spaschal on DSK3GDR082PROD with CFR

Pt. 14

14 CFR Ch. I (1-1-19 Edition)

(3) Aggregate FOQA data means the
summary statistical indices that are
associated with FOQA event categories, based on an analysis of FOQA
data from multiple aircraft operations.
(c) Requirements. In order for paragraph (e) of this section to apply, the
operator must submit, maintain, and
adhere to a FOQA Implementation and
Operation Plan that is approved by the
Administrator and which contains the
following elements:
(1) A description of the operator-s
plan for collecting and analyzing flight
recorded data from line operations on a
routine basis, including identification
of the data to be collected;
(2) Procedures for taking corrective
action that analysis of the data indicates is necessary in the interest of
safety;
(3) Procedures for providing the FAA
with aggregate FOQA data;
(4) Procedures for informing the FAA
as to any corrective action being undertaken pursuant to paragraph (c)(2)
of this section.
(d) Submission of aggregate data. The
operator will provide the FAA with aggregate FOQA data in a form and manner acceptable to the Administrator.
(e) Enforcement. Except for criminal
or deliberate acts, the Administrator
will not use an operator-s FOQA data
or aggregate FOQA data in an enforcement action against that operator or
its employees when such FOQA data or
aggregate FOQA data is obtained from
a FOQA program that is approved by
the Administrator.
(f) Disclosure. FOQA data and aggregate FOQA data, if submitted in accordance with an order designating the
information as protected under part 193
of this chapter, will be afforded the
nondisclosure protections of part 193 of
this chapter.
(g) Withdrawal of program approval.
The Administrator may withdraw approval of a previously approved FOQA
program for failure to comply with the
requirements of this chapter. Grounds
for withdrawal of approval may include, but are not limited to - 
(1) Failure to implement corrective
action that analysis of available FOQA
data indicates is necessary in the interest of safety; or

(2) Failure to correct a continuing
pattern of violations following notice
by the agency; or also
(3) Willful misconduct or willful violation of the FAA regulations in this
chapter.
[Doc. No. FAA-2000-7554, 66 FR 55048, Oct. 31,
2001; Amdt. 13-30, 67 FR 31401, May 9, 2002]

PART 14 - RULES IMPLEMENTING
THE EQUAL ACCESS TO JUSTICE
ACT OF 1980
Subpart A - General Provisions
Sec.
14.01
14.02
14.03
14.04
14.05

Purpose of these rules.
Proceedings covered.
Eligibility of applicants.
Standards for awards.
Allowance fees and expenses.

Subpart B - Information Required From
Applicants
14.10
14.11
14.12

Contents of application.
Net worth exhibit.
Documentation of fees and expenses.

Subpart C - Procedures for Considering
Applications
14.20 When an application may be filed.
14.21 Filing and service of documents.
14.22 Answer to application.
14.23 Reply.
14.24 Comments by other parties.
14.25 Settlement.
14.26 Further proceedings.
14.27 Decision.
14.28 Review by FAA decisionmaker.
14.29 Judicial review.
14.30 Payment of award.
AUTHORITY: 5 U.S.C. 504; 49 U.S.C. 106(f),
40113, 46104 and 47122.
SOURCE: Docket No. 25958, 54 FR 46199, Nov.
1, 1989, unless otherwise noted.

Subpart A - General Provisions
Section 14.01

Purpose of these rules.

The Equal Access to Justice Act, 5
U.S.C. 504 (the Act), provides for the
award of attorney fees and other expenses to eligible individuals and entities who are parties to certain administrative proceedings (adversary adjudications) before the Federal Aviation
Administration (FAA). An eligible
party may receive an award when it

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