43472 Federal Register / Vol. 62, No. 157 / Thursday, August 14, 1997 / Rules and Regulations

19107, or by telephone at: (215)566–

2179. Questions may also be sent via email, to the following address:

Cripps.Christopher@epamail.epa.gov

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Intergovernmental relations, Nitrogen

dioxide, Ozone.

Dated: August 4, 1997.

Marcia E. Mulkey,

Acting Regional Administrator, Region III.

40 CFR part 52, subpart VV of Chapter

I, title 40 is amended as follows:

PART 52—[AMENDED]

1. The authority citation for Part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart VV—Virginia

§ 52.2428 [Removed]

2. Section 52.2428 is removed.

[FR Doc. 97–21538 Filed 8–13–97; 8:45 am]

BILLING CODE 6560–50–P

GENERAL SERVICES

ADMINISTRATION

41 CFR Part 101–37

[FPMR Amdt. G–112]

RIN 3090–AG54

Management, Use, and Disposal of

Government Aircraft Parts

AGENCY: Office of Governmentwide

Policy, GSA.

ACTION: Final rule.

SUMMARY: This regulation provides

policy on the management and disposal

of Government-owned aircraft parts.

This change is issued to address safety

concerns that surplus Government

aircraft parts are distributed without

proper documentation and control, and

to establish procedures to ensure that

only eligible parts are made available for

transfer and donation purposes.

EFFECTIVE DATE: August 14, 1997.

FOR FURTHER INFORMATION CONTACT:

Peter Zuidema, Director, Aircraft

Management Policy Division (MTA),

202–219–1377.

SUPPLEMENTARY INFORMATION: The

General Services Administration (GSA)

has determined that this rule is not a

significant regulatory action for the

purposes of Executive Order 12866.

Regulatory Flexibility Act

This rule is not required to be

published in the Federal Register for

notice and comment. Therefore, the

Regulatory Flexibility Act does not

apply.

Paperwork Reduction Act

GSA has determined that the

Paperwork Reduction Act (44 U.S.C.

chapter 35) does not apply because this

regulation does not contain any

information collection requirements that

require the approval of the Office of

Management and Budget. This rule also

is exempt from Congressional review

prescribed under 5 U.S.C. 801 since it

relates solely to agency management

and personnel. This rule is written in a

‘‘plain English’’ style.

What is the ‘‘plain English’’ style of

regulation writing?

The ‘‘plain English’’ style of

regulation writing is a new, simpler to

read and understand, question and

answer regulatory format.

How does the plain English style of

regulation writing affect employees?

A question and its answer combine to

establish a rule. The employee and the

agency must follow the language

contained in both the question and its

answer.

List of Subjects in 41 CFR Part 101–37

Aircraft, Government property

management.

For the reasons set forth in the

preamble, 41 CFR part 101–37 is

amended as follows:

PART 101–37—[AMENDED]

1. The authority citation for Part 101–

37 continues to read as follows:

Authority: Sec. 205(c), 63 Stat. 390; 40

U.S.C. 486(c); the Budget and Accounting Act

of 1921, as amended; the Budget and

Accounting Procedures Act of 1950, as

amended; Reorganization Plan No. 2 of 1970;

Executive Order 11541; and OMB circular

No. A–126 (Revised May 22, 1992).

2. Section 101–37.100 is amended by

adding in alphabetical order the

following definitions:

§ 101–37.100 Definitions.

* * * * *

Aircraft part means any part,

component, system, or assembly

primarily designated for aircraft.

* * * * *

Criticality Code is the one-digit code

assigned by Department of Defense to

designate an aircraft part as a Flight

Safety Critical Aircraft Part (FSCAP).

* * * * *

Flight Safety Critical Aircraft Part

(FSCAP) means any 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.

* * * * *

Military surplus aircraft part is an

aircraft part that has been released as

surplus by the military, even if

subsequently resold by manufacturers,

owner/operators, repair facilities, or any

other parts supplier.

* * * * *

Production approval holder is the

holder of a Federal Aviation

Administration Production Certificate

(PC), Approved Production Inspection

System (APIS), Parts Manufacturer

Approval (PMA), or Technical Standard

Order (TSO) who controls the design

and quality of a product or part thereof,

in accordance with Part 21 of the

Federal Aviation Regulations (14 CFR

21.305).

* * * * *

Replacement means the process of

acquiring property specifically to be

used in place of property which is still

needed but will no longer adequately

perform all the tasks for which it was

used.

* * * * *

Unsalvageable aircraft part is an

aircraft part which cannot be restored to

an airworthy condition due to its age,

physical condition, a non-repairable

defect, insufficient documentation, or

non-conformance with applicable

specifications. For additional

information on disposition of such parts

refer to FAA Advisory Circular No. 21–

38, or other current applicable

guidelines.

3. Subpart 101–37.6 is added to read

as follows:

Subpart 101–37.6—Management, Use, and

Disposal of Government Aircraft Parts

Sec.

101–37.600 What does this subpart do?

101–37.601 What responsibilities does the

owning/operating agency have in the

management and use of Government

aircraft parts?

101–37.602 Are there special requirements

in the management, use and disposal of

military Flight Safety Critical Aircraft

Parts (FSCAP)?

101–37.603 What are the owning/operating

agency’s responsibilities in reporting

excess Government aircraft parts?

101–37.604 What are the procedures for

transferring and donating excess and

surplus Government aircraft parts?

101–37.605 What are the receiving agency’s

responsibilities in the transfer and

donation of excess and surplus

Government aircraft parts?
Federal Register / Vol. 62, No. 157 / Thursday, August 14, 1997 / Rules and Regulations 43473

101–37.606 What are the GSA approving

official’s responsibilities in transferring

and donating excess and surplus

Government aircraft parts?

101–37.607 What are the State Agency’s

responsibilities in the donation of

surplus Government aircraft parts?

101–37.608 What are the responsibilities of

the Federal agency conducting the sale of

Government aircraft parts?

101–37.609 What are the procedures for

mutilating unsalvageable aircraft parts?

101–37.610 Are there special procedures for

the exchange/sale of Government aircraft

parts?

Subpart 101–37.6—Management, Use,

and Disposal of Government Aircraft

Parts

§ 101–37.600 What does this subpart do?

This subpart prescribes special

policies and procedures governing the

management, use, and disposal of

Government-owned aircraft parts.

§ 101–37.601 What responsibilities does

the owning/operating agency have in the

management and use of Government

aircraft parts?

(a) The owning/operating agency is

responsible for ensuring the continued

airworthiness of an aircraft, including

replacement parts. The owning/

operating agency must ensure that

replacement parts conform to an

approved type design, have been

maintained in accordance with

applicable standards, and are in

condition for safe operation.

(b) In evaluating the acceptability of a

part, the owning/operating agency

should review the appropriate log books

and historical/maintenance records. The

maintenance records must contain the

data set forth in the latest version of

Federal Aviation Administration (FAA)

Advisory Circular 43–9. When the

quality and origin of a part is

questionable, the owning/operating

agency should seek guidance from the

local FAA Flight Standards District

Office (FSDO) in establishing the part’s

airworthiness eligibility.

§ 101–37.602 Are there special

requirements in the management, use, and

disposal of military Flight Safety Critical

Aircraft Parts (FSCAP)?

(a) Yes. Any aircraft part designated

by the Department of Defense as a

FSCAP must be identified with the

appropriate FSCAP Criticality Code

which must be perpetuated on all

documentation pertaining to such parts.

(b) A military FSCAP may be installed

on a FAA type-certificated aircraft

holding either a restricted or standard

airworthiness certificate, provided the

part is inspected and approved for such

installation in accordance with the

applicable Federal Aviation

Regulations.

(c) If a FSCAP has no maintenance or

historical records with which to

determine its airworthiness, it must be

mutilated and scrapped in accordance

with § 101–37.609. However, FSCAP

still in its original unopened package,

and with sufficient documentation

traceable to the Production Approval

Holder (PAH), need not be mutilated.

Undocumented FSCAP with no

traceability to either the original

manufacturer or PAH must not be made

available for transfer or donation. For

assistance in the evaluation of FSCAP,

contact the local FAA Flight Standards

District Office (FSDO).

§ 101–37.603 What are the owning/

operating agency’s responsibilities in

reporting excess Government aircraft

parts?

(a) The owning/operating agency must

report excess aircraft parts to GSA in

accordance with the provisions set forth

in part 101–43 of this chapter. The

owning/operating agency must indicate

on the reporting document if any of the

parts are life-limited parts and/or

military FSCAP, and ensure that tags

and labels, applicable historical data

and maintenance records accompany

these aircraft parts.

(b) The owning/operating agency

must identify excess aircraft parts which

are unsalvageable according to FAA or

DOD guidance, and ensure that such

parts are mutilated in accordance with

§ 101–37.609. The owning/operating

agency should not report such parts to

GSA.

§ 101–37.604 What are the procedures for

transferring and donating excess and

surplus Government aircraft parts?

(a) Transfer and donate excess and

surplus aircraft parts in accordance with

part 101–43, Utilization of Personal

Property, and part 101–44, Donation of

Personal Property.

(b) Unsalvageable aircraft parts must

not be issued for transfer or donation;

they must be mutilated in accordance

with § 101–37.609.

§ 101–37.605 What are the receiving

agency’s responsibilities in the transfer or

donation of excess and surplus

Government aircraft parts?

(a) The receiving agency must verify

that all applicable labels and tags, and

historical/modification records are

furnished with the aircraft parts. The

receiving agency must also ensure the

continued airworthiness of these parts

by following proper storage, protection

and maintenance procedures, and by

maintaining appropriate records

throughout the life cycle of these parts.

(b) The receiving agency must

perpetuate the DOD-assigned Criticality

Code on all property records of acquired

military FSCAP. The receiving agency

must ensure that flight use of military

FSCAP on civil aircraft meets all

Federal Aviation Regulation

requirements.

(c) The receiving agency must certify

and ensure that when a transferred or

donated part is no longer needed, and

the part is determined to be

unsalvageable, the part must be

mutilated in accordance with § 101–

37.609 and properly disposed.

§ 101–37.606 What are the GSA approving

official’s responsibilities in transferring and

donating excess and surplus Government

aircraft parts?

(a) The GSA approving official must

review transfer documents of excess and

surplus aircraft parts for completeness

and accuracy, and ensure that the

certification required in § 101–37.605(c)

is included in the transfer document.

(b) The GSA approving official must

also ensure the following statement is

included on the SF123, Transfer Order

Surplus Personal Property:

‘‘Due to the critical nature of aircraft parts

failure and the resulting potential safety

threat, recipients of aircraft parts must ensure

that any parts installed on a civil aircraft

meet applicable Federal Aviation

Administration Regulations, and that

required certifications are obtained. The

General Services Administration makes no

representation as to a part’s conformance

with FAA requirements.’’

§ 101–37.607 What are the State Agency’s

responsibilities in the donation of surplus

Government aircraft parts?

(a) The State Agency must review

donation transfer documents for

completeness and accuracy, and ensure

that the certification provisions set forth

in § 101–37.605(c) is included in the

transfer documents.

(b) The State Agency must ensure that

when a donated part is no longer

needed, and the part is determined to be

unsalvageable, the donee mutilates the

part in accordance with § 101–37.609.

§ 101–37.608 What are the responsibilities

of the Federal agency conducting the sale

of Government aircraft parts?

(a) The Federal agency must sell

Government aircraft parts in accordance

with the provisions set forth in Part

101–45, Sale, Abandonment, or

Destruction of Personal Property of this

chapter.

(b) The Federal agency must ensure

that the documentation required

pursuant to § 101–37.603(a)

accompanies the parts at the time of

sale, and that sales offerings on aircraft

parts contain the following statement:
43474 Federal Register / Vol. 62, No. 157 / Thursday, August 14, 1997 / Rules and Regulations

1United States Telephone Association v. FCC, 28

F.3d 1232 (1994).

2 In the Matter of the Commission’s Forfeiture

Policy Statement and Amendment of Section 1.80

of the Rules to Incorporate the Forfeiture

Guidelines, 10 FCC Rcd 2945 (1995), 60 FR 10056

(February 23, 1995).

‘‘Purchasers are warned that the parts

purchased herewith may not be in

compliance with applicable Federal Aviation

Administration requirements. Purchasers are

not exempted from and must comply with

applicable Federal Aviation Administration

requirements. Purchasers are solely

responsible for all FAA inspections and/or

modifications necessary to bring the

purchased items into compliance with 14

CFR (Code of Federal Regulations).’’

(c) The Federal agency must ensure

that the following certification is

executed by the purchaser and received

by the Government prior to releasing

such parts to the purchaser:

‘‘The purchaser agrees that the Government

shall not be liable for personal injuries to,

disabilities of, or death of the purchaser, the

purchaser’s employees, or to any other

persons arising from or incident to the

purchase of this item, its use, or disposition.

The purchaser 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 or resale of this item.’’

§ 101–37.609 What are the procedures for

mutilating unsalvageable aircraft parts?

(a) Identify unsalvageable aircraft

parts which require mutilation.

(b) Mutilate unsalvageable aircraft

parts so they can no longer be utilized

for aviation purposes. Mutilation

includes destruction of the data plate,

removing the serial/lot/part number,

and cutting, crushing, grinding, melting,

burning, or other means which will

prevent the parts from being

misidentified or used as serviceable

aircraft parts. Obtain additional

guidance on the mutilation of

unsalvageable aircraft parts in FAA AC

No. 21–38, Disposition of Unsalvageable

Aircraft Parts and Materials.

(c) Ensure an authorized agency

official witnesses and documents the

mutilation, retain a signed certification

and statement of mutilation.

(d) If unable to perform the

mutilation, turn in the parts to a Federal

or Federally-approved facility for

mutilation and proper disposition.

Ensure that contractor performance is in

accordance with the provisions of this

part.

(e) Ensure that mutilated aircraft parts

are sold only as scrap.

§ 101–37.610 Are there special procedures

for the exchange/sale of Government

aircraft parts?

Yes. Executive agencies may exchange

or sell aircraft parts as part of a

transaction to acquire similar

replacement parts in accordance with

FPMR part 101–46. In addition to the

requirements of this subpart, agencies

must ensure that the exchange/sale

transaction is accomplished in

accordance with the methods and

procedures contained in part 101–46 of

this chapter, and comply with the

restrictions and limitations under § 101–

46.202 of this chapter.

(a) Prior to the proposed exchange/

sale, agencies should determine whether

the parts identified for disposition are

airworthy parts. For additional guidance

refer to the applicable FAA Advisory

Circular(s), or contact the local FAA

FSDO.

(b) At the time of exchange or sale,

agencies must ensure that applicable

labels and tags, historical data and

modification records accompany the

aircraft parts prior to release. The

records must contain the information

and content as required by current DOD

and FAA requirements for maintenance

and inspections.

(c) Life limited parts that have

reached or exceeded their life limits, or

which have missing or incomplete

documentation, must either be returned

to the FAA production approval holder

as part of an exchange transaction, or

mutilated in accordance with § 101–

37.609.

(d) Unsalvageable aircraft parts, other

than parts in paragraph (c) of this

section, must not be used for exchange/

sale purposes; they must be mutilated in

accordance with § 101–37.609.

Dated: July 7, 1997.

David J. Barram,

Administrator of General Services.

[FR Doc. 97–21388 Filed 8–13–97; 8:45 am]

BILLING CODE 6820–24–U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 1

[FCC 97–218]

Forfeiture Proceedings

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This order amends the

Commission’s rules to incorporate, as a

note to the rule, the Commission’s

policy statement regarding forfeitures

and a suggested schedule of base

forfeiture amounts. The policy

statement and schedule of base

forfeiture amounts is intended to

provide a measure of predictability and

uniformity to the process of assessing

forfeitures.

EFFECTIVE DATES: Effective October 14,

1997.

FOR FURTHER INFORMATION CONTACT:

Pamera D. Hairston, Compliance and

Information Bureau, (202) 418–1160.

SUPPLEMENTARY INFORMATION:

Adopted: June 19, 1997.

Released: July 28, 1997.

1. This rule making responds to the

concerns expressed by the U.S. Court of

Appeals for the District of Columbia

Circuit when it vacated the

Commission’s previous policy statement

in the decision, United States

Telephone Association v. FCC. 1 In that

decision, the Court stated that the

forfeiture guidelines used by the

Commission constituted a rule that was

adopted without notice and comment

proceedings as required by the

Administrative Procedure Act. In light

of the court’s decision, the Commission

initiated a Notice of Proposed Rule

making proceeding, 2 proposing that the

prior policy statement be adopted, but

requesting comments on all aspects of

the proposal. In addition, the

Commission requested specific

comment on: (a) Whether the

Commission should use guidelines to

assess forfeitures instead of the

traditional case-by-case approach; (b)

whether the guidelines proposed in the

notice of proposed rule making should

be modified; and (c) whether adjustment

factor ranges should be adopted.

2. After evaluation of the record, the

Commission adopted a Forfeiture Policy

Statement on June 19, 1997. The

majority of the commenters agreed that

a guideline based approach was

preferable to the traditional case-by-case

approach. One commenter disagreed

with the guideline approach and argued

that too much Commission discretion or

flexibility in the guidelines would invite

litigation. The Commission agreed with

the majority that guidelines would add

a measure of predictability and

uniformity to the forfeiture process.

Regardless of which approach is used,

Section 503 of the Act provides the

violators an opportunity to litigate the

facts underlying the violation in an

administrative law hearing or a trial de

novo. We do not believe, therefore, that

the potential for litigation should

preclude us from providing necessary

guidance in the forfeiture process. Thus,

the Commission expressly retains its

discretion to depart from the guidelines

where warranted by the facts of the case.