§ 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 § 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 § 101-37.609.

§ 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 §101-37.603(a) accompanies the parts at the time of sale, and that sales offerings on aircraft parts contain the following statement:

"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."

§ 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.

§ 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 $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 §10137.609.

(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 § 101-37.609.

days after an accident or incident in accordance with 49 CFR part 830.

[57 FR 48329, Oct. 23, 1992]

§ 101-37.1103 Information to be given in notification.

As prescribed in 49 CFR 830.6, the notification shall contain the following information, if available:

(a) Type, nationality, and registration marks of the aircraft; (b) Name of owner and operator of the aircraft;

(c) Name of the pilot-in-command; (d) Date and time of the accident; (e) Last point of departure and point of intended landing of the aircraft;

(f) Position of the aircraft with reference to some easily defined geographical point;

(g) Number of persons aboard, number killed, and number seriously injured;

(h) Nature of the accident, the weather and the extent of damage to the aircraft, so far as is known; and

(i) A description of any explosives, radioactive materials, or other dangerous articles carried.

§ 101-37.1104 Preservation of agency aircraft wreckage, cargo, mail, and records.

Agency aircraft wreckage, cargo, mail, and records should be preserved as follows:

(a) The operator of an agency aircraft involved in an accident or incident for which notification must be given to the National Transportation Safety Board (NTSB) (see 49 CFR part 830), is responsible for preserving to the extent possible any agency aircraft wreckage, cargo, mail, and all records, including all recording mediums of flight, maintenance, and voice recorders, pertaining to the airmen and to the operation and maintenance of the agency aircraft until the investigator-in-charge takes custody thereof.

(b) Prior to the time the investigator-in-charge takes custody of agency aircraft wreckage or cargo, such wreckage or cargo may not be disturbed or moved except to the extent necessary to remove persons injured or trapped; protect the wreckage from further damage; or protect the public from injury.

(c) When it is necessary to move agency aircraft wreckage or cargo, sketches, descriptive notes, and photographs shall be made, if possible, of the original positions and condition of the wreckage and any significant impact marks.

(d) The operator inovled in an accident or incident should retain all records, reports, internal documents, and memoranda dealing with the accident or incident until directed otherwise by the investigator-in-charge. [57 FR 48329, Oct. 23, 1992]

§ 101-37.1105 Reporting of agency aircraft accidents and incidents.

The operator of an agency aircraft other than an aircraft of the Armed Forced or intelligence agencies (see definition in § 101-37.1101) shall file a report on NTSB Form 6120.1/2 (OMB No. 3147-001) (49 CFR part 830) within 10 days after the accident or incident listed below: (The operator shall file the report with the field office of the NTSB nearest the accident or incident.)

(a) An aircraft accident or any of the following listed incidents occur:

(1) Flight control system malfunction or failure;

(2) Inability of any required flight crew member to perform normal flight duties as a result of injury or illness;

(3) Failure of structural components of a turbine engine excluding compressor and turbine blades and vanes;

(4) In-flight fire;

(5) Aircraft collision in flight;

(6) Damage to property, other than the agency aircraft, estimated to exceed $25,000 for repair (including materials and labor) or fair market value in the event of total loss, whichever is less; and

(7) For large multiengined aircraft (more than 12,500 pounds maximum certificated takeoff weight), there shall be immediate notification when:

(i) In-flight failure of electrical systems which requires the sustained use of an emergency bus powered by a back-up source such as a battery, auxiliary power unit, or air-driven generator to retain flight control or essential instruments;

(ii) In-flight failure of hydraulic systems that results in sustained reliance on the sole remaining hydraulic or me

chanical system for movement of flight control surfaces;

(iii) Sustained loss of the power or thrust produced by two or more enignes; or

(iv) An evacuation of an aircraft in which an emergency egress system is utilized.

(b) An aircraft is overdue and is believed to have been involved in an accident.

[56 FR 5356, Feb. 11, 1991, as amended at 57 FR 48330, Oct. 23, 1992]

§ 101-37.1106 Accident and incident investigation procedures.

The policies on agency aircraft accident/incident investigations are as fol

lows:

(a) For the purposes of this regulation, accident and incident investigations are factfinding proceedings for accident prevention with no formal issues and no adverse parties and not adjudications of the rights or liabilities of any person. Therefore, these investigations are not intended to be subject to the provisions of the Administrative Procedures Act (Pub. L. 89-554, 80 Stat. 384 (5 U.S.C. 554 et seq.)).

(b) The operating agency is responsible for the conduct of an investigation of all accidents/incidents involving agency aircraft. Agencies may utilize in-house resources or enter into agreements with the NTSB, another agency, or a commercial contractor for the conduct of accident/incident investigations. The investigator-in-charge shall meet the standards prescribed in § 101-37.1107. These investigations shall be conducted primarily to determine the probable causes for accidents/incidents, and secondarily to obtain and preserve available factual evidence.

(c) Responsibility of the operating agency. (1) The operating agency is responsible for the organization, conduct, and control of all agency aircraft accident/incident investigations involving the agency's aircraft.

(2) The Federal Aviation Administration (FAA) may conduct aviation investigations in accordance with appendix A of the Reimbursable Memorandum of Agreement between the Department of Transportation and the NTSB.

Copies of the memorandum of agreement may be obtained from the National Transportation Safety Board, 490 L'Enfant Plaza East, SW, Washington, DC 20594. Investigation of an accident or incident involving agency aircraft of U.S. registry in a foreign state is at the discretion of the NTSB and applicable conventions.

(3) The operating agency shall pay expenses pertaining to the accident or incident investigation except as provided by separate agreement such as travel, investigator overtime, laboratory expense, etc.

con

(d) Nature of investigation. Accident or incident investigations are ducted by operating agencies in order to determine the facts, conditions, and circumstances relating to each accident or incident, the probable cause(s) thereof, and measures which will best prevent similar accidents or incidents in the future. The investigation includes the field investigation and report preparation.

(e) Priority of NTSB conducted investigations. When the NTSB is conducting the investigation pursuant to an agreement with an executive agency, the NTSB will provide for the appropriate participation by the operating agencies in any such investigation and said agencies will be offered the opportunity to submit proposed findings for the NTSB's consideration in determining the probable cause(s) of the accident. To the extent agencies conduct a separate investigation of an accident or incident involving agency aircraft, the investigation must not interfere with the investigation by the NTSB and must comply with the requirements of this part.

(f) The NTSB and other executive agencies will ensure that appropriate factual information obtained or developed in the course of their investigations is exchanged in a timely manner. Information developed through analysis and lab work shall be coordinated with operating agencies for the conduct of the evaluative report required by this subpart.

(g) Request to withhold information. Any person may make written objection to the public disclosure of information contained in any report or document filed, or of information obtained

by the NTSB or investigating agency, stating the grounds for such objection. The investigating agency may withhold from public disclosure information that can be withheld under the provisions of the Freedom of Information Act (5 U.S.C. 552). Information may be withheld if privileged or classified, for example, for national security reasons. The inaccessibility to such material or classified information is not sufficient reason to prevent the normal course of the investigation.

(h) Authority of the investigating agency. Any employee of the investigating agency, upon presenting appropriate credentials after obtaining the owner's consent may enter any property wherein an agency aircraft accident has occurred or wreckage from any such accident is located to conduct an investigation. The investigating agency should examine any pertinent records, including documents, papers, medical files, hospital records, and correspondence, relevant to the accident/incident. Authorized representatives of the investigating agency may question any person having knowledge relevant to an aircraft accident/incident. The investigating agency should examine and test to the extent necessary any non-military agency aircraft parts, aircraft engine, propeller, appliance, or Government property aboard an aircraft involved in an accident involving an agency aircraft.

(i) Participants to the field investigation. (1) The investigator-in-charge may designate participants in the field investigation. Participants should be limited to those persons, Government agencies, companies, and associations whose employees, functions, activities, or products were involved in the accident or incident and who can provide suitable qualified technical personnel to actively assist in the field investigation. In a NTSB investigation, a representative of the operating agency shall be invited to participate in the NTSB investigation, subject to the supervision of the NTSB's investigator.

(2) No participant in the field investigation designated under paragraph (a) of this section should be represented by any person who also represents claimants or insurers. Failure

to comply with this provision shall result in loss of status as a participant in the investigation.

(j) Access to and release of wreckage, records, mail, and cargo. (1) Only the investigating agency's accident investigation personnel and persons authorized by the investigator-in-charge to participate in any particular investigation, examination, or testing shall be permitted access to wreckage, records, mail, or cargo which is in the agency's custody.

(2) Wreckage, records, mail, and cargo in the custody of the investigator-in-charge shall be released by an authorized representative of the investigating agency when it is determined that the investigating agency has no further need of such wreckage, records, mail, or cargo.

(k) Release and dissemination of accident information. (1) Release of factual information during the field investigation, particularly at the accident scene, shall be in accordance with the investigating agency's procedures.

(2) All information concerning the accident or incident obtained by any personnel participating in the field investigation shall be passed to the investigator-in-charge, through appropriate channels. Upon approval of the investigator-in-charge, parties to the investigation may relay to their respective organization information which is necessary for prevention or remedial action. Under no circumstances shall accident information be released to or discussed with unauthorized persons whose knowledge thereof might adversely affect the investigation.

(1) Proposed findings. Any person, Government agency, company, or association whose employees, functions, activities, or products were involved in an accident under investigation may submit to the investigating agency, prior to the consideration of probable cause, proposed findings to be drawn from the evidence produced during the course of the accident investigation, a proposed probable cause, and proposed safety recommendations designed to prevent future accidents.

[57 FR 48330, Oct. 23, 1992]

§ 101-37.1107 Aircraft accident and incident investigator classifications and qualification standards and qualification levels.

The following classifications and qualification standards, together with the aircraft accident factors, are recommended for those individuals designated or assigned to investigate aircraft accidents/incidents. These individuals do not have to be full-time accident/incident investigators. These standards should be used as a guide to ensure that qualified personnel conduct accident investigations; however, they do not supersede those job classification series prescribed by the Office of Personnel Management.

(a) Each person selected to investigate aircraft accidents and incidents should have a level of aviation related knowledge and experience appropriate to meet the qualifications prescribed in paragraphs (a) (1) through (3) of this section. An investigator beginning at the trainee level must take a recognized course in basic aircraft accident investigation which, as a minimum, consists of 80 hours of instruction in aircraft accident investigation theory and application. All investigators shall continue their aviation education through classes, courses, or seminars to keep abreast with new technology, investigative techniques, and governing regulations. This will enable them to perform at the Air Safety Investigator and Senior Air Safety Investigator levels.

(1) Trainee. A trainee shall have general knowledge of the basic fundamentals of aviation and be employed in the field of aviation. This person shall work under the direct supervision of an ASI when performing accident investigation functions.

(2) Air Safety Investigator (ASI). An Air Safety Investigator (ASI) shall have from 2 to 5 years experience and have participated in, as a minimum, two aviation accident investigations. The ASI shall be capable of performing accident investigations, preparing a factual and evaluative report, and making meaningful safety recommendations, where appropriate. This person would be able to act as investigator-in-charge of most accidents and incidents.