27814 Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules 

intercompany transactions between the 

foreign banking organization’s U.S. 

domiciled affiliates, branches or 

agencies to the extent such items are not 

already eliminated in consolidation, and 

increase consolidated liabilities by net 

intercompany balances and 

intercompany transactions between a 

non-U.S. domiciled affiliate and a U.S. 

domiciled affiliate, branch, or agency of 

the foreign banking organization, to the 

extent such items are not already 

reflected. 

(ii) Foreign financial company. A 

foreign company that is not a foreign 

banking organization may reduce the 

amount of consolidated liabilities of its 

U.S. operations calculated pursuant to 

this paragraph by amounts 

corresponding to intercompany balances 

and intercompany transactions between 

the foreign banking organization’s U.S. 

domiciled affiliates, branches or 

agencies to the extent such items are not 

already eliminated in consolidation, and 

increase consolidated liabilities by net 

intercompany balances and 

intercompany transactions between a 

non-U.S. domiciled affiliate and a U.S. 

domiciled affiliate, branch, or agency of 

the foreign banking organization, to the 

extent such items are not already 

reflected. 

(e) Applicable accounting standard. If 

a company does not calculate its total 

consolidated assets or liabilities under 

GAAP for any regulatory purpose 

(including compliance with applicable 

securities laws), the company may 

submit a request to the Board that it use 

an accounting standard or method of 

estimation other than GAAP to calculate 

its liabilities for purposes of this part. 

The Board may, in its discretion and 

subject to Board review and adjustment, 

permit the company to provide 

estimated total consolidated liabilities 

on an annual basis using this accounting 

standard or method of estimation. 

§ 251.4 Exceptions to the concentration 

limit. 

(a) With the prior written consent of 

the Board, the concentration limit under 

§ 251.3 shall not apply to: 

(1) An acquisition of an insured 

depository institution in default or in 

danger of default, as determined by the 

appropriate Federal banking agency of 

the insured depository institution, in 

consultation with the Board; 

(2) An acquisition with respect to 

which assistance is provided by the 

Federal Deposit Insurance Corporation 

under section 13(c) of the Federal 

Deposit Insurance Act (12 U.S.C. 

1823(c)); or 

(3) An acquisition that would result in 

an increase in the liabilities of the 

financial company that does not exceed 

$2 billion, when aggregated with all 

other acquisitions by the financial 

company made pursuant to this 

paragraph (a)(3) during the twelve 

months preceding the date of the 

acquisition. 

(b) [Reserved] 

§ 251.5 No evasion. 

No financial company may organize 

or operate its business or structure any 

acquisition of or merger or 

consolidation with another company in 

such a manner that results in evasion of 

the concentration limit established by 

section 14 of the Bank Holding 

Company Act or this part. 

§ 251.6 Reporting requirements. 

(a) Reporting of liabilities by financial 

companies that do not file regulatory 

reports. (1) General. By March 31 of 

each year: 

(i) A U.S. financial company (other 

than a U.S. financial company that is 

required to file the Bank Consolidated 

Reports of Condition and Income (Call 

Report), the Consolidated Financial 

Statements for Holding Companies (FR 

Y–9C), the Parent Company Only 

Financial Statements for Small Holding 

Companies (FR Y–9SP), or the Parent 

Company Only Financial Statements for 

Large Holding Companies (FR Y–9LP), 

or is required to report consolidated 

total liabilities on the Quarterly Savings 

and Loan Holding Company Report (FR 

2320)) must report to the Board its 

consolidated liabilities as of the 

previous calendar year-end calculated 

pursuant to § 251.3(c); and 

(ii) A foreign financial company 

(other than a foreign financial company 

that is required to file a FR Y–7) must 

report to the Board its U.S. liabilities as 

of the previous calendar year-end 

calculated pursuant to § 251.3(d). 

(2) Initial reporting period. For 

purposes of the report due March 31, 

2015, a U.S. financial company and a 

foreign financial company subject to 

paragraph (a)(1) of this section must 

report to the Board its consolidated or 

U.S. liabilities, respectively, as of 

December 31, 2013 and December 31, 

2014. 

(b) Prior notification of covered 

acquisitions by financial companies that 

are not otherwise required to obtain 

prior approval or prior notice. (1) A 

financial company must provide written 

notification to the Board no later than 

the earlier of 60 days before 

consummating a covered acquisition 

with a company and 10 days after 

execution of the agreement specifying 

the terms of the covered acquisition if: 

(i) The consolidated liabilities of the 

resulting financial company would 

exceed 8 percent of the financial sector 

liabilities; 

(ii) The acquisition would increase 

the liabilities of the financial company 

by more than $2 billion, when 

aggregated with all other covered 

acquisitions by the financial company 

during the twelve months preceding the 

date of the acquisition; and 

(iii) The financial company is not 

otherwise required to obtain prior 

approval of or provide prior notice to 

the Board. 

(2) The written notification must 

include a description of the proposed 

covered acquisition, estimates of the pro 

forma assets and liabilities of the 

resulting company upon consummation 

of the transaction, calculated pursuant 

to § 251.3, and any other information 

that the Board determines would be 

appropriate. 

By order of the Board of Governors of the 

Federal Reserve System, May 8, 2014. 

Robert deV. Frierson, 

Secretary of the Board. 

[FR Doc. 2014–10956 Filed 5–14–14; 8:45 am] 

BILLING CODE 6210–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2014–0251; Directorate 

Identifier 2013–NM–179–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for all 

Airbus Model A330–200 Freighter, 

A330–200, A330–300, A340–200, –300, 

–500, and –600 series airplanes. This 

proposed AD was prompted by a 

determination that the service life limits 

of the cabin pressure control system 

(CPCS) safety valves installed on the aft 

pressure bulkhead were being exceeded. 

This proposed AD would require 

repetitive replacement of the CPCS 

safety valves with serviceable valves. 

We are proposing this AD to prevent 

exceeding the service life limits of the 

CPCS safety valves, which, in the event 

of a failure, could result in excessive 

positive or negative differential pressure 

in the fuselage and consequent 


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Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules 27815 

incapacitation or injuries to airplane 

occupants. 

DATES: We must receive comments on 

this proposed AD by June 30, 2014. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Airbus SAS, 

Airworthiness Office—EAL, 1 Rond 

Point Maurice Bellonte, 31707 Blagnac 

Cedex, France; telephone +33 5 61 93 36 

96; fax +33 5 61 93 45 80; email 

airworthiness.A330–A340@airbus.com; 

Internet http://www.airbus.com. You 

may view this service information at the 

FAA, Transport Airplane Directorate, 

1601 Lind Avenue SW., Renton, WA. 

For information on the availability of 

this material at the FAA, call 425–227– 

1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2014– 

0251; or in person at the Docket 

Management Facility between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, 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. 

FOR FURTHER INFORMATION CONTACT: 

Vladimir Ulyanov, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, WA 

98057–3356; telephone 425–227–1138; 

fax 425–227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2014–0251; Directorate Identifier 

2013–NM–179–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on those comments. 

We will post all comments we 

receive, without change, to http://

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2013–0201, 

dated September 4, 2013 (referred to 

after this as the Mandatory Continuing 

Airworthiness Information, or ‘‘the 

MCAI’’), to correct an unsafe condition 

for the specified products. The MCAI 

states: 

Investigation results on the Cabin Pressure 

Control System (CPCS) safety valve 

demonstrate that this part is subject to 

repetitive restoration every 50,000 flight 

hours (FH) or 12 years, but this airworthiness 

instruction is not yet reflected in the 

instructions for continuing airworthiness. 

Moreover, this safety valve, part of the CPCS, 

is not failure monitored. 

In order to maintain the required safety 

objectives, the CPCS safety valves must be 

replaced by a serviceable part no later than 

the above values. 

For the reasons describe above, this 

[EASA] AD requires repetitive replacement of 

CPCS safety valves. 

Exceeding the service life limits of the 

CPCS safety valve, in the event of a 

failure, could result in excessive 

positive or negative differential pressure 

in the fuselage, and consequent 

incapacitation or injuries to airplane 

occupants. 

You may examine the MCAI in the 

AD docket on the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2014– 

0251. 

Relevant Service Information 

Airbus has issued the following 

service information: 

• Mandatory Service Bulletin A330– 

21–3154, Revision 01, dated April 10, 

2013. 

• Mandatory Service Bulletin A340– 

21–4150, Revision 01, dated April 10, 

2013. 

• Mandatory Service Bulletin A340– 

21–5044, Revision 01, dated April 10, 

2013. 

• Task 21–31.00/09, Remove Safety 

Valve for Restoration, of Section C–21, 

Air Conditioning, of Section C, Systems 

and Power-plant Section of the A330 

Maintenance Review Board Report, 

Revision 14, dated June 2013. 

• Task 21–31.00/09, Remove Safety 

Valve for Restoration, of Section C–21, 

Air Conditioning, of Section C, Systems 

and Power-plant Section of the A340 

Maintenance Review Board Report, 

Revision 14, dated June 2013. 

The actions described in this service 

information are intended to correct the 

unsafe condition identified in the 

MCAI. 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Costs of Compliance 

We estimate that this proposed AD 

affects 77 airplanes of U.S. registry. 

We also estimate that it would take 

about 25 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Required 

parts would cost about $9,784 per 

product. Based on these figures, we 

estimate the cost of this proposed AD on 

U.S. operators to be $916,993, or 

$11,909 per product, per replacement 

cycle. 

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 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
27816 Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules 

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 proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would 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 proposed regulation: 

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); 

3. Will not affect intrastate aviation in 

Alaska; and 

4. 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. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

Airbus: Docket No. FAA–2014–0251; 

Directorate Identifier 2013–NM–179–AD. 

(a) Comments Due Date 

We must receive comments by June 30, 

2014. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Airbus Model A330– 

201, –202, –203, –223, –223F, –243, –243F, 

–301, –302, –303, –321, –322, –323, –341, 

–342, and –343 airplanes; Model A340–211, 

–212, –213, –311, –312, –313 airplanes; and 

Model A340–541 and –642 airplanes; 

certificated in any category; all manufacturer 

serial numbers. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 21, Air conditioning. 

(e) Reason 

This AD was prompted by a determination 

that the service life limits of the cabin 

pressure control system (CPCS) safety valves 

installed on the aft pressure bulkhead were 

being exceeded. We are issuing this AD to 

prevent exceeding the service life limits of 

the CPCS safety valve, which, in the event of 

a failure, could result in excessive positive or 

negative differential pressure in the fuselage, 

and consequent incapacitation or injuries to 

airplane occupants. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Replacement of CPCS Safety Valves 

(1) For airplanes on which the total 

number of flight hours accumulated on the 

CPCS safety valves are known: Replace the 

CPCS safety valve with a serviceable valve at 

the later of the times specified in paragraph 

(g)(1)(i) or (g)(1)(ii) of this AD. Replace the 

valve in accordance with the 

Accomplishment Instructions of the 

applicable service information identified in 

paragraph (g)(3)(i), (g)(3)(ii), or (g)(3)(iii) of 

this AD. Repeat the replacement at intervals 

not to exceed 50,000 flight hours or 12 years 

accumulated on the CPCS safety valve, 

whichever occurs first. 

(i) Before the safety valve accumulates 

50,000 total flight hours or 12 years since 

first installation or since the last restoration, 

as applicable, whichever occurs first. 

(ii) Within 26 months after the effective 

date of this AD. 

(2) For airplanes on which the total 

number of flight hours accumulated on the 

CPCS safety valve are unknown: Replace the 

CPCS safety valve with a serviceable valve 

within 26 months after the effective date of 

this AD, in accordance with the 

Accomplishment Instructions of the 

applicable service information identified in 

paragraph (g)(3)(i), (g)(3)(ii), or (g)(3)(iii) of 

this AD. Repeat the replacement at intervals 

not to exceed 50,000 flight hours or 12 years 

accumulated on the CPCS safety valve, 

whichever occurs first. 

(3) Use the applicable service information 

identified in paragraph (g)(3)(i), (g)(3)(ii), or 

(g)(3)(iii) of this AD to accomplish the 

specified actions in paragraph (g) of this AD. 

(i) Airbus Mandatory Service Bulletin 

A330–21–3154, Revision 01, dated April 10, 

2013 (for Model A330–200 Freighter, A330– 

200 and –300 series airplanes). 

(ii) Airbus Mandatory Service Bulletin 

A340–21–4150, Revision 01, dated April 10, 

2013 (for Model A340–200 and –300 series 

airplanes). 

(iii) Airbus Mandatory Service Bulletin 

A340–21–5044, Revision 01, dated April 10, 

2013 (for Model A340–500 and –600 series 

airplanes). 

(h) Definition of Serviceable Valves 

For the purposes of this AD, a serviceable 

CPCS safety valve is a safety valve which has 

not exceeded the following service life limits, 

as applicable: 12 years since its 

manufacturing date, or 50,000 total flight 

hours since first installation on an airplane, 

whichever occurs first; or 12 years since its 

last restoration, or 50,000 total flight hours 

since its last restoration, whichever occurs 

first. 

(i) Optional Method of Compliance 

Accomplishment of Task 21.31.00/09, 

Remove Safety Valve for Restoration, of 

Section C–21, Air Conditioning, of Section C, 

Systems and Power-plant Section of the 

Airbus A330 Maintenance Review Board 

Report, Revision 14, dated June 2013; or 

Airbus A340 Maintenance Review Board 

Report, Revision 14, dated June 2013; as 

applicable; constitutes compliance with any 

replacement required by paragraph (g) of this 

AD. 

(j) Credit for Previous Actions 

This paragraph provides credit for actions 

required by paragraphs (g)(1) and (g)(2) of 

this AD, if those actions were performed 

before the effective date of this AD using the 

service information identified in paragraphs 

(j)(1), (j)(2), and (j)(3) of this AD, which are 

not incorporated by reference in this AD. 

(1) Airbus Mandatory Service Bulletin 

A330–21–3154, dated November 17, 2011. 

(2) Airbus Mandatory Service Bulletin 

A340–21–4150, dated November 17, 2011. 

(3) Airbus Mandatory Service Bulletin 

A340–21–5044, dated November 17, 2011. 

(k) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the International Branch, send it to ATTN: 

Vladimir Ulyanov, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, WA 98057–3356; 

telephone 425–227–1138; fax 425–227–1149. 

Information may be emailed to: 9-ANM-116- 

AMOC-REQUESTS@faa.gov. 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, use these actions if they are 

FAA-approved. Corrective actions are 

considered FAA-approved if they were 

approved by the State of Design Authority (or 

its delegated agent, or the DAH with a State 

of Design Authority’s design organization 

approval). For a repair method to be 

approved, the repair approval must 


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Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules 27817 

specifically refer to this AD. You are required 

to ensure the product is airworthy before it 

is returned to service. 

(l) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) European 

Aviation Safety Agency (EASA) 

Airworthiness Directive 2013–0201, dated 

September 4, 2013, for related information. 

This MCAI may be found in the AD docket 

on the Internet at http://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2014–0251. 

(2) For service information identified in 

this AD, contact Airbus SAS, Airworthiness 

Office—EAL, 1 Rond Point Maurice Bellonte, 

31707 Blagnac Cedex, France; telephone +33 

5 61 93 36 96; fax +33 5 61 93 45 80; email 

airworthiness.A330-A340@airbus.com; 

Internet http://www.airbus.com. You may 

view this service information at the FAA, 

Transport Airplane Directorate, 1601 Lind 

Avenue SW., Renton, WA. For information 

on the availability of this material at the 

FAA, call 425–227–1221. 

Issued in Renton, Washington, on April 14, 

2014. 

Jeffrey E. Duven, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2014–11187 Filed 5–14–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 193 

[Docket No. FAA–2013–0375] 

Technical Operations Safety Action 

Program (T–SAP) and Air Traffic Safety 

Action Program (ATSAP) 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of order designating 

safety information as protected from 

disclosure; disposition of comments. 

SUMMARY: This action affirms the policy 

and responds to comments received in 

response to the Notice published on July 

19, 2013 (78 FR 43091) regarding the 

application of our regulations, 

Technical Operations Safety Action 

Program (T–SAP) and Air Traffic Safety 

Action Program (ATSAP). The Notice 

proposed that safety information 

provided to the FAA under the T–SAP 

and ATSAP programs be designated by 

an FAA Order as protected from public 

disclosure in accordance with the 

provisions of our regulations, Protection 

of Voluntarily Submitted Information. 

The designation is intended to 

encourage persons to voluntarily 

provide information to the FAA under 

the T–SAP and ATSAP, so the FAA can 

learn about and address aviation safety 

hazards and implement, as appropriate, 

corrective measures for events or safety 

issues. 

DATES: This action becomes effective 

May 15, 2014. 

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) 385–4571, 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 (FOIA) (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. 

The designation of protected 

information is intended to encourage 

persons to voluntarily provide 

information to the FAA under the T– 

SAP and ATSAP, 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 designation is applicable to any 

FAA office that receives information 

covered under this designation from T– 

SAP, established in Notice JO 7210.807, 

and which will be incorporated in FAA 

Order JO 7200.20, Voluntary Safety 

Reporting Programs, or the ATSAP 

described in FAA Order JO 7200.20. The 

designation will also apply to any other 

government agency to receive T–SAP or 

ATSAP information covered under the 

designation from the FAA, and each 

such agency must first stipulate in 

writing that it will abide by the 

provisions of part 193 and the Order 

designating T–SAP and ATSAP as 

protected from public disclosure under 

14 CFR part 193. 

Except for T–SAP or ATSAP reports 

that involve possible criminal conduct, 

substance abuse, controlled substances, 

alcohol, or intentional falsification, the 

following information will 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 T–SAP or ATSAP 

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, Notices or 

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 

FAA Orders, Notices and guidance 

without requiring a change to this 

designation. 

(2) Any evidence gathered by the 

Event Review Committee during its 

investigation of a safety-related or 

security-related event reported under T– 

SAP or ATSAP, including the T–SAP or 

ATSAP investigative file. 

T–SAP or ATSAP participants register 

for, and submit a report into, the 

electronic reporting system. These 

programs continue as long as provided 

for by Order, Notice, policy or a 

collective bargaining agreement. 

On July 19, 2013, the FAA issued a 

notice (78 FR 43091), Notice of 

Proposed Order Designating Safety 

Information as Protected from 

Disclosure (hereinafter, the ‘‘notice’’). 

The notice sought comment on the 

FAA’s intent to designate information 

voluntarily received under T–SAP or 

ATSAP as protected from public 

disclosure in accordance with the 

provisions of 14 CFR part 193. 

Discussion of Comments 

Three commenters submitted 

comments in response to docket 

number—FAA 2013–0375. The 

occupations and/or any group 

affiliations of the commenters were not 

stated. The commenters all opposed this 

action, and raised the following issues: 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS