80 FR 18168 - Federal Contract Tower Safety Action Program (SAFER-FCT and Air Traffic Safety Action Program for Engineers & Architects, Staff Support Specialists, Aviation Technical System Specialists (Series 2186) and Flight Procedures Team (ATSAP-X)

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 80, Issue 64 (April 3, 2015)

Page Range		18168-18171
FR Document		2015-07743

The FAA is proposing that safety information provided to it by Federal Contract Tower employees (hereinafter ``Vendor'') under the SAFER-FCT Program or by Air Traffic Organization Engineers & Architects, Staff Support Specialists, Aviation Technical System Specialists (Series 2186) and Flight Procedures Team (hereinafter ``Region X'') under the ATSAP-X program be designated by an FAA Order as protected from public disclosure in accordance with the provisions of 14 CFR part 193. The designation is intended to encourage persons to voluntarily provide information to the FAA under the SAFER-FCT or the ATSAP-X safety reporting programs, so the FAA can learn about and address aviation safety hazards of which it was unaware or more fully understand and implement corrective measures for events known by it through other means. Under 49 U.S.C. 40123, the FAA is required to protect information from disclosure to the public, including disclosure under the Freedom of Information Act (5 U.S.C. 552) or other laws, following the issuance of such Order.

Federal Register, Volume 80 Issue 64 (Friday, April 3, 2015)

[Federal Register Volume 80, Number 64 (Friday, April 3, 2015)]
[Proposed Rules]
[Pages 18168-18171]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07743]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 193

[Docket No.: FAA-2014-0142]
RIN 2120-AA66


Federal Contract Tower Safety Action Program (SAFER-FCT and Air 
Traffic Safety Action Program for Engineers & Architects, Staff Support 
Specialists, Aviation Technical System Specialists (Series 2186) and 
Flight Procedures Team (ATSAP-X)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Proposed Order Designating Safety Information as 
Protected from Disclosure

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

SUMMARY: The FAA is proposing that safety information provided to it by 
Federal Contract Tower employees (hereinafter ``Vendor'') under the 
SAFER-FCT Program or by Air Traffic Organization Engineers & 
Architects, Staff Support Specialists, Aviation Technical System 
Specialists (Series 2186) and Flight Procedures Team (hereinafter 
``Region X'') under the ATSAP-X program be designated by an FAA Order 
as protected from public disclosure in accordance with the provisions 
of 14 CFR part 193. The designation is intended to encourage persons to 
voluntarily provide information to the FAA under the SAFER-FCT or the 
ATSAP-X safety reporting programs, so the FAA can learn about and 
address aviation safety hazards of which it was unaware or more fully 
understand and implement corrective measures for events known by it 
through other means. Under 49 U.S.C. 40123, the FAA is required to 
protect information from disclosure to the public, including disclosure 
under the Freedom of Information Act (5 U.S.C. 552) or other laws, 
following the issuance of such Order.

DATES: Comments must be received on or before May 4, 2015.

ADDRESSES: You may send comments identified by docket number FAA-2014-
0142 using any of the following methods: via mail to U.S. Department of 
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue SE., 
West Building Ground Floor, Room W12-140, Washington DC 20590-0339; 
telephone (202) 366-9826. You must identify the FAA Docket No. FAA-
2014-0142 at the beginning of your comments. You may also submit 
comments through the Internet at http://www.regulations.gov.

[[Page 18169]]


FOR FURTHER INFORMATION CONTACT: Coleen Hawrysko--Group Manager, ATO 
Safety Programs, Federal Aviation Administration, 490 L'Enfant Plaza, 
Suite 7200, Washington, DC 20024 or via email at 
[email protected] or phone at 202-267-8807.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed 
designation by submitting such written data, views, or arguments, as 
they may desire. Comments that provide the factual basis supporting the 
views and suggestions presented are particularly helpful in developing 
reasoned regulatory decisions on the proposal. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal.
    Communications should clearly identify docket number FAA-2014-0142 
and be submitted in triplicate to the Docket Management System (see 
ADDRESSES section for address and phone number). Commenters wishing the 
FAA to acknowledge receipt of their comments on this action must submit 
with those comments a self-addressed stamped postcard on which the 
following statement is made: ``Comments to FAA-2014-0142. The postcard 
will be date/time stamped and returned to the commenter.
    All communications received on or before the closing date for 
comments will be considered before taking action on the proposed rule. 
The proposal contained in this action may be changed in light of 
comments received. All comments submitted will be available for 
examination in the public docket both before and after the closing date 
for comments. A report summarizing each substantive public contact with 
FAA personnel concerned with this proposed designation will be filed in 
the docket.

Availability of This Proposed Designation

    An electronic copy of this document may be downloaded through the 
Internet at http://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's Web page at http://www.gov/airports_airtraffic/air_traffic/publications.
    You may review the public docket containing the proposal, any 
comments received, and any final disposition in person in the Dockets 
Office (see the ADDRESSES section for the address and phone number) 
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal 
holidays. An informal docket may also be examined during normal 
business hours at the Northwest Mountain Regional Office of the Federal 
Aviation Administration, Air Traffic Organization, Western Service 
Center, Operations Support Group, 1601 Lind Avenue SW., Renton, WA 
98057.
    You can get an electronic copy using the Internet by:
    1. Searching the Department of Transportation's electronic Docket 
Management System (DMS) Web page); http://www.regulations.gov;
    2. Visiting the FAA's Regulations and Polices Web page at http://www.faa.gov/regulations_policies; or
    3. Accessing the Government Publishing Office's Web page at http://www.thefederalregister.org/fdsys/browse/collection.action?collectionCode=FR.
    Privacy Act: Using the search function of our docket Web site, 
anyone can find and read the comments received into any of our dockets, 
including the name of the individual sending the comment (or signing 
the comment on behalf of an association, business, labor union, etc.). 
You may review DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477) or you may visit 
http://www.regulations.gov.

Background

    Under Title 49 of the United States Code (49 U.S.C.), section 
40123, certain voluntarily provided safety and security information is 
protected from disclosure in order to encourage persons to provide the 
information. The FAA must first issue an Order that specifies why the 
agency finds that the information should be protected in accordance 
with 49 U.S.C., section 40123. The FAA's rules for implementing that 
section are in 14 CFR part 193. If the Administrator issues an Order 
designating information as protected under 49 U.S.C., section 40123, 
that information will not be disclosed under the Freedom of Information 
Act (Title 5 of the United States Code (5 U.S.C.), section 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 Order is 
issued under part 193, section 193.11, which sets out the notice 
procedure for designating information as protected.

2. Applicability

    This proposed designation is applicable to any FAA office that 
receives information covered under this designation from the SAFER-FCT 
Program or the ATSAP-X Program, both of which will be incorporated in 
FAA Order 7200.20, Voluntary Safety Reporting Programs. The proposed 
designation would also apply to any other government agency that 
receives such information from the FAA. For any other government agency 
to receive SAFER-FCT or ATSAP-X information covered under the proposed 
designation from the FAA, each such agency must first stipulate, in 
writing, that it will abide by the provisions of part 193 and the Order 
designating the SAFER-FCT and ATSAP-X information as protected from 
public disclosure under 14 CFR part 193.

3. Summary

    a. Qualified Participants. Region X employees who are covered under 
the Consolidated Collective Bargaining agreement (CBA) between NATCA 
and the FAA effective May 22, 2013, or its successor, and other 
employees identified in FAA Order 7200.22 which will be incorporated in 
FAA Order 7200.20, are eligible to complete a ATSAP-X report for events 
that occur while acting in that capacity. Vendor employees Union or 
Non-Union who are covered under the FAA and the Federal Contract Tower 
September 2011 contract, or its successor, and other employees 
identified in FAA Order 7200.20 are eligible to complete a SAFER-FCT 
report for events that occur while acting in that capacity.

b. Voluntarily-Provided Information Protected From Disclosure Under the 
Proposed Designation

    Except for SAFER-FCT or ATSAP-X reports that involve possible 
criminal conduct, substance abuse, controlled substances, alcohol, or 
intentional falsification, the following information would be protected 
from disclosure:
    (1) the content of any report concerning an aviation safety or 
security matter that is submitted by a qualified participant under the 
SAFER-FCT or ATSAP-X that is accepted into either program, including 
the SAFER-FCT or ATSAP-X report, and the name of the submitter of the 
report. Notwithstanding the foregoing, mandatory information about 
occurrences that are required to be reported under FAA Orders or ATO 
guidance is not protected under this designation, unless the same 
information has also been submitted or reported under other procedures 
prescribed by the Agency. The exclusion is necessary to assure that the 
information protected under this designation has been voluntarily 
submitted. It also permits changes to ATO Orders and guidance without 
requiring a change to this designation.
    (2) Any evidence gathered by the Event Review Committee during its 
investigation of a safety- or security-

[[Page 18170]]

related event reported under SAFER-FCT or ATSAP-X, including the SAFER-
FCT or ATSAP-X investigative file.

    Note: The type of information or circumstances under which the 
information listed above would not be protected from disclosure is 
discussed in paragraph 3.b of this Order.

    c. Ways to Participate. FAA employees who are qualified 
participants register for, and submit a report into, the system.
    d. Duration of This Information-Sharing Program. This program 
continues as long as it is provided for by Order or a collective 
bargaining agreement.

4. Findings

    The FAA designates information received from a SAFER-FCT or ATSAP-X 
submission as protected under 49 U.S.C. 40123 and 14 CFR 193.7, based 
on the following findings:
    a. Summary of why the FAA finds that the information will be 
provided voluntarily. The FAA finds that the information will be 
provided voluntarily. This finding is supported by the significant 
increase in reports of safety-related matters since the implementation 
of voluntary safety reporting programs. No FAA or Vendor employee is 
required to participate in the SAFER-FCT or ATSAP-X.
    b. 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- related.
    (1) The following types of reports are ordinarily submitted under 
the SAFER-FCT or ATSAP-X:
    i. Noncompliance reports. Noncompliance reports identify specific 
instances of a failure to follow FAA directives.
    ii. Aviation safety concern reports. Aviation safety concerns that 
do not involve specific noncompliance with FAA directives. These may 
include, but are not limited to potential safety events or perceived 
problems with policies, procedures, and equipment.
    (2) Region X employees support the design, delivery and efficiency 
of flight services throughout the National Airspace System (NAS) 
facilities, systems and equipment. Reports submitted by these employees 
under ATSAP-X ordinarily involve matters or observations occurring 
during the performance of their job responsibilities, and therefore the 
information submitted is inherently safety related. Vendor employees 
provide and support the provision of air traffic services at Federal 
Contract Tower facilities throughout the NAS. Reports submitted by 
these employees under SAFER-FCT ordinarily involve occurrences or 
problems identified or experienced during the performance of their job 
responsibilities which directly affect safety.
    c. 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. Employees are 
unwilling to voluntarily provide detailed information about safety 
events and concerns, including those that might involve their own 
failures to follow Agency directives and policies, if such information 
could be released publicly. If information is publicly disclosed, there 
is a strong likelihood that the information could be misused for 
purposes other than to address and resolve the reported safety concern. 
Unless the FAA can provide assurance that safety-related reports will 
be withheld from public disclosure, employees will not participate in 
the programs.
    d. Summary of why the receipt of that type of information aids in 
fulfilling the FAA's safety responsibilities.
    The FAA finds that receipt of information in SAFER-FCT or ATSAP-X 
reports aids in fulfilling the FAA's safety responsibilities. Because 
of its capacity to provide early identification of needed safety 
improvements, this information offers significant potential for 
addressing hazards that could lead to incidents or accidents. In 
particular, one of the benefits of both the SAFER-FCT and ATSAP-X is 
that they encourage the submission of narrative descriptions of 
occurrences that provide more detailed information than is otherwise 
available. The SAFER-FCT and ATSAP-X have produced safety-related data 
that is not available from any other source. Receipt of this previously 
unavailable information has provided the FAA with an improved basis for 
modifying procedures, policies, and regulations to improve safety and 
efficiency.
    e. Consistencies and inconsistencies with FAA safety 
responsibilities.
    The FAA finds that withholding SAFER-FCT and ATSAP-X information 
from public release is consistent with the FAA's safety 
responsibilities, because it encourages individuals to provide 
important safety information that it otherwise might not receive.
    (1) Withholding SAFER-FCT and ATSAP-X information from disclosure, 
as described in this designation, is consistent with the FAA's safety 
responsibilities. Without the Agency's ability to assure that the 
detailed information reported under these programs, which often 
explains why the event occurred or describes underlying problems, will 
not be disclosed, the information will not be provided to the FAA. 
Employees are concerned that public release of the information could 
result in potential misuses of the information that could affect them 
negatively. If the FAA does not receive the information, the FAA and 
the public will be deprived of the opportunity to make the safety 
improvements that receipt of the information otherwise enables. 
Corrective action under SAFER-FCT and ATSAP-X can be accomplished 
without disclosure of protected information. For example, for 
acceptance under both programs, the reporting employee must comply with 
Event Review Committee recommendations for corrective action, such as 
additional training for an employee. If the employee fails to complete 
corrective action in a manner satisfactory to all members of the Event 
Review Committee, the event may be referred to an appropriate office 
within the FAA for any additional investigation, reexamination, and/or 
action, as appropriate.
    (2) The FAA may release SAFER-FCT or ATSAP-X information submitted 
to the agency, as specified in Part 193 and this Order. For example, to 
explain the need for changes in FAA policies, procedures, and 
regulations, the FAA may disclose de-identified, summarized information 
that has been derived from SAFER-FCT or ATSAP-X reports or extracted 
from the protected information listed under paragraph 5b. The FAA may 
disclose de-identified, summarized SAFER-FCT or ATSAP-X information 
that identifies a systemic problem in the NAS, when a party needs to be 
advised of the problem in order to take corrective action. Under the 
current version of FAA Order N JO 7200.20, reported events and possible 
violations may be subject to investigation, reexamination, and/or 
action. Although the report itself and the content of the report are 
not used as evidence, the FAA may use the knowledge of the event or 
possible violation to generate an investigation, and, in that regard, 
the information is not protected from disclosure. To withhold 
information from such limited release would be inconsistent with the 
FAA's safety responsibilities. In addition, reports that appear to 
involve possible criminal activity, substance abuse, controlled 
substances, alcohol, or

[[Page 18171]]

intentional falsification will be referred to an appropriate FAA office 
for further handling. The FAA may use such reports for enforcement 
purposes, and will refer such reports to law enforcement agencies, if 
appropriate. To withhold information in these circumstances would be 
inconsistent with the agency's safety responsibilities because it could 
prevent, or at least diminish the FAA's ability to effectively address 
egregious misconduct.
    f. Summary of how the FAA will distinguish information protected 
under part 193 from information the FAA receives from other sources.
    All employee SAFER-FCT and ATSAP-X reports are clearly labeled as 
such. Each employee must submit their own report.

5. Designation

    The FAA designates the information described in paragraph 5b to be 
protected from disclosure in accordance with 49 U.S.C., section 40123 
and 14 CFR part 193.

    Issued in Washington, DC on March 27, 2015.
Michael P. Huerta,
Administrator, Federal Aviation Administration.
[FR Doc. 2015-07743 Filed 4-2-15; 8:45 am]
 BILLING CODE 4910-13-P

18168 Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Proposed Rules

II. Background manufacturer, utility, or a combination DEPARTMENT OF TRANSPORTATION
The National Appliance Energy of the two to request a waiver granting
Conservation Act of 1987 (NAECA; Pub. an exemption from the amended energy Federal Aviation Administration
L. 100–12) amended EPCA to, among conservation standards established in
other things, establish energy the April 2010 final rule for certain 14 CFR Part 193
conservation standards for residential large-volume electric storage water
[Docket No.: FAA–2014–0142]
water heaters. (42 U.S.C. 6295(e)(1); 42 heaters used in an ETS program. 78 FR
U.S.C. 6295(e)(4)) DOE initially 12969 (Feb. 26, 2013). As proposed, RIN 2120–AA66
amended the statutorily prescribed each waiver would have allowed
standards for water heaters in a final manufacturers to produce, for a 1-year Federal Contract Tower Safety Action
rule published on January 17, 2001. 66 period, a limited number of large- Program (SAFER–FCT and Air Traffic
FR 4474 (Jan. 17, 2001). Subsequently, volume electric storage water heaters Safety Action Program for Engineers &
DOE amended the residential water that would not otherwise meet the April Architects, Staff Support Specialists,
heater standards a second time in 2010 amended standard levels, provided Aviation Technical System Specialists
another final rule published on April that a specific set of features are (Series 2186) and Flight Procedures
16, 2010 (hereinafter known as the April included and conditions are met to Team (ATSAP–X)
2010 final rule). 73 FR 20112 (April 16,
ensure their use exclusively in utility AGENCY: Federal Aviation
2010).
The energy conservation standards for ETS programs. More information on Administration (FAA), DOT.
residential water heaters adopted in the DOE’s waiver proposal and stakeholder ACTION: Notice of Proposed Order
April 2010 final rule will apply to feedback can be found in the Designating Safety Information as
products manufactured on or after April rulemaking docket.4 Protected from Disclosure
16, 2015. 75 FR 20234 (April 16, 2010). III. Discussion
The amended energy conservation SUMMARY: The FAA is proposing that
standards consist of minimum energy By this document, DOE withdraws its safety information provided to it by
factors 3 (EF) that vary based on the February 26, 2013 NOPR. DOE Federal Contract Tower employees
rated storage volume of the water heater, commissioned a study to examine the (hereinafter ‘‘Vendor’’) under the
the type of energy it uses (i.e., gas, oil, capability of large-capacity water SAFER–FCT Program or by Air Traffic
or electricity), and whether it is a Organization Engineers & Architects,
heaters, both resistance and heat pump,
storage, instantaneous, or tabletop Staff Support Specialists, Aviation
to support ETS programs and found
model. 10 CFR 430.32(d) Of particular Technical System Specialists (Series
both water heater types worked for such
relevance to this notice, electric water 2186) and Flight Procedures Team
programs. For additional discussion of (hereinafter ‘‘Region X’’) under the
heaters with a rated storage volume
the capability of using large-volume ATSAP–X program be designated by an
above 55 gallons (referred to hereinafter
electric storage water heaters that meet FAA Order as protected from public
as ‘‘large-volume’’ electric storage water
heaters) will be required to have an the April 2010 amended standard levels disclosure in accordance with the
energy factor of at least 2.057 ¥ to support utility ETS programs, see the provisions of 14 CFR part 193. The
(0.00113 × Rated Storage Volume in following reports: http://www.pnnl.gov/ designation is intended to encourage
gallons). Id. Such a level is currently main/publications/external/technical_ persons to voluntarily provide
achievable only by using heat pump reports/PNNL-23527.pdf and http:// information to the FAA under the
water heater technology and cannot be www.pnnl.gov/main/publications/ SAFER–FCT or the ATSAP–X safety
achieved in electric water heaters that external/technical_reports/PNNL– reporting programs, so the FAA can
rely solely on electric resistance 23697.pdf. learn about and address aviation safety
elements. hazards of which it was unaware or
Subsequent to the publication of the IV. Approval of the Office of the more fully understand and implement
April 2010 final rule, several Secretary corrective measures for events known
stakeholders indicated to DOE their The Secretary of Energy has approved by it through other means. Under 49
concerns about the interaction of the publication of this withdrawal. U.S.C. 40123, the FAA is required to
amended standards in the April 2010 protect information from disclosure to
final rule and the use of large-volume Issued in Washington, DC, on March 26, the public, including disclosure under
electric storage water heaters in utility 2015. the Freedom of Information Act (5
ETS programs. To gather additional Roland Risser, U.S.C. 552) or other laws, following the
information on the impact of the Acting Deputy Assistant Secretary for Energy issuance of such Order.
amended standard established in the Efficiency, Energy Efficiency and Renewable DATES: Comments must be received on
April 2010 final rule on ETS programs Energy. or before May 4, 2015.
that use large-volume electric storage [FR Doc. 2015–07706 Filed 4–2–15; 8:45 am] ADDRESSES: You may send comments
water heaters, DOE issued a request for
information (RFI) and received
BILLING CODE 6450–01–P identified by docket number FAA–
numerous additional comments on 2014–0142 using any of the following
methods: via mail to U.S. Department of
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS

these topics. 77 FR 35299 (June 13,
2012). After considering comments Transportation, Docket Operations, M–
submitted by interested parties, DOE 30, 1200 New Jersey Avenue SE., West
published a notice of proposed Building Ground Floor, Room W12–140,
rulemaking (NOPR) proposing to Washington DC 20590–0339; telephone
establish a waiver process to allow any (202) 366–9826. You must identify the
FAA Docket No. FAA–2014–0142 at the
3 Energy factor is a measure of overall water beginning of your comments. You may
heater efficiency that accounts for efficiency during 4 http://www.regulations.gov/ also submit comments through the
active, standby, and cyclical operation. #!docketDetail;D=EERE-2012-BT-STD-0022. Internet at http://www.regulations.gov.

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18170 Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Proposed Rules

related event reported under SAFER– Federal Contract Tower facilities consistent with the FAA’s safety
FCT or ATSAP–X, including the throughout the NAS. Reports submitted responsibilities. Without the Agency’s
SAFER–FCT or ATSAP–X investigative by these employees under SAFER–FCT ability to assure that the detailed
file. ordinarily involve occurrences or information reported under these
Note: The type of information or problems identified or experienced programs, which often explains why the
circumstances under which the information during the performance of their job event occurred or describes underlying
listed above would not be protected from responsibilities which directly affect problems, will not be disclosed, the
disclosure is discussed in paragraph 3.b of safety. information will not be provided to the
this Order. c. Summary of why the FAA finds that FAA. Employees are concerned that
the disclosure of the information would public release of the information could
c. Ways to Participate. FAA
inhibit persons from voluntarily result in potential misuses of the
employees who are qualified
providing that type of information. information that could affect them
participants register for, and submit a The FAA finds that disclosure of the
report into, the system. negatively. If the FAA does not receive
information would inhibit the voluntary the information, the FAA and the public
d. Duration of This Information- provision of that type of information.
Sharing Program. This program will be deprived of the opportunity to
Employees are unwilling to voluntarily make the safety improvements that
continues as long as it is provided for provide detailed information about
by Order or a collective bargaining receipt of the information otherwise
safety events and concerns, including enables. Corrective action under
agreement. those that might involve their own SAFER–FCT and ATSAP–X can be
4. Findings failures to follow Agency directives and accomplished without disclosure of
policies, if such information could be protected information. For example, for
The FAA designates information released publicly. If information is
received from a SAFER–FCT or ATSAP– acceptance under both programs, the
publicly disclosed, there is a strong reporting employee must comply with
X submission as protected under 49 likelihood that the information could be
U.S.C. 40123 and 14 CFR 193.7, based Event Review Committee
misused for purposes other than to recommendations for corrective action,
on the following findings: address and resolve the reported safety
a. Summary of why the FAA finds that such as additional training for an
concern. Unless the FAA can provide employee. If the employee fails to
the information will be provided assurance that safety-related reports will
voluntarily. The FAA finds that the complete corrective action in a manner
be withheld from public disclosure, satisfactory to all members of the Event
information will be provided employees will not participate in the
voluntarily. This finding is supported Review Committee, the event may be
programs. referred to an appropriate office within
by the significant increase in reports of d. Summary of why the receipt of that
safety-related matters since the the FAA for any additional
type of information aids in fulfilling the
implementation of voluntary safety investigation, reexamination, and/or
FAA’s safety responsibilities.
reporting programs. No FAA or Vendor The FAA finds that receipt of action, as appropriate.
employee is required to participate in information in SAFER–FCT or ATSAP– (2) The FAA may release SAFER–FCT
the SAFER–FCT or ATSAP–X. X reports aids in fulfilling the FAA’s or ATSAP–X information submitted to
b. Description of the type of safety responsibilities. Because of its the agency, as specified in Part 193 and
information that may be voluntarily capacity to provide early identification this Order. For example, to explain the
provided under the program and a of needed safety improvements, this need for changes in FAA policies,
summary of why the FAA finds that the information offers significant potential procedures, and regulations, the FAA
information is safety- related. for addressing hazards that could lead to may disclose de-identified, summarized
(1) The following types of reports are incidents or accidents. In particular, one information that has been derived from
ordinarily submitted under the SAFER– of the benefits of both the SAFER–FCT SAFER–FCT or ATSAP–X reports or
FCT or ATSAP–X: and ATSAP–X is that they encourage extracted from the protected
i. Noncompliance reports. the submission of narrative descriptions information listed under paragraph 5b.
Noncompliance reports identify specific of occurrences that provide more The FAA may disclose de-identified,
instances of a failure to follow FAA detailed information than is otherwise summarized SAFER–FCT or ATSAP–X
directives. available. The SAFER–FCT and information that identifies a systemic
ii. Aviation safety concern reports. ATSAP–X have produced safety-related problem in the NAS, when a party
Aviation safety concerns that do not data that is not available from any other needs to be advised of the problem in
involve specific noncompliance with source. Receipt of this previously order to take corrective action. Under
FAA directives. These may include, but unavailable information has provided the current version of FAA Order N JO
are not limited to potential safety events the FAA with an improved basis for 7200.20, reported events and possible
or perceived problems with policies, modifying procedures, policies, and violations may be subject to
procedures, and equipment. regulations to improve safety and investigation, reexamination, and/or
(2) Region X employees support the efficiency. action. Although the report itself and
design, delivery and efficiency of flight e. Consistencies and inconsistencies the content of the report are not used as
services throughout the National with FAA safety responsibilities. evidence, the FAA may use the
Airspace System (NAS) facilities, The FAA finds that withholding knowledge of the event or possible
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS

systems and equipment. Reports SAFER–FCT and ATSAP–X information violation to generate an investigation,
submitted by these employees under from public release is consistent with and, in that regard, the information is
ATSAP–X ordinarily involve matters or the FAA’s safety responsibilities, not protected from disclosure. To
observations occurring during the because it encourages individuals to withhold information from such limited
performance of their job responsibilities, provide important safety information release would be inconsistent with the
and therefore the information submitted that it otherwise might not receive. FAA’s safety responsibilities. In
is inherently safety related. Vendor (1) Withholding SAFER–FCT and addition, reports that appear to involve
employees provide and support the ATSAP–X information from disclosure, possible criminal activity, substance
provision of air traffic services at as described in this designation, is abuse, controlled substances, alcohol, or

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Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Proposed Rules 18171

intentional falsification will be referred track maintenance credit (RTMC) and section 7805(f) of the Internal Revenue
to an appropriate FAA office for further the election for a reduced research Code, this notice of proposed
handling. The FAA may use such credit. The text of the temporary rulemaking will be submitted to the
reports for enforcement purposes, and regulations also serves as the text of Chief Counsel for Advocacy of the Small
will refer such reports to law these proposed regulations. Business Administration for comment
enforcement agencies, if appropriate. To DATES: Comments and requests for a on their impact on small business.
withhold information in these public hearing must be received by July Comments and Public Hearing
circumstances would be inconsistent 2, 2015.
with the agency’s safety responsibilities ADDRESSES: Send submissions to:
Before these proposed regulations are
because it could prevent, or at least CC:PA:LPD:PR (REG–133489–13), Room adopted as final regulations,
diminish the FAA’s ability to effectively 5203, Internal Revenue Service, P.O. consideration will be given to any
address egregious misconduct. Box 7604, Ben Franklin Station, comments that are submitted timely to
f. Summary of how the FAA will Washington, DC 20044. Submissions the IRS. The Treasury Department and
distinguish information protected under may be hand delivered Monday through the IRS request comments on all aspects
part 193 from information the FAA Friday between the hours of 8 a.m. and of the proposed rules. All comments
receives from other sources. 4 p.m. to: CC:PA:LPD:PR (REG–133489– will be available at www.regulations.gov
All employee SAFER–FCT and 13), Courier’s Desk, Internal Revenue or upon request.
ATSAP–X reports are clearly labeled as A public hearing will be scheduled if
Service, 1111 Constitution Avenue NW.,
such. Each employee must submit their requested in writing by any person that
Washington, DC. Submissions may also
own report. timely submits written comments. If a
be sent electronically via the Federal
public hearing is scheduled, notice of
5. Designation eRulemaking Portal at
the date, time, and place for the public
www.regulations.gov (IRS REG–133489–
The FAA designates the information hearing will be published in the Federal
13). The public hearing will be held in
described in paragraph 5b to be Register.
the IRS Auditorium, Internal Revenue
protected from disclosure in accordance
Building, 1111 Constitution Avenue Drafting Information
with 49 U.S.C., section 40123 and 14
NW., Washington, DC. The principal author of these
CFR part 193.
FOR FURTHER INFORMATION CONTACT: regulations is James A. Holmes, Office
Issued in Washington, DC on March 27, Concerning the regulations, James A.
2015. of Associate Chief Counsel
Holmes, (202) 317–4137; concerning (Passthroughs and Special Industries),
Michael P. Huerta, submission of comments, the hearing, IRS. However, other personnel from the
Administrator, Federal Aviation and/or to be placed on the building
Administration.
IRS and Treasury Department
access list to attend the hearing, participated in their development.
[FR Doc. 2015–07743 Filed 4–2–15; 8:45 am] Oluwafunmilayo (Funmi) Taylor at
BILLING CODE 4910–13–P (202) 317–6901 (not toll-free numbers). List of Subjects in 26 CFR Part 1
SUPPLEMENTARY INFORMATION: Income taxes, Reporting and
recordkeeping requirements.
DEPARTMENT OF THE TREASURY Background
Temporary regulations in the Rules Proposed Amendments to the
Internal Revenue Service and Regulations section of this issue of Regulations
the Federal Register amend the Income Accordingly, 26 CFR part 1 is
26 CFR Part 1 Tax Regulations (26 CFR part 1) relating proposed to be amended as follows:
[REG–133489–13] to section 41. The temporary regulations
amend §§ 1.41–6,1.45G–1, and 1.280C– PART 1—INCOME TAXES
RIN 1545–BL76 4. The regulations are being prescribed
■ Paragraph 1. The authority citation
to update the regulations in a manner
Allocation of Controlled Group for part 1 continues to read, in part as
that is consistent with the amendments
Research Credit follows:
made to sections 41(f)(1)(A)(ii) and
AGENCY: Internal Revenue Service (IRS), 41(f)(1)(B)(ii) in Section 301(c) of the Authority: 26 U.S.C. 7805 * * *
Treasury. Act. The text of the temporary Section 1.41–6 also issued under 26 U.S.C.
ACTION: Notice of proposed rulemaking regulations also serves as the text of 41(f)(1) * * *
by cross-reference to temporary these proposed regulations. The Section 1.45G–1 also issued under 26
regulations and notice of public hearing. preamble to those regulations explains U.S.C. 45G(e)(2) * * *
the amendments. Section 1.280C–4 also issued under 26
SUMMARY: This document contains U.S.C. 280C(c)(4) * * *
proposed regulations relating to the Special Analyses ■ Par. 2. Section 1.41–6 is amended to
allocation of the group credit. The It has been determined that this notice read as follows:
proposed regulations will affect certain of proposed rulemaking is not a § 1.41–6. Aggregation of expenditures.
taxpayers claiming the credit. In the significant regulatory action as defined [The text of the amendments to this
Rules and Regulations section of this in Executive Order 12866. Therefore, a
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS

proposed section is the same as the text
issue of the Federal Register, the IRS is regulatory assessment is not required. It of § 1.41–6T published elsewhere in this
issuing temporary regulations providing also has been determined that section issue of the Federal Register].
guidance relating to the allocation of the 553(b) of the Administrative Procedure ■ Par. 3. Section 1.45G–1 is amended to
credit for increasing research activities Act (5 U.S.C. chapter 5) does not apply read as follows:
(research credit) to corporations and to these regulations, and because the
trades or businesses under common regulations do not impose a collection § 1.45G–1. Railroad track maintenance
control (controlled groups). The of information on small entities, the credit.
temporary regulations also contain rules Regulatory Flexibility Act (5 U.S.C. [The text of the amendments to this
relating to the allocation of the railroad chapter 6) does not apply. Pursuant to proposed section is the same as the text

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Document Created: 2015-12-18 15:29:24
Document Modified: 2015-12-18 15:29:24

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of Proposed Order Designating Safety Information as Protected from Disclosure
Dates		Comments must be received on or before May 4, 2015.
Contact		Coleen Hawrysko--Group Manager, ATO Safety Programs, Federal Aviation Administration, 490 L'Enfant Plaza, Suite 7200, Washington, DC 20024 or via email at [email protected] or phone at 202-267-8807.
FR Citation		80 FR 18168
RIN Number		2120-AA66

80 FR 18168 - Federal Contract Tower Safety Action Program (SAFER-FCT and Air Traffic Safety Action Program for Engineers & Architects, Staff Support Specialists, Aviation Technical System Specialists (Series 2186) and Flight Procedures Team (ATSAP-X)

DEPARTMENT OF TRANSPORTATIONFederal Aviation Administration

Federal Register Volume 80, Issue 64 (April 3, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration