2020-21111

Document Headings Document headings vary by document type but may contain the following: • the agency or agencies that issued and signed a document • the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to • the agency docket number / agency internal file number • the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Transportation Federal Aviation Administration • [Docket No.: FAA-2020-0809] • 14 CFR Parts 61, 63, 65 and 67 AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notification of enforcement policy. SUMMARY: The FAA is adopting a policy for the prompt settlement of legal enforcement actions against individuals who have violated FAA regulations proscribing any: Fraudulent or intentionally false statement on an application for a medical certificate or other document used to show compliance with any requirement for a medical certificate; reproduction of a medical certificate for fraudulent purposes; or alteration of a medical certificate. The policy is expected to afford eligible individuals who hold an airman or ground instructor certificate and who are the subject of such a legal enforcement action the opportunity to apply for a new airman or ground instructor certificate sooner than in the absence of this policy. DATES: This notification of enforcement policy is effective September 30, 2020. FOR FURTHER INFORMATION CONTACT: James Barry, Manager, Policy/Audit/Evaluation, Enforcement Division, AGC-300, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone (202) 267-8198; james.barry@faa.gov; or Brandon Goldberg, Attorney, Enforcement Division, AGC-300, Federal Aviation Administration, 1701 Columbia Ave., College Park, GA 30337; telephone (404) 305-5230; brandon.goldberg@faa.gov. SUPPLEMENTARY INFORMATION: Background Under longstanding FAA policy, the revocation of airman, ground instructor, and medical certificates, and the withdrawal of all special issuances or SODAs, is the appropriate sanction for violations of 14 CFR 67.403(a)(1) through (4).[1] The period between the discovery of an apparent violation of 14 CFR 67.403(a)(1) through (4) and, if appropriate, the issuance of an order revoking airman, medical, and ground instructor certificates can be lengthy, making the date on which an order of revocation will be issued uncertain. Investigative personnel compile an ( printed page 60058) enforcement investigative report (EIR) containing evidence relating to the apparent violation. Such investigations include gathering, among other evidence, legal and/or medical documentation from various governmental entities or healthcare providers. Investigative personnel also include as evidence letters of investigation (LOIs) to apparent violators and any information provided in response to LOIs. Following the compilation of evidence, investigative personnel provide analyses as to how the evidence relates to the violation and recommended sanction type. The EIR is subject to various levels of review within the FAA program office. If the program office deems the EIR sufficient, it transmits the EIR to the Office of the Chief Counsel's Enforcement Division (AGC-300) for evaluation and, if appropriate, initiation of legal enforcement action. Accordingly, a variety of factors affect the timing of the issuance of an order of revocation for an apparent violation of 14 CFR 67.403(a)(1) through (4). In addition, FAA regulations generally proscribe individuals whose airman and ground instructor certificates have been revoked from applying for new airman and ground instructor certificates for one year following the effective date of an order of revocation…

Fonte: Federal Register (federalregister.gov). Texto original em inglês. Conteúdo sanitizado por segurança.