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Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices 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
13.5b. 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 1 For 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.
2 This assumes each formal complaint would meet the requirements as laid out in 14 CFR 13.5b, so the FAA could send a copy of the complaint to
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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 5page 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 13.5b, 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
the subject of each complaint to give them an opportunity to submit a written answer.
3 Source: U.S. Bureau of Labor Statistics, May 2018 National Occupational Employment and Wage Estimates, see Occupational Code 000000, 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.
5 https www.gpo.gov/docs/default-source/
gpoexpress-pdf-files/gpo_express_pricelist.pdf.
6 https www.usps.com/ship/insurance-extraservices.htm.

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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 agencys 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. 202119271 Filed 9321; 8:45 am BILLING CODE 491013P

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 Federal Highway Administration FHWA, Department of Transportation DOT.

AGENCY:

Notice of intent NOI to prepare a draft environmental impact statement for the Interstate 405 I405
ExpressLanes project.

ACTION:

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 I405 ExpressLanes
SUMMARY:

7 The 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.
8 The 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.

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