Existing collection in use without an OMB Control Number
No
Regular
01/13/2022
Requested
Previously Approved
36 Months From Approved
14
0
56
0
2,036
0
Formal complaints are voluntary
submissions and can be filed by any person at any time. They are
typically submitted by either an individual or an organization.
Formal complaints must meet the following requirements in 14 CFR §
13.5(b): (1) Be submitted in writing and identified as a complaint
seeking an appropriate order or other enforcement action; (2) Be
submitted to the Federal Aviation Administration, Office of the
Chief Counsel; (3) Set forth the name and address, if known, of
each person who is the subject of the complaint, with the specific
statute, rule, regulation, or order violated; (4) Contain a concise
but complete statement of the facts relied upon to substantiate
each allegation; (5) State the name, address, telephone number, and
email of the person filing the complaint; and (6) Be signed by the
person filing the complaint or an authorized representative.
Personnel in the FAA Office of the Chief Counsel, Enforcement
Division (“FAA Enforcement Division”) receive and review each
submission to determine if it complies with § 13.5(b). If it
complies, the FAA Enforcement Division sends a copy of the
complaint to all the subjects identified in the complaint. The
subject of a complaint may file a written answer. The complaint and
answer will often include supporting evidence (e.g., log book
pages, pictures, emails). FAA reviews the complaint and answer
provided. If FAA determines that reasonable grounds exist to
support an investigation, it initiates an investigation and
notifies the complainant and alleged violators of FAA’s
determination in writing. The FAA Enforcement Division may initiate
legal action if warranted by the investigation. If, however, FAA
determines an investigation is not warranted, it dismisses the
complaint, providing its rationale in writing to the complainant
and alleged violators. The FAA Enforcement Division maintains the
formal complaint docket and gives each complaint a unique docket
number. The docket consists of the formal complaint, an answer (if
any), and a response from the program office to the parties (i.e.
complainant and subjects). If the complaint warrants no
investigation, the program office’s response would be a letter
advising the parties that there are no grounds for an
investigation, and that the complaint is dismissed. If the
complaint warrants an investigation, the program office would
provide the parties a notification of the investigation and a
report of the investigation. While the formal complaint docket is
accessible to the public through a FOIA request, it is not
accessible via the Internet. AGC-300 retains control over the
information in the formal complaint docket and safeguards it from
improper access, modification, and destruction, consistent with
confidentiality, privacy, and electronic information requirements.
The PII stored in the formal complaint docket is not disseminated
to the public. Upon a member of the public’s request for materials
from the docket, FAA would redact PII in accordance with the
Privacy Act and other applicable law.
This is a new approval request
for an existing collection process. As it currently exists, § 13.5
contains nearly the same information collection process as in the
final rule. The information collection, as given in the final rule,
updates the FAA’s address for receiving formal complaints and
requires the email address of the person(s) submitting a formal
complaint. However, current § 13.5 does not have a valid OMB
control number.
$4,846
No
Yes
No
No
No
No
No
Cole Milliard 202 267-3452
cole.milliard@faa.gov
No
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
2120-XXXX New Collection Formal Complaints_3-9-21_Clean.docx
Fed Reg 60-day.pdf
Answer