
[Federal Register: March 4, 2010 (Volume 75, Number 42)]
[Rules and Regulations]               
[Page 9763-9767]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04mr10-4]                         

-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 michael.chase@faa.gov.

[[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]
BILLING CODE 4910-13-P

