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U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION ORDER 8000.373C National Policy Effective date: 06/08/2022 SUBJ: Federal Aviation Administration Compliance Program 1. Purpose of This Order. This order sets forth the Federal Aviation Administration (FAA) Compliance Program as the overarching guidance for implementing the FAA’s strategic safety oversight approach to meet the challenges of today’s rapidly changing aerospace systems. This order also establishes the means by which the FAA will monitor the operation and effectiveness of the Compliance Program.
2. Audience. This order applies to the compliance and enforcement programs and activities of all FAA offices that have regulatory responsibilities. These offices include the Flight Standards Service, Aircraft Certification Service, Office of Aerospace Medicine, Air Traffic Safety Oversight Service, Office of Airports, Office of Security and Hazardous Materials Safety, and Office of Commercial Space Transportation.
3. Where Can I Find This Order? You can find this order on the MyFAA Employee website: https://employees.faa.gov/tools_resources/orders_notices / . This order is available to the public at http://www.faa.gov/regulations_policies/orders_notices / .
4. Compliance Program.
a. The FAA establishes regulatory standards to ensure safe operations in the National Airspace System (NAS). The FAA’s safety system is dependent upon adherence to those regulatory standards.
b. The aerospace communities have a statutory obligation to comply with established regulatory standards. This obligation includes a duty to develop and use processes and procedures that will prevent deviation from regulatory standards. The Compliance Program is instrumental in ensuring compliance with regulations.
c. When deviations from regulatory standards do occur, the FAA’s goal is to use the most effective means to ensure an individual or entity returns to full compliance and prevent reoccurrence.
d. The Compliance Program intends to foster an open and transparent exchange of comprehensive safety data between the FAA and aerospace communities, as well as to promote the identification of safety hazards and management of risk.
Distribution: Electronic Initiated By: AVS-1 06/08/22 8000.373C e. The FAA recognizes that some deviations arise from factors such as flawed procedures, simple mistakes, lack of understanding, or diminished skills. The FAA believes that deviations of this nature can most effectively be corrected through root cause analysis and training, education, or other appropriate improvements to procedures or training programs for regulated entities, which are documented and verified to ensure effectiveness.
f. Instances of repeated deviations might result in enforcement. Additionally, legal enforcement is appropriate for refusal or failure to adopt methods to remediate deviations.
g. The FAA views intentional or reckless deviations from regulatory standards, as defined in the FAA's compliance and enforcement guidance, or deviations from regulatory standards that otherwise present an unacceptable risk to safety as posing the highest risk to safe operation of the NAS. Legal enforcement is appropriate for such deviations.
h. The FAA will respond to regulatory violations involving law enforcement-related activities with appropriate action. Legal enforcement will be taken when required by law.
i. Matters involving competence or qualification of holders of certificates, approvals, authorizations, licenses, or permits will be addressed with appropriate remedial measures, which might include retraining or enforcement.
5. Executive Council and Steering Committee for Oversight of the Compliance Program.
An Executive Council and a Steering Committee monitor the operation and effectiveness of the Compliance Program. The Executive Council and the Steering Committee include representatives from all program offices with regulatory responsibility, as well as the Office of the Chief Counsel.
a. Executive Council. The Executive Council is chaired by a person appointed by the FAA Administrator and provides oversight of the Steering Committee. The Chair annually reports findings relevant to the Compliance Program to the Administrator. The report includes any trends in noncompliance by persons subject to the Compliance Program, FAA deficiencies with the continued implementation of the Compliance Program, and recommendations to improve the effectiveness of the Compliance Program in achieving the highest levels of aerospace safety.
b. Steering Committee. The Steering Committee identifies, collects, analyzes, and monitors data relating to the use of the Compliance Program across all relevant program offices.
The Steering Committee provides the Executive Council with information necessary to carry out the functions described in paragraph 5.a., to include recommendations pertaining to the functioning, operation, and effectiveness of the Compliance Program.
Billy Nolen Acting Administrator