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), 57701-57703 [2015-24438]
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Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations
Atlanta, Georgia 30320; telephone (404)
305–6364.
SUPPLEMENTARY INFORMATION:
air traffic service routes, and reporting
points.
Authority for This Rulemaking
This amendment to Title 14, Code of
Federal Regulations (14 CFR) part 71
establishes Class E airspace extending
upward from 700 feet above the surface
within a 6.8-mile radius of PoplarvillePearl River County Airport, Poplarville,
MS, providing the controlled airspace
required to support the new RNAV
(GPS) standard instrument approach
procedures for Poplarville-Pearl River
County Airport. The title of this rule
and the airspace designation is changed
from Poplarville, MS, to PoplarvillePearl River County Airport, MS, and the
geographic coordinates of the airport are
adjusted to be in concert with the FAAs
aeronautical database.
Class E airspace designations are
published in Paragraph 6005 of FAA
Order 7400.9Z, dated August 6, 2015,
and effective September 15, 2015, which
is incorporated by reference in 14 CFR
71.1. The Class E airspace designation
listed in this document will be
published subsequently in the Order.
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
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. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part, A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it establishes
Class E airspace at Poplarville-Pearl
River County Airport, Poplarville, MS.
History
On June 22, 2015, the FAA published
in the Federal Register a notice of
proposed rulemaking (NPRM) to
establish Class E airspace extending
upward from 700 feet above the surface
at Poplarville-Pearl River County
Airport, Poplarville, MS. (80 FR 35601).
Interested parties were invited to
participate in this rulemaking effort by
submitting written comments on the
proposal to the FAA. No comments
were received. Subsequent to
publication, the FAA found the airport
designation Poplarville, MS, is already
being used for another airport, and,
therefore, has changed the title and
designation to Poplarville-Pearl River
County Airport, Poplarville, MS. The
geographic coordinates are also
adjusted. Except for editorial changes,
and the changes noted above, this rule
is the same as published in the NPRM.
Class E airspace designations are
published in paragraph 6005 of FAA
Order 7400.9Z dated August 6, 2015,
and effective September 15, 2015, which
is incorporated by reference in 14 CFR
71.1. The Class E airspace designations
listed in this document will be
published subsequently in the Order.
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Availability and Summary of
Documents for Incorporation by
Reference
This document amends FAA Order
7400.9Z, Airspace Designations and
Reporting Points, dated August 6, 2015,
and effective September 15, 2015. FAA
Order 7400.9Z is publicly available as
listed in the ADDRESSES section of this
proposed rule. FAA Order 7400.9Z lists
Class A, B, C, D, and E airspace areas,
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17:35 Sep 24, 2015
Jkt 235001
The Rule
Regulatory Notices and Analyses
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current, is non-controversial and
unlikely to result in adverse or negative
comments. It, therefore, (1) is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
Regulatory Evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that only affects air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, does not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
Environmental Review
Frm 00009
Fmt 4700
Sfmt 4700
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (Air).
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for Part 71
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.9Z,
Airspace Designations and Reporting
Points, dated August 6, 2015, effective
September 15, 2015, is amended as
follows:
■
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth
*
*
*
*
*
ASO MS E5 Poplarville-Pearl River County
Airport, MS [New]
Poplarville-Pearl River County Airport, MS
(Lat. 30°47′12″ N., long. 89°30′16″ W.)
That airspace extending upward from 700
feet above the surface within a 6.8-mile
radius of Poplarville-Pearl River County
Airport.
Issued in College Park, Georgia, on
September 16, 2015.
Jim Dickinson,
Acting Manager, Operations Support Group,
Eastern Service Center, Operations Support
Group.
[FR Doc. 2015–24153 Filed 9–24–15; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 193
[Docket No.: FAA–2014–0142]
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1E, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 311a. This airspace action is
not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment.
PO 00000
57701
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)
Federal Aviation
Administration (FAA), DOT.
AGENCY:
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25SER1
57702
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations
Notice of Order Designating
Information as Protected from
Disclosure; No comments received.
ACTION:
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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 (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
VerDate Sep<11>2014
17:35 Sep 24, 2015
Jkt 235001
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 § 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.
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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 securityrelated 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 InformationSharing 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.
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Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations
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
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17:35 Sep 24, 2015
Jkt 235001
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
PO 00000
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57703
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
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[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)]
[Rules and Regulations]
[Pages 57701-57703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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
