DOE O 440.2A Draft 440.2A Aviation Management and Safety <ORG> MA <AUTHOR> Randy Stewart <AUTHOR_EMAIL> randy.stewart@hq.doe.gov <SUMMARY> To establish the framework for an efficient, effective, safe aviation program in the Department of Energy (DOE) and its contractor aviation operations. <DATE_ISSUE> 05/03/2001 <DATE_CLOSE> <TEXT> <h3><b>To comment on this directive, please go to <a href="http://www.revcom.doe.gov">RevCom</a>.</b></h3> U.S. Department of Energy DRAFT ORDER Washington, D.C. DOE O 440.2A Approved: XX-XX-01 Sunset Review: XX-XX-03 Expires: XX-XX-05 SUBJECT: AVIATION MANAGEMENT AND SAFETY 1. OBJECTIVE. To establish the framework for an efficient, effective, safe aviation program in the Department of Energy (DOE) and its contractor aviation operations. 2. CANCELLATION. DOE O 440.2, Aviation, dated 10-26-95. Cancellation of an Order does not, by itself, modify or otherwise affect any contractual obligation to comply with such an Order. Canceled Orders incorporated by reference in a contract remain in effect until the contract is modified to delete the reference to the requirements in the canceled Orders. 3. APPLICABILITY. a. DOE Elements. This Order applies to all DOE elements, including the National Nuclear Security Administration (NNSA), involved with the management, operation, and/or maintenance of aircraft and related services, except where indicated in exclusions in paragraph 3c. b. Contractors. Except for exclusions in paragraph 3c(3), the Contractor Requirements Document (CRD), Attachment 1, sets forth requirements to be applied to all contractors responsible for managing, operating, and/or maintaining DOE-owned or DOE-leased aircraft. The DOE or NNSA Federal program or field office official responsible for aviation program oversight or management will notify the contracting officer, if not the same, to ensure the CRD is incorporated into all current and future contracts associated with aircraft operations and maintenance. Contractor compliance with the CRD is required to the extent set forth in a contract. c. Exclusions. The management and safety requirements set forth in paragraph 4 of this Order do not apply to (1) aircraft owned by the Armed Forces or operated on behalf of the U.S. Government by Armed Forces personnel as defined by United States Code (U.S.C.) Title 10; (2) aircraft owned and operated by the National Guard; (3) aircraft owned and operated by other governmental agencies when used by DOE missions during emergency events where loss of life or property is imminent if the manager in charge approves the operation and certifies that this is the only reasonable option; (4) aircraft owned and operated by another governmental agency in a nonemergency if (a) the requirements for applying the Federal Flight Safety Standards Guidelines are established in a governing document (e.g., a Memorandum of Agreement or Memorandum of Understanding) and (b) the aviation program manager of the using organization approves the operation; and (5) scheduled airline operations conducted by U.S. air carriers. 4. REQUIREMENTS. a. General. Each DOE operations office and independent operating entity that has responsibility for assigned fleet aircraft (see definition 6g) or uses commercial aviation services (CAS; see definition 6f) must develop and publish an aviation implementation plan (AIP; see definition 6d) detailing the standards, operating parameters, airworthiness criteria, and safety systems of its planned aviation operations. As a minimum, the AIP will address all applicable requirements of this Order. The AIP must be submitted to the Director of the Office of Aviation Management (OAM) (MA-10) for review and approval. Significant changes in management, operations, or maintenance standards require revision and reapproval of the AIP. Each field office must review and update its AIP at least annually. All DOE organizations, except as provided in paragraph 3c, must submit an AIP for complying with this Order to the OAM Director within 180 days of the issuance of this Order, except as provided in the following paragraphs. (1) Amendments or changes to a previously approved AIP must be submitted to the OAM Director for reapproval within 90 days of the issuance of this Order. (2) Implementation plans and changes are considered approved if the OAM Director has not responded within 90 days of receipt of the document. (3) The OAM Director must review implementation plans annually and must notify affected offices of any changes that may be required. b. Departmental Elements. Departmental elements that use CAS exclusively for the Federal Government, for the performance of governmental missions or passenger operations, must require the vendor or contractor to comply with the civil standards applicable to the type of operations conducted while in service to the Department or its contractor. c. Former Military Aircraft. Former military aircraft owned or operated by the Department, other than aircraft operations excluded by paragraph 3c, must have a Federal Aviation Administration- (FAA-) accepted or FAA-approved continued airworthiness maintenance and inspection program, applicable to the type and model aircraft operated, before entering service to the Department. d. DOE Aircraft. DOE fleet aircraft or aircraft in service to DOE must be operated and maintained in accordance with the applicable parts of Title 14 Code of Federal Regulations (CFR) and/or equivalent international standards appropriate for the operations and type of aircraft in service. e. Aviation Program Managers and Safety Officers. All personnel assigned as Aviation Program Managers and Aviation Safety Officers must meet the qualifications established in the DOE Aviation Program Manager's and Aviation Safety Officer's Technical Qualification Standards and the qualifications established by the assigned position descriptions for those positions within 18 months of their assignment. The qualifications must be commensurate with assigned duties. f. Passenger Manifests. DOE and NNSA aviation operations will maintain passenger manifests. A copy of the manifest will be kept at the office of the responsible authority for 2 fiscal years following the year during which the flight occurred. As a minimum, the manifest will consist of the full name of each passenger for each leg of the flight, a person to be contacted in the event of an emergency (who is not aboard the flight), and a telephone number for the emergency contact. g. Weight and Balance Limits. DOE and NNSA organizations must ensure that aviation operations perform weight and balance calculations to ensure that aircraft are within the manufacturer=s and FAA- or military-established weight and balance limitations for each operation, flight, or mission profile for which the aircraft are to be operated. h. Flight Program Standards. Field office managers of DOE aviation programs that operate fleet aircraft (as defined in paragraph 6g) must establish comprehensive flight program standards based on paragraph 4d, and ensure that requirements, processes, and/or procedures are established for management/administrative, operations, maintenance/inspection, and training functions as described below. (1) Management/Administration. (a) Field office managers of DOE aviation programs must establish 1 a management structure, appropriate in size and scope, that is responsible for the administration, operation, safety, training, maintenance, and financial needs of DOE-owned aircraft operations; 2 roles, responsibilities, and authorities of assigned managers, pilots, maintenance personnel, flight crew members, flight safety personnel, and dispatchers, as applicable; 3 procedures to track and record flight crew member duty time, flight time, and training; 4 procedures to track and record maintenance personnel duty time and training; and 5 cost accounting systems that record the costs of operations and maintenance, including a cost elements defined within the General Services Administration's (GSA's) Cost Accounting Guide; b costs that support Office of Management and Budget (OMB) Circular A-76, Supplement, Annex 6; c costs required by Federal Property Management Regulations or successor regulations promulgated by GSA; and d costs associated with the type of aircraft operation, benefitting activity, and mission for each flight. (b) Aviation management personnel must 1 have qualifications commensurate with their duties, responsibilities, and authorities; 2 have experience similar to the civil requirements established for management personnel conducting similar flight operations; and/or 3 meet the qualifications and training requirements defined in paragraph 4e. (2) Operations. (a) Field office managers must establish 1 basic qualifications and currency requirements for the pilots, crew members, maintenance personnel, and other mission- related personnel, as required by the organization=s approved AIP; 2 duty and flight limits appropriate to the type of operation being conducted, (e.g., limits on the time an employee is on call, standby, or ready reserve); 3 methods or processes for proving compliance with DOE or manufacturer safety-of-flight notices and operational bulletins; 4 procedures to provide for timely notification of management and initiation of search and rescue operations in case of a lost or downed aircraft; 5 passenger safety briefings (required by Federal Aviation regulations) that fulfill the requirements established in the National Transportation Safety Board (NTSB) document Federal Plan for Aviation Accidents Involving Aircraft Operated by or Chartered by Federal Agencies, Appendix F (NTSB/SPC-99-04); 6 appropriate emergency procedures and equipment, including personnel and aircraft evacuation procedures; 7 a program for ensuring aviation life support equipment, if required for a specific mission, is inspected and serviceable; 8 written policies and procedures for the type of aircraft operations conducted; and 9 an operations management tracking and review process (using existing data systems where possible) that provides managers key performance indicators on a regular basis. Examples are number of flights and flight hours by pilot per month, air crew member training status per crew member per month, pilot proficiency (events) per pilot per month, operational effectiveness, aircraft and crew scheduling effectiveness, cost effectiveness, etc. (b) The use of part-time, contract or subcontract, pilots to supplement flight operations must occur only on a very limited basis on DOE fleet (i.e., owned) aircraft and is prohibited unless the pilots meet the following criteria, which must be incorporated into the field office's AIP and the contractor's, if applicable, aviation procedures or operations manual: 1 hold an appropriate pilot rating for the operation being conducted and a type rating, if required; 2 have a valid FAA Class II or Class I medical certificate, as prescribed by Title 14 CFR, Chapter 1; 3 have an instrument rating, if the operation requires flight under instrument conditions; 4 have a minimum 1200 hours as a pilot in the category and class of aircraft to be flown; 5 have a minimum 500 hours as pilot-in-command in the make and model aircraft to be flown; 6 log at least 15 hours as pilot-in-command in the make and model of aircraft to be flown during the 30 days preceding assignment as a flight crew member; 7 complete a training course, conducted by the organization, that includes orientation flights in the type of mission to be flown, and addresses crew resource management and any identified hazards associated with the area or type of operation; 8 pass an initial check ride given by the field organization before any flight operations; 9 maintain pilot proficiency in accordance with the field office's requirements; 10 have a minimal impact on the ability of the full-time flight crew members to maintain proficiency; and 11 be limited to assignment as second-in-command pilot duties only. (c) The Director, OAM, may approve contract or subcontract part-time pilots to act as pilots-in-command of DOE fleet aircraft on an individual basis. (d) An organization may use field office, DOE, NNSA, or contractor, pilot-rated personnel as part-time pilots, on a closely controlled and limited basis, to supplement flight operations. Only staff members directly involved with the oversight and management of the field office's aviation program are eligible to act as flight crew members. These staff members must meet the following criteria, which must be incorporated into the field office's AIP and, if applicable, the contractor's aviation procedures or operations manual: 1 hold an appropriate pilot rating for the operation being conducted and a type rating, if required; 2 have a valid FAA Class II or Class 1 medical certificate, as prescribed by Title 14 CFR, Chapter 1; 3 have an instrument rating, if any operation requires flights under instrument conditions; 4 have a minimum 1200 hours as a pilot in the category and class of aircraft to be flown; 5 have a minimum 250 hours as pilot-in-command in the category and class of aircraft to be flown; 6 log at least 15 hours as pilot-in-command in the category and class of aircraft to be flown during the 30 days preceding assignment as a flight crew member or complete a formal initial qualification training course in the make and model of aircraft to be flown; 7 complete a training course, conducted by the organization, that includes orientation flights in the type of mission to be flown and addresses crew resource management and any identified hazards associated with the area or type of operation and the flight mission profile to be performed; 8 pass an initial check ride given by the field organization before any flight operations; 9 maintain pilot proficiency in accordance with the field office's requirements; 10 have a minimal impact on the ability of the full-time flight crew members to maintain proficiency; and 11 be limited to assignment as second-in-command pilot duties only. (3) Maintenance/Inspection Programs. (a) Field office managers must establish 1 aircraft maintenance and inspection programs to ensure the safety of flights in accordance with either applicable manufacturers' programs, FAA-approved inspection programs, or continuous maintenance programs established under 14 CFR 121 or 135; 2 processes or procedures to obtain applicable technical support, including appropriate engineering documentation and testing, for aircraft, power plant, propeller, or appliance repairs, modifications, or equipment installations; 3 quality control processes for the purchase and acquisition of replacement parts, ensuring that parts purchased or acquired have the necessary documentation to determine airworthiness; 4 procedures to record and track maintenance actions; inspections; retirement life components and parts; and the flight hours, cycles, and calendar times for Flight Safety Critical Aircraft Parts (i.e., Department of Defense surplus/excess); 5 policies and procedures on returning aircraft to service after maintenance and inspection; 6 requirements, processes, and procedures for the operation of aircraft with inoperable equipment; and 7 procedures or processes to ensure the integrity and quality control of maintenance actions by ensuring that maintenance performed by one qualified individual on critical areas of an aircraft is checked and documented by another qualified individual who did not perform the work. Critical areas must include as a minimum the following: a removal or installation of a component or part of a flight control; b removal or installation of any component or part of a main drive or tail rotor drive system; c removal or installation of a component or part of a main or tail rotor hub assembly; d removal, disassembly, reassembly or installation of a power turbine, compressor, gearbox, combustion section or a removal and installation of a complete power plant assembly; e removal or installation of a fuel control or governor of a power plant; f removal or installation of a propeller governor or reduction gearbox; g removal or installation of a component or part of a fuel system; h removal or installation of a propeller assembly or blade; i removal or installation of any component or part associated with the landing gear of a fixed-wing aircraft; j removal or installation of internal or external mission equipment by technicians or scientists not rated under Title 14 CFR, Chapter 1, Part 65; and k procedures for maintenance of any of the identified critical systems when an aircraft is away from home base. (b) Field office managers must comply with the owning Agency=s safety-of- flight notices, FAA airworthiness directives, or mandatory manufacturers= bulletins applicable to the types of aircraft, engine(s), propeller(s), and appliances in their aircraft operations. (c) Field office managers must implement a maintenance management tracking and review process (using existing data systems where possible) that provides managers information on key elements of performance (i.e., performance indicators) on a recurring and systematic basis. Examples include maintenance effectiveness, scheduling effectiveness; parts and supply logistics effectiveness; cost effectiveness; and reliability rates of aircraft, power plants, propellers, and systems. (4) Training. (a) Flight crew members and maintenance personnel must complete initial training and recurrent training appropriate for their responsibilities and relevant to the types of operations/missions conducted by the Agency. The training must 1 be events based; 2 measure performance; 3 meet FAA standards or minimum standards established by the field office; 4 include measures taken to correct identified deficiencies; 5 be tracked per pilot and mechanic; 6 be tracked per aircraft type, make, and model; and 7 be documented to provide for outside oversight and appraisal. (b) Flight crew members and maintenance personnel must demonstrate proficiency in operational and maintenance tasks relevant to the types of operations/missions conducted by the Agency. The field office manager must establish the tasks or skills to be measured and proficiency goals for each. i. Safety Programs. Field office managers of DOE and NNSA aviation programs that operate fleet aircraft (as defined in paragraph 6g) must establish comprehensive, integrated aviation safety programs. Field office managers must (1) define the work (e.g., the type(s) of aircraft operations to be conducted, missions, area(s) of operations); (2) establish risk analysis and risk management procedures to identify hazards and implement controls to mitigate hazards and manage risk to an acceptable level; (3) conduct work within established controls; (4) conduct independent, internal assessments and oversight to verify that the standard elements required by this Order are implemented; (5) establish a system for providing internal feedback on safety issues; communicating and reporting hazards, incidents, and accidents; and disseminating safety/accident prevention and related information; (6) participate in the GSA's Aircraft Accident Incident Reporting System and any other accident or incident reporting systems prescribed by DOE or NNSA policy; (7) participate in the DOE Aviation Safety Awards Program; and (8) develop an accident response plan that includes (a) procedures for notifying NTSB, DOE, and NNSA of accidents and incidents defined by 49 CFR 830, "Notification and reporting of aircraft accidents or incidents and overdue aircraft, and preservation of aircraft wreckage, mail, cargo, and records"; DOE O 225.1A, Accident Investigation; and DOE O 232.1A, Occurrence Reporting and Processing of Operations Information, and (b) procedures that address DOE and NNSA responsibilities established in the Federal Plan for Aviation Accidents Involving Aircraft Operated by or Chartered by Federal Agencies, NTSB Report Number SPC-99-04. j. UAV and RPA Operations. DOE and NNSA organizations conducting Unmanned Air Vehicle (UAV) and Remotely Piloted Aircraft (RPA) operations (as defined in paragraphs 6s and 6n) outside the scope of Title 14 CFR, Chapter 1, must establish policies and procedures to ensure the safety, airworthiness, and effectiveness of their aviation operations. The policies and procedures, which must be reviewed by the OAM Director for concurrence, should address the following. (1) Fail-safe Principles. Fail-safe principles will govern the design of UAV or RPA systems. Systems independence and/or adequate redundancy and back-up features will provide for safe functioning of the UAV or RPA in the event of system failure. (2) Failure Detection. Any system design must provide a failure detection apparatus (preflight and in-flight built-in-test) that will notify the UAV or RPA operator of a system failure. (3) Software Verification and Validation. All UAV or RPA system software verification and validation activities should be performed in accordance with Radio Technical Commission for Aeronautics (RTCA) Design Objective 178B or current RTCA or FAA standards. (4) Flight Control System. The flight control system must include the UAV or RPA operator controls, sensors, computers, and actuation parts necessary to control the UAV or RPA flight trajectory and ensure the following: (a) adequate stability throughout the expected flight envelope; (b) any single failure of the flight control system will not significantly affect the operator's ability to control UAV or RPA recovery; (c) provisions for possible revision to degraded modes of operation are incorporated into flight control system design; and (d) the UAV or RPA will remain controllable in the event of propulsion system failure. (5) Electrical System. The electrical system must provide sufficient power and endurance to ensure safe operations and recovery throughout all phases of flight. In the event of an emergency, the electrical system or emergency power supply should be of sufficient capacity to enable recovery at either the intended or a predetermined/alternate recovery area. (6) Communications System/Data Link(s). Approval for all frequencies used in UAV or RPA operations must be obtained from the Federal Communications Commission. (a) The maximum range of the communication link must be determined and sustained by the UAV or RPA operator. (b) Any single failure of the communications system (uplink or downlink) must not affect normal control of the UAV or RPA. (c) Uplinks/downlinks are sensitive to electromagnetic interference and must be adequately protected from this hazard. (d) Aircraft designs must incorporate provisions for recovery of the UAV or RPA in the event of temporary or total loss of the communication system. (7) Navigation System. The aircraft navigation system must meet the required navigation performance standards for the airspace classification in which the operations are to be conducted. Navigation system designs must also consider the complexity and level of air traffic operations found in the airspace in which the UAV or RPA will operate. Operation of UAVs or RPAs in the National Airspace System (NAS) must have FAA approval, except within the boundaries of the NAS classified as restricted. (8) Propulsion System. All essential elements of the propulsion system, including the engine, engine controls, propeller, propeller components, actuators, and essential sensors, must meet documented reliability standards established by industry or U.S. specifications. (9) Aircraft Control Station. Manned aircraft cockpit features (e.g., control placement and ease of control column forces) do not have to be duplicated exactly. (a) Station design must facilitate control of the UAV or RPA by the internal pilot and provide for unambiguous operations and clear indications of UAV or RPA flight status. (b) Design criteria must minimize the potential for human error. All "conventional" flight indications and warnings necessary to ensure safe control of the UAV or RPA flight path must be provided. In particular, the UAV or RPA pilot must be informed of any degraded mode of operations due to any failure, including cases in which there is an automatic switching to an alternate or degraded mode of operation. (c) The control station must include a diagnostic and monitoring capability for the status of the UAV or RPA. Real-time, direct communi- cation/surveillance and data transmission capability must be provided in the absence of failure. (d) For operations in controlled airspace, direct communication with the FAA controlling agency should be incorporated into the UAV or RPA control station system design. (e) The minimum required number of simultaneous UAV or RPA operations and provisions for related task sharing will be determined by mission requirements. (f) If an external pilot used during the takeoff and landing phases of the flight receives flight parameter information from the aircraft control station through an intercommunication system, the inner communication system between the operator and the control station must be as reliable as conventional aircraft communication systems. (10) Flight Termination System. The UAV or RPA operator must have a means of safely terminating flight of the vehicle or aircraft in all phases of flight operations. The flight termination system must avoid the use of explosives to the maximum extent possible. (11) Airworthiness. A statement indicating compliance with the listed or otherwise identified sections of Title 14 CFR, Chapter 1, or design criteria listed in DOE M 4402.A, Chapter 12, will be submitted by the UAV or RPA manufacturer. (a) A manufacturer may substitute alternate data in place of the data listed in DOE M 4402.A, Chapter 12. The data must specifically address the substituted paragraph(s) and note the substitution in the compliance statement. The alternate data must also provide a level of safety at least equivalent to the level of safety specified in Title 14 CFR, Chapter 1, or the data indicated in DOE M 4402.A, Chapter 12. All alternate data must be documented; a DOE Flight Readiness Review Board will make the final determination regarding the justification and merit of the proposed alternate data. (b) FAA Advisory Circulars 43.13-1A and 43.13-2A, Change 2, must be used by repairmen or technicians in the fabrication, installation, and repair of the airframe and components. k. Safety Documentation. Aviation safety documentation must be developed by each DOE organization for each mission that has risks not normally accepted by the public. l. Charter and Lease Operations. DOE organizations involved in CAS operations must ensure that aircraft charter and lease contractors are evaluated by the appropriate DOE organization or designee before the initiation of flight operations and, if a continuing need exists, evaluations must be conducted every 24 months thereafter. m. Local Site Plans. Field office managers must develop local site plans as outlined in the Federal Plan for Aviation Accidents Involving Aircraft Operated by or Chartered by Federal Agencies, NTSB document NTSB/SPC-99/04. n. Reporting Requirements. The following reporting requirements are established to ensure fleet aircraft and CAS are effectively used, program needs are met, and accurate information is obtained to report accountability to appropriate oversight entities. In addition, the information provided by paragraphs 4n(2) and 4n(3) will be used by OAM to improve coordination and scheduling of programmatic research and development needs with available aviation assets. (1) Each field office operating, using, or sponsoring the use of Government aircraft must appoint a responsible individual to maintain the required records and reports of aircraft use and the other required reports established by this Order. The name of the responsible individual must be provided to OAM. (2) DOE program offices involved with research and development work requiring the use of an aircraft, UAV, or RPA must file the mission profile with OAM before operations. The report should include the following information: (a) estimated payload requirements; (b) anticipated or desired altitudes of operations; (c) areas of operations; (d) any limitations as far as air or ground speeds during the test; (e) desired endurance (time aloft); and (f) anticipated dates or planned dates of deployments. At a minimum, items noted in paragraphs 4n(2)(c) and (d) must be transmitted to OAM as soon as the program office sponsoring the aircraft operation(s) becomes aware of the need for aircraft. (3) DOE organizations that operate fleet aircraft involved with research and development work, including UAV or RPA, must provide the following information to the Director, OAM, on a quarterly basis: (a) aircraft type(s); (b) aircraft make(s) and model(s); (c) date(s) aircraft is/are available; (d) number of days aircraft is/are available; and (e) any limitations, such as number of flight hours aircraft can be used, altitude restrictions, airspeed restrictions, or payload restrictions. (4) Every use of Government aircraft requires quarterly reporting of flight hours, costs, and other relevant information to the Federal Aviation Interactive Reporting System as required by Federal Management Regulation 102-33. Approved vendors must be reported to OAM or the DOE Approved Aircraft Vendor database as soon as possible. o. Use of Government Aircraft for Official Travel. (1) DOE will primarily use scheduled commercial airlines for official travel and transportation of persons. Exceptions to this policy may be made when (a) such services are not available or are not timely for travel requirements; (b) the cost of chartered, leased, or rented aircraft services does not exceed the cost of scheduled commercial services; (c) the mission requirements (as defined in paragraph 6j) necessitate the use of Government aircraft (as defined in paragraph 6o); or (d) the safety of scheduled commercial services or other modes of travel cannot be verified or is found to be unacceptable. (2) Traveler safety is the paramount consideration and will not be compromised for convenience or cost factors. All use of CAS must be in compliance with the Federal Travel Regulations and applicable policies from OMB. (3) General Policy and Procedures for Procuring Approved Government Aircraft for Passenger Transportation. (a) Travel aboard Government aircraft requires a determination by the travel approving official that such travel is in the best interest of the Government. Before approving the use of Government aircraft, the approving official must consider the availability and relative cost of fleet and charter aircraft services compared with the cost of scheduled commercial airline services. (b) No person may be carried aboard a Government aircraft without proper authorization. (c) DOE operations offices must maintain passenger manifests for flights, as required by paragraph 4f. (d) Aircraft owned by another agency and CAS, other than scheduled commercial carriers, may provide passenger service to DOE only after verification of safety and procedures standards by DOE aviation personnel. Approved providers will be listed in the DOE Approved Aircraft Vendor database and the information made available to all interested persons. (e) Government aircraft must not be procured or dispatched for personal convenience, political travel purposes, or unofficial travel. Incidental travel for political events may be authorized only by the DOE Headquarters Office of the General Counsel. (f) No person may be carried as a passenger aboard a Government aircraft for unofficial purposes. Persons who are not Government employees or DOE contractors may be carried only when an appropriate Government official determines that their participation in the flight is in the best interest of the Government. Such determination must be in writing and records retained for 2 fiscal years following the year of the flight. (g) Members of other Government agencies may fly aboard DOE- sponsored flights with appropriate approval and documentation from their respective agencies or the responsible DOE official. Copies of approval documents will be retained by the sponsoring DOE agency. p. Approved Aircraft Operators. (1) Each DOE field office must procure CAS in accordance with its approved procurement procedures and AIP. (2) Before use of Government aircraft (fleet, chartered, leased, rented, or bailed aircraft), the aircraft and aircraft operator must be approved. Approved aircraft and operators are those that have been reviewed by the Department and found to meet the DOE aviation safety and operational standards. (3) DOE fleet aircraft are approved for travel use and mission use. These aircraft will be listed in the "Approved Aircraft Operators" database. Field offices operating fleet aircraft that regularly transport passengers must receive information from OAM before the program budget year for planning Headquarters support flight time. Each field office must budget for the appropriate level of activity. (4) The Department occasionally relies on the aircraft support of other Federal, State, and local government agencies. Verification of the operator's government aviation safety standards is required before personnel travel or conduct missions on other Government aircraft, including the use of foreign government aircraft. (5) Approved Commercial Operators. (a) CAS providers must be approved by appropriate DOE aviation authorities before being used. Approved CAS providers are listed in a database maintained by OAM titled "Approved Aircraft Operators." (b) If an organization wishes to use a CAS provider that is not listed in the "Approved Aircraft Operators" database, it may contact OAM for assistance in gaining approval for use of the operator. q. Common Procedures That Apply to Official Travel. (1) Each traveler and the travel approving authority must consider the most cost- effective means of travel commensurate with accomplishment of the mission. (2) Cost effectiveness will be determined by the total cost to taxpayers of each available mode of travel, including the cost of the transportation and related factors such as the per diem, the employee=s lost work time, and the fringe benefits associated with each option. (3) The travel approving authority will retain documentation of the cost analysis for 2 fiscal years following the year of travel. r. Special Procedures That Apply to Official Travel. (1) Special interest passengers (as defined in paragraph 6q) may require additional approval for travel on Government aircraft. All travel by senior Executive Branch officials aboard Government aircraft requires approval by the appropriate travel approving official and by the Office of the General Counsel, DOE Headquarters. Such approval must be in writing. All travel by other special interest passengers aboard Government aircraft for purposes of attending meetings or conferences or making speeches must be approved by the servicing Office of the General Counsel. The Office of the General Counsel must maintain records of such approvals for 2 fiscal years following the year of the flight. (2) Travel of the Secretary of Energy is coordinated by the Office of Scheduling and Advance. When the Office of Scheduling and Advance determines that scheduled commercial service will not meet the travel needs of the Secretary, it will request assistance from OAM to determine the most effective means of meeting the requirements of the trip. OAM staff will research appropriate Government and charter resources to meet the travel requirements and will conduct safety and cost analyses of viable options. (3) The Office of Scheduling and Advance will submit passenger manifests to the Office of the General Counsel for approval of travel for the Secretary of Energy and members of the Secretary=s immediate staff. Other Headquarters offices and field offices must submit requests to the cognizant Office of General Counsel for passenger approval. Requests for passenger approval must include the full name and organization of each individual scheduled for the trip. The Office of the General Counsel will (a) coordinate with the appropriate Headquarters offices to verify that travel meets the standards for travel, requires the approval of the Office of the General Counsel, and is appropriately funded; (b) forward approval for travel to the servicing DOE aviation office and the requesting office or, if warranted, provide reasons for disapproval; (c) determine whether reimbursement is due to the Government for any travel or portion of the travel. When reimbursement is required, the Office of the General Counsel will coordinate with OAM to calculate the amount of reimbursement and notify the responsible persons to collect the reimbursement; and (d) retain copies of approvals/disapprovals for future travel audits. (4) Field office personnel, including contractors, often use aircraft in support of the Department=s missions. Each field office that uses aircraft other than regularly scheduled commercial airlines is responsible for the approval, procurement, and safety of their aviation operations. The responsibilities and procedures for field offices to conduct their aviation programs will be detailed in their respective AIPs. s. Foreign Air Carriers. (1) The use of foreign aircraft, whether Government, scheduled airline, or CAS provider, presents special problems for DOE travelers. Foreign operators may not meet the high standards of safety and oversight required of operators in the United States. While most nations, including the United States, subscribe to the standards of the International Civil Aviation Organization (ICAO), compliance of foreign air carriers is dependent on the ability and expertise of the governments of the nations wherein they reside to provide proper oversight. Monitoring and reporting of a foreign country's ability to properly oversee aviation standards is conducted by FAA. DOE accepts FAA's International Aviation Safety Assessment (IASA) program determination of a foreign government=s ability to oversee its flag air carriers as meeting the ICAO standards and therefore acceptable for DOE use. To be fully acceptable under these criteria, the oversight country must be rated as "level 1" by IASA. Individual foreign airlines that demonstrate an unusual accident history may be deemed unacceptable for passenger travel by OAM even though their host countries meet the oversight criteria. (2) Foreign CAS providers may not be subject to the same oversight as scheduled commercial carriers in the same country. Military aircraft are not subject to the ICAO standards. (3) DOE employees planning foreign travel should review the safety standards of the CAS providers they intend to use. Specific assistance for this is available from OAM. If a CAS provider does not meet DOE safety standards, passengers must be informed in writing by the official approving the travel. The travelers must be informed that they are undertaking an uncommon risk by using the substandard carrier and that their personal life insurance policies may be affected by use of these carriers. (4) Foreign operators may be assessed and evaluated by contacting OAM for assistance. 5. RESPONSIBILITIES. a. Secretary of Energy. (1) Appoints the Director, OAM, as the Senior Aviation Management Official (SAMO). (2) Establishes an Aviation Board of Directors. b. Director, Office of Aviation Management. (1) Serves as the DOE SAMO. (2) Provides recommendations to the Secretary of Energy for the safe, efficient, and reliable management of aircraft used by DOE and NNSA. (3) Chairs the DOE Aviation Board of Directors. (4) Nominates candidates for Board membership to the Director, Office of Management and Administration. (5) Develops and implements policies, systems, and practices to maintain the highest standards of aviation safety, health, and airworthiness and implements procedures and practices that provide for the highest professional standards of aircraft safety, operations, and airworthiness. (6) Defines the aviation mission requirements, in collaboration with DOE and NNSA program offices and field activities. (7) Approves the selections of the types of aviation assets or services required to carry out the respective aviation missions, based on OMB Circular A-76 studies and in collaboration with DOE and NNSA program offices and field activities. (8) Reviews, in collaboration with cognizant DOE and NNSA offices, the use of aviation assets to ensure the safe and efficient management of the Department=s aviation services and resources. (9) Provides for the final approval for the acquisition and disposal of Departmental aviation assets. (10) Assists the operating programs with aviation budget preparation, program charter, and contract aircraft activities; conducts appropriate studies and reviews; assures timely and accurate reporting; and implements the highest safety standards and procedures. (11) Provides technical assistance and guidance, if available, and is the focal point for the collection, retention, evaluation, and dissemination of aviation information. (12) Represents the Department to other Government agencies concerning aviation operations and reporting. (13) Approves AIPs. (14) Is the approving authority for any deviations or waivers to or from the requirements of this order. c. DOE Aviation Board of Directors. Recommends broad policy and procedures for the procurement, operations, safety, and disposal of DOE aircraft and aviation services to the DOE Field Management Council. d. Assistant Secretary for Environment, Safety and Health. Is responsible for conducting independent aviation safety oversight. e. Cognizant Secretarial Officers, Administrator of the National Nuclear Security Administration, Heads of Departmental Elements, Heads of Power Marketing Administrations, and Heads of Field Organizations that conduct aviation operations within their programs. (1) Develop and implement effective aviation operations, airworthiness, and safety programs that meet the requirements of this Order. (2) Ensure the effectiveness of contractor aviation operations, airworthiness, and safety programs. f. Office of Scheduling and Advance. When the Secretary=s Office determines the Secretary must travel by air on other than a regularly scheduled commercial airline, the Office of Scheduling and Advance will coordinate this travel with OAM. The Office of Scheduling and Advance will (1) Contact OAM in a timely manner to advise of the Secretary=s intended air travel. (2) Provide OAM with the following information 7 days before the scheduled flight: (a) purpose of the proposed travel (e.g., mission travel, required use travel, political travel, non-mission-related travel, Presidentially directed travel); (b) dates and itinerary of travel; (c) names of persons traveling with the Secretary; (d) any special aircraft requirements including aircraft type, special seating, secure phones, catering, etc.; and (e) names of organizations or individuals responsible for reimbursement, including reimbursement for any non-mission-related travel and political travel. (3) Assist OAM with arrangements for international travel. g. Office of the General Counsel. The Office of the General Counsel has certain responsibilities regarding travel by special interest passengers, including approving their air travel. It is important to note that the Office of the General Counsel does not approve the aircraft itself but approves the travel of certain special interest passengers. The Office of the General Counsel (1) approves the travel of certain special interest passengers, (2) coordinates in a timely manner with OAM for approval of the Secretary's and other Headquarters officials' travel aboard Government aircraft when required, (3) ensures that the purpose of the proposed Secretarial travel meets the definition of official travel (as defined in paragraph 6k) for Government purposes, (4) coordinates with field offices regarding approval of travel for field personnel for which the approval of the Office of the General Counsel is required, (5) retains copies of travel approvals for at least 2 fiscal years after the current year for audit purposes, (6) approves the use of aircraft for required use travel, and (7) determines whether reimbursement to the Government is required for non- Federal travelers. h. Office of Aviation Management. (1) Supports the Office of the Secretary and other Headquarters offices, as requested, by assisting in determining appropriate aircraft resources to meet travel needs, planning specific trips, conducting safety analyses, conducting cost comparisons of available transportation modes, and procuring or arranging the procurement of necessary services. (2) Tasks the field or operations office to provide flight itinerary information if DOE fleet aircraft are to be used for travel. (3) Has authority for aircraft charter procurement to support Headquarters offices for a total cost not to exceed $25,000. (a) Coordinates the appropriate fund sites for charter aircraft services of less than $25,000 (preprocurement) with the Office of Management and Administration; requests reservations and obligation of funds; procures charters; and coordinates schedules, approvals, and services with the Office of Scheduling and Advance, the Office of the General Counsel, and the travel approving authority. (b) Coordinates any procurement in excess of $25,000 with the Headquarters Office of Procurement and Assistance Management. (4) If the source of travel services is foreign, OAM will coordinate the procurement with all relevant parties and the U.S. Embassy of the country(ies) involved. 6. DEFINITIONS. a. (Aircraft) Accident. An occurrence associated with the operation of an aircraft that takes place between the time any person boards the aircraft with the intention of flight and all such persons have disembarked and in which any person suffers death or serious injury or the aircraft receives substantial damage. b. Approved Commercial Aviation Services. A commercial aircraft service provider that has been reviewed by representatives of the Department and found to meet the safety and operational standards established by the Department for aviation operations. A list of approved commercial aircraft service providers may be found in the "Aircraft Charter Database" maintained by OAM. DOE fleet aircraft are included in this database; however, regularly scheduled domestic airlines are not reviewed by the Department and are not included in the database. c. Approving Official. An individual delegated the authority to approve planned official travel within an office or division and who determines that the travel is necessary and that funds are available. This person is also responsible for reviewing travel vouchers to ensure that the traveler performed the travel as authorized. d. Aviation Implementation Plan (AIP). A written document prepared to identify the programs, plans, practices, procedures, and other actions necessary to implement aviation operations in compliance with all applicable laws, regulations, Orders, and requirements and in a manner commensurate with the hazards associated with the particular workplace, including the schedules for implementing such actions to achieve compliance. The AIP may be in any form that is logical in its presentation, such as an aircraft operations manual. e. Charter Aircraft. An aircraft operated and maintained by a commercial aviation service provider that is hired by an executive Agency under a contractual agreement specifying performance and a one-time exclusive use. f. Commercial Aviation Services. Include the following: (1) aircraft leased for exclusive use for an agreed-upon period of fewer than 180 consecutive days; (2) aircraft chartered or rented for exclusive use; (3) full services (i.e., aircraft maintenance providers, aircraft, and related aviation services for exclusive use) contracted for or obtained through an inter-service support agreement (ISSA), regardless of the length of the contract or agreement; or (4) aviation services (i.e., services but not aircraft) obtained by commercial contract or ISSA, except those services acquired to support a fleet aircraft. g. Fleet Aircraft. An aircraft that an executive Agency (1) owns, bails, or borrows for any length of time; (2) operates under a lease/purchase agreement where the intent is to transfer title to the Federal Government; or (3) operates under a lease in lieu of ownership for an agreed-upon period of 180 or more days. h. Government Aircraft (Federal). Any aircraft owned, leased, chartered, or rented by an executive Agency other than a branch of the Armed Forces or an intelligence agency. i. (Aircraft) Incident. An occurrence associated with the operation of an aircraft, other than an accident, that affects or could affect the safety of operations. j. Mission Requirements. Activities that constitute the discharge of an Agency=s official responsibilities. Mission requirements do not include official travel to give speeches, attend conferences or meetings, or make routine site visits. k. Official Travel. Travel to meet (1) mission requirements, (2) required use travel, and (3) other travel for the conduct of agency business. l. Passenger. Any individual whose presence onboard a Government aircraft is not essential to the accomplishment of the governmental function or mission. m. Qualified Non-Crew-Member. An individual, other than a member of the flight crew, aboard an aircraft whose presence is required to perform, or is associated with the performance of, a governmental function. n. Remotely Piloted Aircraft (RPA). An RPA is an aircraft capable of flight beyond visual line of sight under remote or autonomous control for civil (non-Department of Defense) purposes. An RPA is not operated for sport or hobby and does not transport passengers or crew. o. Required Use Travel. Travel of an executive agency officer or employee for which the use of Government aircraft is required because of bona fide communications or security needs of the Agency or exceptional scheduling requirements. p. Senior Executive Branch Official. A subset of senior Federal officials that includes the Secretary, Assistant Secretaries, and any other Federal employee appointed by the President with the advice and consent of the Senate. q. Special Interest Passengers. Include senior Federal officials, members of their families, and non-Federal travelers on Government aircraft. Department contractors are specifically excluded from the special interest passenger category. Senior Federal officials are generally considered individuals that are employed at a rate of pay that exceeds that of GS/GM-15. Specifically, these persons include those that are (1) employed at rates of pay specified in or fixed according to Subchapter II of chapter 53 of Title 5 of the U.S. Code; (2) employed in positions in executive Agencies, including any independent Agency, at rates payable for level II of the Executive Schedule or any person employed in the Executive Office of the President at any rate of pay; (3) employed in positions in executive Agencies (other than positions subject to pay adjustment under Section 1009 of Title 37 of the U.S. Code) and for which the basic pay rates, exclusive of any locality-based pay adjustment under Section 5304 of Title 5 of the U.S. Code (or any comparable adjustment pursuant to interim authority of the President), are equal to or greater that the rate of basic pay payable for the Senior Executive Service under Section 5382 of Title 5 of the U.S. Code; or (4) appointed by the President to positions under Section 105(a)(2)(A), (B), or (C) of Title 3 of the U.S. Code. Generally, these are persons employed by the White House and executive Agencies, including independent Agencies, at rates of pay equal to or greater than the minimum rate of basic pay for the Senior Executive Service. Active duty military officers are exempted from this definition. r. Sponsoring Agency. A U.S. Government Agency with primary responsibility for the mission under which the travel was initiated. s. Unmanned Air Vehicle (UAV). A UAV is a small aircraft that must maintain visual line of sight with the operator and does not have autonomous control. A UAV is not operated for sport or hobby and does not transport passengers or crew. 7. CONTACT. Questions concerning this Order should be directed to DOE Headquarters OAM at 202-586-5532. SPENCER ABRAHAM Secretary of Energy CONTRACTOR REQUIREMENTS DOCUMENT DOE O 440.2A, AVIATION MANAGEMENT AND SAFETY This Contractor Requirements Document (CRD) establishes the requirements for Department of Energy (DOE) and National Nuclear Security Administration (NNSA) contractors awarded contracts for providing commercial aviation services or involving the operation and/or maintenance of fleet aircraft. Contractor compliance with this CRD will be required to the extent set forth in a contract. Contractors that operate and/or maintain fleet aircraft or otherwise provide commercial aviation services to the Department for the performance of governmental missions or passenger operations must do the following. 1. Ensure that aircraft in service to DOE are operated and maintained in accordance with the applicable parts of Title 14 Code of Federal Regulations and/or equivalent international standards appropriate to the operation and type of aircraft in service. 2. Ensure that all applicable parts of DOE O 440.2A, Aviation Management and Safety, are implemented. 3. Procure commercial aviation services or other subcontract aircraft services in accordance with approved DOE or NNSA procurement procedures, and ensure that the providers of such services comply with DOE O 440.2A and all other applicable laws, regulations, and standards. 4. Establish safe and effective policies and procedures for the conduct of aviation operations that have no directly applicable aviation standard (e.g., Unmanned Air Vehicle, Remotely Piloted Aircraft, or military aircraft research and development operations).