[Federal Register Volume 60, Number 11 (Wednesday, January 18, 1995)]
[Rules and Regulations]
[Pages 3547-3554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-773]
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GENERAL SERVICES ADMINISTRATION
41 CFR Part 101-37
[FPMR Amendment G-109]
RIN 3090-AF43
Government Aviation Administration and Coordination
AGENCY: Federal Supply Service, GSA.
ACTION: Final rule.
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SUMMARY: This regulation updates policies and procedures concerning the
documentation, approval, and use of Government aircraft. Specifically,
the rule places definitions in a single subpart for ease of reference,
reconciles the standard aircraft program cost elements with those
contained in the revised Office of Management and Budget (OMB) Circular
A-126 (May 22, 1992), updates subparts on cost recovery methods and
aviation program cost effectiveness, and clarifies agency Federal
Aviation Management Information System (FAMIS) reporting requirements.
This action is necessary for compliance with the provisions of OMB
Circular A-126. Implementation of this rule will minimize the cost and
improve the management and use of Government aviation resources.
EFFECTIVE DATE: January 18, 1995.
FOR FURTHER INFORMATION CONTACT: Larry Godwin, Aircraft Management
Division (FBA), Federal Supply Service, General Services
Administration, Washington, DC 20406 (703-305-6399).
SUPPLEMENTARY INFORMATION: The General Services Administration (GSA)
has determined that this rule is not a significant rule for the
purposes of Executive Order 12866. The OMB Circular A-126 requires the
Administrator of GSA to establish a single coordinating office for
aircraft management to improve the management of Government-owned and
operated aircraft. The responsibilities of this Office include: (1)
Coordinating the development of effectiveness measures and standards,
policy, recommendation, and guidance for the procurement, operation,
safety, and disposal of civilian agency aircraft; (2) operating a
Government-wide aircraft management information system; (3) identifying
and advising agencies and OMB of opportunities to share, transfer, or
dispose of underutilized aircraft; to reduce excessive aircraft
operations and maintenance costs; and to replace obsolete aircraft; (4)
providing technical assistance to agencies in establishing automated
aircraft information and cost accounting systems and in conducting cost
analysis, (5) developing generic aircraft information system standards
and software; (6) reviewing proposed agency internal aircraft policies
for compliance with OMB guidance and notifying OMB of any
discrepancies; and (7) conducting an annual study of the variable and
fixed costs of operating the different categories of Government
aircraft and disseminating the results for use in making the cost
comparisons and reporting the trip costs. [[Page 3548]]
Regulatory Flexibility Act
This final rule is not required to be published in the Federal
Register for notice and comment. Therefore, the Regulatory Flexibility
Act does not apply.
List of Subjects in 41 CFR Part 101-37
Aircraft, Air transportation, Aviation, Government property
management.
For the reasons set out in the preamble, 41 CFR Part 101-37 is
amended as follows:
PART 101-37--GOVERNMENT AVIATION ADMINISTRATION AND COORDINATION
1. The authority citation for Part 101-37 continues to read as
follows:
Authority: 31 U.S.C. 1344; Sec. 205(c), 63 Stat. 390; (40 U.S.C.
486(c)).
Subpart 101-37.1--Definitions
2. Subpart 101-37.1 is revised to read as follows:
Sec. 101-37.100 Definitions.
In Part 101-37, the following definitions apply:
Acquisition date means the date the agency acquired the asset.
Acquisition value means the value initially recorded on agency
property records and/or accounting records at the time of acquisition.
If the aircraft is acquired through an interagency transfer, the
acquisition value is the greater of the aircraft net book value plus
the cost of returning the aircraft to an airworthy, mission ready
condition or the commercial retail value of that aircraft in average
condition. If it is a military aircraft without a commercial
equivalent, the acquisition value is equal to the scrap value plus the
cost of returning the aircraft to an airworthy, mission ready
condition.
Actual cost means all costs associated with the use and operation
of an aircraft as specified in Sec. 101-37.406(b).
Agency aircraft means an aircraft, excluding aircraft owned by the
Armed Forces, which is: (1) owned and operated by any executive agency
or entity thereof, or (2) exclusively leased, chartered, rented,
bailed, contracted and operated by an executive agency.
Aircraft accident means an occurrence associated with the operation
of an aircraft which takes place between the time any person boards the
aircraft with the intention of flight and all such persons have
disembarked, and in which any person suffers death or serious injury,
or in which the aircraft received substantial damage.
Bailed aircraft means any aircraft borrowed by a department or
agency from the Department of Defense (DOD), State or local government,
or other non-Federal entity.
Capital asset means any tangible property, including durable goods,
equipment, buildings, facilities, installations, or land, which:
(1) Is leased to the Federal Government for a term of 5 or more
years; or
(2) In the case of a new asset with an economic life of less than 5
years, is leased to the Federal Government for a term of 75 percent or
more of the economic life of the asset; or
(3) Is built for the express purpose of being leased to the Federal
Government; or
(4) Clearly has no alternative commercial use; e.g., special-
purpose Government installation.
Charter aircraft means a one time procurement for aviation
resources and associated services.
Civil aircraft means any aircraft other than a public aircraft.
Contract aircraft means aircraft procured for an agency's exclusive
use for a specified period of time in accordance with the requirements
of the Federal Acquisition Regulation (FAR) 48 CFR Chapter 1 or other
applicable procurement regulations.
Deep cover aircraft means an agency aircraft that is utilized to
gather information for law enforcement purposes. This aircraft does not
display any agency markings. Although the registration filed with the
Federal Aviation Administration (FAA) may indicate ownership by persons
other than the owning or using agency, actual ownership will be
maintained by the owning Federal agency.
Fatal injury means any injury which results in death within 30 days
of the accident.
Fixed costs means the costs of operating aircraft that result from
owning and supporting the aircraft and do not vary according to
aircraft usage. For specific fixed aircraft program cost information,
see Sec. 101-37.201(b).
Forfeited aircraft means an aircraft acquired by the Government
either by summary process or by order of a court of competent
jurisdiction pursuant to any law of the United States.
Full coach fare means a coach fare available to the general public
between the day that the travel was planned and the day the travel
occurred.
Government aircraft means any aircraft owned, leased, chartered or
rented and operated by an executive agency.
Head of executive agency means the head of a Department, agency,
bureau, or independent establishment in the executive branch, including
any wholly owned Government corporation, or an official designated in
writing to act on his or her behalf.
Incident means an occurrence other than an accident, associated
with the operation of an aircraft, which affects or could affect the
safety of operations.
Intelligence agencies refers to the following agencies or
organizations within the intelligence community:
(1) Central Intelligence Agency;
(2) National Security Agency;
(3) Defense Intelligence Agency;
(4) Offices with the Department of Defense for the collection of
specialized national foreign intelligence through reconnaissance
programs;
(5) The Bureau of Intelligence and Research of the Department of
State;
(6) Intelligence elements of the Army, Navy, Air Force, Marine
Corps, Federal Bureau of Investigation, Drug Enforcement
Administration, Department of the Treasury, and Department of Energy;
and
(7) The staff elements of the Director of Central Intelligence.
Investigator-in-charge means the investigator who organizes,
conducts, and controls the field phase of the investigation. This
investigator shall assume responsibility for the supervision and
coordination of all resources and of the activities of all personnel
involved in the on-site investigation.
Lease purchase aircraft means a leased aircraft for which the
Government holds an option to purchase.
Leased aircraft means an aircraft that the Government has a
contractual right to use for a specific period of time.
Loaned aircraft means an aircraft owned by a Department or
independent office which is on loan to a State, cooperator, or other
entity.
Mission requirements mean activities that constitute the discharge
of an agency's official responsibilities. Such activities include, but
are not limited to, the transport of troops and/or equipment, training,
evacuation (including medical evacuation), intelligence and counter-
narcotics activities, search and rescue, transportation of prisoners,
use of defense attache-controlled aircraft, aeronautical research and
space and science applications, and other such activities. Mission
requirements do not include official travel to give speeches, to attend
conferences or meetings, or to make routine site visits. Routine site
[[Page 3549]] visits are customary or regular travel to a location for
official purposes.
Net book value means the acquisition value plus the cost of capital
improvements minus accumulated depreciation.
Non-operational aircraft means an owned, leased, lease purchased,
or bailed aircraft that cannot be flown or operated by the owning or
using agency for an extended period (6 months or more).
Official travel means travel for the purpose of mission
requirements, required use travel, and other travel for the conduct of
agency business.
Operational aircraft means an owned, leased, lease purchased, or
bailed aircraft that is flown and operated or capable of being flown
and operated by the owning or using agency.
Operator means any person who causes or authorizes the operation
of an aircraft, such as the owner, lessee, or bailee of an aircraft.
Owned aircraft means aircraft registered to a Department or an
independent agency in conformity with the regulations of the Federal
Aviation Administration of the Department of Transportation (14 CFR
Chapter 1, Part 47) or in conformity with appropriate military
regulations.
Owning agency means any executive agency, including any wholly
owned Government corporation, having accountability for owned aircraft.
This term applies when an executive agency has authority to take
possession of, assign, or reassign the aircraft regardless of which
agency is the using agency.
Reasonably available means commercial airline or aircraft
(including charter) is able to meet the traveler's departure and/or
arrival requirements within a 24-hour period (unless the traveler
demonstrates that extraordinary circumstances require a shorter period
of time).
Rental aircraft means aviation resources or services procured
through a standing ordering agreement which is a written instrument of
understanding, negotiated between an agency, contracting activity, or
contracting office and contractor that contains: (1) terms and clauses
applying to future contracts (orders) between parties during its term,
(2) a description, as specific as practicable, of supplies or services
to be provided, and (3) methods for pricing, issuing, and delivering
future orders.
Required use means use of a Government aircraft for the travel of
an executive agency officer or employee to meet bona fide
communications or security requirements of the agency or exceptional
scheduling requirements. An example of a bona fide communications
requirement is having to maintain continuous 24-hour secure
communications with the traveler. Bona fide security requirements
include, but are not limited to, life threatening circumstances.
Exceptional scheduling requirements include emergencies and other
operational considerations which make commercial transportation
unacceptable.
Residual value means the estimated value of an asset at the
conclusion of its useful life, net of disposal costs. It is the dollar
value below which the asset will not be depreciated. Residual value is
established at the time of acquisition.
Seized aircraft means an aircraft that has been confiscated by the
Federal Government either by summary process or by order of a court of
competent jurisdiction pursuant to any law of the United States and
whose care and custody will be the responsibility of the Federal
Government until final ownership is determined by judicial process.
Senior executive branch official means civilian officials appointed
by the President with the advice and consent of the Senate and civilian
employees of the Executive Office of the President (EOP).
Senior Federal official means a person:
(1) Employed at a rate of pay specified in, or fixed according to,
subchapter II of chapter 53 of title 5 of the United States Code;
(2) Employed in a position in an executive agency, including any
independent agency, at a rate of pay payable for level I of the
Executive Schedule or employed in the Executive Office of the President
at a rate of pay payable for level II of the Executive Schedule;
(3) Employed in an executive agency position that is not referred
to in paragraph (1) of this definition, (other than a position that is
subject to pay adjustment under 37 U.S.C. 1009) and for which the basic
rate of pay, exclusive of any locality-based pay adjustment under 5
U.S.C. 5304 (or any comparable adjustment pursuant to interim authority
of the President), is equal to or greater than the rate of the basic
pay payable for the Senior Executive Service under 5 U.S.C. 5382; or
(4) Appointed by the President to a position under 3 U.S.C.
105(a)(2) (A), (B), or (C) or by the Vice President to a position under
3 U.S.C. 106(a)(1) (A), (B), or (C). Generally, a senior Federal
official is employed by the White House or an executive agency,
including an independent agency, at a rate of pay equal to or greater
than the minimum rate of basic pay for the Senior Executive Service.
The term senior Federal official does not include an active duty
military officer.
Serious injury means any injury which: Requires hospitalization for
more than 48 hours, commencing within 7 days from the date the injury
was received: results in a fracture of any bone (except simple
fractures of fingers, toes, or nose); causes severe hemorrhages, nerve,
muscle, or tendon damage; involves any internal organ; or involves
second- or third-degree burns, or any burns affecting more than 5
percent of the body surface.
Space available means travel using aircraft capacity, that is
already scheduled for use for an official purpose, that would otherwise
be unutilized. For the purposes of this part, space available travel is
travel other than for the conduct of agency business.
Substantial damage means damage or failure which adversely affects
the structural strength, performance, or flight charactersistics of the
aircraft, and which would normally require major repair or replacement
of the affected component. Engine failure or damage limited to an
engine if only one engine fails or is damaged, bent fairings or
cowling, dented skin, small puncture holes in the skin or fabric,
ground damage to rotor or propeller blades, and damage to landing gear,
wheels, tires, flaps, engine accessories, brakes or wing tips are not
considered ``substantial damage.''
Support service agreement means a preestablished agreement with a
commercial vendor for specific aviation services.
Undercover aircraft means an owned, leased, lease purchased, or
bailed aircraft that is utilized to gather information for law
enforcement purposes. An undercover aircraft does not display agency
markings but is registered with the FAA to the owning agency.
Useful life means the service life, in years, of the aircraft as
estimated by the manufacturer or evidenced by historical performance.
The useful life is established at the time of acquisition.
Using agency means an executive agency using aircraft for which it
does not maintain ownership. This term applies when an agency obtains
aircraft from any other executive agency on a temporary basis.
Variable costs means the costs of operating aircraft that vary
depending on how much the aircraft are used. For specific variable
aircraft program cost information see Sec. 101-37.201(a).
[[Page 3550]]
3. Subpart 101-37.2 is revised to read as follows:
Subpart 101-37.2--Accounting for Aircraft Costs
Sec.
101-37.200 General.
101-37.201 Standard aircraft program cost elements.
101-37.202 Policy.
101-37.203 [Reserved]
101-37.204 Operations cost recovery methods.
101-37.205 Aircraft program cost effectiveness.
Subpart 101-37.2--Accounting for Aircraft Costs
Sec. 101-37.200 General.
The provisions of this subpart prescribe policies and procedures
for accounting for aircraft costs. This subpart also prescribes
provisions and procedures contained in OMB Circulars A-76 and A-126.
Sec. 101-37.201 Standard aircraft program cost elements.
The following cost elements will be used for the establishment of
cost accounting systems and for reporting Government-owned and operated
aircraft cost and utilization data to the Federal Aviation Management
Information System (FAMIS) on GSA Form 3552.
(a) Variable costs. The variable costs of operating aircraft are
those costs that vary depending on how much the aircraft are used. The
specific variable cost elements include:
(1) Crew costs. The crew costs which vary according to aircraft
usage consist of travel expenses, particularly reimbursement of
subsistence (i.e., per diem and miscellaneous expenses), overtime
charges, and wages of crew members hired on an hourly or part-time
basis.
(2) Maintenance costs. Unscheduled maintenance and maintenance
scheduled on the basis of flying time vary with aircraft usage and,
therefore, the associated costs are considered variable costs. In
addition to the costs of normal maintenance activities, variable
maintenance costs shall include aircraft refurbishment, such as
painting and interior restoration, and costs of or allowances for
performing overhauls and modifications required by service bulletins
and airworthiness directives. If they wish, agencies may consider all
of their maintenance costs as variable costs and account for them
accordingly. Otherwise, certain maintenance costs will be considered
fixed as described in paragraph (b) of this section. Variable
maintenance costs include the costs of:
(i) Maintenance labor. This includes all labor (i.e., salaries and
wages, benefits, travel, and training) expended by mechanics,
technicians, and inspectors, exclusive of labor for engine overhaul,
aircraft refurbishment, and/or repair of major components.
(ii) Maintenance parts. This includes cost of materials and parts
consumed in aircraft maintenance and inspections, exclusive of
materials and parts for engine overhaul, aircraft refurbishment, and/or
repair of major components.
(iii) Maintenance contracts. This includes all contracted costs for
unscheduled maintenance and for maintenance scheduled on a flying hour
basis or based on the condition of the part or component.
(iv) Engine overhaul, aircraft refurbishment, and major component
repairs. These are the materials and labor costs of overhauling
engines, refurbishing aircraft, and/or repairing major aircraft
components.
(A) In general, the flight hour cost is computed by dividing the
costs for a period by the projected hours flown during the period.
However, when computing the flight hour cost factor for this cost
category, divide the total estimated cost for the activities in this
category (e.g., overhaul, refurbishment, and major repairs) by the
number of flight hours between these activities.
(B) Cost or reserve accounts for engine overhaul, aircraft
refurbishment, and major component repairs may, at the agency's
discretion, be identified and quantified separately for mission-
pertinent information purposes. Reserve accounts are generally used
when the aircraft program is funded through a working capital or
revolving fund.
(3) Fuel and other fluids. The costs of the aviation gasoline, jet
fuel, and other fluids (e.g., engine oil, hydraulic fluids, and water-
methanol) consumed by aircraft.
(4) Lease costs. When the cost of leasing an aircraft is based on
flight hours, the associated lease or rental costs are considered
variable costs.
(5) Landing and tie down fees. Landing fees and tie down fees
associated with aircraft usage are considered variable costs. Tie down
fees for storing an aircraft at its base of operations should be
considered part of operations overhead, a fixed cost.
(b) Fixed costs. The fixed costs of operating aircraft are those
that result from owning and supporting the aircraft and do not vary
according to aircraft usage. The specific fixed cost elements include:
(1) Crew costs. The crew costs which do not vary according to
aircraft usage consist of salaries, benefits, and training costs. This
includes the salaries, benefits, and training costs of crew members who
also perform minimal aircraft maintenance. Also included in fixed crew
costs are the costs of their charts, personal protective equipment,
uniforms, and other personal equipment when the agency is authorized to
purchase such items.
(2) Maintenance costs. This cost category includes maintenance and
inspection activities which are scheduled on a calendar interval basis
and take place regardless of whether or how much an aircraft is flown.
Agencies are encouraged to simplify their accounting systems and
account for all maintenance costs as variable costs. However, if they
wish, agencies may account for the following costs as fixed costs:
(i) Maintenance labor. This includes all projected labor expended
by mechanics, technicians, and inspectors associated with maintenance
scheduled on a calendar interval basis. This does not include variable
maintenance labor or work on items having a retirement life or time
between overhaul. This category also includes costs associated with
nonallocated maintenance labor expenses; i.e., associated salaries,
benefits, travel expenses, and training costs. These costs should be
evenly allocated over the number of aircraft in the fleet.
(ii) Maintenance parts. This includes all parts and consumables
used for maintenance scheduled on a calendar interval basis.
(iii) Maintenance contracts. This includes all contracted costs for
maintenance or inspections scheduled on a calendar interval basis.
(3) Lease costs. When the cost of leasing an aircraft is based on a
length of time (e.g., days, weeks, months, or years) and does not vary
according to aircraft usage, the lease costs are considered fixed
costs.
(4) Operations overhead. This includes all costs, not accounted for
elsewhere, associated with direct management and support of the
aircraft program. Examples of such costs include: personnel costs
(salaries, benefits, travel, uniform allowances (when the agency is
authorized to purchase such items), training, etc.) for management and
administrative personnel directly responsible for the aircraft program;
building and ground maintenance; janitorial services; lease or rent
costs for hangars and administrative buildings and office space;
communications and utilities costs; office supplies and equipment;
maintenance and depreciation of support equipment; tie down fees for
[[Page 3551]] aircraft located on base; and miscellaneous operational
support costs.
(5) Administrative overhead. These costs represent a prorated share
of salaries, office supplies, and other expenses of fiscal, accounting,
personnel, management, and similar common services performed outside
the aircraft program but which support this program. For purposes of
recovering the costs of operations, agencies should exercise their own
judgment as to the extent to which aircraft users should bear the
administrative overhead costs. Agencies may, for example, decide to
charge non-agency users a higher proportion, not to exceed 100 percent
of administrative overhead, than agency users if the agency has the
authority to do so. If an aircraft is provided pursuant to an
interagency agreement under the Economy Act of 1932 (31 U.S.C. 1535),
the agency must charge based on the actual costs of the goods or
services provided. For purposes of OMB Circular A-76 costs comparisons,
agencies should compute the actual administrative costs that would be
avoided if a decision is made to contract out the operation under
study.
(6) Self-insurance costs. Aviation activity involves risks and
potential casualty losses and liability claims. These risks are
normally covered in the private sector by purchasing an insurance
policy. The Government is self-insuring; the Treasury's General Fund is
charged for casualty losses and/or liability claims resulting from
accidents. For the purposes of analyses, Government managers will
recognize a cost for ``self-insurance'' by developing a cost based on
rates published by GSA's Aircraft Management Division.
(7) Depreciation. The cost or value of ownership. Aircraft have a
finite useful economic or service life (useful life). Depreciation is
the method used to spread the acquisition value, less residual value,
over an asset's useful life. Although these costs are not direct
outlays as is the case with most other aircraft costs, it is important
to recognize them for analyses required by OMB and other cost
comparison purposes and when replenishing a working capital fund by
recovering the full cost of aircraft operations. Depreciation costs
depend on aircraft acquisition or replacement costs, useful life, and
residual or salvage value. To calculate the cost of depreciation that
shall be allocated to each year, subtract the residual value from the
total of the acquisition cost plus any capital improvements and, then,
divide by the estimated useful life of the asset.
(c) Other costs. There are certain other costs of the aircraft
program which should be recorded but are not appropriate for inclusion
in either the variable or fixed cost categories for the purposes of
justifying aircraft use or recovering the cost of aircraft operations.
These costs include:
(1) Accident repair costs. These costs include all parts,
materials, equipment, and maintenance labor related to repairing
accidental damage to airframes or aircraft equipment. Also included are
all accident investigation costs.
(2) Aircraft costs. This is the basic aircraft inventory or asset
account used as the basis for determining aircraft depreciation
charges. These costs include the cost of acquiring aircraft and
accessories, including transportation and initial installation. Also
included are all costs required to bring aircraft and capitalized
accessories up to fleet standards.
(3) Cost of capital. The cost of capital is the cost to the
Government of acquiring the funds necessary for capital investments.
The agency shall use the borrowing rate announced by the Department of
the Treasury for bonds or notes whose maturities correspond to the
manufacturer's suggested useful life or the remaining useful life of
the asset.
Sec. 101-37.202 Policy.
Agencies shall maintain cost systems for their aircraft operations
which will permit them to justify the use of Government aircraft in
lieu of commercially available aircraft, or the use of one Government
aircraft in lieu of another; recover the costs of operating Government
aircraft when appropriate; determine the cost effectiveness of various
aspects of their aircraft program; and conduct the cost comparisons to
justify in-house operation of Government aircraft versus procurement of
commercially available aircraft services. To accomplish these purposes,
agencies must accumulate their aircraft program cost into the standard
aircraft program cost elements specified in Sec. 1010-37.201.
Sec. 101-37.203 [Reserved]
Sec. 101-37.204 Operations cost recovery methods.
Under 31 U.S.C. 1535, and various acts appropriating funds or
establishing working funds to operate aircraft, agencies are generally
required to recover the costs of operating all aircraft in support of
other agencies and other governments. Depending on the statutory
authorities under which its aircraft were obtained or are operated,
agencies may use either of two methods for establishing the rates
charged for using their aircraft; full cost recovery rate or the
variable cost recovery rate.
(a) The full cost recovery rate for an aircraft is the sum of the
variable and fixed cost rates for that aircraft. The computation of the
variable cost rate for an aircraft is described in Sec. 101-37.304. The
fixed cost recovery rate for an aircraft or aircraft type is computed
as follows:
(1) Accumulate the fixed costs listed in Sec. 101-37.201(b) that
are directly attributable to the aircraft or aircraft type. These costs
should be taken from the agency's accounting system.
(2) Adjust the total fixed cost for inflation and for any known
upcoming cost changes to project the new fixed total costs. The
inflation factor used should conform to the provisions of OMB Circular
A-76.
(3) Allocate operations and administrative overhead costs to the
aircraft based on the percentage of total aircraft program flying hours
attributable to that aircraft or aircraft type.
(4) Compute a fixed cost recovery rate for the aircraft by dividing
the sum of the projected directly attributable fixed costs, adjusted
for inflation, from paragraph (a)(2) of this section and the allocated
fixed costs from paragraph (a)(3) of this section by the annual flying
hours projected for the aircraft.
(b) The variable cost recovery rate is the total variable cost rate
of operating an aircraft described in Sec. 101-37.304. If an agency
decides to base the charge for using its aircraft solely on this rate,
it must recover the fixed costs of those aircraft from the
appropriations which support the mission for which the procurement of
the aircraft was justified. In such cases, the fixed cost recovery rate
may be expressed on an annual, monthly, or flying hour basis.
(c) To compute the full cost recovery rate of using a Government
aircraft for a trip, add the variable cost recovery rate for the
aircraft or aircraft type to the corresponding fixed cost recovery rate
and multiply this sum by the estimated number of flying hours for the
trip using the proposed aircraft.
Sec. 101-37.205 Aircraft program cost effectiveness.
Although cost data are not the only measures of the effectiveness
of an agency's aircraft program, they can be useful in identifying
opportunities to reduce aircraft operational costs. These opportunities
include changing maintenance practices, purchasing fuel at lower costs,
and the replacement of old, inefficient aircraft with aircraft that are
more fuel efficient and have lower operation and maintenance costs. The
[[Page 3552]] most common measures used to evaluate the cost
effectiveness of various aspects of an aircraft program are expressed
as the cost per flying hour or per passenger mile (one passenger flying
one mile). These measures may be developed using the standard aircraft
program cost elements (see Sec. 101-37.201) and include, but are not
limited to: maintenance costs/flying hours, fuel and other fluids/
flying hours, and variable cost/passenger mile. GSA will coordinate the
development of other specific cost-effectiveness measures with the
appropriate Interagency Committee for Aviation Policy subcommittees
(ICAP).
(a) Maintenance costs per flying hour. Maintenance costs per flying
hour identifies on an aggregate basis relative cost effectiveness of
maintenance alternatives. This measure is among those necessary to
identify and justify procurement of less costly aircraft.
(b) Fuel and other fluids cost per flying hour. Fuel per flying
hour identifies the relative fuel efficiency of an individual aircraft.
The measure identifies the requirement to replace inefficient engines
or to eliminate fuel inefficient aircraft from the fleet.
(c) Crew costs-fixed per flying hour. When based on the total fixed
crew costs and flying hours, can be used to determine the impact of
crew utilization on overall operating costs; can also be used to
compare crew utilization and salary levels among different agency or
bureau aircraft programs.
(d) Operations overhead per flying hour. Operations overhead may be
used on an aggregate basis (i.e., total operations overhead
expenditures divided by hours flown) to compare the overhead activities
in direct support of aircraft operations among agencies or bureaus.
This factor can indicate excess overhead support costs.
(e) Administrative overhead per flying hour. Administrative
overhead may be used on an aggregate basis (i.e., total administrative
overhead divided by hours flown) to compare the level of administrative
support to other agencies and bureaus.
4. Subpart 101-37.3 is revised to read as follows:
Subpart 101-37.3--Cost Comparisons for Acquiring and Using Aircraft
Sec.
101-37.300 General.
101-37.301 Applicability.
101-37.302 [Reserved]
101-37.303 [Reserved]
101-37.304 Variable cost rate.
101-37.305 Acquisition and management.
Subpart 101-37.3--Cost Comparisons for Acquiring and Using Aircraft
Sec. 101-37.300 General.
The provisions of this subpart prescribe policies and procedures
for conducting cost comparisons for the acquisition, use, or lease of
aircraft. This subpart incorporates selected provisions of OMB
Circulars A-76 and A-126.
Sec. 101-37.301 Applicability.
This subpart applies to all agencies in the executive branch of the
Federal Government. It does not apply to the United States Postal
Service, to the Government of the District of Columbia, or to non-
Federal organizations receiving Federal loans, contracts, or grants.
Sec. 101-37.302 [Reserved]
Sec. 101-37.303 [Reserved]
Sec. 101-37.304 Variable cost rate.
For the purpose of comparing costs (Government, commercial charter,
and airline) associated with passenger transportation flights, as
required by Sec. 101-37.406, the agency should develop a variable cost
rate for each aircraft or aircraft type as follows:
(a) Accumulate or allocate to the aircraft or aircraft type all
historical costs, for the previous 12 months, grouped under the
variable cost category defined in Sec. 101-37.201. These costs should
be obtained from the agency's accounting system.
(b) Adjust the historical variable costs for inflation and for any
known upcoming cost changes to determine the projected variable cost.
The inflation factor used should conform to the provisions of OMB
Circular A-76.
(c) Divide the projected variable cost of the aircraft or aircraft
type by the projected annual flying hours for the aircraft or aircraft
type to compute the variable cost rate (per flying hour).
(d) To compute the variable cost for a proposed trip, multiply the
variable cost rate by the estimated number of flying hours for the
trip. The number of flying hours should include:
(1) If no follow-up trip is scheduled, all time required to
position the aircraft to begin the trip and to return the aircraft to
its normal base of operations.
(2) If a follow-on trip requires repositioning, the cost for
respositioning should be charged to the associated follow-on trip.
(3) If an aircraft supports a multi-leg trip (a series of flights
scheduled sequentially), the use of the aircraft for the total trip may
be justified by comparing the total variable cost of the entire trip to
the commercial aircraft cost (including charter) for all legs of the
trip.
Sec. 101-37.305 Acquisition and management.
(a) The number and size of aircraft acquired by an agency and the
capacity of those aircraft to carry passengers and cargo shall not
exceed the level necessary to meet the agency's mission requirements.
(b) Agencies must comply with OMB Circular A-76 before purchasing,
leasing, or otherwise acquiring aircraft and related services to assure
that these services cannot be obtained from and operated by the private
sector more cost effectively.
(c) Agencies shall review on a 5-year cycle the continuing need for
all of their aircraft and the cost effectiveness of their aircraft
operations in accordance with OMB approved cost justification
methodologies. A copy of each agency review shall be submitted to GSA
when completed and to OMB with the agency's next budget submission.
Agencies shall report any excess aircraft and release all aircraft that
are not fully justified by these reviews.
(d) Agencies shall use their aircraft in the most cost effective
way to meet their requirements.
Subpart 101-37.4--Use of Government-Owned and Operated Aircraft
Sec. 101-37.401 [Reserved]
5. Section 101-37.401 is removed and reserved.
6. Section 101-37.404 is revised to read as follows:
Sec. 101-37.404 Approving the use of Government aircraft for
transportation of passengers.
(a) Use of Government aircraft for official travel may be approved
only by the agency head or official(s) designated by the agency head.
(b) Whenever a Government aircraft used to fulfill a mission
requirement is used also to transport senior Federal officials, members
of their families or other non-Federal travelers on a space available
basis (except as authorized under 10 U.S.C. 4744 and regulations
implementing that statute), the agency that is conducting the mission
shall certify in writing prior to the flight that the aircraft is
scheduled to perform a bona fide mission activity, and that the minimum
mission requirements have not been exceeded in order to transport such
space available travelers. In emergency situations, an after-the-fact
written certification by the agency is permitted. [[Page 3553]]
7. Section 101-37.408 is revised to read as follows:
Sec. 101-37.408 Reporting travel by senior Federal officials.
Agencies shall submit semi-annual reports for the periods October 1
through March 31 (due May 31), and April 1 through September 30 (due
November 30) to the General Services Administration, Aircraft
Management Division, Washington, DC 20406. A copy of each report shall
also be submitted to the Deputy Director for Management, Office of
Management and Budget, 725 17th Street, NW, Washington, DC 20503.
Agencies shall submit report data using the Federal Aviation Management
Information System structure and management codes for automated
reporting or GSA Form 3641, Senior Federal Travel. Agencies that did
not transport any senior Federal officials or special category
travelers during the relevant time frame must still submit a written
response that acknowledges the reporting requirements and states they
have no travel to report. These reports shall be disclosed to the
public upon request unless classified.
(a) Reports shall include data on all non-mission travel by senior
Federal officials on Government aircraft (including those senior
Federal officials acting in an aircrew capacity when they are also
aboard the flight for transportation), members of the families of such
officials, any non-Federal traveler (except as authorized under 10
U.S.C. 4744 and regulations implementing that statute), and all mission
and non-mission travel for senior executive branch officials. The
reports shall include:
(1) The names of the travelers;
(2) The destinations;
(3) The corresponding commercial cost had the traveler used
commercial airline or aircraft service (including charter);
(4) The appropriate allocated share of the full operating cost of
each trip;
(5) The amount required to be reimbursed to the Government for the
flight;
(6) The accounting data associated with the reimbursement; and
(7) The data required by Sec. 101-37.407 (a), (b) and (d) of this
subpart.
(b) Each agency is responsible for reporting travel by personnel
transported on aircraft scheduled by that agency.
(c) The agency using the aircraft must also maintain the data
required by this section for classified trips. This information shall
not be reported to GAS or OMB but must be made available by the agency
for review by properly cleared personnel.
8. Subpart 101-37.5 is revised to read as follows:
Subpart 101-37.5--Management Information Systems (MIS)
Sec.
101-37.500 General
101-37.501 [Reserved]
101-37.502 GSA MIS responsibilities.
101-37.503 Reporting responsibilities.
101-37.504 Reports.
101-37.505 Aircraft used for sensitive missions.
101-37.506 Reporting requirements for law enforcement, national
defense, or interdiction mission aircraft.
Subpart 101-37.5--Management Information Systems (MIS)
Sec. 101-37.500 General.
Executive agencies must maintain an aviation MIS. Agency systems
will include computer applications appropriate to the complexity of the
operation. Systems should be integrated among bureaus, agencies, and
Departments as appropriate to maximize efficiency and effectiveness
Governmentwide. MIS capabilities will include, but are not limited to,
collecting, consolidating, and producing the reports and analyses
required by: field-level organizations for day-to-day operations,
agencies to justify the continuing use of aircraft or new acquisitions,
GSA to develop Governmentwide aviation management guidance, and OMB and
other oversight agencies to capitalize on opportunities to improve
efficiency and effectiveness.
Sec. 101-37.501 [Reserved]
Sec. 101-37.502 GSA MIS responsibilities.
The Aircraft Management Division will operate the Governmentwide
aircraft MIS (also known as the Federal Aviation Management Information
System (FAMIS)), develop generic aircraft MIS standards and software,
and provide technical assistance to agencies in establishing automated
aircraft information and cost accounting systems and conducting cost
analyses required by OMB. The FAMIS will collect and maintain summary
data including, but not limited to:
(a) Aircraft and aviation related facilities inventories;
(b) Cost and utilization for owned aircraft and aviation
facilities;
(c) Cost and utilization for chartered, rented, or contracted
aircraft;
(d) Inventories of support service agreements; and
(e) Senior Federal official and special category travel data.
Sec. 101-37.503 Reporting responsibilities.
Reporting responsibilities are as follows:
(a) Owned aircraft. The executive agency to which the aircraft is
registered in conformance with the FAA regulations or appropriate
military regulations is responsible for reporting inventory, cost, and
utilization data for each aircraft.
(b) Bailed aircraft. The executive agency which operates bailed
aircraft is responsible for reporting inventory, cost, and utilization
data for each aircraft.
(c) Leased or lease/purchased aircraft. The executive agency which
makes payment to a private or other public sector organization for the
aircraft is responsible for reporting inventory, cost, and utilization
data for each aircraft.
(d) Loaned aircraft. The executive agency which owns an aircraft on
loan to a Federal agency will report inventory, cost, and utilization
data. The executive agency which owns an aircraft on loan to a State,
cooperator, or other non-Federal entity will report inventory data
associated with that aircraft.
(e) Contract, charter, and rental aircraft. The executive agency
which makes payment to a private sector or other public sector
organization for the aircraft is responsible for reporting cost and
utilization data by specific aircraft for each type of mission
performed.
(f) Support services. The executive agency establishing the
aviation support services agreement with service vendors is responsible
for reporting associated data by agreement number, aircraft or service
type, and vendor.
(g) Senior Federal official and special category travel. Each
executive agency is responsible for reporting travel by personnel
transported on aircraft scheduled by that agency.
Sec. 101-37.504 Reports.
Executive agencies will submit aviation management data using FAMIS
structure format for automated reporting or appropriate forms. FAMIS
data shall be submitted to the General Services Administration,
Aircraft Management Division, Washington, DC 20406. Interagency report
control number 0322-GSA-AN has been assigned to these reports. To the
extent that information is protected from disclosure by statute, an
agency is not required to furnish information otherwise required to be
reported under this subpart.
(a) Each executive agency will provide GSA with reports as changes
occur for: [[Page 3554]]
(1) Facilities inventories. Additions, deletions, and changes shall
be submitted using GSA Form 3549, Government-owned/leased Maintenance,
Storage, Training, Refueling Facilities (per facility) or FAMIS file
structures.
(2) Aircraft inventories. Additions, deletions, and changes shall
be submitted using GSA Form 3550, Government Aircraft Inventory (per
aircraft) or FAMIS file structures. Any aircraft operated or held in a
non-operational status, must be reported to FAMIS regardless of its
ownership category.
(3) Aviation support services cost data. This data will be
submitted using GSA Form 3554, Aircraft Contract/Rental/Charter Support
Services Cost Data Form or FAMIS file structures, as support service
agreements become effective.
(b) Each executive agency will provide GSA with reports annually on
or before January 15 for the previous fiscal year ending September 30
for:
(1) Contract, rental, and charter aircraft cost and utilization
data. Each form or FAMIS database record must contain only one aircraft
for each type of mission performed. The data is submitted using GSA
Form 3551, Contract/Charter/Rental Aircraft Cost and Utilization or
FAMIS file structures.
(2) Government aircraft cost and utilization data. The cost and
utilization information must be tracked by serial number and must
reflect the actual use and expenditures incurred for each individual
aircraft. These reports are to be submitted using GSA Form 3552,
Government Aircraft Cost and Utilization or FAMIS file structures.
(c) Each executive agency will provide GSA with a report
semiannually on or before May 31 for the period October 1 through March
30, and on or before November 30 for the period April 1 through
September 30 for senior Federal official and special category travel.
These reports are to be submitted using GSA Form 3641, Senior Federal
Travel or FAMIS file structures. Executive agencies that did not
transport any senior Federal officials or special category travelers
during the relevant time frame must submit a written response that
acknowledges the reporting requirements and states that they have no
travel to report. For detailed explanation see Sec. 101-37.408.
Sec. 101-37.505 Aircraft used for sensitive missions.
Inventory, cost, and utilization data submitted to GSA for agency
aircraft dedicated to national defense, law enforcement, or
interdiction missions will be safeguarded as specified in Sec. 101-
37.506. GSA will not allow identification (registration number, serial
number, etc.), location, or use patterns to be disclosed except as
required under the Freedom of Information Act.
Sec. 101-37.506 Reporting requirements for law enforcement, national
defense, or interdiction mission aircraft.
Agencies using aircraft for law enforcement, national defense, or
interdiction missions may use reporting provisions which provide for
agency information protection as specified in paragraphs (a) and (b) of
this section.
(a) Undercover aircraft. Agencies operating undercover aircraft as
defined in Sec. 101-37.100, will report to GSA all FAMIS data in
accordance with Sec. 101-37.504, to include the registration number and
serial number as reported to the Federal Aviation Administration (FAA),
Office of Aircraft Registry.
(b) Deep cover aircraft. Agencies operating deep cover aircraft as
defined in Sec. 101-37.100, will report to GSA all FAMIS data in
accordance with Sec. 101-37.504, except for that data requiring special
handling by the FAA. Specific identifying data for those aircraft
requiring special handling by the FAA will be reported as follows:
(1) Special number data. Initially, agencies will supply the actual
aircraft serial number with a unique code number. The code number will
be used for all future data submissions. GSA will maintain the actual
serial number and associated code in a secured file independent from
all other FAMIS data. The secured file containing aircraft serial
number data will not be printed or distributed.
(2) Registration number data. Agencies will not submit registration
number (FAA registration number) for deep cover aircraft.
(3) Location data. Agencies will not submit location data.
Subpart 101-37.11--Accident and Incident Reporting and
Investigation
Sec. 101-37.1101 [Reserved]
8. Section 101-37.1101 is removed and reserved.
Dated: December 28, 1994.
Julia M. Stasch,
Acting Administrator of General Services.
[FR Doc. 95-773 Filed 1-17-95; 8:45 am]
BILLING CODE 6820-24-M
