[Federal Register: June 30, 2005 (Volume 70, Number 125)]
[Rules and Regulations]
[Page 37945-37949]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jn05-25]
[[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
[[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
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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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