The FAA today published an updated Compliance and Enforcement Program, Order 2150.3B, that replaces Order 2150.3A which was originally issued back in 1988. The new order “articulates the FAA’s philosophy for using various remedies, including education, corrective action, informal action, remedial training, administrative action, and legal enforcement action, to address noncompliance with statutory and regulatory requirements enforced by the FAA. It provides for the public a written statement of the Administrator’s policy guidance for imposing sanctions for violations of such requirements.”
Order 2150.3B is effective today. However, the sanctions guidance in Order 2150.3B applies to violations occurring on or after October 1, 2007. Order 2150.3A applies to violations occurring before October 1, 2007. If you have any questions regarding Order 2150.3B, you should contact Cynthia A. Dominik, Office of the Chief of Counsel, Enforcement Division (AGC-300), Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone (202) 267-7158, e-mail Cynthia.Dominik@faa.gov.
The FAA has been promising an updated order for many years. A close reading of the 339 page Order, including the Sanction Guidance Table in Appendix B, will be necessary to determine what effect it will have on the FAA’s future enforcement activities.