80_FR_57887 80 FR 57701 - 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)

80 FR 57701 - 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 186 (September 25, 2015)

Page Range57701-57703
FR Document2015-24438

This action affirms the order published in the Federal Register on April 3, 2015, regarding the application of Title 14, Code of Federal Regulations (14 CFR) Part 193, Federal Contract Tower SAFER- FCT Program and the Air Traffic Organization Engineers and Architects, Staff Support Specialist (Series 2186) and Flight Procedures Team (hereinafter ``Region X'') ATSAP-X Program. The Notice proposed that safety information provided to the FAA under the SAFER-FCT and ATSAP-X programs be designated by an FAA Order as protected from public disclosure in accordance with the provisions of 14 CFR part 193, Protection of Voluntarily Submitted Information. The designation is intended to encourage persons to voluntarily provide information to the FAA under the SAFER-FCT and ATSAP-X, so the FAA can learn about and address aviation safety hazards and implement, as appropriate corrective measures for events or safety issues.

Federal Register, Volume 80 Issue 186 (Friday, September 25, 2015)
[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)]
[Rules and Regulations]
[Pages 57701-57703]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24438]


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

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.

[[Page 57702]]


ACTION: Notice of Order Designating Information as Protected from 
Disclosure; No comments received.

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

SUMMARY: This action affirms the order published in the Federal 
Register on April 3, 2015, regarding the application of Title 14, Code 
of Federal Regulations (14 CFR) Part 193, Federal Contract Tower SAFER-
FCT Program and the Air Traffic Organization Engineers and Architects, 
Staff Support Specialist (Series 2186) and Flight Procedures Team 
(hereinafter ``Region X'') ATSAP-X Program. The Notice proposed that 
safety information provided to the FAA under the SAFER-FCT and ATSAP-X 
programs be designated by an FAA Order as protected from public 
disclosure in accordance with the provisions of 14 CFR part 193, 
Protection of Voluntarily Submitted Information. The designation is 
intended to encourage persons to voluntarily provide information to the 
FAA under the SAFER-FCT and ATSAP-X, so the FAA can learn about and 
address aviation safety hazards and implement, as appropriate 
corrective measures for events or safety issues.

DATES: Effective date: September 25, 2015.

ADDRESSES: For information on where to obtain copies of documents and 
other information related to this action, see ``How to Obtain 
Additional Information'' in the SUPPLEMENTARY INFORMATION section of 
this notice.

FOR FURTHER INFORMATION CONTACT: For questions concerning this action, 
contact Ms. Coleen Hawrysko, Group Manager, Air Traffic Organization 
(ATO) Safety Programs, Federal Aviation Administration, 490 L'Enfant 
Plaza, Suite 7200, Washington, DC 20024; telephone (202) 267-8807, 
email: coleen.hawrysko@faa.gov.

SUPPLEMENTARY INFORMATION:

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. In accordance with 14 CFR part 193, Protection of 
Voluntarily Submitted Information, the FAA must issue an Order that 
specifies why the agency finds that the information should be 
protected. 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 (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.
    On April 3, 2015, the FAA published a notice of proposed order 
designating information provided under the SAFER-FCT and ATSAP-X 
programs as protected from disclosure under 49 U.S.C. 40123 and 14 CFR 
part 193. 80 FR 18168. The FAA noted that the designation of protected 
information is intended to encourage persons to voluntarily provide 
information to the FAA under the SAFER-FCT and ATSAP-X, 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 
or safety issues known by it through other means. The FAA invited 
public comment. No comments were submitted to the docket.

Applicability

    The designation is applicable to any FAA office that receives 
information covered under this designation from SAFER-FCT and ATSAP-X, 
both of which will be incorporated in FAA Order JO 7200.20, Voluntary 
Safety Reporting Programs. Any other government agency that receives 
SAFER-FCT and ATSAP-X information covered under the designation from 
the FAA is subject to the requirements of 49 U.S.C. 40123 regarding 
nondisclosure of the information. Under Sec.  193.7(e), each such 
agency must stipulate in writing, that it will abide by the 
requirements of section 40123, the provisions of part 193, and the 
Order designating SAFER-FCT and ATSAP-X 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-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.

[[Page 57703]]

    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 
ERC 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 ERC, 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 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.
    (1) 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 4b to be protected from disclosure in accordance with 49 
U.S.C., section 40123 and 14 CFR part 193.

    Issued in Washington, DC on September 18, 2015.
Michael P. Huerta,
Administrator, Federal Aviation Administration.
[FR Doc. 2015-24438 Filed 9-24-15; 8:45 am]
 BILLING CODE 4910-13-P



                                                                 Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations                                             57701

                                                Atlanta, Georgia 30320; telephone (404)                 air traffic service routes, and reporting             Lists of Subjects in 14 CFR Part 71
                                                305–6364.                                               points.                                                Airspace, Incorporation by reference,
                                                SUPPLEMENTARY INFORMATION:                              The Rule                                              Navigation (Air).
                                                Authority for This Rulemaking                              This amendment to Title 14, Code of                Adoption of the Amendment
                                                  The FAA’s authority to issue rules                    Federal Regulations (14 CFR) part 71                    In consideration of the foregoing, the
                                                regarding aviation safety is found in                   establishes Class E airspace extending                Federal Aviation Administration
                                                Title 49 of the United States Code.                     upward from 700 feet above the surface                amends 14 CFR part 71 as follows:
                                                Subtitle I, Section 106 describes the                   within a 6.8-mile radius of Poplarville-
                                                authority of the FAA Administrator.                     Pearl River County Airport, Poplarville,              PART 71—DESIGNATION OF CLASS A,
                                                Subtitle VII, Aviation Programs,                        MS, providing the controlled airspace                 B, C, D, AND E AIRSPACE AREAS; AIR
                                                describes in more detail the scope of the               required to support the new RNAV                      TRAFFIC SERVICE ROUTES; AND
                                                agency’s authority. This rulemaking is                  (GPS) standard instrument approach                    REPORTING POINTS
                                                promulgated under the authority                         procedures for Poplarville-Pearl River
                                                described in Subtitle VII, Part, A,                     County Airport. The title of this rule                ■ 1. The authority citation for Part 71
                                                Subpart I, Section 40103. Under that                    and the airspace designation is changed               continues to read as follows:
                                                section, the FAA is charged with                        from Poplarville, MS, to Poplarville-                   Authority: 49 U.S.C. 106(f), 106(g); 40103,
                                                prescribing regulations to assign the use               Pearl River County Airport, MS, and the               40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
                                                of airspace necessary to ensure the                     geographic coordinates of the airport are             1959–1963 Comp., p. 389.
                                                safety of aircraft and the efficient use of             adjusted to be in concert with the FAAs
                                                                                                                                                              § 71.1       [Amended]
                                                airspace. This regulation is within the                 aeronautical database.
                                                scope of that authority as it establishes                  Class E airspace designations are                  ■ 2. The incorporation by reference in
                                                Class E airspace at Poplarville-Pearl                   published in Paragraph 6005 of FAA                    14 CFR 71.1 of FAA Order 7400.9Z,
                                                River County Airport, Poplarville, MS.                  Order 7400.9Z, dated August 6, 2015,                  Airspace Designations and Reporting
                                                                                                        and effective September 15, 2015, which               Points, dated August 6, 2015, effective
                                                History                                                 is incorporated by reference in 14 CFR                September 15, 2015, is amended as
                                                   On June 22, 2015, the FAA published                  71.1. The Class E airspace designation                follows:
                                                in the Federal Register a notice of                     listed in this document will be                       Paragraph 6005 Class E Airspace Areas
                                                proposed rulemaking (NPRM) to                           published subsequently in the Order.                  Extending Upward From 700 Feet or More
                                                establish Class E airspace extending                                                                          Above the Surface of the Earth
                                                                                                        Regulatory Notices and Analyses
                                                upward from 700 feet above the surface                                                                        *        *      *    *    *
                                                at Poplarville-Pearl River County                          The FAA has determined that this
                                                Airport, Poplarville, MS. (80 FR 35601).                regulation only involves an established               ASO MS E5 Poplarville-Pearl River County
                                                Interested parties were invited to                      body of technical regulations for which               Airport, MS [New]
                                                participate in this rulemaking effort by                frequent and routine amendments are                   Poplarville-Pearl River County Airport, MS
                                                submitting written comments on the                      necessary to keep them operationally                    (Lat. 30°47′12″ N., long. 89°30′16″ W.)
                                                proposal to the FAA. No comments                        current, is non-controversial and                       That airspace extending upward from 700
                                                were received. Subsequent to                            unlikely to result in adverse or negative             feet above the surface within a 6.8-mile
                                                publication, the FAA found the airport                  comments. It, therefore, (1) is not a                 radius of Poplarville-Pearl River County
                                                designation Poplarville, MS, is already                 ‘‘significant regulatory action’’ under               Airport.
                                                being used for another airport, and,                    Executive Order 12866; (2) is not a                     Issued in College Park, Georgia, on
                                                therefore, has changed the title and                    ‘‘significant rule’’ under DOT                        September 16, 2015.
                                                designation to Poplarville-Pearl River                  Regulatory Policies and Procedures (44                Jim Dickinson,
                                                County Airport, Poplarville, MS. The                    FR 11034; February 26, 1979); and (3)                 Acting Manager, Operations Support Group,
                                                geographic coordinates are also                         does not warrant preparation of a                     Eastern Service Center, Operations Support
                                                adjusted. Except for editorial changes,                 Regulatory Evaluation as the anticipated              Group.
                                                and the changes noted above, this rule                  impact is so minimal. Since this is a                 [FR Doc. 2015–24153 Filed 9–24–15; 8:45 am]
                                                is the same as published in the NPRM.                   routine matter that only affects air traffic          BILLING CODE 4910–13–P
                                                   Class E airspace designations are                    procedures and air navigation, it is
                                                published in paragraph 6005 of FAA                      certified that this rule, when
                                                Order 7400.9Z dated August 6, 2015,                     promulgated, does not have a significant              DEPARTMENT OF TRANSPORTATION
                                                and effective September 15, 2015, which                 economic impact on a substantial
                                                is incorporated by reference in 14 CFR                  number of small entities under the                    Federal Aviation Administration
                                                71.1. The Class E airspace designations                 criteria of the Regulatory Flexibility Act.
                                                listed in this document will be                                                                               14 CFR Part 193
                                                                                                        Environmental Review
                                                published subsequently in the Order.                                                                          [Docket No.: FAA–2014–0142]
                                                                                                          The FAA has determined that this
                                                Availability and Summary of                                                                                   RIN 2120–AA66
                                                                                                        action qualifies for categorical exclusion
                                                Documents for Incorporation by
                                                                                                        under the National Environmental                      Federal Contract Tower Safety Action
                                                Reference
                                                                                                        Policy Act in accordance with FAA                     Program (SAFER–FCT) and Air Traffic
                                                   This document amends FAA Order                       Order 1050.1E, ‘‘Environmental                        Safety Action Program for Engineers &
mstockstill on DSK4VPTVN1PROD with RULES




                                                7400.9Z, Airspace Designations and                      Impacts: Policies and Procedures,’’                   Architects, Staff Support Specialists,
                                                Reporting Points, dated August 6, 2015,                 paragraph 311a. This airspace action is               Aviation Technical System Specialists
                                                and effective September 15, 2015. FAA                   not expected to cause any potentially                 (Series 2186) and Flight Procedures
                                                Order 7400.9Z is publicly available as                  significant environmental impacts, and                Team (ATSAP–X)
                                                listed in the ADDRESSES section of this                 no extraordinary circumstances exist
                                                proposed rule. FAA Order 7400.9Z lists                  that warrant preparation of an                        AGENCY:Federal Aviation
                                                Class A, B, C, D, and E airspace areas,                 environmental assessment.                             Administration (FAA), DOT.


                                           VerDate Sep<11>2014   17:35 Sep 24, 2015   Jkt 235001   PO 00000   Frm 00009   Fmt 4700   Sfmt 4700   E:\FR\FM\25SER1.SGM   25SER1


                                                57702            Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations

                                                ACTION: Notice of Order Designating                     U.S.C. 40123, 14 CFR part 193, and the                   b. Voluntarily-provided Information
                                                Information as Protected from                           Order designating the information as                  Protected from Disclosure Under the
                                                Disclosure; No comments received.                       protected. This Order is issued under                 Proposed Designation. Except for
                                                                                                        part 193; section 193.11, which sets out              SAFER–FCT or ATSAP–X reports that
                                                SUMMARY: This action affirms the order                  the notice procedure for designating                  involve possible criminal conduct,
                                                published in the Federal Register on                    information as protected.                             substance abuse, controlled substances,
                                                April 3, 2015, regarding the application                                                                      alcohol, or intentional falsification, the
                                                                                                          On April 3, 2015, the FAA published
                                                of Title 14, Code of Federal Regulations                                                                      following information would be
                                                                                                        a notice of proposed order designating
                                                (14 CFR) Part 193, Federal Contract                                                                           protected from disclosure:
                                                                                                        information provided under the
                                                Tower SAFER–FCT Program and the Air                                                                              (1) the content of any report
                                                                                                        SAFER–FCT and ATSAP–X programs as
                                                Traffic Organization Engineers and                                                                            concerning an aviation safety or security
                                                                                                        protected from disclosure under 49
                                                Architects, Staff Support Specialist                                                                          matter that is submitted by a qualified
                                                                                                        U.S.C. 40123 and 14 CFR part 193. 80
                                                (Series 2186) and Flight Procedures                                                                           participant under the SAFER–FCT or
                                                                                                        FR 18168. The FAA noted that the
                                                Team (hereinafter ‘‘Region X’’) ATSAP–                                                                        ATSAP–X that is accepted into either
                                                                                                        designation of protected information is
                                                X Program. The Notice proposed that                                                                           program, including the SAFER–FCT or
                                                                                                        intended to encourage persons to
                                                safety information provided to the FAA                                                                        ATSAP–X report, and the name of the
                                                                                                        voluntarily provide information to the
                                                under the SAFER–FCT and ATSAP–X                                                                               submitter of the report. Notwithstanding
                                                                                                        FAA under the SAFER–FCT and
                                                programs be designated by an FAA                                                                              the foregoing, mandatory information
                                                                                                        ATSAP–X, so the FAA can learn about
                                                Order as protected from public                                                                                about occurrences that are required to
                                                                                                        and address aviation safety hazards of
                                                disclosure in accordance with the                                                                             be reported under FAA Orders or ATO
                                                                                                        which it was unaware or more fully
                                                provisions of 14 CFR part 193,                                                                                guidance is not protected under this
                                                                                                        understand and implement corrective
                                                Protection of Voluntarily Submitted                                                                           designation, unless the same
                                                                                                        measures for events or safety issues
                                                Information. The designation is                                                                               information has also been submitted or
                                                                                                        known by it through other means. The
                                                intended to encourage persons to                                                                              reported under other procedures
                                                                                                        FAA invited public comment. No
                                                voluntarily provide information to the                                                                        prescribed by the Agency. The
                                                                                                        comments were submitted to the docket.
                                                FAA under the SAFER–FCT and                                                                                   exclusion is necessary to assure that the
                                                ATSAP–X, so the FAA can learn about                     Applicability                                         information protected under this
                                                and address aviation safety hazards and                                                                       designation has been voluntarily
                                                                                                          The designation is applicable to any
                                                implement, as appropriate corrective                                                                          submitted. It also permits changes to
                                                                                                        FAA office that receives information
                                                measures for events or safety issues.                                                                         ATO Orders and guidance without
                                                                                                        covered under this designation from
                                                DATES: Effective date: September 25,                                                                          requiring a change to this designation.
                                                                                                        SAFER–FCT and ATSAP–X, both of                           (2) Any evidence gathered by the
                                                2015.                                                   which will be incorporated in FAA                     Event Review Committee during its
                                                ADDRESSES: For information on where to                  Order JO 7200.20, Voluntary Safety                    investigation of a safety- or security-
                                                obtain copies of documents and other                    Reporting Programs. Any other                         related event reported under SAFER–
                                                information related to this action, see                 government agency that receives                       FCT or ATSAP–X, including the
                                                ‘‘How to Obtain Additional                              SAFER–FCT and ATSAP–X information                     SAFER–FCT or ATSAP–X investigative
                                                Information’’ in the SUPPLEMENTARY                      covered under the designation from the                file.
                                                INFORMATION section of this notice.                     FAA is subject to the requirements of 49
                                                                                                        U.S.C. 40123 regarding nondisclosure of                  Note: The type of information or
                                                FOR FURTHER INFORMATION CONTACT: For
                                                                                                                                                              circumstances under which the information
                                                questions concerning this action,                       the information. Under § 193.7(e), each               listed above would not be protected from
                                                contact Ms. Coleen Hawrysko, Group                      such agency must stipulate in writing,                disclosure is discussed in paragraph 3.b of
                                                Manager, Air Traffic Organization                       that it will abide by the requirements of             this Order.
                                                (ATO) Safety Programs, Federal                          section 40123, the provisions of part                    c. Ways to Participate. FAA
                                                Aviation Administration, 490 L’Enfant                   193, and the Order designating SAFER–                 employees who are qualified
                                                Plaza, Suite 7200, Washington, DC                       FCT and ATSAP–X as protected from                     participants register for, and submit a
                                                20024; telephone (202) 267–8807, email:                 public disclosure under 14 CFR part                   report into, the system.
                                                coleen.hawrysko@faa.gov.                                193.                                                     d. Duration of this Information-
                                                SUPPLEMENTARY INFORMATION:                              3. Summary                                            Sharing Program. This program
                                                Background                                                                                                    continues as long as it is provided for
                                                                                                          a. Qualified Participants. Region X                 by Order or a collective bargaining
                                                   Under Title 49 of the United States                  employees who are covered under the                   agreement.
                                                Code (49 U.S.C.), section 40123, certain                Consolidated Collective Bargaining                       4. Findings. The FAA designates
                                                voluntarily provided safety and security                agreement (CBA) between NATCA and                     information received from a SAFER–
                                                information is protected from disclosure                the FAA effective May 22, 2013, or its                FCT or ATSAP–X submission as
                                                in order to encourage persons to provide                successor, and other employees                        protected under 49 U.S.C. 40123 and 14
                                                the information. In accordance with 14                  identified in FAA Order 7200.22 which                 CFR 193.7, based on the following
                                                CFR part 193, Protection of Voluntarily                 will be incorporated in FAA Order                     findings:
                                                Submitted Information, the FAA must                     7200.20, are eligible to complete a                      a. Summary of why the FAA finds that
                                                issue an Order that specifies why the                   ATSAP–X report for events that occur                  the information will be provided
                                                agency finds that the information                       while acting in that capacity. Vendor                 voluntarily. The FAA finds that the
                                                should be protected. If the                             employees Union or Non-Union who are                  information will be provided
mstockstill on DSK4VPTVN1PROD with RULES




                                                Administrator issues an Order                           covered under the FAA and the Federal                 voluntarily. This finding is supported
                                                designating information as protected                    Contract Tower September 2011                         by the significant increase in reports of
                                                under 49 U.S.C. 40123, that information                 contract, or its successor, and other                 safety-related matters since the
                                                will not be disclosed under the Freedom                 employees identified in FAA Order                     implementation of voluntary safety
                                                of Information Act (Title 5 of the United               7200.20 are eligible to complete a                    reporting programs. No FAA or Vendor
                                                States Code (5 U.S.C.), section 552) or                 SAFER–FCT report for events that occur                employee is required to participate in
                                                other laws, except as provided in 49                    while acting in that capacity.                        the SAFER–FCT or ATSAP–X.


                                           VerDate Sep<11>2014   17:35 Sep 24, 2015   Jkt 235001   PO 00000   Frm 00010   Fmt 4700   Sfmt 4700   E:\FR\FM\25SER1.SGM   25SER1


                                                                 Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations                                             57703

                                                   b. Description of the type of                        responsibilities. Because of its capacity             need for changes in FAA policies,
                                                information that may be voluntarily                     to provide early identification of needed             procedures, and regulations, the FAA
                                                provided under the program and a                        safety improvements, this information                 may disclose de-identified, summarized
                                                summary of why the FAA finds that the                   offers significant potential for                      information that has been derived from
                                                information is safety- related.                         addressing hazards that could lead to                 SAFER–FCT or ATSAP–X reports or
                                                   (1) The following types of reports are               incidents or accidents. In particular, one            extracted from the protected
                                                ordinarily submitted under the SAFER–                   of the benefits of both the SAFER–FCT                 information listed under paragraph 5b.
                                                FCT or ATSAP–X:                                         and ATSAP–X is that they encourage                    The FAA may disclose de-identified,
                                                   i. Noncompliance reports.                            the submission of narrative descriptions              summarized SAFER–FCT or ATSAP–X
                                                Noncompliance reports identify specific                 of occurrences that provide more
                                                instances of a failure to follow FAA                                                                          information that identifies a systemic
                                                                                                        detailed information than is otherwise
                                                directives.                                                                                                   problem in the NAS, when a party
                                                                                                        available. The SAFER–FCT and
                                                   ii. Aviation safety concern reports.                 ATSAP–X have produced safety-related                  needs to be advised of the problem in
                                                Aviation safety concerns that do not                    data that is not available from any other             order to take corrective action. Under
                                                involve specific noncompliance with                     source. Receipt of this previously                    the current version of FAA Order N JO
                                                FAA directives. These may include, but                  unavailable information has provided                  7200.20, reported events and possible
                                                are not limited to potential safety events              the FAA with an improved basis for                    violations may be subject to
                                                or perceived problems with policies,                    modifying procedures, policies, and                   investigation, reexamination, and/or
                                                procedures, and equipment.                              regulations to improve safety and                     action. Although the report itself and
                                                   (2) Region X employees support the                   efficiency.                                           the content of the report are not used as
                                                design, delivery and efficiency of flight                  e. Consistencies and inconsistencies               evidence, the FAA may use the
                                                services throughout the National                        with FAA safety responsibilities. The                 knowledge of the event or possible
                                                Airspace System (NAS) facilities,                       FAA finds that withholding SAFER–                     violation to generate an investigation,
                                                systems and equipment. Reports                          FCT and ATSAP–X information from                      and, in that regard, the information is
                                                submitted by these employees under                      public release is consistent with the                 not protected from disclosure. To
                                                ATSAP–X ordinarily involve matters or                   FAA’s safety responsibilities, because it             withhold information from such limited
                                                observations occurring during the                       encourages individuals to provide
                                                performance of their job responsibilities,                                                                    release would be inconsistent with the
                                                                                                        important safety information that it                  FAA’s safety responsibilities. In
                                                and therefore the information submitted                 otherwise might not receive.
                                                is inherently safety related. Vendor                                                                          addition, reports that appear to involve
                                                                                                           (1) Withholding SAFER–FCT and
                                                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
                                                Federal Contract Tower facilities                       consistent with the FAA’s safety                      intentional falsification will be referred
                                                throughout the NAS. Reports submitted                   responsibilities. Without the Agency’s                to an appropriate FAA office for further
                                                by these employees under SAFER–FCT                      ability to assure that the detailed                   handling. The FAA may use such
                                                ordinarily involve occurrences or                       information reported under these                      reports for enforcement purposes, and
                                                problems identified or experienced                      programs, which often explains why the                will refer such reports to law
                                                during the performance of their job                     event occurred or describes underlying                enforcement agencies, if appropriate. To
                                                responsibilities which directly affect                  problems, will not be disclosed, the                  withhold information in these
                                                safety.                                                 information will not be provided to the               circumstances would be inconsistent
                                                   c. Summary of why the FAA finds that                 FAA. Employees are concerned that                     with the agency’s safety responsibilities
                                                the disclosure of the information would                 public release of the information could               because it could prevent, or at least
                                                inhibit persons from voluntarily                        result in potential misuses of the                    diminish the FAA’s ability to effectively
                                                providing that type of information.                     information that could affect them                    address egregious misconduct.
                                                   The FAA finds that disclosure of the                 negatively. If the FAA does not receive
                                                information would inhibit the voluntary                 the information, the FAA and the public                 f. Summary of how the FAA will
                                                provision of that type of information.                  will be deprived of the opportunity to                distinguish information protected under
                                                Employees are unwilling to voluntarily                  make the safety improvements that                     part 193 from information the FAA
                                                provide detailed information about                      receipt of the information otherwise                  receives from other sources.
                                                safety events and concerns, including                   enables. Corrective action under                        (1) All employee SAFER–FCT and
                                                those that might involve their own                      SAFER–FCT and ATSAP–X can be                          ATSAP–X reports are clearly labeled as
                                                failures to follow Agency directives and                accomplished without disclosure of                    such. Each employee must submit their
                                                policies, if such information could be                  protected information. For example, for               own report.
                                                released publicly. If information is                    acceptance under both programs, the
                                                publicly disclosed, there is a strong                                                                           5. Designation. The FAA designates
                                                                                                        reporting employee must comply with
                                                likelihood that the information could be                ERC recommendations for corrective                    the information described in paragraph
                                                misused for purposes other than to                      action, such as additional training for an            4b to be protected from disclosure in
                                                address and resolve the reported safety                 employee. If the employee fails to                    accordance with 49 U.S.C., section
                                                concern. Unless the FAA can provide                     complete corrective action in a manner                40123 and 14 CFR part 193.
                                                assurance that safety-related reports will              satisfactory to all members of the ERC,                 Issued in Washington, DC on September
                                                be withheld from public disclosure,                     the event may be referred to an                       18, 2015.
                                                employees will not participate in the                   appropriate office within the FAA for                 Michael P. Huerta,
mstockstill on DSK4VPTVN1PROD with RULES




                                                programs.                                               any additional investigation,                         Administrator, Federal Aviation
                                                   d. Summary of why the receipt of that                reexamination, and/or action, as                      Administration.
                                                type of information aids in fulfilling the              appropriate.
                                                                                                                                                              [FR Doc. 2015–24438 Filed 9–24–15; 8:45 am]
                                                FAA’s safety responsibilities. The FAA                     (2) The FAA may release SAFER–FCT
                                                finds that receipt of information in                    or ATSAP–X information submitted to                   BILLING CODE 4910–13–P

                                                SAFER–FCT or ATSAP–X reports aids                       the agency, as specified in Part 193 and
                                                in fulfilling the FAA’s safety                          this Order. For example, to explain the


                                           VerDate Sep<11>2014   17:35 Sep 24, 2015   Jkt 235001   PO 00000   Frm 00011   Fmt 4700   Sfmt 9990   E:\FR\FM\25SER1.SGM   25SER1



Document Created: 2018-02-26 10:20:08
Document Modified: 2018-02-26 10:20:08
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionNotice of Order Designating Information as Protected from Disclosure; No comments received.
DatesEffective date: September 25, 2015.
ContactFor questions concerning this action, contact Ms. Coleen Hawrysko, Group Manager, Air Traffic Organization (ATO) Safety Programs, Federal Aviation Administration, 490 L'Enfant Plaza, Suite 7200, Washington, DC 20024; telephone (202) 267-8807, email: [email protected]
FR Citation80 FR 57701 
RIN Number2120-AA66

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR