50204 Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices 

reviewed subject to a ‘‘presumption of 

denial’’ policy. 

SOEs/SFEs: Exports and reexports of 

goods or technology pursuant to new 

licenses for Russian state-owned or 

state-funded enterprises will be 

reviewed subject to a ‘‘presumption of 

denial’’ policy. 

4. Import Restrictions: New or 

pending permit applications submitted 

to the Department of Justice, Bureau of 

Alcohol, Tobacco, Firearms and 

Explosives (ATF) for the permanent 

importation into the United States of 

firearms or ammunition, as defined on 

the U.S. Munitions Import List (22 CFR 

447.21, Categories I and III), that are 

manufactured or located in the Russian 

Federation shall be denied in 

accordance with section 38 of the Arms 

Export Control Act (22 U.S.C. 2778) and 

Executive Order 13637. Consistent with 

authority delegated under Executive 

Order 12851, the Department of the 

Treasury has concurred with the 

imposition of this sanction and its 

implementation by ATF. 

These measures shall be implemented 

by the responsible departments and 

agencies of the United States 

Government and will remain in place 

for at least one year and until further 

notice. 

Choo S. Kang, 

Acting Assistant Secretary, Bureau of 

International Security and Nonproliferation, 

Department of State. 

[FR Doc. 2021–19117 Filed 9–3–21; 8:45 am] 

BILLING CODE 4710–27–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Docket No. FAA–2018–1051] 

Agency Information Collection 

Activities: Request for Comments; 

Clearance of a New Approval of 

Information Collection: Formal 

Complaints Collection 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, FAA 

invites public comments within 30 days 

after the date of publication of this 

notice about its intention to request the 

Office of Management and Budget 

(OMB) approval for an existing 

information collection. This collection 

involves the filing of a complaint with 

the FAA alleging a violation of any 

requirement, rule, regulation, or order 

issued under certain statutes within the 

jurisdiction of the FAA. The FAA will 

use the information collected to 

determine if the alleged violation 

warrants investigation or action. The 

Federal Register Notice with a 60-day 

comment period soliciting comments on 

the following collection of information 

was published on August 4, 2020. 

DATES: Written comments should be 

submitted by October 7, 2021. 

ADDRESSES: Interested persons are 

invited to submit written comments on 

the proposed information collection to 

the Office of Information and Regulatory 

Affairs, Office of Management and 

Budget. Comments should be addressed 

to the attention of the Desk Officer, 

Department of Transportation/FAA, and 

sent via electronic mail to oira_

submission@omb.eop.gov, or faxed to 

(202) 395–6974, or mailed to the Office 

of Information and Regulatory Affairs, 

Office of Management and Budget, 

Docket Library, Room 10102, 725 17th 

Street NW, Washington, DC 20503. 

FOR FURTHER INFORMATION CONTACT: Cole 

R. Milliard by email at: Cole.Milliard@

faa.gov; phone 202–267–3452. 

SUPPLEMENTARY INFORMATION: 

Public Comments Invited: You are 

asked to comment on any aspect of this 

information collection, including (a) 

whether the proposed collection of 

information is necessary for the FAA’s 

performance; (b) the accuracy of the 

estimated burden; (c) ways for the FAA 

to enhance the quality, utility, and 

clarity of the information collection; and 

(d) ways that the burden could be 

minimized without reducing the quality 

of the collected information. The agency 

will summarize and/or include your 

comments in the request for OMB’s 

clearance of this information collection. 

OMB Control Number: 2120–0795. 

Title: Formal Complaints Collection. 

Form Numbers: N/A. 

Type of Review: New clearance of an 

existing information collection. 

Background: The Federal Register 

Notice with a 60-day comment period 

soliciting comments on the following 

collection of information was published 

on August 4, 2020 (85 FR 47288). Prior 

to that, the FAA issued a notice of 

proposed rulemaking (NPRM) to revise 

14 CFR part 13. The NPRM was 

published in the Federal Register on 

February 12, 2019 (84 FR 3614). The 

NPRM proposed to update the 

procedural rules governing FAA 

investigations and enforcement actions. 

The proposed revisions include updates 

to statutory and regulatory references, 

updates to agency organizational 

structure, elimination of 

inconsistencies, clarification of 

ambiguity, increases in efficiency, and 

improved readability. Section 13.5, 

currently and as proposed in the NPRM, 

allows any person to file a formal 

complaint with the FAA Administrator 

regarding a person’s violation of 49 

U.S.C. subtitle VII, 49 U.S.C. chapter 51, 

or any rule, regulation, or order issued 

under those statutes. Thus, the overall 

burden associated with submission and 

processing of these complaints is not 

new. It is also optional, as there is no 

obligation for any individual to file a 

formal complaint. 

As revised in proposed 14 CFR 

13.5(b), a formal complaint must: (1) Be 

submitted to the FAA in writing; (2) be 

identified as a complaint seeking an 

appropriate order or other enforcement 

action; (3) identify the subjects of the 

complaint; (4) state the specific statute, 

rule, regulation, or order that each 

subject allegedly violated; (5) contain a 

concise but complete statement of the 

facts relied upon to substantiate each 

allegation; (6) include the name, 

address, telephone number, and email 

of the person filing the complaint; and 

(7) be signed by the person filing the 

complaint or an authorized 

representative. After the FAA confirms 

that the complaint meets these 

requirements, it sends a copy of the 

complaint to the subjects of the 

complaint and gives them an 

opportunity to submit a written answer. 

If a complaint does not meet these 

requirements, it is considered a report of 

violation under proposed 14 CFR 13.2 

(current 14 CFR 13.1). 

The FAA uses the information in the 

complaint and answer to determine if 

there are reasonable grounds for 

investigating the complaint. If the FAA 

determines there are reasonable 

grounds, the FAA proceeds with an 

investigation. If not, the FAA may 

dismiss the complaint and give the 

reason for dismissal in writing to both 

the person who filed the complaint and 

the subjects of the complaint. 

Respondents: Formal complaints are 

typically submitted by an individual or 

organization. Almost all formal 

complaints are evenly split between 

three basic categories (complainant 

listed first): Individual vs. individual, 

individual vs. organization, and 

organization vs. organization. 

Frequency: The FAA estimates this 

collection of information would result 

in about seven formal complaints per 

year based on FAA data. 

Estimated Average Burden per 

Response: The estimated average burden 

on the public for each complaint and 

response under § 13.5 is eight hours, 

broken down as follows: It would take 

an individual about four hours to write 


sradovich on DSKJLST7X2PROD with NOTICES
Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices 50205 

1For this notice and the Federal Register notice 

with the 60-day comment period, the FAA used 

updated figures in its estimate from those used in 

the NPRM. 

2This assumes each formal complaint would 

meet the requirements as laid out in 14 CFR 13.5(b), 

so the FAA could send a copy of the complaint to 

the subject of each complaint to give them an 

opportunity to submit a written answer. 3Source: U.S. Bureau of Labor Statistics, May 

2018 National Occupational Employment and Wage 

Estimates, see Occupational Code #00–0000, All 

Occupations (https://www.bls.gov/oes/2018/may/ 

oes_nat.htm). 4 Derived from the U.S. Bureau of Labor Statistics, 

Employer Costs for Employee Compensation– 

September 2019 (https://www.bls.gov/news.release/ 

archives/ecec_09172019.pdf, September 17, 2019 

release), which indicates that wages and salaries 

were 68.6% of total employee compensation (salary 

and benefits) providing a fringe benefit factor of 

about 1.4577 (=1 ÷ 0.686). The FAA uses this factor 

to estimate the total ‘‘burdened’’ employee 

compensation (salary and benefits) hourly wage rate 

of $36.36 (=$24.98 × 1.4557). 

5https://www.gpo.gov/docs/default-source/ 

gpoexpress-pdf-files/gpo_express_pricelist.pdf. 

6https://www.usps.com/ship/insurance-extraservices.htm. 

7The FAA assumes that 75% of the work would 

be performed by an FAA attorney at a grade level 

14 step five hourly wage of $60.83 and 25% by an 

FAA attorney at a grade level 15 step five hourly 

wage of $71.56 (wages based on U.S. Office of 

Personnel Management General Schedule Salary 

Data). 

8The FAA uses a civilian fringe benefit cost 

factor of 36.25% (or 1.3625) to estimate the total 

‘‘burdened’’ FAA employee compensation (salary 

and benefits) hourly wage rate of $86.54 (=$63.51 

× 1.3625). The civilian fringe benefit cost factor is 

based on guidance from the U.S. Office of 

Management and Budget (https://

www.whitehouse.gov/sites/whitehouse.gov/files/ 

omb/memoranda/2008/m08-13.pdf). 

a formal complaint acceptable under 

§ 13.5. Most of this time would be the 

research required to determine which 

laws the subject of the complaint 

allegedly violated. The second largest 

amount of time would be devoted to 

writing the ‘‘concise but complete’’ 

statement of facts substantiating the 

complaint. After the FAA reviews the 

complaint and confirms it meets the 

requirements, each subject of the 

complaint would have an opportunity to 

submit a written answer. The FAA 

estimates it would take the subject of 

the complaint about four hours to write 

an answer to the complaint. 

The estimated average burden on the 

FAA for each complaint is eight hours, 

broken down as follows: A complaint 

would take the FAA no more than four 

hours to review to confirm it meets the 

requirements as laid out in 14 CFR 

13.5(b). The FAA would take an 

additional hour to send the complaint to 

the subjects of that complaint. The FAA 

would then take another estimated three 

hours to determine if an investigation 

would be necessary. 

Estimated Total Annual Burden: 1 The 

FAA estimates the total annual 

combined (public + FAA) annual 

burden and cost of the information 

requirements to be about 112 hours and 

$7,138. 

For the public, the estimated total 

annual hourly burden would be 56 

hours, and the estimated total annual 

cost burden would be about $2,036. 

This burden to the public is calculated 

as follows: Based on the number of 

formal complaints the FAA received 

during the three years preceding 

preparation of the NPRM, the FAA 

estimates there would be seven 

complaints filed per year by seven 

complainants. Each complaint would 

take no more than four hours to 

complete. The annual hourly burden 

would be 28 hours for the public to 

submit formal complaints (7 complaints 

× 4 hours = 28 hours). After the FAA 

reviews the complaint and confirms it 

meets the requirements, each subject of 

the complaint would have an 

opportunity to submit a written answer. 

The FAA estimates this would take the 

subject four hours. The annual hourly 

burden to the public would be another 

28 hours for the subject of the complaint 

to provide a written answer (7 written 

answers × 4 hours = 28 hours).2 The 

total annual hourly burden to the public 

would be 56 hours. Since a complainant 

and a subject of a complaint could be 

employed in any occupation, the FAA 

selected a mean hourly wage rate for all 

occupations in the United States. The 

U.S. Bureau of Labor Statistics estimates 

the mean hourly wage rate of all 

occupations was $24.98 in May 2018.3

The FAA estimates the total burdened 

hourly wage rate is $36.36 when 

including full employee benefits.4 The 

total annual cost burden to the public 

would be about $2,036 ($36.36 × 56 

hours). In addition to labor hours, the 

complainants would incur copying and 

mailing costs for seven annual 

complaints estimated at $102.90; or 

$52.15 for complainants [($.50 for a 5- 

page complaint, including attachments, 

at $.10 per page 5 + $6.95 first-class 

certified mail with return receipt 6) × 7] 

and $50.75 for subjects of complaints 

[($.30 for a 3-page response, including 

attachments, at $.10 per page + $6.95 

first-class certified mail with return 

receipt) × 7]. 

For the FAA, the estimated total 

annual hourly burden would be 56 

hours, and the estimated total annual 

cost burden would be about $4,846. 

This burden to the FAA is calculated as 

follows: The complaint would take the 

FAA no more than four hours to review 

to confirm it meets the requirements as 

laid out in 14 CFR 13.5(b), which results 

in an annual time burden of 28 hours (7 

complaints × 4 hours = 28 hours). The 

FAA would take an additional hour to 

send the complaint to the subjects of 

that complaint, which would add seven 

hours (7 complaints × 1 hour = 7 hours). 

The FAA would then take another 

estimated three hours to determine if an 

investigation would be necessary, 

adding 21 hours (7 complaints × 3 hours 

= 21 hours) to the FAA annual burden. 

This results in a total annual burden of 

56 hours (28 hours + 7 hours + 21 hours 

= 56 hours) for the FAA. The FAA 

assumes an FAA hourly wage rate of 

$63.51.7 The FAA estimates the total 

burdened FAA hourly wage rate to be 

$86.54 when including full civilian 

employee benefits.8 The total annual 

cost burden to the FAA to review and 

process the complaint would be $4,846 

($86.54 × 56 = $4,846). In addition to 

labor hours, the FAA would incur 

copying and mailing costs for seven 

annual complaints estimated at $152.95; 

or $52.85 for mailing complaints to 

subjects [($.60 for a 5-page complaint 

with a 1-page cover letter at $.10 per 

page + $6.95 first-class certified mail 

with return receipt) × 7] and $100.10 for 

mailing the agency’s determination to 

both complainants and subjects of 

complaints [2 × ($.20 for a 2-page 

determination letter at $.10 per page + 

$6.95 first-class certified mail with 

return receipt) × 7]. 

Issued in Washington, DC, on September 1, 

2021. 

Cynthia A Dominik, 

Assistant Chief Counsel for Enforcement 

Division. 

[FR Doc. 2021–19271 Filed 9–3–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Intent To Prepare a Draft 

Environmental Impact Statement for 

the Interstate 405 ExpressLanes 

Project, in Los Angeles County, 

California 

AGENCY: Federal Highway 

Administration (FHWA), Department of 

Transportation (DOT). 

ACTION: Notice of intent (NOI) to prepare 

a draft environmental impact statement 

for the Interstate 405 (I–405) 

ExpressLanes project. 

SUMMARY: The FHWA, on behalf of the 

California Department of Transportation 

(Caltrans), is issuing this notice to 

advise the public that a Draft EIS will 

be prepared for the I–405 ExpressLanes 


sradovich on DSKJLST7X2PROD with NOTICES