This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

7965 

Vol. 87, No. 29 

Friday, February 11, 2022 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2022–0099; Project 

Identifier 2019–CE–019–AD] 

RIN 2120–AA64 

Airworthiness Directives; Viking Air 

Limited (Type Certificate Previously 

Held by Bombardier Inc. and de 

Havilland, Inc.) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede Airworthiness Directive (AD) 

AD 89–24–06 R1, which applies to all 

Boeing of Canada, Ltd. and de Havilland 

(now Viking Air Limited) Model DHC– 

6–1, DHC–6–100, DHC–6–200, and 

DHC–6–300 airplanes. This AD requires 

repetitively inspecting the elevator 

quadrant for damage and taking 

corrective action as necessary. Since the 

FAA issued AD 89–24–06 R1, the 

aviation authority for Canada revised its 

mandatory continuing airworthiness 

information (MCAI) to correct this 

unsafe condition on these products. The 

MCAI identifies the unsafe condition as 

damage to the flight control system. 

This proposed AD would retain the 

actions of AD 89–24–06 R1, extend the 

compliance time intervals for the 

repetitive inspections, add the Model 

DHC–6–400 airplane to the 

applicability, and add a fluorescent 

penetrant inspection requirement. The 

FAA is proposing this AD to address the 

unsafe condition on these products. 

DATES: The FAA must receive comments 

on this proposed AD by March 28, 2022. 

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 

https://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: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this NPRM, 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. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2022–0099; or in person at Docket 

Operations between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The AD docket contains this 

NPRM, the MCAI, any comments 

received, and other information. The 

street address for Docket Operations is 

listed above. 

FOR FURTHER INFORMATION 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-avs-nyaco-cos@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this proposal. Send 

your comments to an address listed 

under ADDRESSES. Include ‘‘Docket No. 

FAA–2022–0099; Project Identifier 

2019–CE–019–AD’’ at the beginning of 

your comments. The most helpful 

comments reference a specific portion of 

the proposal, explain the reason for any 

recommended change, and include 

supporting data. The FAA will consider 

all comments received by the closing 

date and may amend the proposal 

because of those comments. 

Except for Confidential Business 

Information (CBI) as described in the 

following paragraph, and other 

information as described in 14 CFR 

11.35, the FAA will post all comments 

received, without change, to https://

www.regulations.gov, including any 

personal information you provide. The 

agency will also post a report 

summarizing each substantive verbal 

contact received about this proposed 

AD. 

Confidential Business Information 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to this NPRM 

contain commercial or financial 

information that is customarily treated 

as private, that you actually treat as 

private, and that is relevant or 

responsive to this NPRM, it is important 

that you clearly designate the submitted 

comments as CBI. Please mark each 

page of your submission containing CBI 

as ‘‘PROPIN.’’ The FAA will treat such 

marked submissions as confidential 

under the FOIA, and they will not be 

placed in the public docket of this 

NPRM. Submissions containing CBI 

should be sent to Darren Gassetto, 

Aviation Safety Engineer, FAA, New 

York ACO Branch, 1600 Stewart 

Avenue, Suite 410, Westbury, NY 

11590. Any commentary that the FAA 

receives which is not specifically 

designated as CBI will be placed in the 

public docket for this rulemaking. 

Background 

The FAA issued AD 89–24–06 R1, 

Amendment 39–6670 (55 FR 29347, July 

19, 1990) (AD 89–24–06 R1) for all 

Boeing of Canada, Ltd. and de Havilland 

(type certificate currently held by 

Viking Air Limited) Model DHC–6–1, 

DHC–6–100, DHC–6–200, and DHC–6– 

300 airplanes. AD 89–24–06 R1 requires 

repetitively inspecting the elevator 

quadrant, P/N C6CFM 1138–27 (Pre 

Mod 6/1394), P/N C6CFM 1450–27 (Post 

Mod 6/1394 or production cut-in (PCI) 

S/N 331, Pre Mod 6/1678), or P/N 

C6CFM 1450–29 (Post Mod 6/1678 or 

PCI S/N 602), for distortion (warping, 

buckling, and score marks on the 

quadrant topside face caused by rubbing 

against the side of the cable guard) and 


lotter on DSK11XQN23PROD with PROPOSALS1
7966 Federal Register / Vol. 87, No. 29 / Friday, February 11, 2022 / Proposed Rules 

replacing if distortion is found. AD 89– 

24–06 R1 also requires inspecting the 

elevator quadrant mounting support 

bracket, P/N C6CFM 1142–1, for cracks 

if distortion in the elevator quadrant is 

found and replacing any cracked P/N 

C6CFM 1142–1. 

Actions Since AD 89–24–06 R1 Was 

Issued 

Since the FAA issued AD 89–24–06 

R1, the type certificate holder for Model 

DHC–6–1, DHC–6–100, DHC–6–200, 

and DHC–6–300 airplanes changed from 

de Havilland to Viking Air Limited. In 

2012, the FAA issued Viking Air 

Limited a type certificate for the Model 

DHC–6–400 airplane as part of the 

DHC–6 series. 

Transport Canada, which is the 

aviation authority for Canada, 

superseded its prior ADs on this unsafe 

condition and issued Canadian AD CF– 

1972–06R5, dated June 22, 2018 

(referred to after this as ‘‘the MCAI’’), to 

require a fluorescent penetrant 

inspection and expand the model 

applicability to include the Viking Air 

Limited Model DHC–6–400 airplane. 

The MCAI states: 

Damage to the flight control system of 

DHC–6 aeroplanes was found during 

inspection. The damage has been attributed 

to ground gusts. The damage included cracks 

in the base of the lower control column, 

cracks and buckles in the elevator/rudder 

pulley bracket, and distortion of the elevator 

quadrant. Damage to the elevator quadrant 

may produce abnormal loads on the quadrant 

support bracket that damage the bracket. 

Damaged flight control components may 

fail when subjected to service loads, resulting 

in loss of control of the aeroplane. 

This revision of the [Transport Canada] AD 

clarifies the applicability of the corrective 

actions and endorses Service Bulletin (SB) 6/ 

511 as a means of accomplishing some of the 

required inspections. In corrective action Part 

III, dye penetrant inspection has been 

replaced by fluorescent penetrant inspection. 

You may examine the MCAI in the AD 

docket at https://www.regulations.gov by 

searching for and locating Docket No. FAA– 

2022–0099. 

Related Service Information Under 1 

CFR Part 51 

The FAA reviewed DHC–6 (Twin 

Otter) Service Bulletin 6–511, Revision 

A, dated June 22, 1990. This service 

bulletin specifies procedures for 

repetitively inspecting the elevator 

quadrant for distortion (warping, 

buckling, and score marks), performing 

a one-time dye penetrant inspection of 

the elevator quadrant support bracket 

for cracks, and taking corrective actions. 

This service information is reasonably 

available because the interested parties 

have access to it through their normal 

course of business or by the means 

identified in ADDRESSES. 

FAA’s Determination 

This product has been approved by 

the aviation authority of another 

country and is approved for operation in 

the United States. Pursuant to the FAA’s 

bilateral agreement with this State of 

Design Authority, it has notified the 

FAA of the unsafe condition described 

in the MCAI and service information 

referenced above. The FAA is issuing 

this NPRM after determining the unsafe 

condition described previously is likely 

to exist or develop on other products of 

the same type design. 

Proposed AD Requirements in This 

NPRM 

This proposed AD would retain the 

actions of AD 89–24–06 R1, extend the 

compliance time intervals for the 

repetitive inspections, add the Model 

DHC–6–400 airplane to the 

applicability, and add a fluorescent 

penetrant inspection requirement with 

credit for the visual inspections done 

before the effective date of this proposed 

AD. 

Differences Between This Proposed AD 

and the MCAI 

The MCAI addresses actions on the 

the control column lower assembly, the 

elevator pulley bracket system, and the 

elevator quadrant. This proposed AD 

would only require actions on the 

elevator quadrant and elevator quadrant 

support bracket. The FAA is not 

proposing to require the repetitive 

inspections of the control column lower 

sub-assembly, lower horizontal torque 

tube, and top and bottom channels of 

the pulley bracket assembly, and the 

modifications that terminate those 

inspections, because those actions are 

addressed by AD 69–05–01 R2, 

Amendment 39–3824 (45 FR 45258, July 

3, 1980) and AD 69–08–12 R1, 

Amendment 39–867 (34 FR 18226, 

November 14, 1969). 

The MCAI applies to Viking Air 

Limited Model DHC–6 series 110, DHC– 

6 series 210, DHC–6 series 310, and 

DHC–6 series 320, and this proposed 

AD would not because these models do 

not have an FAA type certificate. 

Transport Canada Model DHC–6 series 

1, DHC–6 series 100, DHC–6 series 200, 

DHC–6 series 300, and DHC–6 series 

400 airplanes correspond to FAA Model 

DHC–6–1, DHC–6–100, DHC–6–200, 

DHC–6–300, and DHC–6–400 airplanes, 

respectively. 

Costs of Compliance 

The FAA estimates that this AD, if 

adopted as proposed, would affect 133 

airplanes of U.S. registry. 

The FAA estimates the following 

costs to comply with this proposed AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per airplane Cost on U.S. operators 

Elevator quadrant and support 

bracket visual inspection.

.5 work-hour × $85 per hour = 

$42.50.

N/A $42.50 per inspection 

cycle.

$5,652.50 (for the affected 133 

airplanes) per inspection 

cycle. 

Fluorescent penetrant inspection 

of the elevator quadrant support bracket.

1 work-hour × $85 per hour = 

$85.

N/A $85 ............................ $10,795 (for the affected 127 

airplanes). 

The FAA estimates the following 

costs to do any repairs or replacements 

that would be required based on the 

results of the proposed inspections. The 

FAA has no way of determining the 

number of airplanes that might need 

these repairs/replacements: 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 29 / Friday, February 11, 2022 / Proposed Rules 7967 

ON-CONDITION COSTS

Action Labor cost Parts cost Cost per 

airplane 

Replacement of elevator quadrant ............................... 1.5 work-hours × $85 per hour = $127.50 ................... $825 $952.50 

Fluorescent penetrant inspection of the elevator quadrant support bracket.1 work-hour × $85 per hour = $85 ............................... N/A 85 

Replacement of elevator quadrant support bracket ..... 2 work-hours × $85 per hour = $170 ........................... 485 655 

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. 

The FAA is 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 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 

The FAA 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 that the proposed regulation: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Would not affect intrastate 

aviation in Alaska, and 

(3) Would 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: 

■ a. Removing Airworthiness Directive 

89–24–06 R1, Amendment 39–6670 (55 

FR 29347, July 19, 1990); and 

■ b. Adding the following new 

airworthiness directive: 

Viking Air Limited (Type Certificate 

previously held by Bombardier Inc., de 

Havilland, Inc.): Docket No. FAA–2022– 

0099; Project Identifier 2019–CE–019– 

AD. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by March 28, 

2022. 

(b) Affected ADs 

This AD replaces Airworthiness Directive 

(AD) 89–24–06 R1, Amendment 39–6670 (55 

FR 29347, July 19, 1990) (AD 89–24–06 R1). 

(c) Applicability 

This AD applies to Viking Air Limited 

(type certificate previously held by 

Bombardier Inc. and de Havilland, Inc.) 

Model DHC–6–1, DHC–6–100, DHC–6–200, 

DHC–6–300, and DHC–6–400 airplanes, all 

serial numbers, certificated in any category. 

(d) Subject 

Joint Aircraft System Component (JASC) 

Code 2700, Flight Control System. 

(e) Unsafe Condition 

This AD was prompted by mandatory 

continuing airworthiness information (MCAI) 

originated by an aviation authority of another 

country to identify and correct an unsafe 

condition on an aviation product. The MCAI 

describes the unsafe condition as damage to 

the flight control system. The FAA is issuing 

this AD to prevent failure of the flight control 

system. The unsafe condition, if not 

addressed, could result in loss of control of 

the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Elevator Quadrant and Support Brackets: 

Inspections, Replacements, and 

Modifications 

(1) Visually inspect the elevator quadrant 

for indications of distortion (warping, 

buckling, or score marks) by following 

paragraphs III.A.2.(a) and III.A.2.(b) of the 

Accomplishment Instructions in DHC–6 

(Twin Otter) Service Bulletin 6–511, Revision 

A, dated June 22, 1990 (DHC–6 SB 6–511, 

Revision A) at the following applicable 

compliance times: 

(i) For Model DHC–6–1, DHC–6–100, 

DHC–6–200, and DHC–6–300 airplanes, 

before further flight after the effective date of 

this AD or within 400 hours time-in-service 

(TIS) after the last inspection required by AD 

89–24–06 R1, whichever occurs later, and 

thereafter at intervals not to exceed 400 hours 

TIS; or 

(ii) For Model DHC–6–400 airplanes, 

before further flight after the effective date of 

this AD and thereafter at intervals not to 

exceed 400 hours TIS. 

Note 1 to paragraph (g)(1): The elevator 

quadrant may be identified as P/N 

C6CFM1138–27 (Pre Mod 6/1394), P/N 

C6CFM1450–27 (Post Mod 6/1394 or 

production cut-in (PCI) S/N 331, Pre Mod 6/ 

1678), or P/N C6CFM1450–29 (Post Mod 6/ 

1678 or PCI S/N 602), and is referred to as 

assembly P/N C6CF1137–1, –3, –5, or –7. 

(2) If any indication of distortion is found 

on the elevator quadrant during any 

inspection required by paragraph (g)(1) of 

this AD, before further flight, replace the 

elevator quadrant with a serviceable part and 

inspect the elevator quadrant support bracket 

assembly for cracks by 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. 

(3) For Model DHC–6–1, DHC–6–100, 

DHC–6–200, and DHC–6–300 airplanes: 

Within 400 hours TIS after the effective date 

of this AD, unless already done within the 

preceding 12 months before the effective date 

of this AD, inspect the elevator quadrant 

support bracket assembly for cracks by 


lotter on DSK11XQN23PROD with PROPOSALS1
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 


lotter on DSK11XQN23PROD with PROPOSALS1