[Federal Register Volume 62, Number 157 (Thursday, August 14, 1997)]
[Rules and Regulations]
[Pages 43472-43474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21388]
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GENERAL SERVICES ADMINISTRATION
41 CFR Part 101-37
[FPMR Amdt. G-112]
RIN 3090-AG54
Management, Use, and Disposal of Government Aircraft Parts
AGENCY: Office of Governmentwide Policy, GSA.
ACTION: Final rule.
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SUMMARY: This regulation provides policy on the management and disposal
of Government-owned aircraft parts. This change is issued to address
safety concerns that surplus Government aircraft parts are distributed
without proper documentation and control, and to establish procedures
to ensure that only eligible parts are made available for transfer and
donation purposes.
EFFECTIVE DATE: August 14, 1997.
FOR FURTHER INFORMATION CONTACT: Peter Zuidema, Director, Aircraft
Management Policy Division (MTA), 202-219-1377.
SUPPLEMENTARY INFORMATION: The General Services Administration (GSA)
has determined that this rule is not a significant regulatory action
for the purposes of Executive Order 12866.
Regulatory Flexibility Act
This rule is not required to be published in the Federal Register
for notice and comment. Therefore, the Regulatory Flexibility Act does
not apply.
Paperwork Reduction Act
GSA has determined that the Paperwork Reduction Act (44 U.S.C.
chapter 35) does not apply because this regulation does not contain any
information collection requirements that require the approval of the
Office of Management and Budget. This rule also is exempt from
Congressional review prescribed under 5 U.S.C. 801 since it relates
solely to agency management and personnel. This rule is written in a
``plain English'' style.
What is the ``plain English'' style of regulation writing?
The ``plain English'' style of regulation writing is a new, simpler
to read and understand, question and answer regulatory format.
How does the plain English style of regulation writing affect
employees?
A question and its answer combine to establish a rule. The employee
and the agency must follow the language contained in both the question
and its answer.
List of Subjects in 41 CFR Part 101-37
Aircraft, Government property management.
For the reasons set forth in the preamble, 41 CFR part 101-37 is
amended as follows:
PART 101-37--[AMENDED]
1. The authority citation for Part 101-37 continues to read as
follows:
Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c); the
Budget and Accounting Act of 1921, as amended; the Budget and
Accounting Procedures Act of 1950, as amended; Reorganization Plan
No. 2 of 1970; Executive Order 11541; and OMB circular No. A-126
(Revised May 22, 1992).
2. Section 101-37.100 is amended by adding in alphabetical order
the following definitions:
Sec. 101-37.100 Definitions.
* * * * *
Aircraft part means any part, component, system, or assembly
primarily designated for aircraft.
* * * * *
Criticality Code is the one-digit code assigned by Department of
Defense to designate an aircraft part as a Flight Safety Critical
Aircraft Part (FSCAP).
* * * * *
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 shut-down resulting in an unsafe condition.
* * * * *
Military surplus aircraft part is an aircraft part that has been
released as surplus by the military, even if subsequently resold by
manufacturers, owner/operators, repair facilities, or any other parts
supplier.
* * * * *
Production approval holder is the holder of a Federal Aviation
Administration Production Certificate (PC), Approved Production
Inspection System (APIS), Parts Manufacturer Approval (PMA), or
Technical Standard Order (TSO) who controls the design and quality of a
product or part thereof, in accordance with Part 21 of the Federal
Aviation Regulations (14 CFR 21.305).
* * * * *
Replacement means the process of acquiring property specifically to
be used in place of property which is still needed but will no longer
adequately perform all the tasks for which it was used.
* * * * *
Unsalvageable aircraft part is an aircraft part which cannot be
restored to an airworthy condition due to its age, physical condition,
a non-repairable defect, insufficient documentation, or non-conformance
with applicable specifications. For additional information on
disposition of such parts refer to FAA Advisory Circular No. 21-38, or
other current applicable guidelines.
3. Subpart 101-37.6 is added to read as follows:
Subpart 101-37.6--Management, Use, and Disposal of Government Aircraft
Parts
Sec.
101-37.600 What does this subpart do?
101-37.601 What responsibilities does the owning/operating agency
have in the management and use of Government aircraft parts?
101-37.602 Are there special requirements in the management, use
and disposal of military Flight Safety Critical Aircraft Parts
(FSCAP)?
101-37.603 What are the owning/operating agency's responsibilities
in reporting excess Government aircraft parts?
101-37.604 What are the procedures for transferring and donating
excess and surplus Government aircraft parts?
101-37.605 What are the receiving agency's responsibilities in the
transfer and donation of excess and surplus Government aircraft
parts?
[[Page 43473]]
101-37.606 What are the GSA approving official's responsibilities
in transferring and donating excess and surplus Government aircraft
parts?
101-37.607 What are the State Agency's responsibilities in the
donation of surplus Government aircraft parts?
101-37.608 What are the responsibilities of the Federal agency
conducting the sale of Government aircraft parts?
101-37.609 What are the procedures for mutilating unsalvageable
aircraft parts?
101-37.610 Are there special procedures for the exchange/sale of
Government aircraft parts?
Subpart 101-37.6--Management, Use, and Disposal of Government
Aircraft Parts
Sec. 101-37.600 What does this subpart do?
This subpart prescribes special policies and procedures governing
the management, use, and disposal of Government-owned aircraft parts.
Sec. 101-37.601 What responsibilities does the owning/operating agency
have in the management and use of Government aircraft parts?
(a) The owning/operating agency is responsible for ensuring the
continued airworthiness of an aircraft, including replacement parts.
The owning/operating agency must ensure that replacement parts conform
to an approved type design, have been maintained in accordance with
applicable standards, and are in condition for safe operation.
(b) In evaluating the acceptability of a part, the owning/operating
agency should review the appropriate log books and historical/
maintenance records. The maintenance records must contain the data set
forth in the latest version of Federal Aviation Administration (FAA)
Advisory Circular 43-9. When the quality and origin of a part is
questionable, the owning/operating agency should seek guidance from the
local FAA Flight Standards District Office (FSDO) in establishing the
part's airworthiness eligibility.
Sec. 101-37.602 Are there special requirements in the management, use,
and disposal of military Flight Safety Critical Aircraft Parts (FSCAP)?
(a) Yes. Any aircraft part designated by the Department of Defense
as a FSCAP must be identified with the appropriate FSCAP Criticality
Code which must be perpetuated on all documentation pertaining to such
parts.
(b) A military FSCAP may be installed on a FAA type-certificated
aircraft holding either a restricted or standard airworthiness
certificate, provided the part is inspected and approved for such
installation in accordance with the applicable Federal Aviation
Regulations.
(c) If a FSCAP has no maintenance or historical records with which
to determine its airworthiness, it must be mutilated and scrapped in
accordance with Sec. 101-37.609. However, FSCAP still in its original
unopened package, and with sufficient documentation traceable to the
Production Approval Holder (PAH), need not be mutilated. Undocumented
FSCAP with no traceability to either the original manufacturer or PAH
must not be made available for transfer or donation. For assistance in
the evaluation of FSCAP, contact the local FAA Flight Standards
District Office (FSDO).
Sec. 101-37.603 What are the owning/operating agency's
responsibilities in reporting excess Government aircraft parts?
(a) The owning/operating agency must report excess aircraft parts
to GSA in accordance with the provisions set forth in part 101-43 of
this chapter. The owning/operating agency must indicate on the
reporting document if any of the parts are life-limited parts and/or
military FSCAP, and ensure that tags and labels, applicable historical
data and maintenance records accompany these aircraft parts.
(b) The owning/operating agency must identify excess aircraft parts
which are unsalvageable according to FAA or DOD guidance, and ensure
that such parts are mutilated in accordance with Sec. 101-37.609. The
owning/operating agency should not report such parts to GSA.
Sec. 101-37.604 What are the procedures for transferring and donating
excess and surplus Government aircraft parts?
(a) Transfer and donate excess and surplus aircraft parts in
accordance with part 101-43, Utilization of Personal Property, and part
101-44, Donation of Personal Property.
(b) Unsalvageable aircraft parts must not be issued for transfer or
donation; they must be mutilated in accordance with Sec. 101-37.609.
Sec. 101-37.605 What are the receiving agency's responsibilities in
the transfer or donation of excess and surplus Government aircraft
parts?
(a) The receiving agency must verify that all applicable labels and
tags, and historical/modification records are furnished with the
aircraft parts. The receiving agency must also ensure the continued
airworthiness of these parts by following proper storage, protection
and maintenance procedures, and by maintaining appropriate records
throughout the life cycle of these parts.
(b) The receiving agency must perpetuate the DOD-assigned
Criticality Code on all property records of acquired military FSCAP.
The receiving agency must ensure that flight use of military FSCAP on
civil aircraft meets all Federal Aviation Regulation requirements.
(c) The receiving agency must certify and ensure that when a
transferred or donated part is no longer needed, and the part is
determined to be unsalvageable, the part must be mutilated in
accordance with Sec. 101-37.609 and properly disposed.
Sec. 101-37.606 What are the GSA approving official's responsibilities
in transferring and donating excess and surplus Government aircraft
parts?
(a) The GSA approving official must review transfer documents of
excess and surplus aircraft parts for completeness and accuracy, and
ensure that the certification required in Sec. 101-37.605(c) is
included in the transfer document.
(b) The GSA approving official must also ensure the following
statement is included on the SF123, Transfer Order Surplus Personal
Property:
``Due to the critical nature of aircraft parts failure and the
resulting potential safety threat, recipients of aircraft parts must
ensure that any parts installed on a civil aircraft meet applicable
Federal Aviation Administration Regulations, and that required
certifications are obtained. The General Services Administration
makes no representation as to a part's conformance with FAA
requirements.''
Sec. 101-37.607 What are the State Agency's responsibilities in the
donation of surplus Government aircraft parts?
(a) The State Agency must review donation transfer documents for
completeness and accuracy, and ensure that the certification provisions
set forth in Sec. 101-37.605(c) is included in the transfer documents.
(b) The State Agency must ensure that when a donated part is no
longer needed, and the part is determined to be unsalvageable, the
donee mutilates the part in accordance with Sec. 101-37.609.
Sec. 101-37.608 What are the responsibilities of the Federal agency
conducting the sale of Government aircraft parts?
(a) The Federal agency must sell Government aircraft parts in
accordance with the provisions set forth in Part 101-45, Sale,
Abandonment, or Destruction of Personal Property of this chapter.
(b) The Federal agency must ensure that the documentation required
pursuant to Sec. 101-37.603(a) accompanies the parts at the time of
sale, and that sales offerings on aircraft parts contain the following
statement:
[[Page 43474]]
``Purchasers are warned that the parts purchased herewith may
not be in compliance with applicable Federal Aviation Administration
requirements. Purchasers are not exempted from and must comply with
applicable Federal Aviation Administration requirements. Purchasers
are solely responsible for all FAA inspections and/or modifications
necessary to bring the purchased items into compliance with 14 CFR
(Code of Federal Regulations).''
(c) The Federal agency must ensure that the following certification
is executed by the purchaser and received by the Government prior to
releasing such parts to the purchaser:
``The purchaser agrees that the Government shall not be liable
for personal injuries to, disabilities of, or death of the
purchaser, the purchaser's employees, or to any other persons
arising from or incident to the purchase of this item, its use, or
disposition. The purchaser 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
purchase or resale of this item.''
Sec. 101-37.609 What are the procedures for mutilating unsalvageable
aircraft parts?
(a) Identify unsalvageable aircraft parts which require mutilation.
(b) Mutilate unsalvageable aircraft parts so they can no longer be
utilized for aviation purposes. Mutilation includes destruction of the
data plate, removing the serial/lot/part number, and cutting, crushing,
grinding, melting, burning, or other means which will prevent the parts
from being misidentified or used as serviceable aircraft parts. Obtain
additional guidance on the mutilation of unsalvageable aircraft parts
in FAA AC No. 21-38, Disposition of Unsalvageable Aircraft Parts and
Materials.
(c) Ensure an authorized agency official witnesses and documents
the mutilation, retain a signed certification and statement of
mutilation.
(d) If unable to perform the mutilation, turn in the parts to a
Federal or Federally-approved facility for mutilation and proper
disposition. Ensure that contractor performance is in accordance with
the provisions of this part.
(e) Ensure that mutilated aircraft parts are sold only as scrap.
Sec. 101-37.610 Are there special procedures for the exchange/sale of
Government aircraft parts?
Yes. Executive agencies may exchange or sell aircraft parts as part
of a transaction to acquire similar replacement parts in accordance
with FPMR part 101-46. In addition to the requirements of this subpart,
agencies must ensure that the exchange/sale transaction is accomplished
in accordance with the methods and procedures contained in part 101-46
of this chapter, and comply with the restrictions and limitations under
Sec. 101-46.202 of this chapter.
(a) Prior to the proposed exchange/sale, agencies should determine
whether the parts identified for disposition are airworthy parts. For
additional guidance refer to the applicable FAA Advisory Circular(s),
or contact the local FAA FSDO.
(b) At the time of exchange or sale, agencies must ensure that
applicable labels and tags, historical data and modification records
accompany the aircraft parts prior to release. The records must contain
the information and content as required by current DOD and FAA
requirements for maintenance and inspections.
(c) Life limited parts that have reached or exceeded their life
limits, or which have missing or incomplete documentation, must either
be returned to the FAA production approval holder as part of an
exchange transaction, or mutilated in accordance with Sec. 101-37.609.
(d) Unsalvageable aircraft parts, other than parts in paragraph (c)
of this section, must not be used for exchange/sale purposes; they must
be mutilated in accordance with Sec. 101-37.609.
Dated: July 7, 1997.
David J. Barram,
Administrator of General Services.
[FR Doc. 97-21388 Filed 8-13-97; 8:45 am]
BILLING CODE 6820-24-U
