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

43091 

Vol. 78, No. 139 

Friday, July 19, 2013 

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), Department of 

Transportation (DOT). 

ACTION: Notice of Proposed Order 

Designating Safety Information as 

Protected from Disclosure. 

SUMMARY: The FAA is proposing that 

safety information provided to it under 

the T–SAP, established in Notice JO 

7210.807 which will be incorporated in 

FAA Order JO 7200.20, Voluntary Safety 

Reporting Programs, and ATSAP, 

covered by FAA Order JO 7200.20, 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 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. Under 49 U.S.C. 

40123, Protection of Voluntarily 

Submitted Information, the FAA is 

required to protect information from 

disclosure to the public, including 

disclosure under the Freedom of 

Information Act (5 U.S.C. 552) or other 

laws, following the issuance of such 

Order. 

DATES: Comments must be received on 

or before August 19, 2013. 

ADDRESSES: You may send comments 

identified by docket number FAA– 

2013–0375 using any of the following 

methods: via mail to U.S. Department of 

Transportation, Docket Operations, 

M–30, 1200 New Jersey Avenue SE., 

West Building Ground Floor, Room 

W12–140, Washington DC 20590–0339; 

telephone (202) 366–9826. You must 

identify the FAA Docket No. FAA– 

2013–3075 at the beginning of your 

comments. You may also submit 

comments through this Web site at 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Lisbeth Mack—Group Manager, ATO 

Safety Programs, Federal Aviation 

Administration, 490 L’Enfant Plaza, 

Suite 7200, Washington DC 20024 or via 

email at lisbeth.mack@faa.gov or phone 

at 202–385–4757. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify 

docket number FAA 2013–0375 and be 

submitted in triplicate to the Docket 

Management System (see ADDRESSES

section for address and phone number). 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this action must submit with those 

comments a self-addressed stamped 

postcard on which the following 

statement is made: ‘‘Comments to FAA 

Docket No. FAA–2013–0375’’. The 

postcard will be date/time stamped and 

returned to the commenter. 

All communications received on or 

before the specified closing date for 

comments will be considered before 

taking action on the proposed Order. 

The proposal contained in this action 

may be changed in light of comments 

received. All comments submitted will 

be available for examination in the 

public docket both before and after the 

closing date for comments. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with this rulemaking will be filed in the 

docket. 

Availability of This Proposed 

Designation 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office (see the 

ADDRESSES section for the address and 

phone number) between 9:00 a.m. and 

5:00 p.m., Monday through Friday, 

except federal holidays. An electronic 

copy of this document may be 

downloaded through the Internet at 

http://www.regulations.gov. Recently 

published rule-making documents can 

also be accessed through the FAA’s Web 

site at http://www.faa.gov/ 

airports_airtraffic/air_traffic/ 

publications. 

1. 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. The FAA must first 

issue an Order that specifies why the 

agency finds that the information 

should be protected in accordance with 

49 U.S.C. 40123. The FAA’s rules for 

implementing that section are in 14 CFR 

part 193. 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. 

2. Applicability 

This proposed 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 proposed designation 

would also apply to any other 

government agency that receives such 

information from the FAA. For any 

other government agency to receive 

T–SAP or ATSAP information covered 

under the proposed designation from 

the FAA, each such agency must first 


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43092 Federal Register / Vol. 78, No. 139 / Friday, July 19, 2013 / Proposed Rules 

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. 

3. Overview 

a. Qualified Participants. Technical 

Operations employees who are covered 

under the collective bargaining 

agreement (CBA) between PASS and the 

FAA effective December 14, 2012, or its 

successor, and other employees 

identified in Notice JO 7210.807, which 

will be incorporated in Order JO 

7200.20, are eligible to complete a 

T–SAP report for events that occur 

while acting in that capacity. Air Traffic 

employees who are covered under the 

CBA between NATCA and the FAA 

effective October 1, 2009 or its 

successor, Staff Support Specialists 

covered under the CBA between 

NATCA and FAA effective August 1, 

2010 or its successor, Flight Services 

personnel covered under the CBA 

between NATCA and the FAA effective 

June 5, 2011, or its successor, employees 

covered under the CBA between NAGE 

Local R3–10 and the FAA dated May 24, 

2007 or its successor, and others 

identified in FAA Order JO 7200.20 are 

eligible to file an ATSAP report for 

events that occur while acting in that 

capacity. 

b. Voluntarily-provided Information 

Protected from Disclosure Under the 

Proposed Designation. Except for 

T–SAP or ATSAP 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 T–SAP or ATSAP, 

that is accepted into either program, 

including 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- or securityrelated event reported under T–SAP or 

ATSAP, including the T–SAP or ATSAP 

investigative file. 

c. Ways to Participate. Individuals 

who are qualified participants register 

for, and submit a report into, the 

electronic reporting system. 

d. Duration of Voluntary Safety 

Reporting Programs. These programs 

continue as long as provided for by 

Order, Notice, policy or a collective 

bargaining agreement. 

4. Findings 

The FAA designates information 

received from a T–SAP or ATSAP 

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 T–SAP and ATSAP. 

No covered individual is required to 

participate in the T–SAP, ATSAP, or 

other voluntary safety reporting 

program. 

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 T–SAP 

or ATSAP: 

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) Technical Operations personnel 

support the delivery and efficiency of 

flight services through maintenance of 

the National Airspace System facilities, 

systems and equipment. Reports 

submitted by these employees under T– 

SAP ordinarily involve matters or 

observations occurring during the 

performance of their job responsibilities, 

and therefore the information submitted 

is inherently safety related. Air Traffic 

personnel provide and support the 

provision of air traffic services at FAA 

facilities throughout the NAS. Reports 

submitted by these employees under 

ATSAP 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. 

Individuals 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, 

personnel 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 

T–SAP or ATSAP 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 T–SAP and ATSAP is 

that they encourage the submission of 

narrative descriptions of occurrences 

that provide more detailed information 

than is otherwise available. The T–SAP 

and ATSAP produce 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 T–SAP and 

ATSAP 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 T–SAP and ATSAP 

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 


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Federal Register / Vol. 78, No. 139 / Friday, July 19, 2013 / Proposed Rules 43093 

information will not be provided to the 

FAA. Individuals 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 T–SAP 

and ATSAP can be accomplished 

without disclosure of protected 

information. For example, for 

acceptance under each program, the 

reporting individual must comply with 

ERC recommendations for corrective 

action, such as additional training. If the 

individual 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 T–SAP and 

ATSAP information submitted to the 

agency, as specified in Part 193 and this 

proposed 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 

T–SAP and ATSAP reports or extracted 

from the protected information listed 

under paragraph 4b. The FAA may 

disclose de-identified, summarized 

T–SAP and ATSAP information that 

identifies a systemic problem in the 

National Airspace System, when a party 

needs to be advised of the problem in 

order to take corrective action. Under 

the current version of FAA Order 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 T–SAP and ATSAP reports are 

clearly labeled as such. Each individual 

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. 40123 and 14 CFR part 

193. 

Issued in Washington, DC, on July 10, 

2013. 

Michael P. Huerta, 

Administrator, Federal Aviation 

Administration. 

[FR Doc. 2013–17401 Filed 7–18–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 74 

[Docket No. FDA–1998–C–0381] (Formerly 

Docket No. 98C–0676) 

Sensient Technologies Corporation; 

Withdrawal of Color Additive Petition 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notice of withdrawal. 

SUMMARY: The Food and Drug 

Administration (FDA) is announcing the 

withdrawal, without prejudice to a 

future filing, of a color additive petition 

(CAP 8C0261) proposing that the color 

additive regulations be amended to 

provide for the safe use of External D&C 

Violet No. 2 in coloring externally 

applied drug products. 

FOR FURTHER INFORMATION CONTACT: 

Ellen Anderson, Center for Food Safety 

and Applied Nutrition (HFS–265), Food 

and Drug Administration, 5100 Paint 

Branch Pkwy., College Park, MD 20740– 

3835, 240–402–1309. 

SUPPLEMENTARY INFORMATION: In a notice 

published in the Federal Register of 

August 24, 1998 (63 FR 45073), FDA 

announced that a color additive petition 

(CAP 8C0261) had been filed by WarnerJenkinson Co., Inc. (now part of 

Sensient Cosmetic Technologies, a unit 

of Sensient Technologies Corporation), 

107 Wade Ave., South Plainfield, NJ 

07080. The petition proposed to amend 

the color additive regulations in 21 CFR 

part 74 Listing of Color Additives 

Subject to Certification to provide for 

the safe use of External D&C Violet No. 

2 in coloring externally applied drug 

products. Sensient Technologies 

Corporation has now withdrawn the 

petition without prejudice to a future 

filing (21 CFR 71.6(c)(2)). 

Dated: July 16, 2013. 

Dennis M. Keefe, 

Director, Office of Food Additive Safety, 

Center for Food Safety and Applied Nutrition. 

[FR Doc. 2013–17382 Filed 7–18–13; 8:45 am] 

BILLING CODE 4160–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Parts 172 and 182 

[Docket Nos. FDA–2013–F–0700 and FDA– 

2013–P–0472] 

Richard C. Theuer; Filing of Food 

Additive Petition and Citizen Petition 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notice of petition. 

SUMMARY: The Food and Drug 

Administration (FDA or we) is 

announcing that Richard C. Theuer, 

Ph.D., has filed a petition proposing that 

the food additive regulations be 

amended to prohibit the use of 

carrageenan and salts of carrageenan in 

infant formula. In addition, the 

petitioner has submitted a citizen 

petition, under FDA regulations, 

requesting that we amend the generally 

recognized as safe (GRAS) regulations to 

prohibit the use of Chondrus extract 

(carrageenin) in infant formula. 

FOR FURTHER INFORMATION CONTACT: 

Molly A. Harry, Center for Food Safety 

and Applied Nutrition (HFS–265), Food 

and Drug Administration, 5100 Paint 

Branch Pkwy., College Park, MD 20740– 

3835, 240–402–1075. 

SUPPLEMENTARY INFORMATION: Under 

section 409(b)(5) of the Federal Food, 

Drug, and Cosmetic Act (the FD&C Act) 

(21 U.S.C. 348(b)(5)), we are giving 

notice that Richard C. Theuer, Ph.D., 

7904 Sutterton Ct., Raleigh, NC 27615, 

has filed a food additive petition (FAP 

3A4798; Docket No. FDA–2013–F– 

0700). The petition proposes to amend 

the food additive regulations in 21 CFR 

172.620 and 172.626 to prohibit the use 

of carrageenan and salts of carrageenan 

in infant formula. In addition, Dr. 

Theuer has submitted a citizen petition, 

under 21 CFR 10.30, requesting that 21 


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