2022-24982

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 • 14 CFR Parts 11, 91, and 111 • [Docket No. FAA-2022-1546] AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Policy statement. SUMMARY: The FAA will expunge records of civil penalty actions against individuals settled with no finding of violation, referrals of apparent violations by U.S. service members to the U.S. Armed Forces, and referrals of apparent violations by individual foreign certificate users to foreign aviation authorities. DATES: This notification of enforcement policy is effective December 1, 2022. FOR FURTHER INFORMATION CONTACT: Cole R. Milliard, Attorney, Enforcement Division, AGC-300, Office of the Chief Counsel, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone (202) 267-3452; Cole.Milliard@faa.gov; or James Barry, Manager, Policy/Audit/Evaluation, AGC-300, Office of the Chief Counsel, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone (202) 267-8198; James.Barry@faa.gov. SUPPLEMENTARY INFORMATION: Background In 1991, the FAA adopted a policy of expunging records of certain closed legal enforcement actions against individuals.[1] The policy provided for the expunction of certain legal enforcement action records for individuals who hold airman certificates and those who do not, such as passengers. In 2011, the FAA suspended the expunction policy [2] based on the Airline Safety and Federal Aviation Administration Extension Act of 2010 (“Act”).[3] The Act amended the Pilot Records Improvement Act by requiring the FAA to create a pilot records database (“PRD”) for air carriers to use for pilot background checks. The Act further required the FAA to ( printed page 70708) maintain in the PRD “summaries of legal enforcement actions resulting in a finding by the Administrator of a violation of this title or a regulation prescribed or order issued under this title that was not subsequently overturned.” [4] The FAA is required to retain these records until the individual is deceased.[5] The FAA, therefore, determined that continuing its expunction policy was inconsistent with the Act and proceeded to implement the PRD through rulemaking.[6] On June 10, 2021, the FAA published the final rule for the PRD in the Federal Register .[7] As stated in the final rule preamble, the Act “requires the FAA to maintain records in the PRD for the life of the pilot and does not provide the FAA with discretion to expunge records outside of that timeframe.” [8] However, records without a finding of violation are not included in the PRD.[9] When the FAA suspended the expunction policy in 2011, it stated it would determine the full effect of the PRD on the expunction policy and amend the policy accordingly.[10] …

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