[Federal Register Volume 76, Number 129 (Wednesday, July 6, 2011)]
[Rules and Regulations]
[Pages 39256-39259]
[FR Doc No: 2011-16057]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0152; Directorate Identifier 2010-NM-079-AD;
Amendment 39-16739; AD 2011-14-04]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Model FALCON 7X
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    On some Falcon 7X aeroplanes, it has been determined potential
low clearance between electrical wiring or hydraulic pipe and nearby
structure.
    Although no in service incident has been reported, there is no
certainty that the minimum clearances would be maintained over time.
In the worst case, interference or contact with structure might
occur and lead to electrical short circuits or fluid leakage,
potentially resulting in loss of several functions essential for
safe flight.
* * * * *

    We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective August 10, 2011.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of August 10,
2011.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1137; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on March 8, 2011 (76 FR
12624). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    On some Falcon 7X aeroplanes, it has been determined potential
low clearance between electrical wiring or hydraulic pipe and nearby
structure.
    Although no in service incident has been reported, there is no
certainty that the minimum clearances would be maintained over time.
In the worst case, interference or contact with structure might
occur and lead to electrical short circuits or fluid leakage,
potentially resulting in loss of several functions essential for
safe flight.
    Dassault Aviation has developed two Service Bulletins (SB) that
provide corrective actions to ensure the minimum required clearance,
as well as adequate protection between hydraulic pipe (SB n[deg] 0
92) and electrical wiring (SB n[deg] 006) and the aeroplane
structure.
    This [European Aviation Safety Agency (EASA)] AD requires the
implementation of both SBs on the affected aeroplanes.
    Since issuance of EASA AD 2010-0029, Dassault Aviation has
developed modifications M1036 and M1037. M1036 is equivalent to
M1007 while M1037 is equivalent to M1020. These modifications are
embodied during production on new aeroplanes.
    This [EASA] AD has been revised to exclude from the AD
applicability the aeroplanes on which those modifications are
embodied.

    Required actions include general visual inspections for damage of
wiring bundles and feeders. Damage includes, but is not limited to:
Signs of overheat, discoloration, or damaged and cut strands on the
cables and insulating sleeves. Corrective actions for damage of wiring
bundles and feeders include repairing damage. Other required actions
include modifying the applicable wiring and layout, a general visual
inspection for absence of marks of the rear tank wall at the contact
area, installing a protective plate on the rear tank wall, and
installing a hydraulic pipe if necessary. If contact marks are found,
required actions include an eddy current inspection or a penetrant
inspection for cracks, and repair if necessary. You may obtain further
information by examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Editorial Change

    We have made a minor editorial change to paragraph (g)(3)(ii)(A) of
this AD.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD with the change described
previously. We determined that this change will not increase the
economic burden on any operator or increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 21 products of U.S. registry.
We also estimate that it will take about 65 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost about $0 per product.
Where the service information lists required parts costs that are
covered under warranty, we have assumed that there will be no charge
for these parts. As we do not control warranty coverage for affected
parties, some parties may incur costs higher than estimated here. Based
on these figures, we estimate the cost of this AD to the U.S. operators
to be $116,025, or $5,525 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday,

except Federal holidays. The AD docket contains the NPRM, the
regulatory evaluation, any comments received, and other information.
The street address for the Docket Operations office (telephone (800)
647-5527) is in the ADDRESSES section. Comments will be available in
the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2011-14-04 Dassault Aviation: Amendment 39-16739. Docket No. FAA-
2011-0152; Directorate Identifier 2010-NM-079-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective August
10, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Dassault Aviation Model FALCON 7X
airplanes, certificated in any category; having serial numbers 2
through 22 inclusive, 24 through 26 inclusive, 29, 30, 32 and
subsequent; except those on which modifications M964, M937, M976,
M1007 or M1036, M1020 or M1037, and M1022 have all been implemented.

Subject

    (d) Air Transport Association (ATA) of America Code 20: Air
Frame Wiring; and ATA Code 29: Hydraulic Power.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    On some Falcon 7X aeroplanes, it has been determined potential
low clearance between electrical wiring or hydraulic pipe and nearby
structure.
    Although no in service incident has been reported, there is no
certainty that the minimum clearances would be maintained over time.
In the worst case, interference or contact with structure might
occur and lead to electrical short circuits or fluid leakage,
potentially resulting in loss of several functions essential for
safe flight.
* * * * *

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Inspections and Modification of Wiring and Rear Fuel Tank Panel

    (g) Within 10 months or 650 flight hours after the effective
date of this AD, whichever occurs first, do the actions specified in
paragraphs (g)(1), (g)(2), and (g)(3) of this AD.
    (1) Do a general visual inspection for damage of wiring bundles
and feeders, in accordance with the Accomplishment Instructions of
Dassault Mandatory Service Bulletin 7X-006, Revision 1, dated March
3, 2010. If any damage is found, before further flight, repair, in
accordance with Dassault Mandatory Service Bulletin 7X-006, Revision
1, dated March 3, 2010.
    (2) Modify the applicable wiring and layout, in accordance with
the Accomplishment Instructions of Dassault Mandatory Service
Bulletin 7X-006, Revision 1, dated March 3, 2010.
    (3) Do a general visual inspection for absence of marks on the
rear tank wall at the contact area, in accordance with the
Accomplishment Instructions of Dassault Mandatory Service Bulletin
7X-092, Revision 1, dated January 4, 2010.
    (i) If no contact marks are found during the inspection required
by paragraph (g)(3) of this AD, before further flight, modify the
protective plate, and install a hydraulic pipe as applicable, in
accordance with the Accomplishment Instructions of Dassault
Mandatory Service Bulletin 7X-092, Revision 1, dated January 4,
2010.
    (ii) If any contact marks are found during the inspection
required by paragraph (g)(3) of this AD, before further flight, do
either an eddy current inspection for cracks or a penetrant
inspection for cracks, in accordance with the Accomplishment
Instructions of Dassault Mandatory Service Bulletin 7X-092, Revision
1, dated January 4, 2010.
    (A) If no crack is detected during any inspection required by
paragraph (g)(3)(ii) of this AD, before further flight, do the
actions specified in paragraph (g)(3)(i) of this AD.
    (B) If any crack is detected during any inspection required in
paragraph (g)(3)(ii) of this AD, before further flight, repair the
crack using a method approved by either the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA) (or its delegated agent); and
modify the protective plate, and install a hydraulic pipe as
applicable, in accordance with the Accomplishment Instructions of
Dassault Mandatory Service Bulletin 7X-092, Revision 1, dated
January 4, 2010.

Credit for Actions Accomplished in Accordance With Previous Service
Information

    (h) Doing a general visual inspection for damage, repairing
wiring bundles and feeders, and modifying the applicable wiring and
layout, in accordance with Dassault Mandatory Service Bulletin 7X-
006, dated December 18, 2009; and doing a general visual inspection
for absence of marks on the rear tank wall at the contact area,
modifying the protective plate, installing a hydraulic pipe as
applicable, and doing either an eddy current inspection for cracks
or a penetrant inspection for cracks, in accordance with Dassault
Mandatory Service Bulletin 7X-092, dated July 17, 2009; before the
effective date of this AD is acceptable for compliance with the
corresponding actions required by paragraphs (g)(1), (g)(2), and
(g)(3) of this AD.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service
information as follows: No differences.

Other FAA AD Provisions

    (i) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN: Tom
Rodriguez, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office. The AMOC approval letter must specifically reference this
AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

Related Information

    (j) Refer to MCAI EASA Airworthiness Directive 2010-0029R1,
dated November 25, 2010; Dassault Mandatory Service Bulletin 7X-006,
Revision 1, dated March 3, 2010; and Dassault Mandatory Service
Bulletin 7X-092, Revision 1, dated January 4, 2010; for related
information.

Material Incorporated by Reference

    (k) You must use Dassault Mandatory Service Bulletin 7X-006,
Revision 1, dated March 3, 2010; and Dassault Mandatory Service
Bulletin 7X-092, Revision 1, dated January 4, 2010; as applicable;
to do the actions required by this AD, unless the AD specifies
otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New Jersey
07606; telephone<PHONE_NUMBER>; Internet http://www.dassaultfalcon.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane

Directorate, 1601 Lind Avenue, SW., Renton, Washington. For
information on the availability of this material at the FAA, call
425-227-1221.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on June 17, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-16057 Filed 7-5-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 239 (Monday, December 14, 2015)]
[Notices]
[Page 77335]
[FR Doc No: 2015-31394]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER16-468-000]

FTS Master Tenant 1, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding
FTS Master Tenant 1, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is December 28, 2015.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: December 8, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-31394 Filed 12-11-15; 8:45 am]
 BILLING CODE 6717-01-P


Inyx USA, Ltd.’s response to Section 114 letter.

Confidential Business Information located at EPA headquarters 1310 L St NW.


[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)]
[Rules and Regulations]
[Pages 57701-57703]
[FR Doc No: 2015-24438]

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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 Order Designating Information as Protected from
Disclosure; No comments received.

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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<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
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.

    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