Agency Information Collection Activities: Request for Comments; Clearance of a New Approval of Information Collection: Formal Complaints Collection

CourtFederal Aviation Administration,Transportation Department
Citation86 FR 50204
Record Number2021-19271
SectionNotices
Published date07 September 2021
50204
Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices
reviewed subject to a ‘‘presumption of
denial’’ policy.
SOEs/SFEs: Exports and reexports of
goods or technology pursuant to new
licenses for Russian state-owned or
state-funded enterprises will be
reviewed subject to a ‘‘presumption of
denial’’ policy.
4. Import Restrictions: New or
pending permit applications submitted
to the Department of Justice, Bureau of
Alcohol, Tobacco, Firearms and
Explosives (ATF) for the permanent
importation into the United States of
firearms or ammunition, as defined on
the U.S. Munitions Import List (22 CFR
447.21, Categories I and III), that are
manufactured or located in the Russian
Federation shall be denied in
accordance with section 38 of the Arms
Export Control Act (22 U.S.C. 2778) and
Executive Order 13637. Consistent with
authority delegated under Executive
Order 12851, the Department of the
Treasury has concurred with the
imposition of this sanction and its
implementation by ATF.
These measures shall be implemented
by the responsible departments and
agencies of the United States
Government and will remain in place
for at least one year and until further
notice.
Choo S. Kang,
Acting Assistant Secretary, Bureau of
International Security and Nonproliferation,
Department of State.
[FR Doc. 2021–19117 Filed 9–3–21; 8:45 am]
BILLING CODE 4710–27–P
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.
SUMMARY
: In accordance with the
Paperwork Reduction Act of 1995, FAA
invites public comments within 30 days
after the date of publication of this
notice 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. The
Federal Register Notice with a 60-day
comment period soliciting comments on
the following collection of information
was published on August 4, 2020.
DATES
: Written comments should be
submitted by October 7, 2021.
ADDRESSES
: Interested persons are
invited to submit written comments on
the proposed information collection to
the Office of Information and Regulatory
Affairs, Office of Management and
Budget. Comments should be addressed
to the attention of the Desk Officer,
Department of Transportation/FAA, and
sent via electronic mail to oira_
submission@omb.eop.gov, or faxed to
(202) 395–6974, or mailed to the Office
of Information and Regulatory Affairs,
Office of Management and Budget,
Docket Library, Room 10102, 725 17th
Street NW, Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT
: Cole
R. Milliard by email at: Cole.Milliard@
faa.gov; 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: 2120–0795.
Title: Formal Complaints Collection.
Form Numbers: N/A.
Type of Review: New clearance of an
existing information collection.
Background: The Federal Register
Notice with a 60-day comment period
soliciting comments on the following
collection of information was published
on August 4, 2020 (85 FR 47288). Prior
to that, the FAA issued a notice of
proposed rulemaking (NPRM) to revise
14 CFR part 13. The NPRM was
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
(current 14 CFR 13.1).
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 § 13.5 is eight hours,
broken down as follows: It would take
an individual about four hours to write
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50205
Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices
1
For this notice and the Federal Register notice
with the 60-day comment period, the FAA used
updated figures in its estimate from those used in
the NPRM.
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 × 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.
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
× 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).
a formal complaint acceptable under
§ 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.
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
× 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 × 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 × 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
) × 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) × 7].
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 × 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 × 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 × 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 × 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 5-page complaint
with a 1-page cover letter at $.10 per
page + $6.95 first-class certified mail
with return receipt) × 7] and $100.10 for
mailing the agency’s determination to
both complainants and subjects of
complaints [2 × ($.20 for a 2-page
determination letter at $.10 per page +
$6.95 first-class certified mail with
return receipt) × 7].
Issued in Washington, DC, on September 1,
2021.
Cynthia A Dominik,
Assistant Chief Counsel for Enforcement
Division.
[FR Doc. 2021–19271 Filed 9–3–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Intent To Prepare a Draft
Environmental Impact Statement for
the Interstate 405 ExpressLanes
Project, in Los Angeles County,
California
AGENCY
: Federal Highway
Administration (FHWA), Department of
Transportation (DOT).
ACTION
: Notice of intent (NOI) to prepare
a draft environmental impact statement
for the Interstate 405 (I–405)
ExpressLanes project.
SUMMARY
: The FHWA, on behalf of the
California Department of Transportation
(Caltrans), is issuing this notice to
advise the public that a Draft EIS will
be prepared for the I–405 ExpressLanes
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