77338 Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Rules and Regulations 

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. 

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/improving

regulations. 

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 

robert.galloway@gsa.gov. 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)); 


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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 

§ 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 Federallyfunded). 

§ 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. 

§ 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 

§§ 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. 

§ 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.’’ 

§ 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 §§ 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 nonoperational aircraft that they will retain 

for ground use only. Agencies must 

declassify an aircraft following the rules 

in §§ 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 § 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 


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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 §§ 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 costreimbursement. An executive agency-toexecutive 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 timerelated 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 noncrewmember. 

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). Foreignregistered 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 


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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 nonrepairable 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 

§ 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 § 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 § 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 Governmentwide 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. 

§ 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. 

§ 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 § 102– 

33.20); or 

(b) Find additional aviation program 

management information on the Internet 

at http://www.gsa.gov/aviationpolicy. 

§ 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 § 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 

§ 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; 


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(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 costeffectively; 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). 

§ 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). 

§ 102–33.60 What methods may we use to 

acquire Government aircraft? 

Following the requirements of §§ 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 §§ 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. 

§ 102–33.65 What is the process for 

acquiring Government aircraft? 

Acquiring Government aircraft, as 

described in §§ 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 

§ 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). 

§ 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 

§ 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 

§ 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 §§ 102–33.70 

and 102–33.75. 

§ 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 §§ 102–33.70 

and 102–33.75. 

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? 

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. 


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§ 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 §§ 102–33.140 through 

102–33.185 for the requirements for 

Flight Program Standards). 

Acquiring Aircraft Parts 

§ 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). 

§ 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 

§ 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 § 102– 

33.370 on FSCAP and AC 20–142). 

§ 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 militarycertified documentation; and 

(b) Mutilate and dispose of any 

expired life-limited parts (see § 102– 

33.370 on handling 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? 

If you use Federal aircraft, you are 

responsible for— 

(a) Establishing agency-specific Flight 

Program Standards, as defined in 

§§ 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 §§ 102–33.240 through 

102–33.375. 

§ 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 

§§ 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). 

§ 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 

§ 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 §§ 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. 

§ 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 noncertificated aircraft, high-risk 

operations, special personnel 

requirements, etc. 

§ 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 §§ 102–33.140 

through 102–33.185 under a 

Memorandum of Agreement governing 

the loan. 

§ 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— 


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(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 

§ 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 

§ 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 cargoloading 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 

§ 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 

§ 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 

§ 102–33.180(a). 

Safety 

§ 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 


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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,’’ §§ 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. 

§ 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 §§ 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 noncrewmembers. 

Note to § 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 

§ 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). 

§ 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 FAIRSVerDate Sep<11>2014 00:19 Dec 23, 2014 Jkt 235001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\23DER2.SGM 23DER2

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compliant system are described in the 

‘‘Common Aviation Management 

Information Standard’’ (C–AMIS), 

which is available from the Aviation 

Policy Division. See §§ 102–33.395, 

102–33.405, and 102–33.410 for more 

information on FAIRS, and §§ 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 §§ 102–33.435 

and 102–33.440 for the information on 

CAS that you must report through 

FAIRS. 

§ 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 costeffectiveness of your aircraft operations 

as directed by OMB Circulars A–11 and 

A–76, every five years. 

§ 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 

§ 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 § 102–33.165(g) and 

(h)); and 

(g) Name(s) of the pilot(s) and 

crewmembers. 

§ 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) §§ 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. 

§ 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 

§§ 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 

§ 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. 

§ 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). 

§ 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 § 102–33.370.) 


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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? 

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 their mission(s) for your agency, 

i.e., they are excess to your needs, 

You do not need to replace 

them, 

You must report them to GSA as excess 

property (see 41 CFR 102–36.45(e)). 

(b) If your aircraft/parts are . . . And . . . Then . . . 

No longer suitable, or capable of performing their mission(s) 

for your agency, 

You do need to replace them, You may consider using the exchange/sale 

authority (see 41 CFR part 102–39). 

§ 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 nonoperational aircraft by following the 

rules governing excess personal 

property and exchange/sale (see 41 CFR 

parts 102–36 and 102–39, respectively). 

§ 102–33.250 May we declassify aircraft? 

Yes, you may declassify aircraft (See 

§§ 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. 

§ 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 

§ 102–33.370 if your aircraft and/or 

engines contain FSCAP or life-limited 

parts that you 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)? 

(a) Yes. When you report as excess or 

replace an aircraft you must report the 

change in inventory to FAIRS. For more 

information see § 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 

§ 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. 

§ 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®

(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 

§ 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 

§ 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. 

§ 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. 

§ 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 noncertificated 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 


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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. 

• All civil and public aircraft must 

have a valid registration issued by the 

FAA as required by 14 CFR Chapter I. 

• Civil aircraft must have a valid 

airworthiness certificate in order to 

operate in the U.S. airspace. 

• In order for the aircraft to be eligible 

for a standard airworthiness certificate, 

the aircraft must conform to its FAA 

Type Certificate. 

• 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 onetime flight approval is predicated on the 

aircraft being safe for flight. 

• 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. 

• 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/). 

• When the aircraft is purchased for 

spare parts and the airframe is scrapped, 

you should declassify the aircraft (see 

§ 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.’’ 

§ 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 § 102–39.55 for more information). 

Note to § 102–33.295: Some agencies may 

also have special congressional authorization 

to recover costs. 

Disposing of Aircraft Parts 

§ 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 § 102–33.240 shows the differences 

between excess and replacement parts. 

§ 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 § 102–33.370. 

§ 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. 

§ 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. 

§ 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 § 102–33.315 for 

mutilating and disposing of the parts. 

§ 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 § 102–33.315); 

and 

(c) Ensure that all available tags, 

labels, applicable historical data, lifehistories, and maintenance records 

accompany FSCAP and life-limited 

parts and that FSCAP criticality codes 

(see § 102–33.375) are perpetuated on 

documentation (see § 102–33.330 for 

additional requirements). 

Reporting Excess Aircraft Parts 

§ 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 § 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.) 

§ 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 § 102–33.370. 

(b) Mutilate all transferred parts that 

you discover to be unsalvageable, and 

dispose of them properly, following the 

procedures in § 102–33.315. 


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§ 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 § 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. 

§ 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 § 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 § 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 

§ 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. 

§ 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 § 102–39.55 for more information). 

§ 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. 

• All civil and public aircraft must 

have a valid registration issued by the 

FAA as required by 14 CFR Chapter I. 

• Civil aircraft must have a valid 

airworthiness certificate in order to 

operate in U.S. airspace. 

• In order for the aircraft to be eligible 

for a standard airworthiness certificate, 

the aircraft must conform to its FAA 

Type Certificate. 

• 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. 

• 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. 

• 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. 

§ 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 

§ 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: 


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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 to its original 

equipment manufacturer 

(OEM) or production approval holder (PAH)— 

Then ............ (A) You may exchange/sell it only to the OEM or PAH under 41 CFR part 102–39; 

(B) GSA may transfer or donate it for 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 

untraceable, you must 

mutilate it, and— 

Then ............ (A) GSA may transfer or donate it for ground use only, after you mark it, ‘‘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 §§ 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 remaining— 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; or 

(C) GSA may donate it for ground use only, after you mutilate and mark it, ‘‘EXPIRED LIFELIMITED—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 life remaining, or 

undocumented, GSA may 

not transfer it to another 

executive agency for 

flight use— 

But ............... (A) GSA may transfer or 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); 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 remaining— Then ............ (A) You may exchange/sale the aircraft or 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 life remaining— 

Then ............ (A) You must remove and mutilate the part 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). 


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§ 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 nuclearhardened 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 

§ 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. 

§ 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. 

§ 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 

§ 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) 

§ 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. 

§ 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/. 

§ 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 

§ 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 § 102–33.20. 

§ 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 

§§ 102–33.250 and 102–33.420. See 

§§ 102–33.265 and 102–33.270 for 

reporting excess Federal aircraft. 

§ 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 


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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 

§ 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://www.gsa.gov/

aviationpolicy. 

§ 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 

§ 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 Interservice support agreement (ISSA)). 

Note to § 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://

www.gsa.gov/aviationpolicy. 

§ 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 § 102– 

33.435). 

Accident and Incident Data 

§ 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. 

§ 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) 

§ 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. 

§ 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–AMIScompliant (see § 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 

§ 102–33.465 What is a performance 

indicator? 

In addition to the definition in § 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. 

§ 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. 

§ 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; 


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77356 Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Rules and Regulations 

(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 nonavailability 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 Governmentowned 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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