[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