[Federal Register Volume 85, Number 150 (Tuesday, August 4, 2020)]
[Notices]
[Pages 47288-47290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16966]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA-2018-1051]
Agency Information Collection Activities: Request for Comments;
Clearance of a New Approval of Information Collection: Formal
Complaints Collection
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice and request for comments.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the
FAA invites public comments about its intention to request the Office
of Management and Budget (OMB) approval for an existing information
collection. This collection involves the filing of a complaint with the
FAA alleging a violation of any requirement, rule, regulation, or order
issued under certain statutes within the jurisdiction of the FAA. The
FAA will use the information collected to determine if the alleged
violation warrants investigation or action.
DATES: Written comments should be submitted by October 5, 2020.
ADDRESSES: Please send written comments:
By Electronic Docket: www.regulations.gov (Enter docket number into
search field).
By mail: Cole R. Milliard, Office of the Chief Counsel, AGC-300,
Federal Aviation Administration, 800 Independence Avenue SW,
Washington, DC 20591.
By fax: 202-267-5106.
FOR FURTHER INFORMATION CONTACT: Cole R. Milliard by email at:
[email protected]; phone 202-267-3452.
SUPPLEMENTARY INFORMATION:
Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for the FAA's performance; (b)
the accuracy of the estimated burden; (c) ways for the FAA to enhance
the quality, utility, and clarity of the information collection; and
(d) ways that the burden could be minimized without reducing the
quality of the collected information. The agency will summarize and/or
include your comments in the request for OMB's clearance of this
information collection.
OMB Control Number: 2120-XXXX.
Title: Formal Complaints Collection.
Form Numbers: N/A.
Type of Review: New clearance of an existing information
collection.
Background: The FAA issued a notice of proposed rulemaking (NPRM)
to revise 14 CFR part 13. The NPRM published in the Federal Register on
February 12, 2019 (84 FR 3614). The NPRM proposed to update the
procedural rules governing FAA investigations and enforcement actions.
The proposed revisions include updates to statutory and regulatory
references, updates to agency organizational structure, elimination of
inconsistencies, clarification of ambiguity, increases in efficiency,
and improved readability. Section 13.5, currently and as proposed in
the NPRM, allows any person to file a formal complaint with the FAA
Administrator regarding a person's violation of 49 U.S.C. subtitle VII,
49 U.S.C. chapter 51, or any rule, regulation, or order issued under
those statutes. Thus, the overall burden associated with submission and
processing of these complaints is not new. It is also optional, as
there is no obligation for any individual to file a formal complaint.
As revised in proposed 14 CFR 13.5(b), a formal complaint must: (1)
Be submitted to the FAA in writing; (2) be identified as a complaint
seeking an appropriate order or other enforcement action; (3) identify
the subjects of the complaint; (4) state the specific statute, rule,
regulation, or order that each subject allegedly violated; (5) contain
a concise but complete statement of the facts relied upon to
substantiate each allegation; (6) include the name, address, telephone
number, and email of the person filing the complaint; and (7) be signed
by the person filing the complaint or an authorized representative.
After the FAA confirms that the complaint meets these requirements, it
sends a copy of the complaint to the subjects of the complaint and
gives them an opportunity to submit a written answer. If a complaint
does not meet these requirements, it is considered a report of
violation under proposed 14 CFR 13.2.
[[Page 47289]]
The FAA uses the information in the complaint and answer to
determine if there are reasonable grounds for investigating the
complaint. If the FAA determines there are reasonable grounds, the FAA
proceeds with an investigation. If not, the FAA may dismiss the
complaint and give the reason for dismissal in writing to both the
person who filed the complaint and the subjects of the complaint.
Respondents: Formal complaints are typically submitted by an
individual or organization. Almost all formal complaints are evenly
split between three basic categories (complainant listed first):
Individual vs. individual, individual vs. organization, and
organization vs. organization.
Frequency: The FAA estimates this collection of information would
result in about seven formal complaints per year based on FAA data.
Estimated Average Burden per Response: The estimated average burden
on the public for each complaint and response under Sec. 13.5 is eight
hours, broken down as follows. It would take an individual about four
hours to write a formal complaint acceptable under Sec. 13.5. Most of
this time would be the research required to determine which laws the
subject of the complaint allegedly violated. The second largest amount
of time would be devoted to writing the ``concise but complete''
statement of facts substantiating the complaint. After the FAA reviews
the complaint and confirms it meets the requirements, each subject of
the complaint would have an opportunity to submit a written answer. The
FAA estimates it would take the subject of the complaint about four
hours to write an answer to the complaint.
The estimated average burden on the FAA for each complaint is eight
hours, broken down as follows. A complaint would take the FAA no more
than four hours to review to confirm it meets the requirements as laid
out in 14 CFR 13.5(b). The FAA would take an additional hour to send
the complaint to the subjects of that complaint. The FAA would then
take another estimated three hours to determine if an investigation
would be necessary.
Estimated Total Annual Burden: \1\ The FAA estimates the total
annual combined (public + FAA) annual burden and cost of the
information requirements to be about 112 hours and $7,138.
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\1\ For this notice, the FAA used updated figures in its
estimate from those used in the NPRM.
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For the public, the estimated total annual hourly burden would be
56 hours, and the estimated total annual cost burden would be about
$2,036. This burden to the public is calculated as follows. Based on
the number of formal complaints the FAA received during the three years
preceding preparation of the NPRM, the FAA estimates there would be
seven complaints filed per year by seven complainants. Each complaint
would take no more than four hours to complete. The annual hourly
burden would be 28 hours for the public to submit formal complaints (7
complaints x 4 hours = 28 hours). After the FAA reviews the complaint
and confirms it meets the requirements, each subject of the complaint
would have an opportunity to submit a written answer. The FAA estimates
this would take the subject four hours. The annual hourly burden to the
public would be another 28 hours for the subject of the complaint to
provide a written answer (7 written answers x 4 hours = 28 hours).\2\
The total annual hourly burden to the public would be 56 hours. Since a
complainant and a subject of a complaint could be employed in any
occupation, the FAA selected a mean hourly wage rate for all
occupations in the United States. The U.S. Bureau of Labor Statistics
estimates the mean hourly wage rate of all occupations was $24.98 in
May 2018.\3\ The FAA estimates the total burdened hourly wage rate is
$36.36 when including full employee benefits.\4\ The total annual cost
burden to the public would be about $2,036 ($36.36 x 56 hours). In
addition to labor hours, the complainants would incur copying and
mailing costs for seven annual complaints estimated at $102.90; or
$52.15 for complainants [($.50 for a 5-page complaint, including
attachments, at $.10 per page \5\ + $6.95 first-class certified mail
with return receipt \6\) x 7] and $50.75 for subjects of complaints
[($.30 for a 3-page response, including attachments, at $.10 per page +
$6.95 first-class certified mail with return receipt) x 7].
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\2\ This assumes each formal complaint would meet the
requirements as laid out in 14 CFR 13.5(b), so the FAA could send a
copy of the complaint to the subject of each complaint to give them
an opportunity to submit a written answer.
\3\ Source: U.S. Bureau of Labor Statistics, May 2018 National
Occupational Employment and Wage Estimates, see Occupational Code
#00-0000, All Occupations (https://www.bls.gov/oes/2018/may/oes_nat.htm).
\4\ Derived from the U.S. Bureau of Labor Statistics, Employer
Costs for Employee Compensation--September 2019 (https://www.bls.gov/news.release/archives/ecec_09172019.pdf, September 17,
2019 release), which indicates that wages and salaries were 68.6% of
total employee compensation (salary and benefits) providing a fringe
benefit factor of about 1.4577 (=1 / 0.686). The FAA uses this
factor to estimate the total ``burdened'' employee compensation
(salary and benefits) hourly wage rate of $36.36 (=$24.98 x 1.4557).
\5\ https://www.gpo.gov/docs/default-source/gpoexpress-pdf-files/gpo_express_pricelist.pdf.
\6\ https://www.usps.com/ship/insurance-extra-services.htm.
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For the FAA, the estimated total annual hourly burden would be 56
hours, and the estimated total annual cost burden would be about
$4,846. This burden to the FAA is calculated as follows. The complaint
would take the FAA no more than four hours to review to confirm it
meets the requirements as laid out in 14 CFR 13.5(b), which results in
an annual time burden of 28 hours (7 complaints x 4 hours = 28 hours).
The FAA would take an additional hour to send the complaint to the
subjects of that complaint, which would add seven hours (7 complaints x
1 hour = 7 hours). The FAA would then take another estimated three
hours to determine if an investigation would be necessary, adding 21
hours (7 complaints x 3 hours = 21 hours) to the FAA annual burden.
This results in a total annual burden of 56 hours (28 hours + 7 hours +
21 hours = 56 hours) for the FAA. The FAA assumes an FAA hourly wage
rate of $63.51.\7\ The FAA estimates the total burdened FAA hourly wage
rate to be $86.54 when including full civilian employee benefits.\8\
The total annual cost burden to the FAA to review and process the
complaint would be $4,846 ($86.54 x 56 = $4,846). In addition to labor
hours, the FAA would incur copying and mailing costs for seven annual
complaints estimated at $152.95; or $52.85 for mailing complaints to
subjects [($.60 for a 6-page complaint with a cover letter at $.10 per
page + $6.95 first-class certified mail with return receipt) x 7] and
$100.10 for mailing the agency's determination to both complainants and
subjects of complaints [2 x ($.20 for a 2-page determination letter at
$.10 per page + $6.95 first-class certified mail with return receipt) x
7].
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\7\ The FAA assumes that 75% of the work would be performed by
an FAA attorney at a grade level 14 step five hourly wage of $60.83
and 25% by an FAA attorney at a grade level 15 step five hourly wage
of $71.56 (wages based on U.S. Office of Personnel Management
General Schedule Salary Data).
\8\ The FAA uses a civilian fringe benefit cost factor of 36.25%
(or 1.3625) to estimate the total ``burdened'' FAA employee
compensation (salary and benefits) hourly wage rate of $86.54
(=$63.51 x 1.3625). The civilian fringe benefit cost factor is based
on guidance from the U.S. Office of Management and Budget (https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2008/m08-13.pdf).
[[Page 47290]]
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Issued in Washington, DC, on July 30, 2020.
Naomi Carol Tsuda,
Assistant Chief Counsel for Enforcement Division.
[FR Doc. 2020-16966 Filed 8-3-20; 8:45 am]
BILLING CODE 4910-13-P