Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Rules and Regulations 9763 

of discovery, location(s) and extent of 

positive crack findings. Under the provisions 

of the Paperwork Reduction Act (44 U.S.C. 

3501 et seq.), the Office of Management and 

Budget (OMB) has approved the information 

collection requirements contained in this AD 

and has assigned OMB Control Number 

2120–0056. 

(1) If the inspection was done on or before 

the effective date of this AD: Send the report 

within 30 days after the effective date of this 

AD. 

(2) If the inspection was done after the 

effective date of this AD: Send the report 

within 30 days after the inspection is done. 

Alternative Methods of Compliance 

(AMOCs) 

(m)(1) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. Send information to ATTN: Ivan 

Li, Aerospace Engineer, Airframe Branch, 

ANM–120S, FAA, Seattle ACO, 1601 Lind 

Avenue, SW., Renton, Washington 98057– 

3356; telephone (425) 917–6437; fax (425) 

917–6590; Or, e-mail information to 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

Office. The AMOC approval letter must 

specifically reference this AD. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD, if it is approved by the 

Boeing Commercial Airplanes Organization 

Designation Authorization (ODA) that has 

been authorized by the Manager, Seattle 

ACO, to make those findings. For a repair 

method to be approved, the repair must meet 

the certification basis of the airplane, and the 

approval must specifically refer to this AD. 

Material Incorporated by Reference 

(n) You must use Boeing Alert Service 

Bulletin 747–51A2060, dated October 30, 

2008, to do the actions required by this AD, 

unless the AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; telephone 

206–544–5000, extension 1; fax 206–766– 

5680; e-mail me.boecom@boeing.com; 

Internet https://www.myboeingfleet.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221 or 425–227–1152. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on February 

11, 2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–3714 Filed 3–3–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 61, 63, and 65 

[Docket No.: FAA–2009–0923; Special 

Federal Aviation Regulation No. 100–2] 

RIN 2120–AJ54 

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: Direct final rule; request for 

comments. 

SUMMARY: The FAA is replacing Special 

Federal Aviation Regulation 100–1 

(SFAR 100–1), with SFAR 100–2 that 

continues to allow Flight Standards 

District Offices (FSDOs) to accept 

expired flight instructor certificates and 

inspection authorizations for renewals 

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. SFAR 100–2 also continues 

to allow FSDOs to accept expired 

airman written test reports for certain 

practical tests from 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 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 in 

support of U.S. Armed Forces 

operations. The effect of this action is to 

give U.S. personnel who are assigned 

outside the United States in support of 

U.S. Armed Forces operations extra time 

to meet certain eligibility requirements 

in the current rules. 

DATES: This final rule is effective June 

20, 2010. 

Submit comments on or before April 

5, 2010. 

ADDRESSES: You may send comments 

identified by Docket Number FAA– 

2009–0923 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

• Hand Delivery: Take comments to 

Docket Operations in Room W12–140 of 

the West Building Ground Floor at 1200 

New Jersey Avenue, SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

For more information on the 

rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Privacy: We will post all comments 

we receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. 

Using the search function of our docket 

Web site, anyone can find and read the 

comments received into any of our 

dockets, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78) or you may visit http:// 

DocketsInfo.dot.gov. 

Docket: To read background 

documents or comments received, go to 

http://www.regulations.gov at any time 

or to Docket Operations in Room W12– 

140 of the West Building Ground Floor 

at 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: R. 

Lance Nuckolls, AFS–810, General 

Aviation and Commercial Division, 

Flight Standards Service, Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone (202) 

267–8212. 

For legal questions about this SFAR, 

contact: Michael Chase, AGC–240, 

Office of Chief Counsel, Regulations 

Division, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone (202) 267–3110; e-mail to 

michael.chase@faa.gov. 


srobinson on DSKHWCL6B1PROD with RULES
9764 Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Rules and Regulations 

SUPPLEMENTARY INFORMATION: 

The Direct Final Rule Procedure 

Under 14 CFR 11.13 the FAA may 

issue a direct final rule with request for 

comments which is a rule issued in final 

(with an effective date) that invites 

public comment on the rule. The FAA 

is using the direct final rule procedure 

because this rule is not controversial, 

not expected to result in the receipt of 

an adverse comment, and a notice of 

proposed rulemaking (NPRM) is not 

necessary. SFAR 100–2 will continue to 

provide a limited amount of regulatory 

relief to certain U.S. personnel who are 

assigned outside the United States in 

support of U.S. Armed Forces 

operations. The FAA finds good cause 

for issuing this direct final rule as an 

exception to notice and comment 

rulemaking procedures. Unless a written 

adverse comment, or a written notice of 

intent to submit an adverse comment, is 

received within the comment period the 

regulation will become effective on June 

20, 2010. In previous issuances of this 

SFAR, we have received no comments. 

After the comment period closes, the 

FAA will publish a document in the 

Federal Register indicating that no 

adverse comments were received and 

confirming the date on which the SFAR 

will become effective. In the event that 

the FAA receives a timely adverse 

comment, or a written notice of intent 

to submit such a comment, the FAA will 

withdraw the direct final rule. An 

NPRM may be published with a new 

comment period. 

Comments Invited 

The FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. We also invite comments relating 

to the economic, environmental, energy, 

or federalism impacts that might result 

from adopting the proposals in this 

document. The most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. To ensure the docket 

does not contain duplicate comments, 

please send only one copy of written 

comments, or if you are filing comments 

electronically, please submit your 

comments only one time. 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning this proposed rulemaking. 

Before acting on this proposal, we will 

consider all comments we receive on or 

before the closing date for comments. 

We will consider comments filed after 

the comment period has closed if it is 

possible to do so without incurring 

expense or delay. We may change this 

proposal in light of the comments we 

receive. 

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 some of 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 

superseded SFAR 96 with SFAR 100 (68 

FR 36902, June 20, 2003) that applied to 

all military and civilian personnel 

assigned overseas in support of any and 

all U.S. Armed Forces operations. 

Additionally, the FAA further extended 

SFAR 100 with the issuance of SFAR 

100–1 (70 FR 37946–37949, June 30, 

2005) with an expiration date of June 

20, 2010. 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. 

SFAR 100–2 replaces SFAR 100–1. 

SFAR 100–2 is being issued without an 

expiration date and will remain in effect 

until further notice. This ensures these 

U.S. personnel assigned outside of the 

United States, who continue to preserve, 

protect and defend the American public, 

can obtain 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 

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. 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Rules and Regulations 9765 

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 termination of 

SFAR 100–2, 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 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 

§ 65.93(a)(4)) or submit to an oral test 

(See § 65.93(a)(5)) within 6 calendar 

months after returning to the United 

States from an assignment 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 to termination of 

SFAR 100–2; 

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 after September 

11, 2001 to termination of SFAR 100–2; 

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 to termination of 

SFAR 100–2. 

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. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3507(d)) requires that the 

FAA consider the impact of paperwork 

and other information collection 

burdens imposed on the public. We 

have determined that there is no new 

information collection requirement 

associated with this final rule. 

Regulatory Evaluation, Regulatory 

Flexibility Determination, International 

Trade Impact Assessment, and 

Unfunded Mandates Assessment 

Changes to Federal regulations must 

undergo several economic analyses. 

First, Executive Order 12866 directs 

each Federal agency to propose or adopt 

a regulation only after 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. 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 

annually (adjusted for inflation.) 

The Department of Transportation 

Order DOT 2100.5 prescribes policies 

and procedures for simplification, 

analysis, and review of regulations. If 

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 to be included in the preamble and a 

full regulatory 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. The 

expected outcome will have a minimal 

impact with positive net benefits, and a 

regulatory evaluation was not prepared. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

of 1980, 5 U.S.C. 601–612, directs the 

FAA to fit regulatory requirements to 

the scale of the business, organizations, 

and governmental jurisdictions subject 

to the regulation. We are required to 

determine whether a proposed or final 

action will have a ‘‘significant economic 

impact on a substantial number of small 

entities’’ as defined in the Act. If we find 

that the action will have such impacts, 

we must do a ‘‘regulatory flexibility 

analysis.’’ 

This SFAR replaces Special Federal 

Aviation Regulation 100–1 (SFAR 100– 

1), with SFAR 100–2 that continues to 

allow Flight Standards District Offices 

(FSDOs) to accept expired flight 

instructor certificates and inspection 

authorizations for renewals 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. SFAR 100–2 also 

continues to allow FSDOs to accept 

expired airman written test reports for 

certain practical tests from U.S. 

personnel who are assigned outside the 

United States in support of U.S. Armed 

Forces operations. Its economic impact 

is minimal. Therefore, we certify that 

this action will not have a significant 

economic impact on a substantial 

number of small entities. 

International Trade Assessment 

The Trade Agreements Act of 1979 

(Pub. L. 96–39), as amended by the 

Uruguay Round Agreements Act (Pub. 

L. 103–465), prohibits Federal agencies 

from establishing standards or engaging 

in related activities that create 


srobinson on DSKHWCL6B1PROD with RULES
9766 Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Rules and Regulations 

unnecessary obstacles to the foreign 

commerce of the United States. 

Pursuant to these Acts, the 

establishment of standards is not 

considered an unnecessary obstacle to 

the foreign commerce of the United 

States, so long as the standard has a 

legitimate domestic objective, such as 

protection of safety, and does not 

operate in a manner that excludes 

imports that meet this objective. The 

statute also requires consideration of 

international standards and, where 

appropriate, that they be the basis for 

U.S. standards. The FAA notes that this 

rule uses international standards as its 

basis and does not create unnecessary 

obstacles to the foreign commerce of the 

United States. 

Unfunded Mandates 

Title II of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4) 

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 (in 

1995 dollars) 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 

$136.1 million in lieu of $100 million. 

This final rule does not contain such 

a mandate. Therefore, the requirements 

of Title II of the Act do not apply. 

Executive Order 13132, Federalism 

The FAA has analyzed this SFAR 

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 

Federal Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. Therefore, it does 

not have federalism implications. 

Environmental Analysis 

FAA Order 1050.1E identifies FAA 

actions that are categorically excluded 

from preparation of an environmental 

assessment or environmental impact 

statement under the National 

Environmental Policy Act in the 

absence of extraordinary circumstances. 

The FAA has determined this 

rulemaking action qualifies for the 

categorical exclusion identified in 

paragraph 312f and involves no 

extraordinary circumstances. 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use 

The FAA has analyzed this SFAR 

under Executive Order 13211, Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use (May 18, 2001). We 

have determined that it is not a 

‘‘significant energy action’’ under the 

executive order because it is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866, and it is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. 

Availability of Rulemaking Documents 

You can get an electronic copy of 

rulemaking documents using the 

Internet by— 

1. Searching the Federal eRulemaking 

portal (http://www.regulations.gov); 

2. Visiting the FAA’s Regulations and 

Policies Web page at—http:// 

www.faa.gov/regulations_policies. 

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 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://DocketsInfo.dot.gov. 

Small Business Regulatory Enforcement 

Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996 requires FAA to comply with 

small entity requests for information or 

advice about compliance with statutes 

and regulations within its jurisdiction. 

Therefore, any small entity that has a 

question regarding this document may 

contact their local FAA official, or the 

person listed under FOR FURTHER

INFORMATION CONTACT. You can find out 

more about SBREFA on the Internet at 

our site— 

http://www.faa.gov/ 

regulations_policies/rulemaking/ 

sbre_act. 

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 Amendment 

■ 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 

■ 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. 

SFAR 100–1 [Removed] 

■ 2. Remove SFAR 100–1 from parts 61, 

63 and 65. 

■ 3. Add Special Federal Aviation 

Regulation (SFAR) No. 100–2 to parts 

61, 63 and 65 to read as follows: [The 

full text of the SFAR will appear in part 

61] 

SFAR No. 100–2—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 

§ 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 §§ 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 § 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 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Rules and Regulations 9767 

United States in support of the U.S. 

Armed Forces’ operation during some 

period of time from September 11, 2001, 

to termination of SFAR 100–2; 

(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 termination of SFAR 

100–2, whichever is earlier; and 

(c) The person complies with § 61.197 

or § 65.93 of this chapter, as 

appropriate, or completes the 

appropriate practical test within 6 

calendar months after returning to the 

United States, or upon termination of 

SFAR 100–2, 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, to termination of 

SFAR 100–2; 

(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, to termination of 

SFAR 100–2 ; 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, to termination of 

SFAR 100–2. 

4. Expiration date. This Special 

Federal Aviation Regulation No. 100–2 

is effective until further notice. 

PART 63—CERTIFICATION: FLIGHT 

CREWMEMBERS OTHER THAN 

PILOTS 

■ 4. 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. 

PART 65—CERTIFICATION: AIRMEN 

OTHER THAN FLIGHT 

CREWMEMBERS 

■ 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. 

Issued in Washington, DC, on February 22, 

2010. 

J. Randolph Babbitt, 

Administrator. 

[FR Doc. 2010–4580 Filed 3–3–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 333 

RIN 0910—AG00 

[Docket Nos. FDA–1981–N–0114 and FDA– 

1992–N–0049] (formerly Docket Nos. 

1981N–0114A and 1992N–0311) 

Classification of Benzoyl Peroxide as 

Safe and Effective and Revision of 

Labeling to Drug Facts Format; Topical 

Acne Drug Products for Over-TheCounter Human Use; Final Rule 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: We, the Food and Drug 

Administration (FDA), are issuing this 

final rule to include benzoyl peroxide as 

a generally recognized as safe and 

effective (GRASE) active ingredient in 

over-the-counter (OTC) topical acne 

drug products. In addition, this final 

rule includes new warnings and 

directions required for OTC acne drug 

products containing benzoyl peroxide. 

We are also revising labeling for OTC 

topical acne drug products containing 

resorcinol, resorcinol monoacetate, 

salicylic acid and/or sulfur to meet OTC 

drug labeling content and format 

requirements in a certain FDA 

regulation. This final rule is part of our 

ongoing review of OTC drug products 

and represents our conclusions on 

benzoyl peroxide in OTC acne drug 

products. 

DATES: Effective Date: This rule is 

effective on March 4, 2011. 

Compliance Date: The compliance 

date for products containing resorcinol, 

resorcinol monoacetate, salicylic acid, 

and/or sulfur subject to 21 CFR part 333 

is March 4, 2015. The compliance date 

for products containing benzoyl 

peroxide subject to 21 CFR part 333 

with annual sales less than $25,000 is 

March 2, 2012. The compliance date for 

products containing benzoyl peroxide 

subject to part 21 CFR part 333 with 

annual sales of $25,000 or more is 

March 4, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Matthew R. Holman, Center for Drug 

Evaluation and Research, Food and 

Drug Administration, 10903 New 

Hampshire Ave., Bldg. 22, MS 5411, 

Silver Spring, MD 20993, 301–796– 

2090. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Glossary 

II. Purpose of this Final Rule 

III. Past FDA Actions or Activities 

Related to this Final Rule 

IV. FDA’s Conclusions on Safety 

A. Genotoxicity 

B. Tumor Promotion With Chemical 

Initiation 

C. Tumor Promotion With Ultraviolet 

Initiation 

D. Carcinogenicity 

E. Photocarcinogenicity 

F. Epidemiological Data 

G. Overall Conclusion 

V. FDA’s Conclusions on Labeling 

A. Past FDA Requirements for 

Labeling 

B. Carton Labeling 

C. Consumer Package Insert 

D. Overall Conclusion 

VI. Analysis of Impacts 

A. Need for and Objectives of the Rule 

B. Number of Products Affected 

C. Cost to Relabel 

D. Benefits of This Rule 

E. Alternatives and Steps Taken to 

Minimize Impacts on Small Entities 

F. Impact on Small Business 

G. Summary of Analysis 

VII. Paperwork Reduction Act of 1995 

VIII. Environmental Impact 

IX. Federalism 

X. References 

I. Glossary 

• ANPR: Advance Notice of Proposed 

Rulemaking 

• CFR: Code of Federal Regulations 

• CHPA: Consumer Healthcare 

Products Association (formerly 

Nonprescription Drug 

Manufacturers Association) 

• Committee: Dermatologic Drugs 

Advisory Committee 

• FDA: Food and Drug 

Administration 

• FR: Federal Register 

• GRASE: Generally Recognized as 

Safe and Effective 

• NDA: New Drug Application—an 

application submitted to FDA to 

market a new drug under section 


srobinson on DSKHWCL6B1PROD with RULES