Federal Register / Vol. 60, No. 11 / Wednesday, January 18, 1995 / Rules and Regulations 3547

regulation deemed objectionable and the

grounds for the objections (40 CFR

178.25). Each objection must be

accompanied by the fee prescribed by

40 CFR 180.33(i). If a hearing is

requested, the objections must include a

statement of the factual issue(s) on

which a hearing is requested, the

requestor’s contentions on such issues,

and a summary of any evidence relied

upon by the objector (40 CFR 178.27). A

request for a hearing will be granted if

the Administrator determines that the

material submitted shows the following:

There is a genuine and substantial issue

of fact; there is a reasonable possibility

that available evidence identified by the

requestor would, if established, resolve

one or more of such issues in favor of

the requestor, taking into account

uncontested claims or facts to the

contrary; and resolution of the factual

issue(s) in the manner sought by the

requestor would be adequate to justify

the action requested (40 CFR 178.32).

Under Executive Order 12866 (58 FR

51735, Oct. 4, 1993), the Agency must

determine whether the regulatory action

is ‘‘significant’’ and therefore subject to

review by the Office of Management and

Budget (OMB) and the requirements of

the Executive Order. Under section 3(f),

the order defines a ‘‘significant

regulatory action’’ as an action that is

likely to result in a rule (1) having an

annual effect on the economy of $100

million or more, or adversely and

materially affecting a sector of the

economy, productivity, competition,

jobs, the environment, public health or

safety, or State, local, or tribal

governments or communities (also

referred to as ‘‘economically

significant’’); (2) creating serious

inconsistency or otherwise interfering

with an action taken or planned by

another agency; (3) materially altering

the budgetary impacts of entitlement,

grants, user fees, or loan programs or the

rights and obligations of recipients

thereof; or (4) raising novel legal or

policy issues arising out of legal

mandates, the President’s priorities, or

the principles set forth in this Executive

Order.

Pursuant to the terms of the Executive

Order, EPA has determined that this

rule is not ‘‘significant’’ and is therefore

not subject to OMB review.

Pursuant to the requirements of the

Regulatory Flexibility Act (Pub. L. 96–

354, 94 Stat. 1164, 5 U.S.C. 601–612),

the Administrator has determined that

regulations establishing new tolerances

or raising tolerance levels or

establishing exemptions from tolerance

requirements do not have a significant

economic impact on a substantial

number of small entities. A certification

statement to this effect was published in

the Federal Register of May 4, 1981 (46

FR 24950).

List of Subjects in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: January 5, 1995.

Steven L. Johnson,

Director, Registration Division, Office of

Pesticide Programs.

Therefore, 40 CFR part 180 is

amended as follows:

PART 180—[AMENDED]

1. The authority citation for part 180

continues to read as follows:

Authority: 21 U.S.C. 346a and 371.

2. In § 180.473, by revising paragraph

(b), to read as follows:

§ 180.473 Glufosinate ammonium;

tolerances for residues.

* * * *

*

(b)(1) A tolerance, to expire on

January 18, 2000, is established as

follows for combined residues of

glufosinate ammonium

(monoammonium 2-amino-4-

(hydroxymethylphosphinyl) butanoate)

and its metabolite 3-

methylphosphinicopropionic acid,

expressed as 2-amino-4-

(hydroxymethylphosphinyl)butanoic

acid equivalents.

Commodity Parts per million

Bananas ......... 0.3 (Not more than 0.2 ppm

shall be present in the

pulp after peel is removed).

(2) There are no U.S. registrations as

of August 24, 1994, for bananas.

[FR Doc. 95–933 Filed 1–17–95; 8:45 am]

BILLING CODE 6560–50–F

GENERAL SERVICES

ADMINISTRATION

41 CFR Part 101–37

[FPMR Amendment G–109]

RIN 3090–AF43

Government Aviation Administration

and Coordination

AGENCY: Federal Supply Service, GSA.

ACTION: Final rule.

SUMMARY: This regulation updates

policies and procedures concerning the

documentation, approval, and use of

Government aircraft. Specifically, the

rule places definitions in a single

subpart for ease of reference, reconciles

the standard aircraft program cost

elements with those contained in the

revised Office of Management and

Budget (OMB) Circular A–126 (May 22,

1992), updates subparts on cost recovery

methods and aviation program cost

effectiveness, and clarifies agency

Federal Aviation Management

Information System (FAMIS) reporting

requirements. This action is necessary

for compliance with the provisions of

OMB Circular A–126. Implementation

of this rule will minimize the cost and

improve the management and use of

Government aviation resources.

EFFECTIVE DATE: January 18, 1995.

FOR FURTHER INFORMATION CONTACT:

Larry Godwin, Aircraft Management

Division (FBA), Federal Supply Service,

General Services Administration,

Washington, DC 20406 (703–305–6399).

SUPPLEMENTARY INFORMATION: The

General Services Administration (GSA)

has determined that this rule is not a

significant rule for the purposes of

Executive Order 12866. The OMB

Circular A–126 requires the

Administrator of GSA to establish a

single coordinating office for aircraft

management to improve the

management of Government-owned and

operated aircraft. The responsibilities of

this Office include: (1) Coordinating the

development of effectiveness measures

and standards, policy, recommendation,

and guidance for the procurement,

operation, safety, and disposal of

civilian agency aircraft; (2) operating a

Government-wide aircraft management

information system; (3) identifying and

advising agencies and OMB of

opportunities to share, transfer, or

dispose of underutilized aircraft; to

reduce excessive aircraft operations and

maintenance costs; and to replace

obsolete aircraft; (4) providing technical

assistance to agencies in establishing

automated aircraft information and cost

accounting systems and in conducting

cost analysis, (5) developing generic

aircraft information system standards

and software; (6) reviewing proposed

agency internal aircraft policies for

compliance with OMB guidance and

notifying OMB of any discrepancies;

and (7) conducting an annual study of

the variable and fixed costs of operating

the different categories of Government

aircraft and disseminating the results for

use in making the cost comparisons and

reporting the trip costs.
3548 Federal Register / Vol. 60, No. 11 / Wednesday, January 18, 1995 / Rules and Regulations

Regulatory Flexibility Act

This final rule is not required to be

published in the Federal Register for

notice and comment. Therefore, the

Regulatory Flexibility Act does not

apply.

List of Subjects in 41 CFR Part 101–37

Aircraft, Air transportation, Aviation,

Government property management.

For the reasons set out in the

preamble, 41 CFR Part 101–37 is

amended as follows:

PART 101–37—GOVERNMENT

AVIATION ADMINISTRATION AND

COORDINATION

1. The authority citation for Part 101–

37 continues to read as follows:

Authority: 31 U.S.C. 1344; Sec. 205(c), 63

Stat. 390; (40 U.S.C. 486(c)).

Subpart 101–37.1—Definitions

2. Subpart 101–37.1 is revised to read

as follows:

§ 101–37.100 Definitions.

In Part 101–37, the following

definitions apply:

Acquisition date means the date the

agency acquired the asset.

Acquisition value means the value

initially recorded on agency property

records and/or accounting records at the

time of acquisition. If the aircraft is

acquired through an interagency

transfer, the acquisition value is the

greater of the aircraft net book value

plus the cost of returning the aircraft to

an airworthy, mission ready condition

or the commercial retail value of that

aircraft in average condition. If it is a

military aircraft without a commercial

equivalent, the acquisition value is

equal to the scrap value plus the cost of

returning the aircraft to an airworthy,

mission ready condition.

Actual cost means all costs associated

with the use and operation of an aircraft

as specified in § 101–37.406(b).

Agency aircraft means an aircraft,

excluding aircraft owned by the Armed

Forces, which is: (1) owned and

operated by any executive agency or

entity thereof, or (2) exclusively leased,

chartered, rented, bailed, contracted and

operated by an executive agency.

Aircraft accident means an

occurrence associated with the

operation of an aircraft which takes

place between the time any person

boards the aircraft with the intention of

flight and all such persons have

disembarked, and in which any person

suffers death or serious injury, or in

which the aircraft received substantial

damage.

Bailed aircraft means any aircraft

borrowed by a department or agency

from the Department of Defense (DOD),

State or local government, or other nonFederal entity.

Capital asset means any tangible

property, including durable goods,

equipment, buildings, facilities,

installations, or land, which:

(1) Is leased to the Federal

Government for a term of 5 or more

years; or

(2) In the case of a new asset with an

economic life of less than 5 years, is

leased to the Federal Government for a

term of 75 percent or more of the

economic life of the asset; or

(3) Is built for the express purpose of

being leased to the Federal Government;

or

(4) Clearly has no alternative

commercial use; e.g., special-purpose

Government installation.

Charter aircraft means a one time

procurement for aviation resources and

associated services.

Civil aircraft means any aircraft other

than a public aircraft.

Contract aircraft means aircraft

procured for an agency’s exclusive use

for a specified period of time in

accordance with the requirements of the

Federal Acquisition Regulation (FAR)

48 CFR Chapter 1 or other applicable

procurement regulations.

Deep cover aircraft means an agency

aircraft that is utilized to gather

information for law enforcement

purposes. This aircraft does not display

any agency markings. Although the

registration filed with the Federal

Aviation Administration (FAA) may

indicate ownership by persons other

than the owning or using agency, actual

ownership will be maintained by the

owning Federal agency.

Fatal injury means any injury which

results in death within 30 days of the

accident.

Fixed costs means the costs of

operating aircraft that result from

owning and supporting the aircraft and

do not vary according to aircraft usage.

For specific fixed aircraft program cost

information, see § 101–37.201(b).

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 coach fare means a coach fare

available to the general public between

the day that the travel was planned and

the day the travel occurred.

Government aircraft means any

aircraft owned, leased, chartered or

rented and operated by an executive

agency.

Head of executive agency means the

head of a Department, agency, bureau,

or independent establishment in the

executive branch, including any wholly

owned Government corporation, or an

official designated in writing to act on

his or her behalf.

Incident means an occurrence other

than an accident, associated with the

operation of an aircraft, which affects or

could affect the safety of operations.

Intelligence agencies refers to the

following agencies or organizations

within the intelligence community:

(1) Central Intelligence Agency;

(2) National Security Agency;

(3) Defense Intelligence Agency;

(4) Offices with the Department of

Defense for the collection of specialized

national foreign intelligence through

reconnaissance programs;

(5) The Bureau of Intelligence and

Research of the Department of State;

(6) Intelligence elements of the Army,

Navy, Air Force, Marine Corps, Federal

Bureau of Investigation, Drug

Enforcement Administration,

Department of the Treasury, and

Department of Energy; and

(7) The staff elements of the Director

of Central Intelligence.

Investigator-in-charge means the

investigator who organizes, conducts,

and controls the field phase of the

investigation. This investigator shall

assume responsibility for the

supervision and coordination of all

resources and of the activities of all

personnel involved in the on-site

investigation.

Lease purchase aircraft means a

leased aircraft for which the

Government holds an option to

purchase.

Leased aircraft means an aircraft that

the Government has a contractual right

to use for a specific period of time.

Loaned aircraft means an aircraft

owned by a Department or independent

office which is on loan to a State,

cooperator, or other entity.

Mission requirements mean activities

that constitute the discharge of an

agency’s official responsibilities. Such

activities include, but are not limited to,

the transport of troops and/or

equipment, training, evacuation

(including medical evacuation),

intelligence and counter-narcotics

activities, search and rescue,

transportation of prisoners, use of

defense attache-controlled aircraft,

aeronautical research and space and

science applications, and other such

activities. Mission requirements do not

include official travel to give speeches,

to attend conferences or meetings, or to

make routine site visits. Routine site
Federal Register / Vol. 60, No. 11 / Wednesday, January 18, 1995 / Rules and Regulations 3549

visits are customary or regular travel to

a location for official purposes.

Net book value means the acquisition

value plus the cost of capital

improvements minus accumulated

depreciation.

Non-operational aircraft means an

owned, leased, lease purchased, or

bailed aircraft that cannot be flown or

operated by the owning or using agency

for an extended period (6 months or

more).

Official travel means travel for the

purpose of mission requirements,

required use travel, and other travel for

the conduct of agency business.

Operational aircraft means an owned,

leased, lease purchased, or bailed

aircraft that is flown and operated or

capable of being flown and operated by

the owning or using agency.

Operator means any person who

causes or authorizes the operation of an

aircraft, such as the owner, lessee, or

bailee of an aircraft.

Owned aircraft means aircraft

registered to a Department or an

independent agency in conformity with

the regulations of the Federal Aviation

Administration of the Department of

Transportation (14 CFR Chapter 1, Part

47) or in conformity with appropriate

military regulations.

Owning agency means any executive

agency, including any wholly owned

Government corporation, having

accountability for owned aircraft. This

term applies when an executive agency

has authority to take possession of,

assign, or reassign the aircraft regardless

of which agency is the using agency.

Reasonably available means

commercial airline or aircraft (including

charter) is able to meet the traveler’s

departure and/or arrival requirements

within a 24-hour period (unless the

traveler demonstrates that extraordinary

circumstances require a shorter period

of time).

Rental aircraft means aviation

resources or services procured through

a standing ordering agreement which is

a written instrument of understanding,

negotiated between an agency,

contracting activity, or contracting office

and contractor that contains: (1) terms

and clauses applying to future contracts

(orders) between parties during its term,

(2) a description, as specific as

practicable, of supplies or services to be

provided, and (3) methods for pricing,

issuing, and delivering future orders.

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 requirements of the agency or

exceptional scheduling requirements.

An example of a bona fide

communications requirement is having

to maintain continuous 24-hour secure

communications with the traveler. Bona

fide security requirements include, but

are not limited to, life threatening

circumstances. Exceptional scheduling

requirements include emergencies and

other operational considerations which

make commercial transportation

unacceptable.

Residual value means the estimated

value of an asset at the conclusion of its

useful life, net of disposal costs. It is the

dollar value below which the asset will

not be depreciated. Residual value is

established at the time of acquisition.

Seized aircraft means an aircraft that

has been confiscated by the Federal

Government either by summary process

or by order of a court of competent

jurisdiction pursuant to any law of the

United States and whose care and

custody will be the responsibility of the

Federal Government until final

ownership is determined by judicial

process.

Senior executive branch official

means civilian officials appointed by

the President with the advice and

consent of the Senate and civilian

employees of the Executive Office of the

President (EOP).

Senior Federal official means a

person:

(1) Employed at a rate of pay specified

in, or fixed according to, subchapter II

of chapter 53 of title 5 of the United

States Code;

(2) Employed in a position in an

executive agency, including any

independent agency, at a rate of pay

payable for level I of the Executive

Schedule or employed in the Executive

Office of the President at a rate of pay

payable for level II of the Executive

Schedule;

(3) Employed in an executive agency

position that is not referred to in

paragraph (1) of this definition, (other

than a position that is subject to pay

adjustment under 37 U.S.C. 1009) and

for which the basic rate of pay,

exclusive of any locality-based pay

adjustment under 5 U.S.C. 5304 (or any

comparable adjustment pursuant to

interim authority of the President), is

equal to or greater than the rate of the

basic pay payable for the Senior

Executive Service under 5 U.S.C. 5382;

or

(4) Appointed by the President to a

position under 3 U.S.C. 105(a)(2) (A),

(B), or (C) or by the Vice President to a

position under 3 U.S.C. 106(a)(1) (A),

(B), or (C). Generally, a senior Federal

official is employed by the White House

or an executive agency, including an

independent agency, at a rate of pay

equal to or greater than the minimum

rate of basic pay for the Senior

Executive Service. The term senior

Federal official does not include an

active duty military officer.

Serious injury means any injury

which: Requires hospitalization for

more than 48 hours, commencing

within 7 days from the date the injury

was received: results in a fracture of any

bone (except simple fractures of fingers,

toes, or nose); causes severe

hemorrhages, nerve, muscle, or tendon

damage; involves any internal organ; or

involves second- or third-degree burns,

or any burns affecting more than 5

percent of the body surface.

Space available means travel using

aircraft capacity, that is already

scheduled for use for an official

purpose, that would otherwise be

unutilized. For the purposes of this part,

space available travel is travel other

than for the conduct of agency business.

Substantial damage means damage or

failure which adversely affects the

structural strength, performance, or

flight charactersistics of the aircraft, and

which would normally require major

repair or replacement of the affected

component. Engine failure or damage

limited to an engine if only one engine

fails or is damaged, bent fairings or

cowling, dented skin, small puncture

holes in the skin or fabric, ground

damage to rotor or propeller blades, and

damage to landing gear, wheels, tires,

flaps, engine accessories, brakes or wing

tips are not considered ‘‘substantial

damage.’’

Support service agreement means a

preestablished agreement with a

commercial vendor for specific aviation

services.

Undercover aircraft means an owned,

leased, lease purchased, or bailed

aircraft that is utilized to gather

information for law enforcement

purposes. An undercover aircraft does

not display agency markings but is

registered with the FAA to the owning

agency.

Useful life means the service life, in

years, of the aircraft as estimated by the

manufacturer or evidenced by historical

performance. The useful life is

established at the time of acquisition.

Using agency means an executive

agency using aircraft for which it does

not maintain ownership. This term

applies when an agency obtains aircraft

from any other executive agency on a

temporary basis.

Variable costs means the costs of

operating aircraft that vary depending

on how much the aircraft are used. For

specific variable aircraft program cost

information see § 101–37.201(a).
3550 Federal Register / Vol. 60, No. 11 / Wednesday, January 18, 1995 / Rules and Regulations

3. Subpart 101–37.2 is revised to read

as follows:

Subpart 101–37.2—Accounting for Aircraft

Costs

Sec.

101–37.200 General.

101–37.201 Standard aircraft program cost

elements.

101–37.202 Policy.

101–37.203 [Reserved]

101–37.204 Operations cost recovery

methods.

101–37.205 Aircraft program cost

effectiveness.

Subpart 101–37.2—Accounting for

Aircraft Costs

§ 101–37.200 General.

The provisions of this subpart

prescribe policies and procedures for

accounting for aircraft costs. This

subpart also prescribes provisions and

procedures contained in OMB Circulars

A–76 and A–126.

§ 101–37.201 Standard aircraft program

cost elements.

The following cost elements will be

used for the establishment of cost

accounting systems and for reporting

Government-owned and operated

aircraft cost and utilization data to the

Federal Aviation Management

Information System (FAMIS) on GSA

Form 3552.

(a) Variable costs. The variable costs

of operating aircraft are those costs that

vary depending on how much the

aircraft are used. The specific variable

cost elements include:

(1) Crew costs. The crew costs which

vary according to aircraft usage consist

of travel expenses, particularly

reimbursement of subsistence (i.e., per

diem and miscellaneous expenses),

overtime charges, and wages of crew

members hired on an hourly or parttime basis.

(2) Maintenance costs. Unscheduled

maintenance and maintenance

scheduled on the basis of flying time

vary with aircraft usage and, therefore,

the associated costs are considered

variable costs. In addition to the costs of

normal maintenance activities, variable

maintenance costs shall include aircraft

refurbishment, such as painting and

interior restoration, and costs of or

allowances for performing overhauls

and modifications required by service

bulletins and airworthiness directives. If

they wish, agencies may consider all of

their maintenance costs as variable costs

and account for them accordingly.

Otherwise, certain maintenance costs

will be considered fixed as described in

paragraph (b) of this section. Variable

maintenance costs include the costs of:

(i) Maintenance labor. This includes

all labor (i.e., salaries and wages,

benefits, travel, and training) expended

by mechanics, technicians, and

inspectors, exclusive of labor for engine

overhaul, aircraft refurbishment, and/or

repair of major components.

(ii) Maintenance parts. This includes

cost of materials and parts consumed in

aircraft maintenance and inspections,

exclusive of materials and parts for

engine overhaul, aircraft refurbishment,

and/or repair of major components.

(iii) Maintenance contracts. This

includes all contracted costs for

unscheduled maintenance and for

maintenance scheduled on a flying hour

basis or based on the condition of the

part or component.

(iv) Engine overhaul, aircraft

refurbishment, and major component

repairs. These are the materials and

labor costs of overhauling engines,

refurbishing aircraft, and/or repairing

major aircraft components.

(A) In general, the flight hour cost is

computed by dividing the costs for a

period by the projected hours flown

during the period. However, when

computing the flight hour cost factor for

this cost category, divide the total

estimated cost for the activities in this

category (e.g., overhaul, refurbishment,

and major repairs) by the number of

flight hours between these activities.

(B) Cost or reserve accounts for engine

overhaul, aircraft refurbishment, and

major component repairs may, at the

agency’s discretion, be identified and

quantified separately for missionpertinent information purposes. Reserve

accounts are generally used when the

aircraft program is funded through a

working capital or revolving fund.

(3) Fuel and other fluids. The costs of

the aviation gasoline, jet fuel, and other

fluids (e.g., engine oil, hydraulic fluids,

and water-methanol) consumed by

aircraft.

(4) Lease costs. When the cost of

leasing an aircraft is based on flight

hours, the associated lease or rental

costs are considered variable costs.

(5) Landing and tie down fees.

Landing fees and tie down fees

associated with aircraft usage are

considered variable costs. Tie down fees

for storing an aircraft at its base of

operations should be considered part of

operations overhead, a fixed cost.

(b) Fixed costs. The fixed costs of

operating aircraft are those that result

from owning and supporting the aircraft

and do not vary according to aircraft

usage. The specific fixed cost elements

include:

(1) Crew costs. The crew costs which

do not vary according to aircraft usage

consist of salaries, benefits, and training

costs. This includes the salaries,

benefits, and training costs of crew

members who also perform minimal

aircraft maintenance. Also included in

fixed crew costs are the costs of their

charts, personal protective equipment,

uniforms, and other personal equipment

when the agency is authorized to

purchase such items.

(2) Maintenance costs. This cost

category includes maintenance and

inspection activities which are

scheduled on a calendar interval basis

and take place regardless of whether or

how much an aircraft is flown. Agencies

are encouraged to simplify their

accounting systems and account for all

maintenance costs as variable costs.

However, if they wish, agencies may

account for the following costs as fixed

costs:

(i) Maintenance labor. This includes

all projected labor expended by

mechanics, technicians, and inspectors

associated with maintenance scheduled

on a calendar interval basis. This does

not include variable maintenance labor

or work on items having a retirement

life or time between overhaul. This

category also includes costs associated

with nonallocated maintenance labor

expenses; i.e., associated salaries,

benefits, travel expenses, and training

costs. These costs should be evenly

allocated over the number of aircraft in

the fleet.

(ii) Maintenance parts. This includes

all parts and consumables used for

maintenance scheduled on a calendar

interval basis.

(iii) Maintenance contracts. This

includes all contracted costs for

maintenance or inspections scheduled

on a calendar interval basis.

(3) Lease costs. When the cost of

leasing an aircraft is based on a length

of time (e.g., days, weeks, months, or

years) and does not vary according to

aircraft usage, the lease costs are

considered fixed costs.

(4) Operations overhead. This

includes all costs, not accounted for

elsewhere, associated with direct

management and support of the aircraft

program. Examples of such costs

include: personnel costs (salaries,

benefits, travel, uniform allowances

(when the agency is authorized to

purchase such items), training, etc.) for

management and administrative

personnel directly responsible for the

aircraft program; building and ground

maintenance; janitorial services; lease or

rent costs for hangars and

administrative buildings and office

space; communications and utilities

costs; office supplies and equipment;

maintenance and depreciation of

support equipment; tie down fees for
Federal Register / Vol. 60, No. 11 / Wednesday, January 18, 1995 / Rules and Regulations 3551

aircraft located on base; and

miscellaneous operational support

costs.

(5) Administrative overhead. These

costs represent a prorated share of

salaries, office supplies, and other

expenses of fiscal, accounting,

personnel, management, and similar

common services performed outside the

aircraft program but which support this

program. For purposes of recovering the

costs of operations, agencies should

exercise their own judgment as to the

extent to which aircraft users should

bear the administrative overhead costs.

Agencies may, for example, decide to

charge non-agency users a higher

proportion, not to exceed 100 percent of

administrative overhead, than agency

users if the agency has the authority to

do so. If an aircraft is provided pursuant

to an interagency agreement under the

Economy Act of 1932 (31 U.S.C. 1535),

the agency must charge based on the

actual costs of the goods or services

provided. For purposes of OMB Circular

A–76 costs comparisons, agencies

should compute the actual

administrative costs that would be

avoided if a decision is made to contract

out the operation under study.

(6) Self-insurance costs. Aviation

activity involves risks and potential

casualty losses and liability claims.

These risks are normally covered in the

private sector by purchasing an

insurance policy. The Government is

self-insuring; the Treasury’s General

Fund is charged for casualty losses and/

or liability claims resulting from

accidents. For the purposes of analyses,

Government managers will recognize a

cost for ‘‘self-insurance’’ by developing

a cost based on rates published by

GSA’s Aircraft Management Division.

(7) Depreciation. The cost or value of

ownership. Aircraft have a finite useful

economic or service life (useful life).

Depreciation is the method used to

spread the acquisition value, less

residual value, over an asset’s useful

life. Although these costs are not direct

outlays as is the case with most other

aircraft costs, it is important to

recognize them for analyses required by

OMB and other cost comparison

purposes and when replenishing a

working capital fund by recovering the

full cost of aircraft operations.

Depreciation costs depend on aircraft

acquisition or replacement costs, useful

life, and residual or salvage value. To

calculate the cost of depreciation that

shall be allocated to each year, subtract

the residual value from the total of the

acquisition cost plus any capital

improvements and, then, divide by the

estimated useful life of the asset.

(c) Other costs. There are certain other

costs of the aircraft program which

should be recorded but are not

appropriate for inclusion in either the

variable or fixed cost categories for the

purposes of justifying aircraft use or

recovering the cost of aircraft

operations. These costs include:

(1) Accident repair costs. These costs

include all parts, materials, equipment,

and maintenance labor related to

repairing accidental damage to airframes

or aircraft equipment. Also included are

all accident investigation costs.

(2) Aircraft costs. This is the basic

aircraft inventory or asset account used

as the basis for determining aircraft

depreciation charges. These costs

include the cost of acquiring aircraft and

accessories, including transportation

and initial installation. Also included

are all costs required to bring aircraft

and capitalized accessories up to fleet

standards.

(3) Cost of capital. The cost of capital

is the cost to the Government of

acquiring the funds necessary for capital

investments. The agency shall use the

borrowing rate announced by the

Department of the Treasury for bonds or

notes whose maturities correspond to

the manufacturer’s suggested useful life

or the remaining useful life of the asset.

§ 101–37.202 Policy.

Agencies shall maintain cost systems

for their aircraft operations which will

permit them to justify the use of

Government aircraft in lieu of

commercially available aircraft, or the

use of one Government aircraft in lieu

of another; recover the costs of operating

Government aircraft when appropriate;

determine the cost effectiveness of

various aspects of their aircraft program;

and conduct the cost comparisons to

justify in-house operation of

Government aircraft versus procurement

of commercially available aircraft

services. To accomplish these purposes,

agencies must accumulate their aircraft

program cost into the standard aircraft

program cost elements specified in

§ 1010–37.201.

§ 101–37.203 [Reserved]

§ 101–37.204 Operations cost recovery

methods.

Under 31 U.S.C. 1535, and various

acts appropriating funds or establishing

working funds to operate aircraft,

agencies are generally required to

recover the costs of operating all aircraft

in support of other agencies and other

governments. Depending on the

statutory authorities under which its

aircraft were obtained or are operated,

agencies may use either of two methods

for establishing the rates charged for

using their aircraft; full cost recovery

rate or the variable cost recovery rate.

(a) The full cost recovery rate for an

aircraft is the sum of the variable and

fixed cost rates for that aircraft. The

computation of the variable cost rate for

an aircraft is described in § 101–37.304.

The fixed cost recovery rate for an

aircraft or aircraft type is computed as

follows:

(1) Accumulate the fixed costs listed

in § 101–37.201(b) that are directly

attributable to the aircraft or aircraft

type. These costs should be taken from

the agency’s accounting system.

(2) Adjust the total fixed cost for

inflation and for any known upcoming

cost changes to project the new fixed

total costs. The inflation factor used

should conform to the provisions of

OMB Circular A–76.

(3) Allocate operations and

administrative overhead costs to the

aircraft based on the percentage of total

aircraft program flying hours

attributable to that aircraft or aircraft

type.

(4) Compute a fixed cost recovery rate

for the aircraft by dividing the sum of

the projected directly attributable fixed

costs, adjusted for inflation, from

paragraph (a)(2) of this section and the

allocated fixed costs from paragraph

(a)(3) of this section by the annual flying

hours projected for the aircraft.

(b) The variable cost recovery rate is

the total variable cost rate of operating

an aircraft described in § 101–37.304. If

an agency decides to base the charge for

using its aircraft solely on this rate, it

must recover the fixed costs of those

aircraft from the appropriations which

support the mission for which the

procurement of the aircraft was

justified. In such cases, the fixed cost

recovery rate may be expressed on an

annual, monthly, or flying hour basis.

(c) To compute the full cost recovery

rate of using a Government aircraft for

a trip, add the variable cost recovery

rate for the aircraft or aircraft type to the

corresponding fixed cost recovery rate

and multiply this sum by the estimated

number of flying hours for the trip using

the proposed aircraft.

§ 101–37.205 Aircraft program cost

effectiveness.

Although cost data are not the only

measures of the effectiveness of an

agency’s aircraft program, they can be

useful in identifying opportunities to

reduce aircraft operational costs. These

opportunities include changing

maintenance practices, purchasing fuel

at lower costs, and the replacement of

old, inefficient aircraft with aircraft that

are more fuel efficient and have lower

operation and maintenance costs. The
3552 Federal Register / Vol. 60, No. 11 / Wednesday, January 18, 1995 / Rules and Regulations

most common measures used to

evaluate the cost effectiveness of various

aspects of an aircraft program are

expressed as the cost per flying hour or

per passenger mile (one passenger flying

one mile). These measures may be

developed using the standard aircraft

program cost elements (see § 101–

37.201) and include, but are not limited

to: maintenance costs/flying hours, fuel

and other fluids/flying hours, and

variable cost/passenger mile. GSA will

coordinate the development of other

specific cost-effectiveness measures

with the appropriate Interagency

Committee for Aviation Policy

subcommittees (ICAP).

(a) Maintenance costs per flying hour.

Maintenance costs per flying hour

identifies on an aggregate basis relative

cost effectiveness of maintenance

alternatives. This measure is among

those necessary to identify and justify

procurement of less costly aircraft.

(b) Fuel and other fluids cost per

flying hour. Fuel per flying hour

identifies the relative fuel efficiency of

an individual aircraft. The measure

identifies the requirement to replace

inefficient engines or to eliminate fuel

inefficient aircraft from the fleet.

(c) Crew costs-fixed per flying hour.

When based on the total fixed crew

costs and flying hours, can be used to

determine the impact of crew utilization

on overall operating costs; can also be

used to compare crew utilization and

salary levels among different agency or

bureau aircraft programs.

(d) Operations overhead per flying

hour. Operations overhead may be used

on an aggregate basis (i.e., total

operations overhead expenditures

divided by hours flown) to compare the

overhead activities in direct support of

aircraft operations among agencies or

bureaus. This factor can indicate excess

overhead support costs.

(e) Administrative overhead per flying

hour. Administrative overhead may be

used on an aggregate basis (i.e., total

administrative overhead divided by

hours flown) to compare the level of

administrative support to other agencies

and bureaus.

4. Subpart 101–37.3 is revised to read

as follows:

Subpart 101–37.3—Cost Comparisons for

Acquiring and Using Aircraft

Sec.

101–37.300 General.

101–37.301 Applicability.

101–37.302 [Reserved]

101–37.303 [Reserved]

101–37.304 Variable cost rate.

101–37.305 Acquisition and management.

Subpart 101–37.3—Cost Comparisons

for Acquiring and Using Aircraft

§ 101–37.300 General.

The provisions of this subpart

prescribe policies and procedures for

conducting cost comparisons for the

acquisition, use, or lease of aircraft. This

subpart incorporates selected provisions

of OMB Circulars A–76 and A–126.

§ 101–37.301 Applicability.

This subpart applies to all agencies in

the executive branch of the Federal

Government. It does not apply to the

United States Postal Service, to the

Government of the District of Columbia,

or to non-Federal organizations

receiving Federal loans, contracts, or

grants.

§ 101–37.302 [Reserved]

§ 101–37.303 [Reserved]

§ 101–37.304 Variable cost rate.

For the purpose of comparing costs

(Government, commercial charter, and

airline) associated with passenger

transportation flights, as required by

§ 101–37.406, the agency should

develop a variable cost rate for each

aircraft or aircraft type as follows:

(a) Accumulate or allocate to the

aircraft or aircraft type all historical

costs, for the previous 12 months,

grouped under the variable cost category

defined in § 101-37.201. These costs

should be obtained from the agency’s

accounting system.

(b) Adjust the historical variable costs

for inflation and for any known

upcoming cost changes to determine the

projected variable cost. The inflation

factor used should conform to the

provisions of OMB Circular A–76.

(c) Divide the projected variable cost

of the aircraft or aircraft type by the

projected annual flying hours for the

aircraft or aircraft type to compute the

variable cost rate (per flying hour).

(d) To compute the variable cost for

a proposed trip, multiply the variable

cost rate by the estimated number of

flying hours for the trip. The number of

flying hours should include:

(1) If no follow-up trip is scheduled,

all time required to position 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 respositioning

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.

§ 101–37.305 Acquisition and

management.

(a) The number and size of aircraft

acquired by an agency and the capacity

of those aircraft to carry passengers and

cargo shall not exceed the level

necessary to meet the agency’s mission

requirements.

(b) Agencies must comply with OMB

Circular A–76 before purchasing,

leasing, or otherwise acquiring aircraft

and related services to assure that these

services cannot be obtained from and

operated by the private sector more cost

effectively.

(c) Agencies shall review on a 5-year

cycle the continuing need for all of their

aircraft and the cost effectiveness of

their aircraft operations in accordance

with OMB approved cost justification

methodologies. A copy of each agency

review shall be submitted to GSA when

completed and to OMB with the

agency’s next budget submission.

Agencies shall report any excess aircraft

and release all aircraft that are not fully

justified by these reviews.

(d) Agencies shall use their aircraft in

the most cost effective way to meet their

requirements.

Subpart 101–37.4—Use of

Government-Owned and Operated

Aircraft

§ 101–37.401 [Reserved]

5. Section 101–37.401 is removed and

reserved.

6. Section 101–37.404 is revised to

read as follows:

§ 101–37.404 Approving the use of

Government aircraft for transportation of

passengers.

(a) Use of Government aircraft for

official travel may be approved only by

the agency head or official(s) designated

by the agency head.

(b) Whenever a Government aircraft

used to fulfill a mission requirement is

used also to transport senior Federal

officials, members of their families or

other non-Federal travelers on a space

available basis (except as authorized

under 10 U.S.C. 4744 and regulations

implementing that statute), the agency

that is conducting the mission shall

certify in writing prior to the flight that

the aircraft is scheduled to perform a

bona fide mission activity, and that the

minimum mission requirements have

not been exceeded in order to transport

such space available travelers. In

emergency situations, an after-the-fact

written certification by the agency is

permitted.
Federal Register / Vol. 60, No. 11 / Wednesday, January 18, 1995 / Rules and Regulations 3553

7. Section 101–37.408 is revised to

read as follows:

§ 101–37.408 Reporting travel by senior

Federal officials.

Agencies shall submit semi-annual

reports for the periods October 1

through March 31 (due May 31), and

April 1 through September 30 (due

November 30) to the General Services

Administration, Aircraft Management

Division, Washington, DC 20406. A

copy of each report shall also be

submitted to the Deputy Director for

Management, Office of Management and

Budget, 725 17th Street, NW,

Washington, DC 20503. Agencies shall

submit report data using the Federal

Aviation Management Information

System structure and management

codes for automated reporting or GSA

Form 3641, Senior Federal Travel.

Agencies that did not transport any

senior Federal officials or special

category travelers during the relevant

time frame must still submit a written

response that acknowledges the

reporting requirements and states they

have no travel to report. These reports

shall be disclosed to the public upon

request unless classified.

(a) Reports shall include data on all

non-mission travel by senior Federal

officials on Government aircraft

(including those senior Federal officials

acting in an aircrew capacity when they

are also aboard the flight for

transportation), members of the families

of such officials, any non-Federal

traveler (except as authorized under 10

U.S.C. 4744 and regulations

implementing that statute), and all

mission and non-mission travel for

senior executive branch officials. The

reports shall include:

(1) The names of the travelers;

(2) The destinations;

(3) The corresponding commercial

cost had the traveler used commercial

airline or aircraft service (including

charter);

(4) The appropriate allocated share of

the full operating cost of each trip;

(5) The amount required to be

reimbursed to the Government for the

flight;

(6) The accounting data associated

with the reimbursement; and

(7) The data required by § 101–37.407

(a), (b) and (d) of this subpart.

(b) Each agency is responsible for

reporting travel by personnel

transported on aircraft scheduled by

that agency.

(c) The agency using the aircraft must

also maintain the data required by this

section for classified trips. This

information shall not be reported to

GAS or OMB but must be made

available by the agency for review by

properly cleared personnel.

8. Subpart 101–37.5 is revised to read

as follows:

Subpart 101–37.5—Management Information

Systems (MIS)

Sec.

101–37.500 General

101–37.501 [Reserved]

101–37.502 GSA MIS responsibilities.

101–37.503 Reporting responsibilities.

101–37.504 Reports.

101–37.505 Aircraft used for sensitive

missions.

101–37.506 Reporting requirements for law

enforcement, national defense, or

interdiction mission aircraft.

Subpart 101–37.5—Management

Information Systems (MIS)

§ 101–37.500 General.

Executive agencies must maintain an

aviation MIS. Agency systems will

include computer applications

appropriate to the complexity of the

operation. Systems should be integrated

among bureaus, agencies, and

Departments as appropriate to maximize

efficiency and effectiveness

Governmentwide. MIS capabilities will

include, but are not limited to,

collecting, consolidating, and producing

the reports and analyses required by:

field-level organizations for day-to-day

operations, agencies to justify the

continuing use of aircraft or new

acquisitions, GSA to develop

Governmentwide aviation management

guidance, and OMB and other oversight

agencies to capitalize on opportunities

to improve efficiency and effectiveness.

§ 101–37.501 [Reserved]

§ 101–37.502 GSA MIS responsibilities.

The Aircraft Management Division

will operate the Governmentwide

aircraft MIS (also known as the Federal

Aviation Management Information

System (FAMIS)), develop generic

aircraft MIS standards and software, and

provide technical assistance to agencies

in establishing automated aircraft

information and cost accounting

systems and conducting cost analyses

required by OMB. The FAMIS will

collect and maintain summary data

including, but not limited to:

(a) Aircraft and aviation related

facilities inventories;

(b) Cost and utilization for owned

aircraft and aviation facilities;

(c) Cost and utilization for chartered,

rented, or contracted aircraft;

(d) Inventories of support service

agreements; and

(e) Senior Federal official and special

category travel data.

§ 101–37.503 Reporting responsibilities.

Reporting responsibilities are as

follows:

(a) Owned aircraft. The executive

agency to which the aircraft is registered

in conformance with the FAA

regulations or appropriate military

regulations is responsible for reporting

inventory, cost, and utilization data for

each aircraft.

(b) Bailed aircraft. The executive

agency which operates bailed aircraft is

responsible for reporting inventory,

cost, and utilization data for each

aircraft.

(c) Leased or lease/purchased aircraft.

The executive agency which makes

payment to a private or other public

sector organization for the aircraft is

responsible for reporting inventory,

cost, and utilization data for each

aircraft.

(d) Loaned aircraft. The executive

agency which owns an aircraft on loan

to a Federal agency will report

inventory, cost, and utilization data.

The executive agency which owns an

aircraft on loan to a State, cooperator, or

other non-Federal entity will report

inventory data associated with that

aircraft.

(e) Contract, charter, and rental

aircraft. The executive agency which

makes payment to a private sector or

other public sector organization for the

aircraft is responsible for reporting cost

and utilization data by specific aircraft

for each type of mission performed.

(f) Support services. The executive

agency establishing the aviation support

services agreement with service vendors

is responsible for reporting associated

data by agreement number, aircraft or

service type, and vendor.

(g) Senior Federal official and special

category travel. Each executive agency is

responsible for reporting travel by

personnel transported on aircraft

scheduled by that agency.

§ 101–37.504 Reports.

Executive agencies will submit

aviation management data using FAMIS

structure format for automated reporting

or appropriate forms. FAMIS data shall

be submitted to the General Services

Administration, Aircraft Management

Division, Washington, DC 20406.

Interagency report control number

0322–GSA–AN has been assigned to

these reports. To the extent that

information is protected from disclosure

by statute, an agency is not required to

furnish information otherwise required

to be reported under this subpart.

(a) Each executive agency will

provide GSA with reports as changes

occur for:
3554 Federal Register / Vol. 60, No. 11 / Wednesday, January 18, 1995 / Rules and Regulations

(1) Facilities inventories. Additions,

deletions, and changes shall be

submitted using GSA Form 3549,

Government-owned/leased

Maintenance, Storage, Training,

Refueling Facilities (per facility) or

FAMIS file structures.

(2) Aircraft inventories. Additions,

deletions, and changes shall be

submitted using GSA Form 3550,

Government Aircraft Inventory (per

aircraft) or FAMIS file structures. Any

aircraft operated or held in a nonoperational status, must be reported to

FAMIS regardless of its ownership

category.

(3) Aviation support services cost

data. This data will be submitted using

GSA Form 3554, Aircraft Contract/

Rental/Charter Support Services Cost

Data Form or FAMIS file structures, as

support service agreements become

effective.

(b) Each executive agency will

provide GSA with reports annually on

or before January 15 for the previous

fiscal year ending September 30 for:

(1) Contract, rental, and charter

aircraft cost and utilization data. Each

form or FAMIS database record must

contain only one aircraft for each type

of mission performed. The data is

submitted using GSA Form 3551,

Contract/Charter/Rental Aircraft Cost

and Utilization or FAMIS file structures.

(2) Government aircraft cost and

utilization data. The cost and utilization

information must be tracked by serial

number and must reflect the actual use

and expenditures incurred for each

individual aircraft. These reports are to

be submitted using GSA Form 3552,

Government Aircraft Cost and

Utilization or FAMIS file structures.

(c) Each executive agency will

provide GSA with a report semiannually

on or before May 31 for the period

October 1 through March 30, and on or

before November 30 for the period April

1 through September 30 for senior

Federal official and special category

travel. These reports are to be submitted

using GSA Form 3641, Senior Federal

Travel or FAMIS file structures.

Executive agencies that did not

transport any senior Federal officials or

special category travelers during the

relevant time frame must submit a

written response that acknowledges the

reporting requirements and states that

they have no travel to report. For

detailed explanation see § 101–37.408.

§ 101–37.505 Aircraft used for sensitive

missions.

Inventory, cost, and utilization data

submitted to GSA for agency aircraft

dedicated to national defense, law

enforcement, or interdiction missions

will be safeguarded as specified in

§ 101–37.506. GSA will not allow

identification (registration number,

serial number, etc.), location, or use

patterns to be disclosed except as

required under the Freedom of

Information Act.

§ 101–37.506 Reporting requirements for

law enforcement, national defense, or

interdiction mission aircraft.

Agencies using aircraft for law

enforcement, national defense, or

interdiction missions may use reporting

provisions which provide for agency

information protection as specified in

paragraphs (a) and (b) of this section.

(a) Undercover aircraft. Agencies

operating undercover aircraft as defined

in § 101–37.100, will report to GSA all

FAMIS data in accordance with § 101–

37.504, to include the registration

number and serial number as reported

to the Federal Aviation Administration

(FAA), Office of Aircraft Registry.

(b) Deep cover aircraft. Agencies

operating deep cover aircraft as defined

in § 101–37.100, will report to GSA all

FAMIS data in accordance with § 101–

37.504, except for that data requiring

special handling by the FAA. Specific

identifying data for those aircraft

requiring special handling by the FAA

will be reported as follows:

(1) Special number data. Initially,

agencies will supply the actual aircraft

serial number with a unique code

number. The code number will be used

for all future data submissions. GSA

will maintain the actual serial number

and associated code in a secured file

independent from all other FAMIS data.

The secured file containing aircraft

serial number data will not be printed

or distributed.

(2) Registration number data.

Agencies will not submit registration

number (FAA registration number) for

deep cover aircraft.

(3) Location data. Agencies will not

submit location data.

Subpart 101–37.11—Accident and

Incident Reporting and Investigation

§ 101–37.1101 [Reserved]

8. Section 101–37.1101 is removed

and reserved.

Dated: December 28, 1994.

Julia M. Stasch,

Acting Administrator of General Services.

[FR Doc. 95–773 Filed 1–17–95; 8:45 am]

BILLING CODE 6820–24–M

DEPARTMENT OF THE INTERIOR

41 CFR Parts 114–51 and 114–52

Provision and Assignment of Quarters

and Furnishings; Establishment of

Quarters Rental Rates

AGENCY: Office of the Secretary, Interior.

ACTION: Final rule.

SUMMARY: The Department of the

Interior has amended the internal

regulations and procedures governing

the provision, assignment and

administration of quarters, and the

establishment of rental charges for

Government furnished quarters. These

changes reflect the requirements of the

most recent Office of Management and

Budget Circular on Government

furnished quarters. The Department of

the Interior is hereby deleting the

current text from the Code of Federal

Regulations. This text, which does not

affect the public, is being deleted

because it duplicates the text in other

internal regulations. The intended effect

is to eliminate duplicate regulations and

thereby simplify the overall regulatory

structure.

EFFECTIVE DATE: This rule is effective

February 17, 1995.

FOR FURTHER INFORMATION CONTACT:

Gregory G. Haller, Administrative

Service Center, Code 2910, 7301 West

Mansfield Avenue, Denver, CO 80235–

2230, Phone: (303) 969–7240.

SUPPLEMENTARY INFORMATION: These

quarters management regulations govern

the internal actions of the Department

and other Federal agencies which have

agreed voluntarily to incorporate

quarters rental charges determined by

the Department into their respective

quarters management programs.

Inasmuch as the content of these

regulations is set forth in greater detail

in the Departmental Quarters Handbook

(400 DM), the Department has

determined that it is no longer necessary

to maintain these generalized

regulations in 41 CFR parts 114–51 and

114–52.

This rule was not subject to Office of

Management and Budget review under

Executive Order 128866. Because these

procedures govern only internal

management actions of the DOI and

agencies who voluntarily participate in

the DOI quarters rental program, the

DOI certifies that this document will not

have a significant economic effect on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.).

The DOI has further determined that

these regulations will not significantly

affect the environment. An