Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Notices 12209 

packages by calling the SSA Reports 

Clearance Officer at 410–965–8783 or by 

writing to the above e-mail address. 

1. Request for Social Security 

Earnings Information—20 CFR 404.810 

and 401.100—0960–0525. The Social 

Security Act permits wage earners, or 

their authorized representative, to 

request Social Security earnings 

information from SSA using Form SSA– 

7050. SSA uses the information to verify 

the requestor’s right to access the 

information and to produce the earnings 

statement. The respondents are wage 

earners and their authorized 

representatives. 

Type of Request: Revision of an OMBapproved information collection. 

Number of Respondents: 60,400. 

Frequency of Response: 1. 

Average Burden per Response: 11 

minutes. 

Estimated Annual Burden: 11,073 

hours. 

2. Methods for Conducting Personal 

Conferences When Waiver of Recovery 

of a Title II or Title XVI Overpayment 

Cannot Be Approved—20 CFR 

404.506(e)(3), 404.506(f)(8), 

416.557(c)(3), and 416.557(d)(8)—0960– 

0769. SSA conducts personal 

conferences when we cannot approve a 

waiver of recovery of a title II or title 

XVI overpayment. Social Security 

beneficiaries and Supplemental Security 

Income (SSI) recipients have the right to 

request a waiver of recovery and 

automatically schedule a personal 

conference if we cannot approve their 

requests for waiver of overpayment. We 

conduct these conferences face-to-face, 

by telephone, or by video 

teleconference. 

Social Security beneficiaries and SSI 

recipients, or their representatives, may 

provide documents to demonstrate they 

are without fault in causing the 

overpayment and do not have the ability 

to repay the debt. They may submit 

these documents with Form SSA–632 

(OMB No. 0960–0037) Request for 

Waiver of Overpayment Recovery; Form 

SSA–795 (OMB No. 0960–0045), 

Statement of Claimant or Other Person; 

or personal statement submitted by 

mail, telephone, personal contact, fax, 

or e-mail. This information collection 

satisfies the request requirements for 

waiver of recovery of an overpayment 

and allows individuals to pursue an 

administrative appeal via personal 

conference. We use the information to 

determine whether to grant or deny a 

waiver request. Respondents are Social 

Security beneficiaries and SSI recipients 

or their representatives seeking 

reconsideration of an SSA waiver 

decision. Note: This is a correction 

notice. When SSA published the 60-day 

Federal Register Notice for this 

collection on December 22, 2010 at 75 

FR 80563, the burden figures we 

reported were correct at that time. 

However, we have since received 

updated burden data that we are 

reporting in the new burden chart below 

Title/section and collection description Number of 

respondents 

Frequency of 

response 

Average 

burden 

per response 

(minutes) 

Total annual 

burden (hours) 

Personal conference 404.506(e)(3) and 404.506(f)(8) submittal of additional 

documents for consideration at personal conferences. ............................... 50,000 1 30 25,000 

Personal conference 416.557(c)(3) and 416.557(d)(8) submittal of additional 

documents for consideration at personal conferences. ............................... 67,332 1 30 33,666 

Total .......................................................................................................... 117,332 ........................ ........................ 58,666 

Dated: March 1, 2011. 

Faye Lipsky, 

Reports Clearance Officer, Center for Reports 

Clearance, Social Security Administration. 

[FR Doc. 2011–4860 Filed 3–3–11; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Docket No. FAA–2011–0183] 

Access to Aircraft Situation Display 

(ASDI) and National Airspace System 

Status Information (NASSI) 

AGENCY: Federal Aviation 

Administration. DOT. 

ACTION: Notice of proposed modification 

to the FAA/Subscriber Memorandum of 

Agreement (MOA) and request for 

comments. 

SUMMARY: The FAA has tentatively 

decided that it is in the best interests of 

the United States Government and the 

general public to modify Section 9 of 

the June 1, 2006, MOA for Industry 

Access to Aircraft Situation Display 

(ASDI) and National Airspace System 

Status Information (NASSI) data, 

between the FAA and Direct Subscribers 

to ASDI and NASSI data-feeds. In 

recognition of the fact that the Privacy 

Act does not protect general aviation 

operators from public knowledge of 

their flight information, the FAA 

proposes to require Direct Subscribers 

(as a condition of signing the MOA) and 

Indirect Subscribers (as a condition of 

signing agreements with Direct 

Subscribers) to block from ASDI and 

NASSI data-feeds available to the public 

any general aviation aircraft registration 

number for which a Certified Security 

Concern has been provided to the FAA. 

DATES: Comments on the FAA’s 

proposed modification to the MOA must 

clearly identify the docket number and 

must be received on or before April 4, 

2011. 

ADDRESSES: You may send comments 

identified by Docket Number FAA– 

2011–0183 using any of the following 

methods: 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Send comments to the Docket 

Management Facility; US Department of 

Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590. 

• Fax: Fax comments to the Docket 

Management Facility at (202) 493–2251. 

• Hand Delivery: Bring comments to 

the Docket Management Facility in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

Privacy Considerations: We will post 

all comments we receive, without 

change, to http://www.regulations.gov, 

including any personal information you 

provide. Using the search function of 

our docket Web site, anyone can find 

and read the comments received into 

any of our dockets, including the name 

of the individual sending the comment 

(or signing the comment for an 

association, business, labor union, etc). 

You may review the Department of 

Transportation’s complete Privacy Act 

Statement in the Federal Register at 65 

FR 19,477–78 (Apr. 11, 2000). 


jlentini on DSKJ8SOYB1PROD with NOTICES
12210 Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Notices 

Reviewing the Docket: To read 

background documents or comments 

received in this matter, go to http:// 

www.regulations.gov at any time or go to 

the Docket Management Facility in 

Room W12–140 on the ground floor of 

the West Building at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Barry Davis by telephone at (540) 422– 

4650 or by electronic mail at 

barry.davis@faa.gov. 

SUPPLEMENTARY INFORMATION: In 

carrying out its functions over aircraft 

flight safety and registration, the FAA 

requires aircraft to display registration 

numbers and requires each person filing 

an instrument flight rules flight plan to 

provide the FAA with information about 

the flight, including the aircraft, pilot, 

departure and landing points, routing, 

time enroute, and the number of persons 

on board. 14 CFR 91.169. The FAA 

incorporates this information (filtered to 

exclude military and sensitive 

operations) into a visual system 

(Aircraft Situation Display) depicting 

each aircraft and uses it to manage air 

traffic flow. 

The FAA has entered into an MOA 

with Direct Subscribers to the ASDI and 

NASSI data-feed. The terms of the MOA 

also extend to Indirect Subscribers that 

access the data from the Direct 

Subscribers and redistribute it to the 

public. The MOA prescribes the rights 

and responsibilities of the Subscribers 

and the FAA. The FAA differentiates 

the data-feed it provides directly into 

two classes of users. For Class One 

users, the FAA provides a near real time 

data-feed, because the data facilitates 

aircraft dispatching flexibility and 

management of user operational 

resources. Class One users include 

airlines (including some corporate flight 

departments and part 135 operators 

with direct responsibility for 

dispatching or tracking aircraft), 

professional aviation organizations with 

established flight-tracking capabilities, 

and government users. For Class Two 

users, the FAA provides a data-feed that 

has been time-delayed by at least five 

minutes to entities without a need for 

near real time positional flight tracking. 

Class Two users gaining direct access to 

recorded (historical) format include 

most general aviation and non-aviationrelated organizations. 

Under 49 U.S.C. 44103, note (Pub. L. 

106–181, Apr. 5, 2000), Congress 

directed the FAA to conform the MOA 

to require that a Direct Subscriber 

demonstrate the capability to selectively 

block the display of any data related to 

any identified aircraft registration 

number and that the Direct Subscriber 

agree to selective blocking upon the 

Administrator’s request. Section 7.2.3 of 

the MOA conforms to that statutory 

requirement. 

Section 9 of the MOA currently 

provides a means to protect the ‘‘Privacy 

and Security Interests’’ of general 

aviation operators. The FAA currently 

agrees to accommodate industry 

initiatives to collect requests from 

aircraft owners or operators to exclude 

their aircraft from ASDI and NASSI 

data-feeds available to the public, either 

in near real time or in recorded 

(historical) format. Under Section 9, the 

FAA accommodates those initiatives for 

purposes of protecting the privacy and 

security interests of those aircraft 

owners. The MOA also requires Direct 

Subscribers and Indirect Subscribers 

(through the agreements signed with 

Direct Subscribers) to respect these 

privacy and security interests when 

developing or marketing ASDI or 

NASSI-based products. Under Section 

15, the FAA has the right to terminate 

the MOA with a Subscriber that does 

not appropriately protect the security or 

privacy interests. 

We have tentatively determined that it 

is in the best interests of the United 

States Government and the general 

public for the FAA to exclude general 

aviation aircraft identification numbers 

from ASDI and NASSI data-feeds 

available to the public only upon 

certification by the aircraft owner or 

operator of a Valid Security Concern (as 

defined below). 

Although the MOA currently provides 

for the accommodation of privacy and 

security interests from general aviation 

aircraft owners and operators upon 

request and requires the Direct and 

Indirect Subscribers to consider and 

respect these interests, as explained in 

Section 9 of the MOA, the Privacy Act 

(5 U.S.C. 552a) does not protect general 

aviation operators from public 

knowledge of their flight information. A 

Federal district court has recently held 

that a list of general aviation aircraft 

registration numbers does not constitute 

a trade secret or commercial or financial 

information under the Freedom of 

Information Act, 5 U.S.C. 552. Nat’l Bus. 

Aviation Ass’n v. Fed. Aviation Admin., 

686 F.Supp.2d 80, 86–87 (D.D.C. 2010). 

Releasing registration numbers 

associated with visual displays of flights 

would not reveal either the identity of 

the passengers on the aircraft or the 

purpose of the flight. Accordingly, we 

do not believe that it is in the public 

interest to withhold from public 

disclosure information that is not 

protected by the Privacy Act and other 

laws. 

We recognize that some general 

aviation aircraft owners or operators 

may have a Valid Security Concern (as 

defined below) regarding their aircraft 

or aircraft passengers and seek to have 

the aircraft registration numbers of their 

aircraft blocked from the public ASDI 

and NASSI data-feeds. To have the FAA 

block a general aviation aircraft 

registration number, an aircraft owner or 

operator must provide the FAA, at least 

annually, a written certification (a 

‘‘Certified Security Concern’’) that: a) the 

facts and circumstances establish a 

Valid Security Concern regarding the 

security of the owner’s or operator’s 

aircraft or aircraft passengers; or b) the 

general aviation aircraft owner or 

operator satisfies the requirements for a 

bona fide business-oriented security 

concern under Treasury Regulation 

1.132–5(m), ‘‘Employer-provided 

transportation for security concerns,’’ 26 

CFR 1.132–5(m). 

A Valid Security Concern is a 

verifiable threat to person, property or 

company, including a threat of death, 

kidnapping or serious bodily harm 

against an individual, a recent history of 

violent terrorist activity in the 

geographic area in which the 

transportation is provided, or a threat 

against a company. As with the 

Treasury Regulations, a generalized 

concern about safety is not enough to 

establish a Valid Security Concern. We 

note that Treasury Regulation 1.132– 

5(m) covers ‘‘working condition fringes’’ 

and provides for the exclusion from 

income of certain employer-provided 

transportation, including ‘‘flights on 

employer’s aircraft for business and 

personal reasons.’’ The Internal Revenue 

Service (IRS) permits the exclusion 

when the flights meet a ‘‘bona fide 

business-oriented security concern’’ that 

requires an employee to travel on a 

company plane for business and 

personal trips. Under the regulation, the 

employer must have a specific basis for 

a security concern and establish that 

concern to the satisfaction of the IRS, 

through an independent security study 

or an overall security program. 

Providing ASDI and NASSI data-feed 

protection to those general aviation 

aircraft owners or operators that have 

bona fide business-oriented security 

concerns under the Treasury 

Regulations is clear, easy to follow, and 

justifiable. 

Direct and Indirect Subscribers would 

be prohibited from distributing in a 

visual display, either in near real time 

or in recorded (historical) format, 

information regarding aircraft for which 

a Certified Security Concern has been 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Notices 12211 

provided to the FAA, and Direct and 

Indirect Subscribers would be 

prohibited from using such information 

in developing or marketing ASDI- or 

NASSI-based products. Under the 

operative statutory provision, 49 U.S.C. 

44103 note, the FAA has the discretion 

to determine whether aircraft 

registration numbers should be blocked, 

and we do not believe that protecting 

aircraft identities from publicly 

available access is always in the best 

interests of the United States 

Government and the general public. 

Accordingly, we seek comment on 

modifying Section 9 of the MOA as 

follows: 

9. Security Interests 

The ASDI and NASSI data includes the 

near real time position and other flight data 

associated with civil instrument flight rules 

(IFR) aircraft. While commercial operators 

conduct business according to a published 

listing of service and schedule, general 

aviation operators do not. It is possible that 

public knowledge of the ASDI and NASSI 

data of certain general aviation operators 

could compromise the security of individuals 

or property. General aviation aircraft 

identification numbers must be excluded 

from public ASDI and NASSI data-feeds in 

the event a general aviation aircraft owner or 

operator provides the FAA, at least annually, 

a written certification (a ‘‘Certified Security 

Concern’’) that a) the facts and circumstances 

establish a Valid Security Concern regarding 

the security of the owner’s or operator’s 

aircraft or aircraft passengers; or b) the 

general aviation aircraft owner or operator 

satisfies the requirements for a bona fide 

business-oriented security concern under 

Treasury Regulation 1.132–5(m), ‘‘Employerprovided transportation for security 

concerns,’’ 26 CFR § 1.132–5(m). A Valid 

Security Concern is a verifiable threat to 

person, property or company, including a 

threat of death, kidnapping or serious bodily 

harm against an individual, a recent history 

of violent terrorist activity in the geographic 

area in which the transportation is provided, 

or a threat against a company. The FAA will 

no longer accommodate any ASDI- or NASSIrelated security or privacy requests, except 

such Certified Security Concerns. All Direct 

Subscribers (as a condition of signing this 

MOA) and Indirect Subscribers (as a 

condition of signing agreements with Direct 

Subscribers) must block any general aviation 

aircraft registration numbers for which 

Certified Security Concerns have been 

provided to the FAA. If the FAA determines 

that any Direct or Indirect Subscriber 

develops or markets products that violate this 

provision, the FAA’s rights under Section 15 

shall apply. 

Issued in Washington, DC, on March 1, 

2011. 

Marc L. Warren, 

Deputy Chief Counsel. 

[FR Doc. 2011–4955 Filed 3–3–11; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Commercial Space Transportation 

Advisory Committee—Public 

Teleconference 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of Commercial Space 

Transportation Advisory Committee 

Teleconference (COMSTAC). 

SUMMARY: Pursuant to Section 10(a)(2) of 

the Federal Advisory Committee Act 

(Pub. L. 92–463, 5 U.S.C. App. 2), notice 

is hereby given of a teleconference of 

the Commercial Space Transportation 

Advisory Committee (COMSTAC). The 

teleconference will take place on 

Thursday, March 17, 2011, starting at 2 

p.m. Eastern Standard Time. Individuals 

who plan to participate should contact 

Susan Lender, DFO, (the Contact Person 

listed below) by phone or e-mail for the 

teleconference call in number. 

The proposed agenda for this 

teleconference is to continue the 

discussion held at the February 15, 

2011, teleconference. This discussion 

looked at the structure of the COMSTAC 

working groups and the organization of 

the COMSTAC meetings themselves. 

The agenda also includes a discussion 

of the agenda for the May COMSTAC 

meeting. 

Interested members of the public may 

submit relevant written statements for 

the COMSTAC members to consider 

under the advisory process. Statements 

may concern the issues and agenda 

items mentioned above or additional 

issues that may be relevant for the U.S. 

commercial space transportation 

industry. Interested parties wishing to 

submit written statements should 

contact Susan Lender, DFO, (the Contact 

Person listed below) in writing (mail or 

e-mail) by March 14, 2011, so that the 

information can be made available to 

COMSTAC members for their review 

and consideration before the March 17, 

2011, teleconference. Written statements 

should be supplied in the following 

formats: one hard copy with original 

signature or one electronic copy via email. 

An agenda will be posted on the FAA 

Web site at http://www.faa.gov/go/ast. 

Individuals who plan to participate 

and need special assistance should 

inform the Contact Person listed below 

in advance of the meeting. 

FOR FURTHER INFORMATION CONTACT: 

Susan Lender (AST–100), Office of 

Commercial Space Transportation 

(AST), 800 Independence Avenue, SW., 

Room 325, Washington, DC 20591, 

telephone (202) 267–8029; E-mail 

susan.lender@faa.gov. Complete 

information regarding COMSTAC is 

available on the FAA Web site at: 

http://www.faa.gov/about/office_org/ 

headquarters_offices/ast/ 

advisory_committee/. 

Issued in Washington, DC, on February 24, 

2011. 

George C. Nield, 

Associate Administrator for Commercial 

Space Transportation. 

[FR Doc. 2011–4587 Filed 3–3–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Government/Industry Aeronautical 

Charting Forum Meeting 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of public meeting. 

SUMMARY: This notice announces the biannual meeting of the Federal Aviation 

Administration (FAA) Aeronautical 

Charting Forum (ACF) to discuss 

informational content and design of 

aeronautical charts and related 

products, as well as instrument flight 

procedures development policy and 

design criteria. 

DATES: The ACF is separated into two 

distinct groups. The Instrument 

Procedures Group (IPG) will meet April 

26, 2011 from 8:30 a.m. to 5 p.m. The 

Charting Group will meet April 27 and 

28, 2011 from 8:30 a.m. to 5 p.m. 

ADDRESSES: The meeting will be hosted 

by Advanced Management Technology, 

Inc. (AMTI), 1515 Wilson Boulevard, 

Arlington, VA 22209. 

FOR FURTHER INFORMATION CONTACT: For 

information relating to the Instrument 

Procedures Group, contact Thomas E. 

Schneider, FAA, Flight Procedures 

Standards Branch, AFS–420, 6500 

South MacArthur Blvd, P.O. Box 25082, 

Oklahoma City, OK 73125; telephone 

(405) 954–5852; fax: (405) 954–2528. 

For information relating to the 

Charting Group, contact John A. Moore, 

FAA, National Aeronautical Navigation 

Products Group (AeroNav Products), 

Regulatory Support and Coordination 

Team, AJV–3B, 1305 East West 

Highway, SSMC4, Station 4643, Silver 

Spring, MD 20910; telephone: (301) 

427–5154, fax: (301) 427–5412. 

SUPPLEMENTARY INFORMATION: Pursuant 

to § 10(a)(2) of the Federal Advisory 

Committee Act (Pub. L. 92–463; 5 U.S.C. 

App. II), notice is hereby given of a 

meeting of the FAA Aeronautical 


jlentini on DSKJ8SOYB1PROD with NOTICES