Federal Aviation

Administration

Chief Counsel

Fiscal Year 2013 Business Plan

HQ-121501
12/10/2012 Page 1 of 19 FY2013 AGC Business Plan 

FY2013 AGC Business Plan

December 10, 2012 12:52 PM

The Office of the Chief Counsel (AGC) furnishes legal 

services to the FAA Administrator and all agency 

organizations worldwide. Our primary functions are 

providing legal advice, reviewing agency action for legal 

sufficiency, and providing representational services. AGC's 

principal legal practice areas include: rulemaking, 

regulatory enforcement, acquisition and commercial law, 

airport and environmental law, personnel and labor law, 

tort and other administrative litigation, international law, 

legislation and laws applicable generally to the executive 

branch (e.g., Ethics, Freedom of Information Act (FOIA) 

and Privacy Act compliance). AGC attorneys represent the 

agency in a variety of forums, including the National 

Transportation Safety Board (NTSB), the Merit Systems 

Protection Board (MSPB), the Equal Employment 

Opportunity Commission (EEOC), Department of 

Transportation Administrative Law Judges, and the United 

States federal courts. AGC also works closely with the 

Office of the General Counsel of the Department of 

Transportation on issues that are common to modal 

administrations or that are of national significance to the 

aviation industry. In addition to traditional legal services, 

AGC is responsible for two distinct internal FAA 

adjudicative functions. First, the Office of Dispute 

Resolution for Acquisition (ODRA), serves as the 

Administrator's adjudicatory body in acquisition-related 

matters. Second, a discrete segment of the office supports 

the FAA's civil penalty adjudication function by serving as 

a confidential advisor to the Administrator in his capacity 

as the Civil Penalty Program Decision-maker. (Title 49, 

United States Code, ' 46301). 

Next Level of Safety

The Office of the Chief Counsel (AGC) supports the FAA's 

objective of increased safety primarily through our 

rulemaking activity, regulatory enforcement activity, and 

vigorous defense of the agency in various types of 

litigation. FAA safety regulations are one of the agency's 

primary means of ensuring safety in air commerce and 

commercial space. AGC plays a key role in the FAA's 

rulemaking activities by ensuring that rules meet legal 

standards and by assisting the agency in completing 

critical safety rules on schedule. AGC attorneys participate 

on rulemaking teams, review draft regulations for legal 

sufficiency, and provide advice on the legality of 

regulations, orders, petitions for exemption, airspace 

actions and obstruction determinations. We also provide 

interpretations of FAA regulations to internal agency 

officials and members of the public. 

Regulatory enforcement is a core safety activity. AGC 

attorneys prosecute all manner of enforcement cases 

referred by the Flight Standards Service, Aircraft 

Certification Service, the Office of Aerospace Medicine, 

the Office of Security and Hazardous Materials, the Office 

of Airports, and the Office of Commercial Space 

Transportation. Our attorneys represent the FAA on such 

matters before the NTSB, the FAA Decision-maker, and 

the federal courts. Proactively, we provide legal advice and 

policy guidance on the FAA's various voluntary safety 

programs, such as the Aviation Safety Action Program 

(ASAP), Voluntary Disclosure Reporting Program (VDRP), 

and Flight Operational Quality Assurance (FOQA) 

program. 

The litigation staff defends the agency in all phases of 

aircraft accident litigation and represents the agency in 

various other actions. AGC attorneys provide advice 

during aircraft accident investigations and defend the 

agency in associated litigation; evaluate tort claims; secure 

Department of Justice (DOJ) representation for FAA 

employees sued in an individual capacity; assist DOJ in 

defending wrongful death, personal injury and property 

damage lawsuits; represent the FAA before federal courts, 

including courts of appeals on petitions to review agency 

orders; and handle requests for employee testimony in 

private litigation matters. The Civil Penalty staff advises 

the Administrator, in his capacity as Decision-maker on 

cases appealed from decisions issued by Administrative 

Law Judges (ALJs).

Strategic Measure: Commercial 

Air Carrier Fatality Rate

Reduce the commercial air carrier fatalities per 100 million 

persons on board by 24 percent over 9-year period (2010-

2018). No more than 6.2 in 2018 FY13 Target: 7.4

Strategic Initiative: Rulemaking 

Issue all necessary rules in a timely manner.

Strategic Activity: Rule Submission

Send critical safety rules to the Office of the Secretary 

of Transportation within 90 days of the planned date.

Activity Target 1:

Submit to OST 85% of safety critical (Significant) 

rules that are controversial in nature and/or which 

may impose a large economic burden on the 

regulated parties and issue any other (nonsignificant) safety critical rules within 90 days of 

the Council-approved schedule date. Due 

September 30, 2013

Activity Target 2:

Issue 85% of the non-significant rules approved by 
12/10/2012 Page 2 of 19 FY2013 AGC Business Plan 

the Council within 90 days of the scheduled date. 

Due September 30, 2013

Strategic Measure: General 

Aviation Fatal Accident Rate

Reduce the general aviation fatal accident rate to no more 

than 1 fatal accident per 100,000 flight hours by 2018. 

FY13 Target: 1.06

Strategic Initiative: General Aviation 

Surveillance 

Conduct routine surveillance activities to identify 

weaknesses, analyze root causes of system 

deficiencies, examine safety trends, regulatory 

deficiencies and safety management development in 

order to become more proactive in our approach to 

safety in General Aviation Aircraft.

Strategic Activity: Legal Support for UAS 

Test Range Program

90% of all UAS test Range solicitation, selection, or 

administration matters submitted to AGC-500 will 

receive legal review within 10 days with 100% 

substantive accuracy.

Activity Target 1:

90% of all UAS test Range solicitation, selection, 

or administration matters submitted to AGC-500 

will receive legal review within 10 days with 100% 

substantive accuracy. Due September 30, 2013

Core Measure: Continuity of 

Operations

The FAA Continuity Program is a risk-management effort 

designed to ensure the FAA is capable of continuing its 

mission under all circumstances. The program ensures 

that the FAA has the means -- prepared leadership and 

staff, facilities, and communications -- in place to execute 

FAA Mission Essential Functions across the spectrum of 

potential disruptions, from natural disasters to manmade 

disasters or attacks.

Core Initiative: Emergency 

Operations and Crisis Management 

Integration 

Integrate agency-wide emergency operations and crisis 

management by improving information flow among FAA 

Lines of Business and staff offices.

Core Activity: Provide legal support to 

FAA's emergency operations planning 

and response efforts

Provide legal support to FAA's emergency operations 

planning and response efforts.

Activity Target 1:

Provide legal support for annual emergency 

operations conferences with emergency planners 

and CROC/ROC managers and HQ/Regional 

exercise. All legal support required will be 

provided prior to scheduled conferences, with 

continuing support at the conference. Due 

September 30, 2013

Core Measure: Rulemaking Legal 

Services

Assist Office of Rulemaking and program offices to 

provide regulatory legal services in accordance with 

Destination 2025 and client priorities.

Core Initiative: Support Agency 

Rulemaking Activity 

Support Agency rulemaking activities and improvements 

by ensuring rules meet legal standards.

Core Activity: Provide Legal Services on 

Agency Rulemaking Initiatives in 

Accordance With Agency Priorities

Provide legal advice, representation, policy guidance, 

and legal sufficiency reviews relating to rulemaking.

Activity Target 1:

Provide legal services on rulemaking documents 

and related guidance material. Due September 13, 

2013

Core Activity: Evaluate Effectiveness of 

Legal Services on Agency Rulemaking 

Initiatives

Ensure through regular formal meetings, that legal 

services are provided in a manner that reflects the 

priorities of the Administrator, Destination 2025 and 

AGC;s primary clients.

Activity Target 1:

Meet regularly with primary clients to formally 

identify priorities, address type of legal support 

needed to advance the projects, obtain client 

feedback on support provided and reassess 

service being provided, as appropriate. Due 

September 30, 2013

Core Measure: Compliance and 

Enforcement
12/10/2012 Page 3 of 19 FY2013 AGC Business Plan 

Prioritize and prosecute enforcement actions timely in 

accordance with the agency's safety goals by taking the 

first legal action on 80% of the number of cases received 

between July 1, 2012 and June 15, 2013 and conducting 

50% of informal conferences within 90 days of receipt of a 

respondent's request and 75% of informal conferences 

within 180 days.

Core Initiative: Legal Services 

Supporting the Agency Compliance 

and Enforcement Program 

Provide legal support for the compliance and 

enforcement activities of AVS, ASH, ARP, and AST, 

which include representing the agency before the NTSB, 

FAA Decisionmaker and the federal courts, providing 

timely and effective legal advice and policy document 

review in support of enforcement activities, and assisting 

with training that improves the effectiveness of the 

agency's enforcement program

Core Activity: Timely Prosecute Legal 

Enforcement Actions

Prosecute enforcement actions timely and efficiently 

in support of agency safety activities by taking the first 

legal action on 80% of the number of cases received 

in AGC between July 1, 2012 and June 15, 2013.

Activity Target 1:

Take the first legal action (initiate case, transmit 

case alert to headquarters, return case to program 

office, or close case) on 80% of the number of 

cases received in AGC between July 1, 2012 and 

June 15, 2013. Due September 15, 2013

Activity Target 2:

Monitor and report results for each Regional 

Counsel Office, Aeronautical Center, AGC-300 

and AGC-wide. Mid year report due on April 15, 

2013, and final report due September 25, 2013. 

Due September 15, 2013

Core Activity: Efficient Processing of 

Enforcement Actions

Process legal enforcement cases efficiently by timely 

conducting 50% of informal conferences within 90 

days of receipt of a respondent's request and 75% 

within 180 days

Activity Target 1:

Conduct 50% of informal conferences within 90 

days of receipt of a respondent's request and 75% 

within 180 days. Due September 15, 2013

Activity Target 2:

Monitor and report results for each Regional 

Counsel Office, Aeronautical Center, AGC-300 

and AGC-wide. Due quarterly and final report on 

September 25, 2013. Due September 25, 2013

Core Activity: Processing Cases to Avoid 

Enforcement Case Backlog

Complete cases so that the percentage ratio of cases 

completed is at least 60% of the number of cases 

received.

Activity Target 1:

Complete cases, i.e., take the last legal action, so 

that the percentage ratio of cases completed is at 

least 60% of the number of cases received. Due 

September 15, 2013

Activity Target 2:

Monitor and report results for each Regional 

Counsel Office, Aeronautical Center, AGC-300 

and AGC-wide. Due quarterly and final report on 

September 25, 2013. Due September 25, 2013

Core Activity: Efficient Coordination and 

Approval of Significant Enforcement 

Actions

Efficiently process the coordination and approval of 

significant enforcement actions within the FAA 

Headquarters.

Activity Target 1:

Submit to the program office for concurrence 70% 

of enforcement alerts within 45 days of receipt by 

AGC-300. Due September 30, 2013

Core Activity: Enhance Legal

Representation

Publish enforcement newsletter and evaluate 

selected enforcement activity.

Activity Target 1:

Publish enforcement newsletter four times each 

year. Due September 30, 2013

Activity Target 2:

Select enforcement activity for evaluation, conduct

evaluation, and provide feedback. Due September 

15, 2013

Activity Target 3:

Meet quarterly with primary client offices to 

provide and receive feedback. Due September 15, 

2013

Core Activity: Refresher Training for 

Enforcement Investigative Personnel
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Provide refresher training to enforcement 

investigative personnel.

Activity Target 1:

Consult with enforcement client offices to 

determine which offices will support refresher 

training for its investigative personnel Due October 

31, 2012

Activity Target 2:

Provide training to personnel from 25% of 

participating offices. Due September 15, 2013

Core Activity: Compliance and 

Enforcement Training for AVS

Provide support for AVS's Compliance and 

Enforcement training for new inspectors.

Activity Target 1:

To the extent practicable, provide instructors for 

the legal portions of AVS's Compliance and 

Enforcement Training for new inspectors and 

Advanced Recurrent Compliance and 

Enforcement Training for experienced inspectors. 

Due September 30, 2013

Core Activity: FAA Order 2150.3B

Reconcile FAA Order 2150.3B, Compliance and 

Enforcement Program and FAA Order 8900.1, Flight 

Standards Information Management System (FSIMS).

Activity Target 1:

Consult with primary client offices and regional 

counsel to determine whether changes are 

needed to Order 2150.3B. Due January 10, 2013

Activity Target 2:

Submit selected changes to Order 2150.3B for 

final coordination. Due September 15, 2013

Core Measure: Tort Litigation 

Services

Review claims submitted under the Federal Tort Claims 

Act and complete claims analysis within 6 months of 

receipt for 60% of the unsettled claims.

Core Initiative: Tort Litigation 

Support 

Provide representational legal services on all phases of 

tort litigation.

Core Activity: Tort Litigation Support

Ensure that tort litigation services are provided in a 

timely manner.

Activity Target 1:

Complete the claims analysis within 6 months of 

the receipt of the claim or within 6 months of 

when, in the absence of a settlement, the claim file 

is complete and sufficient factual information is 

available. Due September 30, 2013

Activity Target 2:

Prepare proposed answers or response as 

requested by the Department of Justice, if DOJ 

has assumed control of a matter otherwise, within 

50 days of filing of complaint. Due September 30, 

2013

Core Activity: Training

Provide training concerning the Federal Tort Claims 

Act.

Activity Target 1:

Provide training concerning the Federal Tort 

Claims Act to other FAA staff offices and lines of 

business and to the Transportation Safety Institute 

as requested, on a funds and personnel available 

basis. Due September 30, 2013

Core Measure: AVS Core 

Delegation

Management of FAA's critically important Designee 

program includes the advancement of innovative 

delegation programs and overseeing of FAA approved 

designees as they conduct inspections and certifications 

of people, equipment, and organizations.

Core Initiative: Oversee Designees 

Oversee FAA approved designees as they conduct 

inspections and certifications of people, equipment, and 

organizations.

Core Activity: Legal Training for Aviation 

Medical Examiners

As part of the oversight of designees, ensure that 1, 

000 Aviation Medical Examiners receive training on 

legal matters as part of their training.

Activity Target 1:

As part of the oversight of designees, ensure that 

1,000 Aviation Medical Examiners receive training 

on legal matters as part of their training. Due 

September 30, 2013

Core Measure: Regulatory Legal 

Services

Provide legal analysis of agency regulation to Office of 

Rulemaking and program offices and provide the 
12/10/2012 Page 5 of 19 FY2013 AGC Business Plan 

regulated community with timely guidance on regulations 

by completing 60% of public requests for regulatory 

interpretations within 120 days of receipt.

Core Initiative: Provide Legal 

Analysis of Agency Documents 

Associated with Existing Regulations 

Provide legal analysis of agency responses to 

exemptions from regulatory requirements to Office of 

Rulemaking and program offices by completing review 

of 80% of exemption responses within 30 days of 

receipt.

Core Activity: Provide Legal Review of 

Agency Grants and Denials of 

exemptions from Regulatory 

Requirements

Provide program offices with timely legal review of 

grants and denials of exemptions from the agency's 

existing regulatory requirements in accordance with 

criteria set forth by statute in 14 CFR Part 11.

Activity Target 1:

Within 30 days of receipt, provide legal 

concurrence or return document to program office 

with detailed explanation of why document is not 

legally sufficient for 80% of the exemptions 

submitted to AGC for review in FY 13. Due 

September 30, 2013

Core Activity: Provide Legal Review of 

Agency Guidance and Advisory Materials

Provide legal concurrence or return document to 

program office with an explanation of why the 

document is not legally sufficient.

Activity Target 1:

Complete review within timeframes requested to 

the extent possible based on other priorities. If 

program office has designated insufficient time for 

adequate legal review, attorney is to notify the 

program office and let it know when legal review 

will be complete. Due September 30, 2013

Core Initiative: Provide Regulated 

Community with Guidance on 

Agency Regulations 

Provide regulated community with timely and publicly 

available guidance in response to requests for 

interpretations of FAA regulations.

Core Activity: Enforcement Program 

Implications

Provide initial response regarding implications on the 

enforcement program of a request for interpretation 

with 5 business days of request from AGC-200.

Activity Target 1:

Within 5 days of a request from AGC-200 provide 

initial response to AGC-200 on whether a request 

for interpretation relates to an ongoing 

enforcement action. Due September 30, 2013

Core Activity: Statutory Interpretation and 

Preemption

Provide an initial response on questions of statutory 

interpretation and preemption with 5 business days of 

a request from AGC-200.

Activity Target 1:

Within 5 business days of a request from AGC200 provide an initial response to AGC-200 on 

questions of statutory interpretation and 

preemption Due September 30, 2013

Core Activity: Respond to Requests By 

The Public For Legal Interpretations Of 

Agency Regulations

Provide regulated community with timely guidance in 

response to public requests for interpretations of FAA 

regulations. Respond to 60% of requests for 

interpretation within 120 days of receipt in FY2013. In 

cases where the Agency decides not answer the 

request, a "no-response" letter will be sent within 120 

days, consistent with performance metric.

Activity Target 1:

Respond to 60% of requests for interpretation 

within 120 days of receipt in FY2013. In cases 

where the Agency decides not answer the request, 

a "no-response" letter will be sent within 120 days, 

consistent with performance metric. Due 

September 30, 2013

Activity Target 2:

Have legal interpretations of agency regulations 

placed on the FAA website within 10 business 

days of issuance. Responses to legal 

interpretations requested by program offices will 

be posted on the website when not otherwise 

contrary to the agency's interest and the response 

addresses a matter that could directly impact 

regulated parties. Due September 30, 2013

Core Measure: Agency Tort 

Liability Analysis
12/10/2012 Page 6 of 19 FY2013 AGC Business Plan 

Monitor the Agency's contingent liability and keep the 

Chief Counsel and Administrator apprised of potential 

agency exposure and prepare quarterly reports.

Core Initiative: Agency Tort Liability 

Analysis 

Assessment of potential agency exposure and monitor 

the Agency's contingent liability.

Core Activity: Contingent Liability

Monitor the Agency's contingent liability and keeps 

the Chief Counsel and Administrator apprised of 

potential agency exposure.

Activity Target 1:

Coordinate with Financial Management Services 

(AFM) litigation liability response. Due September 

30, 2013

Activity Target 2:

Complete report to meet quarterly deadline and, 

as necessary, keep the Administrator, Deputy 

Administrator and ATO apprised of significant 

changes and potential future liability likely to affect 

the agency. Due September 30, 2013

Core Measure: Civil Penalty 

Appeal Decisions

Complete draft decisions for the Administrator, or other 

decision-maker, for civil penalty appeals within 180 days 

of the receipt of the last brief in 60% of the appeals.

Core Initiative: Civil Penalty Appeal 

Decisions 

Prepare draft civil penalty decisions within 180 days of 

the receipt of the last brief in 60% of the appeals.

Core Activity: Preparation of Draft 

Decisions for Civil Penalty Appeals

Provide timely draft civil penalty decisions to AGC-1.

Activity Target 1:

Complete draft decisions for civil penalty appeals 

within 180 days of the receipt of the last brief in 60 

percent of the appeals. Due September 30, 2013

Aviation Access

The Office of the Chief Counsel (AGC) supports the 

agency's objective of maximizing access to the aviation 

system in two critical ways. First, AGC plays a vital role in 

advising program offices on the legal and environmental 

implications of programs that enhance airport and airspace 

capacity and defending the agency's choice of action. 

Second, AGC provides legal support to program offices 

responsible for acquiring safety and capacity enhancing 

equipment, services and technology. 

AGC attorneys provide legal advice, litigation support, 

policy and regulatory guidance, and legal sufficiency 

reviews related to environmental review of airport capacity 

and capacity-related projects, administration of the airport 

improvement program, funding of runway expansion and 

safety projects, redesign of the airspace surrounding 

airports in major metropolitan areas, and streamlined 

environmental review and compliance. 

AGC attorneys in our acquisition and commercial law 

practice area assist clients in acquiring safety and capacity 

enhancing equipment and services, as well as, the 

intellectual and real property needed to support 

Destination 2025 initiatives and other high priority projects. 

The attorneys support all high value agency procurement 

activities; advise on grants, cooperative agreements, and 

other transaction agreements; and represent the Agency in 

acquisition related litigation and disputes. The acquisition 

attorneys also provide the fiscal and commercial law 

services needed to support the agency's information 

security requirements, export control compliance, 

bankruptcy cases, antitrust issues, real estate activity and 

appropriations matters. 

The Office of Dispute Resolution for Acquisition ("ODRA") 

is an independently operating adjudicatory authority 

comprised of administrative judges. The ODRA safeguards 

the quality and integrity of the Agency's acquisition and 

contract administration processes by fulfilling its statutory 

mandate as the sole administrative tribunal authorized to 

decide or resolve all bid protests and contract disputes on 

behalf of the FAA administrator under the FAA's 

Acquisition Management System. In addition, the ODRA 

Director serves as the Agency's Dispute Resolution 

Specialist pursuant to the Administrative Dispute 

Resolution Act of 1997.

Strategic Measure: Performance 

Based Navigation

Optimize airspace and Performance Based Navigation 

(PBN) procedures to improve efficiency an average of 10 

percent across core airports by 2018. FY13 Target: 0.05%

Strategic Initiative: Airspace 

Optimization (Metroplex) 

Optimize airspace and procedures in the Metroplex.

Strategic Activity: Airspace Optimization 

(Metroplex)

Responsible for the Optimization of Airspace and 

Procedures in the Metroplex (OAPM) project. The 
12/10/2012 Page 7 of 19 FY2013 AGC Business Plan 

Airspace Optimization Group will begin integrated 

airspace design and associated activities, including 

traffic flow analysis and facilitated design and 

procedures optimization. This will lay the framework 

for accelerating Performance Based Navigation 

(PBN) initiatives, taking a systems approach for 

airspace design and procedure implementation. This 

project is focused on operational optimization, 

delivering key efficiencies for the nation's busiest 

metropolitan areas within 2-3 years once work begins 

at each site.

Activity Target 1:

Provide advice to expedite and streamline 

environmental reviews for OAPM projects and 

other proposed RNAV/RNP procedures in 

accordance with Section 213 of the FAA

Modernization and Reform Act. Due September 

30, 2013

Activity Target 2:

Complete legal review within 30 calendar days of 

receipt of technically adequate and complete 

environmental assessments for OAPM projects 

and other proposed RNAV/RNP procedures. Due 

September 30, 2013

Strategic Measure: Average Daily 

Capacity

Maintain an average daily airport capacity for Core 

Airports of 86,835 arrivals and departures per day through 

FY 2016. FY13 Target: 86,835

Strategic Initiative: CapacityEnhancing Policies 

Work with the aviation community to establish the most 

feasible policies to enhance capacity and manage 

congestion.

Strategic Activity: Orders, regulations 

and legislative proposal support

Analyze capacity and congestion policy implications 

of NextGen near-term and mid-term improvements.

Activity Target 1:

Review new and current agreements for legal 

sufficiency with airports and/or airlines regarding 

NextGen-related capacity enhancements, 

congestion reduction and delay mitigation as 

needed. Due September 30, 2013

Activity Target 2:

Provide legal drafting, analysis and other technical 

assistance on draft orders, regulations and 

legislative proposals as needed. Due September 

30, 2013

Core Measure: CapacityEnhancing Policies

Work with the aviation community to establish the most 

feasible policies to enhance capacity and manage 

congestion.

Core Initiative: Orders, regulations 

and legislative proposal support 

Analyze capacity and congestion policy implications of 

NextGen near-term and mid-term improvements.

Core Activity: Congestion management 

solutions in the New York Area

Implement congestion management solutions in the 

New York Area.

Activity Target 1:

Provide support for orders, regulations or 

legislation rulemaking to address congestion at the 

New York Metro airports as needed. Due 

September 30, 2013

Activity Target 2:

Manage slot allocation program as needed. Due 

September 30, 2013

Core Measure: Airport and 

Environmental Legal Services

Provide timely representational legal services relating to 

complaints of grant noncompliance and improper 

diversion of airport revenue under Part 16 by conducting 

an initial review of 70% of draft Part 16 Final Agency 

Decisions (FAD) within 10 days of receipt, conducting 

substantive legal reviews of 60% of completed FADs 

within 2 weeks, and meeting due dates while processing 

Part 16 complaints. Provide timely and effective 

representational legal services in defense of airport and 

environmental litigation by reviewing petitioners' initial 

briefs within 2 weeks, assisting Department of Justice in 

drafting respondent's brief within 10 days, and provide 

active support in preparation for oral arguments. To 

promote efficiency in processes, partner with client offices 

to conduct recurrent training for program offices.

Core Initiative: Legal Services to 

Airport & Environmental Program 

Offices 

Provide legal support necessary to streamline and 

complete environmental reviews for airport capacity and 
12/10/2012 Page 8 of 19 FY2013 AGC Business Plan 

capacity-related projects on a timely basis and continue 

to develop strategies and best practices to minimize 

legal risks in FAA airport and environmental litigation. 

Provide legal support for efficient administration of the 

AIP, passenger facility charge program, and the airport 

compliance program, including legal review of policy and 

regulatory guidance and Part 16 determinations. Provide 

timely representational legal services to the agency 

relating to complaints of grant noncompliance and 

improper diversion of airport revenue under 14 CFR Part 

16 and defense of airport and environmental litigation.

Core Activity: Training for Client Offices

Provide training to program offices on legal trends 

and agency best practices. Provide support for 

primary clients' recurrent training courses.

Activity Target 1:

Meet with program offices to determine which will 

support a legal training session. Due December 

30, 2012

Activity Target 2:

Organize a planning committee. Due March 1, 

2013

Activity Target 3:

Develop agenda or content of eLMS training 

course. Identify speakers and location or 

individuals to draft computer based training course 

for eLMS. Due May 31, 2013

Activity Target 4:

Conduct training or draft and arrange for upload of 

eLMS course. Due September 30, 2013

Activity Target 5:

Provide speakers for client recurrent training 

course subject to availability of funding. Due 

September 13, 2013 Due September 13, 2013

Core Activity: Validate Client Priorities 

and Provide Timely Airport Law Services 

to Office of Airports

Ensure that airport and environmental law services 

are provided in a manner that reflects agency and 

primary client priorities, provide timely service in 

providing advice and processing complaints 

concerning noncompliance of airport sponsors with 

grants under 14 CFR Part 16, Rules of Practice for 

Federally Assisted Airport Enforcement Proceedings.

Activity Target 1:

Meet quarterly with primary clients to formally 

identify priorities, address type of legal support 

needed to advance the projects, obtain client 

feedback on support provided, and, as necessary, 

reassess services being provided. Due September 

30, 2013

Activity Target 2:

Review each draft Final Agency Decision (FAD) 

within five business days of receipt from the 

Associate Administrator for Airports to determine 

whether it is substantially complete and ready for 

legal review 70% of the time. Due September 30, 

2013

Activity Target 3:

Complete legal sufficiency review of each 

substantially complete draft part 16 Final Agency 

decision (FAD) within 2 weeks of determining 

substantial completeness 60% of the time. Due 

September 30, 2013

Activity Target 4:

To achieve a targeted reduction in Part 16 

processing times, provide legal support to develop 

or update external guidance on sponsor 

assurances. Due September 30, 2013

Core Activity: Legal Support to develop 

guidance in support of Administration of 

the Airport Improvement Program (AIP)

Provide Legal Support to develop guidance in support 

of Administration of the Airport Improvement Program 

(AIP)

Activity Target 1:

Provide comments on preliminary draft AIP 

Handbook. Due October 31, 2012

Core Activity: Legal Support for Policy 

and Guidance Information for NEPA 

Compliance Support

Provide policy and guidance on the requirements of 

the National Environmental Policy Act (NEPA) and 

related natural and cultural resource issues to 

minimize delays to FAA aviation projects. As part of 

this guidance, there needs to be a forum for FAA 

environmental specialists to discuss current NEPA 

trends and issues and disseminate environmental 

information. In an effort to provide the most up to date 

policy guidance, AEE is updating its policies and 

procedures for complying with NEPA, FAA Order 

1050.1E, Change 1.

Activity Target 1:

Compile, categorize and draft responses to CEQ 

comments received on revised FAA Order 

1050.1E. Due July 31, 2013
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Core Activity: Timely and Effective 

Provision of Representational Legal 

Services

Provide timely and effective provision of legal 

services.

Activity Target 1:

No later than 30 days after the certified list of 

documents comprising the administrative record 

has been filed, contact the U.S. Department of 

Justice attorney and provide an overview of the 

key issues in the case. Due September 30, 2013

Activity Target 2:

Review petitioners' initial briefs within 2 weeks of 

receipt and provide comments on the statement of 

facts with references to the administrative record. 

Due September 30, 2013

Activity Target 3:

Assist the U.S. Department of Justice attorney in 

drafting respondent's brief, as requested, within 

ten business days of the request. Due September 

30, 2013

Activity Target 4:

Review petitioners' reply brief and provide any 

appropriate additional analysis and comments on 

the brief, with references to the administrative 

record, at least 30 days before oral argument is 

held. Participate in moot courts to help the 

Department of Justice attorney prepare for oral 

argument. Due September 30, 2013

Core Measure: Acquisition 

Related Legal Services

Provide timely legal service by conducting legal review of 

all procurement documents within an average of 10 

calendar days and meet litigation deadlines while 

representing the agency in bid protests and contract 

disputes.

Core Initiative: Acquisition & 

Commercial Law Services Division 

Provide legal advice and represent the Agency interests 

relating to the FAA's acquisition of the systems and 

services needed to achieve Destination 2025 initiatives 

and other high priority goals. Its staff ensures the legal 

sufficiency of acquisition documents; assists clients in 

developing a rational basis for acquisition decisions; 

and, represents the agency when acquisition decisions 

are challenged.

Core Activity: Validate Client Priorities 

and Review All Procurement Documents 

Within An Average Of 10 Days

Ensure that acquisition legal services are provided in 

a manner that reflects agency and primary client 

priorities, provides timely review of procurement 

documents and represents the Agency in bid protest 

and contracts disputes.

Activity Target 1:

Meet monthly with primary clients to formally 

identify priorities, address type of legal support 

needed to advance the projects, obtain client 

feedback on support provided and, as necessary, 

reassess service being provided. Due September 

30, 2013

Activity Target 2:

Review all acquisition documents within an 

average of 10 calendar days or fewer. Due 

September 30, 2013

Activity Target 3:

Meet imposed litigation deadlines while 

representing the agency in bid protests and 

contract disputes. Due September 30, 2013

Core Activity: Provide Procurement 

Training to Client Office

Provide training to contracting personnel (contracting 

officers, specialists, and contracting officer technical 

representatives) on the agency's acquisition best 

practices, detection of contract fraud, and on 

procurement integrity.

Activity Target 1:

Establish schedule for training. Due December 31, 

2012

Activity Target 2:

Complete training at 3 ATO Business Services 

Centers, the Technical Center and Aeronautical 

Center. Due September 1, 2013

Core Activity: Aviation War Risk 

Insurance

Efficiently process the coordination and legal analysis 

of aviation war risk insurance issues to effectively 

address agency objectives.

Activity Target 1:

Initiate legal coordination with ATO, the FAA APL 

and other U.S. government agencies as needed 

within 30 days of receipt of an incoming request. 

Due September 30, 2013
12/10/2012 Page 10 of 19 FY2013 AGC Business Plan 

Core Measure: Procurement and 

Acquisition Related Adjudication 

and Dispute Resolution Services 

(ODRA)

Provide timely, fair, responsive and efficient adjudication 

and collaborative dispute resolution ("CDR") services for 

bid protests, contract disputes and other matters arising 

under the AMS, thereby ensuring the quality and integrity 

of the Agency's procurement and contract administration 

processes. Provide timely, fair, responsive and efficient 

adjudication and CDR in other designated administrative 

matters.

Core Initiative: Adjudicatory/Dispute 

Resolution Services 

Serve as the FAA's exclusive tribunal for adjudicating 

and deciding procurement and acquisition-related and 

other administrative disputes. Provide collaborative 

dispute avoidance and early resolution services to the 

Agency and its private sector contracting partners, 

assisting them through voluntary dispute resolution and 

dispute avoidance methods to the maximum extent 

practicable. For those matters that cannot be avoided or 

resolved through CDR, provide a flexible, efficient and 

transparent adjudication process. Educate Agency 

personnel and private sector stakeholders regarding the 

FAA's dispute resolution and adjudication processes.

Core Activity: Provide timely, fair, 

responsive and efficient ADR and 

Adjudication Services

Provide timely, fair, responsive and efficient ADR and 

Adjudication services to the FAA and its contracting 

partners

Activity Target 1:

Publish a revised Standing Order establishing a 

final procedure for the optional electronic filing of 

pleadings and documents in ODRA matters. Due 

September 30, 2013

Activity Target 2:

Participate in 3 or more Agency/ outside 

training/educational conferences. Due September 

30, 2013

Activity Target 3:

Conduct workshops with attorneys and contracting 

personnel of at least 2 regions/centers. Due 

September 30, 2013

Activity Target 4:

Complete Findings and Recommendations in 

typical adjudicated cases in the following average 

number of days from the date of closing of the 

administrative record: non-complex protests- 30 

calendar days; complex protests- 60 calendar 

days; non-complex contract disputes-90 calendar 

days; complex contract disputes- 180 calendar 

days. Due September 30, 2013

Activity Target 5:

As the Agency's designated Dispute Resolution 

Specialist under the Administrative Dispute 

Resolution Act, represent the FAA by: participating 

in the Attorney General's Interagency Alternative 

Dispute Resolution Working Group; advising the 

Agency on dispute resolution policies and 

practices; and providing guidance and assistance 

to Agency Components regarding dispute 

resolution or conflict management programs. Due 

September 30, 2013

Activity Target 6:

Provide hearing officers to adjudicate designated 

airport grant-related disputes pursuant to 14 C.F.R 

Part 16. Due September 30, 2013

Activity Target 7:

Conduct periodic surveys of participating parties 

regarding the quality and efficacy of the ODRA's 

dispute resolution and educational/ training 

services. Due September 30, 2013

Core Measure: Improve FAA 

Contracting & Acquisitions

Achieve 10% increase in evaluation results, for each 

location reviewed when compared to the most recent 

review, conducted by the National Acquisition Evaluation 

Program (NAEP) in FY13.

Core Initiative: Strengthen Core 

Contracting Services (CIP#:X01.00-

00)

Provide acquisition and contracting expertise to procure 

material, equipment, systems, construction, services, 

aviation research grants and research and development 

for all FAA offices. Ensure that the contracting team is 

staffed with the skill mix needed to successfully award 

and manage all major acquisition programs, all NextGen 

initiatives and support all FAA offices and other 

customers. Provide quality assurance services for all 

applicable systems, equipment, material and services.

Relationship to Measure: Provide acquisition and 

contracting expertise

Core Activity: Contract Formation and 

Administration Oversight
12/10/2012 Page 11 of 19 FY2013 AGC Business Plan 

Participate in formal oversight program to review 

solicitations and contracts through the National 

Acquisition Evaluation Program (NAEP). Based on 

the result of these reviews assist with corrective 

actions as necessary.

Activity Target 1:

Provide legal support to NAEP audits done in 

FY2013. Target 2: Target 3: Due September 30, 

2013

Activity Target 2:

Review and provide input to the NAEP reports and 

assist the contracting office with any proposed 

corrective action plans. Due September 30, 2013

Activity Target 3:

Suspend or debar contractors within 45 calendar 

days of a proper notice of an indictment, 

conviction or guilty plea or document why 

suspension or debarment is not appropriate. Due 

September 30.2013. Due September 30, 2013

Core Measure: Airport 

Compliance Capacity-Enhancing 

Support to Communities

The Airport Privatization Pilot Program assists 

communities that pursue private-public partnerships to 

improve infrastructure funding by creating alternative 

sources of capital for airport development, with the goal of 

achieving public benefit through efficiencies. To 

accomplish this, the Office of Airports must engage 

multiple Departments and their Agencies, State and Local 

Authorities, DOT and FAA senior leadership in the 

decision processes, and must keep Congressional and 

Industry stakeholders informed throughout the process. 

To ensure we support communities' needs, we must 

complete no less than 95% of airport privatization 

applications under the pilot privatization program 

consistent with legislative and regulatory requirements.

Core Initiative: Airport Compliance 

Capacity-Enhancing Support to 

Communities 

Airports are looking at alternative means of enhancing 

capacity. FAA needs to be responsive to such initiatives.

Core Activity: Airport Privatization Pilot 

Program

Respond to Airport and community requests for 

alternative means of enhancing capacity by 

supporting and coordinating privatization pilot 

program requests within program schedule and 

guidelines.

Activity Target 1:

Complete no less than 95% of airport privatization 

applications under the pilot privatization program. 

Due September 30, 2013

Activity Target 2:

Consistent with legislative and regulatory 

requirements, review and make determinations on 

applications under the FAA pilot airport 

privatization program within 30 business days after 

initial submission. Due September 30, 2013

Activity Target 3:

Within 30 business days of receiving final 

administrative approval, send notice to the Federal 

Register to initiate a 60 day public comment 

period. Due September 30, 2013

Activity Target 4:

Support community and airport sponsor 

requirements for San Juan International Airport 

privatization proposal. Due September 30, 2013

Global Collaboration

In support of the FAA's goal of maintaining U.S. leadership 

in global civil aviation, AGC assists in developing the 

agency position on international law issues and serves as 

a liaison for FAA international aviation legal matters with 

other government agencies and industry. AGC attorneys 

provide legal services relating to drafting and negotiating 

international agreements on safety oversight, air traffic, 

airworthiness, technical assistance, and other aviation 

related areas. The attorneys also prepare the U.S. position 

on matters before the International Civil Aviation 

Organization (ICAO); provide legal policy guidance on 

registration of aircraft and recordation of property rights in 

aircraft.

Core Measure: International 

Legal Services

Provide legal services as required to FAA program offices 

responsible for promoting USG interests with other 

countries and international organizations, including ICAO. 

Assist API in meeting work plan milestones. Complete 

legal sufficiency reviews within timeframes that meet 

defined client needs.

Core Initiative: Support Client Offices 

Provide legal services relating to drafting and 

negotiation of international agreements; prepare the 

U.S. position on matters before ICAO; and provide legal 

support for the client offices with international legal 

issues through the provision of legal services. Provides 

legal services to ensure priorities of the Administrator, 

Destination 2025 and primary clients are met.
12/10/2012 Page 12 of 19 FY2013 AGC Business Plan 

Core Activity: Promote USG Interests at 

the International Civil Aviation 

Organization

Provide legal assistance to FAA Program Offices on 

technical issues involving ICAO Standards and 

Recommended Practices. Serve as legal 

representatives at upcoming ICAO meetings, as 

necessary.

Activity Target 1:

Provide (i) legal support by reviewing ICAO 

initiatives, including proposals for new or revised 

standards and recommended practices; and (ii) 

legal assistance to FAA program offices in 

implementation of any new ICAO standards. Due 

September 30, 2013

Activity Target 2:

Provide legal input on USG positions for meetings 

in ICAO and other international organizations as 

necessary. Due September 30, 2013

Activity Target 3:

Serve as FAA legal clearance point for the 

Interagency Group on International Aviation (IGIA) 

by performing initial review and initial coordination 

of U.S. positions and strategies by the deadlines 

specified in a particular IGIA paper. Due 

September 30, 2013

Core Activity: International Aviation 

Safety Assessment Audits (IASAs)

Support the IASA program by (1) conducting legal 

assessment of the civil aviation laws, regulations, and 

enforcement systems of foreign aviation authorities 

for compliance with minimum international aviation 

safety standards established under the Convention on 

International Civil Aviation and (2) assisting the 

program office in development of policy for execution 

of the Administrator's responsibility for the safety of 

foreign air carriers.

Activity Target 1:

Support AFS-50 in scheduling and conducting 

IASA assessments, consultations, or final 

discussions, including the review of cables to 

foreign governments about IASA activities. Due 

September 30, 2013

Activity Target 2:

Participate in the development and presentation of 

IASA training program for legal and technical staff. 

Due September 30, 2013

Activity Target 3:

Participate in the development of IASA policies 

and procedures as requested by the program 

office. Due September 30, 2013

Core Activity: Technical Assistance

Provide legal technical assistance efforts to foreign 

aviation authorities, either independently or in 

conjunction with FAA program offices or other USG 

agencies or programs, including the DOT Safe Skies 

for Africa Program, in furtherance FAA international 

aviation safety objectives and to achieve global 

harmonization with ICAO standards. Provide legal 

advice, representation, international legal policy 

guidance and legal sufficiency reviews relating to 

international activities of aviation safety in a timely 

and responsive manner.

Activity Target 1:

Provide legal technical assistance to countries or 

regional organizations directed at achieving 

compliance with ICAO civil aviation standards for 

primary aviation law, regulations, enforcement 

systems, and related issues. Due September 30, 

2013

Activity Target 2:

Support FAA program offices by (i) identifying 

priority countries for technical assistance, 

including technical reviews or the development of 

action plans for achieving compliance with 

international standards; and (ii) participating in 

technical reviews and action planning when 

deficiencies in the primary aviation law, 

regulations, or enforcement system are suspected 

or have been identified. Due September 30, 2013

Activity Target 3:

Provide legal review of FAA policies and 

procedures for providing technical assistance to 

foreign aviation authorities as needed. Due 

September 30, 2013

Core Activity: International Agreements

Provide legal counsel to business lines and staff 

offices for international activities to support agency 

objectives by providing advice on agreement 

strategies, review of international agreements, and 

legal coordination with necessary U.S. government 

agencies (particularly the U.S. Department of State). 

Participate in negotiations with foreign civil aviation 

authorities, air navigation service providers, and 

research and development organizations.

Activity Target 1:

Provide initial review of template-based technical 

assistance agreements for international activities 

within 15 working days of receipt in the legal 

office. Due September 30, 2013
12/10/2012 Page 13 of 19 FY2013 AGC Business Plan 

Activity Target 2:

As necessary, develop and submit to the U.S. 

Department of State for clearance (i) new 

agreement templates; (ii) agreements designed to 

accomplish specific international objectives of the 

FAA that are not otherwise addressed in the 

standard templates; and (iii) draft Circular 175 

packages. Due March 30, 2013

Activity Target 3:

Meet regularly with program offices to identify 

priorities, discuss the legal support necessary for 

agreements, and coordinate realistic strategies 

and timelines given the complexity and urgency of 

individual agreements. Due September 30, 2013

Activity Target 4:

Provide legal support for all agreements, annexes, 

or appendices for technical assistance, air 

navigation services, operational data sharing, 

research and development, and the transfer of 

oversight functions pursuant to Article 83 bis to the 

Chicago Convention. Due September 30, 2013

Activity Target 5:

Providing legal support to ATO Business 

Development Group in establishing and 

implementing a cost recovery system for ATO 

technical assistance. Due September 30, 2013

Activity Target 6:

Provide legal clearance and assistance to AIR and 

AFS in drafting and negotiation of international 

safety agreements, implementation procedures 

(IPs), or amendments to existing agreements or 

IPs. Due September 30, 2013

Core Activity: Emergency 

Operations/Crisis Response

Provide legal counsel to the Crisis Response Working 

Group (CRWG) and the Crisis Response Steering 

Group (CRSG). Provide legal support to FAA's 

emergency operations planning and response efforts, 

including the continuity of operations (COOP) 

function.

Activity Target 1:

Provide legal assistance to, and participate as a 

member of Crisis Response Working Groups and 

Crisis Response Steering Groups established for 

the purpose of responding to (i) potentially hostile 

threat situations; or (ii) natural or man-made 

disasters or crises. The assistance will include the 

legal review of, and guidance on, draft responses, 

plans, recommendations, and related documents 

within the timeframes dictated by the nature of the 

emergency and the response expected of the 

FAA. Due September 30, 2013

Activity Target 2:

Provide legal review of, and guidance on, the 

international aspects of draft NOTAMs, SFARs, 

responses to petitions for exemptions to SFARs, 

requests for approvals, and other related FAA 

actions to be taken in response to a particular 

event within the timeframes dictated by the nature 

of the event and the response expected of the 

FAA. Due September 30, 2013

Activity Target 3:

Provide legal review of, and guidance on, (i) 

interagency agreements and planning documents 

dealing with emergency response matters; and (ii) 

internal FAA and DOT emergency response policy 

and planning documents within 30 days of receipt, 

or as specified by the requesting office or agency. 

Due September 30, 2013

Activity Target 4:

Assist in the planning of, and participate in, 

emergency operations exercises and any postexercise review. Summarize AGC's participation 

as necessary in post-exercise reports. Due 

September 30, 2013

Activity Target 5:

Provide legal review of, and guidance on, (i) the 

development and implementation of FAA policies 

and procedures for responding to pandemics, 

including coordination with other AGC divisions as 

necessary; and (ii) pandemic response policies 

and plans submitted to the FAA by other USG 

agencies. Due September 30, 2013

Activity Target 6:

Lead AGC's work to (i) revise and expand its 

continuity of operations plan, coordinating with 

other AGC headquarters and regional elements, 

as necessary; (ii) provide legal review of, and 

guidance on, the development and implementation 

of FAA policies and procedures on continuity of 

operations, including coordination with other AGC 

divisions as necessary; and (iii) provide legal 

review of continuity of operations policies and 

plans submitted to the FAA by other USG 

agencies. Due September 30, 2013

Workplace of Choice

In support of the agency's objective of building and 

enhancing our high performance workforce, AGC 

continues to support the numerous agency-wide strategic 

initiatives and provide legal services in support of the 

administrative activity of the agency, including employment 
12/10/2012 Page 14 of 19 FY2013 AGC Business Plan 

and labor law services, ethics counsel, FOIA and Privacy 

Act services, and legislative services. The largest legal 

practice group within this goal area is our employment law 

office. The employment law attorneys represent the 

agency before various administrative and federal courts 

and provide advice and guidance to the Administrator and 

primary client offices on personnel, labor, civil rights, equal 

employment opportunity matters. They also counsel on 

ways to minimize the legal risks relating to employment 

decisions and policy. Moreover, AGC have programmatic 

responsibility for administration and oversight of the 

agency's compliance with government-wide ethics 

requirements.

Core Measure: Drive Continuous 

Efficiency Improvement & Cost 

Control

Achieve documented cost savings and cost avoidance of 

$82.3 million in FY 2013.

Core Initiative: Cost Control Program 

Implement line of business-specific cost efficiency as 

well as agency-wide initiatives to reduce costs or 

improve productivity. Each FAA organization will 

develop, track, and report quarterly on a comprehensive 

measure of its operating efficiency or financial 

performance, accounting for 75% of operating 

resources.

Core Activity: AGC SAVES and Video 

Conferencing Cost Control Activity

AGC will participate in the SAVES program and will 

reduce its travel costs by utilizing AIO's Video 

Conferencing program in place of travel.

Activity Target 1:

Participate in the SAVES Program. Due 

September 30, 2013

Activity Target 2:

Use Video Conferencing in place of travel where 

possible. Due September 30, 2013

Core Activity: AGC Efficiency Measure: 

Response Time to Public Requests for 

Interpretations

Activity: Implement measures to improve timeliness of 

responses to public requests for interpretations of 

FAA regulations. Target: Response within 120 days of 

receipt 60% of the time

Activity Target 1:

Report quarterly (Q4 FY 2012 and Q1-3 FY 2013) 

to ABA, within 30 days of quarter close. Due 

September 30, 2013

Activity Target 2:

Provide updated FY 2014 template for review and 

approval in time to be included in the FY 2014 

Business Plan. Due May 15, 2013

Core Activity: AGC Efficiency Measure: 

Time to Process Enforcement Cases

Activity: Efficient Processing of Enforcement Cases 

Target: First legal action is taken within 60 days of 

receipt by a legal counsel office 70% of the time.

Activity Target 1:

Report quarterly (Q4 FY 2012 and Q1-3 FY 2013) 

to ABA, within 30 days of quarter close. Due 

September 30, 2013

Activity Target 2:

Provide updated FY 2014 template for review and 

approval in time to be included in the FY 2014 

Business Plan. Due May 15, 2013

Core Measure: Support Open 

Government Initiative

Support the Open Government Initiative to Streamline 

Service Delivery, Improve Customer Service (EO13571), 

and leverage technology to increase productive 

collaboration with citizens, stakeholders and other 

government agencies by making high-value data and 

content in at least two existing major customer-facing 

systems available through web APIs via FAA.gov, 

including IdeaHub as a topic in at least two Town Hall or 

all-hands meetings, and using Twitter and Facebook to 

promote at least 3 FAA Safety related initiatives.

Core Initiative: Support Open 

Government Initiative 

Support the Open Government Initiative to Streamline 

Service Delivery, Improve Customer Service 

(EO13571), and leverage technology to increase 

productive collaboration with citizens, stakeholders and 

other government agencies by making high-value data 

and content in at least two existing major customerfacing systems available through web International 

Affairs (APIs) via FAA.gov, including IdeaHub as a topic 

in at least two Town Hall or all-hands meetings, and 

using Twitter and Facebook to promote at least 3 FAA 

Safety related initiatives.

Core Activity: Support Open Government 

Initiative - AGC

Support the Open Government Initiative the 

President?s Executive Order on Streamlining Service 
12/10/2012 Page 15 of 19 FY2013 AGC Business Plan 

Delivery and Improving Customer Service (EO 13571) 

and the 21st Century Digital Government directive by 

leveraging technology to make data available, 

improve web service efficiencies and increase 

productive collaboration with citizens, stakeholders 

and other government agencies while reducing 

duplicative efforts.

Activity Target 1:

Update web strategy and action plans in writing to 

the FAA Web Manager and brief Web Council on 

office plans Due November 30, 2012

Activity Target 2:

Submit a progress report to the FAA Web 

Manager on their LOB and Staff Office FY 2013 

Web Strategy and Action Plan. Due March 30, 

2013

Activity Target 3:

Submit a progress report to the FAA Web 

Manager on their LOB and Staff Office FY 2013 

Web Strategy and Action Plan. Due August 31, 

2013

Activity Target 4:

Certify to the Administrator in writing: An estimated 

95% of static information web pages on the public 

and employee web sites comply with FAA web 

standards, proper branding as described in the 

branding order and web policies. Due September 

30, 2013

Activity Target 5:

Certify to the Administrator in writing: The number 

of compliant web-based applications has been 

coordinated with and accepted by the Office of 

Communications as complying with FAA web 

standards, policies, and requirements. Due 

September 30, 2013

Core Measure: Personnel & 

Labor Law Legal Services

Meet 100% of EEOC, MSPB, and federal court 

employment case deadlines.

Core Initiative: Legal Services in 

Labor and Personnel Law 

Represent the FAA in administrative and court litigation 

having a potentially significant impact on any law, 

regulation, or FAA policy relating to the employment of 

FAA personnel and provide timely and effective legal 

advice regarding employment matters. Provide legal 

services and representation in a timely and effective 

manner reflecting agency priorities and continue to 

improve the Agency's employment practices by 

identifying ways of minimizing the FAA's legal risk 

relating to employment decisions and policy

Core Activity: Legal Representation and 

Policy Advice

Represent the FAA in administrative and court 

litigation having a potentially significant impact on any 

law, regulation, or FAA policy relating to the 

employment of FAA personnel.

Activity Target 1:

Meet 100% of EEOC, MSPB, and federal court 

employment case deadlines. Due September 15, 

2013

Core Activity: Reasonable 

Accommodation Training for Managers

Develop training for managers on the 

disability/reasonable accommodation issues.

Activity Target 1:

Establish a joint R/C/HQ AGC team and identify 

topics that will be covered by the training. Due 

February 15, 2013

Activity Target 2:

Develop a training module to meet the identified 

needs. Due June 30, 2013

Activity Target 3:

Implement training through LOB training offices 

and eLMS. Due August 30, 2013

Core Activity: Fair Labor Standards ActPolicy Review

Review all FAA policies relating to overtime for 

compliance with the Federal Labor Standards Act 

(FLSA).

Activity Target 1:

Establish a joint R/C/HQ AGC team to review all 

FAA policies relating to overtime to determine 

compliance with the FLSA. Due March 15, 2013

Activity Target 2:

Identify all noncompliant policies and needed 

corrective action. Due July 30, 2013

Activity Target 3:

Brief appropriate FAA officials for implementation 

decisions. Due August 30, 2013
12/10/2012 Page 16 of 19 FY2013 AGC Business Plan 

Core Measure: General Legal 

Services

Meet client due dates 80% of the time.

Core Initiative: General Legal 

Services 

Various small practice areas related to administrative 

requirements imposed on the agency by statute, 

including Ethics, FOIA, and Privacy Act,

Core Activity: Manage Ethics Program 

and Agency Administration Related Legal 

Services

Provide legal services related to Ethics, FOIA, and 

Privacy Act.

Activity Target 1:

Provide timely legal services relating to FOIA, 

Privacy Act, and related litigation. Due September 

30, 2013

Activity Target 2:

Represent the agency before Congress, in 

administrative forums and in federal district and 

appeal courts on all general law issues and 

litigation. Due September 30, 2013

Activity Target 3:

Provide general legal services functions. Due 

September 30, 2013

Core Activity: Review of OGE Forms

Complete review of all OGE Form 278 and Form 450

Activity Target 1:

Complete review of all OGE Form 278 and Form 

450. Due September 15, 2013

Core Activity: Review of FOIA Appeals

Provide timely review of the appeal of initial FOIA 

decisions.

Activity Target 1:

Prepare appeal responses within 20 days of the 

receipt of a complete FOIA appeal package in 60 

percent of the appeals. Due September 30, 2013

Core Measure: Library Services 

and FAA Historian

Provide law library research services within two weeks of 

request. Provide historical services within guidance 

provided by the Oversight Board.

Core Initiative: Library Services and 

FAA Historian 

Provide library services and maintain FAA Historical 

Services to the Office of the Chief Counsel and Agency, 

as appropriate.

Core Activity: Library Services and FAA 

Historian

Provide library services and maintain FAA Historical 

Services to the Office of the Chief Counsel and 

Agency, as appropriate.

Activity Target 1:

Provide generally, law library research services 

within two weeks of request. Define and organize 

technical library services. Due September 30, 

2013

Activity Target 2:

Obtain direction and guidance from oversight 

group in order to manage and maintain FAA 

Historical Services. Due September 30, 2013

Activity Target 3:

Provide historical services within guidance 

provided by the Oversight Board. Due September 

30, 2013

Core Measure: HR Programs and 

Policies

Reduce the average calendar days it takes to hire 

employees to 90 days by September 30, 2013.

Core Initiative: Core Compensation 

System 

FAA's Core Compensation System is a fiscally 

responsible and competitive pay system.

Core Activity: Core Compensation 

System

Obtain the Work Force Council's approval of a 

compensation strategy and implementation plan by 

July 31, 2013.

Activity Target 1:

AGC-100 will provide legal support and guidance 

as needed at each targeted phase of the 

development process. Due September 30, 2013

Core Measure: Hiring People with 

Targeted Disabilities
12/10/2012 Page 17 of 19 FY2013 AGC Business Plan 

In support of the Secretary of Transportation goal that 3% 

of all new hires are People with Targeted Disabilities 

(PWTD), ACR will create quarterly reports to track the 

hiring of PWTD by FAA organizations. In FY 2013, the 

FAA will ensure that at least 1.67% of all new hires are 

PWTD. Each year, the FAA will work towards increasing 

the percentage of PWTD hires by .67% per year to reach 

the 3% hiring goal by FY 2015. ACR will provide 

supervisors and managers training on the DOT Online 

Accommodation Tracking System (OATS) to ensure that 

90% of reasonable accommodations requests are 

completed within 25 business days or less. Additionally, 

ACR will work on achieving FAA-wide utilization of several 

resources for recruiting and hiring people with disabilities. 

Accomplishment of this measure will contribute to creating 

a work environment that embraces and values diversity.

Core Initiative: Hiring People with 

Targeted Disabilities 

Each FAA organization will take actions in support of the 

Secretary of Transportation fiscal year goal that 3% of 

all new hires are individuals with targeted (severe) 

disabilities. In FY 2013, all FAA organizations will 

ensure that at least 1.67 of all new hires are people with 

targeted (severe) disabilities.

Core Activity: Hiring People with 

Targeted Disabilities

Assist agency efforts to support the hiring goal for 

PWTD by reporting quarterly on the specific number 

of new hires of PWTD; improving the efficacy and 

timeliness of the reasonable accommodation process; 

and promoting the use of various resources for hiring 

PWD. Accomplishment of this activity will ensure that 

FAA organizations meet the FY 13 Shared STI goal 

that at least 1.67% of all new hires are people with 

targeted (severe) disabilities.

Activity Target 1:

Each LOB/SO will report quarterly on the specific 

number of new hires of PWTD and the specific 

actions taken (i.e. outreach activities, marketing of 

vacant positions, internships, disability awareness 

events) to ensure that at least 1.67% of all new 

hires are people with targeted (severe) disabilities. 

Due September 30, 2013

Activity Target 2:

Cooperate with ACR to ensure that 400 FAA 

managers/supervisors are trained on the DOT 

Online Accommodation Tracking system. Due 

September 30, 2013

Activity Target 3:

Ensure managers/supervisors attend briefings on 

the resources available for recruiting and hiring 

PWD. Due September 30, 2013

Activity Target 4:

Process 90% reasonable accommodation 

requests within 25 days or less of been received. 

Due September 30, 2013

Core Measure: EEOC 

Management Directive 715 (STI)

ACR will oversee the process for developing the Annual 

MD-715 EEO Plan and Monitoring Agency 

Accomplishments due to EEOC by January 31 of each 

year, unless granted an extension. ACR will conduct one 

(1) mission critical occupation barrier analyses and 

collaborate with the LOB/SO to provide recommendations 

and actions for improvement with regard to the barriers 

identified. Additionally, ACR, in collaboration with the 

Office of Human Resources (AHR) and General Council 

(AGC), will develop a plan to identify at least one 

personnel practice (e.g. awards, promotions, training, 

retention etc.) to be reviewed for potential barriers.

Core Initiative: Barrier Analysis 

Conduct one (1) mission critical occupation barrier 

analysis and collaborate with the LOB/SO to provide 

recommendations for improvement with regard to these 

barriers.

Core Activity: Barrier Analysis

AGC will provide legal review and guidance at each 

targeted phase of the two barrier analyses in 

accordance with the established timeline.

Activity Target 1:

AGC will provide legal review and guidance to 

ACR as they analyze the prior year statistical 

demographic data for triggers that will narrow 

down the area of concentration for potential 

barriers. Due September 30, 2013

Activity Target 2:

AGC will provide legal review and guidance to 

ACR as they identify the two personnel practice or 

occupation to conduct barrier analysis. Due 

September 30, 2013

Activity Target 3:

AGC will provide legal review and guidance to 

ACR as they conduct the barrier analysis. Due 

September 30, 2013

Activity Target 4:

AGC will provide legal review and guidance to 

ACR as they collaborate with the LOB/SO the 

findings and provide guidance on developing 

actions to eliminate any identified barriers. Due 

September 30, 2013
12/10/2012 Page 18 of 19 FY2013 AGC Business Plan 

Core Measure: Alternative 

Dispute Resolution Engagement 

(STI)

ACR, in coordination with the LOB/SO, will ensure that 

70% of all managers agree to engage in mediation and 

that 35% of all EEO pre-complaint cases engage in the 

ADR process when the employee request mediation, to 

reduce the number of formal EEO complaints.

Core Initiative: Alternative Dispute 

Resolution (ADR) Engagement 

ACR, in coordination with the LOB/SO, will ensure that 

70% of all managers agree to engage in mediation when 

the complainant has requested mediation and that 35% 

of all EEO pre-complaint cases engage in the ADR 

process to reduce the number of formal EEO 

complaints.

Core Activity: Alternative Dispute 

Resolution (ADR)

ACR, in coordination with the LOB/SO, will ensure 

that 70% of all managers agree to mediation as a 

means to track management willingness to participate 

in the ADR process. Ensure that 35% of all EEO precomplaint cases engage in the ADR process when 

the employee request mediation, to reduce the 

number of formal EEO complaints.

Activity Target 1:

Civil Rights Offices (ANM, ASW, ACT, and ASO) 

will manage the ADR process within the 

geographical service areas and the LOB/SOs will 

ensure that 70% of all managers agree to 

mediation as a means to track management 

willingness to participate in the ADR process. Due 

September 30, 2013

Activity Target 2:

Assist agency efforts with ADR engagement by 

ensuring that 35% of all EEO pre-complaint cases 

engage in the ADR process when the employee 

request mediation, to reduce the number of formal 

EEO complaints. Due September 30, 2013

Core Measure: Labor 

Management and Employee 

Relations

Oversee and manage the FAA's Labor and Employee 

Relations policies and programs.

Core Initiative: Other Matter 

Allegations 

Have a robust, standardized Employee Relations 

process to address ?other matters? that are brought to 

the attention of the Accountability Board.

Core Activity: Employee Relations 

Process

Develop a process for assigning "other matter" 

allegations to Employee Relations by December 31, 

2012. Train 100% of Employee Relations and 

Accountability Board employees on the new process 

by March 31, 2013. Implement the new process by 

March 31, 2013.

Activity Target 1:

AGC-100 will provide legal support and guidance 

as needed at each targeted phase of the 

development process and assist in training 100% 

of Employee Relations and Accountability Board 

employees on the new process. Due September 

30, 2013

Core Initiative: Labor Relations 

Training 

Have an enhanced labor relations management training 

course that ensures managers understand their role in 

the collective bargaining and grievance processes.

Core Activity: Labor Relations 

Management Training

Create and implement a fundamentals of Labor 

Relations training course for FAA managers. 

Incorporate into the FAA U.

Activity Target 1:

AGC-100 will provide legal support and guidance 

as needed at each targeted phase of the training 

development process. Due September 30, 2013

Core Measure: Manage EEO 

Training

Assist agency efforts to prevent discrimination by training 

60% of management and 10% of employees on EEO 

responsibilities and appropriate behaviors; ensuring that 

all FAA employees complete the NO FEAR Training that 

is required by OPM; and providing training to 75% of all 

new Air Traffic Student hires.

Core Initiative: Prevent 

Discrimination through EEO Training 

Assist agency efforts to prevent discrimination by 

training 60% of management and 10% of employees on 

EEO responsibilities and appropriate behaviors. 

Additionally, ACR will ensure that all FAA employees 
12/10/2012 Page 19 of 19 FY2013 AGC Business Plan 

complete the NO FEAR Training that is required by 

OPM.

Core Activity: Prevent Discrimination 

through EEO Training

Assist agency efforts to create a FAA culture in which 

managers and employees each understand their role 

in creating and maintaining an inclusive workplace, by 

promoting diversity and equal employment 

opportunity, consistent with merit principles and 

applicable law.

Activity Target 1:

Ensure that employees complete the NO FEAR 

Training to meet the OPM requirement. Due 

November 23, 2012

Activity Target 2:

Promote and support agency's efforts to prevent 

discrimination by ensuring that 60% of 

management and 10% of employees attend EEO 

training. Due September 30, 2013

Core Measure: EEO Action 

Committee

ACR in coordination with LOB/SOs will host a minimum of 

five (5) meetings to identify recommendations and 

strategies regarding EEO and diversity within the FAA 

Workplace.

Core Initiative: EEO Action 

Committee Meetings 

ACR in coordination with LOB/SOs will host a minimum 

of five (5) meetings to identify recommendations and 

strategies regarding EEO and diversity within the FAA 

Workplace.

Core Activity: EEO Action Committee 

Meetings

Attend a minimum of five (5) EEO Action Committee 

Meetings held by ACR to identify recommendations 

and strategies regarding EEO and diversity within the 

FAA Workplace.

Activity Target 1:

Attend EEO Action Committee Meetings 

scheduled by ACR. Due September 30, 2013

Activity Target 2:

Present demographics profiles for AGC at the

EEO Action Committee and discuss strategies for 

improving in areas with low participation. Due 

September 30, 2013

Activity Target 3:

Analyze AGC statistical demographic data and 

identify programs, recommendations, actions 

regarding EEO and diversity within the FAA 

workplace. Due September 30, 2013

Core Measure: Legislative Legal 

Services

Meet client due dates 80% of the time.

Core Initiative: Legislative Legal 

Services 

Timely provision of legislative legal services to affected 

FAA organizations.

Core Activity: Legislative Legal Services

Provide timely legislative legal services.

Activity Target 1:

Issue request for technical assistance to affected 

FAA organizations within 24 hours of receipt by 

AGC-260, and issue the Agency response to the 

request with 24 hours of receipt of final 

coordination and clearance from politicals in 80% 

of requests for technical assistance. Due 

September 30, 2013

Activity Target 2:

Issue a schedule for hearing preparation within 48 

hours of AGC-260 receipt of notice of the hearing

80% of the time. Due September 30, 2013

Activity Target 3:

Conduct principal witness preparation meetings no 

later than 3 days prior to the scheduled hearing 

date in more than 80% of scheduled hearings. 

Due September 30, 2013