FAA Policy Statement on Expungement of Certain Enforcement Actions, 7893-7894 [2011-3101]

Download as PDF Federal Register / Vol. 76, No. 29 / Friday, February 11, 2011 / Notices investors, or otherwise in furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: [FR Doc. 2011–3035 Filed 2–10–11; 8:45 am] • Use the Commission’s Internet comment form (https://www.sec.gov/ rules/sro.shtml); or • Send an e-mail to rulecomments@sec.gov. Please include File Number SR–BATS–2011–004 on the subject line. 18:55 Feb 10, 2011 Office of the Secretary Application of Alaska Central Express, Inc. for Certificate Authority Department of Transportation. Notice of Order to Show Cause (Order 2011–2–4), Docket DOT–OST– 1996–1657. AGENCY: BILLING CODE 8011–01–P ACTION: DEPARTMENT OF STATE [Public Notice: 7333] Culturally Significant Objects Imported for Exhibition Determinations: ‘‘Neoclassicism: A Taste for the Antique’’ Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of Paper Comments October 19, 1965 (79 Stat. 985; 22 U.S.C. • Send paper comments in triplicate 2459), Executive Order 12047 of March to Elizabeth M. Murphy, Secretary, 27, 1978, the Foreign Affairs Reform and Securities and Exchange Commission, Restructuring Act of 1998 (112 Stat. 100 F Street, NE., Washington, DC 2681, et seq.; 22 U.S.C. 6501 note, et 20549–1090. seq.), Delegation of Authority No. 234 of October 1, 1999, and Delegation of All submissions should refer to File Authority No. 236–3 of August 28, 2000, Number SR–BATS–2011–004. This file I hereby determine that the objects to be number should be included on the subject line if e-mail is used. To help the included in the exhibition ‘‘Neoclassicism: A Taste for the Commission process and review your Antique,’’ imported from abroad for comments more efficiently, please use only one method. The Commission will temporary exhibition within the United post all comments on the Commission’s States, are of cultural significance. The objects are imported pursuant to loan Internet Web site (https://www.sec.gov/ agreements with the foreign owners or rules/sro.shtml). Copies of the custodians. I also determine that the submission, all subsequent exhibition or display of the exhibit amendments, all written statements objects at The Museum of Fine Arts, with respect to the proposed rule Houston, Houston, TX, from on or about change that are filed with the March 20, 2011, until on or about May Commission, and all written 30, 2011, and at possible additional communications relating to the exhibitions or venues yet to be proposed rule change between the Commission and any person, other than determined, is in the national interest. I have ordered that Public Notice of those that may be withheld from the these Determinations be published in public in accordance with the the Federal Register. provisions of 5 U.S.C. 552, will be available for Web site viewing and FOR FURTHER INFORMATION CONTACT: For printing in the Commission’s Public further information, including a list of Reference Room, 100 F Street, NE., the exhibit objects, contact Julie Washington, DC 20549, on official Simpson, Attorney-Adviser, Office of business days between the hours of the Legal Adviser, U.S. Department of 10 a.m. and 3 p.m. Copies of the filing State (telephone: 202–632–6467). The also will be available for inspection and mailing address is U.S. Department of copying at the principal office of the State, SA–5, L/PD, Fifth Floor (Suite Exchange. All comments received will 5H03), Washington, DC 20522–0505. be posted without change; the Dated: February 4, 2011. Commission does not edit personal Ann Stock, identifying information from Assistant Secretary, Bureau of Educational submissions. You should submit only and Cultural Affairs, Department of State. information that you wish to make [FR Doc. 2011–3127 Filed 2–10–11; 8:45 am] available publicly. All submissions should refer to File Number SR–BATS– BILLING CODE 4710–05–P 2011–004 and should be submitted on or before March 4, 2011. 14 17 CFR 200.30–3(a)(12). VerDate Mar<15>2010 DEPARTMENT OF TRANSPORTATION The Department of Transportation is directing all interested persons to show cause why it should not issue an order finding Alaska Central Express, Inc., fit, willing, and able, and awarding it a certificate of public convenience and necessity to engage in interstate scheduled air transportation of persons, property and mail. DATES: Persons wishing to file objections should do so no later than February 18, 2011. ADDRESSES: Objections and answers to objections should be filed in Docket DOT–OST–1996–1657, and addressed to U.S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue, SE., West Building Ground Floor, Rm. W12–140, Washington, DC 20590, and should be served upon the parties listed in Attachment A to the order. SUMMARY: Electronic Comments jlentini on DSKJ8SOYB1PROD with NOTICES For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.14 Cathy H. Ahn, Deputy Secretary. 7893 Jkt 223001 SUMMARY: PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 FOR FURTHER INFORMATION CONTACT: Catherine O’Toole, Air Carrier Fitness Division (X–56), U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590, (202) 366–9721. Dated: February 4, 2011. Susan L. Kurland, Assistant Secretary for Aviation and International Affairs. [FR Doc. 2011–3102 Filed 2–10–11; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration FAA Policy Statement on Expungement of Certain Enforcement Actions Federal Aviation Administration, DOT. ACTION: Policy statement. AGENCY: The FAA has temporarily suspended its policy of expunging certain records of legal enforcement actions against individuals in order to ensure compliance with recent amendments to the Pilot Records Improvement Act. SUMMARY: E:\FR\FM\11FEN1.SGM 11FEN1 7894 Federal Register / Vol. 76, No. 29 / Friday, February 11, 2011 / Notices This policy became effective November 1, 2010. FOR FURTHER INFORMATION: A frequently asked questions (FAQ) page about the suspension of the expunction policy and its effects on pilots is available at: https://www.faa.gov/pilots/lic_cert/pria/ guidance/pilotfaq. Further questions may be directed to 9-AGCExpunctionSuspension@faa.gov. SUPPLEMENTARY INFORMATION: Background: In 1991, the FAA adopted a policy of expunging records of certain closed legal enforcement actions against individuals, see 56 FR 55,788 (Oct. 29, 1991). This includes both airman certificate holders and non-holders, such as passengers. Among other things, the policy provides that, in general, records of legal enforcement actions involving suspension of an airman certificate or a civil penalty against an individual are maintained for five years, then expunged. Cases closed with no enforcement action are expunged within ninety days. In addition, the FAA has a policy of expunging records of administrative actions after two years that was in existence at the time of and was left unchanged by the adoption of the 1991 expunction policy. On August 1, 2010, the Airline Safety and Federal Aviation Administration Extension Act of 2010, Public Law 111– 216, 124 Stat. 2348 (2010) (‘‘Act’’), was signed into law. The Act amends the Pilot Records Improvement Act (‘‘PRIA’’) by requiring the FAA to create a pilot records database. Air carriers will use this database to perform background checks on pilots before hiring them, as required by PRIA. The database will contain various types of records, including summaries of legal enforcement actions against individuals resulting in a finding by the FAA Administrator of a violation. These records must be kept by the FAA until it receives notice that the individual is deceased. The requirement to keep these records began on the date of the law’s enactment, August 1, 2010. The five-year expunction of certain legal enforcement action records is not consistent with the Act’s amendments to PRIA. Although the requirement to maintain the records began on August 1, 2010, the FAA last expunged on November 1, 2010, as we began determining which records must be kept in order to comply with the law. The November 1, 2010 expunction covered records from scheduled for expunction during October. We will continue to expunge records of administrative actions and cases with no enforcement action, as PRIA does not require the FAA to put this information in the pilot jlentini on DSKJ8SOYB1PROD with NOTICES DATES: VerDate Mar<15>2010 18:55 Feb 10, 2011 Jkt 223001 record database. The FAA will determine the full effect of the Act’s requirements on the expunction policy and will amend its expunction policy accordingly. The details of the amended expunction policy will be published in the Federal Register. Issued in Washington, DC on February 4, 2011. J. Randolph Babbitt, Administrator. [FR Doc. 2011–3101 Filed 2–10–11; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration Sunshine Act Meetings; Unified Carrier Registration Plan Board of Directors Federal Motor Carrier Safety Administration (FMCSA), DOT. TIME AND DATE: March 3, 2011, 12 noon to 3 p.m., Eastern Daylight Time. PLACE: This meeting will take place telephonically. Any interested person may call 877–768–0032, passcode, 4856462 to participate in this meeting. STATUS: Open to the public. MATTERS TO BE CONSIDERED: The Unified Carrier Registration Plan Board of Directors (the Board) will continue its work in developing and implementing the Unified Carrier Registration Plan and Agreement and to that end, may consider matters properly before the Board. FOR FURTHER INFORMATION CONTACT: Mr. Avelino Gutierrez, Chair, Unified Carrier Registration Board of Directors at (505) 827–4565. AGENCY: Issued on: February 8, 2011. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. 2011–3229 Filed 2–9–11; 4:15 pm] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2010–0372] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemptions; request for comments. AGENCY: FMCSA announces receipt of applications from 19 individuals for SUMMARY: PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 exemption from the vision requirement in the Federal Motor Carrier Safety Regulations. If granted, the exemptions would enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce without meeting the Federal vision standard. Comments must be received on or before March 14, 2011. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2010–0372 using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. • Fax: 1–202–493–2251. Instructions: Each submission must include the Agency name and the docket numbers for this notice. Note that all comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below for further information. Docket: For access to the docket to read background documents or comments, go to https:// www.regulations.gov at any time or Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a selfaddressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Privacy Act: Anyone may search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or of the person signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s Privacy Act Statement for the FDMS published in the Federal Register on January 17, 2008 (73 FR 3316), or you may visit DATES: E:\FR\FM\11FEN1.SGM 11FEN1

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[Federal Register Volume 76, Number 29 (Friday, February 11, 2011)]
[Notices]
[Pages 7893-7894]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3101]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


FAA Policy Statement on Expungement of Certain Enforcement 
Actions

AGENCY: Federal Aviation Administration, DOT.

ACTION: Policy statement.

-----------------------------------------------------------------------

SUMMARY: The FAA has temporarily suspended its policy of expunging 
certain records of legal enforcement actions against individuals in 
order to ensure compliance with recent amendments to the Pilot Records 
Improvement Act.

[[Page 7894]]


DATES: This policy became effective November 1, 2010.

FOR FURTHER INFORMATION: A frequently asked questions (FAQ) page about 
the suspension of the expunction policy and its effects on pilots is 
available at: https://www.faa.gov/pilots/lic_cert/pria/guidance/pilotfaq. Further questions may be directed to 9-AGC-ExpunctionSuspension@faa.gov.

SUPPLEMENTARY INFORMATION: Background: In 1991, the FAA adopted a 
policy of expunging records of certain closed legal enforcement actions 
against individuals, see 56 FR 55,788 (Oct. 29, 1991). This includes 
both airman certificate holders and non-holders, such as passengers. 
Among other things, the policy provides that, in general, records of 
legal enforcement actions involving suspension of an airman certificate 
or a civil penalty against an individual are maintained for five years, 
then expunged. Cases closed with no enforcement action are expunged 
within ninety days. In addition, the FAA has a policy of expunging 
records of administrative actions after two years that was in existence 
at the time of and was left unchanged by the adoption of the 1991 
expunction policy.
    On August 1, 2010, the Airline Safety and Federal Aviation 
Administration Extension Act of 2010, Public Law 111-216, 124 Stat. 
2348 (2010) (``Act''), was signed into law. The Act amends the Pilot 
Records Improvement Act (``PRIA'') by requiring the FAA to create a 
pilot records database. Air carriers will use this database to perform 
background checks on pilots before hiring them, as required by PRIA. 
The database will contain various types of records, including summaries 
of legal enforcement actions against individuals resulting in a finding 
by the FAA Administrator of a violation. These records must be kept by 
the FAA until it receives notice that the individual is deceased. The 
requirement to keep these records began on the date of the law's 
enactment, August 1, 2010.
    The five-year expunction of certain legal enforcement action 
records is not consistent with the Act's amendments to PRIA. Although 
the requirement to maintain the records began on August 1, 2010, the 
FAA last expunged on November 1, 2010, as we began determining which 
records must be kept in order to comply with the law. The November 1, 
2010 expunction covered records from scheduled for expunction during 
October. We will continue to expunge records of administrative actions 
and cases with no enforcement action, as PRIA does not require the FAA 
to put this information in the pilot record database. The FAA will 
determine the full effect of the Act's requirements on the expunction 
policy and will amend its expunction policy accordingly. The details of 
the amended expunction policy will be published in the Federal 
Register.

    Issued in Washington, DC on February 4, 2011.
J. Randolph Babbitt,
Administrator.
[FR Doc. 2011-3101 Filed 2-10-11; 8:45 am]
BILLING CODE 4910-13-P
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