(3) Senior Air Safety Investigator (SASI). A Senior Air Safety Investigator (SASI) shall have over 5 years experience in accident investigations and be able to direct and lead teams investigating the most complex accidents involving high technology aircraft, under the most difficult conditions, worldwide.

(b) The following factors involved in an aircraft accident that affect the difficulty of the investigation are listed in (generally) increasing complexity. These factors should be considered

when assigning an investigator to an accident and are presented as guidance only to the convening authority within the investigating agency.

(1) Aircraft type. (Fixed-wing) General aviation single-engine, general aviation multi-engine, commercial multiengine, commercial turbo-prop, commercial jet, 1st generation air carrier, 2nd generation air carrier, 3rd generation air carrier, fighter, research aircraft. (Helicopter) Light helicopter, medium helicopter, large helicopter.

(2) Environment. Visual flight conditions, instrument flight conditions, restrictions to visibility, high velocity or cross winds, thunderstorms, windshear, or unusual weather phenomena; i.e., tornadoes, hurricanes, etc.

(3) Segment. Taxi, visual flight rules (VFR), instrument flight rules (IFR), en route, takeoff, approach/landing, air traffic control zones, restricted areas.

(4) Type. (Injury) Non-injury, serious injury, fatality. (Damage) Minor/no aircraft damage, substantial aircraft damage, aircraft destroyed, in-flight breakups. (Fire) No fire, post.

(5) Location. Rural, suburban, urban, municipal airport, military base, international airport, large metropolitan

area.

(6) Public interest. General aviation, business, commercial, commuter, air carrier, collisions, any of the above with a public figure on board.

[57 FR 48331, Oct. 23, 1992]

§ 101-37.1108 Accident and incident investigation reports.

The policies governing aircraft accident/incident investigation reports are as follows:

(a) The operating agency or its designated investigating entity; e.g.,

NTSB, commercial contractors, etc., should prepare reports for all accidents/incidents involving agency aircraft that such agency or entity investigates.

(b) The factual report and the evaluative report are the responsibility of the operating agency. Agencies may establish agreements for the preparation of the factual and evaluative reports with the qualified in-house resources, commercial contractors, and/or another agency pursuant to an interagency agreement.

(1) Factual report. The purpose of this report is to assemble all available facts about an accident/incident so that conclusions as to probable cause(s) can be made, and secondarily for use in other proceedings outside the area of accident/incident prevention. This report does not contain opinions, conclusions, or recommendations of the investigator(s) concerning any aspect of the accident/incident and should be made available to any government agency and/or private individuals or groups. When agencies conduct investigations, a copy of the narrative summary will be provided to the NTSB. This report includes only a factual narrative summary prepared by the investigator(s), all factual material collected by the investigator(s), and a list of all known witnesses. Privileged material such as proprietary material of manufacturers shall be attached in sealed addenda and released only as appropriate. The factual summary prepared by the investigator(s) should give an overview of the pertinent facts contained in the factual report. Normally, the summary should include, but is not limited to:

(i) Accident/incident identification, including aircraft number and type, date, and time of accident/incident;

(ii) History of flight/operation, including the flight's origin, course, destination, time of departure, and time of termination;

(iii) Purpose of flight;

(iv) Briefing and pre-flight, including crew rest, description of any briefing and pre-flight procedures;

(v) Flight, including flight plan, communications, navigation, aircraft parameters (altitude, speed, etc.), and weather;

(vi) Impact, including description of time, date, aircraft altitude, airspeed, angle of attack, and related facts at time of impact;

(vii) Personal and survival equipment, and survivability;

(viii) Rescue/crash response; (ix) Maintenance;

(x) Airframe;

(xi) Crew qualifications;

(xii) Medical, including use and function of restraint systems;

(xiii) NAVAIDS and facilities; and (xiv) Results of on-sight and off-sight testing.

(2) Evaluative report. The purpose of this report is to improve safety by preventing accidents/incidents. This report is used to assist agencies to build or enhance an effective aviation safety program. This report contains the conclusions, opinions, and recommendations of the investigator(s) and certain designated witness' statements. Except for the aforementioned witness statements, no factual information and/or material not available in the factual report should be referred to or relied upon in this report. Evaluative notes of the agency's investigator(s), to the extent they may be retained, should be attached to this report.

(i) The utility of the evaluative report depends in part on candid statements and observations by witnesses or those directly involved in the accident/ incident. (See paragraph (d) of this section.) Therefore, the investigator-incharge should inform witnesses that their statements are #intended to be used only for safety evaluation and improvement purposes.

(ii) If the investigator-in-charge, in consultation with agency counsel, has determined that a witness' statement may be privileged, it should be attached only to the evaluative report.

(c) Limited use and protection of the evaluative report. The evaluative report, attachments, and report endorsements are exempt from disclosure to the extent covered by 5 U.S.C. 552 (b)(5). Agency counsel can determine the extent of such coverage. The evaluative report should be used only for safety purposes.

(d) Preventing use of information contained in the evaluative report for other than its intended purposes en

courages aircraft accident/incident witnesses, investigator(s), and endorsers of aircraft evaluative reports and attachments to provide complete, open, and forthright information, opinions, conclusions, and recommendations regarding the accident/incident investigated. If aircraft accident/incident investigator(s) and endorsers believed that their deliberations, opinions, and recommendations could be used for other than safety purposes, they might be reluctant to develop or include in their reports and endorsements information which would be vital for safety and for the prevention of future loss of life, bodily injury, and/or property damage.

(e) Investigators. Consistent with the policies and procedures contained in paragraphs (a) through (e) of this section, all investigators, including but not limited to investigators-in-charge, may testify as to the factual information they obtained during the course of the accident investigation, including factual evaluations embodied in the factual report.

[57 FR 48331, Oct. 23, 1992]

Subpart 101-37.12-Federal Agency Aviation Safety Program

SOURCE: 59 FR 27486, May 27, 1994, unless otherwise noted.

§ 101-37.1200 General.

(a) This subpart sets forth guidance to agencies for establishing aviation safety programs in accordance with the direction given to GSA in OMB Circular A-126, but the subpart is not binding on other agencies.

(b) The aviation safety program objective is the safe accomplishment of the agency mission, and is a direct result of effective management which should include attention to detail sufficient to preclude the occurrence of an accident. Each agency should establish appropriate key management positions and define their responsibilities and qualifications. Agencies should ensure these positions are staffed with properly qualified personnel.

§ 101-37.1201 Applicability.

As prescribed in this subpart 10137.12, the requirement to develop and

operate an aviation safety program which addresses all program facets including, but not limited to, flight, ground, and weapons environments, is applicable to all Federal aviation programs.

§ 101-37.1202 Agency aviation safety responsibilities.

aviation pro

Agencies operating grams are responsibilities for establishing and conducting a comprehensive aviation safety program. Agencies should appoint qualified aviation safety managers at both the national and operational program level.

§ 101-37.1203 Aviation safety manager qualifications.

(a) Aviation safety manager positions may be full time or additional duty, based on program mission requirements. In general, an aviation safety manger should, regardless of management level:

(1) Be knowledgeable in agency aviation program activities within his/her purview;

(2) Have experience as a pilot, crew member, or in aviation operations management; and

(3) Be a graduate of a recognized aviation safety officer or accident prevention course, or qualified within 1 year through attendance at formal courses(s) of instruction.

(b) These standards should be used as a guide to ensure that qualified personnel are selected as safety managers. However, they do not supersede those job classifications prescribed by the Office of Personnel Management or other appropriate authority.

§ 101-37.1204 Program responsibilities.

Agencies will ensure that policies, objectives, and standards are established and clearly defined to support an effective aviation accident prevention effort. The aviation safety manager should develop and implement an agency aviation safety program which integrates agency safety policy into aviation related activities.

§ 101-37.1205 Program elements.

As a recommendation, aviation safety program elements should include, but not be limited to, the following:

(a) Aviation safety council;
(b) Inspections and evaluations;
(c) Hazard reporting;

(d) Aircraft accident and incident investigation;

(e) Education and training;

(f) Aviation protective equipment; (g) Aviation qualification and certification; and

(h) Awards program.

§ 101-37.1206 Aviation safety council.

(a) Each agency should establish aviation safety councils at the appropriate aircraft operations level. The purpose of the council is to promote safety by exchanging ideas, reviewing, and discussing hazard reports and accident and incident reports, and assessing the threat to safe operation inherent in mission operations plans. The council should function to recommend changes to agency policies, rules, regulations, procedures, and operations based upon such discussions, reviews, and assessments. The council should meet regularly and should consist, at a minimum, of those individuals within the organization responsible for the following areas:

(1) Operations/mission planning; (2) Safety;

(3) Aircrew training;

(4) Maintenance; and
(5) Aircrew scheduling.

(b) Safety meetings for operations and maintenance personnel are used to increase the education and awareness of agency personnel regarding the hazards associated with aviation and to discuss mishap prevention. Meetings should be scheduled and conducted on a regular basis.

§ 101-37.1207 Inspections and evaluations.

The purpose of any inspection or evaluation is to prevent aviation accidents and to foster aviation safety.

(a) Each agency should establish and maintain an inspection and evaluation program for all aviation activities. All operational elements of the aviation activity should be regularly inspected and evaluated based on standardized criteria established by the agency. The purpose of this program is to ensure that the agency mission is being carried out in accordance with Federal

and agency safety regulations and directives.

(b) Records should be kept and will identify the function or work area involved, date(s), hazard(s) identified, and recommended corrective action(s). All agencies will ensure appropriate resolution and close-out.

§ 101-37.1208 Hazard reporting.

Each agency safety program should include an aviation hazard reporting and resolution tracking system. Hazards are identified as conditions, practices, or procedures that constitute an immediate or potential threat to the safe conduct of aviation operations and may be reported by any person. Reports may be submitted on any event, procedure, practice, or condition that adversely affects safety of aviation operations. Prompt resolution of hazards, by safety threat priority, should be the goal of the agency.

§ 101-37.1209 Aircraft accident and incident investigation and reporting. Each agency aviation safety program should have an aircraft accident and incident investigation and reporting capability (see subpart 101–37.11).

§ 101-37.1210 Education and training.

Each aviation operations program should develop and conduct aviation safety training within applicable OPM guidelines. Identification, development, and presentation of training needs that are unique to respective programs should be accomplished as required. Training frequency, duration, and currency requirements should be developed for each safety discipline, and should consist of initial and recurring training.

§ 101-37.1213 Aircraft accident and incident database.

Each agency should establish an aircraft accident and incident data collection system to support an effective aviation safety and accident prevention program. The database should include:

(a) Owner and operator of the aircraft;

(b) Federal Aviation Administration registration number or assigned tail number;

(c) Aircraft make, model, and serial number;

(d) Location of occurrence;

(e) Date of mishap (month/day/year); (f) Type of mishap, accident, or incident (see § 101–37.1101, Definitions);

(g) Estimated damage to the aircraft; (h) Type of injury; no injury, serious injury, or fatal injury (see § 101-37.1101, Definitions);

(i) Brief description of the circumstances; and

(j) Name of the investigator as it appears on the factual report (see §10137.1108).

§ 101-37.1214 Aviation safety awards program.

Each agency should establish an aviation safety awards program to recognize individuals and organizations for exceptional acts or service in support of the organizational aviation safety program. Such a program should provide for awards in flight, ground, and weapons safety, if applicable.

Subpart 101-37.13 [Reserved]

Subpart 101-37.14-Forms

§ 101-37.1400 General.

This subpart provides the necessary information to obtain forms prescribed or available for use in connection with the subject matter covered in part 10137. These forms are designed to provide a uniform method of requesting and transmitting aviation management information and uniform documentation of transactions among Government agencies.

§ 101-37.1401 GSA forms availability.

Copies of the forms identified in paragraphs (a) through (e) of this section may be obtained from the General Services Administration (FBX), Washington, DC 20406.

(a) GSA Form 3549, Governmentowned/Leased Maintenance, Storage, Training, Refueling Facilities (Per Facility).

(b) GSA Form 3550, Government Aircraft Inventory (Per Aircraft).

(c) GSA Form 3551, Contract/Rental/ Charter Aircraft Cost and Utilization. (d) GSA Form 3552, Government Aircraft Cost and Utilization (Per Aircraft).

(e) GSA Form 3554, Aircraft Contract, Rental/Charter and Support Services Cost Data Form.

101-38.301-1 Contractors' use.

101-38.301-2

Violations.

101-38.301-3 Violation of State and local

motor vehicle traffic laws.

Subpart 101-38.4-Use and Replacement

Standards

101-38.400 Applicability.

101-38.401 Use standards.