[Federal Register Volume 75, Number 42 (Thursday, March 4, 2010)]
[Rules and Regulations]
[Pages 9763-9767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4580]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 61, 63, and 65
[Docket No.: FAA-2009-0923; Special Federal Aviation Regulation No.
100-2]
RIN 2120-AJ54
Relief for U.S. Military and Civilian Personnel Who Are Assigned
Outside the United States in Support of U.S. Armed Forces Operations
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Direct final rule; request for comments.
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SUMMARY: The FAA is replacing Special Federal Aviation Regulation 100-1
(SFAR 100-1), with SFAR 100-2 that continues to allow Flight Standards
District Offices (FSDOs) to accept expired flight instructor
certificates and inspection authorizations for renewals from U.S.
military and civilian personnel (U.S. personnel) who are assigned
outside the United States in support of U.S. Armed Forces operations.
SFAR 100-2 also continues to allow FSDOs to accept expired airman
written test reports for certain practical tests from U.S. personnel
who are assigned outside the United States in support of U.S. Armed
Forces operations. This action is necessary to avoid penalizing U.S.
personnel who are unable to meet the regulatory time limits of their
flight instructor certificate, inspection authorization, or airman
written test report because they are serving outside the United States
in support of U.S. Armed Forces operations. The effect of this action
is to give U.S. personnel who are assigned outside the United States in
support of U.S. Armed Forces operations extra time to meet certain
eligibility requirements in the current rules.
DATES: This final rule is effective June 20, 2010.
Submit comments on or before April 5, 2010.
ADDRESSES: You may send comments identified by Docket Number FAA-2009-
0923 using any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
Mail: Send comments to Docket Operations, U.S. Department
of Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590.
Fax: Fax comments to Docket Operations at 202-493-2251.
Hand Delivery: Take comments to Docket Operations in Room
W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue,
SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
For more information on the rulemaking process, see the
SUPPLEMENTARY INFORMATION section of this document.
Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78) or you may visit http://DocketsInfo.dot.gov.
Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to Docket Operations in Room
W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue,
SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: R. Lance Nuckolls, AFS-810, General
Aviation and Commercial Division, Flight Standards Service, Federal
Aviation Administration, 800 Independence Avenue, SW., Washington, DC
20591; telephone (202) 267-8212.
For legal questions about this SFAR, contact: Michael Chase, AGC-
240, Office of Chief Counsel, Regulations Division, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone (202) 267-3110; e-mail to [email protected].
[[Page 9764]]
SUPPLEMENTARY INFORMATION:
The Direct Final Rule Procedure
Under 14 CFR 11.13 the FAA may issue a direct final rule with
request for comments which is a rule issued in final (with an effective
date) that invites public comment on the rule. The FAA is using the
direct final rule procedure because this rule is not controversial, not
expected to result in the receipt of an adverse comment, and a notice
of proposed rulemaking (NPRM) is not necessary. SFAR 100-2 will
continue to provide a limited amount of regulatory relief to certain
U.S. personnel who are assigned outside the United States in support of
U.S. Armed Forces operations. The FAA finds good cause for issuing this
direct final rule as an exception to notice and comment rulemaking
procedures. Unless a written adverse comment, or a written notice of
intent to submit an adverse comment, is received within the comment
period the regulation will become effective on June 20, 2010. In
previous issuances of this SFAR, we have received no comments.
After the comment period closes, the FAA will publish a document in
the Federal Register indicating that no adverse comments were received
and confirming the date on which the SFAR will become effective. In the
event that the FAA receives a timely adverse comment, or a written
notice of intent to submit such a comment, the FAA will withdraw the
direct final rule. An NPRM may be published with a new comment period.
Comments Invited
The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. We also
invite comments relating to the economic, environmental, energy, or
federalism impacts that might result from adopting the proposals in
this document. The most helpful comments reference a specific portion
of the proposal, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, please send only one copy of written comments, or
if you are filing comments electronically, please submit your comments
only one time.
We will file in the docket all comments we receive, as well as a
report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.
Background
Currently, the U.S. Armed Forces are engaged in activities that
have resulted in overseas assignments for both military and civilian
personnel. Because of the unexpected duration of these assignments, the
FAA has determined that the flight instructor certificates, inspection
authorizations, and airman written test reports held by some U.S.
military and civilian personnel may expire before they return to the
United States. If so, these individuals would have to reestablish their
qualifications. We believe it is unfair to penalize these military and
civilian personnel in this manner. Therefore, the FAA has determined
that we should provide relief to these U.S. personnel who are unable to
comply with some of the regulatory time constraints as a result of
their assignment outside the United States in support of U.S. Armed
Forces operations.
Previous Regulatory Action
After the terrorist attacks of September 11, 2001, many U.S.
military and civilian personnel were assigned outside the United States
in support of Operation Enduring Freedom. For this reason, we adopted
SFAR 96 to provide relief to a narrow range of individuals in a narrow
set of circumstances. (67 FR 30524, May 6, 2002). As a result of the
continuing conflicts, the FAA superseded SFAR 96 with SFAR 100 (68 FR
36902, June 20, 2003) that applied to all military and civilian
personnel assigned overseas in support of any and all U.S. Armed Forces
operations. Additionally, the FAA further extended SFAR 100 with the
issuance of SFAR 100-1 (70 FR 37946-37949, June 30, 2005) with an
expiration date of June 20, 2010. Most of these U.S. military and
civilian personnel are or will be located at military bases that are
away from their normal training or work environment. There are no FAA
aviation safety inspectors, designated examiners, or FAA facilities
readily available in the areas where these U.S. military and civilian
personnel are assigned.
SFAR 100-2 replaces SFAR 100-1. SFAR 100-2 is being issued without
an expiration date and will remain in effect until further notice. This
ensures these U.S. personnel assigned outside of the United States, who
continue to preserve, protect and defend the American public, can
obtain additional time for renewal of their flight instructor
certificates, inspection authorizations, and airman written test
reports.
Who is affected by this SFAR?
To be eligible for the relief provided by this SFAR, a person must
meet two criteria--one related to the person's assignment and the
second related to the expiration of the person's certificate,
authorization, or test report.
Assignment. The person must have served in a civilian or military
capacity outside the United States in support of U.S. Armed Forces
operations some time on or after September 11, 2001. The term ``United
States'' is defined under 14 CFR 1.1 and means ``the States, the
District of Columbia, Puerto Rico, and the possessions, including the
territorial waters and the airspace of those areas.'' ``In support of
U.S. Armed Forces operations'' means an assignment that supports
operations being conducted by our U.S. Army, Navy, Air Force, Marine
Corps, and Coast Guard, including their regular and reserve components.
Members serving without component status are also covered. A person
seeking relief under this SFAR must be able to show that he or she had
an assignment as described above by providing appropriate documentation
that is described below.
Expiration. The person's flight instructor certificate, inspection
authorization, or airman written test report must have expired some
time on or after September 11, 2001.
Renewing a Flight Instructor Certificate
The FAA regulations governing flight instructor certificates
provide that they expire 24 calendar months after the month of
issuance. The regulations also provide that a flight instructor may
renew his or her certificate before it expires, but if it expires, the
flight instructor must get a new certificate. If you are interested in
the details of how to get or renew a flight instructor certificate,
please see 14 CFR 61.197 and 61.199.
This SFAR changes the existing regulations for a certain class of
individuals by allowing FAA Flight Standards District Offices to accept
for a limited amount of time an expired flight instructor certificate
for the purpose of renewing the certificate. Therefore, a person who
can show the kind of evidence required by this SFAR (described below)
can apply for renewal of a flight instructor certificate under 14 CFR
61.197. A person cannot exercise the privileges of a flight instructor
certificate if it has expired, but the person can renew the flight
instructor certificate under the limited circumstances described in
this SFAR.
[[Page 9765]]
Airman Written Test Reports of Parts 61, 63, and 65
Generally, FAA regulations give airmen a limited amount of time to
take a practical test after passing a knowledge test. For example, 14
CFR 61.39(a)(1) gives a person 24 calendar months. This SFAR permits an
extension of the expiration date of the airman written test reports of
parts 61, 63, and 65. The extension can be for up to six calendar
months after returning to the United States or termination of SFAR 100-
2, whichever date is earlier.
Renewing an Inspection Authorization
Under 14 CFR 65.92, an inspection authorization expires on March 31
of each year. Under 14 CFR 65.93, a person can renew an inspection
authorization for an additional 12 calendar months by presenting
certain evidence to the FAA during the month of March. This SFAR
changes the existing regulations for individuals eligible under this
SFAR by allowing FAA Flight Standards District Offices to accept for a
limited amount of time an expired inspection authorization for the
purpose of renewing the authorization. Therefore, a person who can show
the kind of evidence required by this SFAR (described below) can apply
for renewal of an inspection authorization under 14 CFR 65.93. If an
inspection authorization expires, the person may not exercise the
privileges of the authorization until that person renews the
authorization. In this case, to meet the renewal requirements the
person must attend a refresher course (see Sec. 65.93(a)(4)) or submit
to an oral test (See Sec. 65.93(a)(5)) within 6 calendar months after
returning to the United States from an assignment outside the United
States in support of U.S. Armed Forces operations.
Evidence of an Assignment Outside the United States in Support of U.S.
Armed Forces Operations
A person must show one of the following kinds of evidence to
establish that the person is eligible for the relief provided by this
SFAR:
1. An official U.S. Government notification of personnel action, or
equivalent document, showing the person was a U.S. civilian on official
duty for the U.S. Government and was assigned outside the United States
in support of U.S. Armed Forces operations at some time between
September 11, 2001 to termination of SFAR 100-2;
2. An official military order that shows the person was assigned to
military duty outside the United States in support of U.S. Armed Forces
operations at some time after September 11, 2001 to termination of SFAR
100-2; or
3. A letter from the person's military commander or civilian
supervisor providing the dates during which the person served outside
the United States in support of U.S. Armed Forces operations at some
time between September 11, 2001 to termination of SFAR 100-2.
International Compatibility
In keeping with U.S obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
determined that there are no ICAO Standards and Recommended Practices
that correspond to these regulations.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. We have determined that there
is no new information collection requirement associated with this final
rule.
Regulatory Evaluation, Regulatory Flexibility Determination,
International Trade Impact Assessment, and Unfunded Mandates Assessment
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs each Federal agency to
propose or adopt a regulation only after a reasoned determination that
the benefits of the intended regulation justify its costs. Second, the
Regulatory Flexibility Act of 1980 requires agencies to analyze the
economic impact of regulatory changes on small entities. Third, the
Trade Agreements Act (19 U.S.C. 2531-2533) prohibits agencies from
setting standards that create unnecessary obstacles to the foreign
commerce of the United States. In developing U.S. standards, this Trade
Act also requires agencies to consider international standards and,
where appropriate, use them as the basis of U.S. standards. And fourth,
the Unfunded Mandates Reform Act of 1995 requires agencies to prepare a
written assessment of the costs, benefits and other effects of proposed
or final rules that include a Federal mandate likely to result in the
expenditure by State, local or tribal governments, in the aggregate, or
by the private sector, of $100 million or more annually (adjusted for
inflation.)
The Department of Transportation Order DOT 2100.5 prescribes
policies and procedures for simplification, analysis, and review of
regulations. If the expected cost impact is so minimal that a proposal
does not warrant a full evaluation, this order permits a statement to
that effect and the basis for it to be included in the preamble and a
full regulatory evaluation need not be prepared. Such a determination
has been made for this rule. The reasoning for that determination
follows.
The FAA has determined that the expected economic impact of this
final rule is so minimal that it does not need a full regulatory
evaluation. This action imposes no costs on operators subject to this
rule; however, it does provide some unquantifiable benefits to some who
would avoid the costs of having to reestablish expired credentials. The
expected outcome will have a minimal impact with positive net benefits,
and a regulatory evaluation was not prepared.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) of 1980, 5 U.S.C. 601-612,
directs the FAA to fit regulatory requirements to the scale of the
business, organizations, and governmental jurisdictions subject to the
regulation. We are required to determine whether a proposed or final
action will have a ``significant economic impact on a substantial
number of small entities'' as defined in the Act. If we find that the
action will have such impacts, we must do a ``regulatory flexibility
analysis.''
This SFAR replaces Special Federal Aviation Regulation 100-1 (SFAR
100-1), with SFAR 100-2 that continues to allow Flight Standards
District Offices (FSDOs) to accept expired flight instructor
certificates and inspection authorizations for renewals from U.S.
military and civilian personnel (U.S. personnel) who are assigned
outside the United States in support of U.S. Armed Forces operations.
SFAR 100-2 also continues to allow FSDOs to accept expired airman
written test reports for certain practical tests from U.S. personnel
who are assigned outside the United States in support of U.S. Armed
Forces operations. Its economic impact is minimal. Therefore, we
certify that this action will not have a significant economic impact on
a substantial number of small entities.
International Trade Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create
[[Page 9766]]
unnecessary obstacles to the foreign commerce of the United States.
Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as protection of safety, and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards. The FAA notes
that this rule uses international standards as its basis and does not
create unnecessary obstacles to the foreign commerce of the United
States.
Unfunded Mandates
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(in 1995 dollars) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action''. The FAA currently
uses an inflation-adjusted value of $136.1 million in lieu of $100
million.
This final rule does not contain such a mandate. Therefore, the
requirements of Title II of the Act do not apply.
Executive Order 13132, Federalism
The FAA has analyzed this SFAR under the principles and criteria of
Executive Order 13132, Federalism. We determined that this action will
not have a substantial direct effect on the States, or the relationship
between the Federal Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
Therefore, it does not have federalism implications.
Environmental Analysis
FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in paragraph 312f and involves no extraordinary
circumstances.
Regulations That Significantly Affect Energy Supply, Distribution, or
Use
The FAA has analyzed this SFAR under Executive Order 13211, Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). We have determined that it is not
a ``significant energy action'' under the executive order because it is
not a ``significant regulatory action'' under Executive Order 12866,
and it is not likely to have a significant adverse effect on the
supply, distribution, or use of energy.
Availability of Rulemaking Documents
You can get an electronic copy of rulemaking documents using the
Internet by--
1. Searching the Federal eRulemaking portal (http://www.regulations.gov);
2. Visiting the FAA's Regulations and Policies Web page at--http://www.faa.gov/regulations_policies.
3. Accessing the Government Printing Office's Web page at--http://www.gpoaccess.gov/fr/index.html.
You can also get a copy by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling (202) 267-9680. Make
sure to identify the amendment or docket number of this rulemaking.
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://DocketsInfo.dot.gov.
Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. Therefore, any small entity that has a question regarding
this document may contact their local FAA official, or the person
listed under FOR FURTHER INFORMATION CONTACT. You can find out more
about SBREFA on the Internet at our site--
http://www.faa.gov/regulations_policies/rulemaking/sbre_act.
List of Subjects
14 CFR Part 61
Aircraft, Aircraft pilots, Airmen, Airplanes, Air safety, Air
transportation, Aviation safety, Balloons, Helicopters, Rotorcraft,
Students.
14 CFR Part 63
Air safety, Air transportation, Airman, Aviation safety, Safety,
Transportation.
14 CFR Part 65
Airman, Aviation safety, Air transportation, Aircraft.
The Amendment
0
In consideration of the foregoing, the Federal Aviation Administration
amends parts 61, 63, and 65 of Title 14 Code of Federal Regulations as
follows:
PART 61--CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND
INSTRUCTORS
0
1. The authority citation for part 61 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.
SFAR 100-1 [Removed]
0
2. Remove SFAR 100-1 from parts 61, 63 and 65.
0
3. Add Special Federal Aviation Regulation (SFAR) No. 100-2 to parts
61, 63 and 65 to read as follows: [The full text of the SFAR will
appear in part 61]
SFAR No. 100-2--Relief for U.S. Military and Civilian Personnel Who are
Assigned Outside the United States in Support of U.S. Armed Forces
Operations
1. Applicability. Flight Standards District Offices are authorized
to accept from an eligible person, as described in paragraph 2 of this
SFAR, the following:
(a) An expired flight instructor certificate to show eligibility
for renewal of a flight instructor certificate under Sec. 61.197, or
an expired written test report to show eligibility under part 61 to
take a practical test;
(b) An expired written test report to show eligibility under
Sec. Sec. 63.33 and 63.57 to take a practical test; and
(c) An expired written test report to show eligibility to take a
practical test required under part 65 or an expired inspection
authorization to show eligibility for renewal under Sec. 65.93.
2. Eligibility. A person is eligible for the relief described in
paragraph 1 of this SFAR if:
(a) The person served in a U.S. military or civilian capacity
outside the
[[Page 9767]]
United States in support of the U.S. Armed Forces' operation during
some period of time from September 11, 2001, to termination of SFAR
100-2;
(b) The person's flight instructor certificate, airman written test
report, or inspection authorization expired some time between September
11, 2001, and 6 calendar months after returning to the United States or
termination of SFAR 100-2, whichever is earlier; and
(c) The person complies with Sec. 61.197 or Sec. 65.93 of this
chapter, as appropriate, or completes the appropriate practical test
within 6 calendar months after returning to the United States, or upon
termination of SFAR 100-2, whichever is earlier.
3. Required documents. The person must send the Airman Certificate
and/or Rating Application (FAA Form 8710-1) to the appropriate Flight
Standards District Office. The person must include with the application
one of the following documents, which must show the date of assignment
outside the United States and the date of return to the United States:
(a) An official U.S. Government notification of personnel action,
or equivalent document, showing the person was a civilian on official
duty for the U.S. Government outside the United States and was assigned
to a U.S. Armed Forces' operation some time between September 11, 2001,
to termination of SFAR 100-2;
(b) Military orders showing the person was assigned to duty outside
the United States and was assigned to a U.S. Armed Forces' operation
some time between September 11, 2001, to termination of SFAR 100-2 ; or
(c) A letter from the person's military commander or civilian
supervisor providing the dates during which the person served outside
the United States and was assigned to a U.S. Armed Forces' operation
some time between September 11, 2001, to termination of SFAR 100-2.
4. Expiration date. This Special Federal Aviation Regulation No.
100-2 is effective until further notice.
PART 63--CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS
0
4. The authority citation for part 63 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.
PART 65--CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS
0
5. The authority citation for part 65 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.
Issued in Washington, DC, on February 22, 2010.
J. Randolph Babbitt,
Administrator.
[FR Doc. 2010-4580 Filed 3-3-10; 8:45 am]
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