Voluntary Disclosure Reporting Program, 64085-64088 [2016-21966]

Download as PDF Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Proposed Rules Airbus: Docket No. FAA–2016–9110; Directorate Identifier 2015–NM–196–AD. (a) Comments Due Date We must receive comments by November 3, 2016. (b) Affected ADs None. (c) Applicability This AD applies to Airbus Model A319– 115, A319–132, A320–214, A320–232, A321– 211, A321–213, and A321–231 airplanes, certificated in any category, as identified in Airbus Service Bulletin A320–52–1167, dated August 6, 2015. (d) Subject Air Transport Association (ATA) of America Code 52, Doors. (e) Reason This AD was prompted by a report of certain tie rod assemblies installed on the hinged fairing assembly of the main landing gear (MLG) with no cadmium plating on the rod end threads. We are issuing this AD to detect and correct the absence of cadmium plating on the rod end threads of the tie rod assemblies. The absence of cadmium plating could lead to galvanic corrosion of the tie rod end threads, resulting in rod end failure, loss of a MLG door, and consequent damage to the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. asabaliauskas on DSK3SPTVN1PROD with PROPOSALS (g) Inspection and Corrective Action Within 80 months after the airplane’s first flight, do a detailed inspection of each tie rod assembly having a part number (P/N) D52840212000 or D52840212002 at the MLG hinged fairing for the presence of cadmium plating (gold colored threads), in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320–52–1167, dated August 6, 2015. If during the inspection any tie rod assembly is found that does not have cadmium plating, before further flight, replace the tie rod assembly with a serviceable part having the same part number and cadmium plating, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320–52–1167, dated August 6, 2015. (h) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Branch, send it to ATTN: Sanjay Ralhan, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind VerDate Sep<11>2014 19:46 Sep 16, 2016 Jkt 238001 Avenue SW., Renton, WA 98057–3356; telephone 425–227–1405; fax 425–227–1149. Information may be emailed to: 9-ANM-116AMOC-REQUESTS@faa.gov. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. The AMOC approval letter must specifically reference this AD. (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Branch, ANM– 116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA); or Airbus’s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature. (3) Required for Compliance (RC): If any service information contains procedures or tests that are identified as RC, those procedures and tests must be done to comply with this AD; any procedures or tests that are not identified as RC are recommended. Those procedures and tests that are not identified as RC may be deviated from using accepted methods in accordance with the operator’s maintenance or inspection program without obtaining approval of an AMOC, provided the procedures and tests identified as RC can be done and the airplane can be put back in an airworthy condition. Any substitutions or changes to procedures or tests identified as RC require approval of an AMOC. (i) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2015–0234, dated December 8, 2015, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA–2016–9110. (2) For service information identified in this AD, contact Airbus, Airworthiness Office—EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email account.airworth-eas@ airbus.com; Internet http://www.airbus.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. Issued in Renton, Washington, on September 12, 2016. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2016–22435 Filed 9–16–16; 8:45 am] BILLING CODE 4910–13–P PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 64085 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 193 [Docket No. FAA–2006–24855] Voluntary Disclosure Reporting Program Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed order designating information as protected from disclosure. AGENCY: This notice describes a proposed order through which the Federal Aviation Administration plans to designate a certain category of information as protected from public disclosure pursuant to a Voluntary Disclosure Reporting Program. The Federal Aviation Administration is required to protect the information from disclosure to the public, including disclosure required by statute, such as the Freedom of Information Act, following issuance of an order designating the information as protected. The instant designation is intended to encourage participation in the Voluntary Disclosure Reporting Program. SUMMARY: Comments must be received on or before October 19, 2016. ADDRESSES: Send comments identified by Docket Number FAA–2006–24855 using any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your comments electronically. • Mail: Send comments to Docket Operations, M–30; U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room W12–140, West Building Ground Floor, Washington, DC 20590–0001. • Hand Delivery or Courier: Take comments to Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Fax: Fax comments to Docket Operations at 202–493–2251. Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at www.dot.gov/privacy. DATES: E:\FR\FM\19SEP1.SGM 19SEP1 64086 Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Proposed Rules Docket: Background documents or comments received may be read at http://www.regulations.gov at any time. Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: For questions concerning this action, contact Scott Crosier, ASI/Manager, Voluntary Disclosure Reporting Program (VDRP), Air Carrier Training Systems and Voluntary Safety Programs Branch, AFS–280, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (703) 661–0278; email: scott.crosier@faa.gov. Or, Hillary Heintz, AIR Compliance and Enforcement Program Manager, Aircraft Certification Service, AIR–150, 950 L’Enfant Plaza N SW., Washington, DC 20024; telephone (202) 267–1446; email: hillary.heintz@faa.gov. SUPPLEMENTARY INFORMATION: I. Authority for This Designation The FAA sets forth this designation pursuant to title 49 of the United States Code (49 U.S.C.) section 40123 and title 14, Code of Federal Regulations (14 CFR), part 193. asabaliauskas on DSK3SPTVN1PROD with PROPOSALS II. Overview of Proposed Designation On August 17, 2006, the Federal Aviation Administration (FAA) issued FAA Order 8000.89, Designation of Voluntary Disclosure Reporting Program (VDRP) Information as Protected from Public Disclosure under part 193. The FAA published the Notice of Order in the Federal Register. 71 FR 54405 (Sept. 15, 2006). This Proposed Order Designating Information as Protected from Disclosure will retain the current protection provided for disclosures under FAA Order 8000.89 while also designating disclosures to the agency by entities as provided in Advisory Circular (AC) 00–68 as protected from public disclosure in accordance with the provisions of part 193. The comment period for the contents of AC 00–68 opened on June 12, 2015 and closed on August 7, 2015. III. Background Under 49 U.S.C. 40123, certain voluntarily provided safety and security information is protected from disclosure to encourage persons to provide the information to the FAA. The FAA must issue an order making certain findings before the information is protected from disclosure. The FAA’s rules VerDate Sep<11>2014 18:18 Sep 16, 2016 Jkt 238001 implementing that section are in part 193. If the Administrator issues an order designating information as protected under 49 U.S.C. 40123, that information will not be disclosed under the Freedom of Information Act (5 U.S.C. 552) or other laws except as provided in 49 U.S.C. 40123, 14 CFR part 193, and the order designating the information as protected. This proposed order is issued under § 193.11, which sets out the notice procedure for designating information as protected. IV. Discussion of the Proposal Summary of the VDRP Voluntary Information Sharing Program A. Who may participate: Regulated entities as provided in AC 00–58, as amended, AC 00–68, and AC 121–37. B. What voluntarily provided information would be protected from disclosure under this proposed designation: The content of all submissions by a regulated entity that are accepted under the VDRP, including, but not limited to, all of the items listed under Proposed Findings, Paragraph IV D(2) below. C. How persons would participate: Regulated entities participate by notification of an apparent violation to the FAA by the regulated entity in accordance with the VDRP reporting procedures, and completion of corrective actions in accordance with AC 00–58, as amended, AC 00–68, and AC 121–37. D. Duration of this information sharing program: This information sharing program would continue in effect indefinitely, unless the FAA terminates the VDRP, or until the order of designation under part 193 for the VDRP is withdrawn by the FAA. Proposed Findings The FAA proposes to designate information received under the VDRP as protected under 49 U.S.C. 40123 and 14 CFR 193.7 based on the following findings: (1) Summary of why the FAA finds that the information will be provided voluntarily. The FAA finds that the information will be provided voluntarily. No regulated entity is required to participate in the VDRP. Initiation of submissions under the VDRP are indicative of the willingness of regulated entities to identify and correct their own instances of regulatory noncompliance, develop long term comprehensive fixes or corrective action plans, and foster safe operating practices. (2) Description of the type of information that may be voluntarily PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 provided under the program and a summary of why the FAA finds that the information is safety or security related. The information that would be voluntarily submitted under a VDRP is described in AC 00–58, as amended, AC 00–68, and AC 121–37. Because the Federal Aviation Regulations specify the minimum requirements for safety, and VDRP submissions entail violations of those regulations, the information is inherently safety related. It would include the following: (a) Information contained in an initial notification to the FAA: —A brief description of the apparent violation, including an estimate of the duration of time that it remained undetected, as well as how and when it was discovered; —Verification that noncompliance ceased after it was identified; —A brief description of the immediate action taken after the apparent violation was identified, the immediate action taken to terminate the conduct that resulted in the apparent violation, and the person responsible for taking the immediate action; —Verification that an evaluation is underway to determine if there are any systemic problems; —Identification of the person responsible for preparing the comprehensive fix for disclosures under AC 00–58, as amended, and AC 121–37, or the corrective action plan for disclosures under AC 00–68; and —Acknowledgment that a detailed written report will be provided to the designated FAA official within the timeframe specified in AC 00–58, as amended, AC 121–37, or AC 00–68, as amended. (b) Information contained in a detailed written report: —A list of the specific FAA regulations that may have been violated; —A description of the apparent violation, including the duration of time it remained undetected, as well as how and when it was detected; —A description of the immediate action taken to terminate the conduct that resulted in the apparent violation, including when it was taken, and who was responsible for taking the action; —An explanation that shows the apparent violation was inadvertent; —Evidence that demonstrates the seriousness of the apparent violation and the regulated entity’s analysis of that evidence; —A detailed description of the proposed comprehensive fix or corrective action plan, outlining the planned corrective steps, the responsibilities for implementing E:\FR\FM\19SEP1.SGM 19SEP1 asabaliauskas on DSK3SPTVN1PROD with PROPOSALS Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Proposed Rules those corrective steps, and a time schedule for completion of the fix; and —Identification of the company official responsible for monitoring the implementation and completion of the comprehensive fix. (c) FAA generated documentation and electronic information that is directly associated with an accepted VDRP submission, including, but not limited to: —Acknowledgment of receipt of a VDRP submission; —Notification of VDRP acceptance, request for modification, or rejection; —Routine correspondence directly associated with a VDRP submission; —FAA records directly associated with FAA monitoring of a comprehensive fix or corrective action plan; —FAA Letter of Correction in accordance with AC 121–37 or, written notification in accordance with AC 00–58, as amended, and AC 00–68, as amended, for an accepted VDRP submission; and —All FAA electronic databases of VDRP submissions and FAA responses. (d) Information contained in a report submitted to the FAA under the informal voluntary disclosure reporting process described in AC 00–68, as amended, including, but not limited to: —A description of the apparent noncompliance; —A causal analysis of the apparent noncompliance; —The corrective action(s) taken or planned; and —The date by which the regulated entity will complete the corrective action(s). (3) Summary of why the FAA finds that the disclosure of the information would inhibit persons from voluntarily providing that type of information. The FAA finds that disclosure of the information would inhibit the voluntary provision of that type of information. Regulated entities are reluctant to voluntarily disclose instances of regulatory noncompliance if such submissions might be subject to public disclosure. A significant impediment to participation in the VDRP is concern over public disclosure of the information, and, if disclosed, the potential for it to be used for other than the system safety enhancement purposes for which the VDRP was created. Withholding such information from disclosure is consistent with the FAA’s safety and security responsibilities because, unless the FAA can provide assurance that it will not be disclosed, regulated entities will be reluctant to participate in the program. Information received under the VDRP VerDate Sep<11>2014 18:18 Sep 16, 2016 Jkt 238001 will be identified as such in each FAA line of business’s central database used to track submissions. To encourage continued use of the VDRP, the FAA will not keep the identity of persons reporting, or detailed information about disclosures, under that program in any central database. The FAA finds that by virtue of designating information provided under the VDRP as protected under part 193, the reluctance of regulated entities to participate due to concerns about possible disclosure of the information will be mitigated. In addition, FAA will be able to retain more information about the disclosures, including the identity of the reporters, in an FAA database, without negatively impacting participation in the VDRP. Disclosures under the VDRP enable the FAA to become aware of many more instances of regulatory noncompliance than it otherwise would and, moreover, the VDRP permits the FAA to assure that appropriate corrective action is taken. If regulated entities do not participate, the FAA and the public will be deprived of the opportunity to make the system safety improvements that receipt of the information otherwise enables. (4) Summary of why the receipt of that type of information aids in fulfilling the FAA’s safety and security responsibilities. The FAA finds that receipt of VDRP information aids in fulfilling the FAA’s safety and security responsibilities. A primary purpose of FAA regulations is to assure public safety. Because the VDRP identifies and corrects instances of regulatory noncompliance of which the FAA may be otherwise unaware, the program offers significant potential for enhancement of public safety. Receipt of this otherwise unavailable information would also provide the FAA with an improved basis for modifying procedures, policies, and regulations to improve safety and efficiency. (5) Summary of why withholding such information from disclosure would be consistent with the FAA’s safety and security responsibilities, including a statement as to the circumstances under which, and a summary of why, withholding such information from disclosure would not be consistent with the FAA’s safety and security responsibilities, as described in § 193.9. The FAA finds that withholding VDRP information provided to the FAA is consistent with the FAA’s safety responsibilities. The VDRP specifically provides that appropriate corrective action must be taken by the regulated entity for all instances of regulatory noncompliance accepted under the program. To be accepted by the FAA, PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 64087 apparent violations disclosed under the program must be inadvertent, and, where applicable, must not indicate a lack, or reasonable question of a lack, of qualification of the regulated entity. Corrective action under the VDRP can be accomplished by the regulated entity and verified by the FAA without disclosure of the protected information. If the FAA determines that the steps taken by the entity are not those documented in the written report, the submission may be excluded from the VDRP, and appropriate legal enforcement action may be initiated. The FAA will release information submitted under a VDRP as specified in part 193 and this proposed order. The FAA may disclose de-identified summary information to explain the need for changes in FAA policies, procedures, and regulations. The term ‘‘de-identified’’ means that the identity of the source of the information and the names of the regulated entity, employees, and other persons, as well as any other information that could be used to ascertain the identity of the submitter have been redacted. The FAA may disclose de-identified, summarized VDRP information that identifies a systemic problem in the aviation system, when other persons need to be advised of the problem so that they can take corrective action. The FAA may disclose de-identified aggregate statistical information concerning VDRP submissions. The FAA may disclose independently obtained information relating to any event disclosed in a VDRP report, unless the FAA determines that in the case of an accepted VDRP submission, release of such independently obtained information would be inconsistent with the provisions of this order, or would otherwise be prohibited by public law or regulation. The FAA also may disclose information concerning enforcement action taken for a regulatory violation initially identified in a VDRP submission, when that submission is not accepted by the FAA, or, if accepted, it is later excluded by the FAA because of the regulated entity’s failure to comply with the criteria of the VDRP. The FAA also may disclose any information about a disclosure initially submitted under the VDRP that is not accepted, or accepted but later excluded because of the regulated entity’s failure to comply with the criteria of the VDRP. (6) Summary of how the FAA will distinguish information protected under part 193 from information the FAA receives from other sources. In accordance with AC 00–58, as amended, AC 00–68, and AC 121–37, all E:\FR\FM\19SEP1.SGM 19SEP1 64088 Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Proposed Rules VRDP submissions must be clearly identified as such by the regulated entity making the submission. Any other information received by the FAA from the regulated entity concerning the content of a VDRP submission must be clearly labeled as follows to be eligible for protection under this designation: ‘‘WARNING: The Information in this Document is Protected from Disclosure under 49 U.S.C. 40123 and 14 CFR part 193.’’ If the information is submitted electronically, the warning notice must be appropriately embedded in the electronic submission in a fashion that assures the visibility of the warning to any viewer. Proposed Designation Accordingly, the FAA proposes to designate the above-described information submitted under a VDRP to be protected under 49 U.S.C. 40123 and part 193, when obtained by the FAA pursuant to an accepted VDRP submission. asabaliauskas on DSK3SPTVN1PROD with PROPOSALS A. Comments Invited The FAA invites interested persons to participate in this rulemaking by submitting written comments, data, or views. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. Before acting on this proposal, we will consider all comments we receive on or before the closing date for comments. We will consider comments filed late if it is possible to do so without incurring expense or delay. We may change this proposal in light of the comments we receive. B. Availability of This Proposed Designation An electronic copy of rulemaking documents may be obtained from the Internet by— 1. Searching the Federal eRulemaking Portal (http://www.regulations.gov); 2. Visiting the FAA’s Regulations and Policies Web page at http:// www.faa.gov/regulations_policies or 3. Accessing the Government Printing Office’s Web page at http:// www.gpo.gov/fdsys/. Copies may also be obtained by sending a request to the Federal Aviation Administration, Aircraft Certification Office, AIR–1, 800 Independence Avenue SW., Washington, DC 20591, or by calling (202) 267–8235. Commenters must identify the docket or notice number of this rulemaking. All documents the FAA considered in developing this proposed rule may be 18:18 Sep 16, 2016 Issued under authority provided by 49 U.S.C. 106(f) and 40123 in Washington, DC, on September 7, 2016. David W. Hempe, Deputy Director, Aircraft Certification Service, AIR–1. [FR Doc. 2016–21966 Filed 9–16–16; 8:45 am] BILLING CODE 4910–13–P Department may not be able to consider your comment. After the conclusion of the comment period, the Department will publish a Final Rule (in which it will address relevant comments) as expeditiously as possible. FOR FURTHER INFORMATION CONTACT: James McDaniel, Management Analyst, Office of the Comptroller, Bureau of Consular Affairs, Department of State; phone: 202–485–6694, telefax: 202– 485–6826; email: fees@state.gov. SUPPLEMENTARY INFORMATION: DEPARTMENT OF STATE Background 22 CFR Part 22 The proposed rule makes a change to the Schedule of Fees. The Department sets and collects its fees based on the concept of full cost recovery. The Department completed its most recent review of current consular fees and will implement a change to the Schedule of Fees based on the costs of services calculated by the Fiscal Year 2014 update to the Cost of Service Model. [Public Notice: 9520] RIN 1400–AD81 Schedule of Fees for Consular Services, Department of State and Overseas Embassies and Consulates—Passport Services Fee Changes Department of State. Proposed rule. AGENCY: V. Additional information VerDate Sep<11>2014 accessed from the Internet through the Federal eRulemaking Portal referenced in item (1) above. Jkt 238001 What is the authority for this action? ACTION: The Department of State derives the general authority to set fees based on the cost of the consular services it provides, and to charge those fees, from the general user charges statute, 31 U.S.C. 9701. See, e.g., 31 U.S.C. 9701(b)(2)(A) (‘‘The head of each agency . . . may prescribe regulations establishing the charge for a service or thing of value provided by the agency . . . based on . . . the costs to the government.’’). As implemented through Executive Order 10718 of June 27, 1957, 22 U.S.C. 4219 further authorizes the Department to establish fees to be charged for official services provided by U.S. embassies and consulates. Several statutes address specific fees relating to passports. For instance, 22 U.S.C. 214(a) authorizes the Secretary of State to set the passport execution fee by regulation, and to authorize state and local government officials and the U.S. Postal Service to collect and retain the execution fee for each application for a passport accepted by such officials or the U.S. Postal Service. Certain people are exempted by law or regulation from paying specific fees. They include, for instance, exemptions from the passport execution and application fees for officers or employees of the U.S. government proceeding abroad in the discharge of official duties and exemption from the passport execution fee if those officers or employees execute their application before a federal official. See 22 U.S.C. 214(a); 22 CFR 22.1; 22 CFR 51.52(b). The Department last changed fees for passport services in an interim final rule The Department of State proposes an adjustment to the Schedule of Fees for Consular Services of the Department of State’s Bureau of Consular Affairs (‘‘Schedule of Fees’’ or ‘‘Schedule’’) for the execution fee for passport books and cards. The Department is adjusting this fee in light of the findings of the most recent annual update to the Cost of Service Model to better align the fees for consular services with the costs of providing those services. SUMMARY: The Department of State will accept comments on this proposed rule until November 18, 2016. ADDRESSES: Interested parties may submit comments to the Department by any of the following methods: • Visit the Regulations.gov Web site at: http://www.regulations.gov and search for the Regulatory Information Number (RIN) 1400–AD81 or docket number DOS–2016–0029. • Mail paper document: U.S. Department of State, Office of the Comptroller, Bureau of Consular Affairs (CA/C), SA–17, 8th Floor, Washington, DC 20522–1707. • Email: fees@state.gov. You must include the RIN (1400–AD81) in the subject line of your message. • All comments should include the commenter’s name, the organization the commenter represents, if applicable, and the commenter’s address. If the Department is unable to read your comment for any reason, and cannot contact you for clarification, the DATES: PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\19SEP1.SGM 19SEP1

Agencies

[Federal Register Volume 81, Number 181 (Monday, September 19, 2016)]
[Proposed Rules]
[Pages 64085-64088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21966]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 193

[Docket No. FAA-2006-24855]


Voluntary Disclosure Reporting Program

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed order designating information as protected 
from disclosure.

-----------------------------------------------------------------------

SUMMARY: This notice describes a proposed order through which the 
Federal Aviation Administration plans to designate a certain category 
of information as protected from public disclosure pursuant to a 
Voluntary Disclosure Reporting Program. The Federal Aviation 
Administration is required to protect the information from disclosure 
to the public, including disclosure required by statute, such as the 
Freedom of Information Act, following issuance of an order designating 
the information as protected. The instant designation is intended to 
encourage participation in the Voluntary Disclosure Reporting Program.

DATES: Comments must be received on or before October 19, 2016.

ADDRESSES: Send comments identified by Docket Number FAA-2006-24855 
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

[[Page 64086]]

    Docket: Background documents or comments received may be read at 
http://www.regulations.gov at any time. Follow the online instructions 
for accessing the docket or go to the Docket Operations in Room W12-140 
of the West Building Ground Floor at 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: For questions concerning this action, 
contact Scott Crosier, ASI/Manager, Voluntary Disclosure Reporting 
Program (VDRP), Air Carrier Training Systems and Voluntary Safety 
Programs Branch, AFS-280, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591; telephone: (703) 661-
0278; email: scott.crosier@faa.gov. Or, Hillary Heintz, AIR Compliance 
and Enforcement Program Manager, Aircraft Certification Service, AIR-
150, 950 L'Enfant Plaza N SW., Washington, DC 20024; telephone (202) 
267-1446; email: hillary.heintz@faa.gov.

SUPPLEMENTARY INFORMATION:

I. Authority for This Designation

    The FAA sets forth this designation pursuant to title 49 of the 
United States Code (49 U.S.C.) section 40123 and title 14, Code of 
Federal Regulations (14 CFR), part 193.

II. Overview of Proposed Designation

    On August 17, 2006, the Federal Aviation Administration (FAA) 
issued FAA Order 8000.89, Designation of Voluntary Disclosure Reporting 
Program (VDRP) Information as Protected from Public Disclosure under 
part 193. The FAA published the Notice of Order in the Federal 
Register. 71 FR 54405 (Sept. 15, 2006).
    This Proposed Order Designating Information as Protected from 
Disclosure will retain the current protection provided for disclosures 
under FAA Order 8000.89 while also designating disclosures to the 
agency by entities as provided in Advisory Circular (AC) 00-68 as 
protected from public disclosure in accordance with the provisions of 
part 193. The comment period for the contents of AC 00-68 opened on 
June 12, 2015 and closed on August 7, 2015.

III. Background

    Under 49 U.S.C. 40123, certain voluntarily provided safety and 
security information is protected from disclosure to encourage persons 
to provide the information to the FAA. The FAA must issue an order 
making certain findings before the information is protected from 
disclosure. The FAA's rules implementing that section are in part 193. 
If the Administrator issues an order designating information as 
protected under 49 U.S.C. 40123, that information will not be disclosed 
under the Freedom of Information Act (5 U.S.C. 552) or other laws 
except as provided in 49 U.S.C. 40123, 14 CFR part 193, and the order 
designating the information as protected. This proposed order is issued 
under Sec.  193.11, which sets out the notice procedure for designating 
information as protected.

IV. Discussion of the Proposal

Summary of the VDRP Voluntary Information Sharing Program

    A. Who may participate: Regulated entities as provided in AC 00-58, 
as amended, AC 00-68, and AC 121-37.
    B. What voluntarily provided information would be protected from 
disclosure under this proposed designation: The content of all 
submissions by a regulated entity that are accepted under the VDRP, 
including, but not limited to, all of the items listed under Proposed 
Findings, Paragraph IV D(2) below.
    C. How persons would participate: Regulated entities participate by 
notification of an apparent violation to the FAA by the regulated 
entity in accordance with the VDRP reporting procedures, and completion 
of corrective actions in accordance with AC 00-58, as amended, AC 00-
68, and AC 121-37.
    D. Duration of this information sharing program: This information 
sharing program would continue in effect indefinitely, unless the FAA 
terminates the VDRP, or until the order of designation under part 193 
for the VDRP is withdrawn by the FAA.

Proposed Findings

    The FAA proposes to designate information received under the VDRP 
as protected under 49 U.S.C. 40123 and 14 CFR 193.7 based on the 
following findings:
    (1) Summary of why the FAA finds that the information will be 
provided voluntarily.
    The FAA finds that the information will be provided voluntarily. No 
regulated entity is required to participate in the VDRP. Initiation of 
submissions under the VDRP are indicative of the willingness of 
regulated entities to identify and correct their own instances of 
regulatory noncompliance, develop long term comprehensive fixes or 
corrective action plans, and foster safe operating practices.
    (2) Description of the type of information that may be voluntarily 
provided under the program and a summary of why the FAA finds that the 
information is safety or security related.
    The information that would be voluntarily submitted under a VDRP is 
described in AC 00-58, as amended, AC 00-68, and AC 121-37. Because the 
Federal Aviation Regulations specify the minimum requirements for 
safety, and VDRP submissions entail violations of those regulations, 
the information is inherently safety related. It would include the 
following:
    (a) Information contained in an initial notification to the FAA:
--A brief description of the apparent violation, including an estimate 
of the duration of time that it remained undetected, as well as how and 
when it was discovered;
--Verification that noncompliance ceased after it was identified;
--A brief description of the immediate action taken after the apparent 
violation was identified, the immediate action taken to terminate the 
conduct that resulted in the apparent violation, and the person 
responsible for taking the immediate action;
--Verification that an evaluation is underway to determine if there are 
any systemic problems;
--Identification of the person responsible for preparing the 
comprehensive fix for disclosures under AC 00-58, as amended, and AC 
121-37, or the corrective action plan for disclosures under AC 00-68; 
and
--Acknowledgment that a detailed written report will be provided to the 
designated FAA official within the timeframe specified in AC 00-58, as 
amended, AC 121-37, or AC 00-68, as amended.
    (b) Information contained in a detailed written report:
--A list of the specific FAA regulations that may have been violated;
--A description of the apparent violation, including the duration of 
time it remained undetected, as well as how and when it was detected;
--A description of the immediate action taken to terminate the conduct 
that resulted in the apparent violation, including when it was taken, 
and who was responsible for taking the action;
--An explanation that shows the apparent violation was inadvertent;
--Evidence that demonstrates the seriousness of the apparent violation 
and the regulated entity's analysis of that evidence;
--A detailed description of the proposed comprehensive fix or 
corrective action plan, outlining the planned corrective steps, the 
responsibilities for implementing

[[Page 64087]]

those corrective steps, and a time schedule for completion of the fix; 
and
--Identification of the company official responsible for monitoring the 
implementation and completion of the comprehensive fix.
    (c) FAA generated documentation and electronic information that is 
directly associated with an accepted VDRP submission, including, but 
not limited to:
--Acknowledgment of receipt of a VDRP submission;
--Notification of VDRP acceptance, request for modification, or 
rejection;
--Routine correspondence directly associated with a VDRP submission;
--FAA records directly associated with FAA monitoring of a 
comprehensive fix or corrective action plan;
--FAA Letter of Correction in accordance with AC 121-37 or, written 
notification in accordance with AC 00-58, as amended, and AC 00-68, as 
amended, for an accepted VDRP submission; and
--All FAA electronic databases of VDRP submissions and FAA responses.
    (d) Information contained in a report submitted to the FAA under 
the informal voluntary disclosure reporting process described in AC 00-
68, as amended, including, but not limited to:
--A description of the apparent noncompliance;
--A causal analysis of the apparent noncompliance;
--The corrective action(s) taken or planned; and
--The date by which the regulated entity will complete the corrective 
action(s).
    (3) Summary of why the FAA finds that the disclosure of the 
information would inhibit persons from voluntarily providing that type 
of information.
    The FAA finds that disclosure of the information would inhibit the 
voluntary provision of that type of information. Regulated entities are 
reluctant to voluntarily disclose instances of regulatory noncompliance 
if such submissions might be subject to public disclosure. A 
significant impediment to participation in the VDRP is concern over 
public disclosure of the information, and, if disclosed, the potential 
for it to be used for other than the system safety enhancement purposes 
for which the VDRP was created. Withholding such information from 
disclosure is consistent with the FAA's safety and security 
responsibilities because, unless the FAA can provide assurance that it 
will not be disclosed, regulated entities will be reluctant to 
participate in the program. Information received under the VDRP will be 
identified as such in each FAA line of business's central database used 
to track submissions. To encourage continued use of the VDRP, the FAA 
will not keep the identity of persons reporting, or detailed 
information about disclosures, under that program in any central 
database.
    The FAA finds that by virtue of designating information provided 
under the VDRP as protected under part 193, the reluctance of regulated 
entities to participate due to concerns about possible disclosure of 
the information will be mitigated. In addition, FAA will be able to 
retain more information about the disclosures, including the identity 
of the reporters, in an FAA database, without negatively impacting 
participation in the VDRP. Disclosures under the VDRP enable the FAA to 
become aware of many more instances of regulatory noncompliance than it 
otherwise would and, moreover, the VDRP permits the FAA to assure that 
appropriate corrective action is taken. If regulated entities do not 
participate, the FAA and the public will be deprived of the opportunity 
to make the system safety improvements that receipt of the information 
otherwise enables.
    (4) Summary of why the receipt of that type of information aids in 
fulfilling the FAA's safety and security responsibilities.
    The FAA finds that receipt of VDRP information aids in fulfilling 
the FAA's safety and security responsibilities. A primary purpose of 
FAA regulations is to assure public safety. Because the VDRP identifies 
and corrects instances of regulatory noncompliance of which the FAA may 
be otherwise unaware, the program offers significant potential for 
enhancement of public safety. Receipt of this otherwise unavailable 
information would also provide the FAA with an improved basis for 
modifying procedures, policies, and regulations to improve safety and 
efficiency.
    (5) Summary of why withholding such information from disclosure 
would be consistent with the FAA's safety and security 
responsibilities, including a statement as to the circumstances under 
which, and a summary of why, withholding such information from 
disclosure would not be consistent with the FAA's safety and security 
responsibilities, as described in Sec.  193.9.
    The FAA finds that withholding VDRP information provided to the FAA 
is consistent with the FAA's safety responsibilities. The VDRP 
specifically provides that appropriate corrective action must be taken 
by the regulated entity for all instances of regulatory noncompliance 
accepted under the program. To be accepted by the FAA, apparent 
violations disclosed under the program must be inadvertent, and, where 
applicable, must not indicate a lack, or reasonable question of a lack, 
of qualification of the regulated entity. Corrective action under the 
VDRP can be accomplished by the regulated entity and verified by the 
FAA without disclosure of the protected information. If the FAA 
determines that the steps taken by the entity are not those documented 
in the written report, the submission may be excluded from the VDRP, 
and appropriate legal enforcement action may be initiated.
    The FAA will release information submitted under a VDRP as 
specified in part 193 and this proposed order. The FAA may disclose de-
identified summary information to explain the need for changes in FAA 
policies, procedures, and regulations. The term ``de-identified'' means 
that the identity of the source of the information and the names of the 
regulated entity, employees, and other persons, as well as any other 
information that could be used to ascertain the identity of the 
submitter have been redacted. The FAA may disclose de-identified, 
summarized VDRP information that identifies a systemic problem in the 
aviation system, when other persons need to be advised of the problem 
so that they can take corrective action. The FAA may disclose de-
identified aggregate statistical information concerning VDRP 
submissions. The FAA may disclose independently obtained information 
relating to any event disclosed in a VDRP report, unless the FAA 
determines that in the case of an accepted VDRP submission, release of 
such independently obtained information would be inconsistent with the 
provisions of this order, or would otherwise be prohibited by public 
law or regulation. The FAA also may disclose information concerning 
enforcement action taken for a regulatory violation initially 
identified in a VDRP submission, when that submission is not accepted 
by the FAA, or, if accepted, it is later excluded by the FAA because of 
the regulated entity's failure to comply with the criteria of the VDRP. 
The FAA also may disclose any information about a disclosure initially 
submitted under the VDRP that is not accepted, or accepted but later 
excluded because of the regulated entity's failure to comply with the 
criteria of the VDRP.
    (6) Summary of how the FAA will distinguish information protected 
under part 193 from information the FAA receives from other sources.
    In accordance with AC 00-58, as amended, AC 00-68, and AC 121-37, 
all

[[Page 64088]]

VRDP submissions must be clearly identified as such by the regulated 
entity making the submission. Any other information received by the FAA 
from the regulated entity concerning the content of a VDRP submission 
must be clearly labeled as follows to be eligible for protection under 
this designation: ``WARNING: The Information in this Document is 
Protected from Disclosure under 49 U.S.C. 40123 and 14 CFR part 193.'' 
If the information is submitted electronically, the warning notice must 
be appropriately embedded in the electronic submission in a fashion 
that assures the visibility of the warning to any viewer.

Proposed Designation

    Accordingly, the FAA proposes to designate the above-described 
information submitted under a VDRP to be protected under 49 U.S.C. 
40123 and part 193, when obtained by the FAA pursuant to an accepted 
VDRP submission.

V. Additional information

A. Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. The most 
helpful comments reference a specific portion of the proposal, explain 
the reason for any recommended change, and include supporting data. 
Before acting on this proposal, we will consider all comments we 
receive on or before the closing date for comments. We will consider 
comments filed late if it is possible to do so without incurring 
expense or delay. We may change this proposal in light of the comments 
we receive.

B. Availability of This Proposed Designation

    An electronic copy of rulemaking documents may be obtained from the 
Internet by--
    1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies or
    3. Accessing the Government Printing Office's Web page at http://www.gpo.gov/fdsys/.
    Copies may also be obtained by sending a request to the Federal 
Aviation Administration, Aircraft Certification Office, AIR-1, 800 
Independence Avenue SW., Washington, DC 20591, or by calling (202) 267-
8235. Commenters must identify the docket or notice number of this 
rulemaking.
    All documents the FAA considered in developing this proposed rule 
may be accessed from the Internet through the Federal eRulemaking 
Portal referenced in item (1) above.

    Issued under authority provided by 49 U.S.C. 106(f) and 40123 in 
Washington, DC, on September 7, 2016.
David W. Hempe,
Deputy Director, Aircraft Certification Service, AIR-1.
[FR Doc. 2016-21966 Filed 9-16-16; 8:45 am]
 BILLING CODE 4910-13-P