Improving Safety

When the FAA Hotline is Ineffective

The FAA hosts a Whistleblower complaint hotline on their website. They make it super easy to report your safety concerns. However, after you report and the investigation is complete, what happens when the the FAA decides to allow airline management to "workaround" the very regulations that were designed to improve safety? What happens when the FAA does not enforce the basic statute of Safety Management Systems (SMS) regarding risk mitigation? What good was the reporting if the file is buried? In some cases the files go "missing".  

Public awareness helps improve safety, and the very reason that AIR21 trials are open to the public. I recently learned that there is a "formal" complaint process under CFR 14 § 13.5, making complaints available to any interested person. This process is more cumbersome than the online venue, yet the FAA cannot hide the complaints and their subsequent decisions. 

§ 13.5 Formal complaints

(a) Any person may file a complaint with the Administrator with respect to a violation by a person of any requirement under 49 U.S.C. subtitle VII, 49 U.S.C. chapter 51, or any rule, regulation, or order issued under those statutes, as to matters within the jurisdiction of the Administrator. This section does not apply to complaints against the Administrator or employees of the FAA acting within the scope of their employment.

(b) Complaints filed under this section must:

(1) Be submitted in writing and identified as a complaint seeking an appropriate order or other enforcement action;

(2) Be submitted to the Federal Aviation Administration, Office of the Chief Counsel, Attention: Formal Complaint Clerk (AGC-300), 800 Independence Avenue SW, Washington, DC 20591;

(3) Set forth the name and address, if known, of each person who is the subject of the complaint and, with respect to each person, the specific provisions of the statute, rule, regulation, or order that the complainant believes were violated;

(4) Contain a concise but complete statement of the facts relied upon to substantiate each allegation;

(5) State the name, address, telephone number, and email of the person filing the complaint; and

(6) Be signed by the person filing the complaint or an authorized representative.

(c) A complaint that does not meet the requirements of paragraph (b) of this section will be considered a report under § 13.2.

(d) The FAA will send a copy of a complaint that meets the requirements of paragraph (b) of this section to the subject(s) of the complaint by certified mail.

(e) A subject of the complaint may serve a written answer to the complaint to the Formal Complaint Clerk at the address specified in paragraph (b)(2) of this section no later than 20 days after service of a copy of the complaint. For purposes of this paragraph (e), the date of service is the date on which the FAA mailed a copy of the complaint to the subject of the complaint.

(f) After the subject(s) of the complaint have served a written answer or after the allotted time to serve an answer has expired, the Administrator will determine if there are reasonable grounds for investigating the complaint, and:

(1) If the Administrator determines that a complaint does not state facts that warrant an investigation or action, the complaint may be dismissed without a hearing and the reason for the dismissal will be given, in writing, to the person who filed the complaint and the subject(s) of the complaint; or

(2) If the Administrator determines that reasonable grounds exist, an informal investigation may be initiated or an order of investigation may be issued in accordance with subpart F of this part, or both. The subject(s) of a complaint will be advised which official has been delegated the responsibility under § 13.3(b) or (c), as applicable, for conducting the investigation.

(g) If the investigation substantiates the allegations set forth in the complaint, the Administrator may take action in accordance with applicable law and FAA policy.

(h) The complaint and other records relating to the disposition of the complaint are maintained in the Formal Complaint Docket (AGC-300), Office of the Chief Counsel, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591. 

Any interested person 

may examine any docketed material 

at that office at any time after

 the docket is established,  

except material that is required to be withheld from the public under applicable law, and may obtain a copy upon paying the cost of the copy. End. 

"Fear is a Reaction

Courage is a Decision" 

Winston Churchill

Safety is the goal and nobody should fear reporting any issue, especially when they have made every effort to solve the problem internally, to no avail. If you have a concern, reporting in this manner is worth the effort. 

Enjoy the Journey! 

XO Karlene