Agency Information Collection Activities: Requests for Comments; Clearance of a New Approval of Information Collection: Compliance and Enforcement Actions (CEA) & Voluntary Disclosure Report (VDR), 31300-31302 [2023-10405]

Agencies

• Federal Aviation Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 88, Number 94 (Tuesday, May 16, 2023)]
[Notices]
[Pages 31300-31302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10405]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2022-0040]


Agency Information Collection Activities: Requests for Comments; 
Clearance of a New Approval of Information Collection: Compliance and 
Enforcement Actions (CEA) & Voluntary Disclosure Report (VDR)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA 
invites public comments about our intention to request the Office of 
Management and Budget (OMB)

[[Page 31301]]

approval for a new information collection. The Federal Register Notice 
with a 60-day comment period soliciting comments on the following 
collection of information was published on October 03, 2022. The 
collection involves Regulated Entity (RE) users that create and submit 
Compliance and Enforcement Action (CE) activity and Voluntary 
Disclosure Report (VDR) submittals to the FAA. The FAA enters and 
processes this activity and submittals using the Aviation Safety 
Knowledge Management Environment Compliance and Enforcement Actions 
(ASKME CEA) application. The information to be collected will be used 
to support processing CE and VDR processing for ASKME CEA application 
users and is necessary because it automates the process by which REs 
may disclose to the FAA potential occurrence of noncompliance to 
requirements.

DATES: Written comments should be submitted by June 15, 2023.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Ernie Billingsley by email at: 
[email protected]; phone: 405-954-7407.

SUPPLEMENTARY INFORMATION: 
    Public Comments Invited: You are asked to comment on any aspect of 
this information collection, including (a) Whether the proposed 
collection of information is necessary for FAA's performance; (b) the 
accuracy of the estimated burden; (c) ways for FAA to enhance the 
quality, utility and clarity of the information collection; and (d) 
ways that the burden could be minimized without reducing the quality of 
the collected information.
    OMB Control Number: 2120-XXXX.
    Title: Compliance and Enforcement Actions (CEA) & Voluntary 
Disclosure Report (VDR).
    Form Numbers: There is no standard form to use for CEA and VDR 
submissions.
    Type of Review: A new information collection.
    Background: The Federal Register Notice with a 60-day comment 
period soliciting comments on the following collection of information 
was published on October 03, 2022 (FR Citation 2022-21373). The CEA 
system supports ASKME users. ASKME users are AIR employees who perform 
oversight activities of design and manufacturing regulated entities, 
including production approval holders, design approval holders, and 
organizational designation authorization holders. REs such as 
manufacturers, delegated organizations (Organization Designation 
Authorization) and design holders regulated by the FAA will communicate 
and exchange information with the FAA. The ASKME CEA is an internal 
web-based application and provides an more efficient process for CE and 
VDR activity received from manufacturers, delegated organizations and 
design holders.

Compliance and Enforcement Actions (CEA)

    Title 49 United States Code, Subtitle VII--Aviation Programs 
encourages the development of civil aeronautics, and promotes safety in 
air commerce. Sections 44709, 44711 and 44736 allow the Department of 
Transportation or the Administrator of the Federal Aviation 
Administration (FAA) to re-inspect and perform oversight activities for 
civil aircraft, aircraft engine, propeller, appliance, design 
organization, production certificate holder, and Organization 
Designation Authorizations. An Organization Designation Authorization 
or ``ODA'' is an authorization by the FAA under section 44702(d) for an 
organization composed of 1 or more ODA units to perform approved 
functions on behalf of the FAA. See 49 U.S.C. 44736
    Section 44709 allows the FAA to re-inspect at any time a civil 
aircraft, aircraft engine, propeller, appliance, design organization, 
production certificate holder, air navigation facility, or air agency, 
or reexamine an airman holding a certificate issued under 49 U.S.C. 
44703.
    Section 44711 prohibitions a person from violating a term of an air 
agency, design organization certificate, or production certificate or a 
regulation prescribed or order issued under section 44701(a) or (b) or 
any of sections 44702-44716 related to the holder of the certificate;
    Under section 44736, when overseeing an ODA holder, the 
Administrator of the FAA shall conduct regular oversight activities by 
inspecting the ODA holder's delegated functions and taking action based 
on validated inspection findings. When the FAA officials perform 
section 44709 re-inspection or oversight activities and discovers 
violations, they process them using FAA Orders 8000.373B, Federal 
Aviation Administration Compliance Program, 2150.3C, FAA Compliance and 
Enforcement Program and AIR-002-035 Aircraft Certification Service 
(AIR) Compliance and Enforcement Process.

Voluntary Disclosure Report (VDR)

    Title 14 Code of Federal Regulations, Part 193 of the Federal 
Aviation Administration (FAA) regulations provides that certain 
information submitted to the FAA on a voluntary basis is not to be 
disclosed. This part implements statutory provision 49 U.S.C. 40123. 
The purpose of Part 193 is to encourage the aviation community to 
voluntarily share information with the FAA so that the agency may work 
cooperatively with industry to identify modifications to rules, 
policies, and procedures needed to improve safety, security, and 
efficiency of the National Airspace System. The information collection 
associated with Part 193 also supports the Department of 
Transportation's Strategic Goal of Safety and Security.
    To encourage people to voluntarily submit desired information, 
Sec.  40123 was added to Title 49, United States Code, in the Federal 
Aviation Reauthorization Act of 1996. Section 40123 allows the 
Administrator, through FAA regulations, to protect from disclosure 
voluntarily provided information relating to safety and security 
issues.
    The White House Commission on Aviation Safety and Security issued a 
recommendation \i\ on this subject. In Recommendation 1.8, the 
Commission noted that the most effective way to identify problems is 
for the people who operate the system to self-disclose the information, 
but that people will not provide information to the FAA unless it can 
be protected.
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    \i\ https://www.hsdl.org/?abstract&did=1839.
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    FAA programs that are covered under Part 193 are the Voluntary 
Safety Reporting Programs (FAA Order 7200.20), Air Traffic and 
Technical Operations Safety Action Programs (FAA Order 7200.22), Flight 
Operational Quality Assurance (FAA Order 8000.81), Aviation Safety 
Action Program (FAA Order 8000.82), and Voluntary Disclosure Reporting 
Program (FAA Order 8000.89). The AIR ASKME CEA application supports the 
electronic processing of the three main compliance and enforcement 
actions as defined by FAA Order 2150.3C, Compliance and Enforcement 
Program. These actions are Voluntary Disclosure Reports, Compliance 
Actions and Enforcement Actions.
    Respondents: Respondents are aviation design and manufacturing 
regulated entities, including production

[[Page 31302]]

approval holders, design approval holders, and organizational 
designation authorization holders. Responding to the collection of data 
is voluntary and will be respond to actions in writing and processed by 
the FAA through the ASKME CEA application. FAA staff of AIR including 
Aviation Safety Inspectors (ASIs), Aviation Safety Engineers (ASEs), 
their supervisors and managers, and Organization Designation 
Authorization (ODA) Organization Management Team (OMT) members receive 
information submitted by the regulated entities.
    Frequency: As needed.
    Estimated Average Burden per Response: These reports require an 
average of 17 hour each to prepare.
    Estimated Total Annual Burden: The total estimated burden hours 
based on the average Compliance and Enforcement/VDR closed cases 
activity from the CEA & Boeing Aviation Safety Oversight Office (BASSO) 
databases annually is 6048.

    Issued in Washington, DC, on May 9, 2023.
Ernie Billingsley,
Business Program Manager, AIR-952, Enterprise Business Operations 
Division and Technology Systems Services Branch.
[FR Doc. 2023-10405 Filed 5-15-23; 8:45 am]
BILLING CODE 4910-13-P