[Federal Register Volume 79, Number 246 (Tuesday, December 23, 2014)]
[Rules and Regulations]
[Pages 77338-77356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29847]



[[Page 77337]]

Vol. 79

Tuesday,

No. 246

December 23, 2014

Part III





General Services Administration





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41 CFR Part 102-33





 Federal Management Regulation; Management of Government Aircraft; 
Final Rule

Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / 
Rules and Regulations

[[Page 77338]]


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GENERAL SERVICES ADMINISTRATION

41 CFR Part 102-33

[FMR Change-2014-06; FMR Case 2012-102-6; Docket No. 2012-0016, 
Sequence 1]
RIN 3090-AJ33


Federal Management Regulation; Management of Government Aircraft

AGENCY: Office of Government-wide Policy (OGP), General Services 
Administration (GSA).

ACTION: Final rule.

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SUMMARY: The General Services Administration (GSA), Office of 
Government-wide Policy (OGP) provides management policies to Federal 
civilian agencies that manage, acquire, use, and dispose of aircraft to 
accomplish their missions. OGP's regular review process revealed that 
the aviation policies found in the Federal Management Regulation (FMR) 
need to be substantially revised and updated. Consequently, OGP is 
revising its management of Government aircraft rules in their entirety 
in order to foster safe, efficient, and effective aviation programs 
within the U.S. Government. The member agencies of the Interagency 
Committee for Aviation Policy (ICAP) have participated in the formation 
of this final rule.
    This case is included in GSA's retrospective review of existing 
regulations under Executive Order 13563. Additional information is 
located in GSA's retrospective review available at: www.gsa.gov/improvingregulations.

DATES: Effective date: December 23, 2014.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Mr. Robert Galloway, Director Aviation Policy, Office of Asset and 
Transportation Management, Office of Government-wide Policy, by phone 
at 202-997-7274 or through email at <a href="/cdn-cgi/l/email-protection#6a1805080f181e440d0b0606051d0b132a0d190b440d051c"><span class="__cf_email__" data-cfemail="92e0fdf0f7e0e6bcf5f3fefefde5f3ebd2f5e1f3bcf5fde4">[email protected]</span></a>. Please 
cite FMR case 2012-102-6.

SUPPLEMENTARY INFORMATION:

A. Background

    The last major review and revision of policy for the management of 
Government aircraft occurred when GSA's Office of Government-wide 
Policy (OGP) moved that policy from part 101-37 of the Federal Property 
Management Regulations (FPMR) (41 CFR part 101-37) to part 102-33 of 
the Federal Management Regulation (FMR) (41 CFR part 102-33, 
``Management of Government Aircraft''). The final rule implementing 
that move was published in the Federal Register at 67 FR 67743 on 
November 6, 2002. A minor correction was published in the Federal 
Register at 67 FR 70480 on November 22, 2002, but no further amendments 
have since been made to FMR part 102-33.
    OGP initiated a review of the aviation policies to address current 
Government aviation needs, to determine what new technologies and best 
practices fit well into the Federal setting, and to adapt to changes in 
the aviation industry. In addition, OGP worked with the ICAP to 
identify needed revisions and updates. The ICAP membership identified a 
multitude of aviation policies that were obsolete, required editorial 
corrections, or needed to be removed or updated. GSA received 
substantive comments from two agencies regarding the use of the term 
``forfeiture/seizure.'' In response, GSA eliminated the term 
``seizure'' as a means of acquiring an aircraft, while the term 
``forfeiture'' is used in the amended phrase, ``. . . transfer of 
previously forfeited aircraft (section 102-33.60).'' An additional 
comment was received regarding the recommended date for the 
implementation of a Safety Management System. In response, GSA modified 
the recommended implementation date (section 102-33.180).
    Since this part was revised in November 2002, the Federal Aviation 
Administration (FAA) released both new and revised versions of the 
Advisory Circulars with information that significantly affects the 
Federal aviation community. Some of the topics covered by these 
Advisory Circulars include public aircraft, safety management systems, 
and unmanned aircraft systems. Finally, OGP finalized a revision to FMR 
part 102-39 (41 CFR part 102-39, ``Replacement of Personal Property 
Pursuant to the Exchange/Sale Authority'') that removed aircraft and 
aircraft parts from the exchange/sale prohibited list as long as such 
transactions are conducted in accordance with provisions found at FMR 
part 102-33.

B. Changes

    This final rule revises current FMR part 102-33 (41 CFR part 102-
33) in its entirety. The revision includes updating and correcting 
citations and addresses as well as editorial changes. Changes that this 
final rule makes to the affected FMR section(s) identified below 
include:
    1. Adding a new section to clarify that the use of pronouns ``we,'' 
``you,'' ``your,'' and ``our'' throughout part 102-33 refers to agency 
aviation managers and also executive agencies (section 102-33.6);
    2. Adding, revising, and deleting a number of terms as defined and 
used in this part (section 102-33.20).
    3. Adding suggested experience for Senior Aviation Management 
Officials (SAMO) (section 102-33.25);
    4. Revising requirements for agencies that only hire aircraft 
occasionally or for a specific flight (section 102-33.25);
    5. Revising GSA's responsibilities for Federal aviation management 
and adding new responsibilities (section 102-33.40);
    6. Removing current section 102-33.45. Contents were added to the 
definitions in section 102-33.20;
    7. Clarifying that aircraft selection is based on need, a strong 
business case, and life-cycle cost analysis (section 102-33.50);
    8. Clarifying where guidance for aircraft acquisition planning can 
be found (section 102-33.75);
    9. Removing current section 102-33.85;
    10. Revising agencies' responsibilities when acquiring aircraft 
parts (section 102-33.110);
    11. Clarifying what flight program standards are (section 102-
33.140);
    12. Clarifying why flight program standards must be established 
(section 102-33.145);
    13. Adding to the procedures and policies required to establish 
flight program standards (section 102-33.155);
    14. Adding administrative personnel to those considered to be 
flight program personnel (section 102-33.160);
    15. Moving operational related procedures from section 102-
33.160(c) to section 102-33.165(e);
    16. Moving maintenance related procedures from section 102-
33.160(d) to section 102-33.170(a);
    17. Removing the ``Disclosure Statement for Crewmembers and 
Qualified Non-Crewmembers Flying on Board Government Aircraft Operated 
as Public Aircraft,'' currently in section 102-33.165(e), and adding a 
revised version as Appendix A to part 102-33;
    18. Adding ``risk assessment'' as a flight program operational 
standard (section 102-33.165);
    19. Revising who may be considered flight program personnel with 
regard to training requirements (section 102-33.175);
    20. Adding a recommendation that agencies implement a Safety 
Management System (SMS) standard, including a deadline for recommended 
implementation of an SMS (section 102-33.180);
    21. Adding security program requirements (102-33.180(g));

[[Page 77339]]

    22. Revising required standards for responding to accidents and 
incidents (section 102-33.185);
    23. Revising how to account for aircraft operation and ownership 
costs (section 102-33.190);
    24. Clarifying that exchange/sale may be considered before 
disposing of aircraft and aircraft parts, and deleting the requirement 
to obtain a waiver from GSA (section 102-33.240);
    25. Clarifying that operational and non-operational aircraft may be 
reported as excess or replaced, and deleting the requirement to obtain 
a waiver from GSA (section 102-33.245);
    26. Clarifying that an agency may declassify aircraft (section 102-
33.250);
    27. Revising the process for reporting excess aircraft (section 
102-33.270);
    28. Revising what should be considered for the exchange/sale of 
aircraft, and deleting the requirement to obtain a waiver from GSA 
(section 102-33.275);
    29. Combining the disclaimers found in sections 102-33.285 and 102-
33.290 into one section, adding new requirements, and removing section 
102-33.290 (section 102-33.285);
    30. Revising what needs to be considered before the exchange/sale 
of aircraft parts (section 102-33.350);
    31. Revising the waiver in section 102-33.360;
    32. Revising requirements for disposing of military Flight Safety 
Critical Aircraft Parts (FSCAP) and/or life-limited parts (section 102-
33.370);
    33. Revising what aircraft information must be reported to GSA, 
including Unmanned Aircraft Systems, and removing the reference to 
senior Federal official travel as this is addressed in the Federal 
Travel Regulation (section 102-33.390);
    34. Revising what data are considered Federal Inventory Data and 
adding that Unmanned Aircraft Systems are included (section 102-
33.410);
    35. Adding Unmanned Aircraft Systems' cost and utilization data to 
the types of data reportable to GSA (section 102-33.425);
    36. Adding new requirements for performance indicators (sections 
102-33.465 through 102-33.475); and
    37. Updating and correcting citations and addresses as well as 
other editorial changes (entire part).

C. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 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, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.

D. Regulatory Flexibility Act

    This rule is not required to be published as a proposed rule. The 
Administrative Procedure Act, 5 U.S.C. 553(a)(2), excepts matters 
relating to agency management or personnel or to public property. This 
FMR final rule concerns matters relating to agency management or 
personnel or to public property and is not required to be published in 
the Federal Register for comment. Therefore, the Regulatory Flexibility 
Act does not apply.

E. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FMR do not impose information collection requirements that require 
the approval of the Office of Management and Budget under 44 U.S.C. 
3501, et seq.

F. Small Business Regulatory Enforcement Fairness Act

    This final rule is exempt from Congressional review under 5 U.S.C. 
801 since it relates to agency management or personnel or to public 
property.

List of Subjects in 41 CFR Part 102-33

    Accounting, Aircraft, Aviation safety. Government property 
management.

    Dated: December 5, 2014.
Dan Tangherlini,
Administrator of General Services.

    For the reasons set forth in the preamble, GSA revises 41 CFR part 
102-33 to read as follows:

PART 102-33--MANAGEMENT OF GOVERNMENT AIRCRAFT

Subpart A--How These Rules Apply

General

Sec.
102-33.5 To whom do these rules apply?
102-33.6 How are the terms ``we,'' ``you,'' ``your,'' and ``our'' 
used in this part?
102-33.10 May we request approval to deviate from these rules?
102-33.15 How does this part relate to Title 14 of the Code of 
Federal Regulations?
102-33.20 What definitions apply to this part?

Responsibilities

102-33.25 What are our responsibilities under this part?
102-33.30 What are the duties of an agency's Senior Aviation 
Management Official (SAMO)?
102-33.35 How can we get help in carrying out our responsibilities?
102-33.40 What are some of GSA's responsibilities for Federal 
aviation management?
Subpart B--Acquiring Government Aircraft and Aircraft Parts

Overview

102-33.50 Under what circumstances may we acquire Government 
aircraft?
102-33.55 Are there restrictions on acquiring Government aircraft?
102-33.60 What methods may we use to acquire Government aircraft?
102-33.65 What is the process for acquiring Government aircraft?

Planning to Acquire Government Aircraft

102-33.70 What directives must we follow when planning to acquire 
Government aircraft?
102-33.75 What other guidance is available to us in planning to 
acquire Government aircraft?

OMB Circular A-76

102-33.80 Must we comply with OMB Circular A-76 before we acquire 
Government aircraft?

The Process for Budgeting To Acquire Government Aircraft

102-33.90 What is the process for budgeting to acquire a Federal 
aircraft (including a Federal aircraft transferred from another 
executive agency)?
102-33.95 What is the process for budgeting to acquire Commercial 
Aviation Services (CAS)?

Contracting to Acquire Government Aircraft

102-33.100 What are our responsibilities when contracting to 
purchase or capital lease a Federal aircraft or to award a CAS 
contract?
102-33.105 What minimum requirements must we put into our CAS 
contracts?

Acquiring Aircraft Parts

102-33.110 What are our responsibilities when acquiring aircraft 
parts?
102-33.115 Are there requirements for acquiring military Flight 
Safety Critical Aircraft Parts (FSCAP)?
102-33.120 Are there requirements for acquiring life-limited parts?
Subpart C--Managing Government Aircraft and Aircraft Parts

Overview

102-33.125 If we use Federal aircraft, what are our management 
responsibilities?
102-33.130 If we hire CAS, what are our management responsibilities?
102-33.135 Do we have to follow the direction in OMB Circular A-123,

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``Management's Accountability and Control,'' for establishing 
management controls for our aviation program?

Establishing Flight Program Standards

102-33.140 What are Flight Program Standards?
102-33.145 Why must we establish Flight Program Standards?
102-33.150 What Federally-funded aviation activities of executive 
agencies are exempt from establishing Flight Program Standards under 
this part?
102-33.155 How must we establish Flight Program Standards?

Management/Administration

102-33.160 What standards must we establish or require 
(contractually, where applicable) for management/administration of 
our flight program?

Operations

102-33.165 What standards must we establish or require 
(contractually, where applicable) for operation of our flight 
program?

Maintenance

102-33.170 What standards must we establish or require 
(contractually, where applicable) for maintenance of our Government 
aircraft?

Training

102-33.175 What standards must we establish or require 
(contractually, where applicable) to train our flight program 
personnel?

Safety

102-33.180 What standards should we establish or require 
(contractually, where applicable) for aviation safety management?
102-33.185 What standards should we establish or require 
(contractually, where applicable) for responding to aircraft 
accidents and incidents?

Accounting for the Costs of Government Aircraft

102-33.190 What are the aircraft operations and ownership costs for 
which we must account?
102-33.195 Do we need an automated system to account for aircraft 
costs?
102-33.200 Must we periodically justify owning and operating Federal 
aircraft?
102-33.205 When we use our aircraft to support other executive 
agencies, must we recover the operating costs?

Accounting for the Use of Government Aircraft

102-33.210 How do we account for the use of our Government aircraft?
102-33.215 May we use Government aircraft to carry passengers?
102-33.220 What are the responsibilities of our aviation program in 
justifying the use of a Government aircraft to transport passengers?

Managing Aircraft Parts

102-33.225 How must we manage aircraft parts?
102-33.230 May we use military FSCAP on non-military FAA-type 
certificated Government aircraft?
102-33.235 What documentation must we maintain for life-limited 
parts and FSCAP?
Subpart D--Disposing or Replacing of Government Aircraft and Aircraft 
Parts

Overview

102-33.240 What must we consider before disposing or replacing 
aircraft and aircraft parts?
102-33.245 May we report as excess, or replace (i.e., by exchange/
sale), both operational and non-operational aircraft?
102-33.250 May we declassify aircraft?
102-33.255 Must we document FSCAP or life-limited parts installed on 
aircraft that we will report as excess or replace?
102-33.260 When we report as excess, or replace, an aircraft 
(including a declassified aircraft), must we report the change in 
inventory to the Federal Aviation Interactive Reporting System 
(FAIRS)?

Reporting Excess Federal Aircraft

102-33.265 What must we do with aircraft that are excess to our 
needs?
102-33.270 What is the process for reporting an excess aircraft?

Replacing Aircraft Through Exchange/Sale

102-33.275 What should we consider before replacing our aircraft 
through an exchange/sale?
102-33.280 What are our options if we need a replacement aircraft?
102-33.285 Do we need to include any special disclaimers in our 
exchange/sale agreements for non-certificated aircraft or aircraft 
that we have operated as public aircraft (i.e., not in compliance 
with 14 CFR)?
102-33.295 May we exchange/sell an aircraft through reimbursable 
transfer to another executive agency or conduct a negotiated sale at 
fixed price to a State Agency for Surplus Property (SASP)?

Disposing of Aircraft Parts

102-33.300 What must we consider before disposing of aircraft parts?
102-33.305 May we report as excess, or replace, FSCAP and life-
limited parts?
102-33.310 May we report as excess, or replace, unsalvageable 
aircraft parts?
102-33.315 What are the procedures for mutilating unsalvageable 
aircraft parts?
102-33.320 What must we do if we are unable to perform required 
mutilation of aircraft parts?
102-33.325 What documentation must we furnish with excess, surplus, 
or replaced parts when they are transferred, donated, exchanged, or 
sold?

Reporting Excess Aircraft Parts

102-33.330 What must we do with aircraft parts that are excess to 
our needs?
102-33.335 What are the receiving agency's responsibilities in the 
transfer of aircraft parts?
102-33.340 What are GSA's responsibilities in disposing of excess 
and surplus aircraft parts?
102-33.345 What are the responsibilities of a State Agency for 
Surplus Property (SASP) in the donation of Federal Government 
aircraft parts?

Replacing Aircraft Parts Through Exchange/Sale

102-33.350 What do we need to consider for an exchange/sale of our 
aircraft parts?
102-33.355 May we exchange/sell aircraft parts through a 
reimbursable transfer to another executive agency or conduct a 
negotiated sale at fixed price to a State Agency for Surplus 
Property (SASP)?
102-33.360 What is the process for exchanging/selling aircraft parts 
for replacement?
102-33.365 Must we report exchange/sale of parts to FAIRS?

Special Requirements for Disposing of Flight Safety Critical Aircraft 
Parts (FSCAP) and Life-Limited Parts

102-33.370 What must we do to dispose of military FSCAP and/or life-
limited parts?
102-33.375 What is a FSCAP Criticality Code?
Subpart E--Reporting Information on Government Aircraft

Overview

102-33.380 Who must report information to GSA on Government 
aircraft?
102-33.385 What Federally-funded aviation activities of executive 
agencies are exempt from the requirement to report information to 
GSA on Government aircraft?
102-33.390 What information must we report on Government aircraft?

Federal Aviation Interactive Reporting System (FAIRS)

102-33.395 What is FAIRS?
102-33.400 How must we report to FAIRS?
102-33.405 When must we report to FAIRS?

Federal Inventory Data

102-33.410 What are Federal inventory data?
102-33.415 When may we declassify an aircraft and remove it from our 
Federal aircraft inventory?
102-33.420 How must we declassify an aircraft?

Federal Aircraft Cost and Utilization Data

102-33.425 What Federal aircraft cost and utilization data must we 
report?
102-33.430 Who must report Federal aircraft cost and utilization 
data?

Commercial Aviation Services (CAS) Cost and Utilization Data

102-33.435 What CAS cost and utilization data must we report?
102-33.440 Who must report CAS cost and utilization data?

Accident and Incident Data

102-33.445 What accident and incident data must we report?
102-33.450 How must we report accident and incident data?

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Common Aviation Management Information Standard (C-AMIS)

102-33.455 What is C-AMIS?
102-33.460 What is our responsibility in relation to C-AMIS?

Performance Indicators

102-33.465 What is a performance indicator?
102-33.470 Must we develop performance indicators?
102-33.475 What are some examples of performance indicators that we 
can use?
Appendix A to Part 102-33--Disclosure Statement for Crewmembers and 
Qualified Non-Crewmembers Flying on Board Government Aircraft 
Operated as Public Aircraft


    Authority: 40 U.S.C. 121(c); 31 U.S.C. 101 et seq.; 
Reorganization Plan No. 2 of 1970, 35 FR 7959, 3 CFR, 1066-1970 
Comp., p. 1070; Executive Order 11541, 35 FR 10737, 3 CFR, 1966-1970 
Comp., p. 939; and OMB Circular No. A-126 (Revised May 22, 1992), 57 
FR 22150.

Subpart A--How These Rules Apply

General


Sec.  102-33.5  To whom do these rules apply?

    (a) The rules in this part apply to all Federally-funded aviation 
activities of executive branch agencies of the U.S. Government who use 
Government aircraft to accomplish their official business, except for 
the exemptions listed in paragraph (b) of this section.
    (b) The rules in this part do not apply to the following:
    (1) The Armed Forces, except for:
    (i) Section 102-33.25(e) and (g), which concern responsibilities 
related to the Interagency Committee for Aviation Policy (ICAP); and
    (ii) Subpart D of this part, ``Disposing of Government Aircraft and 
Aircraft Parts.''
    (2) The President or Vice President and their offices;
    (3) Aircraft when an executive agency provides Government-furnished 
avionics for commercially owned or privately owned aircraft for the 
purposes of technology demonstration or testing; and
    (4) Privately owned aircraft that agency personnel use for official 
travel (even though such use is Federally-funded).


Sec.  102-33.6  How are the terms ``we,'' ``you,'' ``your,'' and 
``our'' used in this part?

    In this part, ``we'', ``you'', ``your'', and ``our'' refer to 
agency aviation managers or an executive agency.


Sec.  102-33.10  May we request approval to deviate from these rules?

    (a) You may request approval to deviate from the rules in this 
part. See Sec. Sec.  102-2.60 through 102-2.110 of this chapter for 
guidance on requesting a deviation. In most cases, GSA will respond to 
your written request within 30 days;
    (b) GSA may not grant deviations from the requirements of OMB 
Circular A-126, ``Improving the Management of Government Aircraft;'' 
and
    (c) You should consult with GSA's Aviation Policy Division before 
you request a deviation.


Sec.  102-33.15  How does this part relate to Title 14 of the Code of 
Federal Regulations?

    This part does not supersede any of the regulations in 14 CFR 
Chapter I, ``Federal Aviation Administration, Department of 
Transportation.''


Sec.  102-33.20  What definitions apply to this part?

    The following definitions apply to this part:
    Acquire means to procure or otherwise obtain personal property, 
including by lease or rent.
    Acquisition date means the date that the acquiring executive agency 
took responsibility for the aircraft, e.g., received title (through 
purchase, exchange, or gift), signed a bailment agreement with the 
Department of Defense (DOD), took physical custody, received a court 
order, put into operational status an aircraft that is newly 
manufactured by the agency, or otherwise accepted physical transfer 
(e.g., in the case of a borrowed aircraft).
    Aircraft part means an individual component or an assembly of 
components that is used on aircraft.
    Armed Forces mean the Army, Navy, Air Force, Marine Corps, and 
Coast Guard, including their regular and Reserve components and members 
serving without component status. For purposes of this Part, the 
National Guard is also included in the Armed Forces.
    Aviation life support equipment (ALSE) means equipment that 
protects flight crewmembers and others aboard an aircraft, assisting 
their safe escape, survival, and recovery during an accident or other 
emergency.
    Aviation Policy Division is a division in the Office of Asset and 
Transportation Management, Office of Government-wide Policy, GSA. 
Contact the staff via the Aircraft Management Overview page at http://www.gsa.gov/aviationpolicy.
    Crewmember means a person assigned to operate or assist in 
operating an aircraft during flight time. Crewmembers perform duties 
directly related to the operation of the aircraft (e.g., as pilots, co-
pilots, flight engineers, navigators) or duties assisting in operation 
of the aircraft (e.g., as flight directors, crew chiefs, electronics 
technicians, mechanics). See also the terms and definitions for 
``Qualified non-crewmember'' and ``Passenger'' in this section.
    Criticality code means a single digit code that DOD assigns to 
military Flight Safety Critical Aircraft Parts (FSCAP) (see Sec. Sec.  
102-33.115 and 102-33.370).
    Data plate means a fireproof plate that is inscribed with certain 
information required by 14 CFR part 45 (or for military surplus 
aircraft, as required by Military Specifications), and secured to an 
aircraft, aircraft engine, or propeller. The information must be marked 
by etching, stamping, engraving, or other approved method of fireproof 
marking. The plate must be attached in such a manner that it is not 
likely to be defaced or removed during normal service or lost or 
destroyed in an accident. Data plates are required only on certificated 
aircraft. However, non-certificated aircraft may also have data plates.
    Declassify means to remove a lost, destroyed, or non-operational 
aircraft from the Federal aircraft inventory. Agencies may declassify 
only non-operational aircraft that they will retain for ground use 
only. Agencies must declassify an aircraft following the rules in 
Sec. Sec.  102-33.415 and 102-33.420.
    Disposal date means the date that the disposing executive agency 
relinquishes responsibility for an aircraft, for example, when the 
agency transfers title in the case of an exchange/sale; returns the 
aircraft to the lessor or bailer; declassifies it (for FAIRS, 
declassification is considered a ``disposal'' action, even though the 
agency retains the property); or relinquishes custody to another agency 
(i.e., in the case of excess (transferred) or surplus (donated or sold) 
aircraft).
    Donated aircraft means an aircraft disposed of as surplus by GSA 
through donation to a non-Federal government, a tax-exempt nonprofit 
entity, or other eligible recipient, following the rules in part Sec.  
102-37 (some agencies, for example DOD, may have independent donation 
authority.)
    Exchange means to replace personal property by trade or trade-in 
with the supplier of the replacement property.
    Exchange/sale means to exchange or sell non-excess, non-surplus 
personal property and apply the exchange allowance or proceeds of sale 
in whole or in part payment for the acquisition of similar property. 
See 40 U.S.C. 503.
    Exclusive use means a condition under which an aircraft is operated 
for the sole benefit of the U.S. Government.
    Executive agency means any executive department or independent

[[Page 77342]]

establishment in the executive branch of the United States Government, 
including any wholly owned Government corporation. See 5 U.S.C. 105.
    Federal Acquisition Service (FAS) means a component of GSA. FAS is 
organized by geographical regions. The FAS Property Management Division 
in GSA's Pacific Rim Region, 450 Golden Gate Ave., San Francisco, CA 
94102-3434, has responsibility for disposing of excess and surplus 
aircraft.
    Federal aircraft means manned or unmanned aircraft that an 
executive agency owns (i.e., holds title to) or borrows for any length 
of time. Federal aircraft include--
    (1) Bailed aircraft: Federal aircraft that is owned by one 
executive agency, but is in the custody of and operated by another 
executive agency under an agreement that may or may not include cost-
reimbursement. Bailments are executive agency to executive agency 
agreements and involve only aircraft, not services;
    (2) Borrowed aircraft: Aircraft owned by a non-executive agency and 
provided to an executive agency for use without compensation. The 
executive agency operates and maintains the aircraft;
    (3) Forfeited aircraft: 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;
    (4) Loaned aircraft: Federal aircraft owned by an executive agency, 
but in the custody of a non-executive agency under an agreement that 
does not include compensation; and
    (5) Owned aircraft: An aircraft for which title or rights of title 
are vested in an executive agency.
    Note to definition of Federal aircraft: When an executive agency 
loans or bails an aircraft that meets the criteria for Federal 
aircraft, the loaned or bailed aircraft is still considered a Federal 
aircraft in the owning agency's inventory, except when DOD is the 
owning agency of a bailed aircraft. In that case, the aircraft is 
recorded in the inventory of the bailee.
    Federal Aviation Interactive Reporting System (FAIRS) is a 
management information system operated by GSA to collect, maintain, 
analyze, and report information on Federal aircraft inventories and 
cost and usage of Federal aircraft and CAS aircraft (and related 
services) (see Sec. Sec.  102-33.395 through 102-33.440).
    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 shutdown resulting in an unsafe condition.
    Full service contract means a contractual agreement through which 
an executive agency acquires an aircraft and related aviation services 
(e.g., pilot, crew, maintenance, catering) for exclusive use. Aircraft 
hired under full service contracts are commercial aviation services 
(CAS), not Federal aircraft, regardless of the length of the contract.
    Government aircraft means manned or unmanned aircraft operated for 
the exclusive use of an executive agency. Government aircraft include--
    (1) Federal aircraft (see definition for ``Federal aircraft'' in 
this section); and
    (2) Aircraft hired as commercial aviation services (CAS). CAS 
include--
    (i) Leased aircraft for exclusive use for an agreed upon period of 
time (The acquiring executive agency operates and maintains the 
aircraft);
    (ii) Capital lease aircraft for which the leasing agency holds an 
option to take title;
    (iii) Charter aircraft for hire under a contractual agreement for 
one-time exclusive use that specifies performance (The commercial 
source operates and maintains a charter aircraft);
    (iv) Rental aircraft obtained commercially under an agreement in 
which the executive agency has exclusive use for an agreed upon period 
of time (The executive agency operates, but does not maintain, a rental 
aircraft);
    (v) Contracting for full services (i.e., aircraft and related 
aviation services for exclusive use); or
    (vi) Obtaining related aviation services (i.e., services but not 
aircraft) by commercial contract, except those services acquired to 
support a Federal aircraft.
    Governmental function means a Federally-funded activity that an 
executive agency performs in compliance with its statutory authorities.
    Intelligence community means those agencies identified in the 
National Security Act, 50 U.S.C. 401a(4).
    Inter-service support agreement (ISSA) means any agreement between 
two or more executive agencies (including the Department of Defense) in 
which one agency consents to perform aviation support services (e.g., 
providing an aircraft and other aviation services or providing only 
services) for another agency with or without cost-reimbursement. An 
executive agency-to-executive agency agreement that involves only the 
use of an aircraft, not services, is a bailment, not an ISSA.
    Life-limited part means any aircraft part that has an established 
replacement time, inspection interval, or other time-related procedure 
associated with it. For non-military parts, the FAA specifies life-
limited part airworthiness limitations in 14 CFR 21.50, 23.1529, 
25.1529, 27.1529, 29.1529, 31.82, 33.4, and 35.5, and on product Type 
Certificate Data Sheets (TCDS). Letters authorizing Technical Standards 
Orders (TSO) must also note or reference mandatory replacement or 
inspection of parts.
    Military aircraft part means an aircraft part used on an aircraft 
that was developed by the Armed Forces (whether or not it carries an 
FAA airworthiness certificate).
    Non-operational aircraft means a Federal aircraft that is not safe 
for flight and, in the owning executive agency's determination, cannot 
economically be made safe for flight. This definition refers to the 
aircraft's flight capability, not its mission-support equipment 
capability. An aircraft that is temporarily out of service for 
maintenance or repair and can economically be made safe for flight is 
considered an operational aircraft.
    Official Government business in relation to Government aircraft--
    (1) Includes, but is not limited to--
    (i) Carrying crewmembers, qualified non-crewmembers, and cargo 
directly required for or associated with performing Governmental 
functions (including travel-related Governmental functions);
    (ii) Carrying passengers authorized to travel on Government 
aircraft (see OMB Circular A-126); and
    (iii) Training pilots and other aviation personnel.
    (2) Does not include--
    (i) Using Government aircraft for personal or political purposes, 
except for required use travel and space available travel as defined in 
OMB Circular A-126; or
    (ii) Carrying passengers who are not officially authorized to 
travel on Government aircraft.
    Operational aircraft means a Federal aircraft that is safe for 
flight or, in the owning executive agency's determination, can 
economically be made safe for flight. This definition refers to the 
aircraft's flight capability, not its mission-support capability. An 
aircraft temporarily out of service for maintenance or repair is 
considered an operational aircraft.
    Original equipment manufacturer (OEM) means the person or company 
who originally designed, engineered, and manufactured, or who currently 
holds the data rights to manufacture, a

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specific aircraft or aircraft part. Parts produced under a Parts 
Manufacturer Approval (PMA) are not considered OEM parts, even though 
they can be acceptable replacement parts for OEM parts.
    Passenger means a person flying onboard a Government aircraft who 
is officially authorized to travel and who is not a crewmember or 
qualified non-crewmember.
    Performance indicator means a quantitative or qualitative term or 
value for reporting organizational activities and results, generally 
with respect to achieving specific goals related to outcomes, outputs, 
efficiency, and inputs. When applied to aircraft, performance 
indicators typically measure the effectiveness and efficiency of the 
processes involved with safely delivering aircraft services.
    Production approval holder (PAH) means the person or company who 
holds a Production Certificate (PC), Approved Production Inspection 
System (APIS), Parts Manufacturer Approval (PMA), or Technical 
Standards Orders Authorization (TSOA), issued under provisions of 14 
CFR part 21, Certification Procedures for Products and Parts, and who 
controls the design, manufacture, and quality of a specific aircraft 
part.
    Qualified non-crewmember means an individual, other than a member 
of the crew, aboard an aircraft--
    (1) Operated by an United States Government agency in the 
intelligence community; or
    (2) Whose presence is required to perform or is associated with 
performing the Governmental function for which the aircraft is being 
operated (Qualified non-crewmembers are not passengers).
    Registration mark means the unique identification mark that is 
assigned by the FAA and displayed on U.S.-registered Government 
aircraft (except Armed Forces aircraft). Foreign-registered aircraft 
hired as CAS will carry their national registration markings. 
Registration markings are commonly referred to as tail numbers.
    Related aviation services contract means a commercial contractual 
agreement through which an executive agency hires aviation services 
only (not aircraft), e.g., pilot, crew, maintenance, cleaning, 
dispatching, or catering.
    Required use travel means use of a Government aircraft for the 
travel of an executive agency officer or employee where the use of the 
Government aircraft is required because of bona fide communications or 
security need of the agency or exceptional scheduling requirements. 
Required use travel must be approved as described in OMB Circular A-
126.
    Risk analysis and management means a systematic process for--
    (1) Identifying risks and hazards associated with alternative 
courses of action involved in an aviation operation;
    (2) Choosing from among these alternatives the course(s) of action 
that will promote optimum aviation safety;
    (3) Assessing the likelihood and predicted severity of an injurious 
mishap within the various courses of action;
    (4) Controlling and mitigating identified risks and hazards within 
the chosen course(s) of action; and
    (5) Periodically reviewing the chosen course(s) of action to 
identify possible emerging risks and hazards.
    Safe for flight means approved for flight and refers to an 
aircraft, aircraft engine, propeller, appliance, or part that has been 
inspected and certified to meet the requirements of applicable 
regulations, specifications, or standards. When applied to an aircraft 
that an executive agency operates under FAA regulations, safe for 
flight means ``airworthy,'' i.e., the aircraft or related parts meet 
their design specifications and are in a condition, relative to wear 
and deterioration, for safe operation. When applied to an aircraft that 
an executive agency uses, but does not operate under the FAA 
regulations, safe for flight means a state of compliance with military 
specifications or the executive agency's own Flight Program Standards, 
and as approved, inspected, and certified by the agency.
    Safety Management System (SMS) means a formal, top-down business-
like approach to managing safety risk. It includes systematic 
procedures, practices, and policies for the management of safety, 
safety risk management, safety policy, safety assurance, and safety 
promotion. For more information on SMS, refer to FAA Advisory Circular 
120-92, ``Safety Management Systems for Aviation Service Providers.''
    Senior Aviation Management Official (SAMO) means the person in an 
executive agency who is the agency's primary member of the Interagency 
Committee for Aviation Policy (ICAP). This person must be of 
appropriate grade and position to represent the agency and promote 
flight safety and adherence to standards.
    Serviceable aircraft part means a part that is safe for flight, can 
fulfill its operational requirements, and is sufficiently documented to 
indicate that the part conforms to applicable standards/specifications.
    Suspected unapproved part means an aircraft part, component, or 
material that any person suspects of not meeting the requirements of an 
``approved part.'' Approved parts are those that are produced in 
compliance with 14 CFR part 21, are maintained in compliance with 14 
CFR parts 43 and 91, and meet applicable design standards. A part, 
component, or material may be suspect because of its questionable 
finish, size, or color; improper (or lack of) identification; 
incomplete or altered paperwork; or any other questionable indication. 
See detailed guidance in FAA Advisory Circular 21-29, ``Detecting and 
Reporting Suspected Unapproved Parts,'' available from the FAA at 
http://www.faa.gov.
    Traceable part means an aircraft part whose manufacturer or 
production approval holder can be identified by documentation, 
markings/characteristics on the part, or packaging of the part. Non-
military parts are traceable if you can establish that the parts were 
manufactured in accordance with or were previously determined to be 
airworthy under rules in 14 CFR parts 21 and 43. Possible sources for 
making a traceability determination could be shipping tickets, bar 
codes, invoices, parts marking (e.g., PMA, TSO), data plates, serial/
part numbers, manufacturing production numbers, maintenance records, 
work orders, etc.
    Training means instruction for all flight program personnel (to 
include administrative, maintenance and dispatch personnel), which 
enables them to qualify initially for their positions and to maintain 
qualification for their positions over time.

    Note: This instruction can apply to either public or civil 
missions as defined in the latest version of the FAA's Advisory 
Circular for Government aircraft operations.

    Unmanned Aircraft Systems (UAS) means an unmanned aircraft and its 
associated elements related to safe operations, which may include but 
not be limited to control stations, data communications links, support 
equipment, payloads, flight termination systems, and launch/recovery 
equipment. The unmanned aircraft (UA) is the flying component of the 
system, flown by a pilot via a ground control system, or autonomously 
through the use of an on-board computer, communication links, and any 
additional equipment necessary for the unmanned aircraft to operate 
safely. The Federal Aviation Administration issues either an 
Airworthiness Directive (AD) or a Certificate of Authorization (COA) 
for the entire system, not just the flying component of the system. 
Reporting of

[[Page 77344]]

UAS costs and flight hours is only required if the accumulated costs 
for acquisition and operations meets the agency's threshold for 
capitalization, and the UAS has a useful life of two years or more.
    Unsalvageable aircraft part means an aircraft part that cannot be 
restored to a condition that is safe for flight because of its age, its 
physical condition, a non-repairable defect, insufficient 
documentation, or its non-conformance with applicable standards/
specifications.
    U.S. Government Aircraft Cost Accounting Guide (CAG) means guidance 
for the accounting of Government aircraft costs published by GSA and is 
based on the cost guidance within OMB Circular A-126, OMB Circular A-
76, FAIRS, and the U.S. Government Standard General Ledger.

Responsibilities


Sec.  102-33.25  What are our responsibilities under this part?

    Under this part, your responsibilities are to--
    (a) Acquire, manage, and dispose of Federal aircraft (see the 
definition of ``Federal aircraft'' in Sec.  102-33.20) and acquire and 
manage Commercial Aviation Services (CAS) (see the definition for 
``CAS'' in paragraph (2) of the definition of ``Government aircraft'' 
in Sec.  102-33.20) as safely, efficiently, and effectively as possible 
consistent with the nature of your agency's aviation missions;
    (b) Document and report the--
    (1) Types and numbers of your Federal aircraft;
    (2) Costs of acquiring and operating Government aircraft;
    (3) Amount of time that your agency uses Government aircraft; and
    (4) Accidents and incidents involving Government aircraft;
    (c) Ensure that your Government aircraft are used only to 
accomplish your agency's official Government business;
    (d) Ensure that all passengers traveling on your agency's 
Government aircraft are authorized to travel on such aircraft (see OMB 
Circular A-126);
    (e) Appoint (by letter to the Deputy Associate Administrator, 
Office of Asset and Transportation Management, Office of Government-
wide Policy, GSA) a Senior Aviation Management Official (SAMO), who 
will be your agency's primary member of the ICAP (this paragraph (e) 
applies to all executive agencies that use aircraft, including the 
Department of Defense (DOD), the Federal Aviation Administration (FAA), 
and the National Transportation Safety Board (NTSB), but excludes 
executive agencies that only hire aircraft occasionally for a specific 
flight). It is suggested that an agency's SAMO have:
    (1) Experience as a pilot or crew member; or
    (2) Management experience within an aviation operations management/
flight program.
    (f) Designate an official (by letter to the Deputy Associate 
Administrator, Office of Asset and Transportation Management, Office of 
Government-wide Policy, GSA) to certify the accuracy and completeness 
of information reported by your agency through FAIRS. (Armed Forces 
agencies, which include the DOD and the U.S. Coast Guard, are not 
required to report information to FAIRS.);
    (g) Appoint representatives of the agency as members of ICAP 
subcommittees and working groups;
    (h) Ensure that your agency's internal policies and procedures are 
consistent with the requirements of OMB Circulars A-126, A-76 and A-11, 
Federal Aviation Administration Advisory Circular 120-92, and this 
part; and
    (i) Ensure that safety and other critical aviation program 
requirements are satisfied. Executive agencies that only hire aircraft 
occasionally for specific flights, must either:
    (1) Establish an aviation program that complies with the 
requirements of OMB Circular A-126; or
    (2) Hire those aircraft through an agency with a policy-compliant 
aviation program.


Sec.  102-33.30  What are the duties of an agency's Senior Aviation 
Management Official (SAMO)?

    The duties of an agency's Senior Aviation Management Official 
(SAMO) are to--
    (a) Represent the agency's views to the ICAP and vote on behalf of 
the agency as needed;
    (b) Contribute technical and operational policy expertise to ICAP 
deliberations and activities;
    (c) Serve as the designated approving official for FAIRS when the 
agency elects to have one person serve as both the SAMO and the 
designated official for FAIRS (DOD will not have a designated official 
for FAIRS); and
    (d) Appoint representatives of the agency as members of ICAP 
subcommittees and working groups.


Sec.  102-33.35  How can we get help in carrying out our 
responsibilities?

    To get help in carrying out your responsibilities under this part, 
you may--
    (a) Call or write to GSA's Aviation Policy Division (see definition 
in Sec.  102-33.20); or
    (b) Find additional aviation program management information on the 
Internet at http://www.gsa.gov/aviationpolicy.


Sec.  102-33.40  What are some of GSA's responsibilities for Federal 
aviation management?

    Under OMB Circular A-126, ``Improving the Management and Use of 
Government Aircraft,'' (http://www.whitehouse.gov/omb) GSA's chief 
responsibilities for Federal aviation management are to maintain--
    (a) A single office to carry out Governmentwide responsibilities 
for Government aircraft management, and publishing that policy;
    (b) An interagency committee (i.e., the ICAP), whose members 
represent the executive agencies that use Government aircraft to 
conduct their official business (including FAA and NTSB specifically) 
and advise and consult with GSA on developing policy for managing 
Government aircraft;
    (c) A management information system to collect, analyze, and report 
information on the inventory, cost, usage, and safety of Government 
aircraft; and
    (d) A set of performance indicators, policy recommendations, and 
guidance for the procurement, operation, and safety and disposal of 
Government aircraft.

    Note to Sec.  102-33.40: See OMB Circular A-126 (http://www.whitehouse.gov/omb) for a complete listing of GSA's 
responsibilities related to Federal aviation.

Subpart B--Acquiring Government Aircraft and Aircraft Parts

Overview


Sec.  102-33.50  Under what circumstances may we acquire Government 
aircraft?

    (a) When you meet the requirements for operating an in-house 
aviation program contained in OMB Circular A-76, ``Performance of 
Commercial Activities'' and OMB Circular A-11, ``Preparation, 
Submission, and Execution of the Budget,'' Part 2, ``Preparation and 
Submission of Budget Estimates,'' Section 25.5, ``Summary of 
Requirements,'' Table 1, which refers to the Business Case for 
Acquisition and Maintenance of Aircraft, and Section 51.18, ``Budgeting 
for the acquisition of capital assets,'' subparagraph (d) (Both 
circulars are available at http://www.whitehouse.gov/omb), you may--
    (1) Acquire Federal aircraft when--
    (i) Aircraft are the optimum means of supporting your agency's 
official business;

[[Page 77345]]

    (ii) You do not have aircraft that can support your agency's 
official business safely (e.g., in compliance with applicable safety 
standards and regulations) and cost-effectively;
    (iii) No commercial or other Governmental source is available to 
provide aviation services safely (i.e., in compliance with applicable 
safety standards and regulations) and cost-effectively; and
    (iv) Congress has specifically authorized your agency to purchase, 
lease, or transfer aircraft and to maintain and operate those aircraft 
(see 31 U.S.C. 1343);
    (2) Acquire Commercial Aviation Services (CAS) when--
    (i) Aircraft are the optimum means of supporting your agency's 
official business; and
    (ii) Using commercial aircraft and services is safe (i.e., conforms 
to applicable laws, safety standards, and regulations) and is more cost 
effective than using Federal aircraft, aircraft from any other 
Governmental source, or scheduled air carriers.
    (b) When acquiring aircraft, aircraft selection must be based on 
need, a strong business case, and life-cycle cost analysis, which 
conform to OMB Circular A-11, ``Preparation, Submission, and Execution 
of the Budget,'' Part 2, ``Preparation and Submission of Budget 
Estimates,'' Section 25.5, ``Summary of Requirements,'' Table 1, which 
refers to the Business Case for Acquisition and Maintenance of Aircraft 
(available at http://www.whitehouse.gov/omb).


Sec.  102-33.55  Are there restrictions on acquiring Government 
aircraft?

    Yes, you may not acquire--
    (a) More aircraft than you need to carry out your official 
business;
    (b) Aircraft of greater size or capacity than you need to perform 
your Governmental functions cost-effectively; or
    (c) Federal aircraft that Congress has not authorized your agency 
to acquire or Federal aircraft or commercial aircraft and services for 
which you have not followed the requirements in OMB Circulars A-76 and 
A-11 (available at http://www.whitehouse.gov/omb).


Sec.  102-33.60  What methods may we use to acquire Government 
aircraft?

    Following the requirements of Sec. Sec.  102-33.50 and 102-33.55, 
you (or an internal bureau or sub-agency within your agency) may 
acquire Government aircraft by means including, but not limited to--
    (a) Purchase;
    (b) Borrowing from a non-Federal source;
    (c) Bailment from another executive agency;
    (d) Exchange/sale;
    (e) Reimbursable transfer from another executive agency (see 
Sec. Sec.  102-36.75 and 102-36.80);
    (f) Transfer from another executive agency as approved by GSA;
    (g) Reassignment from one internal bureau or subagency to another 
within your agency;
    (h) Transfer of previously forfeited aircraft;
    (i) Insurance replacement (i.e., receiving a replacement aircraft);
    (j) Capital lease;
    (k) Rent or charter;
    (l) Contract for full services (i.e., aircraft plus crew and 
related aviation services) from a commercial source; or
    (m) Inter-service support agreements with other executive agencies 
for aircraft and services.


Sec.  102-33.65  What is the process for acquiring Government aircraft?

    Acquiring Government aircraft, as described in Sec. Sec.  102-33.70 
through 102-33.105, generally follows a three-step process:
    (a) Planning;
    (b) Budgeting; and
    (c) Contracting.

Planning To Acquire Government Aircraft


Sec.  102-33.70  What directives must we follow when planning to 
acquire Government aircraft?

    When planning to acquire Government aircraft, you must follow the 
requirements in--
    (a) 31 U.S.C. 1343, ``Buying and Leasing Passenger Motor Vehicles 
and Aircraft'';
    (b) OMB Circular A-126, ``Improving the Management and Use of 
Government Aircraft'' (http://www.whitehouse.gov/omb);
    (c) OMB Circular A-11, Part 2, Section 25.5, Table 1, Business Case 
for Acquisition and Maintenance of Aircraft (http://www.whitehouse.gov/omb);
    (d) OMB Circular A-76, ``Performance of Commercial Activities'' 
(http://www.whitehouse.gov/omb); and
    (e) OMB Circular A-94, ``Guidelines and Discount Rates for Benefit-
Cost Analysis of Federal Programs'' (http://www.whitehouse.gov/omb).


Sec.  102-33.75  What other guidance is available to us in planning to 
acquire Government aircraft?

    You can find guidance for acquisition planning in:
    (a) The ``Aviation Planning Desk Guide'' (available at http://www.gsa.gov/aviationpolicy) and
    (b) OMB's ``Capital Programming Guide,'' which is a supplement to 
OMB Circular A-11 (http://www.whitehouse.gov/omb).

OMB Circular A-76


Sec.  102-33.80  Must we comply with OMB Circular A-76 before we 
acquire Government aircraft?

    Yes, before you acquire Government aircraft, you must comply with 
OMB Circular A-76 (http://www.whitehouse.gov/omb). If you are acquiring 
Federal aircraft, you must ensure that the private sector cannot 
provide Government aircraft or related aviation services more cost-
effectively than you can provide Federal aircraft and related services.

The Process for Budgeting To Acquire Government Aircraft


Sec.  102-33.90  What is the process for budgeting to acquire a Federal 
aircraft (including a Federal aircraft transferred from another 
executive agency)?

    (a) The process for budgeting to acquire a Federal aircraft or to 
accept a Federal aircraft transferred from another executive agency 
requires that you have specific authority from Congress in your 
appropriation, as called for in 31 U.S.C. 1343, to--
    (1) Purchase, capital lease, or lease a Federal aircraft and to 
operate and maintain it; or
    (2) Accept a Federal aircraft transferred from another executive 
agency and to operate and maintain it.
    (b) For complete information on budgeting to own Federal aircraft 
(i.e., large purchase of a capital asset), see OMB Circular A-11, Part 
2, Sections 25.1 and 51.18. Also see Sec. Sec.  102-33.70 and 102-
33.75.


Sec.  102-33.95  What is the process for budgeting to acquire 
Commercial Aviation Services (CAS)?

    Except for leases and capital leases, for which you must have 
specific Congressional authorization as required by 31 U.S.C. 1343, you 
may budget to fund your CAS out of your agency's operating budget. Also 
see Sec. Sec.  102-33.70 and 102-33.75.

Contracting To Acquire Government Aircraft


Sec.  102-33.100  What are our responsibilities when contracting to 
purchase or capital lease a Federal aircraft or to award a CAS 
contract?

    In contracting to purchase or capital lease a Federal aircraft or 
to award a CAS contract, you must follow the Federal Acquisition 
Regulation (FAR) (48 CFR Chapter 1) unless your agency is exempt from 
following the FAR.

[[Page 77346]]

Sec.  102-33.105  What minimum requirements must we put into our CAS 
contracts?

    At a minimum, your CAS contracts and agreements must require that 
any provider of CAS comply with--
    (a) Civil standards in 14 CFR that are applicable to the type of 
operation(s) you are asking the contractor to conduct;
    (b) Applicable military standards; or
    (c) Your agency's Flight Program Standards (see Sec. Sec.  102-
33.140 through 102-33.185 for the requirements for Flight Program 
Standards).

Acquiring Aircraft Parts


Sec.  102-33.110  What are our responsibilities when acquiring aircraft 
parts?

    When acquiring aircraft parts, you must:
    (a) Acquire the parts cost-effectively and acquire only what you 
need;
    (b) Inspect and verify that all incoming parts are documented as 
safe for flight prior to installation;
    (c) Obtain all logbooks (if applicable) and maintenance records 
(for guidance on maintaining records for non-military parts, see 
Federal Aviation Administration (FAA) Advisory Circular 43-9C, 
``Maintenance Records,'' which is available from the FAA at http://www.faa.gov);
    (d) Plan for adequate storage and protection; and
    (e) Refer to FAA Advisory Circular 21-29C, Change (2), ``Detecting 
and Reporting Suspected Unapproved Parts'' (http://www.faa.gov).


Sec.  102-33.115  Are there requirements for acquiring military Flight 
Safety Critical Aircraft Parts (FSCAP)?

    Yes, when you acquire military Flight Safety Critical Aircraft 
Parts (FSCAP), you must--
    (a) Accept FSCAP only when it is documented or traceable to its 
original equipment manufacturer. A part's DOD FSCAP Criticality Code 
should be marked or tagged on the part or appear on its invoice/
transfer document (see Sec.  102-33.375 for further explanation of the 
FSCAP Criticality Codes); and
    (b) Not install undocumented, but traceable FSCAP until you have 
the parts inspected and recertified by the original equipment 
manufacturer or other FAA-approved facility (see Sec.  102-33.370 on 
FSCAP and AC 20-142).


Sec.  102-33.120  Are there requirements for acquiring life-limited 
parts?

    Yes, when you acquire new or used life-limited parts, you must--
    (a) Identify and inspect the parts, ensuring that they have civil 
or military-certified documentation; and
    (b) Mutilate and dispose of any expired life-limited parts (see 
Sec.  102-33.370 on handling life-limited parts).

Subpart C--Managing Government Aircraft and Aircraft Parts

Overview


Sec.  102-33.125  If we use Federal aircraft, what are our management 
responsibilities?

    If you use Federal aircraft, you are responsible for--
    (a) Establishing agency-specific Flight Program Standards, as 
defined in Sec. Sec.  102-33.140 through 102-33.185;
    (b) Accounting for the cost of acquiring, operating, and supporting 
your aircraft;
    (c) Accounting for the use of your aircraft;
    (d) Maintaining and accounting for aircraft parts;
    (e) Reporting inventory, cost, and utilization data (for reporting 
requirements, see subpart E of this part); and
    (f) Properly disposing of aircraft and parts following Sec. Sec.  
102-33.240 through 102-33.375.


Sec.  102-33.130  If we hire CAS, what are our management 
responsibilities?

    If you hire CAS, you are responsible for--
    (a) Establishing agency-specific Flight Program Standards, as 
defined in Sec. Sec.  102-33.140 through 102-33.185, as applicable, and 
requiring compliance with these standards in your contracts and 
agreements;
    (b) Accounting for the cost of your aircraft and services hired as 
CAS;
    (c) Accounting for the use of your aircraft hired as CAS; and
    (d) Reporting the cost and usage data for your CAS hires (for 
reporting requirements, see subpart E of this part).


Sec.  102-33.135  Do we have to follow OMB Circular A-123, ``Management 
Accountability and Control,'' for establishing management controls for 
our aviation program?

    Yes, you must follow OMB Circular A-123, ``Management's 
Responsibility for Accountability and Control'' (http://www.whitehouse.gov/omb), when establishing management controls for your 
aviation program. The circular requires that you establish 
organizations, policies, and procedures to ensure that, among other 
things, your aviation program achieves its intended results and you use 
your resources consistently with your agency's missions.

Establishing Flight Program Standards


Sec.  102-33.140  What are Flight Program Standards?

    Flight Program Standards are the minimum requirements that must be 
incorporated into your flight programs to ensure that your aircraft are 
operated safely, effectively, and efficiently. These requirements must:
    (a) Be specific to your agency's aviation operations, including 
your CAS;
    (b) Meet the requirements identified in Sec. Sec.  102-33.155 
through 102-33.185.
    (c) Meet or exceed applicable civil or military rules (in 
particular 49 U.S.C. 40102(a)(37) and 40125), and applicable FAA 
regulations); and
    (d) Incorporate risk management techniques when civil or military 
rules do not apply.


Sec.  102-33.145  Why must we establish Flight Program Standards?

    You must establish Flight Program Standards because Title 14 of the 
Code of Federal Regulations (14 CFR) may not cover or address all 
aspects of your agency's flight program, such as non-certificated 
aircraft, high-risk operations, special personnel requirements, etc.


Sec.  102-33.150  What Federally-funded aviation activities of 
executive agencies are exempt from establishing Flight Program 
Standards under this part?

    The following Federally-funded activities are exempt from 
establishing Flight Program Standards under this part:
    (a) The Armed Forces (which includes the U.S. Coast Guard);
    (b) Agencies in the Intelligence Community; and
    (c) Entities outside the executive branch of the Federal Government 
when using aircraft loaned to them by an executive agency (that is, 
owned by an executive agency, but operated by and on behalf of the 
loanee) unless the loanee--
    (1) Uses the aircraft to conduct official Government business; or
    (2) Is required to follow Sec. Sec.  102-33.140 through 102-33.185 
under a Memorandum of Agreement governing the loan.


Sec.  102-33.155  How must we establish Flight Program Standards?

    To establish Flight Program Standards, you must write, publish (as 
appropriate), implement, and comply with standards (specific to your 
agency), which establish or require (contractually, where applicable) 
policies and procedures for--

[[Page 77347]]

    (a) Management/administration of your flight program (in this part, 
``flight program'' includes CAS contracts);
    (b) Operation of your flight program;
    (c) Maintenance of your Government aircraft;
    (d) Training for your flight program personnel;
    (e) Safety of your flight program;
    (f) Accident reporting and investigation as appropriate; and
    (g) Reporting to FAIRS as required by this part.

Management/Administration


Sec.  102-33.160  What standards must we establish or require 
(contractually, where applicable) for management/administration of our 
flight program?

    For management/administration of your flight program, you must 
establish or require (contractually, where applicable)--
    (a) A management structure responsible for the administration, 
operation, safety, training, maintenance, and financial needs of your 
aviation operation (including establishing minimum requirements for 
these items for any commercial contracts); and
    (b) Guidance describing the roles, responsibilities, and 
authorities of your flight program personnel, e.g., managers, pilots 
and other crewmembers, flight safety personnel, maintenance personnel, 
administrative personnel and dispatchers.

Operations


Sec.  102-33.165  What standards must we establish or require 
(contractually, where applicable) for operation of our flight program?

    For operation of your flight program, you must establish or require 
(contractually, where applicable)--
    (a) Basic qualifications and currency requirements for your pilots 
and other crewmembers, maintenance personnel, administrative personnel 
and other mission-related personnel;
    (b) Limitations on duty time and flight time for pilots and other 
crewmembers;
    (c) Procedures to record and track flight time, duty time, training 
of crewmembers, and applicable medical requirements;
    (d) Compliance with owning-agency or military safety of flight 
notices and operational bulletins;
    (e) Flight-following procedures to notify management and initiate 
search and rescue operations for lost or downed aircraft;
    (f) Dissemination, as your agency determines appropriate, of a 
disclosure statement to all crewmembers and qualified non-crewmembers 
who fly aboard your agency's Government aircraft (see Appendix A to 
this part);
    (g) Creation of a manifest, at the origin of each flight, that 
contains the full names of all persons on board for each leg of flight, 
a point of contact for each person, and phone numbers for the points of 
contact;
    (h) Documentation of any changes in the manifest by leg, and 
retention of manifests for two years from the time of flight;
    (i) Procedures for reconciling flight manifests with persons 
actually on board and a method to test those procedures periodically;
    (j) At the origin of each flight, preparation of a complete weight 
and balance computation and a cargo-loading manifest, and retention of 
this computation and manifest for 30 days from the date of flight;
    (k) Appropriate emergency procedures and equipment for specific 
missions;
    (l) Procedures to ensure that required Aviation Life Support 
Equipment (ALSE) is inspected and serviceable; and
    (m) Procedures to implement a ``risk assessment'' before each 
flight and/or as frequently as necessary that include such items as 
weather, crew rest, type of flight (low level, Instrument Flight Rules 
(IFR), night, etc.) crew makeup, etc. This process should be 
accomplished in accordance with your agency's operations, flight 
dispatch, or flight following procedures/program.

Maintenance


Sec.  102-33.170  What standards must we establish or require 
(contractually, where applicable) for maintenance of our Government 
aircraft?

    For maintenance of your Government aircraft, you must establish or 
require (contractually, where applicable)--
    (a) Procedures to record and track duty time and training of 
maintenance personnel;
    (b) Aircraft maintenance and inspection programs that comply with 
whichever is most applicable among--
    (1) Programs for ex-military aircraft;
    (2) Manufacturers' programs;
    (3) FAA-approved programs (i.e., following the applicable parts of 
14 CFR);
    (4) FAA-accepted programs (i.e., those following ICAP guides or 
similar programs that have been accepted by the FAA); or
    (5) Your agency's self-prescribed programs;
    (c) Compliance with owning-agency or military safety of flight 
notices, FAA airworthiness directives, advisory circulars and orders, 
or mandatory manufacturers' bulletins applicable to the types of 
aircraft, engines, propellers, and appliances you operate;
    (d) Procedures for operating aircraft with inoperable instruments 
and equipment (i.e., Minimum Equipment Lists and Configuration 
Deviation Lists);
    (e) Technical support, including appropriate engineering 
documentation and testing, for aircraft, powerplant, propeller, or 
appliance repairs, modifications, or equipment installations;
    (f) A quality control system for acquiring replacements, ensuring 
that the parts you acquire are suitable replacement parts and have the 
documentation needed to determine that they are safe for flight and are 
inspected and tested, as applicable;
    (g) Procedures for recording and tracking maintenance actions; 
inspections; and the flight hours, cycles, and calendar times of life-
limited parts and FSCAP; and
    (h) The use of alternative aviation fuels in fleet aircraft to the 
maximum extent possible consistent with the availability of approved 
alternative fuels and aircraft operating procedures or manuals for 
those aircraft.

Training


Sec.  102-33.175  What standards must we establish or require 
(contractually, where applicable) to train our flight program 
personnel?

    You must establish or require (contractually, where applicable) the 
following standards to train your flight program personnel--
    (a) An instructional program to train your flight program 
personnel, initially and on a recurrent basis, in their roles, 
responsibilities, authorities, and in the operational skills relevant 
to the types of operations that you conduct. Flight program personnel 
may include, e.g., managers, pilots and other crewmembers, flight 
safety personnel, maintenance personnel, administrative personnel and 
dispatchers; and
    (b) An instructional program that meets the specific requirements 
for safety manager training identified in Sec.  102-33.180(a).

Safety


Sec.  102-33.180  What standards should we establish or require 
(contractually, where applicable) for aviation safety management?

    You should establish or require (contractually, where applicable) 
the following aviation safety management standards:
    (a) By June 30, 2015, a Safety Management System (SMS) that 
complies with the FAA's current Advisory Circular that addresses Safety

[[Page 77348]]

Management Systems (SMS) or an equivalent internationally recognized 
SMS standard. The SMS should include:
    (1) Policies that define clear roles and responsibilities for 
implementing an SMS. This includes ensuring that senior level 
management has the ultimate responsibility for your SMS. It also 
includes appointing members of management as qualified aviation safety 
managers and safety officers (i.e., individuals who are responsible for 
an agency's aviation safety program, regardless of title), who should 
be--
    (i) Experienced as pilots, crewmembers, maintenance personnel, or 
have experience in aviation management or aviation maintenance program 
management; and
    (ii) Graduated or certificated from an aviation safety officer 
course provided by a recognized training provider and authority in 
aviation safety before appointment or within one year after 
appointment; and
    (2) A program for preventing accidents, which includes--
    (i) Measurable accident prevention procedures (e.g., safety 
reviews, clear roles and responsibilities, operations and maintenance 
procedures, pilot and mechanic proficiency evaluations, fire drills, 
hazard analyses);
    (ii) A procedure or system for disseminating accident-prevention 
information;
    (iii) Safety training;
    (iv) An aviation safety awards program that includes applying for 
the annual Federal Aviation Awards as appropriate;
    (v) An annual review to ensure compliance with the GSA Gold 
Standard Program; and
    (vi) A safety council or committee (applies to Federal aircraft-
owning agencies);
    (b) Procedures and processes for risk analysis and risk management 
that identify and mitigate hazards through formal administrative and 
engineering controls and provide recommendations to senior level 
managers for managing risk to an optimum level;
    (c) Policies that require the use of independent, unbiased 
inspectors to verify compliance with the standards called for in this;
    (d) Procedures for reporting unsafe operations to agency aviation 
safety officers and senior aviation safety managers without reprisal;
    (e) A system to collect and report information on aircraft 
accidents and incidents (as required by 49 CFR part 830 and 41 CFR 102-
33.445 and 102-33.450);
    (f) Policies that identify clear standards for acceptable behavior; 
and
    (g) A security program that includes--
    (1) A designated security manager;
    (2) A threat assessment process;
    (3) Procedures for preventing and deterring unlawful acts;
    (4) Procedures for responding to threats and unlawful acts;
    (5) Security training for personnel; and
    (6) Policies and procedures for a mail security plan that meet the 
mail security requirements contained in FMR 102-192, ``Mail 
Management,'' Subpart C, ``Security Requirements for All Agencies,'' 
Sec. Sec.  102-192.70 through 102-192.80. Specifically, section 102-
192.80 identifies topics that must be addressed in an agency's mail 
security plan, to include a plan to protect staff and all other 
occupants of agency facilities from hazards that might be delivered in 
the mail, which would include an agency's use of aircraft for mail 
delivery.


Sec.  102-33.185  What standards must we establish or require 
(contractually, where applicable) for responding to aircraft accidents 
and incidents?

    You must establish or require (contractually, where applicable) the 
following standards for responding to aircraft accidents and incidents:
    (a) An aircraft accident/incident reporting policy to ensure that 
you will comply with the National Transportation Safety Board's (NTSB) 
regulations (located in 49 CFR parts 830 and 831), including notifying 
NTSB immediately when you have an aircraft accident or an incident as 
defined in 49 CFR 830.5. In addition, this policy must contain a method 
of notifying the U.S. General Services Administration of an accident or 
incident that was reported to the NTSB. Refer to Sec. Sec.  102-33.445 
and 102-33.450 for further information;
    (b) An agency, bureau, or field level accident/incident response 
plan, modeled on the NTSB's ``Federal Plan for Aviation Accidents 
Involving Aircraft Operated by or Chartered by Federal Agencies,'' and 
periodic disaster response exercises to test your plan. A copy of the 
NTSB's plan is available at http://www.ntsb.gov. The plan should also 
refer to or incorporate procedures (as outlined in FAA Advisory 
Circular 120-92) to identify the potential for accidents or incidents;
    (c) Procedures (see 49 CFR 831.11) for participation as a party to 
NTSB accident or incident investigations involving aircraft that your 
agency either owns or hires, and for conducting parallel 
investigations, as appropriate;
    (d) Training in investigating accidents/incidents for your agency's 
personnel who may be asked to participate in NTSB investigations or to 
conduct a parallel investigation; and
    (e) Procedures for disseminating, in the event of an aviation 
disaster that involves one of your Government aircraft, information 
about eligibility for benefits contained in the disclosure statement in 
Appendix A of this part to anyone injured, to the injured or deceased 
persons' points of contact (listed on the manifest), and to the 
families of injured or deceased crewmembers and qualified non-
crewmembers.


    Note to Sec.  102-33.185: This part does not supersede any of 
the regulations in 49 CFR parts 830 and 831. For definitions of 
terms and complete regulatory guidance on notifying the NTSB and 
reporting aircraft accidents and incidents, see 49 CFR parts 830 and 
831.

Accounting for the Costs of Government Aircraft


Sec.  102-33.190  What are the aircraft operations and ownership costs 
for which we must account?

    You must account for the operations and ownership costs of your 
Government aircraft, including your Unmanned Aircraft Systems (UAS), as 
described in the ``U.S. Government Aircraft Cost Accounting Guide'' 
(CAG), available at (http://www.gsa.gov/aviationpolicy), which follows 
OMB Circular A-126 (http://www.whitehouse.gov/omb). To account for 
aircraft costs, you must do at least the following:
    (a) Justify acquisitions to support the agency's aviation program;
    (b) Justify the use of Government aircraft in lieu of commercially 
available aircraft, and the use of one Government aircraft in lieu of 
another;
    (c) Develop a variable cost rate for each aircraft or aircraft type 
(i.e., make and model) in your inventory;
    (d) Recover the costs of operating Government aircraft;
    (e) Determine the cost effectiveness of various aspects of agency 
aircraft programs; and
    (f) Accumulate aircraft program costs following the procedures 
defined in the CAG, available at (http://www.gsa.gov/aviationpolicy).


Sec.  102-33.195  Do we need an automated system to account for 
aircraft costs?

    (a) Yes, if you own Federal aircraft or operate bailed aircraft, 
you must maintain an automated system to account for aircraft costs by 
collecting the cost data elements required by FAIRS. The functional 
specifications and data definitions for a FAIRS-

[[Page 77349]]

compliant system are described in the ``Common Aviation Management 
Information Standard'' (C-AMIS), which is available from the Aviation 
Policy Division. See Sec. Sec.  102-33.395, 102-33.405, and 102-33.410 
for more information on FAIRS, and Sec. Sec.  102-33.455 and 102-33.460 
for more information on C-AMIS.
    (b) Agencies that use only CAS aircraft and do not have Federal 
aircraft must keep records adequate for reporting information through 
FAIRS, but are not required to have an automated system. See Sec. Sec.  
102-33.435 and 102-33.440 for the information on CAS that you must 
report through FAIRS.


Sec.  102-33.200  Must we periodically justify owning and operating 
Federal aircraft?

    Yes, after you have held a Federal aircraft for five years, you 
must:
    (a) Justify owning and operating the aircraft by reviewing your 
operations and establishing that you have a continuing need for the 
aircraft, using the procedures required in OMB Circular A-76 and OMB 
Circular A-11, Part 7, Appendix B, Budgetary treatment of lease-
purchases and leases of capital assets; and
    (b) Review the continuing need for each of your aircraft and the 
cost-effectiveness of your aircraft operations as directed by OMB 
Circulars A-11 and A-76, every five years.


Sec.  102-33.205  When we use our aircraft to support other executive 
agencies, must we recover the operating costs?

    Yes, you must recover the following:
    (a) Under 31 U.S.C. 1535 and other statutes, you may be required to 
recover the costs of operating aircraft in support of other agencies. 
Depending on the statutory authorities under which you acquired and 
operate your aircraft, you will use either of the following two methods 
for establishing the rates charged for using your aircraft:
    (1) The variable cost recovery rate; or
    (2) The full cost recovery rate.
    (b) See the U.S. Government Aircraft Cost Accounting Guide (CAG) 
(http://www.gsa.gov/aviationpolicy), for the definitions of ``variable 
cost recovery rate'' and ``full cost recovery rate.''

Accounting for the Use of Government Aircraft


Sec.  102-33.210  How do we account for the use of our Government 
aircraft?

    To account for the use of Government aircraft, including your 
Unmanned Aircraft Systems (UAS), you must document all flights and keep 
this documentation for two years after the date of the flight. For each 
flight, record the--
    (a) Aircraft's registration mark;
    (b) Owner and operator (the owner may not be the operator, as is 
the case when a CAS aircraft, owned commercially, is operated by U.S. 
Government personnel);
    (c) Purpose of the flight (the Governmental function that the 
aircraft was dispatched to perform);
    (d) Departure and destination points;
    (e) Flight date(s) and times;
    (f) Manifest (see Sec.  102-33.165(g) and (h)); and
    (g) Name(s) of the pilot(s) and crewmembers.


Sec.  102-33.215  May we use Government aircraft to carry passengers?

    Yes, you may use Government aircraft to carry passengers with the 
following restrictions:
    (a) You may carry passengers only on aircraft that you operate or 
require contractually to be operated in accordance with the rules and 
requirements in 14 CFR; and
    (b) For certain kinds of travel, your agency must justify 
passengers' presence on Government aircraft. See OMB Circular A-126 and 
the Federal Travel Regulation (FTR) Sec. Sec.  301-10.260 through 301-
10.266, and 301-70.800 through 301-70.808, and 301-70.910 (41 CFR 301-
10.260 through 301-10.266, 301-70.800 through 301-70.808, and 301-
70.910) for complete information on authorizing travel and analyzing 
costs before authorizing travel on Government aircraft.


Sec.  102-33.220  What are the responsibilities of our aviation program 
in justifying the use of a Government aircraft to transport passengers?

    After receiving a request from your agency, your aviation program's 
responsibilities in justifying the use of a Government aircraft to 
transport passengers are to your travel approving authority:
    (a) Cost estimates to assist in determining whether or not use of a 
Government aircraft to carry passengers is justified. See OMB Circular 
A-126 (http://www.whitehouse.gov/omb) for more information on 
justifying travel on Government aircraft. See also FTR Sec. Sec.  301-
10.260 through 301-10.266, and 301-70.800 through 301-70.808, and 301-
70.910 (41 CFR 301-10.260 through 301-10.266, 301-70.800 through 301-
70.808, and 301-70.910) for guidance on estimating the cost of using a 
Government aircraft. The cost of using a Government aircraft is--
    (1) The variable cost of using a Federal aircraft;
    (2) The amount your agency will be charged by a CAS provider; or
    (3) The variable cost of using an aircraft owned by another agency 
as reported by the owning agency; and
    (b) Information to assist in the analysis of alternatives to travel 
on Government aircraft. The information must include the following:
    (1) If no follow-on 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 the 
repositioning 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; and
    (4) The use of foreign aircraft as CAS is authorized when the 
agency has determined that an equivalent level of safety exists as 
compared to U.S. operations of a like kind. The safety of passengers 
shall be the overriding consideration for the selection of travel mode 
when comparing foreign sources of scheduled commercial airlines and 
CAS.

Managing Aircraft Parts


Sec.  102-33.225  How must we manage aircraft parts?

    You must manage your aircraft parts by maintaining proper storage, 
protection, maintenance procedures, and records for the parts 
throughout their life cycles.


Sec.  102-33.230  May we use military FSCAP on non-military FAA-type 
certificated Government aircraft?

    You may use dual-use military FSCAP on non-military aircraft 
operated under restricted or standard airworthiness certificates if the 
parts are inspected and approved for such installation by the FAA. See 
detailed guidance in FAA Advisory Circular 20-142, Change (1), 
``Eligibility and Evaluation of U.S. Military Surplus Flight Safety 
Critical Aircraft Parts, Engines, and Propellers'' (http://www.faa.gov).


Sec.  102-33.235  What documentation must we maintain for life-limited 
parts and FSCAP?

    For life-limited parts and FSCAP, you must hold and update the 
documentation that accompanies these parts for as long as you use or 
store them. When you dispose of life-limited parts or FSCAP, the up-to-
date documentation must accompany the parts. (See Sec.  102-33.370.)

[[Page 77350]]

Subpart D--Disposing or Replacing of Government Aircraft and 
Aircraft Parts

Overview


Sec.  102-33.240  What must we consider before disposing or replacing 
aircraft and aircraft parts?

    Before disposing of aircraft and aircraft parts, you must first 
determine if the aircraft or parts are excess to your agency's mission 
or, if your aircraft or parts are not excess, if you will need 
replacements, as follows:

------------------------------------------------------------------------
(a) If your aircraft/parts are .
               . .                     And . . .          Then . . .
------------------------------------------------------------------------
No longer needed to perform       You do not need to  You must report
 their mission(s) for your         replace them,       them to GSA as
 agency, i.e., they are excess                         excess property
 to your needs,                                        (see 41 CFR 102-
                                                       36.45(e)).
------------------------------------------------------------------------
(b) If your aircraft/parts are .  And . . .           Then . . .
 . .
------------------------------------------------------------------------
No longer suitable, or capable    You do need to      You may consider
 of performing their mission(s)    replace them,       using the
 for your agency,                                      exchange/sale
                                                       authority (see 41
                                                       CFR part 102-39).
------------------------------------------------------------------------

Sec.  102-33.245  May we report as excess, or replace (i.e., by 
exchange/sale), both operational and non-operational aircraft?

    Yes, you may report as excess, or replace both operational and non-
operational aircraft by following the rules governing excess personal 
property and exchange/sale (see 41 CFR parts 102-36 and 102-39, 
respectively).


Sec.  102-33.250  May we declassify aircraft?

    Yes, you may declassify aircraft (See Sec. Sec.  102-33.415 and 
102-33.420).
    (a) A declassified aircraft is no longer considered an aircraft, 
but may be considered as a group of aircraft parts or other property 
for ground use only.
    (b) You must retain documentation and traceability on all parts 
that are intended for use as replacement parts on other aircraft. You 
must carry such ``aircraft parts or other property'' on your property 
records under the appropriate Federal Supply Classification group(s) 
(e.g., miscellaneous property).
    (c) For disposal of the property remaining after declassification 
of an aircraft, you must follow the property disposal regulations in 41 
CFR parts 102-36, 102-37, 102-38 and 102-39.


Sec.  102-33.255  Must we document FSCAP or life-limited parts 
installed on aircraft that we will report as excess or replace?

    Yes, you must comply with the documentation procedures described in 
Sec.  102-33.370 if your aircraft and/or engines contain FSCAP or life-
limited parts that you will report as excess or replace.


Sec.  102-33.260  When we report as excess, or replace, an aircraft 
(including a declassified aircraft), must we report the change in 
inventory to the Federal Aviation Interactive Reporting System (FAIRS)?

    (a) Yes. When you report as excess or replace an aircraft you must 
report the change in inventory to FAIRS. For more information see Sec.  
102-33.405.
    (b) Within 14 calendar days of the date you dispose of the 
aircraft, you must report--
    (1) The disposal method (e.g., reassignment, inter-agency transfer, 
donation, sale as surplus or scrap, declassification, or exchange/
sale);
    (2) The disposal date; and
    (3) The identity and type of recipient (e.g., State, educational 
institution, executive agency, commercial vendor).

Reporting Excess Federal Aircraft


Sec.  102-33.265  What must we do with aircraft that are excess to our 
needs?

    If aircraft are excess to your needs, you must:
    (a) Reassign the aircraft within your agency if any of your sub-
agencies can use the aircraft; or
    (b) Report the aircraft as excess property to GSA (see 41 CFR part 
102-36) if none of your sub-agencies can use the aircraft.


Sec.  102-33.270  What is the process for reporting an excess aircraft?

    To report an excess aircraft, you must:
    (a) Report electronically to GSA's Federal Disposal System 
GSAXcess[supreg] (http://gsaxcess.gov). For information on reporting 
excess property electronically, contact the Federal Acquisition Service 
(FAS), Pacific Rim Region (Region 9) at (415) 522-2777; and
    (b) Submit a Standard Form (SF) 120, Report of Excess Personal 
Property (see Sec.  102-2.135), to: General Services Administration, 
Federal Acquisition Service, Pacific Rim Region, 450 Golden Gate 
Avenue, 4th Floor West, San Francisco, CA, 94102-3434.

Replacing Aircraft Through Exchange/Sale


Sec.  102-33.275  What should we consider before replacing our aircraft 
through exchange/sale?

    Before an exchange/sale of your aircraft, you should consider 
whether:
    (a) You have a continuing need for similar property and that the 
property being exchanged or sold is not excess or surplus; and
    (b) The exchange/sale meets all other requirements in 41 CFR part 
102-39.


Sec.  102-33.280  What are our options if we need a replacement 
aircraft?

    If you need to replace an aircraft, your options are--
    (a) Negotiating and conducting an exchange transaction directly 
with an aircraft provider and obtaining credit toward the purchase of a 
replacement aircraft, following the procurement rules applicable to 
your agency; or
    (b) Selling the aircraft and using the proceeds to offset the cost 
of purchasing a replacement aircraft, following 41 CFR part 102-39. 
Sales Centers (SC) that are currently authorized to conduct sales, as 
well as contact information for the GovSales Program Manager, are 
available on the GovSales Web site at http://www.gsa.gov/portal/content/105020.


Sec.  102-33.285  Do we need to include any special disclaimers in our 
exchange/sale agreements for non-certificated aircraft or aircraft that 
we have operated as public aircraft (i.e., not in compliance with 14 
CFR)?

    Yes, when you exchange/sell non-certificated aircraft or aircraft 
maintained as public aircraft, you must ensure that the exchange/sale 
offerings contain the following statement:
    ``Warning to purchasers/recipients. The aircraft you are purchasing 
or receiving in an exchange may not be in

[[Page 77351]]

compliance with applicable Federal Aviation Administration (FAA) 
requirements. You are solely responsible for bringing the aircraft into 
compliance with 14 CFR Chapter I, or other applicable standards, by 
obtaining all necessary FAA inspections or modifications.
    The purchaser/recipient agrees that the Government shall not be 
held liable for personal injuries to, disabilities of, or death of the 
purchaser/recipient, the purchaser's/recipient's employees, or to any 
other persons arising from or incident to the purchase of this 
aircraft, its use, or disposition. You will 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 the 
purchase, use, or resale of this item. This aircraft may have been 
operated outside the limitations of 14 CFR Chapter I, and some type of 
inspection may be needed to determine its airworthiness prior to being 
flown. You should be aware of the items below prior to operating this 
aircraft.
    <bullet> All civil and public aircraft must have a valid 
registration issued by the FAA as required by 14 CFR Chapter I.
    <bullet> Civil aircraft must have a valid airworthiness certificate 
in order to operate in the U.S. airspace.
    <bullet> In order for the aircraft to be eligible for a standard 
airworthiness certificate, the aircraft must conform to its FAA Type 
Certificate.
    <bullet> Aircraft not having a valid airworthiness certificate may 
be eligible for a special FAA one-time flight permit to enable 
relocating the aircraft. Relocation can be for a number of reasons, 
including storage, repair, inspection, or public display. Any one-time 
flight approval is predicated on the aircraft being safe for flight.
    <bullet> Individuals who purchase a surplus military (foreign or 
domestic) or foreign aircraft not having any type of FAA Type 
Certificate may be unable to obtain any type of airworthiness 
certificate or special flight permit.
    <bullet> An aircraft with good maintenance and inspection records 
makes an airworthiness determination easier to ascertain. It is in your 
best interest to contact the nearest FAA Flight Standards District 
Office and discuss your responsibilities with respect to gaining an 
airworthiness determination. The location of your nearest FAA office 
may be obtained from the FAA's Web site (http://www.faa.gov/).
    <bullet> When the aircraft is purchased for spare parts and the 
airframe is scrapped, you should declassify the aircraft (see Sec.  
102-33.420 for more information), complete the back of the aircraft's 
registration form and send it to: The FAA Aircraft Registration Branch, 
P.O. Box 25504, Oklahoma City, OK 73125-0504.''


Sec.  102-33.295  May we exchange/sell an aircraft through reimbursable 
transfer to another executive agency or conduct a negotiated sale at 
fixed price to a State Agency for Surplus Property (SASP)?

    Yes, you may exchange/sell an aircraft through reimbursable 
transfer to another executive agency or conduct a negotiated sale at 
fixed price to a State Agency for Surplus Property (SASP) (see Sec.  
102-39.55 for more information).

    Note to Sec.  102-33.295: Some agencies may also have special 
congressional authorization to recover costs.

Disposing of Aircraft Parts


Sec.  102-33.300  What must we consider before disposing of aircraft 
parts?

    Before disposing of aircraft parts, you must first determine if 
they are excess to your agency's mission requirements or, if the 
aircraft parts are not excess, if you will need replacements. The table 
in Sec.  102-33.240 shows the differences between excess and 
replacement parts.


Sec.  102-33.305  May we report as excess, or replace, FSCAP and life-
limited parts?

    Yes, you may report as excess, or replace, FSCAP and life-limited 
parts, but they require special handling. See the tables in Sec.  102-
33.370.


Sec.  102-33.310  May we report as excess, or replace, unsalvageable 
aircraft parts?

    No, you may not report unsalvageable aircraft parts as excess or 
exchange/sale them for replacements. You must mutilate unsalvageable 
parts. You may sell the mutilated parts only as scrap or report that 
scrap to GSA for sale.


Sec.  102-33.315  What are the procedures for mutilating unsalvageable 
aircraft parts?

    When mutilating unsalvageable aircraft parts, you must--
    (a) Destroy the data plates, remove the serial/lot/part numbers, 
and cut, crush, grind, melt, burn, or use other means to prevent the 
parts from being misidentified or used as serviceable aircraft parts. 
Call your regional FAA Flight Standards District Office for additional 
guidance;
    (b) Ensure that an authorized official of your agency witnesses and 
documents the mutilation; and
    (c) Retain a signed certification and statement of mutilation.


Sec.  102-33.320  What must we do if we are unable to perform required 
mutilation of aircraft parts?

    If you are unable to perform the required mutilation of aircraft 
parts, you must turn the parts in to a Federal or Federally-approved 
facility for mutilation and proper disposition. Ensure that any 
contractor follows the provisions of Sec.  102-33.315 for mutilating 
and disposing of the parts.


Sec.  102-33.325  What documentation must we furnish with excess, 
surplus or replaced parts when they are transferred, donated, or 
exchanged/sold?

    When you transfer, donate, or exchange/sell excess, surplus or 
replaced parts, you must--
    (a) Furnish all applicable labels, tags, and historical and 
modification records for serviceable aircraft parts;
    (b) Mark mutilated parts as unsalvageable (mutilated parts may be 
sold only for scrap; see Sec.  102-33.315); and
    (c) Ensure that all available tags, labels, applicable historical 
data, life-histories, and maintenance records accompany FSCAP and life-
limited parts and that FSCAP criticality codes (see Sec.  102-33.375) 
are perpetuated on documentation (see Sec.  102-33.330 for additional 
requirements).

Reporting Excess Aircraft Parts


Sec.  102-33.330  What must we do with aircraft parts that are excess 
to our needs?

    If aircraft parts are excess to your needs, you must:
    (a) Reassign the aircraft parts within your agency if any of your 
sub-agencies can use the parts; or
    (b) Report the excess parts to GSA, using Standard Form (SF) 120, 
``Report of Excess Personal Property'' (see Sec.  102-2.135 for 
information to obtain this form). When reporting excess FSCAP, you must 
include the manufacturer's name, date of manufacture, part number, 
serial number, and the appropriate Criticality Code on the SF 120. For 
information on reporting excess property, refer to http://gsaxcess.gov. 
(See 41 CFR part 102-36 regarding disposal of excess property.)


Sec.  102-33.335  What are the receiving agency's responsibilities in 
the transfer of aircraft parts?

    An agency that receives transferred aircraft parts must:
    (a) Verify that all applicable labels and tags and historical and 
modification records accompany all serviceable aircraft parts (i.e., 
parts that are intended for flight use) that you receive. This 
requirement does not apply to parts for ground use only. See the tables 
in Sec.  102-33.370.
    (b) Mutilate all transferred parts that you discover to be 
unsalvageable, and dispose of them properly, following the procedures 
in Sec.  102-33.315.

[[Page 77352]]

Sec.  102-33.340  What are GSA's responsibilities in disposing of 
excess and surplus aircraft parts?

    In disposing of excess aircraft parts, the GSA FAS office in your 
region:
    (a) Reviews your SF 120, Report of Excess Personal Property (see 
Sec.  102-2.135 for information to obtain this form) for completeness 
and accuracy (of status, condition, and FSCAP and demilitarization 
codes if applicable); and
    (b) Ensures that the following certification is included on 
disposal documents (e.g., transfer orders or purchasers' receipts):
    Because of the critical nature of the failure of aircraft parts and 
the resulting potential safety threat, recipients of aircraft parts 
must ensure that any parts installed on an aircraft meet applicable 
Federal Aviation Administration (FAA) requirements and must obtain 
required certifications. GSA makes no representation as to a part's 
conformance with the FAA requirements.


Sec.  102-33.345  What are the responsibilities of a State Agency for 
Surplus Property (SASP) in the donation of Federal Government aircraft 
parts?

    When a SASP accepts surplus Federal Government aircraft parts for 
donation, the SASP must:
    (a) Review donation and transfer documents for completeness and 
accuracy, and ensure that the certification in Sec.  102-33.340 is 
included;
    (b) Ensure that when the donee determines the part to be 
unsalvageable, the donee mutilates the part following the procedures in 
Sec.  102-33.315; and
    (c) Ensure that the donee retains, maintains, and perpetuates all 
documentation for serviceable parts (parts intended for flight use).

Replacing Aircraft Parts Through Exchange/Sale


Sec.  102-33.350  What do we need to consider for an exchange/sale of 
our aircraft parts?

    (a) When replacing aircraft parts through exchange/sale you--
    (1) Do not need approval from GSA; and
    (2) Must follow the provisions of this subpart and part 102-39 of 
this chapter.
    (b) Replacement parts do not have to be for the same type or design 
of aircraft, but you must use the exchange allowance or sales proceeds 
to purchase aircraft parts to support your aviation program which meet 
the ``similarity'' requirement in 41 CFR part 102-39.


Sec.  102-33.355  May we exchange/sell aircraft parts through a 
reimbursable transfer to another executive agency or conduct a 
negotiated sale at fixed price to a State Agency for Surplus Property 
(SASP)?

    Yes, you may exchange/sell aircraft parts through a reimbursable 
transfer to another executive agency, or conduct a negotiated sale at 
fixed price to a SASP (see Sec.  102-39.55 for more information).


Sec.  102-33.360  What is the process for exchanging/selling aircraft 
parts for replacement?

    (a) You or your agent (i.e., another Federal agency or an 
authorized Sales Center) may transact an exchange/sale directly with a 
non-Federal source, or do a reimbursable transfer with another 
executive agency as long as you or your agent--
    (1) Follow the provisions in this part and in 41 CFR part 102-39;
    (2) Ensure that the applicable labels and tags, historical data and 
modification records accompany the parts at the time of sale, and that 
sales offerings on aircraft parts contain the following statement:
    ``Warning to purchasers/recipients. The aircraft parts you are 
purchasing or receiving in an exchange may not be in compliance with 
applicable Federal Aviation Administration (FAA) requirements. You are 
solely responsible for bringing the aircraft into compliance with 14 
CFR Chapter I, or other applicable standards, by obtaining all 
necessary FAA inspections or modifications.''
    (3) Ensure that the following certification is signed by the 
purchaser/recipient and received by the Government before releasing 
parts to the purchaser/recipient:
    ``The purchaser/recipient agrees that the Government shall not be 
held liable for personal injuries to, disabilities of, or death of the 
purchaser/recipient, the purchaser's/recipient's employees, or to any 
other persons arising from or incident to the purchase of these 
aircraft parts, their use, or disposition. The purchaser/recipient 
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 the purchase, use, or resale of these 
aircraft parts.
    These parts may have been used on aircraft that were operated 
outside the limitations of 14 CFR Chapter I, and some type of 
inspection may be needed to determine their airworthiness prior to 
being used on a recipient aircraft.
    You should be aware of the following requirements prior to 
operating an aircraft with parts received from an exchange.
    <bullet> All civil and public aircraft must have a valid 
registration issued by the FAA as required by 14 CFR Chapter I.
    <bullet> Civil aircraft must have a valid airworthiness certificate 
in order to operate in U.S. airspace.
    <bullet> In order for the aircraft to be eligible for a standard 
airworthiness certificate, the aircraft must conform to its FAA Type 
Certificate.
    <bullet> Aircraft not having a valid airworthiness certificate may 
be eligible for a special FAA one-time flight permit to enable 
relocating the aircraft. Relocation can be for a number of reasons, 
perhaps including storage, repair, inspection, or public display. Any 
one-time flight approval is predicated on the aircraft being safe for 
flight.
    <bullet> Individuals who purchase a surplus military (foreign or 
domestic) or foreign aircraft not having any type of FAA Type 
Certificate may be unable to obtain any type of airworthiness 
certificate or special flight permit.
    <bullet> An aircraft with good maintenance and inspection records 
makes an airworthiness determination easier to ascertain. It is in your 
best interest to contact the nearest FAA Flight Standards District 
Office and discuss your responsibilities with respect to gaining an 
airworthiness determination. The location of your nearest FAA office 
may be obtained from the FAA's Web site (http://www.faa.gov/).''
    (b) Authorized SCs can conduct sales of aircraft parts for you. SCs 
that are currently authorized to conduct sales, as well as contact 
information for the GovSales Program Manager, are available on the 
GovSales Web site at http://www.gsa.gov/portal/content/105020.


Sec.  102-33.365  Must we report exchange/sale of parts to FAIRS?

    No, you don't have to report exchange/sale of parts to FAIRS. 
However, you must report the transactions to GSA as part of your 
agency's annual report (see 41 CFR part 102-39 Subpart C--Exchange/Sale 
Methods and Reports).

Special Requirements for Disposing of Flight Safety Critical Aircraft 
Parts (FSCAP) and Life-Limited Parts


Sec.  102-33.370  What must we do to dispose of military FSCAP and/or 
life-limited parts?

    To dispose of military FSCAP and/or life-limited parts, you must 
use the following tables:
    (a) Table 1 for disposing of uninstalled FSCAP and/or life-limited 
parts follows:

[[Page 77353]]



                      Table 1 for Disposing of Uninstalled FSCAP and/or Life-Limited Parts
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
(1) If an Uninstalled FSCAP (i.e., not
 installed in an aircraft or engine)_
    (i) Is documented_                    Then.......................  (A) You may exchange/sale it or transfer
                                                                        it to another executive agency under 41
                                                                        CFR parts 102-36 and 102-39;
                                                                       (B) GSA may donate it for flight use
                                                                        under 41 CFR part 102-37 of this
                                                                        subchapter; or
                                                                       (C) GSA may donate it for ground use
                                                                        only, after you mutilate and mark it,
                                                                        ``FSCAP_NOT AIRWORTHY'' (the State
                                                                        Agency for Surplus Property must certify
                                                                        that the part has been mutilated and
                                                                        marked before donation).
    (ii) Is undocumented, but traceable   Then.......................  (A) You may exchange/sell it only to the
     to its original equipment                                          OEM or PAH under 41 CFR part 102-39;
     manufacturer (OEM) or production                                  (B) GSA may transfer or donate it for
     approval holder (PAH)_                                             flight use, but only by making it a
                                                                        condition of the transfer or donation
                                                                        agreement that the recipient will have
                                                                        the part inspected, repaired, and
                                                                        certified by the OEM or PAH before
                                                                        putting it into service (Note: You must
                                                                        mark parts individually to ensure that
                                                                        the recipient is aware of the part's
                                                                        service status); or
                                                                       (C) GSA may donate it for ground use
                                                                        only, after you mutilate and mark it,
                                                                        ``FSCAP_NOT AIRWORTHY'' (the State
                                                                        Agency for Surplus Property must certify
                                                                        that the part has been mutilated and
                                                                        marked before donation).
    (iii) Is undocumented and             Then.......................  (A) GSA may transfer or donate it for
     untraceable, you must mutilate it,                                 ground use only, after you mark it,
     and_                                                               ``FSCAP_NOT AIRWORTHY'' (the State
                                                                        Agency for Surplus Property must certify
                                                                        that the part has been mutilated and
                                                                        marked before donation); or
                                                                       (B) You may sell it only for scrap under
                                                                        Sec.  Sec.   102-33.310 and 102-33.315.
(2) If an uninstalled life-limited part
 (i.e., not installed in an aircraft or
 engine)_
    (i) Is documented with service life   Then.......................  (A) You may exchange/sale it or transfer
     remaining_                                                         it to another executive agency under 41
                                                                        CFR parts 102-36 and 102-39;
                                                                       (B) GSA may donate it for flight use
                                                                        under 41 CFR part 102-37; or
                                                                       (C) GSA may donate it for ground use
                                                                        only, after you mutilate and mark it,
                                                                        ``EXPIRED LIFE-LIMITED_NOT AIRWORTHY''
                                                                        (the State Agency for Surplus Property
                                                                        must certify that the part has been
                                                                        mutilated and marked before donation).
    (ii) Is documented with no service    But........................  (A) GSA may transfer or donate it for
     life remaining, or undocumented,                                   ground use only, after you mutilate and
     GSA may not transfer it to another                                 mark it, ``EXPIRED LIFE-LIMITED_NOT
     executive agency for flight use_                                   AIRWORTHY'' (the State Agency for
                                                                        Surplus Property must certify that the
                                                                        part has been mutilated and marked
                                                                        before donation); or
                                                                       (B) You must mutilate it and may sell it
                                                                        only for scrap.
----------------------------------------------------------------------------------------------------------------

    (b) Table 2 for disposing of installed FSCAP and/or life-limited 
parts follows:

                       Table 2 for Disposing of Installed FSCAP and/or Life-Limited Parts
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
(1) If a FSCAP and/or life-limited part
 is installed in an aircraft or an
 engine, and it_
    (i) Is documented with service life   Then.......................  (A) You may exchange/sale the aircraft or
     remaining_                                                         engine, or GSA may transfer the aircraft
                                                                        or engine to another executive agency
                                                                        under 41 CFR parts 102-36 and 102-39;
                                                                       (B) GSA may donate the aircraft or engine
                                                                        for flight use or ground use.
    (ii) Is documented with no service    Then.......................  (A) You must remove and mutilate the part
     life remaining_                                                    before you exchange/sale the aircraft or
                                                                        engine (see rules for disposing of
                                                                        uninstalled life-limited parts in Table
                                                                        1 of this section). (Note: If an
                                                                        aircraft or engine is exchanged/sold to
                                                                        its OEM or PAH, you do not have to
                                                                        remove the expired life-limited part);
                                                                       (B) You must remove and mutilate the part
                                                                        before GSA may transfer or donate the
                                                                        aircraft or engine for flight use (see
                                                                        the rules for disposing of uninstalled
                                                                        FSCAP in Table 1 of this section).
                                                                        (Note: An internal engine part may be
                                                                        left installed, if you identify the part
                                                                        individually to ensure that the
                                                                        receiving agency is aware of the part's
                                                                        service status and, as a condition of
                                                                        the transfer or donation agreement, the
                                                                        receiving agency agrees to remove and
                                                                        mutilate the part before the engine is
                                                                        put into service. You must certify
                                                                        mutilation for transfers, and the State
                                                                        Agency for Surplus Property must certify
                                                                        that the part has been mutilated for
                                                                        donations); or
                                                                       (C) GSA may donate the aircraft or engine
                                                                        for ground use only, after you remove
                                                                        the part, mutilate and mark it ``EXPIRED
                                                                        LIFE-LIMITED_NOT AIRWORTHY.'' (Note: An
                                                                        internal engine part may be left
                                                                        installed, if, as a condition of the
                                                                        donation agreement, the receiving agency
                                                                        agrees to remove and mutilate the part
                                                                        and mark it, and the State Agency for
                                                                        Surplus Property must certify that the
                                                                        part has been mutilated and marked).
----------------------------------------------------------------------------------------------------------------


[[Page 77354]]

Sec.  102-33.375  What is a FSCAP Criticality Code?

    (a) A FSCAP Criticality Code is a code assigned by DOD to indicate 
the type of FSCAP: Code ``F'' indicates a standard FSCAP; Code ``E'' 
indicates a nuclear-hardened FSCAP.
    (b) You must perpetuate a FSCAP Criticality Code on all property 
records and reports of excess. If the code is not annotated on the 
transfer document that you received when you acquired the part, you may 
contact the appropriate military service or query DOD's Federal 
Logistics Information System (FLIS) using the National Stock Number 
(NSN) or the part number (see http://www.dlis.dla.mil/webflis). For 
assistance in subscribing to the FLIS service, contact the WebFLIS 
Consumer Support Office, 1-877-352-2255.

Subpart E--Reporting Information on Government Aircraft

Overview


Sec.  102-33.380  Who must report information to GSA on Government 
aircraft?

    You must report information to GSA on Government aircraft if your 
agency--
    (a) Is an executive agency of the United States Government; and
    (b) Owns, bails, borrows, loans, leases, rents, charters, or 
contracts for (or obtains by ISSA) Government aircraft.


Sec.  102-33.385  What Federally-funded aviation activities of 
executive agencies are exempt from the requirement to report 
information to GSA on Government aircraft?

    The following Federally-funded activities are exempt from the 
requirement to report information to GSA on Government aircraft:
    (a) The Armed Forces (which includes the U.S. Coast Guard); and
    (b) Agencies in the Intelligence Community.


Sec.  102-33.390  What information must we report on Government 
aircraft?

    You must report the following information to GSA (for information 
regarding how to report this information, see: https://gsa.inl.gov/fairs/):
    (a) Inventory data on Federal aircraft, including your Unmanned 
Aircraft Systems (UAS), through FAIRS;
    (b) Cost and utilization data on Federal aircraft, including your 
Unmanned Aircraft Systems (UAS), through FAIRS;
    (c) Cost and utilization data on CAS aircraft and related aviation 
services (see definition of ``Government aircraft'' for more on CAS), 
through FAIRS;
    (d) Accident and incident data (see Sec.  102-33.445); and
    (e) The results of standard competition studies in compliance with 
OMB Circular A-76 to justify purchasing, leasing, modernizing, 
replacing, or otherwise acquiring aircraft and related aviation 
services.

Federal Aviation Interactive Reporting System (FAIRS)


Sec.  102-33.395  What is FAIRS?

    FAIRS is a management information system operated by GSA to 
collect, maintain, analyze, and report information on Federal aircraft 
inventories and cost and usage of Federal aircraft and CAS aircraft 
(and related aviation services). Users access FAIRS through a highly-
secure Web site. The U.S. Government Aircraft Cost Accounting Guide 
(CAG) (see http://www.gsa.gov/aviationpolicy) contains the business 
rules for using the system.


Sec.  102-33.400  How must we report to FAIRS?

    You must report to FAIRS electronically through a secure Web 
interface to the FAIRS application on the Internet. For additional 
information see https://gsa.inl.gov/fairs/.


Sec.  102-33.405  When must we report to FAIRS?

    (a) You must report any changes in your Federal aircraft inventory 
within 14 calendar days of those changes.
    (b) You must report cost and utilization data to FAIRS at the end 
of every quarter of the fiscal year (December 31, March 31, June 30, 
and September 30). However, you may submit your information to FAIRS on 
a daily, weekly, or monthly basis. To provide enough time to calculate 
your cost and utilization data, you may report any one quarter's cost 
and utilization in the following quarter, as follows:

------------------------------------------------------------------------
                 Quarter                              Submit
------------------------------------------------------------------------
QTR 1_October 1-December 31.............  Federal inventory for QTR 1.
                                          Federal cost and utilization
                                           for previous QTR 4.
                                          CAS cost and utilization for
                                           previous QTR 4.
QTR 2_January 1-March 31................  Federal inventory for QTR 2.
                                          Federal cost and utilization
                                           for QTR 1.
                                          CAS cost and utilization for
                                           QTR 1.
QTR 3_April 1-June 30...................  Federal inventory for QTR 3.
                                          Federal cost and utilization
                                           for QTR 2.
                                          CAS cost and utilization for
                                           QTR 2.
QTR 4_July 1-September 30...............  Federal inventory for QTR 4.
                                          Federal cost and utilization
                                           for QTR 3.
                                          CAS cost and utilization for
                                           QTR 3.
------------------------------------------------------------------------

Federal Inventory Data


Sec.  102-33.410  What are Federal inventory data?

    Federal inventory data includes:
    (a) Information on each of the operational and non-operational 
Federal aircraft that you own, bail, borrow, or loan; and
    (b) UAS as described in Sec.  102-33.20.


Sec.  102-33.415  When may we declassify a Federal aircraft and remove 
it from our Federal aircraft inventory?

    When an aircraft is lost or destroyed, or is otherwise non-
operational and you want to retain it, you may declassify it and remove 
it from your Federal aircraft inventory. For further details, see 
Sec. Sec.  102-33.250 and 102-33.420. See Sec. Sec.  102-33.265 and 
102-33.270 for reporting excess Federal aircraft.


Sec.  102-33.420  How must we declassify a Federal aircraft?

    To declassify a Federal aircraft, you must--
    (a) Send a letter to the Deputy Associate Administrator, Office of 
Asset and Transportation Management, Office of Government-wide Policy, 
General Services Administration, 1800 F St. NW., Washington, DC 20405, 
that requests approval to declassify the aircraft and states that the 
aircraft is

[[Page 77355]]

non-operational (which includes lost or destroyed). In this letter you 
must--
    (1) Identify the Federal Supply Classification (FSC) group(s) that 
the declassified aircraft/parts will fall under, if applicable;
    (2) Describe the condition of the aircraft (crash-damaged, 
unrecoverable, parts unavailable, etc.); and
    (3) Include photographs as appropriate.
    (b) Within 14 calendar days of receiving GSA's approval to 
declassify the aircraft, following 14 CFR 45.13, request approval from 
your local FAA Flight Standards District Office (FSDO) to remove the 
manufacturer's data plate;
    (c) Within 14 calendar days of receiving approval from FAA to 
remove the data plate, inform GSA of FAA's approval, send the data 
plate by courier or registered mail to the FAA, as directed by your 
FSDO, and remove the certificate of airworthiness and the aircraft's 
registration form from the aircraft, complete the reverse side of the 
registration form, and send both documents to The FAA Aircraft 
Registration Branch, P.O. Box 25504, Oklahoma City, OK 73125-0504; and
    (d) Update the FAIRS inventory record to reflect disposal status 
and update your personal property records, deleting the declassified 
aircraft from the aircraft category and adding it to another Federal 
Supply Classification group or groups, as appropriate.

Federal Aircraft Cost and Utilization Data


Sec.  102-33.425  What Federal aircraft cost and utilization data must 
we report?

    You must report certain costs for each of your Federal aircraft 
(including your UAS) and the number of hours that you flew each 
aircraft. In reporting the costs of your Federal aircraft, you must 
report both the amounts you paid as Federal costs, which are for 
services the Government provides, and the amounts you paid for 
commercial aviation services (CAS) in support of your Federal aviation 
program. For a list and definitions of the Federal aircraft cost and 
utilization data elements, see the U.S. Government Aircraft Cost 
Accounting Guide (CAG), which is available at 
http:[sol][sol]www.gsa.gov/aviationpolicy.


Sec.  102-33.430  Who must report Federal aircraft cost and utilization 
data?

    (a) Executive agencies, except the Armed Forces and agencies in the 
Intelligence Community, must report Federal cost and utilization data 
on all Federal aircraft; and
    (b) Agencies should report Federal cost and utilization data for 
loaned aircraft only if Federal money was expended on the aircraft.

Commercial Aviation Services (CAS) Cost and Utilization Data


Sec.  102-33.435  What CAS cost and utilization data must we report?

    You must report:
    (a) The costs and flying hours for each CAS aircraft you hire;
    (b) The costs and contractual periods for related aviation services 
that you hire (by contract or through an Inter-service support 
agreement (ISSA)).

    Note to Sec.  102-33.435:  You should not report related 
aviation services that you hire commercially in support of Federal 
aircraft. ``Federal'' aircraft are by definition owned aircraft. The 
agency that owns the aircraft is responsible for capturing all cost 
and utilization data and is required to report this data in GSA's 
FAIRS. See the U.S. Government Aircraft Cost Accounting Guide (CAG), 
which is available from GSA at http:[sol][sol]www.gsa.gov/
aviationpolicy.

Sec.  102-33.440  Who must report CAS cost and utilization data?

    Executive agencies, except the Armed Forces and agencies in the 
Intelligence Community, must report CAS cost and utilization data. You 
must report CAS cost and utilization data if your agency makes payments 
to--
    (a) Charter or rent aircraft;
    (b) Lease or lease-purchase aircraft;
    (c) Hire aircraft and related services through an ISSA or a full 
service contract; or
    (d) Obtain related aviation services through an ISSA or by contract 
except when you use the services in support of Federal aircraft (see 
the Note at Sec.  102-33.435).

Accident and Incident Data


Sec.  102-33.445  What accident and incident data must we report?

    You must report within 14 calendar days to GSA, Aviation Policy 
Division, 1800 F St. NW., Washington, DC 20405, all aviation accidents 
and incidents that your agency is required to report to the NTSB. You 
may also report other incident information. GSA and the ICAP will use 
the collected accident/incident information in conjunction with FAIRS' 
data, such as flying hours and missions, to calculate aviation safety 
statistics for the Federal aviation community and to share safety 
lessons-learned.


Sec.  102-33.450  How must we report accident and incident data?

    You must report accident and incident data to GSA at http://www.gsa.gov/aviationpolicy or call GSA's Aviation Policy Division and 
report the accident or incident telephonically.

Common Aviation Management Information Standard (C-AMIS)


Sec.  102-33.455  What is C-AMIS?

    The Common Aviation Management Information Standard (C-AMIS) is a 
guide to assist agencies in developing or modernizing their internal 
aviation management information systems. C-AMIS includes standard 
specifications and data definitions related to Federal aviation 
operations. C-AMIS is jointly written by the ICAP and GSA and available 
from GSA's Aviation Policy Division.


Sec.  102-33.460  What is our responsibility in relation to C-AMIS?

    If you use a management information system to provide data to FAIRS 
by batch upload, you are responsible for ensuring that your system is 
C-AMIS-compliant (see Sec.  102-33.195). For more information on 
compliance with C-AMIS, contact GSA's Aviation Policy Division at (202) 
208-0519 or (202) 997-7274.

Performance Indicators


Sec.  102-33.465  What is a performance indicator?

    In addition to the definition in Sec.  102-33.20, a performance 
indicator provides information (either qualitative or quantitative) on 
the extent to which the actual outcome of a policy, program, or 
initiative achieves the planned outcome.


Sec.  102-33.470  Must we develop performance indicators?

    Yes, your agency must develop performance indicators in order to 
measure the degree to which key aviation program objectives are 
achieved. It is suggested that your performance indicators:
    (a) Measure the contribution of the aviation program toward the 
accomplishment of the agency's mission;
    (b) Support and justify aviation program budget requests; and
    (c) Demonstrate the effectiveness and efficiency of the aviation 
program's performance.


Sec.  102-33.475  What are some examples of performance indicators that 
an agency can use?

    Examples of performance indicators include, but are not limited to, 
a percentage increase or decrease:
    (a) Of operations scheduling effectiveness;
    (b) Of repeat system discrepancies over a specific period of time;
    (c) In logistical response time for returned parts processing over 
a specified period of time;

[[Page 77356]]

    (d) In lost man-hours due to personnel injuries;
    (e) In aircraft turn-around time;
    (f) In fuel expenditures for a given mission, location, or type/
model/series of aircraft;
    (g) In aircraft availability or non-availability rates;
    (h) In full-mission-capable aircraft over a specific time period;
    (i) In non-airworthy maintenance;
    (j) In maintenance costs per flying hour; or
    (k) In variable cost per passenger mile.

Appendix A to Part 102-33--Disclosure Statement for Crewmembers and 
Qualified Non-Crewmembers Flying on Board Government Aircraft Operated 
as Public Aircraft

    Generally, an aircraft used exclusively for the U.S. Government 
may be considered a ``public aircraft'' as defined by Public Law 
106-181 and 14 CFR Chapter I, provided it is not a Government-owned 
aircraft transporting passengers or operating for commercial 
purposes. A public aircraft is not subject to many Federal Aviation 
Regulations, including requirements relating to aircraft 
certification, maintenance, and pilot certification. If the aircraft 
does not qualify as a ``public aircraft'', then it is a civil 
aircraft and must comply with all Federal Aviation Regulations 
applicable to civil aircraft. If you have any questions concerning 
whether a particular flight will be a public aircraft operation or a 
civil aircraft operation, you should contact the agency sponsor of 
that flight.

Rights and Benefits

    You have certain rights and benefits in the unlikely event you 
are injured or killed while working aboard a Government-owned or 
operated aircraft. Federal employees and some private citizens are 
eligible for workers' compensation benefits under the Federal 
Employees' Compensation Act (FECA). When FECA applies, it is the 
sole remedy. For more information about FECA and its coverage, 
consult with your agency's benefits office or contact the Branch of 
Technical Assistance at the Department of Labor's Office of Workers' 
Compensation Programs.

State or Foreign Laws

    State or foreign laws may provide for product liability or 
``third party'' causes of actions for personal injury or wrongful 
death. If you have questions about a particular case or believe you 
have a claim, you should consult with an attorney.

Insurance Policies

    Some insurance policies may exclude coverage for injuries or 
death sustained while working or traveling aboard a Government or 
military aircraft or while within a combat area. You may wish to 
check your policy or consult with your insurance provider before 
your flight. The insurance available to Federal employees through 
the Federal Employees Group Life Insurance Program does not contain 
an exclusion of this type.

Victim Rights

    If you are the victim of an air disaster resulting from criminal 
activity, Victim and Witness Specialists from the Federal Bureau of 
Investigation (FBI) and/or the local U.S. Attorney's Office will 
keep you or your family informed about the status of the criminal 
investigation(s) and provide you or your family with information 
about rights and services, such as crisis intervention, counseling 
and emotional support. State crime victim compensation may be able 
to cover crime-related expenses, such as medical costs, mental 
health counseling, funeral and burial costs, and lost wages or loss 
of support. The Office for Victims of Crime (an agency of the 
Department of Justice) and the U.S. Attorneys Office are authorized 
by the Antiterrorism Act of 1996 to provide emergency financial 
assistance to State programs for the benefit of victims of terrorist 
acts or mass violence.

Federal Employee

    If you are injured or killed on the job during the performance 
of duty, including while traveling or working aboard a Government 
aircraft or other Government-owned or operated conveyance for 
official Government business purposes, you and your family are 
eligible to collect workers' compensation benefits under FECA. You 
and your family may not file a personal injury or wrongful death 
suit against the United States or its employees. However, you may 
have cause of action against potentially liable third parties.

Family Member

    You or your qualifying family member must normally also choose 
between FECA disability or death benefits, and those payable under 
your retirement system (either the Civil Service Retirement System 
or the Federal Employees Retirement System). You may choose the 
benefit that is more favorable to you.

Private Citizen

    Even if the Federal Government does not regularly employ you, if 
you are rendering personal service to the Federal Government on a 
voluntary basis or for nominal pay, you may be defined as a Federal 
employee for purposes of FECA. If that is the case, you and your 
family are eligible to receive workers' compensation benefits under 
FECA, but may not collect in a personal injury or wrongful death 
lawsuit against the United States or its employees. You and your 
family may file suit against potentially liable third parties. 
Before you board a Government aircraft, you may wish to consult with 
the department or agency sponsoring the flight to clarify whether 
you are considered a Federal employee.
    If the agency determines that you are not a ``Federal 
employee,'' you and your family will not be eligible to receive 
workers' compensation benefits under FECA. If you are onboard the 
aircraft for purposes of official Government business, you may be 
eligible for workers' compensation benefits under state law. If an 
accident occurs within the United States, or its territories, its 
airspace, or over the high seas, you and your family may claim 
against the United States under the Federal Tort Claims Act or Suits 
in Admiralty Act. If you are killed aboard a military aircraft, your 
family may be eligible to receive compensation under the Military 
Claims Act, or if you are an inhabitant of a foreign country, under 
the Foreign Claims Act.
    Note to Appendix A to part 102-33: This disclosure statement is 
not all-inclusive. You should contact your agency's personnel 
office, or if you are a private citizen, your agency sponsor or 
point-of-contact for further assistance.

[FR Doc. 2014-29847 Filed 12-22-14; 8:45 am]
BILLING CODE 6820-14-P


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