7968 Federal Register / Vol. 87, No. 29 / Friday, February 11, 2022 / Proposed Rules 

1See FAA Order 8000.82 at 68 FR 54767 

(September 18, 2003). 

following paragraphs III.B.1. through 

III.B.4.(b) of the Accomplishment 

Instructions in DHC–6 SB 6–511, Revision A. 

This AD requires that you do a fluorescent 

penetrant inspection as the type of required 

dye penetrant inspection. If a crack is found 

in the elevator quadrant support bracket, 

before further flight, replace with a 

serviceable part by following paragraphs 

III.B.5 through III.B.12 of the 

Accomplishment Instructions in DHC–6 SB 

6–511, Revision A. 

(h) Credit for Previous Actions 

(1) For Model DHC–6–1, DHC–6–100, 

DHC–6–200, and DHC–6–300 airplanes: This 

paragraph provides credit for the inspection 

required by paragraph (g)(1) of this AD if you 

performed the inspection before the effective 

date of this AD using paragraph (a)(1) of AD 

89–24–06 R1. 

(2) For Model DHC–6–1, DHC–6–100, 

DHC–6–200, and DHC–6–300 airplanes: This 

paragraph provides credit for the fluorescent 

penetrant inspection and subsequent 

replacement of the elevator quadrant support 

bracket due to a crack found from the 

fluorescent penetrant inspection required by 

paragraph (g)(2) of this AD if performed 

before the effective date of this AD using 

paragraphs (a)(3) and (4) of AD 89–24–06 R1. 

(i) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, New York ACO Branch, 

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 manager of the 

certification office, send it to the attention of 

the person identified in paragraph (j)(1) of 

this AD. 

(2) 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. 

(j) Related Information 

(1) For more information about this AD, 

contact Darren Gassetto, Aviation Safety 

Engineer, FAA, New York ACO Branch, 1600 

Stewart Avenue, Suite 410, Westbury, NY 

11590; phone: (516) 228–7323; email: 9-avsnyaco-cos@faa.gov. 

(2) Refer to Transport Canada AD Number 

CF–1972–06R5, dated June 22, 2018, for more 

information. You may examine the Transport 

Canada AD in the AD docket at https://

www.regulations.gov by searching for and 

locating Docket No. FAA–2022–0099. 

(3) For service information identified in 

this AD, contact Viking Air Ltd., 1959 de 

Havilland Way, Sidney British Columbia, 

Canada V8L 5V5; phone: (800) 663–8444; 

email: continuing.airworthiness@

vikingair.com; website: https://

www.vikingair.com. You may view this 

service information at the FAA, 

Airworthiness Products Section, Operational 

Safety Branch, 901 Locust, Kansas City, MO 

64106. For information on the availability of 

this material at the FAA, call (817) 222–5110. 

Dated: Issued on February 4, 2022. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2022–02888 Filed 2–10–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 193 

[Docket No. FAA–2002–13236] 

Aviation Safety Action Program 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: The FAA is proposing to 

amend Order 8000.82 that designates 

information provided to the agency from 

a voluntary Aviation Safety Action 

Program (ASAP) as protected from 

public disclosure in accordance with 

the provisions of the FAA regulations 

related to the protection of voluntarily 

submitted information. The FAA is 

required to protect the information from 

disclosure to the public, including 

disclosure under the Freedom of 

Information Act (FOIA) or other laws, 

following issuance of such order. The 

proposed designation would apply to air 

carriers, repair stations, or other entities 

who have an FAA-accepted ASAP, and 

their covered employees. The intent of 

this action is to encourage participation 

in the ASAP. 

DATES: Comments must be received on 

or before March 14, 2022. 

ADDRESSES: Send comments identified 

by Docket Number FAA–2002–13236 

using any of the following methods: 

You may send comments identified 

by docket number FAA–2002–13236 

using any of the following methods: 

• Federal eRulemaking Portal: Go to 

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

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation (DOT), Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE, Washington, DC 

20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

• Privacy: DOT posts these 

comments, without edit, including any 

personal information the commenter 

provides, to www.regulations.gov, as 

described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at www.dot.gov/privacy. 

• Docket: Background documents or 

comments received may be read at 

https://www.regulations.gov at any time. 

Follow the online instructions for 

accessing the docket or go to the Docket 

Operations 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. 

FOR FURTHER INFORMATION CONTACT: 

Randy McDonald, Flight Standards, Air 

Transportation Division, Air Carrier 

Training and Voluntary Safety Programs 

Branch, Federal Aviation 

Administration by email at: 

randy.mcdonald@faa.gov; phone: 202– 

267–8166. 

SUPPLEMENTARY INFORMATION: 

I. Overview of ASAP 

On September 3, 2003, the Federal 

Aviation Administration (FAA) issued 

Order 8000.82, which designated 

information voluntarily provided under 

the Aviation Safety Action Program 

(ASAP), described in FAA Advisory 

Circular 120–66B, as protected from 

public disclosure.1 This includes 

disclosure under FOIA (5 U.S.C. 552) or 

other laws. The designation intended to 

encourage participation in the ASAP by 

air carriers that operated under 14 CFR 

part 121 and domestic repair stations 

certificated under 14 CFR part 145 that 

have an FAA-accepted ASAP and their 

covered employees. 

The FAA is proposing to issue Order 

8000.82A, which amends and expands 

Order 8000.82, by designating as 

protected from public disclosure 

information submitted to the agency by 

a larger group of entities (‘‘eligible 

entities’’ as defined in AC 120–66C, 

Aviation Safety Action Program). The 

information voluntarily submitted by 

the eligible entities, as described below, 

would be protected from public 

disclosure in accordance with the 

provisions of part 193. In accordance 

with § 193.11(d), the FAA is publishing 

this proposed amended designation in 

the Federal Register as a notice and 

requesting comments. 

II. Background 

Under 49 U.S.C. 40123, certain 

voluntarily provided safety and security 

information is protected from disclosure 

to encourage persons to provide the 

information to the FAA. The FAA must 

issue an order making certain findings 

before the information is protected from 


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Federal Register / Vol. 87, No. 29 / Friday, February 11, 2022 / Proposed Rules 7969 

disclosure. Part 193 describes the notice 

procedure for the FAA to designate 

information as protected. If the 

Administrator issues an order 

designating information as protected 

under 49 U.S.C. 40123, that information 

will be exempt from public disclosure 

under FOIA exemption 3. Such 

information will not be disclosed under 

FOIA, or other laws except as provided 

in 49 U.S.C. 40123, 14 CFR part 193, 

and the order designating the 

information as protected. 

III. Summary of the ASAP Voluntary 

Information Sharing Program 

A. Who may participate? Under AC 

120–66C, air carriers, repair stations, 

and other entities (collectively referred 

to as ‘‘eligible entities’’) who have an 

FAA-approved ASAP, and their covered 

employees, may participate in ASAP. 

The proposed amended designation, i.e., 

Order 8000.82A, covers the expansion 

of ASAP to such eligible entities. In 

contrast, the prior AC 120–66B and the 

original designation, i.e., Order 8000.82, 

were only intended to apply to air 

carriers that operated under 14 CFR part 

121 and for domestic repair stations 

certificated under 14 CFR part 145 that 

have an FAA-accepted ASAP and their 

covered employees. 

B. What voluntarily provided 

information would be protected from 

disclosure under this proposed 

amended designation? The type of 

information to be protected in proposed 

Order 8000.82A remains the same as in 

Order 8000.82. 

The following information would be 

protected from disclosure when 

provided in a report to the FAA that 

meets the acceptance criteria under the 

ASAP Program: 

(1) The employee’s ASAP report, and 

the content of that report. 

(2) The identity of the eligible entity 

associated with an accepted ASAP 

report. 

(3) The name of the employee who 

submits an accepted ASAP report(s). 

(4) The information from sources 

other than the FAA of an Event Review 

Committee (ERC) investigation 

concerning an accepted ASAP report. 

(5) Evidence and other information 

gathered during an ERC investigation by 

persons other than the FAA. 

(6) Statistical analysis and trend 

information provided by the eligible 

entity that is based on events reported 

under a particular eligible entity’s 

ASAP. 

(7) An eligible entity’s database of 

reports and events collected over time 

from that eligible entity’s ASAP. 

(8) Corrective action on sole source 

reports when such corrective action is 

successfully completed. 

In accordance with Section 320 of the 

FAA Reauthorization Act of 2018, 

Public Law 115–254, 132 Stat. 3270 

(Oct. 5, 2018), ASAP reports that are 

excluded do not receive protection 

under 49 U.S.C. 40123. 

C. How do you participate? Eligible 

entities, as described in this proposed 

amendment, participate by executing an 

ASAP memorandum of understanding 

(MOU) with the FAA and by voluntarily 

sharing information from the ASAP 

with the FAA. 

D. What is the duration of this 

information-sharing program? This 

information-sharing program continues 

for a given eligible entity until the 

associated ASAP MOU is terminated by 

any of the parties to the MOU. 

IV. Proposed Findings 

The FAA proposes to designate 

information in an accepted ASAP report 

received from an eligible entity under 

its FAA-approved ASAP program in 

accordance with this amendment as 

protected under 49 U.S.C. 40123 and 14 

CFR 193.7. The FAA proposes this 

designation based on the following 

findings made under 14 CFR 193.11(c). 

A. Summary of why the FAA finds 

that the information will be provided 

voluntarily. 

The protection that resulted from 

Order 8000.82 alleviated concerns of 

ASAP-holding entities that disclosure of 

voluntarily submitted information could 

result in its use for other than the safety 

enhancement purposes for which the 

ASAP was created. Further, under 

ASAP, the FAA takes no action against 

an individual who submits a report that 

is accepted (and not subsequently 

excluded). The history of protection 

under ASAP and the enforcementrelated incentive encourage voluntary 

submission of the information. 

Therefore, the FAA finds that eligible 

entities will voluntarily provide ASAP 

information to the FAA. Additionally, 

since the implementation of the original 

part 193 ASAP program, the FAA has 

seen an increase in the sharing of ASAP 

information with the FAA beyond the 

FAA ERC representative by those 

originally covered under the program, 

and expects a similar increase as the 

program is expanded to other entities. 

B. Description of the type of 

information that may be voluntarily 

provided under the amended program 

and a summary of why the FAA finds 

that the information is safety- or 

security-related. 

The FAA expects the eligible entities 

covered under the proposed designation 

will share the same type of information 

as entities covered under Order 8000.82. 

An ASAP is created specifically to 

provide a means for employees to report 

safety-related events. All individual 

ASAP reports are clearly labeled as such 

and must be signed by each employee 

seeking the enforcement incentives 

available under an ASAP. Two types of 

reports are ordinarily submitted under 

the ASAP: (1) Safety-related reports that 

appear to involve one or more violations 

of the regulations (e.g., deviating from 

an Air Traffic Control (ATC)-assigned 

altitude); and (2) reports that identify a 

general safety concern, but do not 

appear to involve a violation of the 

regulations (e.g., flight crewmember 

concerns that the design of a flight 

checklist could lead to an error). 

Each ASAP report must contain 

sufficiently detailed information about a 

safety event so that it can be evaluated 

by a third party. If the report is 

submitted by a flight crewmember, and 

the safety event involves a deviation 

from an ATC clearance, the ASAP report 

would include the date, time, place, 

altitude, flight number, and ATC 

frequency, along with a description of 

the safety-related event. The only types 

of reports that are expected to be 

submitted under an ASAP are those that 

are safety- or security-related. 

C. Summary of why the FAA finds 

that the disclosure of the information 

would inhibit persons from voluntarily 

providing that type of information. 

Eligible entities and their employees 

are reluctant to share sensitive safety 

information with the FAA, including 

employee self-reports of alleged 

violations, if such submissions might be 

subject to public disclosure. Among 

other reasons, entities are concerned 

that the disclosure of voluntarily 

provided information to the public 

could be incomplete, unreliable, and 

sensitive. As a result, entities are 

concerned that disclosure of such 

information could unduly and adversely 

affect competitive advantage and public 

perception, and would be used for other 

than the safety enhancement purposes 

for which the ASAP was created. 

Individuals are concerned that 

disclosure of their reports would 

adversely affect their privacy interests. 

D. Summary of why the receipt of that 

type of information aids in fulfilling the 

FAA’s safety and security 

responsibilities. 

The FAA finds that receipt of ASAP 

information aids in fulfilling the FAA’s 

safety and security responsibilities 

because of its capacity to provide early 

identification of needed safety 

improvements. An ASAP offers 

significant potential for incident and 


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7970 Federal Register / Vol. 87, No. 29 / Friday, February 11, 2022 / Proposed Rules 

accident avoidance. FAA experience has 

clearly established that an ASAP can 

produce safety-related data that is not 

available from any other source. For 

example, ASAP reports concerning 

altitude deviations have identified 

common causal factors that produce 

such incidents. Receipt of this 

previously unavailable information has 

provided the FAA with an improved 

basis for modifying procedures, policies, 

and regulations in order to improve 

safety and efficiency. 

E. Summary of why withholding such 

information from disclosure would be 

consistent with the FAA’s safety and 

security responsibilities, including a 

statement as to the circumstances under 

which, and a summary of why, 

withholding such information from 

disclosure would not be consistent with 

the FAA’s safety and security 

responsibilities, as described in 14 CFR 

193.9. 

Withholding ASAP information from 

disclosure is consistent with the FAA’s 

safety and security responsibilities 

because, unless the FAA can provide 

assurance that it will not be disclosed, 

the FAA will likely not receive the 

information. If the FAA does not receive 

the information, the FAA will be 

hampered in efforts to understand 

safety-related issues within an eligible 

entity’s operational environment and 

ensure safety improvements that receipt 

of the information otherwise enables. 

The FAA may disclose information 

submitted to the agency that is 

designated as protected under part 193 

when withholding it would not be 

consistent with the FAA’s safety and 

security responsibilities under the 

circumstances described in 14 CFR 

193.9(a)(1)–(4). For example, to explain 

the need for changes in FAA policies, 

procedures, and regulations, the FAA 

may disclose de-identified (i.e., no 

eligible entity or employee identity) and 

summarized information that has been 

derived from ASAP information or 

extracted from reports under ASAP. The 

FAA may disclose de-identified or 

summarized ASAP information that 

identifies a systemic problem in the 

aviation system when other people need 

to be advised of the problem in order to 

take corrective action. 

F. Summary of how the FAA will 

distinguish information protected under 

part 193 from information the FAA 

receives from other sources. 

The process for distinguishing 

information from the eligible entities as 

protected will remain unchanged. All 

employee ASAP reports are clearly 

labeled as such. A single report must be 

signed by all employees seeking the 

enforcement incentives available under 

an ASAP for the event. Any such 

employee must submit a separate signed 

report. 

Any other information received by the 

FAA from the eligible entity concerning 

the content of ASAP reports (such as 

statistical analyses, program review 

reports, and trend information), must be 

clearly labeled as follows in order to be 

protected under this designation: 

WARNING: The information in this 

document may be protected from 

disclosure under 49 U.S.C., section 

40123 and 14 CFR part 193. 

G. Proposed Designation. 

Accordingly, the FAA hereby 

proposes to designate the previously 

described information to be protected 

from disclosure in accordance with 49 

U.S.C. 40123 and 14 CFR part 193, 

when submitted pursuant to an 

approved ASAP program. 

V. Comments Invited 

The FAA invites interested persons to 

comment on the proposed amended 

designation by submitting written 

comments, data, views. The Agency also 

invites comments relating to the 

economic, environmental, energy, or 

federalism, impacts that might result 

from adopting the proposal in this 

notice. 

The FAA will file in the docket all 

comments it receives, as well as a report 

summarizing each substantive public 

contact with FAA personnel concerning 

this proposed designation. Before taking 

action on this proposed designation, the 

FAA will consider all comments it 

receives on or before the closing date for 

comments. The FAA will consider 

comments filed after the comment 

period has closed if it is possible to do 

so without incurring expense or delay. 

The Agency may change this proposal 

in light of the comments it receives. 

VI. Availability of Proposed 

Designation 

An electronic copy of the proposed 

designation may be obtained from the 

internet by— 

1. Searching the Federal eRulemaking 

Portal (https://www.regulations.gov); 

2. Visiting the FAA’s Regulations and 

Policies web page at https://

www.faa.gov/regulations_policies; or 

3. Accessing the Government 

Publishing Office’s web page at https:// 

www.govinfo.gov. 

Issued in Washington, DC. 

Robert C. Carty, 

Acting Executive Director, Flight Standards 

Service. 

[FR Doc. 2022–02726 Filed 2–10–22; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2021–0062; FRL–9504–01– 

R4] 

Air Plan Approval; NC; Great Smoky 

Mountains National Park, RaleighDurham-Chapel Hill and Rocky Mount 

Areas Limited Maintenance Plans for 

the 1997 8-Hour Ozone NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

state implementation plan (SIP) 

revisions submitted by the State of 

North Carolina, through the North 

Carolina Department of Environment 

and Natural Resources, Division of Air 

Quality (NCDAQ), in a letter dated 

September 22, 2020. The SIP revisions 

include the 1997 8-hour ozone national 

ambient air quality standards (NAAQS) 

Limited Maintenance Plans (LMPs) for 

the Great Smoky Mountains National 

Park (GSMNP), Raleigh-Durham-Chapel 

Hill (Triangle) and Rocky Mount, North 

Carolina Areas (collectively, ‘‘Areas’’). 

EPA is proposing to approve the LMPs 

for the Areas because each LMP 

provides for the maintenance of the 

1997 8-hour ozone NAAQS within each 

of the Areas through the end of the 

second 10-year portion of the 

maintenance period. The effect of this 

action would be to make certain 

commitments related to maintenance of 

the 1997 8-hour ozone NAAQS in the 

Areas federally-enforceable as part of 

the North Carolina SIP. 

DATES: Written comments must be 

received at the address below on or 

before March 14, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2021–0062 at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. EPA will generally 

not consider comments or comment 

contents located outside of the primary 


lotter on DSK11XQN23PROD with PROPOSALS1