19878 Federal Register / Vol. 75, No. 73 / Friday, April 16, 2010 / Rules and Regulations 

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. 

The FAA received no comments on 

Relief for U.S. Military and Civilian 

Personnel Who Are Assigned Outside 

the United States in Support of U.S. 

Armed Forces Operations direct final 

rule. 

Availability of Docket 

The complete docket for the direct 

final rule entitled Relief for U.S. 

Military and Civilian Personnel Who 

Are Assigned Outside the United States 

in Support of U.S. Armed Forces 

Operations, Docket No. FAA–2009–0923 

may be examined at http:// 

www.regulations.gov at any time or go 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. 

Conclusion 

In consideration that no comments 

were submitted in response to the direct 

final rule, the FAA has determined that 

no further rulemaking action is 

necessary. SFAR 100–2 remains in effect 

as adopted. 

Issued in Washington, DC, on April 12, 

2010. 

Pamela Hamilton-Powell, 

Director of Rulemaking, ARM–1. 

[FR Doc. 2010–8696 Filed 4–15–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 279 

[Docket ID DOD–2009–OS–0141; RIN 0790– 

AI59] 

Retroactive Stop Loss Special Pay 

Compensation 

AGENCY: Office of the Under Secretary of 

Defense for Personnel and Readiness, 

DoD. 

ACTION: Final rule. 

SUMMARY: This rule provides for 

Retroactive Stop Loss Special Pay as 

authorized and appropriated in The 

Supplemental Appropriations Act, 

2009. This program is of short duration, 

from October 21, 2009, to October 21, 

2010. The last day for submission of 

claims to the Secretaries of the Military 

Departments for Retroactive Stop Loss 

Special Pay is October 21, 2010. The 

Secretaries concerned are not 

authorized to make payments on claims 

submitted after October 21, 2010. 

DATES: This rule is effective October 21, 

2009, to comply with section 310 of 

Public Law 111–32 that calls for the 

Secretary of Defense to issue a rule not 

later than 120 days from the date of 

enactment of the Act. The change of 

eligibility for Retroactive Stop Loss 

Special Pay is effective on December 19, 

2009, the enactment date of the 2010 

Department of Defense Appropriations 

Act. 

FOR FURTHER INFORMATION CONTACT: LTC 

Brigitte Williams, (703) 614–3973. 

SUPPLEMENTARY INFORMATION: This 

action provides for Retroactive Stop 

Loss Special Pay as authorized and 

appropriated in The Supplemental 

Appropriations Act, 2009 (Section 310 

of Pub. L. 111–32) and as described in 

this rule. 

An interim final rule was published 

October 23, 2009, with an effective date 

of October 21, 2009 (74 FR 54751 

through 54754). No comments were 

received on the interim final rule. 

However, the Department of Defense 

Appropriations Act, 2010, Section 8108, 

contains statutory provisions that 

modify eligibility for Retroactive Stop 

Loss Pay and extend payments for Stop 

Loss Special Pay to active duty Service 

members serving under the Stop Loss 

authority through FY2010. 

Under these provisions, Service 

members who voluntarily reenlisted or 

extended their service or suspended 

their retirement and received a bonus 

for such reenlistment or extension of 

service are not eligible to receive the 

Retroactive Stop Loss Special Pay. The 

change of eligibility for Retroactive Stop 

Loss Special Pay is effective on 

December 19, 2009. The Secretaries of 

the Military Departments and Director, 

DFAS, shall stop all payments on 

applications from the newly ineligible 

applicants regardless of when received 

or approved. These applications will be 

returned to the claimant with an 

explanation of the change in law that 

made them ineligible. There will be no 

recoupment of payments made, prior to 

December 19, 2009. Additionally, DoD 

has determined that good cause exists 

for exemption from public comment of 

these changes and their effective date as 

they are in direct compliance with the 

statute. 

The amount of special pay remains 

$500 per month. If an eligible member 

dies before the payment is made, the 

Secretary of the Military Department 

concerned shall make the payment in 

accordance with Section 2771 of title 

10, United States Code. 

A new paragraph (b) has been added 

to § 279.2 of the final rule to reflect the 

change in eligibility. A new paragraph 

(c) has added to § 279.3 of the final rule 

to reflect the payment rules when an 

eligible member dies before payment 

can be made. 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ 

It has been certified that 32 CFR part 

279 does: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy; a section of the economy; 

productivity; competition; jobs; the 

environment; public health or safety; or 

State, local, or tribal governments or 

communities. The Supplemental 

Appropriations Act, 2009 appropriated 

$534,400,000 to the Department of 

Defense, to remain available for 

obligation until expended: Provided, 

that such funds shall be available to the 

Secretaries of the military departments 

only to make payment of claims 

specified by this law. 

It has been certified that 32 CFR part 

279 does not: 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another Agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs, or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in this Executive Order. 

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Federal Register / Vol. 75, No. 73 / Friday, April 16, 2010 / Rules and Regulations 19879 

Congressional Review Act, 5 U.S.C. 801, 

et seq. 

It has been certified that this rule is 

a major rule under the Congressional 

Review Act. This rule will have an 

annual effect on the economy of $100 

million or more. Because of the 

congressionally mandated deadline to 

begin the program, 5 U.S.C. 801(a)(3) 

does not apply. 

Section 202, Public Law 104–4, 

‘‘Unfunded Mandates Reform Act’’ 

It has been certified that 32 CFR part 

279 does not contain a Federal mandate 

resulting in expenditure by State, local 

and tribal governments, in aggregate, or 

by the private sector, of $100 million or 

more in any one year. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

It has been certified 32 CFR part 279 

is not subject to the Regulatory 

Flexibility Act (5 U.S.C. 601) because it 

would not, if promulgated, have a 

significant economic impact on a 

substantial number of small entities. 

Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

It has been certified that this rule does 

impose reporting or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995. These 

requirements have been approved by the 

Office of Management and Budget under 

OMB Control Number 0704–0464. 

Executive Order 13132, ‘‘Federalism’’ 

It has been certified that 32 CFR part 

279 does not have federalism 

implications, as set forth in Executive 

Order 13132. This rule does not have 

substantial direct effects on: 

(1) The States; 

(2) The relationship between the 

National Government and the States; or 

(3) The distribution of power and 

responsibilities among the various 

levels of Government. 

List of Subjects in 32 CFR Part 279 

Armed forces, Pay. 

■ Accordingly, 32 CFR part 279 is 

added to read as follows: 

PART 279—RETROACTIVE STOP 

LOSS SPECIAL PAY COMPENSATION 

Sec. 

279.1 Purpose. 

279.2 Eligibility. 

279.3 Payment. 

279.4 Claims process. 

279.5 Recordkeeping. 

279.6 Reporting. 

Authority: Sec. 310, Pub. L. 111–32, as 

amended. 

§ 279.1 Purpose. 

This part provides for Retroactive 

Stop Loss Special Pay as authorized and 

appropriated in section 310 of Public 

Law 111–32 and as described in this 

part. 

§ 279.2 Eligibility. 

(a) The Secretaries concerned shall 

employ the Retroactive Stop Loss 

Special Pay authority and appropriated 

funding to compensate Service 

members, including members of the 

Reserve components, former and retired 

members under the jurisdiction of the 

Secretary who, at any time during the 

period beginning on September 11, 

2001, and ending on September 30, 

2009, served on active duty while the 

Service members’ enlistment or period 

of obligated service was extended, or 

whose eligibility for retirement was 

suspended pursuant to any provision of 

law authorizing the President to extend 

any period of obligated service, or 

suspend eligibility for retirement, of a 

Service member in time of war or of 

national emergency declared by 

Congress or the President (commonly 

referred to as a ‘‘stop loss authority’’). 

(b) Service members described in 

paragraph (a) of this section, who 

voluntarily reenlisted or extended their 

service or suspended their retirement 

and received a bonus for such 

reenlistment or extension of service are 

not eligible to receive the Retroactive 

Stop Loss Special Pay. 

(c) Service members who were 

discharged or released from the Armed 

Forces under other than honorable 

conditions are not permitted to receive 

Retroactive Stop Loss Special Pay under 

section 310 of Public Law 111–32. 

§ 279.3 Payment. 

(a) The amount of compensation shall 

be $500 per month for each month or 

any portion of a month during the 

period specified above that the member 

was retained on active duty as a result 

of application of the Stop Loss 

Authority. The Military Departments are 

to determine and certify who is eligible 

to receive the Retroactive Stop Loss 

Special Pay and provide this 

information to the Defense Finance and 

Accounting Service (DFAS) for 

payment. Except as noted in this 

section, retroactive Stop Loss Special 

Pay is payable to a member under this 

section in addition to any other amounts 

payable or paid to the member by law 

or policy. 

(b) Payment rules are: 

(1) Service members will not receive 

a payment under ‘‘The Supplemental 

Appropriations Act, 2009’’, section 310 

of Public Law 111–32 and ‘‘Consolidated 

Security, Disaster Assistance, and 

Continuing Appropriations Act, 2009’’, 

section 8116 of Public Law 110–329, for 

the same month or portion of a month 

during which the member was retained 

on active duty under Stop Loss 

Authority as outlined in the Secretary of 

Defense Memorandum dated March 19, 

2009, Subject: Stop Loss Special Pay. 

(2) By law, Reserve Component 

members retained under Stop Loss 

Authority will receive Retroactive Stop 

Loss Special Pay only for service on 

active duty. As such, Reserve 

Component members may have periods 

before mobilization and after 

demobilization while under Stop Loss 

Authority where no Retroactive Stop 

Loss Special Pay can be paid. 

(3) If an eligible member dies before 

the payment is made, the Secretary of 

the Military Department concerned shall 

make the payment in accordance with 

section 2771 of title 10, United States 

Code. 

(4) Retroactive Stop Loss Special Pay 

is subject to all applicable taxes. 

§ 279.4 Claims process. 

(a) The last day for submission of 

claims to the Secretaries of the Military 

Departments for Retroactive Stop Loss 

Special Pay is October 21, 2010. The 

Secretaries concerned are not 

authorized to make payments on claims 

that are submitted after October 21, 

2010. 

(b) The additional period between the 

date of Under Secretary of Defense for 

Personnel and Readiness Memorandum, 

Subject: Retroactive Stop Loss Special 

Pay Compensation signed on September 

23, 2009 and October 21, 2009 is 

provided for the Military Departments 

to: 

(1) Identify and formally notify 

members or former members that 

official records indicate their potential 

eligibility for Retroactive Stop Loss 

Special Pay. This notification should 

reflect the estimated number of eligible 

months and the projected special pay 

amount along with guidance about how 

to submit a claim. Special care should 

be taken to work with family members 

of eligible Service members who are 

deceased. These family members may 

not be knowledgeable of the process and 

will require additional assistance after 

filing their claim. 

(2) Make a public announcement of 

the Retroactive Stop Loss Special Pay 

Authority highlighting the scope of the 

program, who qualifies for the benefits, 

and how to submit a claim to a Service 

point of contact. The Service contact 

information will be provided in all 

public releases by the Office of 

Secretary of Defense (OSD) Public 

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19880 Federal Register / Vol. 75, No. 73 / Friday, April 16, 2010 / Rules and Regulations 

Affairs Office, as well as by each of the 

Services Public Affairs Offices. 

(3) Establish and publish evidentiary 

requirements beyond those listed in this 

paragraph to support an unrecorded 

extension under Stop Loss Authority. 

Official documents may include but are 

not limited to: 

(i) DD 214 Form, Certificate of Release 

or Discharge from Active Duty and/or 

DD 215, Correction to DD 214. 

(ii) Personnel record or enlistment or 

reenlistment document recording 

original expiration of service date. 

(iii) Approved retirement 

memorandum or orders establishing 

retirement prior to actual date of 

retirement as stipulated in DD Form 214 

or DD Form 215. 

(iv) Approved resignation 

memorandum or transition orders 

establishing a separation date prior to 

actual date of separation as stipulated in 

DD Form 214 or DD Form 215. 

(v) Signed documentation or affidavit 

from knowledgeable officials from the 

individual’s chain of command. 

(4) Establish claim and appellate 

procedures, websites, points of contact 

for assistance or other outreach 

mechanisms to inform and expedite 

claims. Publish information on use of 

Board for Correction of Military/Naval 

Records. 

(5) Claim is submitted and 

adjudicated by the Service, then sent 

forward to the Defense Finance and 

Accounting Service (DFAS) for 

payment. Upon arrival DFAS will route 

claim to Debt Claims Management who 

will process the claim. Payments are 

then routed through Dispersing and 

then to Standards and Compliance. 

Then Dispersing will make payment to 

the former Service member or estate. 

Standards and Compliance will build 

and route reports for OSD and personnel 

centers. 

§ 279.5 Recordkeeping. 

The Military Departments will 

maintain a by-name accounting of 

claims that will allow aggregate 

summaries to depict: 

(a) The number of claims filed. 

(b) The number of claims approved. 

(c) The number of claims denied and 

the reasons why (especially with regard 

to subparagraph (h) of section 310 of 

Pub. L. 111–32). 

(d) The number of appeals. 

(e) The number of claims pending and 

the reasons why. 

(f) The amount of funding that has 

been obligated, to include mean and 

median payments provided per 

claimant, the number of claims and 

payments made in accordance with 

section 2771 of title 10, United States 

Code for deceased claimants. 

(g) The mean and median processing 

times from receipt of claim to payment. 

§ 279.6 Reporting. 

The Department of Defense shall 

provide a consolidated report to the 

congressional defense committees on 

the implementation of section 310 of 

Public Law 111–32. As such, the Under 

Secretary of Defense for Personnel and 

Readiness, in coordination with the 

Under Secretary of Defense 

(Comptroller), will establish data 

formats and narrative requirements for a 

cumulative quarterly report beginning 

January 21, 2010, to monitor the 

program and the remaining balance of 

funding appropriated for this purpose. 

Dated: April 12, 2010. 

Mitchell S. Bryman, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2010–8739 Filed 4–15–10; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 147 

[Docket No. USCG–2009–0571] 

RIN 1625–AA00 

Safety Zone; BW PIONEER at Walker 

Ridge 249, Outer Continental Shelf 

FPSO, Gulf of Mexico 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone around the 

BW PIONEER, a Floating Production, 

Storage and Offloading (FPSO) system, 

at Walker Ridge 249 in the Outer 

Continental Shelf. The purpose of the 

safety zone is to protect the FPSO from 

vessels operating outside the normal 

shipping channels and fairways. Placing 

a safety zone around the FPSO 

significantly reduces the threat of 

allisions, oil spills, and releases of 

natural gas, and thereby protects the 

safety of life, property, and the 

environment. 

DATES: This rule is effective May 17, 

2010. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2009–0571 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2009–0571 in the ‘‘Keyword’’ box, and 

then clicking ‘‘Search.’’ This material is 

also available for inspection or copying 

at the Docket Management Facility (M– 

30), U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail Dr. Madeleine McNamara, U.S. 

Coast Guard, District Eight Waterways 

Management Coordinator; telephone 

504–671–2103, 

madeleine.w.mcnamara@uscg.mil. If 

you have questions on viewing the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On August 24, 2009, we published a 

notice of proposed rulemaking (NPRM) 

entitled Safety Zone; BW PIONEER at 

Walker Ridge 249, Outer Continental 

Shelf FPSO, Gulf of Mexico in the 

Federal Register (74 FR 42612). We 

received no comments on the proposed 

rule. No public meeting was requested 

and none was held. 

Basis and Purpose 

The Coast Guard is establishing a 

safety zone of 500 meters around the 

stern of the FPSO when it is moored to 

the turret buoy. If the FPSO detaches 

from the turret buoy, the safety zone of 

500 meters is measured from the center 

point at 26°41′46.25′′ N and 

090°30′30.16′′ W. This action is based 

on a thorough and comprehensive 

examination of the criteria established 

by the Eighth District, IMO guidelines, 

and existing regulations. The FPSO can 

swing in a 360 degree arc around the 

center point. The safety zone will 

reduce significantly the threat of 

allisions, oil spills, and releases of 

natural gas and increase the safety of 

life, property, and the environment in 

the Gulf of Mexico by prohibiting entry 

into the zone unless specifically 

authorized by the Commander, Eighth 

Coast Guard District. 

The safety zone established by this 

regulation is in the deepwater area of 

the Gulf of Mexico in Walker Ridge 249 

with a center point at 26°41′46.25′′ N 

and 090°30′30.16′′ W. For the purpose of 

this regulation, the deepwater area is 

considered to be waters of 304.8 meters 

(1,000 feet) or greater depth extending to 

the limits of the Exclusive Economic 

Zone (EEZ) contiguous to the territorial 

sea of the United States and extending 

to a distance up to 200 nautical miles 

WReier-Aviles on DSKGBLS3C1PROD with RULES