41 C.F.R. Subpart C—Managing Government Aircraft and Aircraft Parts
Title 41 - Public Contracts and Property Management
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 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 this part and FMR subchapter B (41 CFR chapter 102, subchapter B). 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 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). Yes, you must follow the direction in OMB Circular A–123, “Management Accountability and Control,” June 21, 1995, for establishing management controls for your aviation program. (See Note to §102–33.70.) 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.
Title 41: Public Contracts and Property Management
PART 102–33—MANAGEMENT OF GOVERNMENT AIRCRAFT
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, “Management Accountability and Control,” June 21, 1995, for establishing management controls for our aviation program?
Establishing Flight Program Standards
§ 102-33.140 What are Flight Program Standards?
Flight Program Standards are standards specific to your agency's aviation operations, including your commercial aviation services (CAS) contracts. Your Flight Program Standards must meet the requirements in §§102–33.155 through 102–33.185, and they must meet or exceed applicable civil or military rules. When civil or military rules do not apply, you must use risk management techniques to develop Flight Program Standards specifically for your program. In your standards, you must address all aspects of your program, e.g., uncertificated aircraft, high-risk operations, special personnel requirements, that may not be addressed under the rules for civil aircraft in the Federal Aviation Regulations (14 CFR chapter I). The requirements for Flight Program Standards in §§102–33.155 through 102–33.185 incorporate and adapt the ICAP's “Safety Standards Guidelines for Federal Flight Programs,” revised December 22, 1999, and available from GSA, Aircraft Management Policy Division (MTA), 1800 F Street, NW., Washington, DC 20405.
§ 102-33.145 Why must we establish Flight Program Standards?
You must establish Flight Program Standards to ensure that aircraft your agency uses are operated safely, effectively, and efficiently.
§ 102-33.150 Is any agency exempt from establishing Flight Program Standards under this part?
Yes, in addition to the Armed Forces and intelligence agencies, entities outside the executive branch of the Federal Government are exempt from establishing Flight Program Standards 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—
(a) Uses the aircraft to conduct official Government business; or
(b) 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 detailed, agency-specific standards, which establish or require (contractually, where applicable) policies and procedures for—
(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; and
(e) Safety of your flight program.
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) the following:
(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).
(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, and dispatchers.
(c) Procedures to record and track flight time, duty time, and training of crewmembers.
(d) Procedures to record and track duty time and training of maintenance personnel.
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) the following:
(a) Basic qualifications and currency requirements for your pilots and other crewmembers, maintenance personnel, and other mission-related personnel.
(b) Limitations on duty time and flight time for pilots and other crewmembers.
(c) Compliance with owning-agency or military safety of flight notices and operational bulletins.
(d) Flight-following procedures to notify management and initiate search and rescue operations for lost or downed aircraft.
(e) 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, as follows:
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 in Public Law 106–181, 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 an agency transports passengers on a Government-owned aircraft or uses that aircraft for commercial purposes, the agency 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. 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 at (202) 693–0044. 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. 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. 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. If you are a Federal employee. If you are injured or killed on the job during the performance of duty, including while traveling or working aboard a Government aircraft or other Government-owned or operated conveyance for official Government business purposes, you and your family are eligible to collect workers' compensation benefits under FECA. You and your family may not file a personal injury or wrongful death suit against the United States or its employees. However, you may have cause of action against potentially liable third parties. 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. If you are a private citizen not employed by the Federal government. 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 workman's 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: 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.
(f) At the origin of each flight, creation of a manifest containing 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.
(g) Documentation of any changes in the manifest by leg, and retention of manifests for two years from the time of flight.
(h) Procedures for reconciling flight manifests with persons actually on board and a method to test those procedures periodically.
(i) At the origin of each flight, preparation of a complete weight and balance computation and a cargo-loading manifest, and retention of this computation and manifest for 30 days from the time of flight.
(j) Appropriate emergency procedures and equipment for specific missions.
(k) Procedures to ensure that required Aviation Life Support Equipment (ALSE) is inspected and serviceable.
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) the following:
(a) 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 Federal Aviation Regulations);
(4) FAA-accepted programs (i.e., those following ICAP guides that have been accepted by the FAA); or
(5) Your agency's self-prescribed programs.
(b) Compliance with owning-agency or military safety of flight notices, FAA airworthiness directives, or mandatory manufacturers' bulletins applicable to the types of aircraft, engines, propellers, and appliances you operate.
(c) Procedures for operating aircraft with inoperable equipment.
(d) Technical support, including appropriate engineering documentation and testing, for aircraft, powerplant, propeller, or appliance repairs, modifications, or equipment installations.
(e) A quality control system for acquiring replacement parts, ensuring that the parts you acquire have the documentation needed to determine that they are safe for flight and are inspected and tested, as applicable.
(f) Procedures for recording and tracking maintenance actions; inspections; and the flight hours, cycles, and calendar times of life-limited parts and FSCAP.
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) an instructional program to train your flight program personnel, initially and on a recurrent basis, in their responsibilities and in the operational skills relevant to the types of operations that you conduct. See §102–33.180(a) for specific requirements for safety manager training.
Safety
§ 102-33.180 What standards must we establish or require (contractually, where applicable) for flight program safety?
For flight program safety, you must establish or require (contractually, where applicable) the following:
(a) The appointment of qualified aviation safety managers (i.e., those individuals who are responsible for an agency's aviation safety program, regardless of title), who must be—
(1) Experienced as pilots or crewmembers or in aviation operations management/flight program management; and
(2) Graduated 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.
(b) Risk analysis and risk management to identify and mitigate hazards and provide procedures for managing risk to an optimum level.
(c) Use of independent oversight and assessments (i.e., unbiased inspections) to verify compliance with the standards called for in this part.
(d) Procedures for reporting unsafe operations to senior aviation safety managers.
(e) A system to collect and report information on aircraft accidents and incidents (as required by 49 CFR part 830 and §§102–33.445 and 102–33.450).
(f) A program for preventing accidents, which includes—
(1) Measurable accident prevention procedures (e.g., pilot proficiency evaluations, fire drills, hazard analyses);
(2) A system for disseminating accident-prevention information;
(3) Safety training;
(4) An aviation safety awards program; and
(5) For Federal aircraft-owning agencies, a safety council.
§ 102-33.185 What standards must we establish or require (contractually, where applicable) for responding to aircraft accidents and incidents?
For responding to aircraft accidents and incidents, you must establish or require (contractually, where applicable) the following:
(a) An aircraft accident/incident reporting capability to ensure that you will comply with the NTSB's regulations (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.
(b) An 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. You can see a copy of the NTSB's plan on the Web at http://www.ntsb.gov/publictn/1999/SPC9904.pdf or htm.
(c) Procedures (see 49 CFR 831.11) for participating as a party in NTSB's investigations of accidents or incidents involving aircraft that your agency 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.
(e) Procedures for disseminating, in the event of an aviation disaster that involves one of your Government aircraft, information about eligibility for benefits that is contained in the disclosure statement in §102–33.165(e) to anyone injured, to injured or deceased persons' points of contact (listed on the manifest), and to the families of injured or deceased crewmembers and qualified non-crewmembers.
Note to §102–33.185: This part does not supersede any of the regulations in 49 CFR part 830 or part 831. For definitions of terms and complete regulatory guidance on notifying NTSB and reporting aircraft accidents and incidents, see 49 CFR parts 830 and 831.
Accounting for the Cost 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 as described in the “Government Aircraft Cost Accounting Guide” (CAG), which follows OMB Circular A–126 and is available from GSA, Aircraft Management Policy Division (MTA), 1800 F Street, NW., Washington, DC 20405.
§ 102-33.195 Do we need an automated system to account for aircraft costs?
If you own Federal aircraft or operate bailed Federal aircraft, you must maintain an automated system to account for aircraft costs by collecting the cost data elements required by the Federal Aviation Interactive Reporting System (FAIRS). The functional specifications and data definitions for a FAIRS-compliant system are described in the “Common Aviation Management Information Standard” (C-AMIS), which is available from GSA, Aircraft Management Policy Division (MTA), 1800 F Street, NW., Washington, DC 20405. See §§102–33.395 and 102–33.460 for more information on FAIRS and C-AMIS. Agencies who 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 justify owning and operating the aircraft by reviewing your operations and establishing that you have a continuing need for the aircraft, as required in OMB Circular A–76. You must also establish the cost-effectiveness of all your aircraft operations following OMB-approved cost justification methodologies, which are described in OMB Circular A–76 every five years.
§ 102-33.205 When we use our aircraft to support other executive agencies, must we recover the operating costs?
(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 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 Government Aircraft CAG, which is available from GSA, Aircraft Management Policy Division (MTA), 1800 F Street, NW., Washington, DC 20405, for definitions of these terms.
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, 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 (e.g., 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 (i.e., the Governmental function that the aircraft was dispatched to perform);
(d) Departure and destination points;
(e) Flight date(s) and times;
(f) A 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 according to the rules and requirements in Federal Aviation Regulations (14 CFR chapter I).
(b) For certain kinds of travel, your agency must justify passengers' presence on Government aircraft (see OMB Circular A–126 and the Government Aircraft Cost Accounting Guide (CAG) published by GSA for complete information on authorizing travel and analyzing costs before authorizing travel on Government aircraft).
§ 102-33.220 What are the responsibilities of an agency's aviation program in justifying the use of a Government aircraft to transport passengers?
(a) Upon request from an agency's travel approving authority, the agency's aviation program must provide cost estimates to assist in determining whether or not use of a Government aircraft to carry passengers is justified. See OMB Circular A–126 for more information on justifying travel on Government aircraft. See also the Government Aircraft Cost Accounting Guide (CAG) published by GSA (defined in §102–33.20) 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 if you are not charged for the use of the aircraft.
(b) In weighing alternatives for travel on Government aircraft, you must also consider the following:
(1) If no follow-on trip is scheduled, all time required positioning 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.
(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, “Eligibility and Evaluation of U.S. Military Surplus Flight Safety Critical Aircraft Parts, Engines, and Propellers.”
§ 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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