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8900.1 CHG 422

VOLUME 14  COMPLIANCE AND ENFORCEMENT

CHAPTER 3  SPECIAL CONSIDERATIONS

Section 11  Special Emphasis Programs

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14-3-11-1    GENERAL. It is the policy of the Federal Aviation Administration (FAA) generally to avoid instituting mandatory sanction programs. However, at times special situations arise, which dictate the need for stepped-up enforcement through increased sanctions to bring about compliance in certain areas where normal compliance programs, including remedial actions, are ineffective. Therefore, when necessary to reduce an elevated or critical incidence of noncompliance, special emphasis programs may be instituted in all or part of the National Airspace System (NAS). They will be instituted nationally by a joint determination of the Office of the Executive Director, Flight Standards Service (AFX-1) and the Office of the Chief Counsel (AGC-1). For other than NAS-wide programs, the responsible Flight Standards office must coordinate with the Assistant Chief Counsel for Enforcement.

A.    Predetermined Sanctions. Cases affected by these programs which raise initial enforcement actions to a predetermined sanction (e.g., 60-day certificate suspension for beach buzzing in a certain area of concern) will remain subject to later modification based upon presentation of mitigating factors or other extenuating circumstances.

B.    Use of Special Emphasis Programs. Special emphasis programs may be used when it has been determined that the increased sanctions should bring about compliance, that the results are measurable, and that upon return to normal or noncritical status in the area of concern the programs will be discontinued.

C.    Publicity. Before instituting a special emphasis program, adequate publicity regarding the program must be given through such means as letters to airmen, pilot forums, news media, etc. Also, a tracking method must be instituted to measure the ongoing results until termination of the program.

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D.    Compliance and Enforcement Bulletins. As described in Order 2150.3, FAA Compliance and Enforcement Program, chapter 1, subparagraph 7c, the FAA may issue short-term or urgent directives of fixed duration, as well as special emphasis programs, such as Compliance and Enforcement (C&E) Bulletins. C&E Bulletins are published as changes to Order 2150.3, located in Appendix B of that order. C&E Bulletins will state when they supersede sections of that order.

14-3-11-3 through 14-3-11-17 RESERVED.