Notice2022-21373
Agency Information Collection Activities: Requests for Comments; Clearance of a New Approval of Information Collection: Compliance and Enforcement Actions (CEA) & Voluntary Disclosure Report (VDR)
Primary source
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Published
October 3, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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) approval for an information collection. 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 andis necessary because it automates the process by which REs may disclose to the FAA potential occurrence of noncompliance to requirements.
Full Text
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<title>Federal Register, Volume 87 Issue 190 (Monday, October 3, 2022)</title>
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[Federal Register Volume 87, Number 190 (Monday, October 3, 2022)]
[Notices]
[Pages 59864-59865]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21373]
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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) approval for an information collection. 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 andis 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 December 2, 2022.
ADDRESSES: Please send written comments:
By Electronic Docket: <a href="http://www.regulations.gov">www.regulations.gov</a> (Enter docket number into
search field).
By mail: [Walter Woodard, FAA Mike Monroney Aeronautical Center,
6500 S MacArthur Blvd., Bldg 12, Oklahoma City, OK 73169].
By fax: Not available.
FOR FURTHER INFORMATION CONTACT: Walter Woodard by email at:
<a href="/cdn-cgi/l/email-protection#bccbddd0c8d9ce92cbd3d3d8ddced8fcdadddd92dbd3ca"><span class="__cf_email__" data-cfemail="e097818c948592ce978f8f84819284a0868181ce878f96">[email protected]</span></a>; phone: 405-954-3968
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. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.
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 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\ <a href="https://www.hsdl.org/?abstract&did=1839">https://www.hsdl.org/?abstract&did=1839</a>.
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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
[[Page 59865]]
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 approval holders, design
approval holders, and organization designation authorization holders.
Responding to the collection of data is voluntary and will 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.
Editorial Note: This document was received for publication by
the Office of the Federal Register on September 28, 2022.
AIR-952
Issued in Washington, DC, on April 6, 2022.
Walter Woodard,
ASKME Business Program Manager.
[FR Doc. 2022-21373 Filed 9-30-22; 8:45 am]
BILLING CODE 4910-13-P
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