FAA VOLUNTARY DISCLOSURE PROGRAM UNDER SCRUTINY
May 13, 2015
A recent investigation by a DOT-appointed inspector found that, in numerous instances, the FAA did not penalize U.S. carriers for carrying dangerous goods on aircraft when it should have. Under the FAA’s Voluntary Disclosure Program (instituted in 2006), carriers are allowed to self-report violations to the Administration within 24 hours and avoid civil penalties, so long as the reporting carrier completes comprehensive mitigation and performs subsequent self-audits for compliance. The FAA, in turn, is required to evaluate reports submitted by carriers and determine whether the carrier’s mitigation efforts are sufficient. If they are not, the FAA may initiate an enforcement action.
According to DOT’s investigation, the FAA did not pursue enforcement action against numerous airlines under the program, and failed to provide documentation demonstrating that reporting carriers had in fact instituted mitigation and performed the required self-audits. The FAA’s failure to properly implement its Voluntary Disclosure Program resulted in carriers repeatedly shipping forbidden hazardous materials on passenger aircraft with no penalty because they self-reported.
The DOT inspector made recommendations for improving the program, including a requirement for air carriers to provide the FAA with sufficient evidence that mitigation and self-audits have been completed, that regional managers receive additional training, and that airlines be provided with more clarity on program requirements. The FAA expects to implement these and other recommendations by year-end.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).