Unknown. Notification of enforcement policy
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/register/2022/01/25/2022-01308·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2022-01-25.xml --- 87 16 Tuesday, January 25, 2022 Contents Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Marketing Order of Grapes Grown in Southeastern California, 3699-3702 2022-01306 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: United States Warehouse Act, 3754 2022-01434 Agriculture Department, Office of the Chief Financial Officer Agriculture Department, Office of the Chief Financial Officer NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 3755-3756 2022-01392 Agriculture Agriculture Department See Agricultural Marketing Service See Agriculture Department, Office of the Chief Financial Officer See Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3754-3755 2022-01343 Animal Animal and Plant Health Inspection Service NOTICES Imports: Plums (Prunus domestica) from Chile, 3756-3758 2022-01388 Civil Rights Civil Rights Commission NOTICES Meetings:
Arizona Advisory Committee, 3759 2022-01349 2022-01350 Arkansas Advisory Committee, 3758 2022-01347 Pennsylvania Advisory Committee, 3758-3759 2022-01348 Coast Guard Coast Guard RULES Safety Zone: Potomac River, between Charles County, MD, and King George County, VA, 3656-3658 2022-01415 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3834-3836 2022-01407 2022-01409 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;
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Proposals, Submissions, and Approvals: National Resource Centers' Survey on Diverse Perspectives, 3787 2022-01328 Rehabilitation Services Administration Annual Payback Report, 3787-3788 2022-01385 Applications for New Awards: Technical Assistance and Dissemination to Improve Services and Results for Children with Disabilities; National Technical Assistance Center for Inclusive Practices and Policies, 3788-3795 2022-01353 Meetings: National Advisory Committee on Institutional Quality and Integrity, 3785-3787 2022-01332 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program:
Test Procedure and Energy Conservation Standards for Consumer Products; Consumer Air Cleaners, 3702-3715 2022-01035 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Florida; Removal of Motor Vehicle Rules, 3661-3663 2022-01303 Georgia; 2015 8-Hour Ozone Nonattainment New Source Review Permit Program Requirements, 3677-3679 2022-01299 North Carolina; Mecklenburg Monitoring, Recordkeeping, and Reporting Rule Revisions, 3675-3677 2022-01301 North Carolina;
Mecklenburg: Source Testing, 3663-3666 2022-01302 Pennsylvania; Reasonably Available Control Technology Determinations for Case-by-Case Sources under the 1997 and 2008 8-Hour Ozone National Ambient Air Quality Standards, 3666-3673 2021-27232 South Carolina; Catawba Indian Nation Portion of the Charlotte-Gastonia-Rock Hill Area Limited Maintenance Plan for the 1997 8-Hour Ozone National Ambient Air Quality Standards, 3673-3675 2022-01300 Codification and Incorporation by Reference of Approved State Underground Storage Tank Program:
Kentucky, 3679-3684 2022-01296 Unregulated Contaminant Monitoring Rule for Public Water Systems; Correction, 3679 2022-01383 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: California; San Joaquin Valley Unified Air Pollution Control District, South Coast Air Quality Management District, 3736-3738 2022-00810 Codification and Incorporation by Reference of Approved State Underground Storage Tank Program: Kentucky, 3738-3739 2022-01297 Pesticides:
Certification of Pesticide Applicators; Expiration Date of Certification Plans, 3738 2022-01289 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Establishing Vessel Sewage No-Discharge Zones under Clean Water Act, 3804-3806 2022-01430 National Pollutant Discharge Elimination System Industrial Stormwater Fact Sheet Series, 3803-3804 2022-01382 Requests for Nominations: Experts for the Review of Technical Support Document for the Social Cost of Greenhouse Gases, 3801-3803 2022-01387 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points:
Key Largo, FL, 3645-3646 2022-01280 Philadelphia, PA, 3646-3648 2022-01281 Vicinity of Neosho, MO; Correction, 3645 2022-01360 Prompt Settlement Policy for Legal Enforcement Actions Involving Medical Certificate Related Fraud, Intentional Falsification, Reproduction, or Alteration, 3643-3645 2022-01308 PROPOSED RULES Airworthiness Directives: MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier, Inc.) Airplanes, 3716-3719 2022-01352 NOTICES Petition for Exemption;
Summary: Orbest, SA, 3886 2022-01307 Federal Communications Federal Communications Commission RULES Call Authentication Trust Anchor, 3684-3693 2022-01244 Television Broadcasting Services: Portland, OR, 3693-3694 2022-01311 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3806-3807 2022-01313 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities;
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Proposals, Submissions, and Approvals, 3807-3810 2022-01416 2022-01417 2022-01418 Financial Crimes Financial Crimes Enforcement Network PROPOSED RULES Pilot Program on Sharing of Suspicious Activity Reports and Related Information with Foreign Branches, Subsidiaries, and Affiliates, 3719-3729 2022-01331 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species: Endangered Species Status for Sacramento Mountains Checkerspot Butterfly, 3739-3753 2022-01210 NOTICES Permits, Applications, Issuances, etc.:
Proposed Habitat Conservation Plan for the Ford Ridge Wind Project, Ford County, IL; Categorical Exclusion, 3837-3839 2022-01426 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Establishing and Maintaining Lists of United States Establishments with Interest in Exporting Center for Food Safety and Applied Nutrition-Regulated Products, 3814-3817 2022-01376 Exports Notification and Recordkeeping Requirements, 3811-3812 2022-01372 Guidance on Reagents for Detection of Specific Novel Influenza A Viruses, 3812-3814 2022-01369 Recordkeeping Requirements for Microbiological Testing and Corrective Measures for Bottled Water, 3818-3819 2022-01370 Meetings:
Vaccines and Related Biological Products Advisory Committee, 3817-3818 2022-01368 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Production Activity: BMW Manufacturing Co., LLC (Passenger Motor Vehicles), Foreign-Trade Zone 38, Spartanburg County, SC, 3761 2022-01394 Health and Human Health and Human Services Department See Food and Drug Administration See Indian Health Service See National Institutes of Health Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Indian Health Indian Health Service NOTICES Funding Opportunity:
Tribal Management Grant Program, 3819-3828 2022-01322 Industry Industry and Security Bureau NOTICES Denial of Export Privileges: Khaldoun Hejazi, 3761-3762 2022-01427 Interior Interior Department See Fish and Wildlife Service See National Park Service NOTICES Requests for Nominations: Invasive Species Advisory Committee, 3839-3840 2022-01390 Internal Revenue Internal Revenue Service RULES Guidance: Determining Stock Ownership, 3648-3656 2022-00066 PROPOSED RULES Guidance: Passive Foreign Investment Companies and Controlled Foreign Corporations Held by Domestic Partnerships and S Corporations and Related Person Insurance Income, 3890-3919 2022-00067 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:
Certain Softwood Lumber Products from Canada; Correction, 3762-3763, 3767-3768 2022-01361 2022-01362 Granular Polytetrafluoroethylene Resin from India, 3765-3767, 3772-3774 2022-01338 2022-01339 Granular Polytetrafluoroethylene Resin from the Russian Federation, 3764-3765 2022-01337 Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of Turkey, 3763-3764 2022-01363 Determination of Sales at Less Than Fair Value: Granular Polytetrafluoroethylene Resin from the Russian Federation, 3774-3776 2022-01335 Initiation of Less-Than-Fair-Value Investigations:
Lemon Juice from Brazil and South Africa, 3768-3772 2022-01411 Justice Department Justice Department NOTICES Proposed Consent Decree: CERCLA, 3841 2022-01357 Proposed Settlement Agreement CERCLA, 3841 2022-01356 Labor Department Labor Department See Labor Statistics Bureau Labor Statistics Labor Statistics Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3841-3843 2022-01381 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 3843 2022-01476 National Credit National Credit Union Administration NOTICES Meetings;
Sunshine Act, 3843-3844 2022-01468 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 3829-3833 2022-01358 2022-01365 2022-01421 Diabetes Mellitus Interagency Coordinating Committee, 3830 2022-01345 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 3831, 3834 2022-01419 2022-01423 2022-01424 National Cancer Institute, 3830, 3833 2022-01329 2022-01422 National Heart, Lung, and Blood Institute, 3828 2022-01367 National Human Genome Research Institute, 3832-3833 2022-01359 National Institute of Allergy and Infectious Diseases, 3830-3831 2022-01364 National Institute of Dental and Craniofacial Research, 3833-3834 2022-01420 National Institute of Nursing Research, 3828-3829 2022-01366 Prospective Grant of Exclusive Patent License:
Development and Commercialization of Regulatory T-cell Therapies for the Treatment of Multiple Sclerosis, 3832 2022-01330 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone off Alaska: Pacific Cod by Catcher Vessels Using Trawl Gear in the Central Regulatory Area of the Gulf of Alaska, 3698 2022-01371 Fisheries of the Northeastern United States: Atlantic Deep-Sea Red Crab Fishery; Final 2022 Atlantic Deep-Sea Red Crab Specifications, 3697 2022-01391 Southern Red Hake Rebuilding Plan;
Framework Adjustment 62 to the Small-Mesh Multispecies Fishery Management Plan, 3694-3697 2022-01389 NOTICES Final Management Plan: Kachemak Bay National Estuarine Research Reserve, 3778-3779 2022-01429 Meetings: South Atlantic Fishery Management Council, 3778 2022-01414 Research Track Assessment for Gulf of Maine Haddock, 3776-3778 2022-01425 National Park National Park Service PROPOSED RULES Visitor Experience Improvements Authority Contracts, 3729-3736 2022-01254 NOTICES National Register of Historic Places:
Pending Nominations and Related Actions, 3840-3841 2022-01354 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Exemption: Response to COVID-19 Public Health Emergency, 3851-3852 2022-01373 Facility Operating and Combined Licenses: Applications and Amendments Involving Proposed No Significant Hazards Considerations, etc., 3844-3851 2022-00765 Securities Securities and Exchange Commission NOTICES Application: MSD Investment, LLC, et al., 3852-3860 2022-01334 Self-Regulatory Organizations;
Proposed Rule Changes: Cboe C2 Exchange, Inc., 3860-3865 2022-01324 MIAX Emerald, LLC, 3865 2022-01326 Nasdaq GEMX, LLC, 3866-3869 2022-01325 NYSE Arca, Inc., 3865, 3869-3882 2022-01327 2022-01384 Small Business Small Business Administration NOTICES Disaster Declaration: Alaska, 3882 2022-01341 Colorado, 3883 2022-01342 Tennessee, 3882 2022-01340 State Department State Department NOTICES Privacy Act; Systems of Records, 3883-3885 2022-01346 Request for Expert Review: Intergovernmental Panel on Climate Change Sixth Assessment Synthesis Report, 3885-3886 2022-00811 Transportation Department Transportation Department See Federal Aviation Administration Treasury Treasury Department See Financial Crimes Enforcement Network See Internal Revenue Service Veteran Affairs Veterans Affairs Department NOTICES Veterans and Survivors Pension and Parents' Dependency and Indemnity Compensation Cost of Living Adjustments, 3886-3888 2022-01333 Separate Parts In This Issue Part II Treasury Department, Internal Revenue Service, 3890-3919 2022-00067 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 87 16 Tuesday, January 25, 2022 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Docket No.: FAA-2020-0809] 14 CFR Parts 61, 63, 65, 67, and 107 Amended Prompt Settlement Policy for Legal Enforcement Actions Involving Medical Certificate-Related Fraud, Intentional Falsification, Reproduction, or Alteration AGENCY:
Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notification of enforcement policy. SUMMARY: The FAA is amending its policy for the prompt settlement of legal enforcement actions against individuals who the FAA has found violated regulations prohibiting 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.
Revocation of all airman, ground instructor, and medical certificates is the appropriate sanction for such violations, and FAA regulations prohibit application for a new airman or ground instructor certificate for one year following the effective date of the order of revocation unless the order provides otherwise. The previous version of this policy allowed eligible individuals the opportunity to promptly receive an emergency order of revocation and, thereby, apply for a new airman or ground instructor certificate sooner than in the absence of that policy; however, that policy required a one-year wait period from the effective date of the order before an individual could apply for a new certificate.
This amended policy will still ensure that eligible individuals promptly receive an emergency order of revocation, but the order will allow them the opportunity to apply for a new airman or ground instructor certificate after nine months from the effective date of the order. DATES: This notification of enforcement policy is effective January 31, 2022. 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.* SUPPLEMENTARY INFORMATION: Background On September 30, 2020, the FAA's prompt settlement policy (2020 PSP) relating to violations of 14 CFR 67.403(a)(1) through
(4)1 went into effect. 2 Under the 2020 PSP, an individual subject to legal enforcement action based on a violation 14 CFR 67.403 had the opportunity to enter into a settlement agreement providing for the prompt issuance of an emergency order revoking the individual's airman, ground instructor, and medical certificates. The prompt issuance of the order afforded eligible individuals the opportunity to apply for a new airman certificate under 14 CFR parts 61, 63, and 65, or a new ground instructor certificate under 14 CFR part 61, sooner than in the absence of such a policy. 3 1 Under 14 CFR 67.403(a)(1) through (4), a person is prohibited from making or causing to be made:
(1)A fraudulent or intentionally false statement on any application for a medical certificate or on a request for any Authorization for Special Issuance of a Medical Certificate (Authorization) or Statement of Demonstrated Ability (SODA);
(2)a fraudulent or intentionally false entry in any logbook, record, or report that is kept, made, or used to show compliance with any requirement for any medical certificate or for any Authorization or SODA;
(3)a reproduction, for fraudulent purposes, of any medical certificate; or
(4)an alteration of any medical certificate. 2 Settlement Policy for Legal Enforcement Actions Involving Medical Certificate-Related Fraud, Intentional Falsification, Reproduction, or Alteration, 85 FR 60057 (Sept. 24, 2020). 3 Individuals were eligible for the 2020 PSP when there was no question about their qualification to hold a part 61, 63, or 65 certificate other than that presented by the 14 CFR 67.403(a)(1) through
(4)violation and when they had no previous violations of 14 CFR 67.403(a)(1) through (4). The 2020 PSP noted that the revocation of all airman, ground instructor, and medical certificates is the appropriate sanction for violations of 14 CFR 67.403(a)(1) through (4). 4 It also explained that 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, ground instructor, and medical certificates can be lengthy. In this regard, the 2020 PSP stated that the timing between the FAA's discovery of an apparent violation of 14 CFR 67.403(a)(1) through
(4)and the issuance of an order of revocation is affected by the time required to complete a full investigation and multi-tiered case review. In addition, the 2020 PSP noted that 14 CFR parts 61, 63, and 65 prohibit 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 unless the order provides otherwise. 5 The 2020 PSP provided that individuals would still be subject to the one-year post-revocation bar for applications for new airman or ground instructor certificates but would have the opportunity to apply for such certificates sooner than without the policy because much of the investigation and case review process would be abbreviated or eliminated. 4 Under 14 CFR 67.403(b)(1) and (2), a violation of 14 CFR 67.403(a)(1) through
(4)is a basis for suspending or revoking all airman, ground instructor, and medical certificates and ratings held by the violator and withdrawing all Authorizations or SODA's held by the violator. *See also* FAA Order 2150.3C, chap. 9, para. 8 (certificate revocation is appropriate for a violation of 14 CFR 67.403(a)(1) through
(4)since such a violation demonstrates a lack of qualification to hold a certificate). 5 *See* 14 CFR 61.13(d)(2), 63.11(d), and 65.11(d)(1) and (2). The one-year application restriction applicable to revoked 14 CFR parts 61, 63, and 65 certificates does not apply to certificates issued under 14 CFR part 67 or 107. The amendment to the 2020 PSP announced in this document will afford eligible individuals who the FAA has found violated 14 CFR 67.403(a)(1) through
(4)the opportunity to promptly receive an emergency order revoking any airman, ground instructor, and medical certificate they hold and to apply for a new 14 CFR part 61, 63, or 65 certificate after nine months from the effective date of the order. 6 Not only will this amendment reduce the one-year post-revocation bar related to the application for new 14 CFR part 61, 63, or 65 certificates to nine months, it will continue the 2020 PSP's features of promptness in issuing emergency orders and predictability associated with settlement agreements. 6 If a certificate revoked by the order was issued under:
(1)14 CFR part 61, the waiting period will apply to all certificates issued under 14 CFR part 61;
(2)14 CFR part 63, the waiting period will apply to the kind of part 63 certificate revoked;
(3)14 CFR part 65, and that certificate was a mechanic or repairman certificate, the waiting period will apply to both kinds certificates; or
(4)14 CFR part 65, and that certificate was an air traffic control tower operator, aircraft dispatcher, or parachute rigger certificate, the waiting period will apply to the same kind of certificate revoked. Like the 2020 PSP, this amended policy will also apply when any controlled substance conviction or motor vehicle action that is the basis for a violation of 14 CFR 61.15(a), (d), or
(e)also forms the basis for an intentional falsification violation under 14 CFR 67.403(a)(1). 7 For example, the policy will apply to
(1)violations of 14 CFR 67.403(a)(1) and 14 CFR 61.15(e) when the violations were related to the same driving under the influence conviction;
(2)violations of 14 CFR 67.403(a)(1) and 14 CFR 61.15(a) when the violations were related to the same controlled substance conviction; and
(3)violations of 14 CFR 67.403(a)(1) and 14 CFR 61.15(d) and
(e)when the violations were related to the same motor vehicle action or actions. 7 Under 14 CFR 61.15(a), a conviction for the violation of any Federal or State statute relating to the growing, processing, manufacture, sale, disposition, possession, transportation, or importation of narcotic drugs, marijuana, or depressant or stimulant drugs or substances is grounds for suspension or revocation of any certificate, rating, or authorization issued under 14 CFR part 61. Under 14 CFR 61.15(d), except for a motor vehicle action that results from the same incident or arises out of the same factual circumstances, a motor vehicle action occurring within three years of a previous motor vehicle action is grounds for suspension or revocation of any certificate, rating, or authorization issued under 14 CFR part 61. Under 14 CFR 61.15(e), each person holding a certificate issued under this part shall provide a written report of each motor vehicle action to the FAA not later than 60 days after the motor vehicle action. Statement of Policy Under this amended prompt settlement policy, the FAA will send an eligible individual who is the subject of an investigation for an apparent violation of 14 CFR 67.403(a)(1) through
(4)a letter of investigation
(LOI)that will offer the individual the opportunity to enter into a settlement agreement. The settlement agreement will provide for the prompt issuance of an emergency order
(1)revoking all airman, ground instructor, and medical certificates the individual holds;
(2)requiring the immediate surrender of the affected certificates; and
(3)allowing application for a new airman or ground instructor after nine months from the effective date of the order. The settlement agreement will require the individual to waive any right to appeal from the order. Both certificate holders who are reasonably able to exercise the privileges of any airman or ground instructor certificate they hold or certificate holders who are not reasonably able to exercise such privileges may enter into a settlement agreement under this amended policy. 8 8 The FAA generally takes emergency certificate action when
(i)the certificate holder lacks qualifications, there is a reasonable basis to question whether the certificate holder is qualified to hold the certificate, or the certificate holder does not comply with statutory or regulatory requirements to cooperate with the FAA; and
(ii)the certificate holder is reasonably able to exercise the privileges of the certificate. *See* Order 2150.3C, chap. 7, para. 4.a.(2). The FAA generally issues notices proposing certificate action (rather than emergency certificate actions) when only the first criterion is met, *e.g.,* the certificate holder lacks qualifications. For example, the FAA generally issues a notice proposing certificate action involving the revocation of a pilot certificate when the certificate holder only holds a pilot certificate and is required to but does not hold a valid medical certificate. For the limited purposes of this amended policy, individuals who are not reasonably able to exercise the privileges of any airman certificate they hold may enter into a settlement agreement for the issuance of an emergency order of revocation as described herein. This amended policy will apply when any controlled substance conviction or motor vehicle action that was the basis for a violation of 14 CFR 61.15(a), (d), or
(e)also forms the basis for an intentional falsification violation under 14 CFR 67.403(a)(1). Under this amended policy, the FAA will include in the LOI notification to individuals that they may contact the applicable program office within ten days of receipt of the LOI to request consideration under the prompt settlement policy. Following an individual's request to be considered under this amended policy, the FAA will determine the individual's eligibility for the policy. Individuals will be eligible for the policy if there is no basis other than that presented by the 14 CFR 67.403(a)(1) through
(4)(or 14 CFR 61.15, if applicable) violations to question their qualification to hold a part 61, 63, or 65 certificate and the FAA has found they have not previously violated 14 CFR 67.403(a)(1) through (4). If the FAA deems an individual is eligible for this amended policy, the Chief Counsel, or Chief Counsel's designee, will provide the individual, or his or her legal representative, a formal agreement that sets forth the conditions for prompt settlement. The terms of this settlement agreement will normally include the following provisions.
(1)The parties must execute the settlement agreement within ten days after the FAA sends the agreement to the individual.
(2)The FAA will issue an emergency order revoking all airman, ground instructor, and unexpired medical certificates the individual holds immediately upon receiving the fully executed settlement agreement.
(3)The emergency order of revocation will
(i)require the immediate surrender of all airman, ground instructor, and unexpired medical certificates the individual holds to agency counsel;
(ii)notify the individual that the failure to immediately surrender these certificates could subject the individual to further legal enforcement action, including a civil penalty; and
(iii)inform the individual that the FAA will not accept an application for a new airman certificate under 14 CFR part 61, 63, or 65, or ground instructor certificate under 14 CFR part 61, for a period of nine months from the effective date of the order. *See* fn.6 for details regarding certificate application waiting periods.
(4)The individual will waive all appeal rights from the emergency order of revocation.
(5)The individual acknowledges that this agreement only concerns this enforcement action brought by the FAA and does not affect any action that might be brought by State or other Federal agencies (whether civil or criminal), and that this agreement does not prevent the FAA from providing information about this matter to State or other Federal agencies.
(6)The parties will agree to bear their own costs and attorney fees, if any, in connection with the matter.
(7)The individual will agree to not initiate any litigation before any court, tribunal, or administrative entity concerning any costs, damages, or attorney fees, including applications under the Equal Access to Justice Act, incurred as a result of the above-referenced matter.
(8)The individual will agree to waive any and all causes of action against the FAA and its current and/or former officials and employees relating to the above-referenced matter. This amended policy will allow eligible individuals to more quickly apply for new 14 CFR parts 61, 63, and 65 certificates following a violation of 14 CFR 67.403(a)(1) through (4). It also reduces uncertainty about the date of issuance of emergency orders of revocation related to such violations, eliminates the unpredictability of litigation, and promotes better resource allocation. Issued in Washington, DC, on January 19, 2022. Cynthia A. Dominik, Assistant Chief Counsel for Enforcement. [FR Doc. 2022-01308 Filed 1-24-22; 8:45 am]
Connectionstraces to 2
7 references not yet in our index
- 14 CFR 67.403(a)(1)
- 14 CFR 67.403
- 14 CFR 61
- 14 CFR 67.403(b)(1)
- 14 CFR 67
- 14 CFR 63
- 14 CFR 65
Citation graph
cites case law
Unknown
Notification of enforcement policy
Cite14 CFR 67.403(a)(1)
Cite14 CFR 67.403
Cite14 CFR 61
Cite14 CFR 67.403(b)(1)
Cite14 CFR 67
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