Agency Information Collection Activities: Request for Comments; Clearance of a New Approval of Information Collection: Formal Complaints Collection, 47288-47290 [2020-16966]

Download as PDF 47288 Federal Register / Vol. 85, No. 150 / Tuesday, August 4, 2020 / Notices must be received on or before August 24, 2020. ADDRESSES: Send comments identified by docket number FAA–2018–0525 using any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your comments electronically. • Mail: Send comments to Docket Operations, M–30; U.S. Department of Transportation, 1200 New Jersey Avenue SE, Room W12–140, West Building Ground Floor, Washington, DC 20590–0001. • Hand Delivery or Courier: Take comments to Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC 20590– 0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Fax: Fax comments to Docket Operations at (202) 493–2251. Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to http://www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at http://www.dot.gov/ privacy. Docket Background documents or comments received may be read at http://www.regulations.gov at any time. Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC 20590–0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Nia Daniels, (202) 267–7626, Office of Rulemaking, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591. This notice is published pursuant to 14 CFR 11.85. Issued in Washington, DC, on July 30, 2020. Brandon Roberts, Executive Director, Office of Rulemaking. jbell on DSKJLSW7X2PROD with NOTICES Petition for Exemption Docket No.: FAA–2018–0525. Petitioner: Parks College of Aviation, Engineering and Technology at Saint Louis University. Sections of 14 CFR Affected: § 61.195(h)(2) and (3). Description of Relief Sought: Parks College of Aviation, Engineering and VerDate Sep<11>2014 18:14 Aug 03, 2020 Jkt 250001 Technology at Saint Louis University petitions for an exemption to allow it to conduct approved Title 14 of the Code of Federal Regulations (14 CFR), part 141, Appendix F flight training associated with a first-time flight instructor applicant utilizing instructors who do not meet the requirements of § 61.195(h)(2) and (3). This exemption would not apply to ground training that includes Fundamentals of Instructing, as described in part 141, Appendix F. [FR Doc. 2020–16932 Filed 8–3–20; 8:45 am] BILLING CODE 4910–13–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 Federal Aviation Administration (FAA), DOT. ACTION: Notice and request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995, the FAA invites public comments 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. DATES: Written comments should be submitted by October 5, 2020. ADDRESSES: Please send written comments: By Electronic Docket: www.regulations.gov (Enter docket number into search field). By mail: Cole R. Milliard, Office of the Chief Counsel, AGC–300, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591. By fax: 202–267–5106. 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 SUMMARY: PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 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–XXXX. Title: Formal Complaints Collection. Form Numbers: N/A. Type of Review: New clearance of an existing information collection. Background: The FAA issued a notice of proposed rulemaking (NPRM) to revise 14 CFR part 13. The NPRM 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. E:\FR\FM\04AUN1.SGM 04AUN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 150 / Tuesday, August 4, 2020 / Notices 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 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 1 For this notice, the FAA used updated figures in its estimate from those used in the NPRM. VerDate Sep<11>2014 18:14 Aug 03, 2020 Jkt 250001 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 5page 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 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 (=$24.98 × 1.4557). 5 https://www.gpo.gov/docs/default-source/ gpoexpress-pdf-files/gpo_express_pricelist.pdf. 6 https://www.usps.com/ship/insurance-extraservices.htm. PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 47289 [($.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 6-page complaint with a 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]. 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). E:\FR\FM\04AUN1.SGM 04AUN1 47290 Federal Register / Vol. 85, No. 150 / Tuesday, August 4, 2020 / Notices Issued in Washington, DC, on July 30, 2020. Naomi Carol Tsuda, Assistant Chief Counsel for Enforcement Division. Dated: July 30, 2020. Andrea Gacki, Director, Office of Foreign Assets Control, U.S. Department of the Treasury. [FR Doc. 2020–16966 Filed 8–3–20; 8:45 am] BILLING CODE 4810–AL–P [FR Doc. 2020–16939 Filed 8–3–20; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF THE TREASURY DEPARTMENT OF THE TREASURY Internal Revenue Service Office of Foreign Assets Control Proposed Collection; Comment Request for Form 944, Form 944(SP), Form 944–X, and Form 944–X(SP) Notice of OFAC Sanctions Action Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. AGENCY: Office of Foreign Assets Control, Treasury. ACTION: Notice. AGENCY: The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing an update to the identifying information of one entity currently included on OFAC’s list of Specially Designated Nationals and Blocked Persons (SDN List). DATES: See SUPPLEMENTARY INFORMATION section for applicable date(s). FOR FURTHER INFORMATION CONTACT: OFAC: Associate Director for Global Targeting, tel.: 202–622–2420; Assistant Director for Licensing, tel.: 202–622– 2480; Assistant Director for Regulatory Affairs, tel.: 202–622–4855; or Assistant Director for Sanctions Compliance & Evaluation, tel.: 202–622–2490. SUPPLEMENTARY INFORMATION: SUMMARY: Electronic Availability The Specially Designated Nationals and Blocked Persons List and additional information concerning OFAC sanctions programs are available on OFAC’s website (www.treasury.gov/ofac). Notice of OFAC Action(s) On July 30, 2020, OFAC updated the entry on the SDN List for the following entity, whose property and interests in property continue to be blocked under the Cuban Assets Control Regulations (31 CFR part 515). jbell on DSKJLSW7X2PROD with NOTICES Entity 1. HAVANA INTERNATIONAL BANK, LTD., 20 Ironmonger Lane, London EC2V 8EY, United Kingdom [CUBA]. The listing for the entity now appears as follows: HAVIN BANK LIMITED (a.k.a. HAVANA INTERNATIONAL BANK, LTD), 4th Floor, 189 Marsh Wall, London E14 9SH, United Kingdom; Edificio Atlantic, Oficina 4 H, Calle D No. 8 entre 1ra. y 3ra., Vedado, Plaza de la Revolucion, Havana 10400, Cuba; SWIFT/BIC HAVIGB2L; website www.havanaintbank.co.uk; alt. Website www.hib.uk.com; Company Number 01074897 (United Kingdom) [CUBA]. VerDate Sep<11>2014 18:14 Aug 03, 2020 Jkt 250001 The Internal Revenue Service, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. Currently, the IRS is soliciting comments concerning Form 944, Employer’s Annual Employment Tax Return, Form 944(SP), Declaracion Federal Anual de Impuestos del Patrono o Empleador, and Form 944–X, Adjusted Employer’s Annual Federal Tax Return or Claim for Refund, and 944–X(SP), Ajuste a la Declaracio´n Federal ANUAL del Patrono o Reclamacio´n de Reembolso. DATES: Written comments should be received on or before October 5, 2020 to be assured of consideration. ADDRESSES: Direct all written comments to Kinna Clemons, Internal Revenue Service, Room 6526, 1111 Constitution Avenue NW, Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form and instructions should be directed to LaNita Van Dyke, at (202) 317–6009, at Internal Revenue Service, Room 6526, 1111 Constitution Avenue NW, Washington, DC 20224, or through the internet at Lanita.VanDyke@irs.gov. SUPPLEMENTARY INFORMATION: Title: Employer’s Annual Employment Tax Return. OMB Number: 1545–2007. Form Number: Forms 944, 944(SP), 944–X, and 944–X(SP). Abstract: The information on Form 944 will be collected to ensure the smallest nonagricultural and nonhousehold employers are paying the correct amount of social security tax, Medicare tax, and withheld federal SUMMARY: PO 00000 Frm 00131 Fmt 4703 Sfmt 4703 income tax. Information on line 13 will be used to determine if employers made any required deposits of these taxes. Form 944(SP) is the Spanish version of the Form 944. 944–X and Form 944– X(SP) is used to correct errors made on Form 944. Current Actions: There is no change in the paperwork burden previously approved by OMB. This form is being submitted for renewal purposes only. Type of Review: Extension of a currently approved collection. Affected Public: Individual or households, Businesses and other forprofit organizations, Not-for-profit institutions, and State, Local, and tribal Governments. Estimated Number of Respondents: 137,000. Estimated Time per Respondent: 15 hours 33 minutes. Estimated Total Annual Burden Hours: 2,191,570. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. Request for Comments: Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. E:\FR\FM\04AUN1.SGM 04AUN1

Agencies

[Federal Register Volume 85, Number 150 (Tuesday, August 4, 2020)]
[Notices]
[Pages 47288-47290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16966]


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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.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the 
FAA invites public comments 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.

DATES: Written comments should be submitted by October 5, 2020.

ADDRESSES: Please send written comments:
    By Electronic Docket: www.regulations.gov (Enter docket number into 
search field).
    By mail: Cole R. Milliard, Office of the Chief Counsel, AGC-300, 
Federal Aviation Administration, 800 Independence Avenue SW, 
Washington, DC 20591.
    By fax: 202-267-5106.

FOR FURTHER INFORMATION CONTACT: Cole R. Milliard by email at: 
[email protected]; 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-XXXX.
    Title: Formal Complaints Collection.
    Form Numbers: N/A.
    Type of Review: New clearance of an existing information 
collection.
    Background: The FAA issued a notice of proposed rulemaking (NPRM) 
to revise 14 CFR part 13. The NPRM 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.

[[Page 47289]]

    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 Sec.  13.5 is eight 
hours, broken down as follows. It would take an individual about four 
hours to write a formal complaint acceptable under Sec.  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.
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    \1\ For this notice, the FAA used updated figures in its 
estimate from those used in the NPRM.
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    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 x 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 x 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 x 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\) x 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) x 7].
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    \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 x 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.
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    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 x 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 x 
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 x 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 x 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 6-page complaint with a cover letter at $.10 per 
page + $6.95 first-class certified mail with return receipt) x 7] and 
$100.10 for mailing the agency's determination to both complainants and 
subjects of complaints [2 x ($.20 for a 2-page determination letter at 
$.10 per page + $6.95 first-class certified mail with return receipt) x 
7].
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    \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 x 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).


[[Page 47290]]


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    Issued in Washington, DC, on July 30, 2020.
Naomi Carol Tsuda,
Assistant Chief Counsel for Enforcement Division.
[FR Doc. 2020-16966 Filed 8-3-20; 8:45 am]
BILLING CODE 4910-13-P