[Federal Register: June 20, 2003 (Volume 68, Number 119)]
[Rules and Regulations]
[Page 36902-36906]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jn03-4]
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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.
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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: http://www.faa.gov/avr/arm/sbrefa.html. You may send inquiries to
the following Internet address: 9-AWA-SBREFA@faa.gov.
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]
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