[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]
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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.
[[Page 57702]]
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 (202) 267-8807,
email: [email protected].
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]
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