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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: November 6, 2002

SUBJECT: Federal Management Regulation (FMR); Management of Government Aircraft

SOURCE: Federal Register, November 6, 2002, Vol. 67, No. 215, page 67741

AGENCIES: Office of Governmentwide Policy, General Services Administration (GSA)

ACTION: Final Rule

SYNOPSIS: GSA is updating, streamlining, and clarifying Federal Property Management Regulations (FPMR) Part 101-37, Government Aviation Administration and Coordination, then moving most of it to the Federal Management Regulation (FMR) as Part 102-33, Management of Government Aircraft.

EDITOR'S NOTE: The FPMR is Chapter 101 of Title 41 of the Code of Federal Regulations (CFR). The FMR is Chapter 102 of Title 41 of the CFR. Both the FPMR and the FMR are available at http://policyworks.gov/org/main/mv/fmr/index.htm.

GSA is in the process of updating, reorganizing, streamlining, simplifying, and clarifying the contents of the FPMR, then transferring the contents to the Federal Management Regulations (FMR), which was established on July 21, 1999, as Chapter 102 of Title 41 of the CFR. When the transfer is complete, the FMR will contain a refined set of policies and regulatory requirements on managing property and administrative services. Non-regulatory materials (such as guidance, procedures, information and standards) will be available in separate documents, such as customer service guides, handbooks, brochures, Internet websites, and FMR bulletins.

The FMR is written in the "plain language" regulatory style. This style is directed at the reader and uses a question and answer format, active voice, shorter sentences, and pronouns such as "we", "you", and "I".

The conversion from the FPMR to the FMR will take some time, so it will occur incrementally as the regulations are rewritten. Because of this, both the FPMR and the FMR will exist concurrently, and readers will need to refer to both documents to obtain all the related material -- the same content will not appear in both regulations.

EFFECTIVE DATE: November 6, 2002.

FOR FURTHER INFORMATION CONTACT: Peter Zuidema, Director, Aircraft Management Policy Division (MTA), 202-219-1377, or peter.zuidema@gsa.gov.

SUPPLEMENTAL INFORMATION: Over the years, FPMR Part 101-37 has been amended many times, and its organization has become a patchwork of rules on various subjects. Therefore, GSA reorganized the portions of FPMR 101-37 that address the life-cycle of aircraft management (from acquisition through disposal), and to accommodate revised reporting requirements.

Since the FMR is replacing the FPMR, this final rule adds a cross-reference in the FPMR directing readers to the coverage in the FMR. All that remains of FPMR 101-37 is FPMR 101-37.000, Cross-Reference to the Federal Management Regulation (FMR) (41 CFR Chapter 102, Parts 102-1 through 102-220), FPMR Subpart 101-37.1, Definitions, and FPMR Subpart 101.37-4, Use of Government-Owned and -Operated Aircraft. FPMR 101-37.000 states:

      (a) For information on government aviation administration and coordination, see FMR Part 102-33, Management of Government Aircraft, (41 CFR Prt 102-33).
     (b) For information on travel on government aircraft, continue to use the following subparts of the FPMR:
            (1) Subpart 101-37.1, Definitions.
            (2) Subpart 101-37.4, Use of Government-Owned and -Operated Aircraft.

EDITOR'S NOTE: FPMR Subpart 101-37.4, Use of Government-Owned and -Operated Aircraft, which addresses reporting travel of senior federal officials, approving travel on government aircraft, and justifying and approving the use of Government aircraft to carry passengers are retained in the FPMR until they are transferred to the Federal Travel Regulation (FTR).

FMR Part 102-33 consists of the following sections:

Subpart A, How These Rules Apply
General
102-33.5To whom do these rules apply?
102-33.10May we request approval to deviate from these rules?
102-33.15How does this part relate to the Federal Aviation Regulations?
102-33.20What definitions apply to this part?
Responsibilities
102-33.25What are our responsibilities under this part?
102-33.30What are the duties of an agency's Senior Aviation Management Official (SAMO)?
102-33.35How can we get help in carrying out our responsibilities?
102-33.40What are GSA's responsibilities for Federal aviation management?
   
Subpart B, Acquiring Government Aircraft and Aircraft Parts
Overview
102-33.45What is a Government aircraft?
102-33.50Under what circumstances may we acquire Government aircraft?
102-33.55Are there restrictions on acquiring Government aircraft?
102-33.60What methods may we use to acquire Government aircraft?
102-33.65What is the process for acquiring Government aircraft?
Planning to Acquire Government Aircraft
102-33.70What directives must we follow when planning to acquire Government aircraft?
102-33.75What other guidance is available to us in planning to acquire Government aircraft?
OMB Circular A-76
102-33.80Must we comply with OMB Circular A-76 before we acquire Government aircraft?
102-33.85Where should we send our OMB Circular A-76 Cost-Comparison Studies?
The Process for Budgeting to Acquire Government Aircraft
102-33.90What is the process for budgeting to acquire a Federal aircraft (including a Federal aircraft transferred from another executive agency)?
102-33.95What is the process for budgeting to acquire commercial aviation services (CAS)?
Contracting to Acquire Government Aircraft
102-33.100What are our responsibilities when contracting to purchase or lease-purchase a Federal aircraft or to award a CAS contract?
102-33.105What special requirements must we put into our CAS contracts?
Acquiring Aircraft Parts
102-33.110What are our responsibilities when acquiring aircraft parts?
102-33.115Are there special requirements for acquiring military Flight Safety Critical Aircraft Parts (FSCAP)?
102-33.120Are there special requirements for acquiring life-limited parts?
   
Subpart C, Managing Government Aircraft and Aircraft Parts
Overview
102-33.125If we use Federal aircraft, what are our management responsibilities?
102-33.130If we hire CAS, what are our management responsibilities?
102-33.135Do we have to follow the direction in OMB Circular A-123, "Management Accountability and Control," June 21, 1995, for establishing management controls for our aviation program?
Establishing Flight Program Standards
102-33.140What are Flight Program Standards?
102-33.145Why must we establish Flight Program Standards?
102-33.150Is any agency exempt from establishing Flight Program Standards under this part?
102-33.155How must we establish Flight Program Standards?
Management/Administration
102-33.160What standards must we establish or require (contractually, where applicable) for management/administration of our flight program?
Operations
102-33.165What standards must we establish or require (contractually, where applicable) for operation of our flight program?
Maintenance
102-33.170What standards must we establish or require (contractually, where applicable) for maintenance of our Government aircraft?
Training
102-33.175What standards must we establish or require (contractually, where applicable) to train our flight program personnel?
Safety
102-33.180What standards must we establish or require (contractually, where applicable) for flight program safety?
102-33.185What standards must we establish or require (contractually, where applicable) for responding to aircraft accidents and incidents?
Accounting for the Cost of Government Aircraft
102-33.190What are the aircraft operations and ownership costs for which we must account?
102-33.195Do we need an automated system to account for aircraft costs?
102-33.200Must we periodically justify owning and operating Federal aircraft?
102-33.205When we use our aircraft to support other executive agencies, must we recover the operating costs?
Accounting for the Use of Government Aircraft
102-33.210How do we account for the use of our Government aircraft?
102-33.215May we use Government aircraft to carry passengers?
102-33.220What are the responsibilities of an agency's aviation program in justifying the use of a Government aircraft to transport passengers?
Managing Aircraft Parts
102-33.225How must we manage aircraft parts?
102-33.230May we use military FSCAP on non-military FAA-type certificated Government aircraft?
102-33.235What documentation must we maintain for life-limited parts and FSCAP?
   
Subpart D, Disposing of Government Aircraft and Aircraft Parts
Overview
102-33.240What must we consider before disposing of aircraft and aircraft parts?
102-33.245May we report as excess, or replace (i.e., by exchange/sale), both operational and non-operational aircraft?
102-33.250May we report as excess, or replace, declassified aircraft?
102-33.255Must we document FSCAP or life-limited parts installed on aircraft that we will report as excess or replace?
102-33.260When 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 Government Aircraft
102-33.265What are our options if aircraft are excess to our needs?
102-33.270What is the process for reporting an excess aircraft?
Replacing Aircraft Through Exchange or Sale
102-33.275Are there restrictions on replacing aircraft by exchange or sale?
102-33.280What are our options if we need a replacement aircraft?
102-33.285Do we need to include any special disclaimers in our exchange/sale agreements for uncertificated aircraft or aircraft that we have operated as public aircraft (i.e., not in compliance with the Federal Aviation Regulations, 14 CFR chapter I)?
102-33.290What other disclaimers must we include in our exchange/sale agreements for aircraft?
102-33.295May we exchange or sell an aircraft through reimbursable transfer to another executive agency?
Disposing of Aircraft Parts
102-33.300What must we consider before disposing of aircraft parts?
102-33.305May we report as excess, or replace, FSCAP and life-limited parts?
102-33.310May we report as excess, or replace, unsalvageable aircraft parts?
102-33.315What are the procedures for mutilating unsalvageable aircraft parts?
102-33.320What must we do if we are unable to perform required mutilation of aircraft parts?
102-33.325What documentation must we furnish with excess/surplus or replaced parts when they are transferred, donated, exchanged, or sold?
Reporting Excess Aircraft Parts
102-33.330What must we do with aircraft parts that are excess to our needs?
102-33.335What are the receiving agency's responsibilities in the transfer or donation of aircraft parts?
102-33.340What are GSA's responsibilities in disposing of excess and surplus aircraft parts?
102-33.345What are a State agency's responsibilities in the donation of Federal Government aircraft parts?
Replacing Aircraft Parts Through Exchange or Sale
102-33.350Do we need approval from GSA to replace aircraft parts by exchange or sale?
102-33.355May we do a reimbursable transfer of parts with another executive agency?
102-33.360What is the process for selling or exchanging aircraft parts for replacement?
102-33.365Must we report exchange or sale of parts to FAIRS?
Special Requirements for Disposing of Flight Safety Critical Aircraft Parts (FSCAP) and Life-Limited Parts
102-33.370What must we do to dispose of military FSCAP or life-limited parts?
102-33.375What is a FSCAP Criticality Code?
   
Subpart E, Reporting Information on Government Aircraft
Overview
102-33.380Who must report information to GSA on Government aircraft?
102-33.385Is any civilian executive agency exempt from the requirement to report information to GSA on Government aircraft?
102-33.390What information must we report on Government aircraft?
Federal Aviation Interactive Reporting System (FAIRS)
102-33.395What is FAIRS?
102-33.400How must we report to FAIRS?
102-33.405When must we report to FAIRS?
Federal Inventory Data
102-33.410What are Federal inventory data?
102-33.415When may we declassify an aircraft and remove it from our Federal aircraft inventory?
102-33.420How must we declassify an aircraft?
Federal Aircraft Cost and Utilization Data
102-33.425What Federal aircraft cost and utilization data must we report?
102-33.430Who must report Federal aircraft cost and utilization data?
Commercial Aviation Services (CAS) Cost and Utilization Data
102-33.435What CAS cost and utilization data must we report?
102-33.440Who must report CAS cost and utilization data?
Accident and Incident Data
102-33.445What accident and incident data must we report?
102-33.450How must we report accident and incident data?
Common Aviation Management Information Standard (C-AMIS)
102-33.455What is C-AMIS?
102-33.460What is our responsibility in relation to C-AMIS?

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2002 by Panoptic Enterprises. All Rights Reserved.

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