81_FR_64266 81 FR 64085 - Voluntary Disclosure Reporting Program

81 FR 64085 - Voluntary Disclosure Reporting Program

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 181 (September 19, 2016)

Page Range64085-64088
FR Document2016-21966

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.

Federal Register, Volume 81 Issue 181 (Monday, September 19, 2016)
[Federal Register Volume 81, Number 181 (Monday, September 19, 2016)]
[Proposed Rules]
[Pages 64085-64088]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21966]


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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: [email protected]. 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: [email protected].

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.thefederalregister.org/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



                                                                          Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Proposed Rules                                           64085

                                                      Airbus: Docket No. FAA–2016–9110;                       Avenue SW., Renton, WA 98057–3356;                    DEPARTMENT OF TRANSPORTATION
                                                          Directorate Identifier 2015–NM–196–AD.              telephone 425–227–1405; fax 425–227–1149.
                                                      (a) Comments Due Date                                   Information may be emailed to: 9-ANM-116-             Federal Aviation Administration
                                                                                                              AMOC-REQUESTS@faa.gov. Before using
                                                         We must receive comments by November
                                                                                                              any approved AMOC, notify your appropriate            14 CFR Part 193
                                                      3, 2016.
                                                                                                              principal inspector, or lacking a principal
                                                      (b) Affected ADs                                                                                              [Docket No. FAA–2006–24855]
                                                                                                              inspector, the manager of the local flight
                                                        None.                                                 standards district office/certificate holding         Voluntary Disclosure Reporting
                                                                                                              district office. The AMOC approval letter
                                                      (c) Applicability                                                                                             Program
                                                                                                              must specifically reference this AD.
                                                         This AD applies to Airbus Model A319–                   (2) Contacting the Manufacturer: For any           AGENCY:  Federal Aviation
                                                      115, A319–132, A320–214, A320–232, A321–                requirement in this AD to obtain corrective           Administration (FAA), DOT.
                                                      211, A321–213, and A321–231 airplanes,
                                                                                                              actions from a manufacturer, the action must          ACTION: Notice of proposed order
                                                      certificated in any category, as identified in
                                                      Airbus Service Bulletin A320–52–1167,                   be accomplished using a method approved               designating information as protected
                                                      dated August 6, 2015.                                   by the Manager, International Branch, ANM–            from disclosure.
                                                                                                              116, Transport Airplane Directorate, FAA; or
                                                      (d) Subject                                             the European Aviation Safety Agency                   SUMMARY:  This notice describes a
                                                        Air Transport Association (ATA) of                    (EASA); or Airbus’s EASA Design                       proposed order through which the
                                                      America Code 52, Doors.                                 Organization Approval (DOA). If approved by           Federal Aviation Administration plans
                                                      (e) Reason                                              the DOA, the approval must include the                to designate a certain category of
                                                                                                              DOA-authorized signature.                             information as protected from public
                                                         This AD was prompted by a report of
                                                      certain tie rod assemblies installed on the                (3) Required for Compliance (RC): If any           disclosure pursuant to a Voluntary
                                                      hinged fairing assembly of the main landing             service information contains procedures or            Disclosure Reporting Program. The
                                                      gear (MLG) with no cadmium plating on the               tests that are identified as RC, those                Federal Aviation Administration is
                                                      rod end threads. We are issuing this AD to              procedures and tests must be done to comply           required to protect the information from
                                                      detect and correct the absence of cadmium               with this AD; any procedures or tests that are        disclosure to the public, including
                                                      plating on the rod end threads of the tie rod           not identified as RC are recommended. Those           disclosure required by statute, such as
                                                      assemblies. The absence of cadmium plating              procedures and tests that are not identified
                                                      could lead to galvanic corrosion of the tie rod                                                               the Freedom of Information Act,
                                                                                                              as RC may be deviated from using accepted             following issuance of an order
                                                      end threads, resulting in rod end failure, loss         methods in accordance with the operator’s
                                                      of a MLG door, and consequent damage to                                                                       designating the information as
                                                                                                              maintenance or inspection program without             protected. The instant designation is
                                                      the airplane.
                                                                                                              obtaining approval of an AMOC, provided               intended to encourage participation in
                                                      (f) Compliance                                          the procedures and tests identified as RC can         the Voluntary Disclosure Reporting
                                                         Comply with this AD within the                       be done and the airplane can be put back in
                                                                                                                                                                    Program.
                                                      compliance times specified, unless already              an airworthy condition. Any substitutions or
                                                      done.                                                   changes to procedures or tests identified as          DATES:  Comments must be received on
                                                                                                              RC require approval of an AMOC.                       or before October 19, 2016.
                                                      (g) Inspection and Corrective Action
                                                                                                                                                                    ADDRESSES: Send comments identified
                                                         Within 80 months after the airplane’s first          (i) Related Information
                                                      flight, do a detailed inspection of each tie rod                                                              by Docket Number FAA–2006–24855
                                                                                                                 (1) Refer to Mandatory Continuing                  using any of the following methods:
                                                      assembly having a part number (P/N)
                                                      D52840212000 or D52840212002 at the MLG
                                                                                                              Airworthiness Information (MCAI) EASA                   • Federal eRulemaking Portal: Go to
                                                      hinged fairing for the presence of cadmium              Airworthiness Directive 2015–0234, dated              http://www.regulations.gov and follow
                                                      plating (gold colored threads), in accordance           December 8, 2015, for related information.            the online instructions for sending your
                                                      with the Accomplishment Instructions of                 This MCAI may be found in the AD docket               comments electronically.
                                                      Airbus Service Bulletin A320–52–1167,                   on the Internet at http://www.regulations.gov           • Mail: Send comments to Docket
                                                      dated August 6, 2015. If during the                     by searching for and locating Docket No.              Operations, M–30; U.S. Department of
                                                      inspection any tie rod assembly is found that           FAA–2016–9110.
                                                                                                                                                                    Transportation (DOT), 1200 New Jersey
                                                      does not have cadmium plating, before                      (2) For service information identified in
                                                      further flight, replace the tie rod assembly                                                                  Avenue SE., Room W12–140, West
                                                                                                              this AD, contact Airbus, Airworthiness
                                                      with a serviceable part having the same part                                                                  Building Ground Floor, Washington, DC
                                                                                                              Office—EIAS, 1 Rond Point Maurice
                                                      number and cadmium plating, in accordance                                                                     20590–0001.
                                                                                                              Bellonte, 31707 Blagnac Cedex, France;
                                                      with the Accomplishment Instructions of                                                                         • Hand Delivery or Courier: Take
                                                                                                              telephone +33 5 61 93 36 96; fax +33 5 61
                                                      Airbus Service Bulletin A320–52–1167,                                                                         comments to Docket Operations in
                                                                                                              93 44 51; email account.airworth-eas@
                                                      dated August 6, 2015.                                                                                         Room W12–140 of the West Building
                                                                                                              airbus.com; Internet http://www.airbus.com.
                                                      (h) Other FAA AD Provisions                             You may view this referenced service
                                                                                                                                                                    Ground Floor at 1200 New Jersey
                                                                                                              information at the FAA, Transport Airplane
                                                                                                                                                                    Avenue SE., Washington, DC, between 9
                                                        The following provisions also apply to this
                                                      AD:                                                     Directorate, 1601 Lind Avenue SW., Renton,            a.m. and 5 p.m., Monday through
                                                        (1) Alternative Methods of Compliance                 WA. For information on the availability of            Friday, except Federal holidays.
                                                      (AMOCs): The Manager, International                     this material at the FAA, call 425–227–1221.            • Fax: Fax comments to Docket
                                                      Branch, ANM–116, Transport Airplane                                                                           Operations at 202–493–2251.
                                                      Directorate, FAA, has the authority to                    Issued in Renton, Washington, on                      Privacy: In accordance with 5 U.S.C.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      approve AMOCs for this AD, if requested                 September 12, 2016.                                   553(c), DOT solicits comments from the
                                                      using the procedures found in 14 CFR 39.19.             Michael Kaszycki,                                     public to better inform its rulemaking
                                                      In accordance with 14 CFR 39.19, send your              Acting Manager, Transport Airplane                    process. DOT posts these comments,
                                                      request to your principal inspector or local
                                                                                                              Directorate, Aircraft Certification Service.          without edit, including any personal
                                                      Flight Standards District Office, as
                                                      appropriate. If sending information directly            [FR Doc. 2016–22435 Filed 9–16–16; 8:45 am]           information the commenter provides, to
                                                      to the International Branch, send it to ATTN:           BILLING CODE 4910–13–P
                                                                                                                                                                    www.regulations.gov, as described in
                                                      Sanjay Ralhan, Aerospace Engineer,                                                                            the system of records notice (DOT/ALL–
                                                      International Branch, ANM–116, Transport                                                                      14 FDMS), which can be reviewed at
                                                      Airplane Directorate, FAA, 1601 Lind                                                                          www.dot.gov/privacy.


                                                 VerDate Sep<11>2014   19:46 Sep 16, 2016   Jkt 238001   PO 00000   Frm 00011   Fmt 4702   Sfmt 4702   E:\FR\FM\19SEP1.SGM   19SEP1


                                                      64086               Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Proposed Rules

                                                         Docket: Background documents or                      implementing that section are in part                 provided under the program and a
                                                      comments received may be read at                        193. If the Administrator issues an order             summary of why the FAA finds that the
                                                      http://www.regulations.gov at any time.                 designating information as protected                  information is safety or security related.
                                                      Follow the online instructions for                      under 49 U.S.C. 40123, that information                 The information that would be
                                                      accessing the docket or go to the Docket                will not be disclosed under the Freedom               voluntarily submitted under a VDRP is
                                                      Operations in Room W12–140 of the                       of Information Act (5 U.S.C. 552) or                  described in AC 00–58, as amended, AC
                                                      West Building Ground Floor at 1200                      other laws except as provided in 49                   00–68, and AC 121–37. Because the
                                                      New Jersey Avenue SE., Washington,                      U.S.C. 40123, 14 CFR part 193, and the                Federal Aviation Regulations specify the
                                                      DC, between 9 a.m. and 5 p.m., Monday                   order designating the information as                  minimum requirements for safety, and
                                                      through Friday, except Federal holidays.                protected. This proposed order is issued              VDRP submissions entail violations of
                                                      FOR FURTHER INFORMATION CONTACT: For                    under § 193.11, which sets out the                    those regulations, the information is
                                                      questions concerning this action,                       notice procedure for designating                      inherently safety related. It would
                                                      contact Scott Crosier, ASI/Manager,                     information as protected.                             include the following:
                                                      Voluntary Disclosure Reporting Program                                                                          (a) Information contained in an initial
                                                                                                              IV. Discussion of the Proposal
                                                      (VDRP), Air Carrier Training Systems                                                                          notification to the FAA:
                                                      and Voluntary Safety Programs Branch,                   Summary of the VDRP Voluntary                         —A brief description of the apparent
                                                      AFS–280, Federal Aviation                               Information Sharing Program                             violation, including an estimate of the
                                                      Administration, 800 Independence                           A. Who may participate: Regulated                    duration of time that it remained
                                                      Avenue SW., Washington, DC 20591;                       entities as provided in AC 00–58, as                    undetected, as well as how and when
                                                      telephone: (703) 661–0278; email:                       amended, AC 00–68, and AC 121–37.                       it was discovered;
                                                      scott.crosier@faa.gov. Or, Hillary                         B. What voluntarily provided                       —Verification that noncompliance
                                                      Heintz, AIR Compliance and                              information would be protected from                     ceased after it was identified;
                                                      Enforcement Program Manager, Aircraft                   disclosure under this proposed                        —A brief description of the immediate
                                                      Certification Service, AIR–150, 950                     designation: The content of all                         action taken after the apparent
                                                      L’Enfant Plaza N SW., Washington, DC                    submissions by a regulated entity that                  violation was identified, the
                                                      20024; telephone (202) 267–1446; email:                 are accepted under the VDRP,                            immediate action taken to terminate
                                                      hillary.heintz@faa.gov.                                 including, but not limited to, all of the               the conduct that resulted in the
                                                      SUPPLEMENTARY INFORMATION:                              items listed under Proposed Findings,                   apparent violation, and the person
                                                                                                              Paragraph IV D(2) below.                                responsible for taking the immediate
                                                      I. Authority for This Designation                          C. How persons would participate:                    action;
                                                         The FAA sets forth this designation                  Regulated entities participate by                     —Verification that an evaluation is
                                                      pursuant to title 49 of the United States               notification of an apparent violation to                underway to determine if there are
                                                      Code (49 U.S.C.) section 40123 and title                the FAA by the regulated entity in                      any systemic problems;
                                                      14, Code of Federal Regulations (14                     accordance with the VDRP reporting                    —Identification of the person
                                                      CFR), part 193.                                         procedures, and completion of                           responsible for preparing the
                                                                                                              corrective actions in accordance with                   comprehensive fix for disclosures
                                                      II. Overview of Proposed Designation                                                                            under AC 00–58, as amended, and AC
                                                                                                              AC 00–58, as amended, AC 00–68, and
                                                         On August 17, 2006, the Federal                      AC 121–37.                                              121–37, or the corrective action plan
                                                      Aviation Administration (FAA) issued                       D. Duration of this information                      for disclosures under AC 00–68; and
                                                      FAA Order 8000.89, Designation of                       sharing program: This information                     —Acknowledgment that a detailed
                                                      Voluntary Disclosure Reporting Program                  sharing program would continue in                       written report will be provided to the
                                                      (VDRP) Information as Protected from                    effect indefinitely, unless the FAA                     designated FAA official within the
                                                      Public Disclosure under part 193. The                   terminates the VDRP, or until the order                 timeframe specified in AC 00–58, as
                                                      FAA published the Notice of Order in                    of designation under part 193 for the                   amended, AC 121–37, or AC 00–68, as
                                                      the Federal Register. 71 FR 54405 (Sept.                VDRP is withdrawn by the FAA.                           amended.
                                                      15, 2006).                                                                                                      (b) Information contained in a
                                                         This Proposed Order Designating                      Proposed Findings                                     detailed written report:
                                                      Information as Protected from                              The FAA proposes to designate                      —A list of the specific FAA regulations
                                                      Disclosure will retain the current                      information received under the VDRP as                  that may have been violated;
                                                      protection provided for disclosures                     protected under 49 U.S.C. 40123 and 14                —A description of the apparent
                                                      under FAA Order 8000.89 while also                      CFR 193.7 based on the following                        violation, including the duration of
                                                      designating disclosures to the agency by                findings:                                               time it remained undetected, as well
                                                      entities as provided in Advisory                           (1) Summary of why the FAA finds                     as how and when it was detected;
                                                      Circular (AC) 00–68 as protected from                   that the information will be provided                 —A description of the immediate action
                                                      public disclosure in accordance with                    voluntarily.                                            taken to terminate the conduct that
                                                      the provisions of part 193. The comment                    The FAA finds that the information                   resulted in the apparent violation,
                                                      period for the contents of AC 00–68                     will be provided voluntarily. No                        including when it was taken, and who
                                                      opened on June 12, 2015 and closed on                   regulated entity is required to                         was responsible for taking the action;
                                                      August 7, 2015.                                         participate in the VDRP. Initiation of                —An explanation that shows the
                                                                                                              submissions under the VDRP are                          apparent violation was inadvertent;
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                                                      III. Background                                         indicative of the willingness of                      —Evidence that demonstrates the
                                                         Under 49 U.S.C. 40123, certain                       regulated entities to identify and correct              seriousness of the apparent violation
                                                      voluntarily provided safety and security                their own instances of regulatory                       and the regulated entity’s analysis of
                                                      information is protected from disclosure                noncompliance, develop long term                        that evidence;
                                                      to encourage persons to provide the                     comprehensive fixes or corrective action              —A detailed description of the
                                                      information to the FAA. The FAA must                    plans, and foster safe operating                        proposed comprehensive fix or
                                                      issue an order making certain findings                  practices.                                              corrective action plan, outlining the
                                                      before the information is protected from                   (2) Description of the type of                       planned corrective steps, the
                                                      disclosure. The FAA’s rules                             information that may be voluntarily                     responsibilities for implementing


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                                                                          Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Proposed Rules                                           64087

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


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                                                      64088               Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Proposed Rules

                                                      VRDP submissions must be clearly                        accessed from the Internet through the                Department may not be able to consider
                                                      identified as such by the regulated                     Federal eRulemaking Portal referenced                 your comment. After the conclusion of
                                                      entity making the submission. Any                       in item (1) above.                                    the comment period, the Department
                                                      other information received by the FAA                     Issued under authority provided by 49               will publish a Final Rule (in which it
                                                      from the regulated entity concerning the                U.S.C. 106(f) and 40123 in Washington, DC,            will address relevant comments) as
                                                      content of a VDRP submission must be                    on September 7, 2016.                                 expeditiously as possible.
                                                      clearly labeled as follows to be eligible               David W. Hempe,                                       FOR FURTHER INFORMATION CONTACT:
                                                      for protection under this designation:                  Deputy Director, Aircraft Certification               James McDaniel, Management Analyst,
                                                      ‘‘WARNING: The Information in this                      Service, AIR–1.                                       Office of the Comptroller, Bureau of
                                                      Document is Protected from Disclosure                   [FR Doc. 2016–21966 Filed 9–16–16; 8:45 am]           Consular Affairs, Department of State;
                                                      under 49 U.S.C. 40123 and 14 CFR part                                                                         phone: 202–485–6694, telefax: 202–
                                                                                                              BILLING CODE 4910–13–P
                                                      193.’’ If the information is submitted                                                                        485–6826; email: fees@state.gov.
                                                      electronically, the warning notice must
                                                                                                                                                                    SUPPLEMENTARY INFORMATION:
                                                      be appropriately embedded in the
                                                      electronic submission in a fashion that                 DEPARTMENT OF STATE                                   Background
                                                      assures the visibility of the warning to
                                                                                                              22 CFR Part 22                                          The proposed rule makes a change to
                                                      any viewer.
                                                                                                                                                                    the Schedule of Fees. The Department
                                                                                                              [Public Notice: 9520]
                                                      Proposed Designation                                                                                          sets and collects its fees based on the
                                                        Accordingly, the FAA proposes to                      RIN 1400–AD81                                         concept of full cost recovery. The
                                                      designate the above-described                                                                                 Department completed its most recent
                                                                                                              Schedule of Fees for Consular                         review of current consular fees and will
                                                      information submitted under a VDRP to                   Services, Department of State and
                                                      be protected under 49 U.S.C. 40123 and                                                                        implement a change to the Schedule of
                                                                                                              Overseas Embassies and                                Fees based on the costs of services
                                                      part 193, when obtained by the FAA
                                                                                                              Consulates—Passport Services Fee                      calculated by the Fiscal Year 2014
                                                      pursuant to an accepted VDRP
                                                                                                              Changes                                               update to the Cost of Service Model.
                                                      submission.
                                                      V. Additional information                               AGENCY:    Department of State.                       What is the authority for this action?
                                                                                                              ACTION:   Proposed rule.                                 The Department of State derives the
                                                      A. Comments Invited
                                                                                                              SUMMARY:   The Department of State                    general authority to set fees based on the
                                                         The FAA invites interested persons to                                                                      cost of the consular services it provides,
                                                      participate in this rulemaking by                       proposes an adjustment to the Schedule
                                                                                                              of Fees for Consular Services of the                  and to charge those fees, from the
                                                      submitting written comments, data, or                                                                         general user charges statute, 31 U.S.C.
                                                      views. The most helpful comments                        Department of State’s Bureau of
                                                                                                              Consular Affairs (‘‘Schedule of Fees’’ or             9701. See, e.g., 31 U.S.C. 9701(b)(2)(A)
                                                      reference a specific portion of the                                                                           (‘‘The head of each agency . . . may
                                                      proposal, explain the reason for any                    ‘‘Schedule’’) for the execution fee for
                                                                                                              passport books and cards. The                         prescribe regulations establishing the
                                                      recommended change, and include                                                                               charge for a service or thing of value
                                                      supporting data. Before acting on this                  Department is adjusting this fee in light
                                                                                                              of the findings of the most recent annual             provided by the agency . . . based on
                                                      proposal, we will consider all comments                                                                       . . . the costs to the government.’’). As
                                                      we receive on or before the closing date                update to the Cost of Service Model to
                                                                                                              better align the fees for consular services           implemented through Executive Order
                                                      for comments. We will consider                                                                                10718 of June 27, 1957, 22 U.S.C. 4219
                                                      comments filed late if it is possible to                with the costs of providing those
                                                                                                              services.                                             further authorizes the Department to
                                                      do so without incurring expense or                                                                            establish fees to be charged for official
                                                      delay. We may change this proposal in                   DATES:  The Department of State will                  services provided by U.S. embassies and
                                                      light of the comments we receive.                       accept comments on this proposed rule                 consulates.
                                                      B. Availability of This Proposed                        until November 18, 2016.                                 Several statutes address specific fees
                                                      Designation                                             ADDRESSES: Interested parties may                     relating to passports. For instance, 22
                                                        An electronic copy of rulemaking                      submit comments to the Department by                  U.S.C. 214(a) authorizes the Secretary of
                                                      documents may be obtained from the                      any of the following methods:                         State to set the passport execution fee by
                                                      Internet by—                                               • Visit the Regulations.gov Web site               regulation, and to authorize state and
                                                        1. Searching the Federal eRulemaking                  at: http://www.regulations.gov and                    local government officials and the U.S.
                                                      Portal (http://www.regulations.gov);                    search for the Regulatory Information                 Postal Service to collect and retain the
                                                        2. Visiting the FAA’s Regulations and                 Number (RIN) 1400–AD81 or docket                      execution fee for each application for a
                                                      Policies Web page at http://                            number DOS–2016–0029.                                 passport accepted by such officials or
                                                      www.faa.gov/regulations_policies or                        • Mail paper document: U.S.                        the U.S. Postal Service.
                                                        3. Accessing the Government Printing                  Department of State, Office of the                       Certain people are exempted by law
                                                      Office’s Web page at http://                            Comptroller, Bureau of Consular Affairs               or regulation from paying specific fees.
                                                      www.gpo.gov/fdsys/.                                     (CA/C), SA–17, 8th Floor, Washington,                 They include, for instance, exemptions
                                                        Copies may also be obtained by                        DC 20522–1707.                                        from the passport execution and
                                                      sending a request to the Federal                           • Email: fees@state.gov. You must                  application fees for officers or
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                                                      Aviation Administration, Aircraft                       include the RIN (1400–AD81) in the                    employees of the U.S. government
                                                      Certification Office, AIR–1, 800                        subject line of your message.                         proceeding abroad in the discharge of
                                                      Independence Avenue SW.,                                   • All comments should include the                  official duties and exemption from the
                                                      Washington, DC 20591, or by calling                     commenter’s name, the organization the                passport execution fee if those officers
                                                      (202) 267–8235. Commenters must                         commenter represents, if applicable,                  or employees execute their application
                                                      identify the docket or notice number of                 and the commenter’s address. If the                   before a federal official. See 22 U.S.C.
                                                      this rulemaking.                                        Department is unable to read your                     214(a); 22 CFR 22.1; 22 CFR 51.52(b).
                                                        All documents the FAA considered in                   comment for any reason, and cannot                       The Department last changed fees for
                                                      developing this proposed rule may be                    contact you for clarification, the                    passport services in an interim final rule


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Document Created: 2016-09-17 02:29:49
Document Modified: 2016-09-17 02:29:49
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed order designating information as protected from disclosure.
DatesComments must be received on or before October 19, 2016.
ContactFor 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: [email protected] 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: [email protected]
FR Citation81 FR 64085 

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