[Federal Register Volume 87, Number 58 (Friday, March 25, 2022)]
[Proposed Rules]
[Pages 17042-17047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05715]


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DEPARTMENT OF DEFENSE

Department of the Air Force

32 CFR Part 861

[Docket No. USAF-2019-HQ-0010]
RIN 0701-AA88


Department of Defense Commercial Air Transportation Quality and 
Safety Review Program

AGENCY: Department of the Air Force, Department of Defense.

ACTION: Proposed rule.

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SUMMARY: The Department of the Air Force (DAF) proposes to amend 
portions of its regulations in order to update and clarify references 
and terminology relating to the Department of Defense (DOD) Commercial 
Air Transportation Quality and Safety Review Program. It also extends 
to DOD contracts for charter air transportation services the existing 
DOD policy prohibiting the use of foreign air carriers who are not in 
compliance with International Civil Aviation Organization standards.

DATES: Comments must be received by May 24, 2022.

ADDRESSES: You may submit comments, identified by docket number and or 
Regulation Identifier Number (RIN) and title, by any of the following 
methods:
    <bullet> Federal Rulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Mail: DOD cannot receive written comments at this time due 
to the COVID-19 pandemic. Comments should be sent electronically to the 
docket listed above.
    Instructions: All submissions received must include the agency name 
and docket number or RIN for this Federal Register document. The 
general policy for comments and other submissions from members of the 
public is to make these submissions available for public viewing at 
https://www.regulations.gov as they are received without change, 
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Matthew Berry, DOD Commercial Airlift 
Division, AMC/A3B, 402 Scott Drive, Unit 3A1, Scott Air Force Base, 
Illinois 62225-5302, (618) 229-2082, <a href="/cdn-cgi/l/email-protection#7d101c090915180a531f180f0f043d080e531c1b53101411"><span class="__cf_email__" data-cfemail="8ae7ebfefee2effda4e8eff8f8f3cafff9a4ebeca4e7e3e6">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Defense Commercial Air Transportation Quality and 
Safety Review Program establishes the safety requirements and criteria 
for evaluating civil air carriers, to include foreign air carriers, 
providing air transportation to the DOD. As stated in 32 CFR 861.6, 
foreign air carriers providing or seeking to provide services to DOD 
are subject to review and, if appropriate, approval by DOD. Application 
of the criteria and requirements of this rule and the degree of 
oversight to be exercised by DOD over a foreign air carrier depends 
upon the type of services performed and, in some instances, by the 
quality of oversight exercised by the foreign air carrier's Civilian 
Aviation Authority (CAA). The scope and frequency of review of any 
given foreign air carrier under this rule will be at the discretion of 
the Commercial Airlift Review Board (CARB) or higher authority. This 
rule was last revised on October 28, 2002 (67 FR 65698), to add Sec.  
861.7 relating to the disclosure of voluntarily provided safety-related 
information and to make minor administrative adjustments. DOD's 
internal instruction associated with this rule was last updated on May 
7, 2021, as DOD Instruction (DODI) 4500.53, ``DoD Commercial Air 
Transportation Quality and Safety Review Program'' (available at 
https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/450053p.pdf?ver=2019-02-26-144429-747).

II. Authority for This Regulatory Action

    This action is authorized by 10 U.S.C. 113, 2640 and 9013. Sections 
113 and 9013 contain the authority of the Secretary of Defense and the 
Secretary of the Air Force, respectively, to publish regulations 
necessary for the functioning of the Department of Defense and the 
Department of the Air Force. Section 2640 requires the Secretary of 
Defense to establish the Department of Defense Commercial Airlift 
Review Board; specifies minimum requirements which must be

[[Page 17043]]

met by air carriers in order to be eligible for contracts to provide 
charter passenger air transportation services to the Department of 
Defense; and sets minimum requirements for an inspection regime. 
Further, section 2640 requires the Secretary of Defense to prescribe 
regulations to implement the requirements of section 2640. 
Additionally, section 2640 prescribes requirements relating to the 
provision, protection, and dissemination of safety-related information.

III. Summary of Proposed Changes to the Rule

    The proposed revisions clarify aircrew flying a charter mission on 
behalf of the Department of Defense must, without exception, have a 
minimum of 250 hours flying time in the type of aircraft being 
operated. The rule also proposes to elaborate and revise several 
aspects of the oversight program to more closely resemble Federal 
Aviation Administration processes, thus reducing complexity and the 
need to maintain duplicative and potentially conflicting processes.
    Every country has a National Aviation Authority, also known as a 
Civil Aviation Authority, which governs and regulates civil aviation. 
Each aviation authority oversees aircraft airworthiness, the licensing 
of pilots, air traffic controllers, flight dispatchers, and maintenance 
engineers, licensing of airports, and other aviation standards. The 
ultimate goal of these aviation authorities is aviation safety through 
regulation and oversight. All pilots must meet the standards of their 
respective countries where they fly. The regulations at 32 CFR 861.*(d) 
prohibit DOD personnel on official business, except for the first leg 
into and the last leg out of the U.S., from using foreign air carriers 
from countries in which the Civil Aviation Authority is not in 
compliance with International Civil Aviation Organization standards as 
determined by the International Civil Aviation Organization, or Federal 
Aviation Administration, or other aviation safety oversight body. This 
rule would extend that policy to any DOD contract for charter air 
transportation services with an air carrier.
    Major provisions include:
    (1) Amend Sec.  861.3, ``Definitions.'' The term ``Operational 
support services'' in paragraph (l) is proposed to be replaced with 
``Other commercial air services'' in order to be consistent with the 
statutory definition used by the Federal Aviation Administration in 
title 49, U.S. Code, section 40102(a)(41)(E). The substance of the 
definition is otherwise unchanged. This change in terminology will be 
made throughout part 861.
    (2) Amend Sec.  861.3, ``Definitions.'' The term ``paratroop 
drops'' is proposed to be deleted from the list of examples in the 
definition of ``Air transportation'' in paragraph (b), and inserted in 
the list of examples of ``Other commercial air services'' in paragraph 
(l). In addition, the terms ``target towing'', ``chaff dispensing'', 
and ``electronic countermeasures target flights'' have been deleted 
from the list of examples. Both changes are intended to more closely 
align with the statutory definitions of ``air transportation'' and 
``other commercial air services'' used by the Federal Aviation 
Administration in title 49, U.S. Code, sections 40102(a)(5) and 
40102(a)(41)(E), respectively.
    (3) Amend Sec.  861.4(e)(3)(vi), ``Aircrew scheduling.'' Paragraph 
(e)(3)(vi) currently requires the Captain and first officer flying 
Department of Defense charter passenger missions have at least 250 
hours of combined experience in the type of aircraft being operated. 
However, an exception to this requirement is provided for aircraft new 
to the air carrier. This rule proposes to delete this exception in 
order to ensure aircrew flying Department of Defense charter missions 
have adequate experience in the type of aircraft being flown.
    (4) Amend Sec.  861.4(e)(3)(ix), ``DOD charter procedures.'' 
Paragraph (e)(3)(ix) requires an air carrier have procedures reflecting 
that weights and balance information are used in computing aircraft 
weight and balance. A sentence is proposed to be added requiring that 
personnel loading an aircraft be adequately trained on aircraft loading 
and restraint, special cargo, weight and balance, and hazardous/
dangerous goods procedures. This revision would align the 
qualifications required for personnel loading an aircraft with recent 
Federal Aviation Administration cargo loading regulations and guidance 
in 14 CFR 121.665, 14 CFR 121.1001, Advisory Circular 120.85A and 
Flight Standards Information Manual System 8900.1 Volume 3, with which 
air carriers are already in compliance.
    (5) Amend Sec.  861.4(e)(4)(iii), ``Quality assurance.'' Paragraph 
(e)(4)(iii) addresses the requirement that an air carrier have a 
quality assurance program that analyzes the performance and 
effectiveness of maintenance activities and inspections. This 
requirement is alluded to in Sec.  861.4(e)(2). This change proposes to 
add language making clear that the Department of Defense will expect 
the air carrier to audit results of the program to determine the root 
cause of discrepancies.
    (6) Amend Sec.  861.4(e)(4)(vi), ``Maintenance control,'' is 
proposed to be revised to require that air carriers have programs in 
place to adequately plan for all maintenance requirements. While 
planning for maintenance is inherent in maintenance control and is 
implied in the words ``method to control maintenance activities'', this 
revision clarifies that formal programs are necessary and mirrors 
Federal Aviation Administration requirements.
    (7) Amend Sec.  861.5, ``DOD Commercial Airlift Review Board 
procedures,'' is proposed to be revised to replace ``CINCTRANS'' with 
``CDRUSTRANSCOM'' wherever ``CINCTRANS'' appears. This reflects a 
change in the acronym used to refer to the Commander of the United 
States Transportation Command.
    (8) Amend Sec.  861.6(d), ``DOD review of foreign air carriers,'' 
is proposed to be revised to add a sentence reflecting an established, 
longstanding Department of Defense policy in Department of Defense 
Instruction 4500.53, of not contracting with foreign air carriers from 
countries whose Civil Aviation Authority has been determined to not 
meet International Civil Aviation Organization standards.

IV. Expected Impact of This Proposed Rule

Affected Population

    Providers of air transportation and other commercial air services 
to the Department of Defense consist of approximately 100 U.S. air 
carriers and operators offering services under parts 105, 121, 125, 
133, and 135 of the Federal Aviation Regulations (FARs) of title 14 
CFR, and foreign air carriers and operators offering services under the 
equivalent Civil Aviation Authority regulations applicable to their 
operations. Both U.S. and foreign air carriers and operators range from 
large corporations with hundreds of aircraft, to small entities 
operating a handful of aircraft. Whether domestic or foreign, and 
regardless of size, air carriers and operators offering air 
transportation or other commercial air services to the Department of 
Defense must meet the requirements specified by law and this rule to be 
eligible for Department business, and must comply with the oversight 
requirements of the law and this rule to remain eligible for Department 
business. Changes proposed in this rule should not prompt air carriers 
or operators to either leave or join the air carrier survey and 
analysis program. Additionally, the proposed changes will not expand or 
contract carrier eligibility to participate in the

[[Page 17044]]

program. Furthermore, the proposed changes will not impact the overall 
economics for carriers in the aviation industry marketplace. This 
proposed rule is not expected to impact on the public or state, local, 
or tribal governments.

Costs

    This rule has been was first promulgated in 1987 (see 52 FR 37609 
(October 8, 1987)). The proposed revisions are not expected to increase 
costs compliance. Although several revisions alter minor aspects of the 
existing oversight program, they are intended to streamline oversight 
processes by more closely aligning them with current Federal Aviation 
Administration guidance. This harmonization may decrease costs for U.S. 
carriers although these savings may not be appreciable. Operators of 
paratroop drop services may realize slightly more appreciable savings 
as a result of being considered a provider of ``other commercial air 
services'' rather than of ``air transportation services,'' since the 
latter results in an increased level of oversight. Conversely, the 
failure to enact the proposed changes may result in increased costs to 
U.S. air carriers and operators as specific requirements and procedures 
of this program increasingly diverge from those required by the FAA, 
requiring that separate compliance processes be maintained that cover 
the same substantive area.

Benefits

    The affected air carriers and operators will benefit from the 
clarifications, updated information, and alignment of processes with 
those of the Federal Aviation Administration resulting from this 
proposed revision. This, in turn, should lead to a more effective 
safety oversight program, benefitting them, the Department of Defense, 
members of the armed forces transported on the contracted aircraft, and 
the public at large.

Alternatives

    The basic parameters of the program described in this Part are 
specified in section 2640 of title 10, U.S. Code, and serve to limit 
the scope of alternatives available.
    <bullet> No action: This alternative would leave the existing rule 
in place without change. Parts of this rule are obsolete as a result of 
changes in terminology, responsible offices, and the evolution of 
technology since 2002. No action would also result in the loss of an 
opportunity to incorporate lessons learned since the last revision in 
2002. The rule would consequently continue to become less effective 
over time, as the FAA adopts updated, more stringent standards and 
practices that are not reflected in the DOD standards and practices 
reflected in this rule. This course of action is therefore not 
preferred.
    <bullet> Expansion of the scope of the oversight program. Expansion 
of the scope of the oversight program would go beyond that which is 
necessary to ensure the safe transportation of members of the armed 
forces as well as beyond the scope of what the law requires. This 
course of action is therefore not preferred, as it would impose 
increased costs on the Department of Defense and all affected parties 
to no discernable end.
    <bullet> Contracting the scope of the oversight program. 
Contracting the scope of the oversight program would result in a 
failure to do as the law requires, although it would be less burdensome 
and expensive for the affected parties. Consequently, this course of 
action is not preferred.

Regulatory Reviews

Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distribute impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has been designated as a ``significant 
regulatory action'' but not economically significant under section 3(f) 
of Executive Order 12866.

Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq. generally 
provides before a rule may take effect, the agency promulgating the 
rule must submit a rule report, which includes a copy of the rule, to 
each House of the Congress and to the Comptroller General of the United 
States. The DAF will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States.

National Environmental Policy Act

    The DAF has determined the proposed amendments of the Department of 
Defense Commercial Air Transportation Quality and Safety Review Program 
is not a major federal action within the meaning of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The proposed 
amendments do not result in any impacts to human health or the 
environment.

Paperwork Reduction Act

    It has been determined this regulatory action does not impose 
reporting or recordkeeping requirements under the Paperwork Reduction 
Act (44 U.S.C. 3501 et seq.).

Regulatory Flexibility Act

    The DAF has certified this regulatory action is not subject to the 
relevant provisions of the Regulatory Flexibility Act of 1980 (5 U.S.C. 
605(b)). The Secretary of the Air Force has certified that this rule is 
exempt from the requirements of the Regulatory Flexibility Act, 5 
U.S.C. 601 to 612, because this rule does not have a significant 
economic impact on small entities as defined by the Act, and does not 
impose any obligatory information requirements beyond internal DAF use.

Unfunded Mandates Reform Act (UMRA)

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) (2 
U.S.C. 1532) requires agencies to assess anticipated costs and benefits 
before issuing any rule whose mandates require spending in any one year 
of $100 million in 1995 dollars, updated annually for inflation. This 
regulatory action does not contain any unfunded mandate as described in 
UMRA, and does not significantly or uniquely affect small governments. 
This action only addresses the Department of Defense Commercial Air 
Transportation Quality and Safety Review Program.

Executive Order 13132: Federalism

    Executive Order 13132 establishes certain requirements an agency 
must meet when it promulgates a proposed rule (and subsequent final 
rule) that imposes substantial direct requirement costs on State and 
local governments, preempts State law, or otherwise has federalism 
implications. The DAF has determined this regulatory action does not 
contain policies with federalism as that term is defined in E.O. 13132.

[[Page 17045]]

List of Subjects in 32 CFR Part 861

    Administrative practice and procedure, Air carriers, Aviation 
safety, Military air transportation.
    Accordingly, 32 CFR part 861 is proposed to be amended as follows:

PART 861--DEPARTMENT OF DEFENSE COMMERCIAL AIR TRANSPORTATION 
QUALITY AND SAFETY REVIEW PROGRAM

0
1. The authority citation for part 861 is revised to read as follows:

    Authority:  10 U.S.C. 113, 2640, 9013.


Sec.  861.1  [Amended]

0
2. Amend Sec.  861.1(b) by removing the word ``Directive'' and adding 
in its place the word ``Instruction''.


Sec.  861.2  [Amended]

0
3. Amend Sec.  861.2 by:
0
a. Removing the word ``Directive'' and adding in its place the word 
``Instruction''.
0
b. Removing the words ``Commander-in-Chief (CINC)'' and adding in their 
place ``Commander''.
0
c. Removing the word ``USTRANSCOM'' and adding in its place the word 
``CDRUSTRANSCOM''.
0
d. Removing the words ``the CINC'' and adding in their place the words 
``the CDRUSTRANSCOM''.
0
4. Amend Sec.  861.3 by:
0
a. In paragraph (b), removing the words ``paratrooper drops''.
0
b. In paragraph (f)(3), removing the words ``Commander-in-Chief'' and 
adding ``Commander'' in their place and removing ``, or USCINCTRANS''.
0
c. Revising paragraphs (f)(4) and (l).
    The revisions read as follows:


Sec.  861.3  Definitions.

* * * * *
    (f) * * *
    (4) Secretary of Defense.
* * * * *
    (l) Other commercial air services. Flights performed by air 
carriers that use fixed or rotary-winged aircraft to provide services 
other than air transportation services as defined in paragraph (b) of 
this section. Examples include, but are not limited to, paratroop 
drops, range instrumentation and services, and sling loads. Air 
carriers providing only other commercial air services do not require 
advance DOD approval and are not subject to the initial or periodic on-
site survey requirements under this part, unless specified in paragraph 
(b) or directed by the CARB or higher authority. All air carriers 
providing other commercial air services to DOD must have a FAA or CAA 
certificate and are required to maintain applicable FAA or CAA 
standards absent deviation authority obtained pursuant to 14 CFR 119.55 
or similar CAA rules.
* * * * *
0
5. Amend Sec.  861.4 by:
0
a. In paragraph (b)(3), adding the words ``as specified in the 
reference in Sec.  861.1(b) or'' after the words ``this part may,''.
0
b. In paragraph (c)(2), removing the letters ``DOB'' and adding in 
their place ``A3B''.
0
c. In paragraph (e)(1)(ii), removing ``FAA part 121, 125, 127, or 135 
(14 CFR 121, 125, 127, or 135)'' and adding in its place ``FAA part 121 
or 135 (14 CFR part 121 or 135)''.
0
d. In paragraph (e)(1)(iii):
0
i. In Example 1, removing ``DC-10'' wherever it appears and adding in 
its place ``B-767''.
0
ii. In Example 2:
0
A. Removing ``MD-11'' wherever it appears and adding in its place ``B-
767''; and
0
B. Removing ``B-757'' wherever it appears and adding in its place ``A-
330''.
0
e. Revising the final sentence of paragraph (e)(3)(iv).
0
f. Revising paragraph (e)(3)(vi).
0
g. In paragraph (e)(3)(viii), adding a sentence at the end of the 
paragraph.
0
h. In paragraph (e)(3)(ix), adding a sentence at the end of the 
paragraph.
0
i. Revising paragraph (e)(4).
    The revisions and additions read as follows:


Sec.  861.4  DOD air transportation quality and safety requirements.

* * * * *
    (e) * * *
    (3) * * *
    (iv) * * * Training received is documented, and established 
processes ensure that documentation is maintained in a current status.
* * * * *
    (vi) Aircrew scheduling. A closely monitored system that evaluates 
operational risks, experience levels of crewmembers, and ensures the 
proper pairing and qualification of aircrews on all flights is 
required. New captains are scheduled with highly experienced first 
officers, and new or low-time first officers are scheduled with 
experienced captains. Captains and first officers assigned to DOD 
charter passenger missions possess at least 250 hours combined 
experience in the type aircraft being operated. The scheduling system 
involves an established flight duty time program for aircrews, 
including flight attendants, carefully managed so as to ensure proper 
crew rest and considers quality-of-life factors. Attention is given to 
the stress on aircrews during strikes, mergers, or periods of labor-
management difficulties.
* * * * *
    (viii) * * * Personnel assigned these duties are properly trained 
and certificated if required.
    (ix) * * * Personnel responsible for the loading of aircraft 
receive appropriate initial and recurrent training on aircraft loading 
and restraint, special cargo, weight and balance, and hazardous/
dangerous goods procedures.
* * * * *
    (4) Quality and safety requirements--maintenance--(i) Management. 
Maintenance supervisors ensure all personnel understand that in spite 
of scheduling pressure, peer pressure, supervisory pressure, or other 
factors, the airplane must be airworthy prior to flight. Passenger and 
employee safety is a paramount management concern. Quality, 
completeness, and integrity of work are trademarks of the maintenance 
manager and maintenance department. Nonconformance to established 
maintenance practices is not tolerated. Management ensures contracted 
maintenance, including repair and overhaul facilities, is performed by 
maintenance organizations acceptable to the CAA.
    (ii) Maintenance personnel. Air carriers are expected to hire and 
train the number of employees required to safely maintain the company 
aircraft and support the scope of the maintenance operations both at 
home station (the company's primary facility) and at en route 
locations. These personnel ensure that all maintenance tasks, including 
required inspections and airworthiness directives, are performed; that 
maintenance actions are properly documented, and that the discrepancies 
identified between inspections are corrected. Mechanics are fit for 
duty, properly certificated, the company verifies certification, and 
these personnel possess the knowledge and the necessary aircraft-
specific experience to accomplish the maintenance tasks. Noncertified 
and inexperienced personnel received proper supervision. Freedom from 
alcohol abuse and illegal drugs is required.
    (iii) Quality assurance. A system which continuously analyzes the 
performance and effectiveness of maintenance activities and maintenance 
inspection programs is required. This system evaluates such functions 
as reliability reports, audits, component tear-down reports, inspection 
procedures and results, tool calibration

[[Page 17046]]

program, real-time aircraft maintenance actions, warranty programs, and 
other maintenance functions. The extent of this program is directly 
related to the air carrier's size and scope of operation. Audit results 
are analyzed in order to determine the root cause of discrepancies. The 
cause of any recurring discrepancy or negative trend is researched and 
eliminated. Action is taken to prevent recurrence of these 
discrepancies and preventive actions are monitored to ensure 
effectiveness. The results of preventive actions are provided to 
appropriate maintenance technicians. Also required is a system to 
evaluate contract vendors, suppliers, and their products.
    (iv) Maintenance inspection activity. A process to ensure required 
aircraft inspections are completed and the results properly documented 
is required. Inspection personnel are identified, trained (initial and 
recurrent), and provided guidance regarding inspector responsibility 
and authority. The inspection activity is normally a separate entity 
within the maintenance department.
    (v) Maintenance training. Training is conducted commensurate with 
the size and type of maintenance functions being performed. Continuing 
education and progressive experience are provided for all maintenance 
personnel. Orientation, familiarization, on-the-job, and appropriate 
recurrent training for all full and part-time personnel are expected. 
The use of such training aids as mockups, simulators, and computer-
based training enhances maintenance training efforts and is desired. 
Training documentation is required; it is current, complete, well 
maintained, and correctly identifies any special authorization such as 
inspection and airworthiness release. Trainers are fully qualified in 
the subject manner.
    (vi) Maintenance control/planning. A method to control maintenance 
activities, track program requirements, and track aircraft status is 
required. Qualified personnel monitor maintenance preplanning, ensure 
completion of maintenance actions, and track deferred discrepancies. 
Deferred maintenance actions are identified to supervisory personnel 
and corrected in accordance with the criteria provided by the 
manufacturer or regulatory agency. Constant and effective 
communications between maintenance and flight operations ensure an 
exchange of critical information. In addition, programs are in place 
that adequately plan for all maintenance requirements.
    (vii) Aircraft maintenance program. Aircraft are properly certified 
and maintained in a manner that ensures they are airworthy and safe. 
The program includes the use of manufacturer's and CAA information, as 
well as company policies and procedures. Airworthiness directives are 
complied with in the prescribed time frame, and service bulletins are 
evaluated for applicable action. Approved reliability programs are 
proactive, providing management with visibly on the effectiveness of 
the maintenance program; attention is given to initial component and 
older aircraft inspection intervals and to deferred maintenance 
actions.
    (viii) Maintenance records. Maintenance actions are well documented 
and provide a complete record of maintenance accomplished and 
maintenance required. Such records as aircraft log books and 
maintenance documentation are legible, dated, clean, readily 
identifiable, and maintained in an orderly fashion. Inspection 
compliance, airworthiness release, and maintenance release records, 
etc., are completed and signed by approved personnel.
    (ix) Aircraft appearance. Aircraft exteriors, including all visible 
surfaces and components, are clean and well maintained. Interiors are 
also clean and orderly. Required safety equipment and systems are 
available and operable.
    (x) Fueling and servicing. Aircraft fuel is free from 
contamination, and company fuel facilities (farms) are inspected and 
results documented. Procedures and instructions pertaining to 
servicing, handling, and storing fuel and oil meet established safety 
standards. Procedures for monitoring and verifying vendor servicing 
practices are included in this program.
    (xi) Maintenance manuals. Company policy manuals and manufacturer's 
maintenance manuals are current, available, clear, complete, and 
adhered to by maintenance personnel. These manuals provide maintenance 
personnel with standardized procedures for maintaining company 
aircraft. Management policies, lines of authority, and company 
maintenance procedures are documented in company manuals and kept in a 
current status.
    (xii) Maintenance facilities/stores. Well maintained, clean 
maintenance facilities, adequate for the level of aircraft repair 
authorized in the company's CAA certificate are expected. Safety 
equipment is available in hangars, shops, etc., and is serviceable. 
Special tools and equipment are properly calibrated and managed. 
Shipping, receiving, and stores areas are likewise clean and orderly. 
Parts are correctly packaged, tagged, segregated, and shelf life 
properly monitored.
* * * * *


Sec.  861.5  [Amended]

0
6. Amend Sec.  861.5 by:
0
b. In paragraph (b), adding the words ``as specified in the reference 
in Sec.  861.1(b) or'' after the words ``services to DOD which,''.
0
b. In paragraphs (f)(1) and (3) and (g)(4)(i), removing the word 
``USCINCTRANS'' and adding in its place the words ``the 
CDRUSTRANSCOM''.
0
c. In paragraph (g)(5), removing ``USCINCTRANS'' and ``(Acquisition, 
Technology and Logistics) (USD(AT&L))'' and adding ``the 
CDRUSTRANSCOM'' and ``(Acquisition and Sustainment) (USD(A&S))'' in 
their places, respectively.
0
7. Amend Sec.  861.6 by revising paragraph (d) to read as follows:


Sec.  861.6  DOD review of foreign air carriers.

* * * * *
    (d) Foreign air carriers from countries in which the CAA is not in 
compliance with ICAO standards. DOD will not contract for charter air 
transportation services with an air carrier from a country in which the 
CAA is not in compliance with ICAO standards. Unless otherwise 
authorized, use of foreign air carriers by DOD personnel on official 
business from countries in which the CAA is not in compliance with ICAO 
standards is prohibited except for the last leg into and the first leg 
out of the U.S. on such carriers. This includes foreign air carriers 
performing any portion of a route awarded to a U.S. air carrier under 
the GSA City Pair Program pursuant to a code-sharing agreement with 
that U.S. air carrier.
* * * * *


Sec.  Sec.  861.2, 861.3, 861.4, 861.5, and 861.6  [Amended]

0
8. In addition to the amendments set forth above, in 32 CFR part 861, 
remove the words ``operational support'' and add in their place the 
words ``other commercial air'' in the following places:
0
a. Section 861.2 (2 places);
0
b. Section 861.3(a), (e) and (l)-(2 places);
0
c. Section 861.4(a)-(2 places), (b)(3), (c)(3), and (d);
0
d. Section 861.5(b), (e), (g)(2)(v) and (g)(5); and
0
e. Section 861.6(f).


Sec.  Sec.  861.3, 861.4, and 861.5  [Amended]

0
9. In addition to the amendments set forth above, in 32 CFR part 861, 
remove the words ``Air Carrier Survey and Analysis Office'' and add in 
their place

[[Page 17047]]

the words ``Commercial Airlift Division'' in the following places:
0
a. Section 861.3(e), (f)(1), and (k);
0
b. Section 861.4(c)(2); and (e)
0
c. Section 861.5(e), (g)(2)(i), (g)(2)(iii)(A), and (g)(4)(i).
0
d. Section 861.6(c)

Adriane S. Paris,
Department of the Air Force Federal Register Liaison Officer.
[FR Doc. 2022-05715 Filed 3-24-22; 8:45 am]
BILLING CODE 5001-10-P


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