Agency Information Collection Activities: Request for Comments; Clearance of a New Approval of Information Collection: Formal Complaints Collection, 47288-47290 [2020-16966]
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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
https://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
https://www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
Docket Background documents or
comments received may be read at
https://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.
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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
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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:
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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.
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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.
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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 (=$24.98 × 1.4557).
5 https://www.gpo.gov/docs/default-source/
gpoexpress-pdf-files/gpo_express_pricelist.pdf.
6 https://www.usps.com/ship/insurance-extraservices.htm.
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47289
[($.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).
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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].
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18:14 Aug 03, 2020
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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:
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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.
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]]>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]
-----------------------------------------------------------------------
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, 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.
---------------------------------------------------------------------------
\1\ For this notice, the FAA used updated figures in its
estimate from those used in the NPRM.
---------------------------------------------------------------------------
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
