Update to Investigative and Enforcement Procedures Final Rule

The Federal Aviation Administration (FAA) published an Update to Investigative and Enforcement Procedures notice of proposed rulemaking (NPRM) in the Federal Register on February 12, 2019 (84 FR 3614). The NPRM proposed updates to subparts A through G of 14 Code of Federal Regulation part 13, which provide procedural rules governing investigations and enforcement actions taken by FAA. The majority of the rules in part 13 were last amended a decade or more ago. Since then, there have been statutory, organizational, and technological changes that necessitated the proposed updates. 

In response to the NPRM, FAA received comments and changed the following part 13 sections in the final rule, 86 FR 54514 (Oct. 1, 2021), in response to these comments, with no privacy implications: 13.5(g), 13.63(a), 13.211(g), 13.45(b), 13.211(h), 13.39, and 13.218(f)(3)(ii). The final rule updates statutory and regulatory references, eliminates inconsistencies, clarifies ambiguity, increases efficiency, and improves readability. The rule also discontinues FAA’s requirement of publication of all documents filed in a matter in the Federal Docket Management System (FDMS) website for subpart G adjudications, thus reducing publication of any personally identifiable information (PII) related to these matters. As required by the e-Government Act of 2002, and the Consolidated Appropriations Act, 2005, Pub. L. 108-447, FAA is publishing this Privacy Impact Assessment (PIA) to inform the public of the privacy risks and mitigation strategies associated with FAA’s collection, use, dissemination, and retention of PII resulting from the final rule.