[Federal Register Volume 65, Number 128 (Monday, July 3, 2000)]
[Notices]
[Page 41048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16734]


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Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
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Federal Register / Vol. 65, No. 128 / Monday, July 3, 2000 / 
Notices

[[Page 41048]]



DEPARTMENT OF AGRICULTURE

Forest Service


Implemetation of the Wildfire Suppression Aircraft Transfer Act 
of 1996

AGENCY: Forest Service, USDA.

ACTION: Notice.

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SUMMARY: The Wildfire Suppression Aircraft Transfer Act of 1996 
authorizes the Department of Defense to sell excess aircraft and 
aircraft parts to eligible persons or entities seeking a contract with 
the Forest Service for the delivery of fire retardant by air for 
wildfire suppression. The Secretary of Agriculture must certify in 
writing to the Secretary of Defense, prior to a sale, those persons or 
entities that are capable of meeting the terms and conditions of a 
contract to deliver fire retardant by air. This notice identifies the 
certification criteria against which persons or entities, who want to 
contract with the Forest Service, will be evaluated when seeking to 
purchase excess U.S. Department of Defense aircraft or excess aircraft 
parts.

EFFECTIVE DATE: July 3, 2000.

FOR FURTHER INFORMATION CONTACT: Michael Dudley, Aviation Management 
Specialist, Forest Service, Fire and Aviation Staff, Mail Stop 1107, 
Forest Service, USDA, P.O. Box 96090, Washington, D.C. 20090-6090 or 
call (202) 205-0995 or email <a href="/cdn-cgi/l/email-protection#b2dfd6c7d6ded7cbf2d4c19cd4d7d69cc7c1"><span class="__cf_email__" data-cfemail="1d707968797178645d7b6e337b787933686e">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The Wildfire Suppression Aircraft Transfer Act of 1996 (10 U.S.C. 
2576) provides that from October 1, 1996, through September 30, 2000, 
the Secretary of Defense may sell certain aircraft and aircraft parts 
to persons or entities that contract with the Federal government for 
the delivery of fire retardant by air to suppress wildfire. The Defense 
Logistics Agency of the Department of Defense published regulations 
implementing the Wildfire Suppression Aircraft Transfer Act of 1996 in 
the Federal Register on June 1, 1999 (64 FR 29227).
    The Secretary of Agriculture must certify in writing to the 
Secretary of Defense, prior to a sale, those persons or entities that 
are capable of meeting the terms and conditions of a contract to 
deliver fire retardant by air. This notice identifies the certification 
criteria that persons or entities, who want to contract with the Forest 
Service, will have to meet to be eligible to bid on U.S. Department of 
Defense excess aircraft and aircraft parts for delivery of fire 
retardent by air for wildfire suppression. Determination of eligibility 
will be conducted under existing procedures described in Federal 
Acquisition Regulation Part 9. Sale of aircraft and parts will be 
conducted under existing procedures described in 32 CFR Part 171 and 
Department of Defense Manual 4160.21-M, Chapter 4, paragraph B2.

Aircraft Sale Certification and Restrictions

    The Wildfire Suppression Act of 1996 (10 U.S.C. 2576), hereby 
referred to as the Act, authorizes the U.S. Department of Defense to 
sell excess aircraft and aircraft parts to eligible persons or entities 
seeking a contract with the Forest Service of the U.S. Department of 
Agriculture for airtanker service for suppression of wildfires. The Act 
requires that, prior to the sale, the Secretary of Agriculture must 
certify to the Secretary of Defense that potential purchasers are 
capable of meeting the terms and conditions of an aerial fire retardant 
delivery contract with the Forest Service. These criteria supplement 
the rule adopted by the Defense Logistics Agency of the U.S. Department 
of Defense at 32 CFR, Part 171, on June 1, 1999 (64 FR 29227).

Certification Criteria for Potential Purchasers of Excess Aircraft.

    (1) The potential purchaser can demonstrate proof of adequate 
financial capacity to purchase, modify, operate, and maintain proposed 
aircraft at competitive rates in the airtanker marketplace.
    (2) The potential purchaser can provide a business plan indicating 
current and proposed ability to drop retardant from airtankers in an 
acceptable manner.
    (3) The potential purchaser can demonstrate adequate organization 
and facilities for operation and maintenance of proposed aircraft.
    (4) The potential purchaser has the ability to comply with all 
applicable Federal Aviation Regulations (FAR). The potential purchaser 
can be certified and can operate under 14 CFR, Part 137.
    (5) The potential purchaser can provide a proposed plan for 
obtaining required approvals, including type and airworthiness 
certificates, for aircraft modification and/or tank and gating system. 
(FAA and Interagency Airtanker Board)
    (6) The potential purchaser can demonstrate experience in operating 
and maintaining aircraft proposed for sale.
    (7) Aircraft parts will be sold only to those persons or entities 
eligible to bid on aircraft under the Wildfire Suppression Act of 1996 
and implementation regulations adopted by the Defense Logistics Agency 
of the U.S. Department of Defense at 32 CFR, Part 171. Firms may only 
purchase parts appropriate for the aircraft they are operating.

Restrictions

    Section 171.3 of Title 32 of the Code of Regulations published by 
the Department of Defense on June 1, 1999, restricts the use of the 
aircraft and aircraft parts sold under the Wildfire Suppression 
Aircraft Transfer Act of 1996 to wildfire suppression purposes only; 
the aircraft and aircraft parts must not be flown or removed from the 
United States unless dispatched by the National Interagency Fire Center 
in support of an international agreement to assist in wildfire 
suppression or when jointly approved in advance, in writing, by the 
Secretary of Agriculture and the Secretary of Defense.

    Dated: June 27, 2000.
Clyde Thompson,
Deputy Chief, Business Operations.
[FR Doc. 00-16734 Filed 6-30-00; 8:45 am]
BILLING CODE 3410-11-P


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