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Notices Federal Register

41048

Vol. 65, No. 128

Monday, July 3, 2000

DEPARTMENT OF AGRICULTURE

Forest Service

Implemetation of the Wildfire

Suppression Aircraft Transfer Act of

1996

AGENCY: Forest Service, USDA.

ACTION: Notice.

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

mdudley@fs.fed.us.

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