, Number 157 (Friday, August 14, 1998)]
[Rules and Regulations]
[Pages 43638-43639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21735]



[[Page 43638]]

=======================================================================
-----------------------------------------------------------------------

GENERAL SERVICES ADMINISTRATION

41 CFR Part 101-37

[FPMR Amendment G-113]
RIN 3090-AG13


Aviation, Transportation, and Motor Vehicles

AGENCY: Office of Governmentwide Policy, GSA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This regulation revises FPMR Subpart 101-37.11 to comply with 
OMB Circular A-126 and to incorporate changes brought about by the 
passage of Pub. L. 103-411, dated April 23, 1995.

EFFECTIVE DATE: August 14, 1998.

FOR FURTHER INFORMATION CONTACT: Peter Zuidema, Director, Aircraft 
Management Policy Division (MTA), 202-219-1377.

SUPPLEMENTARY INFORMATION: The General Services Administration (GSA) 
has determined that this rule is not a significant regulatory action 
for the purposes of Executive Order 12866.

REGULATORY FLEXIBILITY ACT: This rule is not required to be published 
in the Federal Register for notice and comment. Therefore, the 
Regulatory Flexibility Act does not apply.

PAPERWORK REDUCTION ACT: GSA has determined that the Paperwork 
Reduction Act (44 U.S.C. chapter 35) does not apply because this 
regulation does not contain any information collection requirements 
that require the approval of the Office of Management and Budget.
    This rule also is exempt from Congressional review prescribed under 
5 U.S.C. 801 since it relates solely to agency management and 
personnel. This rule is written in a ``plain language'' style.

What is the ``Plain Language'' Style of Writing?

    The ``plain language'' style of regulation writing is a new, 
simpler to read and understand, question and answer regulatory format.

How Does the ``Plain Language'' Style of Regulation Writing Affect 
Employees?

    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.

List of Subjects in 41 CFR Part 101-37

    Aircraft, Government property management.

    For the reasons set forth in the preamble, 41 CFR part 101-37 is 
amended as follows:

PART 101-37--GOVERNMENT AVIATION ADMINISTRATION AND COORDINATION

    Subpart 101-37.11 is revised to read as follows:

Subpart 101-37.11--Aircraft Accident and Incident Reporting and 
Investigation

101-37.1100  What are my general responsibilities for aircraft 
accident and incident reporting and investigation?
101-37.1101  What aircraft accident and incident response planning 
must I do?
101-37.1102  When must I give initial notification of an aircraft 
accident, incident, or overdue aircraft?
101-37.1103  What information must I give in an initial notification 
of an aircraft accident, incident, or overdue aircraft?
101-37.1104  What are my responsibilities for preserving aircraft 
wreckage, cargo, mail, and records resulting from aircraft accidents 
and incidents?
101-37.1105  What must I report regarding an aircraft accident, 
incident, or overdue aircraft?
101-37.1106  What must I do when the NTSB investigates an accident 
or incident involving my aircraft?
101-37.1107  What must I do if I observe a condition, act, 
maintenance problem, or circumstance that has the potential to cause 
an aviation related mishap?
101-37.1108  Why is it important that I be provided aircraft 
accident/incident related guidance in the form of this regulation in 
addition to that found in 49 CFR Parts 830 and 831?
101-37.1109  What training must I have to participate in an NTSB 
investigation?

    Authority: Sec. 205 (c), 63 Stat. 390; 40 U.S.C. 486 (c); the 
Budget and Accounting Act of 1921, as amended; the Budget and 
Accounting Procedures Act of 1950, as amended; Reorganization Plan 
No. 2 of 1970; E.O. 11541, 35 FR 10737, 3 CFR, 1966-70 Comp., p. 
939; and OMB Circular No. A-126 (Revised May 22, 1992).

Subpart 101-37.11--Aircraft Accident and Incident Reporting and 
Investigation


Sec. 101-37.1100  What are my general responsibilities for aircraft 
accident and incident reporting and investigation?

    You must:
    (a) Develop a Federal agency specific aircraft accident and 
incident response plan for your agency;
    (b) Be prepared to participate in National Transportation Safety 
Board (NTSB) investigations of Federal agency aircraft accident or 
incidents involving your agency;
    (c) Conduct a parallel investigation of an aviation accident/
incident involving your agency aircraft as appropriate;
    (d) Report any condition, act, maintenance problem, or circumstance 
which has potential to cause an aviation related mishap;
    (e) Provide training to your agency personnel who may be asked to 
participate in an NTSB investigation;
    (f) Assure that your reporting requirements are in compliance with 
the NTSB definitions contained in 49 CFR 830.2; and
    (g) Refer to 49 CFR part 830 for further details when required to 
report an aircraft accident, incident, or overdue aircraft to the NTSB.


Sec. 101-37.1101  What aircraft accident and incident response planning 
must I do?

    You must develop an agency specific aircraft accident and incident 
response plan which include the following:
    (a) Reporting aircraft accidents, incidents, and overdue or missing 
aircraft,
    (b) Wreckage site safety,
    (c) Wreckage security,
    (d) Evidence preservation, and
    (e) A point of contact list with current telephone numbers for 
fire, crash rescue, medical, and law enforcement support personnel and 
trained agency accident investigators.


Sec. 101-37.1102  When must I give initial notification of an aircraft 
accident, incident, and overdue aircraft?

    You must assure that the operator of any aircraft that is owned, 
leased, or under your exclusive use and operational control for more 
than 180 days immediately notifies the nearest NTSB field office when 
an accident or incident occurs.


Sec. 101-37.1103  What information must I give in an initial 
notification of an aircraft accident, incident, or overdue aircraft?

    You must assure that the notification contains the following 
information, if available:
    (a) Type and registration of the aircraft;
    (b) Name of the owning agency;
    (c) Name of the pilot-in-command;
    (d) Date and time of the accident;
    (e) Last point of departure and the point of intended landing;
    (f) Position of the aircraft with reference to a geographical 
point;
    (g) Number of persons aboard, number fatally injured, and number 
seriously injured;
    (h) Nature of the accident, extent of damage, and the weather; and
    (i) A description of any explosives, radioactive materials, or any 
other dangerous substances carried on the aircraft.

[[Page 43639]]

Sec. 101-37.1104  What are my responsibilities for preserving aircraft 
wreckage, cargo, mail, and records resulting from aircraft accidents 
and incidents?

    You must assure that the operator of your aircraft is responsible 
for preserving to the extent possible any wreckage, cargo, and mail 
carried aboard the aircraft that was involved in an accident or 
incident. All records such as history data recordings of flight and 
maintenance information and voice recordings pertaining to the flight 
and all records pertaining to the operation and maintenance of the 
aircraft and to the airmen must be preserved until the NTSB takes 
custody. If items must be moved from the aircraft or the scene of the 
accident/incident for safety or health reasons, sketches, descriptive 
notes, or photographs should be made if possible of the original 
positions and conditions of items moved. If classified material is 
involved in an accident or incident, you must coordinate its protection 
and recovery with the National Transportation Safety Board as required 
by 49 CFR 830.10 and 831.12.


Sec. 101-37.1105  What must I report regarding an aircraft accident, 
incident, or overdue aircraft?

    You must assure that the operator of your aircraft files a report 
on NTSB Form 6120.1 or 7120.2 within 10 days after an accident, or 
after 7 days if an overdue aircraft is still missing. A report 
involving a reportable incident shall be filed only if requested by the 
NTSB.


Sec. 101-37.1106  What must I do when the NTSB investigates an accident 
or incident involving my aircraft?

    You should request designation as ``party'' to the investigation in 
accordance with 49 CFR 831.11 and assist the NTSB to the maximum extent 
possible. The NTSB shall allow you to participate in any investigation, 
except that you may not participate in the NTSB's determination of the 
probable cause of the accident. You may conduct your own parallel 
investigation. You and the NTSB must exchange appropriate information 
obtained or developed in the course of the investigation(s) in a timely 
manner.


Sec. 101-37.1107  What must I do if I observe a condition, act, 
maintenance problem, or circumstance that has the potential to cause an 
aviation related mishap?

    You must report such observations to a senior aviation safety 
manager of your agency.


Sec. 101-37.1108  Why is it important that I be provided aircraft 
accident/incident related guidance in the form of this subpart, in 
addition to that found in 49 CFR parts 830 and 831?

    You may be excluded from some civil standards because of your 
unique operational and/or airworthiness requirements. Therefore, in 
addition to meeting the requirements found in 49 CFR parts 830 and 831, 
you must do the following: Make personnel who are knowledgeable about 
your missions and trained as aircraft accident investigators available 
to work with the NTSB. Develop accident and incident response plans. 
And understand that a parallel investigation may be conducted. Such 
teamwork will enhance both NTSB's and your aircraft accident 
investigation and prevention efforts.


Sec. 101-37.1109  What training must I have to participate in an NTSB 
investigation?

    You must be trained in aircraft accident investigation, 
reconstruction, and analysis. You must also receive aircraft accident 
investigation recurrency training and be familiar with NTSB accident 
investigation procedures.

    Dated: February 23, 1998.
David J. Barram,
Administrator of General Services.
[FR Doc. 98-21735 Filed 8-13-98; 8:45 am]
BILLING CODE 6820-24-P