[Federal Register Volume 70, Number 125 (Thursday, June 30, 2005)]
[Rules and Regulations]
[Pages 37946-37949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12930]



[[Page 37945]]

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Part IV





Department of Transportation





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Federal Aviation Administration



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14 CFR Parts 61, 63, and 65



Relief for U.S. Military and Civilian Personnel Who Are Assigned 
Outside the United States in Support of U.S. Armed Forces Operations; 
Final Rule

  Federal Register / Vol. 70, No. 125 / Thursday, June 30, 2005 / Rules 
and Regulations  

[[Page 37946]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 61, 63, and 65

[Docket No. FAA-2005-15431; Special Federal Aviation Regulation No. 
100-1]
RIN 2120-AI62


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.

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SUMMARY: This final rule replaces Special Federal Aviation Regulation 
100 (SFAR 100). SFAR 100 allowed Flight Standards District Offices 
(FSDO) to accept expired flight instructor certificates, expired 
inspection authorizations for renewals, and expired airman written test 
reports for certain practical tests 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. This action is necessary to 
avoid penalizing these 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. The effect of this action is to 
give these U.S. personnel extra time to meet the eligibility 
requirements under the current rules.

DATES: This final rule is effective June 30, 2005 through June 20, 
2010.

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:

Availability of Rulemaking Documents

    You can get an electronic copy using the Internet by:
    (1) Searching the Department of Transportation's electronic Docket 
Management System (DMS) Web page (http://dms.dot.gov/search);
    (2) Visiting the Office of Rulemaking's Web page at http://www.faa.gov/avr/arm/index.cfm; or
    (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 number 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://dms.dot.gov.

Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requiresFAA to comply with small entity requests for information 
or advice about compliance with statutes and regulations within its 
jurisdiction. If you are a small entity and you have a question 
regarding this document, you may contact its local FAA official, or the 
person listed under FOR FURTHER INFORMATION CONTACT. You can find out 
more about SBREFA on the Internet at http://www.faa.gov/avr/arm/sbrefa.cfm.

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 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 superceded SFAR 96 
with SFAR 100 (68 FR 36902, June 20, 2003) that applies to all military 
and civilian personnel assigned overseas in support of any and all 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.
    This rule does the following:
     Replaces SFAR 100, which expired on June 20, 2005; and
     Ensures U.S. military and civilian personnel, who continue 
to preserve, protect and defend the American public, between September 
11, 2001, through June 20,2010, can attain 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

[[Page 37947]]

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.

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 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, through June 20, 2010;
    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, through June 20, 
2010; 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, through June 20, 2010.

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.

Economic Assessment, Regulatory Flexibility Determination, Trade Impact 
Assessment, and Unfunded Mandates Assessment

    Proposed changes to Federal regulations must undergo several 
economic analyses. First, Executive Order 12866 directs each Federal 
agency to 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 also requires agencies to consider 
international standards and, where appropriate, use them as the basis 
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4) 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 it is determined that 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 be included in 
the preamble and a full regulatory evaluation cost benefit 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. 
Since this final rule merely revises and clarifies FAA rulemaking 
procedures, the expected outcome will have a minimal impact with 
positive net benefits, and a regulatory evaluation was not prepared.

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 RFA requires agencies to 
solicit and consider flexible regulatory proposals and to explain the 
rationale for their actions. The RFA 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 rule will 
have a significant economic impact on a

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substantial number of small entities. If the agency determines that it 
will, the agency must prepare a regulatory flexibility analysis as 
described in the RFA.
    However, if an agency determines that a 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 entities.

Trade Impact Analysis

    The Trade Agreements Act of 1979 prohibits Federal agencies from 
establishing any standards or engaging in related activities that 
create unnecessary obstacles to the foreign commerce of the United 
States. Legitimate domestic objectives, such as safety, are not 
considered unnecessary obstacles. The statute also requires 
consideration of international standards and, where appropriate, that 
they be the basis for U.S. standards. The FAA has assessed the 
potential effect of this final rule and determined that it will not 
have no impact on international trade by companies doing business in or 
with the United States.

Unfunded Mandates Assessment

    The Unfunded Mandates Reform Act of 1995 (the Act) is intended, 
among other things, to curb the practice of imposing unfunded Federal 
mandates on State, local, and tribal governments. Title II of the Act 
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 (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.'' The FAA currently 
uses an inflation-adjusted value of $120.7 million in lieu of $100 
million.
    This final rule does not contain such a mandate. The requirements 
of Title II do not apply.

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.

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. Add Special Federal Aviation Regulation (SFAR) No. 100-1 to read as 
follows:

SFAR No. 100-1--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, through 
June 20, 2010;
    (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, 2010, 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, 2010, 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

[[Page 37949]]

Forces' operation some time between September 11, 2001, through June 
20, 2010;
    (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 through June 20, 2010; 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 through June 20, 2010.
    4. Expiration date. This Special Federal Aviation Regulation 
No.100-1 expires June 20, 2010, unless sooner superseded or rescinded.

PART 63--CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS

0
3. 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.

0
4. Add Special Federal Aviation Regulation (SFAR) No. 100-1 by 
reference as follows:
Special Federal Aviation Regulations
* * * * *

SFAR No. 100-1--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
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.

0
6. Add Special Federal Aviation Regulation (SFAR) No. 100-1 by 
reference as follows:
Special Federal Aviation Regulations
* * * * *

SFAR No. 100-1--Relief for U.S. Military and Civilian Personnel Who 
aare Assigned Outside the United States in Support of U.S. Armed Forces 
Operations

    Issued in Washington, DC, on June 24, 2005.
Marion C. Blakey,
Administrator.
[FR Doc. 05-12930 Filed 6-29-05; 8:45 am]
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