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Relief for Participants in Operation Enduring Freedom

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[Federal Register: May 6, 2002 (Volume 67, Number 87)]
[Rules and Regulations]
[Page 30523-30527]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06my02-8]

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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 61, 63, and 65
[Docket No. FAA-2002-12199; Special Federal Aviation Regulation No. 96]
RIN 2120-AH58
 
Relief for Participants in Operation Enduring Freedom

AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a Special Federal Aviation Regulation 
(SFAR) that allows Flight Standards District Offices (FSDO) to accept 
expired flight instructor certificates and inspection authorizations 
for renewals from civilian and military personnel who serve in 
Operation Enduring Freedom. Additionally, this SFAR allows FSDOs to 
accept expired airman written test reports from civilian and military 
personnel who serve in Operation Enduring Freedom. This action is 
necessary to avoid penalizing airmen who are unable to meet the 
regulatory time limits of their flight instructor certificate, 
inspection authorization, or airmen written test report solely because 
of their service in Operation Enduring Freedom. The effect of this 
action is to give these airmen extra time to meet certain eligibility 
requirements in the current rules.

DATES: This SFAR is effective May 6, 2002. We must receive comments on 
or before June 5, 2002. This SFAR expires May 6, 2004.

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. Exit Disclaimer

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:

Your 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 submit 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 submitted 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 Docket Office between 9:00 a.m. and 5:00 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. Exit Disclaimer
    If you want us to acknowledge receipt of your comments submitted in 
response to this rule, 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. Exit Disclaimer
    You can get a paper copy by submitting 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 don't 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: 9-AWA-SBREFA@faa.gov.

Background

    As a result of the events of September 11, 2001, many U.S. military 
and civilian personnel are serving and will serve in Operation Enduring 
Freedom. Some of these personnel are serving or will serve in locations 
outside the United States. Due to the length of these assignments, 
flight instructor certificates, inspection authorizations, and airman 
written test reports held by these individuals may expire before they 
return home. If so, these individuals would then have to undergo the 
process of reestablishing their qualifications. The FAA believes that 
it would be unfair to penalize in this way the men and women who are 
serving their country in Operation Enduring Freedom.
    The FAA has recently taken similar action in response to the 
terrorist acts of September 11. On October 12, 2001, we issued a final 
rule that extends the time allowed for 14 CFR part 121 and part 135 
check airmen (simulator), part 121 and part 135 flight instructors 
(simulator), part 121 aircraft dispatchers, and part 142 training 
center instructors, to meet certain qualification requirements, in-
flight line observation programs, or operating familiarization as part 
of their periodic qualifications (See 66 FR 52278).
    The purpose of this SFAR is to respond to the needs of civilian and 
military personnel who are serving overseas in support of Operation 
Enduring Freedom. Most of these

[[Page 30525]]

airmen will be located at military bases that are away from their 
normal training or work environment. There will be no FAA aviation 
safety inspectors, designed examiners, or FAA facilities readily 
available in the areas where these airmen are assigned. The FAA has 
determined that we should provide relief to those people 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 in support of Operation 
Enduring Freedom. 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 FR 27160, June 12, 
1991).
    As described below, the SFAR we are adopting today 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.

Who Is Affected by This SFAR?

    To be eligible for the relief provided by this SFAR, a person must 
meet two criteria, one relating to the person's assignment and one to 
the expiration of the person's certificate, authorization, or test 
report.

Assignment

    The person must have served in a civilian or military capacity in 
support of Operation Enduring Freedom outside the United States some 
time between September 11, 2001 and May 6, 2004. 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.'' The person must 
be able to show that he or she had the assignment by providing certain 
kinds of documents (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 May 6, 2004.

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 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) 
could apply for renewal of a flight instructor certificate under 14 CFR 
61.197. A person must not 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 6 calendar months 
after returning to the United States or May 6, 2004 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 
limit 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 while a person is assigned to 
Operation Enduring Freedom, 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 [See 
Sec. 65.93(a)(5)]
within 6 months after returning from Operation 
enduring Freedom.

Evidence of Participation in Operation Enduring Freedom

    Under this SFAR, 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 civilian on official duty 
for the U.S. Government in support of Operation Enduring Freedom 
outside the United States some time between September 11, 2001, and May 
6, 2004;
    2. Military orders showing the person was assigned to duty outside 
the United States in support of Operation Enduring Freedom some time 
between September 11, 2001, and May 6, 2004; or
    3. A letter from the person's unit commander or supervisor 
providing the dates during which the person served outside the United 
States in support of Operation Enduring Freedom some time between 
September 11, 2001, and May 6, 2004.

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 requirement 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 our regulations at 14 CFR part 11, we are issuing this SFAR 
as a final rule with request for comment. We have determined that 
issuing a notice of proposed rulemaking (NPRM) is unnecessary. An NPRM 
is unnecessary because we don't anticipate any substantive comments. 
When we issued SFAR No. 63 for Operation Desert Shield/Desert Storm, we 
received only two comments, both of which were favorable (See 56 FR 
27160, June 12, 1991). We will consider any comments that we receive on 
or before the closing date for comments, and we may amend or withdraw 
this SFAR in light of the comments we receive. We also find

[[Page 30526]]

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 doesn't warrant a full evaluation, a statement to 
the 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 doesn't 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 
isn't 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 
isn't 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; however, it does provide some unquantifiable benefits to some of 
them. consequently, the FAA certifies that the rule won't have a 
significant economic impact on a substantial number of small entities.

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, aren't 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 and policy, the FAA has 
assessed the potential effect of this final rule to be minimal and 
therefore has determined that this rule won't 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 Public 
Law 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 for 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 doesn't contain such a mandate. Therefore, the 
requirements of Title II of UMRA don't apply.

Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and 
criteria of Executive Order 13132, Federalism. We determined that this 
action won't 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 doesn't 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. We have determined that this 
SFAR isn't a major

[[Page 30527]]

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

    In consideration of the foregoing, the Federal Aviation 
Administration amends parts 61, 63, and 65 of Title 14 of the Code of 
Federal Regulations as follows:

PART 61--CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND 
INSTRUCTIONS

    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.

    2. Add Special Federal Aviation Regulation (SFAR) No. 96 to read as 
follows:

SFAR No. 96--Relief for Participants in Operation Enduring Freedom

    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 
Secs. 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 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 civilian or military capacity in support 
of Operation Enduring Freedom outside the United States during some 
period of time from September, 11, 2001, to May 6, 2004;
    (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 May 6, 2004, 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 May 
6, 2004, whichever is earlier.
    3. Required documents. The person must present in person 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 in support of Operation Enduring Freedom 
outside the United States some time between September 11, 2001, and May 
6, 2004;
    (6) Military orders showing the person was assigned to duty outside 
the United States in support of Operation Enduring Freedom some time 
between September 11, 2001, and May 6, 2004;
    (c) A letter from the person's unit commander or supervisor 
providing the dates during which the person served outside the United 
States in support of Operation Enduring Freedom some time between 
September 11, 2001, and May 6, 2004.
    4. Expiration date. This Special Federal Aviation Regulation No. 96 
expires May 6, 2004, unless sooner superseded or rescinded.

PART 63--CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS

    3. The authority citation for part 63 continues to read as follow:

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

    4. Add Special Federal Aviation Regulation (SFAR) No. 96 by 
reference as follows:

Special Federal Aviation Regulations

* * * * *

Special Federal Aviation Regulation No. 96--Relief for Participants 
in Operation Enduring Freedom

PART 65--CERTIFICATION: AIRMAN OTHER THAN FLIGHT

    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.

    6. Add Special Federal Aviation Regulation (SFAR) No. 96 by 
reference as follows:

Special Federal Aviation Regulation No. 96--Relief for Participants 
in Operation Enduring Freedom

    Issued in Washington, DC, on April 29, 2002.
Jane F. Garvey,
Administrator.
[FR Doc. 02-10944 Filed 5-3-02; 8:45 am]
BILLING CODE 4910-13-M

 
 

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