[Federal Register Volume 68, Number 119 (Friday, June 20, 2003)]
[Rules and Regulations]
[Pages 36902-36906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15643]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 61, 63, and 65

[Docket No. FAA-2003-15431; Special Federal Aviation Regulation No. 
100]
RIN 2120-AH98


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: Final rule; request for comments.

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

SUMMARY: The FAA is replacing an existing Special Federal Aviation 
Regulation (SFAR) with a new SFAR that allows Flight Standards District 
Offices (FSDO) to accept expired flight instructor certificates and 
inspection authorizations for renewals from U.S. military and civilian 
personnel who are assigned outside the United States in support of U.S. 
Armed Forces operations. This SFAR also allows FSDOs to accept expired 
airman written test reports for certain practical tests from U.S. 
military and civilian 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. military and civilian 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. military and civilian personnel who are assigned outside 
the United States in support of U.S. Armed Forces operations extra time 
to meet the certain eligibility requirements under the current rules.

DATES: This SFAR is effective June 20, 2003. We must receive comments 
on or before July 21, 2003. This SFAR expires June 20, 2005.

ADDRESSES: Mail your comments to the Public Docket Office, Department 
of Transportation, 400 Seventh Street, SW., Room PL-401, Washington, DC 
20590-0001. Or, send your comments through the Internet to http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: John Lynch, Certification Branch, AFS-
840, General Aviation and Commercial Division, Flight Standards 
Service, Federal Aviation Administration, 800 Independence Avenue, SW., 
Washington, DC 20591; telephone (202) 267-3844.

SUPPLEMENTARY INFORMATION:

Comments Are Welcome

    Under 14 CFR part 11, the FAA may issue a final rule with request 
for comments, which is a rule issued in final (with an effective date) 
that invites public comment on the rule. Although this action is a 
final rule and was not preceded by a notice of proposed rulemaking, we 
invite your comments on this SFAR. The most useful comments are those 
that are specific and related to issues raised by the SFAR, and that 
explain the reason for any recommended change. We specifically invite 
comments on the economic, environmental, energy, federalism, 
international trade, energy, and overall regulatory aspects of the SFAR 
that might suggest a need to modify it. Factual information that 
supports your ideas and suggestions is extremely helpful in evaluating 
the effectiveness of this action and determining whether additional 
rulemaking action is needed.
    To ensure consideration, you must identify the Rules Docket number 
in your comments, and you must send comments to one of the addresses 
specified under the ADDRESSES section of this preamble. We will 
consider all communications received on or before the closing date for 
comments, and we may amend or withdraw this SFAR in light of the 
comments received. All comments received will be available, both before 
and after the closing date for comments, in the Rules Docket for 
examination by interested persons. We will file in the Rules Docket a 
report that summarizes each public contact related to the substance of 
this rule.
    You may review the public docket containing comments on this SFAR 
in person in the Dockets Office between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays. The Dockets Office is on the 
plaza level of the Nassif Building at the Department of Transportation 
at the address specified in the ADDRESSES section. Also, you may review 
the public docket on the Internet at http://dms.dot.gov.
    If you want us to acknowledge receipt of your comments on this 
SFAR, you must include with your comments a self-addressed, stamped 
postcard on which you identify the Rules Docket number of this 
rulemaking. We will date-stamp the postcard and return it to you.

Availability of Rulemaking Documents

    You can get an electronic copy of this SFAR using the Internet 
through FAA's Web page at http://www.faa.gov/avr/arm/nprm/nprm.htm or 
through the Government Printing Office's Web page at http://www.access.gpo.gov/su_docs/aces/aces140.html.
    You can get a paper 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 docket number of this rulemaking.

Small Entity Inquiries

    The Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA) requires the FAA to report inquiries from small entities 
concerning information on, and advice about, compliance with statutes 
and regulations within the FAA's jurisdiction, including interpretation 
and application of the law to specific sets of facts supplied by a 
small entity. If your organization is a small entity and you have a 
question, contact your local FAA official. If you do not know how to 
contact your local FAA official, you may contact the FAA Office of 
Rulemaking, ARM-27, Federal Aviation Administration, 800 Independence 
Avenue, SW., Washington, DC 20591, telephone (888) 551-1594. Internet 
users can find additional information on SBREFA in the FAA's Web page 
at http://www.faa.gov/avr/arm/sbrefa.html. You may send inquiries to 
the following Internet address: [email protected].

Background

    As a result of the terrorist attacks of September 11, 2001, many 
U.S. military and civilian personnel were assigned outside the United 
States in support of

[[Page 36903]]

Operation Enduring Freedom. Because of the expected duration of these 
assignments, the FAA 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. The FAA believes it is unfair 
to penalize these military and civilian personnel in this manner. For 
this reason, we adopted a Special Federal Aviation Regulation to 
provide relief to a narrow range of individuals in a narrow set of 
circumstances. See SFAR 96--Relief for Participants in Operation 
Enduring Freedom in parts 61, 63, and 65 of title 14 of the Code of 
Federal Regulations (67 FR 30524, May 6, 2002).
    At the time the FAA adopted SFAR 96, we did not foresee the extent 
of the mobilization of U.S. Armed Forces around the world. SFAR 96 is 
aimed at providing relief to those who are mobilized in support of the 
war on terrorism. That war is ongoing. However, U.S. Armed Forces are 
engaged in activities, including the international effort to disarm 
Iraq, that have also resulted in overseas assignments for both military 
and civilian personnel. These personnel are in the same situation as 
those who are eligible for relief under SFAR 96. They are located away 
from the facilities and resources that would allow them to keep their 
credentials current. It would not be fair to extend relief to those who 
are fighting terrorism under Operation Enduring Freedom, but not to 
extend it to those who, although similarly situated, are not assigned 
to Enduring Freedom. Therefore, the FAA is superceding SFAR 96 with a 
new SFAR that applies to military and civilian personnel assigned 
overseas in support of any and all U.S. Armed Forces operations. Those 
who were eligible for relief under SFAR 96 would continue to be 
eligible for relief under this SFAR.
    The purpose of this SFAR is to respond to the needs of U.S. 
military and civilian personnel who are assigned outside the United 
States in support of U.S. Armed Forces operations. 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. The FAA determined that we should 
provide relief to those U.S. military and civilian personnel who are 
unable to comply with the regulatory time constraints of their flight 
instructor certificate, inspection authorization, or airman written 
test report as a result of their assignment outside the United States 
in support of U.S. Armed Forces operations. Under similar circumstances 
in the past, the FAA has taken similar action. During Operation Desert 
Shield/Desert Storm, the FAA issued SFAR No. 63 for this same purpose. 
See 56 FR 27160, June 12, 1991.
    As described below, this SFAR is narrowly focused on providing a 
reasonable amount of regulatory relief to a specific class of 
individuals while avoiding, to the extent possible and foreseeable, 
unintended adverse impacts on safety. For example, although the SFAR 
gives additional time for renewing a flight instructor certificate, the 
person will still have to meet the proficiency or experience 
requirements of 14 CFR 61.197 in order to re-qualify.

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 between September 11, 2001, and June 20, 2005. 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 between September 11, 2001, and 6 calendar months after returning 
to the United States, or by June 20, 2005, whichever date is earlier.

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.

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 June 20, 2005, 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 must 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

[[Page 36904]]

(see Sec.  65.93(a)(5)) within 6 months after returning to the United 
States from an assignment while 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, and June 20, 2005;
    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 between September 11, 2001, and June 20, 2005; 
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, and June 20, 2005.

Justification for Final Rule With Request for Comments

    Under the Administrative Procedure Act, 5 U.S.C. 553, agencies 
generally must publish regulations for public comment and give the 
public at least 30 days notice before adopting regulations. There is an 
exception to these requirements if the agency for ``good cause'' finds 
that notice and public procedure are impracticable, unnecessary, or 
contrary to the public interest. When we invoke the good cause'' 
exception, we have to publish a statement of our finding and the 
reasons for it.
    Under 14 CFR part 11, the FAA is issuing this SFAR as a final rule 
with request for comment. The FAA has determined that issuing a notice 
of proposed rulemaking (NPRM) is unnecessary. An NPRM is unnecessary 
because the agency does not anticipate any substantive comments. When 
the FAA issued SFAR No. 96 for Operation Enduring Freedom, we received 
no comments. The FAA will consider any comments that it receives on or 
before the closing date for comments, and may amend or withdraw this 
SFAR in light of the comments it receives. The FAA finds good cause to 
make this SFAR effective immediately upon publication. To make this 
SFAR effective 30 days after publication in the Federal Register would 
be contrary to the public interest. A delayed effective date could 
adversely affect the ability of airmen to get renewals in a timely 
fashion.

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 
determined that there are no ICAO Standards and Recommended Practices 
that relate to this SFAR.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995, 44 U.S.C. 
3507(d), the FAA has determined that there are no new requirements for 
information collection associated with this SFAR.

Economic Evaluation

    Proposed changes to Federal regulations must undergo several 
economic analyses. First, Executive Order 12866, Regulatory Planning 
and Review, directs that each Federal agency propose or adopt a 
regulation only upon 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 
requires agencies to consider international standards and, where 
appropriate, that they be 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, in any 
one year (adjusted for inflation).
    The Department of Transportation Order DOT 2100.5 prescribes 
policies and procedures for simplification, analysis, and review of 
regulations. If it is determined that the expected impact is so minimal 
that the regulation does not warrant a full evaluation, a statement to 
that effect and the basis for it is included in the preamble. The FAA 
has determined that the expected economic impact of this SFAR is so 
minimal that it does not warrant 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. Since benefits 
exceed costs, the FAA has determined that this SFAR is consistent with 
the objectives of Executive Order 12866.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) establishes ``as a 
principle of regulatory issuance that agencies shall endeavor, 
consistent with the objective of the rule and of applicable statutes, 
to fit regulatory and informational requirements to the scale of the 
business, organizations, and governmental jurisdictions subject to 
regulation.'' To achieve that principle, the Act requires agencies to 
solicit and consider flexible regulatory proposals and to explain the 
rationale for their actions. The Act covers a wide range of small 
entities, including small businesses, not-for-profit organizations and 
small governmental jurisdictions.
    Agencies must perform a review to determine whether a proposed or 
final rule will have a significant economic impact on a substantial 
number of small entities. If the determination is that it will, the 
agency must prepare a regulatory flexibility analysis as described in 
the Act.
    However, if an agency determines that a proposed or final rule is 
not expected to have a significant economic impact on a substantial 
number of small entities, section 605(b) of the RFA provides that the 
head of the agency may so certify and a regulatory flexibility analysis 
is not required. The certification must include a statement providing 
the factual basis for this determination, and the reasoning should be 
clear.
    This action imposes no costs on any small entities subject to this 
rule. Consequently, the FAA certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
We request comments from the public on this issue.

International Trade Impact Analysis

    The Trade Agreement Act of 1979 prohibits Federal agencies from 
engaging in any standards or related activities that create unnecessary 
obstacles to the foreign commerce of the United States. Legitimate 
domestic objectives, such as safety, are not

[[Page 36905]]

considered unnecessary obstacles. The statute also requires 
consideration of international standards and where appropriate, that 
they be the basis for U.S. standards. In accordance with the above 
statute, the FAA has assessed the potential effect of this final rule 
to be minimal and therefore has determined that this rule will not 
result in an impact on international trade by companies doing business 
in or with the United States.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (UMRA), enacted as Pub. L. 
104-4 on March 22, 1995, is intended, among other things, to curb the 
practice of imposing unfunded Federal mandates on State, local, and 
tribal governments. Title II of UMRA 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 a $100 
million or more expenditure (adjusted annually for inflation) 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.''
    This SFAR does not contain such a mandate. Therefore, the 
requirements of title II of UMRA do not apply.

Executive Order 13132, Federalism

    The FAA analyzed this final rule 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 national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. Therefore, we determined that this final rule does not have 
federalism implications.

Environmental Analysis

    FAA Order 1050.1D defines FAA actions that may be categorically 
excluded from preparation of a National Environmental Policy Act (NEPA) 
environmental impact statement. In accordance with FAA Order 1050.1D, 
appendix 4, paragraph 4(j) this rulemaking action qualifies for a 
categorical exclusion.

Energy Impact

    We have assessed the energy impact of this SFAR in accord with the 
Energy Policy and Conservation Act (EPCA), Pub. L. 94-163, as amended 
(42 U.S.C. 6362), and FAA Order 1053.1. The FAA has determined that 
this SFAR is not a major regulatory action under the provisions of the 
EPCA.

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 Rule

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.


0
2. Remove SFAR 96.

0
3. Add Special Federal Aviation Regulation (SFAR) No. 100 to read as 
follows:

SFAR No. 100--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 United States in support of the U.S. Armed Forces' 
operation during some period of time from September 11, 2001, to June 
20, 2005;
    (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 June 20, 2005, 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 June 
20, 2005, 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, 
and June 20, 2005;
    (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, and June 20, 2005; 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, and June 20, 2005.
    4. Expiration date. This Special Federal Aviation Regulation No. 
100 expires June 20, 2005, unless sooner superseded or rescinded.

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. app. 1354(a), 1355, 1421, 1422, and 1427; 
49 U.S.C. 106(g).

0
5. Remove SFAR 96.

0
6. Add Special Federal Aviation Regulation (SFAR) No. 100 by reference 
as follows:
    Special Federal Aviation Regulations
* * * * *

[[Page 36906]]

SFAR No. 100--Relief for U.S. Military and Civilian Personnel Who Are 
Assigned Outside the United States in Support of U.S. Armed Forces 
Operations

PART 65--CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS

0
7. 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.


0
8. Remove SFAR 96.

0
9. Add Special Federal Aviation Regulation (SFAR) No. 100 by reference 
as follows:
    Special Federal Aviation Regulations
* * * * *

SFAR No. 100--Relief for U.S. Military and Civilian Personnel Who Are 
Assigned Outside the United States in Support of U.S. Armed Forces 
Operations

    Issued in Washington, DC, on June 16, 2003.
Marion C. Blakey,
Administrator.
[FR Doc. 03-15643 Filed 6-19-03; 8:45 am]
BILLING CODE 4910-13-P