[Federal Register Volume 63, Number 234 (Monday, December 7, 1998)]
[Notices]
[Page 67503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32407]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration
[AC No. 20-XX FSCAP]


Proposed Advisory Circular (AC) on Eligibility and Evaluation of 
U.S. Military Surplus Flight Safety Critical Aircraft Parts (FSCAP), 
Engines, and Propellers

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of availability of proposed FSCAP AC and request for 
comments.

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SUMMARY: This notice announces the availability of and requests 
comments on a proposed AC pertaining to guidance for use in determining 
the eligibility of and evaluating U.S. military surplus flight safety 
critical aircraft parts for installation on U.S. type certificated 
products. This notice is necessary to give all interested persons the 
opportunity to present their views on the proposed AC.

DATES: Comments must be received on or before February 5, 1999.

ADDRESSES: Send all comments on the proposed AC to: Federal Aviation 
Administration, Continuous Airworthiness Maintenance Division, AFS-300, 
800 Independence Avenue, SW., Washington, DC 20591, attention Al 
Michaels. Comments may be inspected at the above address between 9:00 
a.m. and 4:00 p.m. weekdays, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:
Al Michaels, AFS-300, at the above address, or telephone (202) 267-
8203, or facsimile (202) 267-5115.

SUPPLEMENTARY INFORMATION:

Comments Invited

    A copy of the proposed AC may be obtained by downloading through 
the Internet at the following Uniform Resource Location (URL): http://
www.faa.gov/avr/afs/acs/fscap.doc. The file name is ``FSCAP.'' doc in 
word 6 format.
    Interested persons are invited to comment on the draft AC by 
submitting such written data, views, or arguments as they may desire or 
E:mail Al Michaels at Albert.M[email protected]. Commenters should 
identify FSCAP AC, Eligibility and Evaluation of U.S. Military Surplus 
Flight Safety Critical Aircraft Parts, Engines, and Propellers to the 
address specified above. All comments will be considered by the 
Continuous Airworthiness Maintenance Division, AFS-300, before issuing 
the final AC.

Background

    The U.S. Federal Property and Administrative Services Act of 1949, 
as amended, requires the Department of Defense (DoD) to dispose of its 
surplus property. However, the DoD is prevented from destroying 
property with economic value. With the ``downsizing'' of military 
requirements, increasing quantities of surplus DoD aircraft and their 
parts have become available for civil purchase. Depending on the 
aircraft type and/or whether these surplus military products have had 
civilian counterpart models for which an FAA U.S. type certificate had 
been issued, such aircraft may have potential eligibility for issuance 
of either standard or special airworthiness certificates. Concerns 
regarding military surplus aircraft parts, specifically those parts 
designated by the proponent military service as Flight Safety Critical 
Aircraft Parts (FSCAP), entering into the civil market place led to the 
forming of a joint DoD/FAA FSCAP Process Action Team (PAT). This team, 
representing the Defense Logistics Agency, the Departments of the Army, 
Navy and Air Force, and the FAA, produced recommendations related to 
the identification, disposition and control of military surplus FSCAP. 
DoD and the FAA accepted the PAT recommendations and jointly signed the 
implementation plan memorandum in 1995. This proposed FSCAP AC is part 
of the Flight Safety Critical Aircraft Parts, Process Action Team's 
(PAT) implementation recommendations and provides guidance that is 
pertinent to any member of the aviation community concerned with the 
potential installation of military surplus FSCAP on FAA type-
certificated products. While many military parts may be the same as 
their FAA-approved civil counterparts, they are not generally FAA-
approved for installation. Typically, the procuring military service 
specifies requirements for the design, production, and acquisition of 
parts that may not meet 14 Code of Federal Regulations (CFR); however, 
certain parts procured by the DoD have the potential to be approved for 
civil use. Conversely, certain military unique FSCAP are currently part 
of FAA-certificated, restricted category military surplus products. 
Some military unique replacement parts have no alternative source other 
than the military surplus stocks originally procured solely for armed 
forces use.
    The DoD makes no representation as to a military surplus part's 
eligibility for installation on FAA type certificated products. 
Therefore, prior to installing such parts on a certificated product, 
the installer must make a determination of airworthiness. In order to 
maintain the airworthiness of any aircraft, parts used to maintain the 
aircraft must meet that aircraft's applicable airworthiness 
requirements. Failure to comply with Federal Aviation Regulation 
requirements can subject the owner and/or installer to enforcement 
actions. Since military surplus parts may not meet FAA type design, 
and/or may have been operated outside the limitations specified by the 
Code of Federal Regulations inspections and/or FAA approvals may be 
needed to determine the part's condition for safe operation and 
eligibility for installation on a type-certificated product. This 
Advisory Circular (AC) would address a means to help the installer make 
these required determinations.

    Issued in Washington, DC, on December 1, 1998.
Richard O. Gordon,
Acting Director, Flight Standards Service.
[FR Doc. 98-32407 Filed 12-4-98; 8:45 am]
BILLING CODE 4910-13-M'