Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations 57701 

Atlanta, Georgia 30320; telephone (404) 

305–6364. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

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. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part, A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it establishes 

Class E airspace at Poplarville-Pearl 

River County Airport, Poplarville, MS. 

History 

On June 22, 2015, the FAA published 

in the Federal Register a notice of 

proposed rulemaking (NPRM) to 

establish Class E airspace extending 

upward from 700 feet above the surface 

at Poplarville-Pearl River County 

Airport, Poplarville, MS. (80 FR 35601). 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. No comments 

were received. Subsequent to 

publication, the FAA found the airport 

designation Poplarville, MS, is already 

being used for another airport, and, 

therefore, has changed the title and 

designation to Poplarville-Pearl River 

County Airport, Poplarville, MS. The 

geographic coordinates are also 

adjusted. Except for editorial changes, 

and the changes noted above, this rule 

is the same as published in the NPRM. 

Class E airspace designations are 

published in paragraph 6005 of FAA 

Order 7400.9Z dated August 6, 2015, 

and effective September 15, 2015, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designations 

listed in this document will be 

published subsequently in the Order. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document amends FAA Order 

7400.9Z, Airspace Designations and 

Reporting Points, dated August 6, 2015, 

and effective September 15, 2015. FAA 

Order 7400.9Z is publicly available as 

listed in the ADDRESSES section of this 

proposed rule. FAA Order 7400.9Z lists 

Class A, B, C, D, and E airspace areas, 

air traffic service routes, and reporting 

points. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

establishes Class E airspace extending 

upward from 700 feet above the surface 

within a 6.8-mile radius of PoplarvillePearl River County Airport, Poplarville, 

MS, providing the controlled airspace 

required to support the new RNAV 

(GPS) standard instrument approach 

procedures for Poplarville-Pearl River 

County Airport. The title of this rule 

and the airspace designation is changed 

from Poplarville, MS, to PoplarvillePearl River County Airport, MS, and the 

geographic coordinates of the airport are 

adjusted to be in concert with the FAAs 

aeronautical database. 

Class E airspace designations are 

published in Paragraph 6005 of FAA 

Order 7400.9Z, dated August 6, 2015, 

and effective September 15, 2015, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document will be 

published subsequently in the Order. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current, is non-controversial and 

unlikely to result in adverse or negative 

comments. It, therefore, (1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

Regulatory Evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1E, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 311a. This airspace action is 

not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for Part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9Z, 

Airspace Designations and Reporting 

Points, dated August 6, 2015, effective 

September 15, 2015, is amended as 

follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth 

* * * * * 

ASO MS E5 Poplarville-Pearl River County 

Airport, MS [New] 

Poplarville-Pearl River County Airport, MS 

(Lat. 30°47′12′′ N., long. 89°30′16′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.8-mile 

radius of Poplarville-Pearl River County 

Airport. 

Issued in College Park, Georgia, on 

September 16, 2015. 

Jim Dickinson, 

Acting Manager, Operations Support Group, 

Eastern Service Center, Operations Support 

Group. 

[FR Doc. 2015–24153 Filed 9–24–15; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 193 

[Docket No.: FAA–2014–0142] 

RIN 2120–AA66 

Federal Contract Tower Safety Action 

Program (SAFER–FCT) and Air Traffic 

Safety Action Program for Engineers & 

Architects, Staff Support Specialists, 

Aviation Technical System Specialists 

(Series 2186) and Flight Procedures 

Team (ATSAP–X) 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

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57702 Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations 

ACTION: Notice of Order Designating 

Information as Protected from 

Disclosure; No comments received. 

SUMMARY: This action affirms the order 

published in the Federal Register on 

April 3, 2015, regarding the application 

of Title 14, Code of Federal Regulations 

(14 CFR) Part 193, Federal Contract 

Tower SAFER–FCT Program and the Air 

Traffic Organization Engineers and 

Architects, Staff Support Specialist 

(Series 2186) and Flight Procedures 

Team (hereinafter ‘‘Region X’’) ATSAP– 

X Program. The Notice proposed that 

safety information provided to the FAA 

under the SAFER–FCT and ATSAP–X 

programs be designated by an FAA 

Order as protected from public 

disclosure in accordance with the 

provisions of 14 CFR part 193, 

Protection of Voluntarily Submitted 

Information. The designation is 

intended to encourage persons to 

voluntarily provide information to the 

FAA under the SAFER–FCT and 

ATSAP–X, so the FAA can learn about 

and address aviation safety hazards and 

implement, as appropriate corrective 

measures for events or safety issues. 

DATES: Effective date: September 25, 

2015. 

ADDRESSES: For information on where to 

obtain copies of documents and other 

information related to this action, see 

‘‘How to Obtain Additional 

Information’’ in the SUPPLEMENTARY

INFORMATION section of this notice. 

FOR FURTHER INFORMATION CONTACT: For 

questions concerning this action, 

contact Ms. Coleen Hawrysko, Group 

Manager, Air Traffic Organization 

(ATO) Safety Programs, Federal 

Aviation Administration, 490 L’Enfant 

Plaza, Suite 7200, Washington, DC 

20024; telephone (202) 267–8807, email: 

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 (Title 5 of the United 

States Code (5 U.S.C.), section 552) or 

other laws, except as provided in 49 

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

Order designating the information as 

protected. This Order is issued under 

part 193; section 193.11, which sets out 

the notice procedure for designating 

information as protected. 

On April 3, 2015, the FAA published 

a notice of proposed order designating 

information provided under the 

SAFER–FCT and ATSAP–X programs as 

protected from disclosure under 49 

U.S.C. 40123 and 14 CFR part 193. 80 

FR 18168. The FAA noted that the 

designation of protected information is 

intended to encourage persons to 

voluntarily provide information to the 

FAA under the SAFER–FCT and 

ATSAP–X, so the FAA can learn about 

and address aviation safety hazards of 

which it was unaware or more fully 

understand and implement corrective 

measures for events or safety issues 

known by it through other means. The 

FAA invited public comment. No 

comments were submitted to the docket. 

Applicability 

The designation is applicable to any 

FAA office that receives information 

covered under this designation from 

SAFER–FCT and ATSAP–X, both of 

which will be incorporated in FAA 

Order JO 7200.20, Voluntary Safety 

Reporting Programs. Any other 

government agency that receives 

SAFER–FCT and ATSAP–X information 

covered under the designation from the 

FAA is subject to the requirements of 49 

U.S.C. 40123 regarding nondisclosure of 

the information. Under § 193.7(e), each 

such agency must stipulate in writing, 

that it will abide by the requirements of 

section 40123, the provisions of part 

193, and the Order designating SAFER– 

FCT and ATSAP–X as protected from 

public disclosure under 14 CFR part 

193. 

3. Summary 

a. Qualified Participants. Region X 

employees who are covered under the 

Consolidated Collective Bargaining 

agreement (CBA) between NATCA and 

the FAA effective May 22, 2013, or its 

successor, and other employees 

identified in FAA Order 7200.22 which 

will be incorporated in FAA Order 

7200.20, are eligible to complete a 

ATSAP–X report for events that occur 

while acting in that capacity. Vendor 

employees Union or Non-Union who are 

covered under the FAA and the Federal 

Contract Tower September 2011 

contract, or its successor, and other 

employees identified in FAA Order 

7200.20 are eligible to complete a 

SAFER–FCT report for events that occur 

while acting in that capacity. 

b. Voluntarily-provided Information 

Protected from Disclosure Under the 

Proposed Designation. Except for 

SAFER–FCT or ATSAP–X reports that 

involve possible criminal conduct, 

substance abuse, controlled substances, 

alcohol, or intentional falsification, the 

following information would be 

protected from disclosure: 

(1) the content of any report 

concerning an aviation safety or security 

matter that is submitted by a qualified 

participant under the SAFER–FCT or 

ATSAP–X that is accepted into either 

program, including the SAFER–FCT or 

ATSAP–X report, and the name of the 

submitter of the report. Notwithstanding 

the foregoing, mandatory information 

about occurrences that are required to 

be reported under FAA Orders or ATO 

guidance is not protected under this 

designation, unless the same 

information has also been submitted or 

reported under other procedures 

prescribed by the Agency. The 

exclusion is necessary to assure that the 

information protected under this 

designation has been voluntarily 

submitted. It also permits changes to 

ATO Orders and guidance without 

requiring a change to this designation. 

(2) Any evidence gathered by the 

Event Review Committee during its 

investigation of a safety- or securityrelated event reported under SAFER– 

FCT or ATSAP–X, including the 

SAFER–FCT or ATSAP–X investigative 

file. 

Note: The type of information or 

circumstances under which the information 

listed above would not be protected from 

disclosure is discussed in paragraph 3.b of 

this Order. 

c. Ways to Participate. FAA 

employees who are qualified 

participants register for, and submit a 

report into, the system. 

d. Duration of this InformationSharing Program. This program 

continues as long as it is provided for 

by Order or a collective bargaining 

agreement. 

4. Findings. The FAA designates 

information received from a SAFER– 

FCT or ATSAP–X submission as 

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

CFR 193.7, based on the following 

findings: 

a. Summary of why the FAA finds that 

the information will be provided 

voluntarily. The FAA finds that the 

information will be provided 

voluntarily. This finding is supported 

by the significant increase in reports of 

safety-related matters since the 

implementation of voluntary safety 

reporting programs. No FAA or Vendor 

employee is required to participate in 

the SAFER–FCT or ATSAP–X. 

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Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations 57703 

b. Description of the type of 

information that may be voluntarily 

provided under the program and a 

summary of why the FAA finds that the 

information is safety- related. 

(1) The following types of reports are 

ordinarily submitted under the SAFER– 

FCT or ATSAP–X: 

i. Noncompliance reports. 

Noncompliance reports identify specific 

instances of a failure to follow FAA 

directives. 

ii. Aviation safety concern reports. 

Aviation safety concerns that do not 

involve specific noncompliance with 

FAA directives. These may include, but 

are not limited to potential safety events 

or perceived problems with policies, 

procedures, and equipment. 

(2) Region X employees support the 

design, delivery and efficiency of flight 

services throughout the National 

Airspace System (NAS) facilities, 

systems and equipment. Reports 

submitted by these employees under 

ATSAP–X ordinarily involve matters or 

observations occurring during the 

performance of their job responsibilities, 

and therefore the information submitted 

is inherently safety related. Vendor 

employees provide and support the 

provision of air traffic services at 

Federal Contract Tower facilities 

throughout the NAS. Reports submitted 

by these employees under SAFER–FCT 

ordinarily involve occurrences or 

problems identified or experienced 

during the performance of their job 

responsibilities which directly affect 

safety. 

c. Summary of why the FAA finds that 

the disclosure of the information would 

inhibit persons from voluntarily 

providing that type of information. 

The FAA finds that disclosure of the 

information would inhibit the voluntary 

provision of that type of information. 

Employees are unwilling to voluntarily 

provide detailed information about 

safety events and concerns, including 

those that might involve their own 

failures to follow Agency directives and 

policies, if such information could be 

released publicly. If information is 

publicly disclosed, there is a strong 

likelihood that the information could be 

misused for purposes other than to 

address and resolve the reported safety 

concern. Unless the FAA can provide 

assurance that safety-related reports will 

be withheld from public disclosure, 

employees will not participate in the 

programs. 

d. Summary of why the receipt of that 

type of information aids in fulfilling the 

FAA’s safety responsibilities. The FAA 

finds that receipt of information in 

SAFER–FCT or ATSAP–X reports aids 

in fulfilling the FAA’s safety 

responsibilities. Because of its capacity 

to provide early identification of needed 

safety improvements, this information 

offers significant potential for 

addressing hazards that could lead to 

incidents or accidents. In particular, one 

of the benefits of both the SAFER–FCT 

and ATSAP–X is that they encourage 

the submission of narrative descriptions 

of occurrences that provide more 

detailed information than is otherwise 

available. The SAFER–FCT and 

ATSAP–X have produced safety-related 

data that is not available from any other 

source. Receipt of this previously 

unavailable information has provided 

the FAA with an improved basis for 

modifying procedures, policies, and 

regulations to improve safety and 

efficiency. 

e. Consistencies and inconsistencies 

with FAA safety responsibilities. The 

FAA finds that withholding SAFER– 

FCT and ATSAP–X information from 

public release is consistent with the 

FAA’s safety responsibilities, because it 

encourages individuals to provide 

important safety information that it 

otherwise might not receive. 

(1) Withholding SAFER–FCT and 

ATSAP–X information from disclosure, 

as described in this designation, is 

consistent with the FAA’s safety 

responsibilities. Without the Agency’s 

ability to assure that the detailed 

information reported under these 

programs, which often explains why the 

event occurred or describes underlying 

problems, will not be disclosed, the 

information will not be provided to the 

FAA. Employees are concerned that 

public release of the information could 

result in potential misuses of the 

information that could affect them 

negatively. If the FAA does not receive 

the information, the FAA and the public 

will be deprived of the opportunity to 

make the safety improvements that 

receipt of the information otherwise 

enables. Corrective action under 

SAFER–FCT and ATSAP–X can be 

accomplished without disclosure of 

protected information. For example, for 

acceptance under both programs, the 

reporting employee must comply with 

ERC recommendations for corrective 

action, such as additional training for an 

employee. If the employee fails to 

complete corrective action in a manner 

satisfactory to all members of the ERC, 

the event may be referred to an 

appropriate office within the FAA for 

any additional investigation, 

reexamination, and/or action, as 

appropriate. 

(2) The FAA may release SAFER–FCT 

or ATSAP–X information submitted to 

the agency, as specified in Part 193 and 

this Order. For example, to explain the 

need for changes in FAA policies, 

procedures, and regulations, the FAA 

may disclose de-identified, summarized 

information that has been derived from 

SAFER–FCT or ATSAP–X reports or 

extracted from the protected 

information listed under paragraph 5b. 

The FAA may disclose de-identified, 

summarized SAFER–FCT or ATSAP–X 

information that identifies a systemic 

problem in the NAS, when a party 

needs to be advised of the problem in 

order to take corrective action. Under 

the current version of FAA Order N JO 

7200.20, reported events and possible 

violations may be subject to 

investigation, reexamination, and/or 

action. Although the report itself and 

the content of the report are not used as 

evidence, the FAA may use the 

knowledge of the event or possible 

violation to generate an investigation, 

and, in that regard, the information is 

not protected from disclosure. To 

withhold information from such limited 

release would be inconsistent with the 

FAA’s safety responsibilities. In 

addition, reports that appear to involve 

possible criminal activity, substance 

abuse, controlled substances, alcohol, or 

intentional falsification will be referred 

to an appropriate FAA office for further 

handling. The FAA may use such 

reports for enforcement purposes, and 

will refer such reports to law 

enforcement agencies, if appropriate. To 

withhold information in these 

circumstances would be inconsistent 

with the agency’s safety responsibilities 

because it could prevent, or at least 

diminish the FAA’s ability to effectively 

address egregious misconduct. 

f. Summary of how the FAA will 

distinguish information protected under 

part 193 from information the FAA 

receives from other sources. 

(1) All employee SAFER–FCT and 

ATSAP–X reports are clearly labeled as 

such. Each employee must submit their 

own report. 

5. Designation. The FAA designates 

the information described in paragraph 

4b to be protected from disclosure in 

accordance with 49 U.S.C., section 

40123 and 14 CFR part 193. 

Issued in Washington, DC on September 

18, 2015. 

Michael P. Huerta, 

Administrator, Federal Aviation 

Administration. 

[FR Doc. 2015–24438 Filed 9–24–15; 8:45 am] 

BILLING CODE 4910–13–P 

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